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2015/06/01 - ADMIN - Agenda Packets - City Council - Study Session
AGENDA JUNE 1, 2015 7:00 p.m. SPECIAL STUDY SESSION – Community Room Discussion Item 1. 25 min. Bader Development’s Application for Tax Increment Financing (TIF) – The Shoreham Project 7:25 p.m. ECONOMIC DEVELOPMENT AUTHORITY -- Council Chambers 1. Call to Order 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes May 18, 2015 4. Approval of Agenda 5. Reports 6. Old Business – None 7. New Business 7a. Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project Recommended Action: Motion to Adopt EDA Resolution Authorizing the Issuance of a Tax Increment Revenue Note, Series 2015 to Ellipse II LLC. 8. Communications -- None 9. Adjournment 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Donations 2b. Citizens Independent Bank 65 Year Anniversary Recognition 3. Approval of Minutes 3a. Closed Executive Session May 18, 2015 Meeting of June 1, 2015 City Council Agenda Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions – None 6. Public Hearings -- None 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Comprehensive Plan Amendment – “Bridgewater Development” Recommended Action: Motion to Adopt Resolution amending the Comprehensive Plan Land Use Map from COM – Commercial to MX – Mixed Use for properties: 4400 & 4424 Excelsior Blvd and 3743 Monterey Dr. 8b. Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street Recommended Action: Motion to Adopt Resolution approving a Conditional Use Permit (CUP) to export and import 9,000 cubic yards of fill, subject to conditions. 8c. Inclusionary Housing Policy Recommended Action: Motion to approve the Inclusionary Housing Policy which would require the inclusion of affordable housing units in new market rate multi-unit residential developments receiving financial assistance from the City. 9. Communications -- None Meeting of June 1, 2015 City Council Agenda CONSENT CALENDAR 4a. Approve a Temporary On-Sale Intoxicating Liquor License for STEP at 6812 West Lake Street for June 18, 2015. 4b. Approve the second reading and Adopt Ordinance vacating public utility easements at 5320 West 23rd Street, and authorize summary publication. 4c. Approve the second reading and Adopt Ordinance amending City Code Sec. 3-57 to increase the maximum number of barrels of malt liquor able to be produced annually, and Adopt Ordinance amending Business Park and Industrial Park Zoning Districts pertaining to breweries, and to approve the summary ordinances for publication. 4d. Approve second reading and Adopt Ordinance amending Chapter 32, Sec. 32-35 and Sec. 32-39 of the St. Louis Park City Code pertaining to the Discontinuance of Water Service, approve summary ordinance, and authorize publication. 4e. Approve second reading and Adopt Ordinance creating Section 36-268-PUD 1 of the Zoning Code and amending the Zoning Map from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1 for properties at: 3907 and 3915 Highway 7, 3031 Glenhurst Avenue, and 3914 and 3918 31st Street West, and approve the Summary Ordinance for publication. 4f. Approve second reading and Adopt Ordinance vacating alley right-of-way, connecting Glenhurst Avenue and France Avenue, north of West 31st Street, and approve the Summary Ordinance for publication. 4g. Adopt Resolution approving acceptance of a Purple Martin House (value $1000) from Paul Reshke to be installed and monitored at Westwood Hills Nature Center and approving acceptance of a Nature Play Sign (value $30) from Chelsey Bahe to be posted at the Nature Play area at Westwood Hills Nature Center. 4h. Adopt Resolution authorizing calling for a Public Hearing on July 6, 2015 on the issuance of health care facilities revenue refunding bonds and authorizing the publication of a notice of the hearing for the Jones Harrison Project. 4i. Approve Motorola MCC7500 Contract relating to the replacement of the radio consoles for 911 Dispatch 4j. Adopt Resolution authorizing final payment in the amount of $44,333.04 for Project 2016-1100 MSA Street Rehabilitation – Pennsylvania Avenue with Valley Paving, Inc., City Contract No. 47-14. 4k. Adopt Resolution revoking W. Lake Street between Brookview Drive and Minnesota 7 Service Road from the City’s Municipal State Aid System. 4l. Approve for filing Planning Commission Minutes May 6, 2015 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: Special Study Session Meeting Date: June 1, 2015 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Bader Development’s Application for Tax Increment Financing (TIF) – The Shoreham Project RECOMMENDED ACTION: Staff wishes to review and receive feedback on Bader Development’s application for Tax Increment Financing (TIF) assistance in connection with The Shoreham Project at the SW corner of CHAH 25 and France Ave. Specific discussion items include: • Proposed project plans • Project economics/amount of TIF assistance • Compliance with the EDA’s TIF Policy • Next steps POLICY CONSIDERATION: Does the EDA support Bader Development’s Shoreham project proposed for the SW corner of CHAH 25 and France Ave and is it willing to consider entering into a redevelopment contract to reimburse the Developer for qualified costs up to $3,050,000 in tax increment generated by The Shoreham project to make it financially feasible? SUMMARY: Bader Development has option agreements to acquire two commercial properties located at 3907 & 3915 Highway 7, (the ASAP building and Battlefield Store respectively), two single-family homes located at 3031 Glenhurst Ave. and 3914 31st St. and a townhome duplex located at 3918 31st St. The Developer proposes to remove the current buildings and residences and replace them with a mixed-use development called The Shoreham. The project would consist of 150 residential units and 20,000 square feet of ground-floor office space along with underground and surface parking. In order to make the project financially feasible, Bader Development applied for $4 million in Tax Increment Financing (TIF) assistance. As a reminder, should the EDA direct Staff to pursue the project further, the EDA is not obligating itself to providing the proposed assistance at this time. FINANCIAL OR BUDGET CONSIDERATION: The cost to construct the proposed Shoreham project is projected at $44.5 million. It is estimated to have a total taxable market value of $32.6 million upon completion. The proposed mixed-use project is not financially feasible due to more than $7.8 million of extraordinary costs associated with redeveloping the site. In order for the project to proceed, it is proposed that the EDA consider reimbursing the Developer for qualified costs up to $3,050,000 in pay-as-you-go tax increment generated by the project for a term of 9 years. The TIF amount could be further reduced based upon any grant awards. Once the TIF Note is retired the additional property taxes generated by the project would accrue to the local taxing jurisdictions. VISION CONSIDERATION: St. Louis park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Michele Schnitker, Housing Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 2 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project DISCUSSION BACKGROUND: Bader Development (“Developer”) has option agreements to acquire five properties at the SW corner of CSAH 25 and France Ave. These include two commercial properties located at 3907 & 3915 Highway 7, (the ASAP building and Battlefield Store respectively), two single-family homes located at 3031 Glenhurst Ave. and 3914 31st St. and a townhome duplex located at 3918 31st St. The land assemblage creates a 2.23-acre redevelopment site. The commercial buildings on the site are both two stories. The single-family homes are one story and duplex is two stories at W 31st St. The Battlefield Store has closed and one of the single family houses has been vacant for over a year. Proposed redevelopment site – SW corner of CSAH 25 and France Ave. CURRENT PROPOSAL: The Developer proposes to raze the current commercial buildings and residences, remove the contaminated fill material and soils impacting the site, and construct a mixed-use development called The Shoreham. The proposed building would consist of 150 residential units (of which 20% would be designated for households earning 50% of area median income) and 20,000 square feet of office space (split between Bader Development/Steven Scott Management and a medical office tenant). Also included would be structured underground and surface parking. The proposed building would front on CSAH 25 and be five stories tall, with the fifth story stepped back from the street. The building would be three stories tall facing W 31st Street, with the building being built into the hillside. Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 3 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project Rendering of proposed building - The Shoreham Construction of The Shoreham is anticipated to begin late this summer and is expected to take approximately a year to complete. It is estimated that The Shoreham would be open for occupancy by late fall 2016. Job Retention and Creation The Developer proposes to relocate its corporate offices (Steven Scott Management and Bader Development) with its combined 43 FTE employees from The Parkdales and occupy 10,000 square feet in the proposed Shoreham building. That move would coincidently replace the 43 workers formerly employed at ASAP Printing which chose to sell and relocate from the subject site. In addition, the proposed project is expected to create 10 full-time on-site property management positions. A medical clinic has agreed to lease the other 10,000 square feet of office space in The Shoreham and is projected to create 44 new FTE employment positions. Land Use, Zoning, and Other Requirements The Comprehensive Plan designates the subject site for Mixed-Use. On May 18th the City Council approved the First Reading of the Ordinance amending the Zoning Map of the subject properties from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1 for properties at: 3907 and 3915 Highway 7, 3031 Glenhurst Avenue, and 3914 and 3918 31st Street West to PUD. The Second Reading of the Ordinance is scheduled for June 1st. The proposed PUD would create a new zoning district and zoning regulations for uses and dimensional standards that are unique to the subject site and building plans. The Shoreham’s proposed uses include multi-family residential, office, and medical office, all of which will be allowed through the PUD rezoning. Thus, the proposed project is consistent with the City’s Comprehensive Plan and allowable under its Zoning Ordinance. The intent of the Mixed Use land use designation and the City’s Livable Communities design principles is 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 subject site is suitable for the proposed mixed-use development and multiple-family housing and meets many of the objectives of the Comprehensive Plan The development will follow the City’s Green Building Policy. It will also comply with requirements incorporated in the City’s pending Inclusionary Housing Policy. To that end, The Shoreham will designate 30 (or 20%) of the residential units as affordable to households earning 50% of the area median income (AMI). This makes for a mixed-income development and expands housing choices for the community. The site has convenient access to good bus service, other services and businesses along Minnetonka Blvd, and is within walking and biking distance of the SWLRT regional trail and future LRT Beltline and West Lake stations. The proposed development is a mixed-use building that promotes efficient use of the land, existing infrastructure, and existing roadway system. It also incorporates underground parking, additional sidewalks, a trail connection and enhanced bicycle facilities making the project walkable and multi-modal. Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 4 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project Overview of the Project’s Sources and Uses The Shoreham’s total development costs (“TDC”) are estimated at $44.5 million. The project’s anticipated sources and uses are listed in the tables below along with their respective percentage of the total development cost. SOURCES AMOUNT ($) % of TDC Private Financing 29,871,850 67.18 Investor Equity 10,591,386 23.82 Grants/Tax Increment Financing 4,000,000 9.0 TOTAL Sources $44,463,236 100% USES AMOUNT ($) % of TDC Land Acquisition 4,000,000 9.0 Construction Costs 33,248,094 74.8 Architectural/Engineering 1,060,000 2.4 Leasing/Start-Up Costs 317,206 0.7 Carrying & Soft Costs 3,437,937 7.7 Furnishings/Tenant Improvements 400,000 0.9 Developer Fee 2,000,000 4.5 TOTAL Project Costs $44,463,236 100% As indicated above, the proposed purchase price for the subject properties is $4 million. The combined land acquisition price equals approximately $26,666 per unit. According to Ehlers, this per unit cost is higher than the typical range of $10,000 to $15,000 per unit but this is due to the fact that there are existing structures on all the parcels and land assemblages typically cost more. The other project costs listed above were found to be reasonable and within industry standards for the proposed type of redevelopment. The inclusion of affordable units in the project results in a loss of rental income. The loss is due to a difference between market rents and lower affordable rents. The estimated annual loss for the 30 proposed affordable units is approximately $280,000 or nearly $7 million over the next 25 years. Despite this loss, the Developer is able to maintain the project’s viability via upper market rate rents, use of tax exempt private activity bonds and Low Income Housing Tax Credits. Currently the tax exempt bonds provide value to the Developer in terms of (i) a lower cost of capital than other conventional alternatives, and (ii) more favorable underwriting parameters In addition, the tax credits generate additional equity from other investors that do not require a return on their investment since they receive the benefit from the tax credits they purchase/invest. The combination of the above help offset, although not fully mitigate, the impact of lower rent, affordable units making the project viable from the Developer’s perspective. Developer’s Request for Public Financing Assistance Bader Development submitted an application requesting $4 million in tax increment finance assistance to offset a portion of the $7.8 million of extraordinary costs* associated with redeveloping the subject site. Tax increment financing uses the increased future property taxes generated by a new development to finance certain qualified development costs incurred by that project for a limited period of time. Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 5 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project *Extraordinary costs are expenses encountered over and above those which a developer would typically expect to incur in a suburban development (e.g. asbestos removal, building demolition, contaminated soil removal and disposal, storage tank removal and disposal, shoring, utility replacement, specialized stormwater management, structured parking, etc.) Environmental investigations revealed that soil on the subject site is impacted with petroleum, lead, pesticides and polynuclear aromatic hydrocarbons (PAHs). Also impacting the soil is various fill debris including glass, brick, ash, concrete, wood and asphalt which varies in thickness from 3 feet (south side) to as deep as 15 feet (north side). Groundwater below the site is also impacted with petroleum compounds. The northern and western portions of the site were historically marshy areas as evidenced by the layers of peat identified in the soil borings completed on the site. In the 1940s and 1950s, it appears that these areas were contaminated due to urban fill material and debris deposited on the site. In addition there is evidence of underground storage tanks and timber piles treated with creosote on the site. During redevelopment, the site will be excavated to depths ranging from 10 to 20 feet below grade to construct one level of underground parking beneath the new building. Therefore, it is anticipated that significant amounts of impacted fill soil will be excavated and will necessitate special handling and disposal in accordance with MPCA requirements. The proposed project’s anticipated extraordinary costs are included in the $33,248,094 of Construction Costs above and are detailed below. To offset a portion of these qualified costs, Bader has applied for (or plans to apply for) a total of $2.1 million in contamination cleanup and TOD grants from DEED, the Metropolitan Council, and Hennepin County. To date, the project has been awarded a $430,000 TOD grant from Hennepin County. Subsequent grant awards could further reduce the agreed upon TIF amount. Extraordinary Cost Estimates AMOUNT ($) Investigation & RAP Development 60,000 Excavation & Disposal of Contaminated Soils 972,160 Asbestos Abatement and Building Removal 317,190 Installation of Shoring 63,750 Installation of Geopiers/piles 511,251 Removal/disposal of UST & Contaminated Fill Material 15,000 Stormwater Utilities 150,000 France Ave road improvements & trail extension 90,000 Bicycle/Pedestrian Amenities & Improvements 499,000 Construction of Structured Parking 5,125,000 TOTAL Extraordinary Costs $7,803,351 Pro Forma Analysis Bader Development’s preliminary sources and uses statements, cash flow projections, and investor rate of return (ROR) related to The Shoreham were reviewed by Staff and Ehlers. If no tax increment were provided, the project’s average expected cash-on-cash (COC) return on equity would be approximately 5.2 % to investors. According to Ehlers, the industry standard for COC returns for similar projects is ten (10) percent in order to raise equity and achieve financing. Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 6 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project When the project’s proforma includes $3,050,000 in pay-as-you-go tax increment assistance it is estimated the project would attain an average cash-on-cash (COC) return of approximately ten (10) percent. That level of assistance would overcome enough of the extraordinary site costs described above such that it allows the project to achieve a rate of return sufficient to attract the necessary equity capital to enable the project to move forward. If all the grants applied for were fully funded (unlikely), the net amount of TIF assistance provided to the project could be as low as $1,700,000. Therefore, the estimated amount of TIF assistance needed for the proposed project ranges between $1,700,000 and $3,050,000. The TIF assistance for The Shoreham is needed to offset a portion of the extraordinary expenses associated with the project and not to subsidize the loss in income associated with the project’s affordable units. It is important to note that when evaluating these types of developments, it is challenging to accurately estimate a project’s precise rate of return upon project stabilization. The objective is to assemble, within certain parameters, a proforma that provides a comfort level to all those investing in the project. Consistent with other recent redevelopment projects with which the EDA has been involved, a "look back" provision would be incorporated into the redevelopment contract with Bader Development. Per the contract, the Redeveloper would be required to submit a final proforma detailing the actual financial performance of the project. The look back provision establishes a cap on the return that the Developer earns on a cash-on-cash basis, once the project reaches stabilized income. The cap is essentially an industry standard for similar projects. The look back provision ensures that if the project cash flows at a higher rate than currently estimated, the EDA shares economically in the success of the project by reducing the amount of TIF assistance provided. Providing tax increment financing assistance to The Shoreham makes it possible to construct a high quality project consistent with the Comprehensive Plan, bring the subject properties to optimal market value and create new employment opportunities as well as provide the community with additional affordable housing units. The proposed amount of TIF assistance is in-line with other developments the EDA has previously assisted. As a reminder, the tax increment would be generated by the project itself and would only be provided once construction had been completed and the developer verifies that it had incurred the specified qualified costs. The assistance would be paid over 9 years provided sufficient tax increment from the project was available. The EDA would be obligated to provide assistance to the project only to the extent that the project generates sufficient tax increment to make the bi-annual payments. TIF Note If the Council desires to move forward with the proposed redevelopment, Staff and Ehlers is recommending providing Bader Development a pay-as-you-go TIF Note in an amount up to $3,050,000 to enable The Shoreham project to reach financial viability and attain the above return. It will take approximately one year to construct the proposed project. The first increment would be paid in 2017. Given current estimates of market value, it is projected that the project’s TIF Note would be paid off in approximately 9 years (on a net present value basis). The Note would terminate with final payment on February 1, 2026 although the City may wish to keep the District open longer in order to help fund road improvements in the area. The proposed project would be financed on a "pay-as-you-go" basis, which is the desired financing method under the City's TIF Policy. The Note would bear interest at 4%, which is the redeveloper’s proposed bank financing rate for the project. The size of the TIF Note is based upon no inflationary value in the project (as with all projects). This is more conservative estimating and thus it is anticipated that the pay-as-you-go note will likely be paid off earlier than the estimated 9 years. As with most of Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 7 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project the City’s redevelopment contracts, the Developer will be required to execute a Minimum Assessment Agreement for the value utilized for projecting the amount of TIF assistance available. TIF District The subject site is within the City’s Redevelopment Project Area which is the portion of the city where the EDA may establish TIF districts. No TIF district currently exists for the subject site thus, if tax increment assistance were provided to the proposed project, a new Redevelopment TIF District would need to be established. In order to determine if the subject site qualified as a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, consulting firm LHB was retained to conduct a TIF district feasibility analysis. After inspecting and evaluating the subject properties and applying current statutory criteria, LHB concluded in its report that the proposed TIF district qualifies as a Redevelopment District based on the following findings: • The proposed TIF District has a coverage calculation of 100 percent which is above the 70 percent requirement. • 60 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed. The proposed Shoreham TIF District would include five parcels: 3907 Highway 7, 3915 Highway 7, 3031 Glenhurst Ave. 3914 31st St. and 3918 31st St. Such a TIF district would allow up to 26 years of tax increment. Property Value and Taxes The total combined taxable market value of the properties proposed to be redeveloped is under $2.5 million. The total taxable market value of The Shoreham upon construction completion is estimated at $32.6 million. Most of the new value would be captured as tax increment and used to make payments on the TIF Note until it is paid off and the TIF district is terminated. It is estimated that The Shoreham would generate over $492,000 annually in gross tax increment. The City, County and School District would continue to receive the property taxes collected on the subject site’s base value. The project is estimated to generate a total of $730,795 in total property taxes. Once the TIF Note is retired the additional property taxes generated by the project would accrue to the local taxing jurisdictions. Upon termination of the TIF Note, it is estimated that the City’s portion of the project’s total property taxes will be approximately $533,284. It should be noted that the value of the project could be much higher than the estimated $32.6 million once it is assessed for tax purposes. This was a conservative value utilized only for estimating the amount of TIF the project would generate. If the value at the time of completion is higher than the estimated amount, the principal amount of the TIF Note does not increase. The only impact would be that the TIF Note would likely be paid back sooner than the anticipated nine (9) years and local taxing jurisdictions would receive the benefit of having the full value for tax purposes sooner than anticipated. Conformance and Analysis under the City’s TIF Policy The Shoreham project meets the following Minimum Qualifications as outlined in the City’s TIF Policy: Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 8 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project • Promotes neighborhood stabilization and revitalization by the removal of blight and the upgrading of existing housing stock. • Provides a balanced and sustainable housing stock to meet diverse needs both today and in the future. • The project is consistent with the City’s Comprehensive Plan and Zoning Ordinances. • The Developer has demonstrated that the proposed project is not financially feasible “but-for” the use of tax increment financing. • The Developer has a proven track record of successful real estate development performance and has demonstrated the capability to fully complete the project as proposed. The proposed project meets the following “Desired Qualifications” as outlined in the TIF Policy: • Creates a substantially higher ratio of property taxes paid before and after redevelopment and provides a significant increase in taxable market value. • Facilitates new construction on a site which would not be redeveloped without such assistance. • Cleans up contaminated property. • Redevelops underutilized property. • Creates a high quality building (e.g. sound architectural design, quality construction and materials) • Retains jobs and creates new employment opportunities. In addition to the above, the proposed project would have the following additional benefits: • Intensifies the subject site and makes optimal use of the property with an attractive mixed-use development that is walkable and human-scale. • Complements, integrates with, and strengthens the surrounding neighborhood. • Further increases and diversifies the housing options available in the St. Louis Park market. • Incorporates affordable housing. • Incorporates Green Building design and features. • Lies within a Priority Redevelopment Study Area as identified in the City’s Comprehensive Plan. • Incorporates Livable Communities and Transit Oriented Design principles. • Located along an existing transit route and between two future SWLRT station areas. Grading under Project Report Card The TIF application for The Shoreham project was graded according to the Project Report Card provided within the City’s TIF Policy. The application was graded as follows: • Promotes housing for large families. The residential units in the development will cater to the demands of the market which is for smaller units. No 3-bedroom or larger units are proposed to be included in the project’s unit mix. Since 0% of the units could accommodate large families a grade of “F” was provided. • Provides economic integration of rental or ownership projects. Of the proposed 150 apartment units, 30 (or 20%) would be designated as affordable; therefore a grade of “B” was provided. Special Study Session Meeting of June 1, 2015 (Item No. 1) Page 9 Title: Bader Development’s Application for Tax Increment Financing (TIF) Assistance – The Shoreham Project • Ratio of soft costs to Total Project Costs. Soft costs of the total project were estimated at approximately $5.7 million. Since this is less than 15% of the total development costs, a grade of “A” was provided. • Ratio of private to public (TIF) financing. $44.5 million in private development costs to $3.05 million in TIF which equals a $14.6 private / $1 public ratio which garnered an “A” on the scale. • The value of the site before and after redevelopment The total taxable market value of the subject redevelopment site is less than $2.5 million. The projected market value upon redevelopment is: $32.6 million. This is a ratio of $1:$13 which garnered an “A” on the scale. The proposed project received bonus points for: assembling all the properties required for the redevelopment, redeveloping blighted/contaminated property, being part of a mixed-use development, adding value to the neighborhood, incorporating livable communities and LEED principles, will likely stimulate further investment in the surrounding neighborhood, being located in one of the City’s Redevelopment Study Areas, and having a positive community impact. Upon calculation of all applicable factors and bonus points, Bader’s proposed Shoreham project received a final grade of “B+” according to the Project Report Card within the TIF Policy. Conformance with the City’s Business Subsidy Policy Any TIF assistance provided The Shoreham project would be exempt from state business subsidy requirements as it relates to housing, pollution control/abatement, and redevelopment (Section 116J.993, Subdivision 3). Therefore, no public subsidy hearing would be required; however, the EDA would still be subject a modified reporting requirements. Summary Bader’s proposed Shoreham project meets the City’s objectives for the provision of Tax Increment Financing as specified in the City’s TIF Policy. As noted above, the project meets nearly all the Minimum and Desired Qualifications for providing TIF assistance and received a final grade of “B+” according to the Project Report Card within the TIF Policy. Furthermore, it has been demonstrated that the proposed project is not financially viable but for the provision of tax increment financing. Given these findings, Staff supports reimbursing Bader Development for qualified costs up to $3,050,000 in pay-as-you-go tax increment generated by The Shoreham project so as to allow the redevelopment to proceed. NEXT STEPS: As with all such TIF applications it is at the EDA’s discretion as to whether it wishes to provide financial assistance at the proposed level. If the EDA supports providing tax increment to The Shoreham project as proposed, Staff would begin negotiating business terms for the provision of the assistance. Such terms would be brought back to the EDA for its review at a subsequent study session and would be incorporated into a Redevelopment Contract requiring formal approval. Staff would also begin the process of formally establishing the proposed TIF district; the vehicle through which the assistance would be provided. The first step of which would be to call for a public hearing date. This could be scheduled as early as June 15th. Meeting: Economic Development Authority Meeting Date: June 1, 2015 Minutes: 3a UNOFFICIAL MINUTES ECONOMIC DEVELOPMENT AUTHORITY ST. LOUIS PARK, MINNESOTA MAY 18, 2015 1. Call to Order President Mavity called the meeting to order at 7:23 p.m. Commissioners present: President Anne Mavity, Tim Brausen, Steve Hallfin, Jeff Jacobs, Gregg Lindberg, Susan Sanger, and Jake Spano. Commissioners absent: None. Staff present: Executive Director (Mr. Harmening), Economic Development Coordinator (Mr. Hunt), and Recording Secretary (Ms. Hughes). 2. Roll Call 3. Approval of Minutes 3a. Economic Development Authority Meeting Minutes May 4, 2015 The minutes were approved as presented. 4. Approval of Agenda The agenda was approved as presented. 5. Reports - None 6. Old Business - None 7. New Business 7a. Authorization to Submit Applications for Environmental Grant Funds from Hennepin County ERF, DEED Cleanup, and Metropolitan Council TBRA Programs Related to The Shoreham Project. EDA Resolution No. 15-07, No. 15-08, and No. 15-09. Mr. Hunt presented the staff report and advised that the developer recently discovered that the soil is impacted with contamination including petroleum and lead as well as various materials including asphalt and concrete, which varies in thickness from 3’-15’. He stated there is also evidence of underground storage tanks and timber treated with creosote and it is anticipated that a significant amount of soil will need to be excavated to depths between 10’-20’ and will require special handling and disposal. He stated the cost to clean up the site is in excess of $1.9 million and the developer is seeking contamination grants totaling approximately $1.4 million through the Metropolitan Economic Development Authority Meeting of June 1, 2015 (Item No. 3a) Page 2 Title: Economic Development Authority Meeting Minutes of May 18, 2015 Council, Hennepin County and the DEED and all three agencies require separate a authorizing resolution indicating support of the project. He noted there are no City funds involved with the Hennepin County grant or the Metropolitan Council grant and the DEED grant requires a 25% local match, which in this case is being covered by the developer and the developer plans to include those costs in its TIF application. It was moved by Commissioner Sanger, seconded by Commissioner Spano, to adopt EDA Resolution No. 15-07 Approving a Grant Application to the Department of Employment and Economic Development and Approving Local Matching Funds on behalf of The Shoreham. The motion passed 7-0. It was moved by Commissioner Hallfin, seconded by Commissioner Spano, to adopt EDA Resolution No. 15-08 Authorizing Application for the Metropolitan Council Tax Base Revitalization Account on behalf of The Shoreham. The motion passed 7-0. It was moved by Commissioner Sanger, seconded by Commissioner Brausen, to adopt EDA Resolution No. 15-09 Authorizing Application for a Grant from Hennepin County’s Environmental Response Fund on behalf of The Shoreham. The motion passed 7-0. 7b. Preliminary Development Agreement between the EDA, the City, and PLACE. EDA Resolution No. 15-10. Mr. Hunt presented the staff report and stated the City was awarded a $100,000 Met Council Livable Communities Pre-Development Grant that included design work and preparation of market studies, as well as financial pro forma for the project and the appropriate next step is to enter into a Preliminary Development Agreement in order to formalize the parties’ obligations with respect to further defining the project. He explained that PLACE needs formal permission to access the properties to conduct its due diligence and the Preliminary Development Agreement provides an outline for applying for land use and zoning changes and financing assistance; in addition, the Preliminary Development Agreement provides PLACE with exclusive rights to negotiate acquisition of the properties with the City in order to provide PLACE’s potential funders with assurance of its ability to secure the property. He stated the Preliminary Development Agreement would terminate if a Redevelopment Contract is not approved by February 29, 2016, or sooner by mutual agreement. He noted that by approving the Preliminary Development Agreement, the EDA is agreeing to formally work with PLACE but does not agree to any particular concept plan at this time. Commissioner Sanger stated she would be voting against this and would provide her reasons during the regular City Council meeting. Economic Development Authority Meeting of June 1, 2015 (Item No. 3a) Page 3 Title: Economic Development Authority Meeting Minutes of May 18, 2015 It was moved by Commissioner Brausen, seconded by Commissioner Spano, to adopt EDA Resolution No. 15-10 Approving Preliminary Development Agreement between the St. Louis Park Economic Development Authority, the City of St. Louis Park, and PLACE. The motion passed 6-1 (Commissioner Sanger opposed). 8. Communications - None 9. Adjournment President Mavity adjourned the meeting at 7:33 p.m. ______________________________________ ______________________________________ Secretary President Meeting: Economic Development Authority Meeting Date: June 1, 2015 Action Agenda Item: 7a EXECUTIVE SUMMARY TITLE: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project RECOMMENDED ACTION: Motion to Adopt EDA Resolution Authorizing the Issuance of a Tax Increment Revenue Note, Series 2015 to Ellipse II LLC. POLICY CONSIDERATION: Does the EDA ratify the finding that the conditions required for the issuance of the proposed $686,195 TIF Revenue Note to Ellipse II LLC related to the e2 project have been met? SUMMARY: On February 6, 2012, the EDA entered into a Purchase and Redevelopment Contract with Ellipse II LLC (Bader Development and “Redeveloper”) in which the Redeveloper committed to purchase the subject property from the EDA, remediate the existing contamination and prepare the property for redevelopment. Bader was then to construct the second phase of its Ellipse on Excelsior redevelopment project next door - an upscale apartment building called “e2”. The 5 story structure was to include 58 market rate units and underground structured parking In order to make the project financially feasible, the EDA agreed in the Contract to reimburse the Redeveloper up to $700,000 of the qualified costs associated with site preparation (contamination cleanup) and underground structured parking (collectively referred to as “Public Redevelopment Costs”) related to the Redevelopment Property. Within the Contract, the EDA agreed to issue a TIF Revenue Note to the Redeveloper in the maximum principal amount of $700,000. The Contract states that the TIF Note would be issued when the Redeveloper had submitted to the EDA, and the EDA certified, that the required Public Redevelopment Costs were actually incurred by the Redeveloper. The e2 project was completed in August 2013. Staff has reviewed the Public Redevelopment Costs submitted by the Redeveloper and has verified that the Redeveloper incurred more than sufficient certified Public Redevelopment Costs during construction of the project to warrant issuance of the Note. The project reached 95% occupancy in late 2014 and this triggered the “Lookback” provision under the Contract. During the Lookback analysis it was determined that the project’s Internal Rate of Return (IRR) exceeded the percentage projected in the Contract. Therefore, it was concluded that the principal amount of the TIF Note should be reduced by $13,805 to $686,195 resulting in a shorter payoff period. Given that the Redeveloper has met the required conditions under the Contract for the issuance of the Note, and the Note has been properly sized, the EDA is being asked to formally approve the issuance of the TIF Note. FINANCIAL OR BUDGET CONSIDERATION: Issuance of the TIF Note to Ellipse II LLC will not require any cash payments from the EDA or City. All costs associated with issuance of the Note (Kennedy & Graven and Ehlers) are paid from gross proceeds of the tax increment. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Resolution of Approval Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, EDA Executive Director and City Manager Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 2 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project Initial CASH Sale Total Years Year Investment Flow Price Cash Flow 2011 (2,900,000)(2,900,000) 1 2013 146,099 146,099 2 2014 438,126 438,126 3 2015 294,201 294,201 4 2016 323,933 323,933 5 2017 354,562 354,562 6 2018 386,118 386,118 7 2019 407,324 407,324 8 2020 440,474 440,474 9 2021 474,623 474,623 10 2022 398,642 8,196,812 8,595,455 Total (2,900,000) 3,664,102 8,196,812 8,960,914 18.95% INTERNAL RATE OF RETURN ANALYSIS - EQUITY PARTNERS DISCUSSION BACKGROUND: On February 6, 2012, the EDA entered into a Purchase and Redevelopment Contract with Ellipse II LLC (Bader Development and “Redeveloper”) in which the Redeveloper committed to purchase the property located at 3924 Excelsior Blvd from the EDA, remediate the existing contamination and prepare the property for redevelopment. Bader was then to construct the second phase of its Ellipse on Excelsior redevelopment project - an upscale apartment building called “e2”. The 5 story structure was to include 58 market rate units and underground structured parking In order to make the project financially feasible, the EDA agreed in the Contract to reimburse the Redeveloper up to $700,000 of the qualified costs associated with site preparation (contamination cleanup) and underground structured parking (collectively referred to as “Public Redevelopment Costs”) related to the Redevelopment Property. Within the Contract, the EDA agreed to issue a TIF Revenue Note to the Redeveloper in the maximum principal amount of $700,000. The Contract stated that the TIF Note would be issued when the Redeveloper had submitted to the EDA, and the EDA certified, that the required Public Redevelopment Costs were actually incurred by the Redeveloper. The e2 project was completed in August 2013. Staff has reviewed the Public Redevelopment Costs submitted by the Redeveloper and has verified that the Redeveloper incurred more than sufficient certified Public Redevelopment Costs during construction of the project to warrant issuance of the Note. The Contract also stated that the financial assistance provided to the Redeveloper would be subject to a “Lookback” review upon the building reaching 93% leaseup. The amount by which the Internal Rate of Return (IRR) exceeded eighteen percent (18%) would be considered Excess Income. If the EDA determined that there was Excess Income, it would apply fifty percent (50%) of that amount toward prepayment of the outstanding principal amount of the TIF Note. The project reached 95% occupancy in late 2014. As a result, the Redeveloper was required to submit cash flow information on the project which the Redeveloper recently provided. Upon review, the project’s IRR was calculated as follows: As indicated in the table above, it was determined that the IRR exceeded 18%. The excess percent is .95% and this percent, multiplied by the Redeveloper’s equity is called the Participation Amount, of which 50% of this amount goes to reduce the principal amount of the TIF Note: Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 3 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project The original principal amount of the TIF Note was to be $700,000 and was expected to take 19 years to pay off. As a result of above analysis, it was concluded that the principal amount of the Note should be reduced by $13,805 to $686,195. Due to higher than anticipated property valuations for the project, the Note is now expected to be paid off in 7.5 years. Given that the Redeveloper has met the required conditions under the Contract for the issuance of the TIF Note, and the Note has now been properly sized, the EDA is being asked to formally approve the issuance of the Note to the Redeveloper. The proposed Note will be issued to Ellipse II LLC in the maximum principal amount of $686,195 and will be secured by available tax increment generated from the improved subject property located within the existing Ellipse Tax Increment Financing District. The Note will be “pay-as-you-go” which is the desired financing method under the City's TIF Policy. The Note will bear interest at a rate of 5.6%, and will have a term of approximately 8 years. The initial payment is scheduled for August 1st. The final payment is projected to be made on Feb.1, 2023. Consistent with the City’s TIF Policy, Fiscal Disparities will be taken from inside the district. A 5% administrative fee will be charged to the District which is the EDA’s typical rate. To secure the Note, the Redeveloper signed a Minimum Assessment Agreement which indicates that the minimum market value of the project shall be $6,380,000 as of January 2, 2014. The subject property’s current assessed value is $10,440,000. The EDA acknowledges that the Redeveloper may assign the Note to third parties. The EDA consents to such an assignment, conditioned upon receipt of an investment letter from such third parties in a form reasonably acceptable to the EDA. The Redeveloper acknowledged in the Redevelopment Contract that the EDA makes no representations or warranties regarding the amount of Tax Increment, or that revenues pledged to the Notes will be sufficient to pay the principal and interest on the Notes. Given that the Redeveloper has met the required conditions under the Contract for the issuance of the Note, and the Note has been properly sized, Staff and the EDA’s attorney recommend adoption of the proposed resolution authorizing the issuance of a Tax Increment Revenue Note, Series 2015 to Ellipse II LLC. Repayment Calculation Developer Equity 2,900,000$ Allowed IRR 18.00% Excess IRR 0.95% Participation Amount 27,611$ 50% (Note Reduction)13,805$ Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 4 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project AUTHORIZING RESOLUTION ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 15-____ RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTE TO ELLIPSE II LLC BE IT RESOLVED BY the Board of Commissioners ("Board") of the St. Louis Park Economic Development Authority, St. Louis Park, Minnesota (the "Authority") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and the City of St. Louis Park have heretofore approved the establishment of its Ellipse on Excelsior Tax Increment Financing District (the "TIF District") within Redevelopment Project No. 1 ("Project"), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its Tax Increment Revenue Note, Series 2015 (the "Note") for the purpose of financing certain Public Redevelopment Costs of the Project. 1.02. Issuance, Sale, and Terms of the Note. (a) The Authority hereby authorizes the President and Executive Director to issue the Note in accordance with the Purchase and Redevelopment Contract dated as of February 6, 2012, between the Authority and Ellipse II LLC, and approved on February 6, 2012 by the Authority, as amended by a First Amendment thereto dated August 20, 2012 (as so amended, the “Agreement”). All capitalized terms in this resolution have the meaning provided in the Agreement unless the context requires otherwise. (b) The Note shall be issued in the aggregate principal amount of $686,195 to Ellipse II LLC (the "Owner") in consideration of certain eligible costs incurred by the Owner under the Agreement, shall be dated August 1, 2015, and shall bear interest at the rate of 5.6% per annum from the date of issue to the earlier of maturity or prepayment. The principal amount of the Note represents the principal amount of Public Redevelopment Costs submitted and approved in accordance with Section 3.8 of the Agreement, as adjusted pursuant to the lookback provisions of Section 3.9 of the Agreement. The Note is secured by Available Tax Increment, as further described in the form of the Note herein. Section 2. Form of Note. The Note shall be in substantially the following form, with any blanks to be properly filled in as of the date of issue: Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 5 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project (The remainder of this page is intentionally left blank.) Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 6 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $686,195 TAX INCREMENT REVENUE NOTE SERIES 2015 Date Rate of Original Issue 5.6% August 1, 2015 The St. Louis Park Economic Development Authority (“Authority”) for value received, certifies that it is indebted and hereby promises to pay to Ellipse II LLC or registered assigns (the "Owner"), the principal sum of $686,195 and to pay interest thereon at the rate of 5.6% per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall have the meanings provided in the Purchase and Redevelopment Contract between the Authority and the Owner, dated as of February 6, 2012, as amended by the First Amendment thereto dated August 20, 2012 (the "Agreement"), unless the context requires otherwise. 1. Payments. Principal and interest ("Payments") shall be paid on August 1, 2015 and each February 1 and August 1 thereafter to and including February 1, 2023 ("Payment Dates") in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon 30 days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. (a) Payments on this Note are payable on each Payment Date solely from and in the amount of Available Tax Increment, which shall mean 95% of the Tax Increment attributable to the Minimum Improvements and Redevelopment Property that is paid to the Authority by Hennepin County in the six months preceding each Payment Date on the Note. (b) The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment. The Authority shall have no obligation to pay any unpaid balance of principal or accrued interest that may remain after the final Payment on February 1, 2023. Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 7 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project 4. Default. If on any Payment Date there has occurred and is continuing any Event of Default under the Agreement, the Authority may withhold from payments hereunder under all Available Tax Increment. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid, without interest thereon, within 30 days after the Event of Default is cured. If the Event of Default is not cured in a timely manner, the Authority may terminate this Note by written notice to the Owner in accordance with the Agreement. 5. Prepayment. (a) The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular Payment otherwise required to be made under this Note. (b) As of the date hereof, the Owner has received the Authority’s written statement of the Participation Amount as described in Section 3.9 of the Agreement, and fifty percent of such Participation Amount has been applied to adjust the maximum authorized principal amount of this Note. No further deemed prepayments pursuant to Section 3.9 of the Agreement will be made. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $686,195, issued to aid in financing certain public redevelopment costs and administrative costs of a Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.001 through 469.047, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the Authority on June 1, 2020, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, as amended. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. Except as otherwise provided in Section 3.8(d) of the Agreement, this Note shall not be transferred to any person or entity, unless the Authority has provided written consent to such transfer and the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 8 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the St. Louis Park Economic Development Authority have caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY Executive Director President Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 9 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed below. Date of Signature of Registration Registered Owner____ City Finance Director Ellipse II LLC Federal Tax I.D. No. _____________ Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 10 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 11 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for the TIF District upon the termination of the Note in accordance with its terms. 4.03. Additional Obligations. The Authority will issue no other obligations secured in whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the pledge on the Note. Economic Development Authority Meeting of June 1, 2015 (Item No. 7a) Page 12 Title: Issuance of TIF Revenue Note to Ellipse II LLC – e2 Project Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Effective Date. This resolution shall be effective upon approval. Reviewed for Administration: Adopted by the Economic Development Authority on June 1, 2015 Executive Director President Attest Secretary Meeting: City Council Meeting Date: June 1, 2015 Presentation: 2a EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and give thanks and appreciation for the following donation being accepted at the meeting and listed on the Consent Agenda: From Amount For Paul Reshke Value $1000 A Purple Martin House to be installed and monitored at Westwood Hills Nature Center. Chelsey Bahe Value $30 A Nature Play Sign to be posted at the Nature Play area at Westwood Hills Nature Center. Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: June 1, 2015 Presentation: 2b EXECUTIVE SUMMARY TITLE: Citizens Independent Bank 65 Year Anniversary Recognition RECOMMENDED ACTION: Mayor is asked to recognize Citizens Independent Bank on their 65 Year Anniversary. POLICY CONSIDERATION: None at this time. SUMMARY: For 65 years, Citizens Independent Bank (CIB) has dedicated itself to serving the community of St. Louis Park and our residents. The bank has always been active in the business community, providing sponsorship and volunteer leadership to the TwinWest Chamber of Commerce, a variety of Rotary Clubs and other business events. The Citizens Independent Bank Community Foundation provides financial support through charitable donations to non-profit organizations in St. Louis Park that help create and sustain a healthy community. Oct. 1949 Chartered as Citizens State Bank. Jan. 1950 Opened for business at 5001 Excelsior Boulevard as St. Louis Park’s first bank. Aug. 1973 Moved across the street to 5050 Excelsior Boulevard. Dec. 1979 Opened a second office in the northeast section of St. Louis Park. May 1980 Chair of the board Connie Bakken purchased Citizens Bank. Oct. 1991 Citizens State Bank of St. Louis Park became Citizens Independent Bank. July 1998 Connie Bakken’s son Brad Bakken elected president/CEO. Oct. 2004 Moved St. Louis Park headquarters and centralized all SLP staff to 5000 West 36th Street. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: June 1, 2015 Minutes: 3a UNOFFICIAL MINUTES SPECIAL CITY COUNCIL MEETING CLOSED EXECUTIVE SESSION ST. LOUIS PARK, MINNESOTA MAY 18, 2015 Mayor Jacobs called the meeting to order at 6:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Susan Sanger, and Jake Spano. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Director of Operations and Recreation (Ms. Walsh) and Senior Planner (Mr. Walther) 1. Closed Session to Discuss the Acquisition of 40th Street & France Avenue Property The City Council met in closed executive session to discuss the acquisition of the property located at 40th Street & France Avenue owned by the City of Minneapolis. Mayor Jacobs adjourned the meeting at 7:18 p.m. ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License – STEP RECOMMENDED ACTION: Motion to Approve a Temporary On-Sale Intoxicating Liquor License for STEP at 6812 West Lake Street for June 18, 2015. POLICY CONSIDERATION: None. All ordinance requirements have been met. BACKGROUND: STEP has made application for a Temporary On-Sale Intoxicating Liquor License for their volunteer appreciation event to be held on Thursday, June 18, 2015 from 5:00 to 9:00 pm. STEP’s mission is to strengthen our community by responding to the basic emergency needs of individuals and families in St. Louis Park The Police Department has completed the background investigation on the principals and has found no reason to deny the temporary license. The applicant has met all requirements for issuance of the license, and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: The fee for a temporary liquor license is $100 per day of the event. VISION CONSIDERATION: Not Applicable. SUPPORTING DOCUMENTS: None Prepared by: Kay Midura, Office Assistant – City Clerk’s Office Reviewed by: Melissa Kennedy, City Clerk Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: 2nd Reading of Easement Vacation Westside Center – 5320 West 23rd Street RECOMMENDED ACTION: Motion to approve the second reading and Adopt Ordinance vacating public utility easements at 5320 West 23rd Street, and authorize summary publication. POLICY CONSIDERATION: Are the utility easements to be vacated needed for a public purpose? SUMMARY: Westside Center is located at 5320 West 23rd Street. COB, LLC (Owner) is in the process of completing a major renovation of the former Nestle/Novartis site into a multi-tenant office/industrial building which began in early 2014. Currently, over 83% of the 250,000 square foot building has been leased to nine tenants. The Owner proposes to build an expansion to the building to provide cold storage and outdoor storage. A proposed building addition includes relocation of utilities, reconfiguration of parking, and grading work for stormwater management. To facilitate the expansion, certain easements need to be vacated. The applicant is requesting the vacation of utility easements that will no longer be needed when the utilities are relocated. The site will still retain the 10 foot easements along the property lines. The proposed vacation does not affect any City utilities, as the existing utilities are private and only service the Westside Center. The applicant is working with private utility companies to relocate their utilities currently located in the easements to be vacated. City Staff recommends the approval of the Second Reading of the Ordinance with a condition that the Ordinance become effective when the City has verified the relocation of the utilities. On May 18th, the City Council held a public hearing and approved the First Reading of the Ordinance for the vacation. Next Step: The Ordinance will be effective once utilities have been relocated and verified by the City, and not less than 15 days following publication. SUPPORTING DOCUMENTS: Draft Ordinance Summary of Ordinance Site Location Map Site Plan Easement Map Prepared by: Alex Boyce, Community Development Intern Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4b) Page 2 Title: 2nd Reading Easement Vacation Westside Center – 5320 West 23rd Street ORDINANCE NO.____-15 AN ORDINANCE VACATING EASEMENTS 5320 West 23rd Street THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the public storm sewer, water main, drainage and utility easements proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on May 7, 2015 and the City Council has conducted a public hearing upon said petition and has determined that the storm sewer, water main, drainage and utility easements are not needed for public purposes, and that it is in the best interest of the public that said easements be vacated. Section 2. The following described public storm sewer, water main, drainage and utility easements as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated: PARCEL 1: Lot 1, Block 1, Novartis Addition, except that part thereof embraced within the plat of Ridge Addition, also except that part of the most northwesterly 80 feet of said Lot 1 lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Torrens Property, Certificate of Title No.1057969) PARCEL 2: That part of Lot 1, Block 1, Novartis Addition, embraced within the plat of Ridge Addition; and that part of the most northwesterly 80 feet of said Lot 1, lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Abstract property) Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Sec.4. This Ordinance shall take effect fifteen days after its publication. Public Hearing May 18, 2015 First Reading May 18, 2015 Second Reading June 1, 2015 Date of Publication June 11, 2015 Date after which Ordinance may take effect June 26, 2015 Reviewed for Administration Adopted by the City Council City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of June 1, 2015 (Item No. 4b) Page 3 Title: 2nd Reading Easement Vacation Westside Center – 5320 West 23rd Street ORDINANCE NO.____-15 AN ORDINANCE VACATING PUBLIC EASEMENTS 5320 West 23rd Street This ordinance states that certain public storm sewer, water main, drainage and utility easements are vacated. This ordinance shall take effect upon the relocation of existing utilities, and not less than fifteen days after its publication. Adopted by the City Council June 1, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 City Council Meeting of June 1, 2015 (Item No. 4b) Page 4 Title: 2nd Reading Easement Vacation Westside Center – 5320 West 23rd Street XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X X XXXXXXX X X X X X X X XXXXXXXXXXXXXXXST. LOUIS PARK, MNPIERCE PINI & ASSOCIATES DEFPOINTS City Council Meeting of June 1, 2015 (Item No. 4b) Title: 2nd Reading Easement Vacation Westside Center – 5320 West 23rd Street Page 5 City Council Meeting of June 1, 2015 (Item No. 4b) Title: 2nd Reading Easement Vacation Westside Center – 5320 West 23rd Street Page 6 Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries RECOMMENDED ACTION: Motion to approve the second reading and Adopt Ordinance amending City Code Sec. 3-57 to increase the maximum number of barrels of malt liquor able to be produced annually, and Adopt Ordinance amending Business Park and Industrial Park Zoning Districts pertaining to breweries, and to approve the summary ordinances for publication. POLICY CONSIDERATION: Does the City Council support the liquor ordinance and zoning text amendment to increase the production capacity for breweries? SUMMARY: Steel Toe Brewery is requesting an amendment to the Zoning Ordinance to increase the maximum amount of malt liquor a brewery can produce from 3,500 barrels per year to 20,000 barrels per year in the Business Park (BP) and Industrial Park (IP) Zoning Districts. In order to keep the production limits for breweries consistent throughout the code, an amendment is also required to the current liquor licensing provisions contained in City Code Sec. 3-57(13) and City Code Sec. 3-57(14). Current liquor and zoning regulations limit the maximum production capacity to 3,500 barrels per year. This maximum was consistent with the limits established by Minnesota Statutes regulating breweries for off-site sales and taprooms. MN Statutes, however, were recently amended to increase the maximum production capacity from 3,500 barrels per year to 20,000 barrels per year for breweries with off-sale malt liquor sales. Council Action: On May 18, 2015, the City Council approved the first reading of ordinances to the liquor and zoning ordinances, and set the second reading for June 1, 2015. VISION CONSIDERATION: None. SUPPORTING DOCUMENTS: Discussion Ordinance Amending City Code Chapter 3, Sec. 57 Summary Ordinance Ordinance Amending City Code Chapter 36, Sec. 233 Summary Ordinance Letter from Jason Schoneman, Founder, Steel Toe Brewery Prepared by: Gary Morrison, Assistant Zoning Administrator Melissa Kennedy, City Clerk Reviewed by: Sean Walther, Senior Planner Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4c) Page 2 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries DISCUSSION ANALYSIS: Steel Toe Brewing has been operating as a small craft brewery since 2011. Jason Schoneman, owner of Steel Toe Brewing, anticipates he will need to produce more than 3,500 barrels per year in the coming years to fulfill increasing demands for his product and would like the City to establish production limits that are consistent with what is allowed by State law. PROPOSED ZONING AMENDMENT: The proposed amendment increases the maximum production capacity for Breweries in the Business Park and Industrial Park zoning districts from 3,500 barrels per year to 20,000 barrels per year. IMPACT: The Applicant states that the increase in production is not significant enough to noticeably change the amount of truck traffic coming to and from the site. All liquor produced is sold to a distributor, not directly to individual end users (restaurants and liquor stores), therefore, there are a limited number of trucks coming to the site. Since Steel Toe is only producing 3,500 barrels per year, the distributor’s trucks are leaving the site with a partial load. If production is increased to 20,000 barrels per year, the same trucks will simply leave with a bigger delivery. While Steel Toe is currently the only brewery in St. Louis Park, the proposed change would apply to any new brewery to locate in the Business Park and Industrial Park zoning districts. St. Louis Park has one brewery (Steel Toe) operating a taproom and selling malt liquor for off- site consumption. Steel Toe is located in the Beltline Industrial Park at 4848 35th Street W, which is zoned Business Park. Planning Commission Action: On April 15, 2015, the Planning Commission held a public hearing for the requested zoning amendment. No one was present to speak, and the Planning Commission recommended approval (4-0) of the attached ordinance. City Council Meeting of June 1, 2015 (Item No. 4c) Page 3 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries ORDINANCE NO. ____-15 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 3, SECTION 57 OF THE ST. LOUIS PARK CITY CODE INCREASING PRODUCTION CAPACITY FOR BREWER OFF-SALE MALT LIQUOR LICENSES AND BREWER TAPROOM LICENSES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 3 is amended as follows: ARTICLE II. SALE, CONSUMPTION AND DISPLAY DIVISION 2. LICENSES *** Sec. 3-57. Classifications. *** (13) Brewer off sale malt liquor license. A brewer who has a license from the Commissioner of Public Safety to brew 3,500 20,000 barrels of malt liquor per year may with the approval of the Commissioner of Public Safety be issued a license by the City for off-sale of malt liquor subject to the following conditions: a. The malt liquor sold off-sale must be produced and packaged on the licensed premises. b. Off-sale of malt liquor shall be limited to the legal hours for off-sale pursuant to section 3-105. c. The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly known as “growlers” or in 750 milliliter bottles and shall have the following requirements for packaging: 1) The containers or bottles shall bear a twist type closure, cork, stopper or plug. 2) At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container or bottle and extend over the top of the twist type closure, cork, stopper or plug forming a seal that must be broken upon opening of the container or bottle. 3) The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. 4) The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. City Council Meeting of June 1, 2015 (Item No. 4c) Page 4 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries *** (14) Brewer taproom license. A brewer who has a license from the Commissioner of Public Safety to brew up to 3,500 20,000 barrels of malt liquor per year may be issued a license by the City for on-sale of malt liquor subject to the following conditions: a. The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises b. No other beverages containing alcohol may be sold or consumed on the licensed premises c. A brewer may only have one taproom license. d. Hours of operation for on-sale of malt liquor at a brewer taproom shall be within the following hours: Monday - Thursday 3:00 p.m. – 8:00 p.m. Friday 3:00 p.m. – 10:00 p.m. Saturday 11:00 a.m. – 10:00 p.m. Sunday 11:00 a.m. – 8:00 p.m. Federally Recognized Holidays 11:00 a.m. – 10:00 p.m. e. A restaurant is not allowed at a brewery with a taproom license. *** SECTION 2. This Ordinance shall take effect fifteen days after its passage and publication. Public Hearing April 15, 2015 First Reading May 18, 2015 Second Reading June 1, 2015 Date of Publication June 11, 2015 Date Ordinance takes effect June 26, 2015 ADOPTED this ______ day of _______________, 2015, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of June 1, 2015 (Item No. 4c) Page 5 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries SUMMARY FOR PUBLICATION ORDINANCE NO.____-15 AN ORDINANCE RELATING TO BREWER OFF-SALE MALT LIQUOR LICENSES AND BREWER TAPROOM LICENSES This ordinance amends Chapter 3, Section 57 of the City Code increasing production capacity for brewer off-sale malt liquor licenses and brewer taproom licenses. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 1, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 City Council Meeting of June 1, 2015 (Item No. 4c) Page 6 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries ORDINANCE NO. ____-15 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 36 OF THE ST. LOUIS PARK CITY CODE INCREASING PRODUCTION CAPACITY FOR BREWERIES LOCATED IN THE INDUSTRIAL PARK AND BUSINESS PARK ZONING DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Chapter 36 is amended to add the following: ARTICLE IV. ZONING DISTRICTS DIVISION 7. BUSINESS PARK DISTRICT REGULATIONS *** Sec. 36-233. BP business park district. *** (c) Uses permitted with conditions. A structure or land in any BP district may be used for one or more of the following uses if it has a floor area ratio (FAR) of less than 1.0 and complies with the performance standards as stated in Section 36-232 and the conditions stated below: *** (2) Brewery. The conditions are as follows: a. The brewery shall not produce more than 3,500 20,000 barrels of malt liquor per year. b. Up to 25% of the gross floor area of the Brewery may be used for any combination of retail and a taproom. *** DIVISION 8. INDUSTRIAL DISTRICT REGULATIONS* *** Sec. 36-243. I-P industrial park district. *** (c) Uses permitted with conditions. A structure or land in an I-P district may be used for one or more of the following uses if its use complies with the conditions stated in section 36-242 and those specified for the use permitted in this subsection: *** City Council Meeting of June 1, 2015 (Item No. 4c) Page 7 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries (11) Brewery. The conditions are as follows: a. The brewery shall not produce more than 3,500 20,000 barrels of malt liquor per year. b. Up to 15% of the gross floor area of the Brewery may be used for any combination of retail and a taproom. SECTION 2. This Ordinance shall take effect fifteen days after its passage and publication. Public Hearing April 15, 2015 First Reading May 18, 2015 Second Reading June 1, 2015 Date of Publication June 11, 2015 Date Ordinance takes effect June 26, 2015 ADOPTED this ______ day of _______________, 2015, by the City Council of the City of St. Louis Park. Adopted by the City Council Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of June 1, 2015 (Item No. 4c) Page 8 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries SUMMARY FOR PUBLICATION ORDINANCE NO.____-15 AN ORDINANCE RELATING TO BREWERIES This ordinance amends Chapter 36 of the City Code increasing production capacity for breweries located in the Industrial Park and Business Park Zoning Districts. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 1, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 City Council Meeting of June 1, 2015 (Item No. 4c) Page 9 Title: 2nd Reading of Liquor Ordinance Amendment and Zoning Text Amendment Related to Breweries Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Second Reading of Ordinance Amendment Pertaining to Discontinuance of Water Service RECOMMENDED ACTION: Motion to approve second reading and Adopt Ordinance amending Chapter 32, Sec. 32-35 and Sec. 32-39 of the St. Louis Park City Code pertaining to the Discontinuance of Water Service, approve summary ordinance, and authorize publication. POLICY CONSIDERATION: Does the City Council wish to amend the City Code to allow the City to discontinue water service if the property owner will not allow access to the property to perform inspection, testing, repair or replacement of the water meter and related equipment, provided the owner has been given a reasonable time to hire an independent, licensed contractor? SUMMARY: First reading of this ordinance was approved at the May 18, 2014 City Council meeting. Staff is requesting an amendment to the City Code to amend Section 32-35: Discontinuance of service for ordinance violations and Section 32-39: Water meter inspection and repairs to allow the City to discontinue water service to a property for failure to allow access to the property’s water meter or related equipment. Prior to discontinuance of water service, the property owner would be given a reasonable amount of time to hire an independent licensed contractor to replace the water meter and/or related equipment and provide proof of completion to the city. Since the service would otherwise have been provided at no cost to the property owner, all costs associated with the independent repair of the meter and/or related equipment would be the responsibility of the property owner. DISCUSSION/ANALYSIS: Existing Ordinance: From time to time, City staff must gain access to the water meter to maintain the property’s water service in good working order. This service is provided at no cost to the property owner. The current ordinance language does not expressly require the property owner to provide access under the above conditions. Proposed Ordinance: Staff is requesting an amendment to the ordinance to provide staff the authority to discontinue water service if the property owner does not allow the necessary access and does not hire an independent contractor to complete the work. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Sections 32-35 and 32-39 Prepared by: Mark Hanson, Public Works Superintendent Reviewed by: Cindy Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4d) Page 2 Title: Second Reading of Ordinance Amendment Pertaining to Discontinuance of Water Service ORDINANCE NO.____-15 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE RELATING TO DISCONTINUANCE OF WATER SERVICE, AMENDING CHAPTER 32 OF THE ST. LOUIS PARK CITY CODE THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Section 32-35 of the City Code is amended to add the following subsection: (6) The owner or occupant will not allow access to the property by the city or its agent for inspection, testing, repair or replacement of water meters and related equipment, provided that the owner or occupant shall first be given a reasonable time prior to the shutoff to hire a licensed contractor to perform the necessary work and provide proof of completion to the city. SECTION 2. Section 32-39 shall be amended to read as follows: Sec. 32-39. Water meter inspection and repairs. The city shall provide for inspection, testing, repair and replacement of all water meters connected with the city water supply system at reasonable times. SECTION 3. This Ordinance shall take effect fifteen days after its passage and publication. ADOPTED this 1st day of June, 2015, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development RECOMMENDED ACTION: Motion to approve second reading and Adopt Ordinance creating Section 36-268-PUD 1 of the Zoning Code and amending the Zoning Map from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1 for properties at: 3907 and 3915 Highway 7, 3031 Glenhurst Avenue, and 3914 and 3918 31st Street West, and approve the Summary Ordinance for publication. POLICY CONSIDERATION: Is the rezoning consistent with the Comprehensive Plan? SUMMARY: Approval would allow construction of a mixed-use building that includes 150 residential units, for a density of 66 units per acre, and 20,000 square feet of general office and medical office uses. All existing buildings would be removed. The new building would be five stories tall along the CSAH 25 Frontage Road and three stories tall along 31st Street West. The site plan includes new sidewalks or trails on all four sides of the development and includes on- site storm water management, outdoor recreation areas and landscaping. The development also includes surface and underground parking for the residential units and the commercial tenants. The rezoning is consistent with the Comprehensive Plan and the proposed use of the property. The City Council approved the first reading of the Ordinance on May 18, 2015. A supermajority of the City Council (five affirmative votes) is required to adopt the Ordinance. FINANCIAL OR BUDGET CONSIDERATION: The Ordinance does not have any financial implications. The developer has requested City Assistance. The TIF request is under review and is scheduled to be discussed at the Economic Development Authority meeting June 1, 2015. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Ordinance Ordinance Summary Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4e) Page 2 Title: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development ORDINANCE NO. ____-15 AN ORDINANCE AMENDING THE ST. LOUIS PARK CITY CODE RELATING TO ZONING BY CREATING SECTION 36-268-PUD 1 AS A PLANNED UNIT DEVELOPMENT ZONING DISTRICT FOR THE PROPERTY LOCATED AT 3907 AND 3915 HIGHWAY 7, 3031 GLENHURST AVENUE, AND 3914 AND 3918 31ST STREET WEST THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15-11-S, 15-12-PUD and 15-13-VAC) for amending the Zoning Ordinance to create a new Planned Unit Development (PUD) Zoning District. Sec. 2. The Comprehensive Plan designates this property as Mixed Use. Sec. 3. The Zoning Map shall be amended by reclassifying the following described lands from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1: Lot 1, Block 1, The Shoreham Addition; Hennepin County, Minnesota; and to the center line of all adjacent right-of-way. Sec. 4. The St. Louis Park Ordinance Code, Section 36-268 is hereby amended to add the following Planned Unit Development Zoning District: Section 36-268-PUD 1. (a) Development Plan The site shall be developed, used and maintained in conformance with the following Final PUD signed Official Exhibits: 1. G000 – Cover Sheet 2. C1.01 – Title Sheet 3. C2.01 – Preliminary Plat 4. C2.02 - Construction Route/Parking 5. C3.01 – Site Plan 6. C4.01 – Grading and Erosion Control 7. C6.01 – Utility Plan 8. C8.01 – France Avenue Plan and Profile 9. L000 – Tree Preservation Plan 10. L100 – Landscape Site Plan 11. L101 – Planting Details 12. AS100 – Architectural Site Plan 13. A100 – Level P1 Floor Plan 14. A110 – Level 1 Floor Plan 15. A120 – Level 2 Floor Plan 16. A130 – Level 3 Floor Plan 17. A140 – Level 4 Floor Plan City Council Meeting of June 1, 2015 (Item No. 4e) Page 3 Title: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development 18. A150 – Level 5 Floor Plan 19. A160 – Roof Plan 20. A200 – Elevations 21. A201 – Elevations 22. A202 – Elevations 23. A310 – Building Sections 24. Site Lighting Photometric Plan 25. Final Plat 26. Zoning Map Amendment Exhibit The site shall also conform to the following requirements: 1) The property shall be divided into two zones, as indicated on Sheet AS100 of the Official Exhibits. The zones shall be established by dividing the site into a north side and south side. The north side shall be called Zone A and the south side shall be called Zone B. 2) Parking will be provided off-street in a surface lot and structured parking, and on-street in the circular driveway on the north side of the property. A total of two-hundred-ninety-one (291) parking spaces will be provided: 203 spaces for residential units and 88 spaces for non-residential uses. 3) The maximum building height in Zone A shall not exceed 65 feet and five stories. The maximum building height in Zone B shall not exceed 35 feet and three stories. 4) The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. (b) Permitted Uses Zone A (1) Multiple-family dwellings. Zone B (1) Multiple-family dwellings. Dwelling units are not permitted on the first floor. Uses associated with the multiple-family dwellings, including, but not limited to the residential office, fitness facility, mail room, assembly rooms or general amenity space are limited to a maximum of 50% of the building first floor. (2) Commercial uses. Commercial uses are only permitted on the first floor, and are limited to the following: office, medical or dental office, adult day care, group day care/nursery school, group home/nonstatutory, banks without drive-up facilities, food service, private entertainment (indoor), retail shops, service, showrooms and studios. a. All parking requirements must be met for each use. b. Hours of operation for commercial uses shall be limited to 6 a.m. to 12 a.m. c. No drive up facilities are allowed. City Council Meeting of June 1, 2015 (Item No. 4e) Page 4 Title: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development (3) Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios and performance theaters. (c) Accessory Uses Accessory uses are as follows: (1) Incidental repair or processing which is necessary to conduct a permitted use and not to exceed ten percent of the gross floor area of the associated permitted use. (2) Home occupations complying with all of the conditions in the R-C district. (3) Catering, if accessory to food service, delicatessen or retail bakery. (4) No outdoor uses or storage allowed. (d) Special Performance Standards (1) All general zoning requirements not specifically addressed in this ordinance shall be met, including but not limited to: outdoor lighting, architectural design, landscaping, parking and screening requirements. (2) All trash handling and loading areas shall be inside of the building and screened from view. (3) Signage shall be allowed in conformance with the approved redevelopment plan or final PUD site plan and development agreement in accordance with the following conditions: a. Pylon signs are prohibited; b. Freestanding monument signs shall utilize the same exterior materials as the principal buildings and shall not interfere with pedestrian, bicycle or automobile circulation and visibility; c. Pedestrian-scale signs visible from public sidewalks shall be no more than three feet in vertical dimension unless flush with the building wall; and d. Maximum allowable number, sizes and heights of signs shall be regulated by section 36-362, C-2 requirements, except as may be specifically modified by the final PUD. e. Wall signs of non-residential uses shall only be placed on the ground floor, exterior wall of the occupied tenant lease space, and/or a monument sign. f. Wall signs shall not be included in calculating the aggregate sign area on the lot if they meet the following outlined conditions: 1. Non-residential wall signs permitted by this section that do not exceed seven percent of the exterior wall area of the ground floor tenant lease space. 2. The sign is located on the exterior wall of the ground floor tenant lease space from which the seven percent sign area was derived. 3. No individual wall sign shall exceed 80 square feet in area. City Council Meeting of June 1, 2015 (Item No. 4e) Page 5 Title: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development (4) Façade. The following façade design guidelines shall be applicable to all ground floor non-residential facades located in Zone B: a. For street-facing facades, no more than 10% of total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signage. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. b. Visibility into the space shall be maintained for a minimum depth of three feet. This requirement shall not prohibit the display of merchandise. (5) Awnings. a. Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. b. Backlit awnings are prohibited. Sec. 4. The contents of Planning Case File 15-11-S, 15-12-PUD and 15-13-VAC are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 5. This Ordinance shall take effect fifteen days after its publication. Public Hearing May 6, 2015 First Reading May 18, 2015 Second Reading June 1, 2015 Date of Publication June 11, 2015 Date Ordinance takes effect June 26, 2015 Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of June 1, 2015 (Item No. 4e) Page 6 Title: 2nd Reading of Zoning Ordinance & Zoning Map Amendments for Shoreham Planned Unit Development SUMMARY FOR PUBLICATION ORDINANCE NO.____-15 AN ORDINANCE CREATING A NEW PLANNED UNIT DEVELOPMENT ZONING DISTRICT 3907 and 3915 HIGHWAY 7, 3031 GLENHURST AVENUE, and 3914 and 3918 31st STREET WEST This ordinance states that the Zoning Map shall be amended from C-2 General Commercial and R-4 Multiple Family Residence to PUD 1; and the Zoning Ordinance Code, Section-268 will be amended to add Section 36-268-PUD 1. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 1, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: 2nd Reading of Ordinance Vacating Alley Right-of-Way RECOMMENDED ACTIONS: Motion to approve second reading and Adopt Ordinance vacating alley right-of-way, connecting Glenhurst Avenue and France Avenue, north of West 31st Street, and approve the Summary Ordinance for publication. POLICY CONSIDERATION: Is the right-of-way needed for public purposes? SUMMARY: The Shoreham redevelopment site is located at 3907 and 3915 Highway 7, 3031 Glenhurst Avenue, and 3914 and 3918 31st Street West. The redevelopment proposal includes a preliminary and final plat that will combine six parcels into one parcel, and a preliminary and final planned unit development (PUD) for a mixed use development including 150 residential units, 10,000 square feet of office and 10,000 square feet of medical office space. In order for building permits to be issued, right-of-way on the property needs to be vacated. The applicant requests the City vacate alley right-of-way, lying between the County State Aid Highway 25 Frontage Road and West 31st Street, connecting France Avenue to Glenhurst Avenue. The development plan proposes using this right-of-way for an access drive and surface parking area for the office tenants. The right of way is not needed for public purposes. Legal description and depiction of the subject area is included in the attached ordinance. The City Council held a public hearing on May 18, 2015 and approved the First Reading of the Ordinance. Five councilmembers must support the ordinance in order to vacate right-of-way. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Ordinance Ordinance Summary for Publication Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of May 18, 2015 (Item No. 4f) Page 2 Title: 2nd Reading of Ordinance Vacating Alley Right-of-Way ORDINANCE NO.____-15 AN ORDINANCE VACATING AN ALLEY LYING BETWEEN CSAH 25 FRONTAGE ROAD AND 31ST STREET WEST WHICH CONNECTS FRANCE AVENUE AND GLENHURST AVENUE THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the alley proposed to be vacated has been duly filed. The notice of said petition has been published in the St. Louis Park Sailor on May 7, 2015 and the City Council has conducted a public hearing upon said petition and has determined that the alley is not needed for public purposes, and that it is for the best interest of the public that said alley be vacated. Section 2. The following described alley, as now dedicated and laid out within the corporate limits of the City of St. Louis Park, is vacated: That part of the alley lying northerly of Block 2, as dedicated in the recorded plat of Manhattan Park, Minneapolis, Minn., lying westerly of the northerly extension of the east line of Lot 1, Block 2, said plat, and lying easterly of the northerly extension of the West line of Lot 7, Block 2, said plat. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section_4. This Ordinance shall take effect fifteen days after its publication. Public Hearing May 18, 2015 First Reading May 18, 2015 Second Reading June 1, 2015 Date of Publication June 11, 2015 Date Ordinance takes effect June 26, 2015 Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney City Council Meeting of May 18, 2015 (Item No. 4f) Page 3 Title: 2nd Reading of Ordinance Vacating Alley Right-of-Way SUMMARY FOR PUBLICATION ORDINANCE NO.____-15 AN ORDINANCE VACATING AN ALLEY This vacates an alley lying between the CSAH 25 Frontage Road and 31st Street West which connects France Avenue and Glenhurst Avenue. This ordinance shall take effect 15 days after publication. Adopted by the City Council June 1, 2015 Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Accept Donations of a Purple Martin House and a Nature Play Sign to Westwood Hills Nature Center RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a Purple Martin House (value $1000) from Paul Reshke to be installed and monitored at Westwood Hills Nature Center and approving acceptance of a Nature Play Sign (value $30) from Chelsey Bahe to be posted at the Nature Play area at Westwood Hills Nature Center. POLICY CONSIDERATION: Does the City Council wish to accept these gifts with restrictions on their use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Paul Reshke graciously donated a Purple Martin house to Westwood Hills Nature Center. The donation is given with the restriction that it be installed and monitored at Westwood Hills Nature Center. Chelsey Bahe graciously donated a Nature Play sign to Westwood Hills Nature Center. The donation is given with the restriction that it is posted in the Nature Play area at Westwood Hills Nature Center FINANCIAL OR BUDGET CONSIDERATION: These donations will be used to for the items listed above. No additional City funds will be for either of these items. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Carrie Mandler, Secretary / Program Aide Reviewed by: Mark Oestreich, Westwood Hills Nature Center Manager Cindy Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4g) Page 2 Title: Accept Donations of a Purple Martin House and a Nature Play Sign to Westwood Hills Nature Center RESOLUTION NO. 15-____ RESOLUTION APPROVING ACCEPTANCE OF A PURPLE MARTIN HOUSE DONATION (VALUE $1,000) AND DONATION OF A NATURE PLAY SIGN (VALUE $30) TO BE INSTALLED AND MONITORED AT WESTWOOD HILLS NATURE CENTER WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Paul Reshke donated a Purple Martin house and Chelsey Bahe donated a Nature Play sign to Westwood Hills Nature Center; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gifts are hereby accepted with thanks to Paul Reshke and Chelsey Bahe with the understanding that the Purple Martin house and Nature Play sign must be installed at Westwood Hills Nature Center. Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project RECOMMENDED ACTION: Motion to Adopt Resolution authorizing calling for a Public Hearing on July 6, 2015 on the issuance of health care facilities revenue refunding bonds and authorizing the publication of a notice of the hearing for the Jones Harrison Project. POLICY CONSIDERATION: • Is the City Council willing to conduct a public hearing on July 6, 2015 to consider the issuance of Health Care Facilities Revenue Refunding Bonds, 2015 for Jones Harrison in an aggregate principal amount not to exceed $13,000,000? • Is the City Council willing to authorize the publication of the public hearing? SUMMARY: Jones Harrison Residence owns and operates a 163-bed skilled care facility and 54-unit assisted living facility on a 5.3 acre site adjacent to Cedar Lake in Minneapolis. Jones Harrison issued private activity revenue bonds in 2005 through the City of Minneapolis for its health care facility. Jones Harrison is requesting host approval from the City of Minneapolis to allow the 2015 bonds to be issued by the City of St. Louis Park. This host approval is on the City of Minneapolis City Council agenda for June 23, 2015. The Series 2015 Bonds, with an amount not to exceed $13,000,000 will be directly purchased by Northland Securities, Inc. It is common for a transaction like this to not be rated, and the City of Minneapolis has restrictions on unrated debt in its private activity revenue policy. The City of St. Louis Park’s policy does not have this restriction. NEXT STEPS: The City Council will be asked to adopt a resolution, prepared by Kennedy and Graven scheduling a public hearing to be held at the City Council’s regularly scheduled meeting on July 6, 2015 and to authorize the publication notice for the hearing. Pending Council approval on July 6, 2015, the bonds will close within several weeks of Council approval. FINANCIAL OR BUDGET CONSIDERATION: Per the City’s private activity revenue bond policy, Jones Harrison will pay an annual administration fee in the amount of 1/8th of 1% (.125%) of the outstanding principal of the bonds. This amounts to approximately $240,000 over the 25 year life of the bonds. The City uses this administration fee in the Housing Rehabilitation Fund. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Steven Heintz, Finance Supervisor Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4h) Page 2 Title: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project CITY OF ST. LOUIS PARK, MINNESOTA RESOLUTION NO. 15-____ RESOLUTION CALLING A PUBLIC HEARING REGARDING A HOUSING DEVELOPMENT AND THE ISSUANCE OF REVENUE BONDS THEREUNDER AND PROVIDING PRELIMINARY APPROVAL TO THE ISSUANCE OF THE REVENUE BONDS BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota (the “City”), as follows: Section 1. Recitals. 1.01. Pursuant to Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), a municipality is authorized to carry out the public purposes described in the Housing Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments located within the municipality. 1.02. Pursuant to Minnesota Statutes, Section 471.656, as amended, a municipality is authorized to issue obligations to finance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the governmental unit issuing the obligations and the governmental unit in which the property to be acquired or improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two governmental units may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. 1.03. On September 28, 2005, the City of Minneapolis (the “City of Minneapolis”) issued its Health Care Facilities Revenue Bonds (Jones-Harrison Residence Project), Series 2005 (the “Series 2005 Bonds”), in the original aggregate principal amount of $14,030,000. The City of Minneapolis loaned the proceeds of the Series 2005 Bonds to Jones-Harrison Residence, a Minnesota nonprofit corporation (the “Corporation”), to (i) refinance the Corporation’s 163-bed skilled nursing facility and 57-unit assisted living facility located at 3700 Cedar Lake Avenue in the City of Minneapolis (the “Project”) by refunding the Health Care Facilities Revenue Bonds (Jones-Harrison Residence Project), Series 1998, issued by the City of Minneapolis in the original aggregate principal amount of $10,000,000; (ii) finance various capital improvements to the assisted living facility; (iii) fund a reserve fund for the Series 2005 Bonds; and (iv) pay the costs of issuance of the Series 2005 Bonds. 1.04. The Corporation has requested that the City issue revenue bonds, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), in an aggregate principal amount not to exceed $13,000,000, and loan the proceeds thereof to the Corporation. The Corporation will use the proceeds of the Bonds, along with other available funds, to (i) refinance the Project City Council Meeting of June 1, 2015 (Item No. 4h) Page 3 Title: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project through the redemption and prepayment of the outstanding Series 2005 Bonds; (ii) fund a debt service reserve fund; and (iii) pay costs of issuance of the Bonds. 1.05. As a condition to the issuance of revenue bonds under the Housing Act, the City must adopt a housing program providing the information required by Section 462C.03, subdivision 1a of the Housing Act (the “Housing Program”). 1.06. The Corporation has requested that the City Council conduct a public hearing on Monday, July 6, 2015, to (i) approve the issuance of the Bonds pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and the regulations promulgated thereunder; and (ii) approve the Housing Program pursuant to the requirements of the Housing Act. 1.07. The Community Development and Regulatory Services Committee of the City Council of the City of Minneapolis is expected to hold a public hearing on June 23, 2015 with respect to host approval for the City to issue the Bonds, as required by Section 147(f) of the Code. Section 2. Preliminary Findings. Based on representations made by the Corporation to the City to date, the City Council of the City hereby makes the following preliminary findings, determinations, and declarations: (a) The Project, which is being refinanced with proceeds of the Bonds, consists of a multifamily housing development designed and intended to be used for rental occupancy by seniors. (b) The proceeds of the Bonds will be loaned to the Corporation and the proceeds thereof, along with other available funds, will be used to refinance the Project, fund a debt service reserve fund, and pay costs of issuance of the Bonds. The City will enter into a loan agreement (or other revenue agreement) with the Corporation requiring loan repayments from the Corporation in amounts sufficient to repay the loan of the proceeds of the Bonds when due and requiring the Corporation to pay all costs of maintaining and insuring the Project, including taxes thereon. (c) In preliminarily authorizing the issuance of the Bonds, the City’s purpose is to further the policies of the Housing Act. (d) The Bonds will be special, limited obligations of the City payable solely from the revenues pledged to the payment thereof, will not be a general or moral obligation of the City, and will not be secured by or payable from revenues derived from any exercise of the taxing powers of the City. Section 3. Public Hearing. 3.01. The City Council shall meet at 7:30 p.m. on Monday, July 6, 2015, to conduct a public hearing as requested by the Corporation, notice of which hearing (the “Public Notice”) will be published as required by Section 462C.04, subdivision 2 of the Housing Act and Section 147(f) of the Code. City Council Meeting of June 1, 2015 (Item No. 4h) Page 4 Title: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project 3.02. The City Clerk is hereby authorized and directed to publish the Public Notice, in substantially the form attached hereto as EXHIBIT A, in the Sun Sailor, the official newspaper of the City and a newspaper of general circulation in the City. The Public Notice shall be published at least once, at least fifteen (15) days prior to the date of the public hearing. At the public hearing, reasonable opportunity will be provided for interested individuals to express their views, both orally and in writing, on the Housing Program and the proposed issuance of the Bonds. 3.03. Kennedy & Graven, Chartered, as bond counsel to the City, shall prepare and submit to the City the Housing Program to authorize the issuance by the City of the Bonds in a principal amount not to exceed $13,000,000 to, among other things, refinance the Project. City staff are authorized and directed to submit the Housing Program to the Metropolitan Council for review and comment on or before the date the Public Notice is published, as required by Section 462C.04, subdivision 2 of the Housing Act. Section 4. Preliminary Approval. The City Council hereby states its preliminary intention to issue the Bonds in the maximum aggregate principal amount of $13,000,000 to (i) refinance the Project by refunding the outstanding Series 2005 Bonds; (ii) fund a debt service reserve fund; and (iii) pay the costs of issuing the Bonds. Section 5. Costs. The Corporation will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with refinancing the Project and issuing the Bonds, whether or not the Bonds are issued. Section 6. Commitment Conditional. The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the Bonds as requested by the Corporation. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the Bonds, or issue the Bonds in an amount less than the amount referred to herein, should the City at any time prior to issuance thereof determine that it is in the best interest of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in Section 4 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. Section 7. Effective Date. This resolution shall be in full force and effect from and after its passage. Reviewed for Administration: Adopted by the City Council June 1, 2015 City Manager Mayor Attest: City Clerk City Council Meeting of June 1, 2015 (Item No. 4h) Page 5 Title: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project EXHIBIT A NOTICE OF PUBLIC HEARING CITY OF ST. LOUIS PARK, MINNESOTA NOTICE OF PUBLIC HEARING ON THE APPROVAL OF A HOUSING PROGRAM FOR A MULTIFAMILY HOUSING DEVELOPMENT AND THE ISSUANCE OF REVENUE BONDS UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENDED NOTICE IS HEREBY GIVEN that the City Council of the City of St. Louis Park, Minnesota (the “City”) will hold a public hearing on Monday, July 6, 2015, at or after 7:30 p.m. at City Hall, 5005 Minnetonka Boulevard in the City, on a proposal that the City Council approve and authorize the issuance by the City of its revenue refunding bonds, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), under Minnesota Statutes, Chapter 462C, as amended (the “Act”), for the benefit of Jones-Harrison Residence, a Minnesota nonprofit corporation (the “Corporation”). The proceeds of the Bonds, along with other available funds, will be used to (i) refund the outstanding Health Care Facilities Revenue Bonds (Jones-Harrison Residence Project), Series 2005 (the “Prior Bonds”), issued by the City of Minneapolis (the “City of Minneapolis”) in the original aggregate principal amount of $14,030,000; (ii) fund a debt service reserve fund; and (iii) pay certain costs of issuance of the Bonds. The Corporation applied the proceeds of the Prior Bonds to (i) refinance the Corporation’s 163-bed skilled nursing facility and 57-unit assisted living facility located at 3700 Cedar Lake Avenue in the City of Minneapolis (the “Project”) through the redemption and prepayment of revenue obligations issued by the City of Minneapolis in 1998; (ii) finance various capital improvements to the assisted living facility; (iii) fund a debt service reserve fund; and (iv) pay costs of issuance. The Project to be refinanced with the proceeds of the Bonds is owned and operated by the Corporation. Following the public hearing, the City Council will consider adoption of a resolution approving a housing program prepared in accordance with the requirements of the Act and approving the issuance of the Bonds. The aggregate face amount of the Bonds proposed to be issued to refinance the Project is presently estimated not to exceed $13,000,000. The Bonds will be issued by the City and will constitute a special, limited obligation of the City payable solely from the revenues expressly pledged to the payment thereof, and will not constitute a general or moral obligation of the City and will not be secured by the taxing power of the City or any assets or property of the City except interests in the Project that may be granted to the City in conjunction with the refinancing. Before issuing the Bonds, the City will enter into an agreement with the Corporation, whereby the Corporation will be obligated to make payments at least sufficient at all times to pay the principal of and interest on the Bonds when due. All persons interested may appear and be heard at the time and place set forth above or may file written comments with the City Clerk prior to the date of the hearing set forth above. City Council Meeting of June 1, 2015 (Item No. 4h) Page 6 Title: Private Activity Revenue Bond Refunding – Jones Harrison Residence Project Dated: [Date of publication] BY ORDER OF THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA /s/ City Clerk City of St. Louis Park, Minnesota Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Dispatch Radio Console Replacement RECOMMENDED ACTION: Motion to approve Motorola MCC7500 Contract relating to the replacement of the radio consoles for 911 Dispatch. POLICY CONSIDERATION: None at this time. SUMMARY: St. Louis Park Police and Fire Communication Center is replacing radio consoles in 2015 due to end of life for this technology as determined by the State of Minnesota Armer System. The vendor, Motorola has created a contract for this replacement which has been reviewed by Tom Scott and St. Louis Park Police Department’s technology consultant, PSC Alliance. The cost of the project is $304,256.00 and reflects current state contract pricing (single source). FINANCIAL OR BUDGET CONSIDERATION: Funds have been set aside in the CIP with funding sources that include the Police Pension Fund and E911 Funds. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Proposed Motorola Contract Prepared by: Lori Dreier, Lieutenant Reviewed by: John Luse, Police Chief Approved by: Tom Harmening, City Manager ST. LOUIS PARK JANUARY 2015 MCC 7500 DISPATCH CONSOLE PROPOSAL The design, technical, pricing, and other information (“Information”) furnished with this submission is proprietary information of Motorola Solutions, Inc. (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. SYMBOL is a trademark owned by Symbol Technologies, Inc., which is a wholly owned subsidiary of Motorola Solutions, Inc. All other trademarks are the property of their respective owners. © 2013 Motorola Solutions, Inc. All rights reserved. Control No. PS-000041145 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 2 TABLE OF CONTENTS Cover Letter Section 1 Contract ............................................................................................................................................. 1 Section 2 Exhibit B: Payment Schedule and Pricing Summary ....................................................................... 2-1 2.1 Payment Schedule .......................................................................................................... 2-1 2.2 Pricing Summary ............................................................................................................. 2-1 Section 3 Exhibit C-1: System Description ...................................................................................................... 3-1 3.1 Overview ......................................................................................................................... 3-1 3.2 System Design ................................................................................................................ 3-1 3.2.1 MCC 7500 Dispatch Consoles ..................................................................................... 3-1 3.2.2 Patch Position .............................................................................................................. 3-2 3.2.3 Trunked System Interface ............................................................................................ 3-2 3.2.4 Conventional System Interface .................................................................................... 3-2 3.2.5 Auxiliary Input and Output (Aux I/O) Interface .............................................................. 3-3 3.2.6 Logging Interface ......................................................................................................... 3-3 3.2.7 Additional Equipment ................................................................................................... 3-4 3.2.7.1 Consolettes .......................................................................................................... 3-4 3.2.7.2 The Key Variable Key Variable Loader ................................................................ 3-4 3.2.7.3 Network Management Terminal ........................................................................... 3-4 3.2.8 Spares ......................................................................................................................... 3-4 3.2.9 Backup Operations ...................................................................................................... 3-5 3.2.9.1 Loss of Connection to the Master Site .................................................................. 3-5 3.2.9.2 Conventional Fall Back Operation ........................................................................ 3-5 3.2.9.3 Site goes into Site Trunking ................................................................................. 3-6 3.2.9.4 Loss of Operator Position Functionality ................................................................ 3-6 3.2.9.5 Evacuation of Dispatch Building ........................................................................... 3-6 3.2.10 Power and Heat Requirements ................................................................................ 3-6 3.3 System Architecture ........................................................................................................ 3-7 3.3.1 MCC 7500 Dispatch Hardware .................................................................................... 3-7 3.3.1.1 Personal Computer (PC) ...................................................................................... 3-8 3.3.1.2 Voice Processor Module (VPM) ........................................................................... 3-8 3.3.1.3 GGM 8000 Based Conventional Channel Gateway ............................................ 3-10 3.3.1.4 The Conventional Site Controller ....................................................................... 3-10 3.3.1.5 Auxiliary Inputs and Outputs .............................................................................. 3-11 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents i City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 3 3.3.2 MCC 7500 Dispatch Software .................................................................................... 3-12 3.3.2.1 Elite Dispatch Graphical User Interface .............................................................. 3-12 3.3.2.2 Elite Admin Application ...................................................................................... 3-23 3.4 Summary ....................................................................................................................... 3-24 3.5 Block Diagram ............................................................................................................... 3-25 3.6 Rack Drawings .............................................................................................................. 3-26 Section 4 Exhibit C-2: Equipment List ............................................................................................................. 4-1 4.1 Main Equipment List ........................................................................................................ 4-1 4.2 Optional Equipment List ................................................................................................... 4-3 Section 5 Exhibit C-3: Statement of Work ....................................................................................................... 5-1 5.1 Overview ......................................................................................................................... 5-1 5.2 Assumptions .................................................................................................................... 5-1 5.3 Motorola Responsibilities ................................................................................................. 5-3 St. Louis Park Responsibilities .................................................................................................... 5-4 Section 6 Exhibit C-4: Acceptance Test Plan .................................................................................................. 6-7 MCC 7500 Trunking Features ..................................................................................................... 6-8 6.1.1 Talkgroup Selection and Call ....................................................................................... 6-8 6.1.2 Secure Talkgroup Selection and Call ........................................................................... 6-9 6.1.3 Console Instant Transmit ........................................................................................... 6-10 6.1.4 PTT Unit ID/Alias Display ........................................................................................... 6-11 6.1.5 Emergency Alarm and Call Display Description ......................................................... 6-12 6.1.6 Console Initiated Private Call ..................................................................................... 6-13 6.1.7 Call Alert Page ........................................................................................................... 6-14 6.1.8 Talkgroup Patch ........................................................................................................ 6-15 6.1.9 Multi-Select/APB ........................................................................................................ 6-16 6.1.10 Console Priority ..................................................................................................... 6-17 6.1.11 Alert Tone Generation Trunking Resource ............................................................. 6-18 6.1.12 All Mute Operation ................................................................................................. 6-19 6.1.13 Activity Log ............................................................................................................ 6-20 6.2 MCC 7500 Conventional Features ................................................................................. 6-21 6.2.1 Conventional Channel Call ........................................................................................ 6-21 6.2.2 Frequency Selectable Conventional Resource .......................................................... 6-22 6.2.3 Alert Tone Generation Conventional Resource .......................................................... 6-23 6.2.4 Link Failure between MCC 7500 site and Zone Controller—Conventional Site Controller6-24 6.3 MCC 7500 Additional Features ...................................................................................... 6-25 6.3.1 Headset Jack ............................................................................................................. 6-25 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents ii City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 4 Section 7 Exhibit C-5: Performance Schedule ................................................................................................ 7-1 Section 8 Exhibit D: Service/Warranty ............................................................................................................ 8-1 8.1 Warranty, Service And Maintenance................................................................................ 8-1 8.1.1 System Life Cycle Support ........................................................................................... 8-1 8.1.2 Customer Support Plan ............................................................................................... 8-1 8.1.3 The Motorola Service Delivery Team ........................................................................... 8-2 8.1.3.1 Account Services Manager .................................................................................. 8-2 8.1.3.2 Motorola System Technologists ........................................................................... 8-2 8.1.3.3 Motorola System Support Center ......................................................................... 8-2 8.1.3.4 Motorola Local Service Provider .......................................................................... 8-2 8.2 Warranty Period Services ................................................................................................ 8-3 Overview of Services Provided During the Custom Warranty Period ....................................... 8-3 8.2.1 On-Site Infrastructure Response Service ..................................................................... 8-3 8.2.2 Infrastructure Repair Service with Advanced Replacement .......................................... 8-3 8.3 Service Delivery Process ................................................................................................. 8-4 8.3.1 How to obtain Dispatch Service with On-Site Infrastructure Response ........................ 8-4 8.3.2 Severity Definitions ...................................................................................................... 8-5 8.3.3 How to obtain Infrastructure Repair Service ................................................................. 8-5 8.3.4 How to obtain Technical Support Service .................................................................... 8-6 8.3.5 How to obtain Network Preventative Maintenance Service .......................................... 8-6 8.3.6 The Network Preventative Maintenance Schedule ....................................................... 8-6 8.3.7 How to obtain Software Subscription Releases ............................................................ 8-6 8.4 Glossary of Terms and Acronyms .................................................................................... 8-7 8.5 Post-Warranty Service And Maintenance ........................................................................ 8-7 8.5.1 Main offering: ............................................................................................................... 8-8 8.6 Corporate Quality Policy .................................................................................................. 8-9 8.6.1 Corporate Quality Goals Statement ............................................................................. 8-9 8.6.2 Implementation of Goals .............................................................................................. 8-9 8.6.3 Motorola Quality Assurance Program .......................................................................... 8-9 8.6.4 Quality Objectives And Tasks .................................................................................... 8-10 8.6.5 Motorola Product Quality ........................................................................................... 8-10 8.6.6 Motorola Service Quality ............................................................................................ 8-11 Section 9 Exhibit E: System Acceptance Certificate ....................................................................................... 9-1 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents iii City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 5 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 6 SECTION 1 CONTRACT Please see the following pages for the Communications System Agreement (CSA). City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 7 Communications System Agreement Motorola Solutions, Inc. (“Motorola”) and City of St. Louis Park (“Customer”) enter into this “Agreement,” pursuant to which Customer will purchase and Motorola will sell the System, as described below. Motorola and Customer may be referred to individually as a “Party” and collectively as the “Parties.” For good and valuable consideration, the Parties agree as follows: Section 1 EXHIBITS The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between Exhibits A through E will be resolved in their listed order. Exhibit A Motorola “Software License Agreement” Exhibit B “Payment Schedule” Exhibit C “Technical and Implementation Documents” C-1 “System Description” dated January 2015 C-2 “Equipment List” dated January 2015 C-3 “Statement of Work” dated January 2015 C-4 “Acceptance Test Plan” or “ATP” dated January 2015 C-5 “Performance Schedule” dated January 2015 Exhibit D Service Statement(s) of Work and “Service Terms and Conditions” (if applicable) Exhibit E “System Acceptance Certificate” Section 2 DEFINITIONS Capitalized terms used in this Agreement have the following meanings: 2.1. “Acceptance Tests” means those tests described in the Acceptance Test Plan. 2.2. “Administrative User Credentials” means an account that has total access over the operating system, files, end user accounts and passwords at either the System level or box level. Customer’s personnel with access to the Administrative User Credentials may be referred to as the Administrative User. 2.3. “Beneficial Use” means when Customer first uses the System or a Subsystem for operational purposes (excluding training or testing). 2.4. “Confidential Information” means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is or becomes, rightfully and without breach of this Agreement, in the receiving Party’s possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Agreement; or is explicitly approved for release by written authorization of the disclosing Party. 2.5. “Contract Price” means the price for the System, excluding applicable sales or similar taxes and freight charges. 2.6. “Effective Date” means that date upon which the last Party executes this Agreement. 2.7. “Equipment” means the equipment that Customer purchases from Motorola under this Agreement. Equipment that is part of the System is described in the Equipment List. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 8 2.8. “Force Majeure” means an event, circumstance, or act of a third party that is beyond a Party’s reasonable control (e.g., an act of God, an act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). 2.9. “Infringement Claim” means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright. 2.10. “Motorola Software” means Software that Motorola or its affiliated company owns. 2.11. “Non-Motorola Software” means Software that another party owns. 2.12. “Open Source Software” (also called “freeware” or “shareware”) means software with either freely obtainable source code, license for modification, or permission for free distribution. 2.13. “Proprietary Rights” means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. 2.14. “Software” means the Motorola Software and Non-Motorola Software, in object code format that is furnished with the System or Equipment. 2.15. “Specifications” means the functionality and performance requirements that are described in the Technical and Implementation Documents. 2.16. “Subsystem” means a major part of the System that performs specific functions or operations. Subsystems are described in the Technical and Implementation Documents. 2.17. “System” means the Equipment, Software, and incidental hardware and materials that are combined together into an integrated system ; the System is described in the Technical and Implementation Documents. 2.18. “System Acceptance” means the Acceptance Tests have been successfully completed. 2.19. “Warranty Period” means one (1) year from the date of System Acceptance or Beneficial Use, whichever occurs first. Section 3 SCOPE OF AGREEMENT AND TERM 3.1. SCOPE OF WORK. Motorola will provide, install and test the System, and perform its other contractual responsibilities, all in accordance with this Agreement. Customer will perform its contractual responsibilities in accordance with this Agreement. 3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this Agreement. If a requested change causes an increase or decrease in the cost or time required to perform this Agreement, the Parties will agree to an equitable adjustment of the Contract Price, Performance Schedule, or both, and will reflect the adjustment in a change order. Neither Party is obligated to perform requested changes unless both Parties execute a written change order. 3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. 3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 9 terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and payment is due within twenty (20) days after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online (“MOL”), and this Agreement will be the “Underlying Agreement” for those MOL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at http://www.motorola.com/businessandgovernment/ and the MOL telephone number is (800) 814-0601. 3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, Motorola will provide maintenance services for the Equipment and support for the Motorola Software pursuant to the Statement of Work set forth in Exhibit D. Those services and support are included in the 640 JacksonEquipment during the Warranty Period, or any maintenance and support services for the Equipment either during the Warranty Period or after the Warranty Period, the description of and pric ing for the services will be set forth in a separate document. If Customer wishes to purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software subscription services. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those maintenance, support or software subscription services will be Motorola’s standard Service Terms and Conditions, together with the appropriate statements of work. 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement. 3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor’s rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include Open Source Software. All Open Source Software is licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. 3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a “Priced Options” exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, and related services that are described in the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific lists of deliverables, statements of work, acceptance test plans, delivery and implementation schedules, payment terms, maintenance and support provisions, additions to or modifications of the Software License Agreement, hosting terms, and modifications to the acceptance and warranty provisions. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 10 Section 4 PERFORMANCE SCHEDULE The Parties will perform their respective responsibilities in accordance with the Performance Schedule. By executing this Agreement, Customer authorizes Motorola to proceed with contract performance. Section 5 CONTRACT PRICE, PAYMENT AND INVOICING 5.1. CONTRACT PRICE. The Contract Price in U.S. dollars is $328,465.00 If applicable, a pricing summary is included with the Payment Schedule. Motorola has priced the services, Software, and Equipment as an integrated system. A reduction in Software or Equipment quantities, or services, may affect the overall Contract Price, including discounts if applicable. 5.2. INVOICING AND PAYMENT. Motorola will submit invoices to Customer according to the Payment Schedule. Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within twenty (20) days after the date of each invoice. Customer will make payments when due in the form of a wire transfer, check, or cashier’s check from a U.S. financial institution. Overdue invoices will bear simple interest at the maximum allowable rate. For reference, the Federal Tax Identification Number for Motorola Solutions, Inc. is 36-1115800. FREIGHT, TITLE, AND RISK OF LOSS. Motorola will pre-pay and add all freight charges to the invoices. Title to the Equipment will pass to Customer upon shipment. Title to Software will not pass to Customer at any time. Risk of loss will pass to Customer upon delivery of the Equipment to the Customer. Motorola will pack and ship all Equipment in accordance with good commercial practices. INVOICING AND SHIPPING ADDRESSES. Invoices will be sent to the Customer at the following address: 3015 Raleigh Ave South St. Louis Park, MN 55416___________________________________ The address which is the ultimate destination where the Equipment will be delivered to Customer is: 3015 Raleigh Ave South St. Louis Park, MN 55416___________________________________ The Equipment will be shipped to the Customer at the following address (insert if this information is known): 3015 Raleigh Ave South St. Louis Park, MN 55416___________________________________ Customer may change this information by giving written notice to Motorola. Section 6 SITES AND SITE CONDITIONS 6.1. ACCESS TO SITES. In addition to its responsibilities described elsewhere in this Agreement, Customer will provide a designated project manager; all necessary construction and building permits, zoning variances, licenses, and any other approvals that are necessary to develop or use the sites and mounting locations; and access to the work sites or vehicles identified in the Technical and Implementation Documents as reasonably requested by Motorola so that it may perform its duties in accordance with the Performance Schedule and Statement of Work. If the Statement of Work so indicates, Motorola may assist Customer in the local building permit process. 6.2. SITE CONDITIONS. Customer will ensure that all work sites it provides will be safe, secure, and in compliance with all applicable industry and OSHA standards. To the extent applicable and unless the Statement of Work states to the contrary, Customer will ensure that these work sites have adequate: physical space; air conditioning and other environmental conditions; adequate and appropriate electrical power outlets, distribution, equipment and connections; and adequate telephone or other communication lines (including modem access and adequate interfacing networking capabilities), all for the installation, use and maintenance of the System. Before installing the Equipment or Software at a work site, Motorola City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 11 may inspect the work site and advise Customer of any apparent deficiencies or non-conformities with the requirements of this Section. This Agreement is predicated upon normal soil conditions as defined by the version of E.I.A. standard RS-222 in effect on the Effective Date. 6.3. SITE ISSUES. If a Party determines that the sites identified in the Technical and Implementation Documents are no longer available or desired, or if subsurface, structural, adverse environmental or latent conditions at any site differ from those indicated in the Technical and Implementation Documents, the Parties will promptly investigate the conditions and will select replacement sites or adjust the installation plans and specifications as necessary. If change in sites or adjustment to the installation plans and specifications causes a change in the cost or time to perform, the Parties will equitably amend the Contract Price, Performance Schedule, or both, by a change order. Section 7 TRAINING Any training to be provided by Motorola to Customer will be described in the Statement of Work. Customer will notify Motorola immediately if a date change for a scheduled training program is required. If Motorola incurs additional costs because Customer reschedules a training program less than thirty (30) days before its scheduled start date, Motorola may recover these additional costs. Section 8 SYSTEM ACCEPTANCE 8.1. COMMENCEMENT OF ACCEPTANCE TESTING. Motorola will provide to Customer at least ten (10) days notice before the Acceptance Tests commence. System testing will occur only in accordance with the Acceptance Test Plan. 8.2. SYSTEM ACCEPTANCE. System Acceptance will occur upon successful completion of the Acceptance Tests. Upon System Acceptance, the Parties will memorialize this event by promptly executing a System Acceptance Certificate. If the Acceptance Test Plan includes separate tests for individual Subsystems or phases of the System, acceptance of the individual Subsystem or phase will occur upon the successful completion of the Acceptance Tests for the Subsystem or phase, and the Parties will promptly execute an acceptance certificate for the Subsystem or phase. If Customer believes the System has failed the completed Acceptance Tests, Customer will provide to Motorola a written notice that includes the specific details of the failure. If Customer does not provide to Motorola a failure notice within thirty (30) days after completion of the Acceptance Tests, System Acceptance will be deemed to have occurred as of the completion of the Acceptance Tests. Minor omissions or variances in the System that do not materially impair the operation of the System as a whole will not postpone System Acceptance or Subsystem acceptance, but will be corrected according to a mutually agreed schedule. 8.3. BENEFICIAL USE. Customer acknowledges that Motorola’s ability to perform its implementation and testing responsibilities may be impeded if Customer begins using the System before System Acceptance. Therefore, Customer will not commence Beneficial Use before System Acceptance without Motorola’s prior written authorization, which will not be unreasonably withheld. Motorola is not responsible for System performance deficiencies that occur during unauthorized Beneficial Use. Upon commencement of Beneficial Use, Customer assumes responsibility for the use and operation of the System. 8.4 FINAL PROJECT ACCEPTANCE. Final Project Acceptance will occur after System Acceptance when all deliverables and other work have been completed. When Final Project Acceptance occurs, the parties will promptly memorialize this final event by so indicating on the System Acceptance Certificate. Section 9 REPRESENTATIONS AND WARRANTIES 9.1. SYSTEM FUNCTIONALITY. Motorola represents that the System will perform in accordance with the Specifications in all material respects. Upon System Acceptance or Beneficial Use, whichever occurs first, this System functionality representation is fulfilled. Motorola is not responsible for System performance deficiencies that are caused by ancillary equipment not furnished by Motorola which is attached to or used in connection with the System or for reasons or parties beyond Motorola’s control, City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 12 such as natural causes; the construction of a building that adversely affects the microwave path reliability or radio frequency (RF) coverage; the addition of frequencies at System sites that cause RF interference or intermodulation; or Customer changes to load usage or configuration outside the Specifications. 9.2. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. If System Acceptance is delayed beyond six (6) months after shipment of the Equipment by events or causes within Customer’s control, this warranty expires eighteen (18) months after the shipment of the Equipment. 9.3. Motorola Software Warranty. Unless otherwise stated in the Software License Agreement, during the Warranty Period, Motorola warrants the Motorola Software in accordance with the terms of the Software License Agreement and the provisions of this Section 9 that are applicable to the Motorola Software. If System Acceptance is delayed beyond six (6) months after shipment of the Motorola Software by events or causes within Customer’s control, this warranty expires eighteen (18) months after the shipment of the Motorola Software. TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH PRODUCT. 9.4. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to: (i) defects or damage resulting from : use of the Equipment or Motorola Software in other than its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, repair, installation, alteration, modification, or adjustment not provided or authorized in writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA standards; (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship; (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and (vii) normal or customary wear and tear. 9.5. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola in writing of the claim before the expiration of the W arranty Period. Upon receipt of this notice, Motorola will investigate the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to Customer) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola’s liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice Customer for responding to the claim on a time and materials basis using Motorola’s then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable warranty period. All replaced products or parts will become the property of Motorola. 9.6. ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the System for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7. DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DELAYS 10.1. FORCE MAJEURE. Neither Party will be liable for its non-performance or delayed performance if caused by a Force Majeure. A Party that becomes aware of a Force Majeure that will significantly delay performance will notify the other Party promptly (but in no event later than fifteen days) after it discovers City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 13 the Force Majeure. If a Force Majeure occurs, the Parties will execute a change order to extend the Performance Schedule for a time period that is reasonable under the circumstances. 10.2. PERFORMANCE SCHEDULE DELAYS CAUSED BY CUSTOMER. If Customer (including its other contractors) delays the Performance Schedule, it will make the promised payments according to the Payment Schedule as if no delay occurred; and the Parties will execute a change order to extend the Performance Schedule and, if requested, compensate Motorola for all reasonable charges incurred because of the delay. Delay charges may include costs incurred by Motorola or its subcontractors for additional freight, warehousing and handling of Equipment; extension of the warranties; travel; suspending and re-mobilizing the work; additional engineering, project management, and standby time calculated at then current rates; and preparing and implementing an alternative implementation plan. Section 11 DISPUTES The Parties will use the following procedure to address any dispute arising under this Agreement (a “Dispute”). 11.1. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the laws of the State in which the System is installed. 11.2. NEGOTIATION. Either Party may initiate the Dispute resolution procedures by sending a notice of Dispute (“Notice of Dispute”). The Parties will attempt to resolve the Dispute promptly through good faith negotiations including 1) timely escalation of the Dispute to executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct responsibility for the matter and 2) direct communication between the executives. If the Dispute has not been resolved within ten (10) days from the Notice of Dispute, the Parties will proceed to mediation. 11.3 MEDIATION. The Parties will choose an independent mediator within thirty (30) days of a notice to mediate from either Party (“Notice of Mediation”). Neither Party may unreasonably withhold consent to the selection of a mediator. If the Parties are unable to agree upon a mediator, either Party may request that American Arbitration Association nominate a mediator. Each Party will bear its own costs of mediation, but the Parties will share the cost of the mediator equally. Each Party will participate in the mediation in good faith and will be represented at the mediation by a business executive with authority to settle the Dispute. 11.4. LITIGATION, VENUE and JURISDICTION. If a Dispute remains unresolved for sixty (60) days after receipt of the Notice of Mediation, either Party may then submit the Dispute to a court of competent jurisdiction in the state in which the System is installed. Each Party irrevocably agrees to submit to the exclusive jurisdiction of the courts in such state over any claim or matter arising under or in connection with this Agreement. 11.5. CONFIDENTIALITY. All communications pursuant to subsections 11.2 and 11.3 will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence and any additional confidentiality protections provided by applicable law. The use of these Dispute resolution procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either Party. Section 12 DEFAULT AND TERMINATION 12.1 DEFAULT BY A PARTY. If either Party fails to perform a material obligation under this Agreement, the other Party may consider the non-performing Party to be in default (unless a Force Majeure causes the failure) and may assert a default claim by giving the non-performing Party a written and detailed notice of default. Except for a default by Customer for failing to pay any amount when due under this Agreement which must be cured immediately, the defaulting Party will have thirty (30) days after receipt of the notice of default to either cure the default or, if the default is not curable within thirty (30) days, provide a written cure plan. The defaulting Party will begin implementing the cure plan City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 14 immediately after receipt of notice by the other Party that it approves the plan. If Customer is the defaulting Party, Motorola may stop work on the project until it approves the Customer’s cure plan. 12.2. FAILURE TO CURE. If a defaulting Party fails to cure the default as provided above in Section 12.1, unless otherwise agreed in writing, the non-defaulting Party may terminate any unfulfilled portion of this Agreement. In the event of termination for default, the defaulting Party will promptly return to the non- defaulting Party any of its Confidential Information. If Customer is the non-defaulting Party, terminates this Agreement as permitted by this Section, and completes the System through a third Party, Customer may as its exclusive remedy recover from Motorola reasonable costs incurred to complete the System to a capability not exceeding that specified in this Agreement less the unpaid portion of the Contract Price. Customer will mitigate damages and provide Motorola with detailed invoices substantiating the charges. Section 13 INDEMNIFICATION 13.1. GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify and hold Customer harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Customer to the extent it is caused by the negligence of Motorola, its subcontractors, or their employees or agents, while performing their duties under this Agreement, if Customer gives Motorola prompt, written notice of any the claim or suit. Customer will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola’s general indemnification of Customer from liabilities that are in any way related to Motorola’s performance under this Agreement. 13.2. GENERAL INDEMNITY BY CUSTOMER. Customer will indemnify and hold Motorola harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or direct damage to tangible property which may accrue against Motorola to the extent it is caused by the negligence of Customer, its other contractors, or their employees or agents, while performing their duties under this Agreement, if Motorola gives Customer prompt, written notice of any the claim or suit. Motorola will cooperate with Customer in its defense or settlement of the claim or suit. This section sets forth the full extent of Customer’s general indemnification of Motorola from liabilities that are in any way related to Customer’s performance under this Agreement. 13.3. PATENT AND COPYRIGHT INFRINGEMENT. 13.3.1. Motorola will defend at its expense any suit brought against Customer to the extent it is based on a third-party claim alleging that the Equipment manufactured by Motorola or the Motorola Software (“Motorola Product”) directly infringes a United States patent or copyright (“Infringement Claim”). Motorola’s duties to defend and indemnify are conditioned upon: Customer promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and Customer providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the Infringement Claim. In addition to Motorola’s obligation to defend, and subject to the same conditions, Motorola will pay all damages finally awarded against Customer by a court of competent jurisdiction for an Infringement Claim or agreed to, in writing, by Motorola in settlement of an Infringement Claim. 13.3.2. If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense: (a) procure for Customer the right to continue using the Motorola Product; (b) replace or modify the Motorola Product so that it becomes non-infringing while providing functionally equivalent performance; or (c) accept the return of the Motorola Product and grant Customer a credit for the Motorola Product, less a reasonable charge for depreciation. The depreciation amount will be calculated based upon generally accepted accounting standards. 13.3.3. Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon: (a) the combination of the Motorola Product with any software, apparatus or device not furnished by Motorola; (b) the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Motorola Product; (c) Motorola Product designed or manufactured in accordance with Customer’s designs, specifications, guidelines or instructions, if the alleged infringement City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 15 would not have occurred without such designs, specifications, guidelines or instructions; (d) a modification of the Motorola Product by a party other than Motorola; (e) use of the Motorola Product in a manner for which the Motorola Product was not designed or that is inconsistent with the terms of this Agreement; or (f) the failure by Customer to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. In no event will Motorola’s liability resulting from its indemnity obligation to Customer extend in any way to royalties payable on a per use basis or the Customer’s revenues, or any royalty basis other than a reasonable royalty based upon revenue derived by Motorola from Customer from sales or license of the infringing Motorola Product. 13.3.4. This Section 13 provides Customer’s sole and exclusive remedies and Motorola’s entire liability in the event of an Infringement Claim. Customer has no right to recover and Motorola has no obligation to provide any other or further remedies, whether under another provision of this Agreement or any other legal theory or principle, in connection with an Infringement Claim. In addition, the rights and remedies provided in this Section 13 are subject to and limited by the restrictions set forth in Section 14. Section 14 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, indemnification, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of the Equipment, Software, or services with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT be liable for any commercial loss; inconvenience; loss of use, Time, DATA, GOOD WILL, REVENUEs, profits or savings; or other SPECIAL, incidental, INDIRECT, OR consequential damages IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability provision survives the expiration or termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. Section 15 CONFIDENTIALITY AND PROPRIETARY RIGHTS 15.1. CONFIDENTIAL INFORMATION. During the term of this Agreement, the parties may provide each other with Confidential Information. Each Party will: maintain the confidentiality of the other Party’s Confidential Information and not disclose it to any third party, except as authorized by the disclosing Party in writing or as required by a court of competent jurisdiction; restrict disclosure of the Confidential Information to its employees who have a “need to know” and not copy or reproduce the Confidential Information; take necessary and appropriate precautions to guard the confidentiality of the Confidential Information, including informing its employees who handle the Confidential Information that it is confidential and is not to be disclosed to others, but these precautions will be at least the same degree of care that the receiving Party applies to its own confidential information and will not be less than reasonable care; and use the Confidential Information only in furtherance of the performance of this Agreement. Confidential Information is and will at all times remain the property of the disclosing Party, and no grant of any proprietary rights in the Confidential Information is given or intended, including any express or implied license, other than the limited right of the recipient to use the Confidential Information in the manner and to the extent permitted by this Agreement. 15.2. PRESERVATION OF MOTOROLA’S PROPRIETARY RIGHTS. Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to Customer the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to Customer any shared development rights of intellectual property. Except as explicitly provided in the Software License Agreement, Motorola does not grant to Customer, either directly or by implication, estoppel, or otherwise, any right, title or interest in Motorola’s Proprietary Rights. Customer will not modify, disassemble, peel components, City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 16 decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, distribute, sublicense, sell or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to Open Source Software which is governed by the standard license of the copyright owner. Section 16 GENERAL 16.1. TAXES. The Contract Price does not include any excise, sales, lease, use, property, or other taxes, assessments or duties, all of which will be paid by Customer except as exempt by law. If Motorola is required to pay any of these taxes, Motorola will send an invoice to Customer and Customer will pay to Motorola the amount of the taxes (including any interest and penalties) within twenty (20) days after the date of the invoice. Customer will be solely responsible for reporting the Equipment for personal property tax purposes, and Motorola will be solely responsible for reporting taxes on its income or net worth. 16.2. ASSIGNABILITY AND SUBCONTRACTING. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 16.3 WAIVER. Failure or delay by either Party to exercise a right or power under this Agreement will not be a waiver of the right or power. For a waiver of a right or power to be effective, it must be in a writing signed by the waiving Party. An effective waiver of a right or power will not be construed as either a future or continuing waiver of that same right or power, or the waiver of any other right or power. 16.4. SEVERABILITY. If a court of competent jurisdiction renders any part of this Agreement invalid or unenforceable, that part will be severed and the remainder of this Agreement will continue in full force and effect. 16.5. INDEPENDENT CONTRACTORS. Each Party will perform its duties under this Agreement as an independent contractor. The Parties and their personnel will not be considered to be employees or agents of the other Party. Nothing in this Agreement will be interpreted as granting either Party the right or authority to make commitments of any kind for the other. This Agreement will not constitute, create, or be interpreted as a joint venture, partnership or formal business organization of any kind. 16.6. HEADINGS AND SECTION REFERENCES. The section headings in this Agreement are inserted only for convenience and are not to be construed as part of this Agreement or as a limitation of the scope of the particular section to which the heading refers. This Agreement will be fairly interpreted in accordance with its terms and conditions and not for or against either Party. 16.7. ENTIRE AGREEMENT. This Agreement, including all Exhibits, constitutes the entire agreement of the Parties regarding the subject matter of the Agreement and supersedes all previous agreements, proposals, and understandings, whether written or oral, relating to this subject matter. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature shall be treated as and shall have the same effect as an original signature. In addition, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. This Agreement may be amended or modified only by a written instrument signed by authorized representatives of both Parties. The preprinted terms and conditions found on any Customer purchase order, acknowledgment or other City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 17 form will not be considered an amendment or modification of this Agreement, even if a representative of each Party signs that document. 16.8. NOTICES. Notices required under this Agreement to be given by one Party to the other must be in writing and either personally delivered or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service, such as Federal Express, UPS, or DHL), or by facsimile with correct answerback received, and will be effective upon receipt: Motorola Solutions, Inc. Customer Attn: _Mike Mraz____________________ Attn: __Lt. Lori Dreier_________________ __________________________________ __________________________________ fax: 847-576-0721 fax: 952-924-2676___________________ 16.9. COMPLIANCE WITH APPLICABLE LAWS. Each Party will comply with all applicable federal, state, and local laws, regulations and rules concerning the performance of this Agreement or use of the System. Customer will obtain and comply with all Federal Communications Commission (“FCC”) licenses and authorizations required for the installation, operation and use of the System before the scheduled installation of the Equipment. Although Motorola might assist Customer in the preparation of its FCC license applications, neither Motorola nor any of its employees is an agent or representative of Customer in FCC or other matters. 16.10. AUTHORITY TO EXECUTE AGREEMENT. Each Party represents that it has obtained all necessary approvals, consents and authorizations to enter into this Agreement and to perform its duties under this Agreement; the person executing this Agreement on its behalf has the authority to do so; upon execution and delivery of this Agreement by the Parties, it is a valid and binding contract, enforceable in accordance with its terms; and the execution, delivery, and performance of this Agreement does not violate any bylaw, charter, regulation, law or any other governing authority of the Party. 16.11. ADMINISTRATOR LEVEL ACCOUNT ACCESS. Motorola will provide Customer with Administrative User Credentials. Customer agrees to only grant Administrative User Credentials to those personnel with the training or experience to correctly use the access. Customer is responsible for protecting Administrative User Credentials from disclosure and maintaining Credential validity by, among other things, updating passwords when required. Customer may be asked to provide valid Administrative User Credentials when in contact with Motorola System support. Customer understands that changes made as the Administrative User can significantly impact the performance of the System. Customer agrees that it will be solely responsible for any negative impact on the System or its users by any such changes. System issues occurring as a result of changes made by an Administrative User may impact Motorola’s ability to perform its obligations under the Agreement or its Maintenance and Support Agreement. In such cases, a revision to the appropriate provisions of the Agreement, including the Statement of Work, may be necessary. To the extent Motorola provides assistance to correct any issues caused by or arising out of the use of or failure to maintain Administrative User Credentials, Motorola will be entitled to bill Customer and Customer will pay Motorola on a time and materials basis for resolving the issue. 16.12. SURVIVAL OF TERMS. The following provisions will survive the expiration or termination of this Agreement for any reason: Section 3.6 (Motorola Software); Section 3.7 (Non-Motorola Software); if any payment obligations exist, Sections 5.1 and 5.2 (Contract Price and Invoicing and Payment); Subsection 9.7 (Disclaimer of Implied Warranties); Section 11 (Disputes); Section 14 (Limitation of Liability); and Section 15 (Confidentiality and Proprietary Rights); and all of the General provisions in Section 16. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 18 The Parties hereby enter into this Agreement as of the Effective Date. Motorola Solutions, Inc. Customer By: ______________________________ By: ______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: ____________________________ City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 19 Exhibit A SOFTWARE LICENSE AGREEMENT This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, Inc., (“Motorola"), and City of St. Louis Park (“Licensee”). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 “Designated Products” means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 “Documentation” means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 “Open Source Software” means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 “Open Source Software License” means the terms or conditions under which the Open Source Software is licensed. 1.5 “Primary Agreement” means the agreement to which this exhibit is attached. 1.6 “Security Vulnerability” means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 “Software” (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee’s use of the Software and Documentation. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited, non-transferable (except as permitted in Section 7) and non- exclusive license under Motorola’s copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products. This Agreement does not grant any rights to source code. 3.2. If the Software licensed under this Agreement contains or is derived from Open Source Software, the terms and conditions governing the use of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 20 and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee’s use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Agreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section 4 LIMITATIONS ON USE 4.1. Licensee may use the Software only for Licensee's internal business purposes and only in accordance with the Documentation. Any other use of the Software is strictly prohibited. Without limiting the general nature of these restrictions, Licensee will not make the Software available for use by third parties on a "time sharing," "application service provider," or "service bureau" basis or for any other similar commercial rental or sharing arrangement. 4.2. Licensee will not, and will not allow or enable any third party to: (i) reverse engineer, disassemble, peel components, decompile, reprogram or otherwise reduce the Software or any portion to a human perceptible form or otherwise attempt to recreate the source code; (ii) modify, adapt, create derivative works of, or merge the Software; (iii) copy, reproduce, distribute, lend, or lease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation to any third party, or take any action that would cause the Software or Documentation to be placed in the public domain; (iv) remove, or in any way alter or obscure, any copyright notice or other notice of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable or allow any third party to: (i) install a licensed copy of the Software on more than one unit of a Designated Product; or (ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other device. Licensee may temporarily transfer Software installed on a Designated Product to another device if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola of the temporary transfer and identifies the device on which the Software is transferred. Temporary transfer of the Software to another device must be discontinued when the original Designated Product is returned to operation and the Software must be removed from the other device. Licensee must provide prompt written notice to Motorola at the time temporary transfer is discontinued. 4.4. When using Motorola's Radio Service Software ("RSS"), Licensee must purchase a separate license for each location at which Licensee uses RSS. Licensee's use of RSS at a licensed location does not entitle Licensee to use or access RSS remotely. Licensee may make one copy of RSS for each licensed location. Licensee shall provide Motorola with a list of all locations at which Licensee uses or intends to use RSS upon Motorola’s request. 4.5. Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party (“Auditor”) may inspect Licensee’s premises, books and records, upon reasonable prior notice to Licensee, during Licensee’s normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 21 Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee’s use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee’s particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola’s sole obligation to Licensee and Licensee’s exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. If Motorola cannot correct the defect within a reasonable time, then at Motorola’s option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee’s paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola’s consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's FLASHport® software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 22 transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee’s right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee’s use, duplication or disclosure of the Software and Documentation under Motorola’s copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, Licensee’s use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola’s valuable proprietary and Confidential Information and are Motorola’s trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 23 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.4, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 24 Exhibit B PAYMENT SCHEDULE Except for a payment that is due on the Effective Date, Customer will make payments to Motorola within twenty (20) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier’s check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1. 25% of the Contract Price due upon contract execution; 2. 60% of the Contract Price due upon shipment of equipment; 3. 5% of the Contract Price due upon installation of equipment; 4. 5% of the Contract Price upon system acceptance or start of beneficial use; and 5. 5% of the Contract Price due upon Final Acceptance. Motorola reserves the right to make partial shipments of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable. City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 25 Exhibit C TECHNICAL AND IMPLEMENTATION DOCUMENTS City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 26 Exhibit D SERVICE STATEMENT(S) OF WORK and SERVICE TERMS AND CONDITIONS (IF APPLICABLE St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Contract 1-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 27 SECTION 2 EXHIBIT B: PAYMENT SCHEDULE AND PRICING SUMMARY 2.1 PAYMENT SCHEDULE Except for a payment that is due on the Effective Date, St. Louis Park (Customer) will make payments to Motorola Solutions, Inc. (Motorola) within thiry (30) days after the date of each invoice. Customer will make payments when due in the form of a check, cashier's check, or wire transfer drawn on a U.S. financial institution and in accordance with the following milestones. 1. 25% of the Contract Price due upon contract execution; 2. 60% of the Contract Price due upon shipment of equipment; 3. 5% of the Contract Price due upon installation of equipment; 4. 5% of the Contract Price upon system acceptance or start of beneficial use; and 5. 5% of the Contract Price due upon Final Acceptance. Motorola reserves the right to make partial shipment of equipment and to request payment upon shipment of such equipment. In addition, Motorola reserves the right to invoice for installations or civil work completed on a site-by-site basis, when applicable. 2.2 PRICING SUMMARY Item Price Total Equipment Price $176,465.00 Project Services Project Management/Post Sale Engineering/ Installation/ System Integration: $148,246.00 CCSI/Staging: $12,568.00 Training: — System Integration Services Total: $160,814.00 1st Year Warranty Services $8,140.00 Performance Bond $2,691.00 Freight $143.00 System Discount Based on Purchase Order by 06/05/15 and Ship by 06/26/15 ($19,788.00) Grand Total $328,465.00 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit B: Payment Schedule and Pricing Summary 2-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 28 Item Price Options Option A: Encryption Removal from Project Equipment List ($12,800.00) Option A: Encryption Removal Total $315,665.00 Option B: Spare Equipment Removal from MCC7500 Project ($24,209.00) Option B: Spare Equipment Removal Total $304,256.00 * NOTE 1: The Grand Total shown above does not include MN Sales Tax or any other applicable local, state or federal taxes. * NOTE 2: If a Performance Bond is not required, the price of the Performance Bond shown above may be deducted from the Grand Total shown above. * NOTE 3: For the System Discount to apply, a PO, or Notice to Proceed Letter, must be submitted to Motorola by no later than June 5, 2015 and Ship Date of June 26, 2015. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit B: Payment Schedule and Pricing Summary 2-2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 29 SECTION 3 EXHIBIT C-1: SYSTEM DESCRIPTION 3.1 OVERVIEW The ARMER regional 800 MHz Project 25 trunked radio system consists of multiple ASTRO25 radio subsystems, which are connected to form a single trunked radio network. This system complies with APCO Project 25 Phase I requirements. Overall control of the radio network is accomplished through the use of electronics distributed throughout the network. The master site equipment includes a SmartZone Controller, which is used to process all voice calls in the system. Master Site equipment is currently installed at the Water’s Edge site for Zone 1, Golden Valley site for Zone 2, Rochester site for Zone 3, St. Cloud site for Zone 4, Duluth for Zone 5, and Detroit Lakes for Zone 6. St. Louis Park PSAP is currently connected to the Golden Valley Master Site (Zone 2). Zone 2 is made up of multiple subnetworks consisting of Simulcast radio systems and ASR sites. The ARMER System is currently at release 7.13. Motorola offers St. Louis Park a new MCC 7500 dispatch console that integrates into the ARMER Trunked Radio System which replaces the existing Centracom Gold Elite dispatch console. This proposal includes services required to reconfigure the Golden Valley Master Site to support this expansion. The proposed integrated system design is subject to approval by the Statewide Radio Board (SRB) and Statewide Operations & Technical Committee (OTC). The required resource allocation at the Master Site needs to be coordinated between St. Louis Park and MNDOT prior to equipment programming and optimization. 3.2 SYSTEM DESIGN The MCC 7500 console design for St. Louis Park consists of MCC7500 dispatch console positions, a patch position, ARMER 800MHz Trunked System interface, conventional system interface, logging interface, a set of spares and a backup design. Detailed information on each of the MCC 7500 interfaces is provided below. 3.2.1 MCC 7500 Dispatch Consoles The dispatch center at St. Louis Park is designed with three (3) MCC7500 operator positions. The MCC7500 is Motorola’s high tier IP based dispatch console system, featuring an easy to use Graphical User Interface running under the Windows® operating system. The operator’s positions are designed to be set on customer provided furniture and include the following features: • One (1) Each MCC7500 PC with Windows®. • One (1) Each Voice Processor Module (VPM). • One (1) Each DES-OFB Encryption. • Two (2) Each Speakers. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 30 • Two (2) Each Headset jacks. • One (1) Each Microphone. • One (1) Each Footswitch. Additional information about the dispatch position and the Graphical User Interface can be found in the System Architecture section (3.3) of this system description. 3.2.2 Patch Position The patch position is to be located in the rack in the dispatch center. It includes the equipment as listed above for the dispatch positions. The patch position will be used to set up permanent talk group patches. 3.2.3 Trunked System Interface Motorola has included the necessary networking equipment to interface the console site into the ARMER 800 MHz Trunked System. The console site design for St. Louis Park includes dual site routers and network switches. Two T1’s are required from the console to the ARMER network. This design requires St. Louis Park to provide two T1’s between the dispatch location and the Master Site WAN Switch. Diverse paths are recommended for the T1’s to provide the most redundancy. St. Louis Park is responsible for working with MNDOT to make sure the T1’s are identified through the shared Microwave network if required to interface to the Golden Valley Master Site. All talk group traffic will be delivered to the console site via the T1 interface. 3.2.4 Conventional System Interface Enhanced Conventional Channel Gateways (ECCGWs) are used in the MCC 7500 Series Dispatch Consoles to connect the dispatchers to analog or digital conventional channels in their system. The low density GGM 8000-based ECCGW contains four analog ports and four V.24 ports plus an Ethernet port. Each ECCGW supports up to eight control interfaces and enables the system to manage up to 8 devices simultaneously. Two-wire and four-wire interfaces are supported interchangeably. Two 4-port ECCGWs are provided which can support a total of 8 conventional base stations. It is anticipated that the following existing stations will be connected to the CCGWs. Port Number Station Name Interface CCGW01 Port01 SLP Fire 4 Wire CCGW01 Port02 PD 2 4 Wire CCGW01 Port03 Back-up Consolette 1 4 Wire CCGW01 Port04 Spare 4 Wire CCGW02 Port01 Back-up Paging 4 Wire CCGW02 Port02 Back up Consolette 2 4 Wire CCGW02 Port03 Back-up Consolette 3 4 Wire CCGW02 Port04 Spare 4 Wire Additional information on ECCGWs can be found in the System Architecture section (3.3) of this system description. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 31 3.2.5 Auxiliary Input and Output (Aux I/O) Interface An Auxiliary I/O server facilitates control of external devices such as door switches and sensors. A single server is supplied that supports up to 16 relay output contacts and 48 input buffers. St. Louis Park Dispatchers will use this to control the following devices: • Relays: − Garage 1—Open Stop Close. − Garage 2—Open stop close. − Garage 3—Open stop close. − West Door. − Dispatch Door. − Staff Door. • Indicators: − Dispatch UPS. − Penthouse UPS. − Fiber Modem. Additional information on the Aux I/O Server capabilities can be found in the System Architecture section (3.3) of this system description. 3.2.6 Logging Interface Motorola has included a plan for logging using the existing Cybertech analog logger. St. Louis Park requires logging for 8 ARMER Talkgroup and 8 analog resources. Three new APX consolettes will be added to the existing 5 logging consolettes to provide the audio for recording the 8 ARMER talkgroups as follows: • H-SLP 1. • H-SLP 2. • H-SLP Fire. • H-SLPOPS1. • H-SLPCTY. • H-SWFG4. • LTAC1. • H-SWERT1. The consolettes will interface directly to the existing logger. The analog resources will interface to the console as follows: • SLP Fire Page via the CCGW logging output. • SLP Fire Page Backup vial the CCGW logging output. • Backup Consolette 1 via the CCGW logging output. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-3 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 32 • Backup Consolette 2 via the CCGW logging output. • Backup Consolette 3 via the CCGW logging output. • Console 1 via logging port on the VPM. • Console 2 via logging port on the VPM. • Console 3 via logging port on the VPM. 3.2.7 Additional Equipment 3.2.7.1 Consolettes The three (3) existing consolettes located in the penthouse will interface to the console via the CCGW’s and be used for back up purposes. The five existing consolettes in the console equipment room will continue to be used for logging purposes. In addition three (3) new APX7500 consolettes are included for logging purposes. The logging consolettes will not interface to the console. The new consolettes will be installed in the console equipment room and will interface to the existing control station combiner and the associated antenna system. 3.2.7.2 The Key Variable Key Variable Loader The Key Variable Loader (KVL 4000) is a hand held key fill device that is used to create, store and deliver encryption key material to radios and other infrastructure equipment. Motorola understands that St. Louis Park will use an existing KVL 4000 to load the encryption keys into the MCC7500 console. 3.2.7.3 Network Management Terminal A Network Management Terminal is used to configure and maintain the console and radio system. No Network Management Terminal is provided in this proposal. The city will continue to manage the dispatch consoles as they do today. 3.2.8 Spares The following console spares are included: • GGM8000 Gateway with CCGW board. • Speaker. • Microphone. • Headset jack. • Workstation PC with Windows. • Voice Processor Module FRU with DES-OFB encryption. • VPM Power supply and cables. • Ethernet Switch. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-4 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 33 3.2.9 Backup Operations The MCC 7500 console design for St. Louis Park includes built-in back up capabilities. The design covers multiple failure scenarios: • Loss of connection to the Master site. • Conventional Fall Back Operation. • Site goes into Site Trunking. • Loss of Operator Position Functionality. • Evacuation of Dispatch Building. 3.2.9.1 Loss of Connection to the Master Site There are three ways that the connection to the Master Site can be lost. • Failure of the T1(s). • Failure of the router. • Failure of the LAN switch. The MCC 7500 console system for St. Louis Park includes two (2) site routers and two (2) LAN switches. Each site router could have a separate T1 connection to the Master site. If one T1 connection is lost or a router fails, the system automatically switches to the second router and T1 connection. The dispatch center will continue operating normally. If both of the routers or T1s fail, then the dispatch center will go into Conventional Fall Back Operation (explained below). Each LAN switch interfaces to half of the dispatch center equipment (i.e. dispatch positions, CCGWs, etc). If one LAN switch should fail, then the equipment that is attached to that particular LAN switch will become inoperable while the equipment attached to the other LAN switch will operate normally. 3.2.9.2 Conventional Fall Back Operation If both of the routers or T1 links to the Master site fail, then the MCC 7500 console system will go into Conventional Fall Back Operation. In Conventional Fallback Operation, the console sub-system includes a Conventional Site Controller to allow continued access to local conventional channels. Conventional fallback operation occurs when the following conditions are met. • A console site loses communications with the radio system’s controller. • The console site contains both dispatch consoles and CCGWs. • The console site contains a conventional site controller. When all these conditions are met, the dispatch console and CCGWs will switch over to the conventional site controller, allowing the dispatch console users to access the local conventional channels. All the features normally available on the local conventional channels continue to be available when the console site is in conventional fallback operation. There may be a slight interruption in communications when the console site is switching into or out of conventional fallback operation. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-5 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 34 St. Louis Park design has ECCGW ports that interface to the three (3) ARMER consolettes for backup. These backup consolettes will enable communication to the ARMER 800 MHz system during Conventional Fall Back Operation allowing the dispatchers to continue to talk on up to 8 programmed talkgroups (if required) on each consolette. Console priority on these talkgroups would be lost and the dispatchers would be the same priority as other subscriber units in the system. PTT ID display in the console resource would not be available. 3.2.9.3 Site goes into Site Trunking When available, back up consolettes can be programmed to communicate with a specific site within its coverage area. This would provide access to the audio traffic in the event that site goes into Site Trunking. 3.2.9.4 Loss of Operator Position Functionality If all resources on the Dispatch screen have been disabled, the St. Louis Park dispatcher will use an available portable for communications to the field. 3.2.9.5 Evacuation of Dispatch Building If for some reason, the dispatch building would require evacuation and St. Louis Park dispatchers would have to conduct back up operation at an adjacent center with their dispatch console. If the adjacent dispatch center has an MCC 7500 Console and St. Louis Park’s connection to the Master Site remains intact, then dispatchers will have the exact same operations at the adjacent site as at the St. Louis Park dispatch. If the connection between St. Louis Park and the Master site were not available, then the dispatchers would have access to their talkgroups but not to any of the St. Louis Park conventional channels. However, this does require the permissions in the Master site equipment and a copy of the St. Louis Park dispatch config file at the backup center. 3.2.10 Power and Heat Requirements Table 3-1 shows typical power consumption figures for various pieces of the MCC 7500 console. Table 3-2 on the next page shows typical thermal figures for various pieces of the MCC 7500 console. Table 3-1: Dispatch Console Power Consumptions Device Power Input (maximum) Power Input (typical) Dispatch Console PC 186 Watts* (each) 138 Watts* (each) VPM 50 Watts (each) 27 Watts (each) Speaker 4.5 Watts (each) 2.3 Watts (each) Headset Jack << 1 Watt (each) << 1 Watt (each) Microphone << 1 Watt (each) << 1 Watt (each) Site Network Equipment 280 Watts 240 Watts CCGW 40 Watts (each) 40 Watts (each) Conventional Site Controller 180 Watts 180 Watts St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-6 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 35 Table 3-2: Dispatch Console Thermal Outputs Device Thermal Output (maximum) each Thermal Output (typical) each Dispatch Console PC 635 BTU/HR* 471 BTU/Hr* VPM 171 BTU/Hr 92 BTU/Hr Speaker 15 BTU/Hr 8 BTU/Hr Headset Jack < 1 BTU/Hr < 1 BTU/Hr Microphone < 1 BTU/Hr < 1 BTU/Hr Site Network Equipment 953 BTU/Hr 816 BTU/Hr CCGW 136 BTU/Hr (each) 136 BTU/Hr (each) Conventional Site Controller 612 BTU/Hr 612 BTU/Hr Note: * Dispatch Processing Package power consumptions are approximate and will vary with configuration and model of PC. They do not include the thermal load generated by any monitors that may be used with them. 3.3 SYSTEM ARCHITECTURE The MCC 7500 console site consists of a collection of hardware which includes MCC 7500 dispatch consoles, MCC 7500 Conventional Interface equipment, Conventional Site Controller, and related equipment networked together from a common location. There are two software programs that comprise the MCC 7500 dispatch console—the Elite Dispatch Graphical User Interface (the dispatching software used to operator the dispatch positions) and the Elite Admin Application (the administrative software used to define the layout of the Elite dispatch screens). 3.3.1 MCC 7500 Dispatch Hardware There are five main hardware components of a Motorola MCC 7500 system: • Personal Computer (PC). • Voice Processor Module (VPM). • Conventional Channel Gateway. • Conventional Site Controller. • Auxiliary Inputs and Outputs. Various combinations of these components are connected together (as shown in Figure 3-1) and to the rest of the ASTRO 25 system via console site routers and switches on an IP network. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-7 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 36 Figure 3-1: Motorola MCC 7500 Dispatch Console Hardware Architecture 3.3.1.1 Personal Computer (PC) The VPM-based dispatch position uses an off-the-shelf personal computer running the Microsoft Windows operating system. The PCs used in ASTRO 25 systems have a minitower form factor and comes with a keyboard and mouse. 3.3.1.2 Voice Processor Module (VPM) The Voice Processor Module (VPM) is a device that combines the functions of a voice card, encryption card, and a general purpose input/output module in an MCC 7500 Console subsystem. The VPM provides the necessary interfaces to connect analog devices to the MCC 7500 digital console and it is responsible for audio routing between the dispatch operator, peripherals, and the local network. It contains both digital and analog (audio) circuits to support secure and clear voice processing. The VPM connects to the console site LAN switch and communicates with the dispatch console PC through Ethernet. While there is no direct physical connection between the VPM and the PC, there is a one-to-one relationship. Each dispatch position has its own PC and its own VPM. A console site with operator positions and an audio logger requires a VPM per operator position and additionally a VPM for the AIS. The VPM provides all the audio processing services and encryption/decryption services for the VPM-based dispatch console and the AIS. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-8 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 37 These include the following: • Vocoding services—It is capable of supporting AMBE and IMBE. • Audio processing services—It is capable of supporting audio level adjustments, summing, filtering and multiple, simultaneous audio streams. • Encryption and decryption services—It is capable of supporting multiple simultaneous encryption/decryption sessions using multiple algorithms and multiple secure keys. MCC 7500 VPM works with the following option peripherals: • One (1) gooseneck microphone. • Up to two (2) headset jacks. • Up to eight (8) desktop speakers. • One (1) programmable output for logging or instant recall. Provides select audio, dispatch general transmit audio, dispatch instant transmit audio. • One (1) select radio instant recall recorder. • One (1) telephone instant recall recorder. • One (1) external telephone set. • One (1) external paging encoder. • One (1) footswitch. • One (1) generic transmit audio input. Note: The exact configuration for this design is described above. MCC Series Desktop Microphone The MCC 7500 Dispatch Console is capable of supporting a single MCC Series Desktop Gooseneck Microphone. The MCC Series Desktop Gooseneck Microphone contains a microphone cartridge on a flexible shaft and two buttons in its base. One button controls the General Transmit feature and the other controls the Monitor feature. MCC Series Headset Jack A dispatch console is capable of supporting up to two MCC Series headset jacks. A headset jack allows a dispatcher to use a headset while operating the dispatch console. The headset jack contains two volume controls; one for adjusting the level of received radio audio, and one for adjusting the level of received telephone audio. The headset jack allows customers to use headsets which both decreases the ambient noise in a control room and reduces the effect of any ambient noise on console transmissions. This improves the quality of the audio being transmitted from the control room and allows the dispatchers to hear received audio more clearly. MCC Series Desktop Speaker A dispatch console is capable of supporting up to four MCC Series Desktop Speakers through which audio is presented to a dispatcher. Each speaker on a dispatch console contains unique audio; that is, an audio source cannot appear in multiple speakers at a single dispatch console. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-9 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 38 The speaker is a self-contained unit which may be placed on a desktop, mounted in a rack/furniture, mounted on a wall or mounted on a computer monitor. The speaker provides the user with a continuous volume control knob. This serves as a master volume control for all the audio which appears in the speaker. When the user adjusts this volume control, all the audio in the speaker is increased or decreased by the same amount. Footswitch The dispatch console is capable of supporting a single footswitch. The footswitch pedal controls the General Transmit feature. 3.3.1.3 GGM 8000 Based Conventional Channel Gateway The Conventional Channel Gateway (CCGW) is used in the MCC 7500 Dispatch Console to connect the dispatchers to analog conventional channels in their system. The CCGW allows an analog conventional channel to connect to the transport network in the ASTRO 25 trunking system. Once these channels are connected to the network, dispatchers are able to monitor and transmit on the channel. Conventional channels are much more integrated into ASTRO 25 trunking systems than in previous radio systems. The zone controller manages conventional channels in a manner similar to how it manages trunked talkgroups. The enhanced GGM 8000 based CCGW provides two sets of ports that are used with analog channels. One set (called the Analog Ports) contains the analog inputs and outputs for the channels along with a COR/Coded/Clear input and a PTT Relay output. The other set (called the Supplemental I/O Ports) contain analog logging recorder outputs and various inputs that can be used with the analog channels. The high capacity GGM 8000-based Enhanced CCGW (ECCGW) contains eight analog ports and eight V.24 ports plus an Ethernet port. Up to sixteen conventional channels can be connected to the analog and V.24 ports on a GGM8000-based CCGW. Tone remote control or E&M control legacy stations connect to the ECCGW via the eight analog ports. While digital control stations connect to the ECCGW via the eight V.24 ports. 3.3.1.4 The Conventional Site Controller The conventional site controller allows dispatch console users to continue to access and control local conventional channels if connectivity to the radio system’s controller is lost. This mode of operation is often called “fallback operation” or “site conventional operation”. Any archiving interface servers located at the console site with the conventional site controller will also continue to record calls on local conventional channels. The conventional site controller, CCGWs, dispatch consoles and archiving interface servers must all be on the same console site LAN to take advantage of fallback operation. CCGWs located at RF sites or other console sites cannot be accessed by the dispatch consoles and archiving interface servers located at the console site that is in fallback operation mode. (This is rather obvious since the most likely reason the radio system’s controller is not accessible is due to a console site link failure.) Only one conventional site controller is required per console site. This single conventional site controller is capable of supporting the full set of dispatch consoles, archiving interface servers and CCGWs that can be placed in a console site. Figure 3-2 shows an example of a console site with a conventional site controller. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-10 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 39 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 40 3.3.2 MCC 7500 Dispatch Software There are two software programs that comprise the MCC 7500 dispatch console—the Elite Dispatch graphical user interface (the dispatching software used to operator the dispatch positions) and the Elite Admin application (the administrative software used to define the layout of the Elite dispatch screens). 3.3.2.1 Elite Dispatch Graphical User Interface The Motorola MCC 7500 dispatch console uses the Elite Dispatch graphical user interface (GUI) for displaying information to and accepting commands from the dispatcher. The Elite Dispatch GUI is efficient, easy to use, and intuitive, having been refined and proven through years of use in public safety dispatch centers around the world. An example of the Elite Dispatch GUI is shown in Figure 3-3. Figure 3-3: Elite Dispatch GUI The Elite Dispatch GUI is based on Microsoft Windows GUI programming standards and contains many controls, displays, and features which are familiar to anyone who has used Windows-based applications. These features are described in greater detail in the following sections. Pull Down Menus The dispatcher is able to access features and functions through the pull down menus. The Elite Dispatch GUI provides the following pull down menus on a menu bar across the top of the dispatch window: Configuration—Provides access to the configuration files used by the Elite Dispatch GUI. Also allows the dispatch application to be exited. Edit—Allows various aspects of how audio, resources, and features are presented to the user on the Elite Dispatch GUI to be edited. Changes made using this menu are not permanent and are lost when the dispatch application is exited. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-12 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 41 View—Allows the dispatcher to control whether or not the Activity Log and Auxiliary I/O Windows are shown. Folders—Allows the dispatcher to switch between folders, add folders, and change the folder tab width. Changes made using this menu are not permanent and are lost when the dispatch application is exited. Help—Provides access to detailed online help for using the Elite Dispatch GUI. The user may customize which menus are displayed and what they contain via the Elite Admin application. Tool Bars The toolbar is a row of icon buttons located at the top of the dispatch window. Up to two tool bars may be present, and may be used to provide quick access to frequently used features. The following are examples of the items which may be placed in the tool bars: • Clock. • General Transmit Button. • Monitor Button. • All Mute Button. There are many other items which may be placed in the tool bars. The Elite Admin application is used to define how many tool bars are displayed and what they contain. Status Line A status bar is provided across the bottom of the dispatch window for viewing the status of the dispatch console, as well as various error messages. The most current status or error message is displayed in the status line until cleared by the dispatcher. The dispatcher may scroll through the last 10 statuses/error messages to view them and may clear them by using the Features menu on the menu bar. Resource Folders The Elite Dispatch GUI provides up to six resource folders for organizing the various resources (radio resources, auxiliary input/output resources, etc.) that are assigned to the dispatch console. These folders may be given descriptive names to simplify the organization of the resources. The resources on a folder are displayed when the dispatcher clicks on the folder tab. Resources on folders which are hidden behind the one being displayed continue to operate in a normal manner. Radio resource audio on a hidden folder appears in the appropriate speakers/headsets along with a visual call indication on the folder tab. If an emergency alarm or call is received on a radio resource which is located on a hidden folder, a visual emergency indication is displayed on the folder tab. A resource may be placed on more than one folder at the same time. This allows dispatchers to create folders for special situations without having to move resources back and forth between folders. The Elite Admin application is used to configure how many folders appear on the Elite Dispatch GUI and which resources appear on each folder. It is also used to put descriptive names on the folder tabs. During dispatch operations the dispatcher may, if so configured by the Elite Admin application, be able to add, remove, or move resources on the folders. If this is done, these changes are not saved if the user logs out of or changes configuration files for the dispatch application. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-13 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 42 Radio Resources Voice communication paths in the radio system are represented as radio resources—also referred to as tiles—on the Elite Dispatch GUI. These radio resources are used by the dispatcher to communicate on and control the radio system. The following radio resources are supported: • Trunked Talkgroups. • Trunked Announcement Groups. • Trunked Private Calls. • Analog Conventional Channels. As of release 7.6, a total of 160 resources can be programmed per operator position. Indicators and Controls A radio resource contains indicators and controls that allow the dispatcher to monitor and control various aspects of the radio channel. Examples of the indicators and controls which may appear on a radio resource include: • Instant Transmit Button. • Transmit Active/Transmit Busy Indications. • Patch Active/Patch Busy Indications. • Received Call Indication. • Received Call Stack. • Individual Volume Control. The types of indicators and controls which appear on the radio resource depend on the type of radio channel it represents, and how it has been configured in the Elite Admin application. The radio resource may be configured as a compressed resource, a larger compressed resource, or an expanded resource. Compressed Resource—Allows the dispatcher to hide the indicators and controls of the radio resource (Figure 3-4). The small arrow button opens and closes the resource to show the controls and indicators. This saves a tremendous amount of space on the screen by allowing the dispatcher to view only the most critical information for any given channel. This type of display is ideal for dispatchers monitoring several different channels where space in the resource folder is at a premium. Figure 3-4: Compressed Radio Resource St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-14 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 43 Larger Compressed Resource—A radio resource that always shows some of the indicators and controls, but allows the dispatch console to hide some of the others (Figure 3-5). Figure 3-5: Larger Compressed Radio Resource Expanded Resource—This radio resource always shows the indicators and (Figure 3-6) and cannot be compressed. The expanded version provides the advantage of a single-button press for any function. It is ideal for dispatchers who are only monitoring a few channels/talk groups and where space in the resource folder is not at a premium. Figure 3-6: Expanded Radio Resource Any activity or change on a radio resource appears on all dispatch consoles that have that resource assigned on them. Received Call Stack The received call stack provides the dispatcher with a visual record of the most recent inbound calls on radio resources. This allows the dispatcher to keep track of calls during busy traffic periods. The calls are displayed in list format on a radio resource, with the most recent calls at the top of the list. The number of calls displayed in the list is configurable, as is the type of information displayed. The types of information that can be displayed include unit ID, unit ID alias, site ID, zone ID, type of call, and time. If an alias is available for a piece of information, it is displayed; otherwise the raw information is displayed. Figure 3-7 shows a radio resource containing a received call stack. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-15 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 44 Figure 3-7: Received Call Stack on a Radio Resource The received call stack has a fixed memory of 25 calls, but the number of calls which are displayed is configurable via the Elite Admin application. Regardless of how many calls are actually displayed, the dispatcher can always scroll through all 25 calls in the stack’s memory. The dispatcher can delete individual calls from the received call stack. All of the calls listed in a received call stack can also be deleted with a single action. Auxiliary Input and Output Resources Auxiliary inputs and outputs (Aux I/Os) allow dispatchers to control external devices via relay closures and sense the state of external devices via input buffers from the MCC 7500 Dispatch Console. The Aux I/O resources are represented by various graphical icons that change their appearance based on the state of the resource. The Elite Admin application is used to associate a particular icon with a specific input or output. Examples of some of the icons which may be used are shown in Figure 3-8. Figure 3-8: Auxiliary Input/Output Resource Icons If an Aux I/O changes state, the change of state is reflected on all the other dispatch consoles that have the Aux I/O assigned on them. Patch and Multi-Select Folders The patch and multi-select features are accessed via a set of dedicated folders on the Elite Dispatch GUI. These folders are smaller than the resource folders, and may be placed on the screen to suit the dispatcher’s preferences. The placement is done in the Elite Admin application. There can be up to 16 patch folders and three multi-select folders. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-16 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 45 Patch Folders Clicking on one of the patch folder tabs brings it into view. The patch group is then opened by clicking on the left-most button on the folder. Once the patch group is open, the patch group is editable and members may be added or removed from the patch group by clicking on the desired radio resources. Note that patch groups are active whenever there are members assigned to them. This is true even if the patch group isn’t open. The members of the patch group are shown on the patch folder along with the status of each member (patched or pending). The resources in the patch also show an indication that they are in a patch group. Some patch groups contain members which were pre-assigned by the Elite Admin application. These patch groups become active as soon as possible after the dispatch console begins using the configuration file which contains the pre-assigned patch groups. The dispatcher can add/remove members from the pre-assigned patch group, but these additions/removals are lost when the dispatch console either re-loads the configuration file, or changes to a different configuration file. A patch transmit button is provided on the patch folder to allow the dispatcher to easily transmit on all members of the patch group with a single button press. Figure 3-9 shows an example of a patch folder containing some radio resources. Figure 3-9: Patch Folder Multi-Select Folder Clicking on one of the multi-select folder tabs brings it into view. The multi-select group is then opened by clicking on the left-most button on the folder. Once the multi-select group is open, the multi-select becomes active, and members can be added or removed from the group by clicking on the desired radio resources. Closing the multi-select folder (by clicking on the left-most button a second time) deactivates the multi-select group. Note: This operation is different than that of the patch folders. A dispatch console can only have one multi-select group active at a time, but it can have multiple patch groups simultaneously active. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-17 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 46 The members of the multi-select group are shown on the multi-select folder. Some multi-select groups contain members which were pre-assigned by the Elite Admin application. The dispatcher can add/remove members from the pre-assigned multi-select group, but these additions/removals are lost when the dispatch console either re-loads the configuration file or changes to a different configuration file. Figure 3-10 shows an example of a multi-select folder containing some radio resources. Figure 3-10: Multi-Select Folder Paging Capabilities The various capabilities supported by the Integrated Paging Encoder are described in the following sections. Supported Formats The following analog tone paging formats are supported by the integrated paging encoder. • Quick Call I. • Quick Call II B—Tone & Voice. • Quick Call II C—Tone Only. • Quick Call II D—Battery Saver. • Quick Call II E—Competitive. • Touch Code (DTMF). • Knox. • Single Tone 0.5. • Single Tone 1.5. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-18 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 47 • Motorola 5/6 Tone. • Digital Dial 1 (1500 Hz). • Digital Dial 2 (2805 Hz). • Digital Dial 3 (1500/2805 Hz). All of the above formats, except for the three Digital Dial formats, can have their timing or frequency characteristics modified via the radio system’s network management configuration application. The trunked Call Alert system paging format is also supported by the integrated paging encoder. Manual Individual Page Dispatch console users may create and send individual pages “on the fly” by using the manual page portion of the Standard Page window. Using the Standard Page window, the dispatch console user specifies the paging format, the paging digits or unit ID and the resource upon which the page is to be sent. Manual individual pages are kept in the dispatch console’s memory only until the page is successfully sent or the page is canceled or if the page has failed. After that it is permanently deleted. Figure 3-11 shows an example of a Standard Page window with the manual page capability. Figure 3-11: Standard Page Window showing Manual Page Pre-Configured Individual Page Individual pages can be defined by a supervisor or administrator and stored for later use by dispatch console users. These are called pre-configured individual pages. A pre-configured individual page is associated with a page alias and represents one page (i.e. in one format to one target receiver over one radio resource). Pre-configured individual pages can be made available to the dispatch console user in two ways—Quick Page buttons or list format on the Standard Page window. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-19 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 48 Quick Page buttons are icons located on the dispatch GUI folders. A Quick Page button can represent one pre-configured individual page and displays the alias associated with that page so the dispatch console user can easily identify which page is which. The desired page(s) is(are) selected by clicking on the Quick Page button(s). Figure 3-12 shows an example of a Quick Page button. Figure 3-12: Quick Page Button The Standard Page window can show a list of the aliases associated with the pre-configured individual pages that are available to the dispatch console user. The desired page(s) is (are) selected from the list. Figure 3-13 shows an example of a Standard Page window with the page alias list. Figure 3-13: Standard Page Window showing Page Alias List Pre-Configured Group Page Collections of individual pages can be defined by a supervisor or administrator and stored for later use by dispatch console users. These are called pre-configured group pages. A pre-configured group page is associated with a group page alias and represents a set of preconfigured individual pages that are all attempted when the preconfigured group page is attempted. Pre-configured group pages can be made available to the dispatch console user in two ways—Quick Page buttons or list format on the Standard Page window. Quick Page buttons are icons located on the dispatch GUI folders. A Quick Page button can represent one pre-configured group page and displays the alias associated with that group so the dispatch console user can easily identify which group page is which. The desired group page(s) is (are) selected by clicking on the Quick Page button(s). St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-20 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 49 The Standard Page window can show a list of the aliases associated with pre-configured group pages that are available to the dispatch console user. The desired group page(s) is (are) selected from the list. Manual Group Page Dispatch console users may manually create and send a collection of pages “on the fly” by using either the page alias list portion of the Standard Page window or by using Manual CheckList Paging. This collection of pages is called a group page. In the Standard Page window, the dispatch console user selects the desired pre-configured pages from the page alias list. If a group page alias is selected, the individual members of the group page are placed in the list, not the group page itself. Manual individual pages may be created and included in the collection of pages, but Quick Page buttons cannot be used with the Standard Page window. Once all the desired pages are in the list, the entire collection can be sent with a single mouse click. Alternatively, the CheckList Paging capability can be used to create and send a collection of Quick Pages. These Quick Pages may represent either individual pages or group pages. Manually-created pages cannot be sent using CheckList Paging. Talk Extend Some pagers unmute after successfully receiving and announcing a page. This feature, known as paging talk extend, allows a voice message from the dispatch console operator to be heard by the recipients of the tone page. Paging talk extend transmissions are available to dispatch console users at the conclusion of pages sent from a dispatch console configured for simultaneous paging. Talk extend is invoked when a general transmit function is made at any time after the pages have been initiated through the expiration of the talk extend timer, but the voice message cannot begin until after the last page. After all pages have been sent, the paged-upon resources are kept by the dispatch console in the transmitting state for a configurable period of time (the aforementioned talk extend timer). Activity Log Window The dispatcher can use the activity log window as a point of reference for all calls coming into the dispatch console. The activity log shows call information associated with all incoming radio calls including the name of the radio resource and the time of the call. Incoming calls from all radio resources assigned to the dispatch console are displayed in the activity log. Figure 3-14 shows an example of an activity log window. Figure 3-14: Activity Log Window Up to 1,000 calls can be held in the activity log. The most recent call is on the top of the list and the oldest at the bottom. Once the list is filled, the oldest calls are discarded as new calls come in. The dispatcher may resize the activity log to show various numbers of calls. For example, when there is light activity, the dispatcher may choose to only show a few calls. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-21 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 50 During busy hours, the dispatcher may view more calls by simply dragging the lower right hand corner of the activity log (making it longer) to see additional calls. Dispatchers may respond to incoming calls simply by clicking on a call in the list. Once a call is selected, the entry appears highlighted, and the name of the radio resource appears at the top of the activity log. The dispatcher can then press the instant transmit button on the activity log resource tile to communicate with that radio resource. The information displayed by the activity log can be customized to suit the dispatcher's needs. The activity log can be configured to show combinations of Resource Name, Unit ID or Alias, Status Number or Alias, Receiving Site ID, Receiving Zone ID, and Time. This configuration is done via the Elite Admin application and, if so configured, via the dispatcher interface. The Elite Admin application controls whether or not a dispatch console has the capability of displaying the activity log. If a dispatch console is given the capability, the dispatcher has the ability to view or not view the activity log based on their needs. The number of lines that are initially displayed by the activity log is configurable via the Elite Admin application or the dispatcher interface. The number of lines that are displayed may also be changed in real time by changing the size of the activity log window. The user can scroll through all the entries in the activity log, even if they can’t all be displayed at once. Online Help Online Help provides detailed information on how to use the dispatch console. The user accesses Online Help via the Help menu on the menu bar. The user can search for topics or key words to quickly find the desired information or the user can use a table of contents to find the information. The information is displayed in a pop-up window on the dispatch user interface. Online Help allows new dispatchers to shorten their learning curve and more experienced dispatchers to quickly remember how to operate seldom-used features. Micro Help Micro Help provides information about the state of controls or indicators in a resource tile. When the cursor is placed over a control or indicator on a resource tile, a description of the control or indicator's state is given across the bottom of the resource tile. Figure 3-15 shows micro help text on a radio resource. The text across the bottom of the resource describes the icon the cursor is pointing to. Figure 3-15: Micro Help on a Radio Resource The text displayed by the Micro Help feature may be edited via the Elite Admin application. Micro Help allows a dispatcher to view the status of a control or indicator textually instead of graphically. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-22 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 51 Tool Tips Help Tool Tips Help provides information about tool bar buttons and menu bar menus to the dispatcher. When the cursor is placed over a tool bar button, the button's name appears in a small pop-up window next to the cursor, and a short explanation of the button appears in the status bar at the bottom of the dispatch user interface window. When the cursor is moved across a menu item in a menu, a description of the menu item appears in the status bar at the bottom of the dispatch user interface window. The text displayed by the Tool Tips feature may be edited via the Elite Admin application. Tool Tips allow a dispatcher to quickly see a short explanation of the button or menu item of interest. 3.3.2.2 Elite Admin Application The Elite Dispatch GUI screens are configured using the Elite Admin application. This application is designed to be extremely flexible. It allows the administrator to make the screen look very simple with minimal icons and channels, or more sophisticated with many folders and channels. The Elite Admin application allows supervisors to create screens that can be used by multiple dispatchers (accessed over the network) or even a customized screen per dispatcher. Each screen configuration may be password protected to ensure proper use and control. All of the screen configurations are stored on the server. Once the screens are downloaded to a particular dispatch position, the configuration is run independently from the server and LAN. Through the Elite Admin application the supervisor can perform functions including: • Create new configurations (for any operator). • Enable or disable operator positions. • Modify existing configurations. • Assign/de-assign radio resources to various folders and determine location. • Determine audio routing of resources to speakers. • Set initial volume level of radio and phone resources. • Determine icons used for AUX I/Os. • Determine if Auxiliary I/Os are safety switch protected, and have an audible alarm. • Determine items that should go on the toolbar and where they should be placed. • Create pre-assigned patch/multi-select/primary groups. • Determine if the activity log is shown initially and where on the screen it is shown (dispatchers may still hide or show the activity log). • Assign/de-assign radio and auxiliary input/output resources to various folders. • Determine where features are placed on each radio resource. • Determine the size of each radio resource (compressed, larger compressed or expanded). St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-23 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 52 3.4 SUMMARY Motorola’s MCC 7500 Dispatch Console offers St. Louis Park an updated design along with flexibility to allow their dispatchers the ability to do their job in the most efficient way possible. Each dispatch position can be configured to reflect the exact needs of those dispatchers, while being able to be changed and modified when needed. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-24 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 53 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 54 3.6 RACK DRAWINGS 7.5 ft rack RACK 1 5- 10- 15- 20- 25- 30- 35- 40- 45- RACK 1 VPM 01 AC SURGE BRKT 01 CCGW 01 CCGW 02 HP Z420 WKSTN 01 GCP 8000 01 KVM 01 LANSW 01 LANSW 02 NM/DISP GTWY 01 NM/DISP GTWY 02 SDM BASIC 01 4 PB PNL 01 AC PWR STRIP 01 T1 SRG PNL 01RGE SU R 02SURGE SU R 0 Patch Panel St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-1: System Description 3-26 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 55 SECTION 4 EXHIBIT C-2: EQUIPMENT LIST This section lists the equipment necessary for the proposed solution. 4.1 MAIN EQUIPMENT LIST SysSeg Item No. Qty Nomenclature Description Unit List Ext. List APC Disc Unit Discount Ext. Discount OP_POSIT 1 3 B1905 MCC 7500 ASTRO 25 SOFTWARE $250.00 $750.00 443 20% $200.00 $600.00 OP_POSIT 2 3 B1933 MOTOROLA VOICE PROCESSOR MODULE $11,920.00 $35,760.00 443 20% $9,536.00 $28,608.00 OP_POSIT 2a 3 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE $12,000.00 $36,000.00 443 20% $9,600.00 $28,800.00 OP_POSIT 2b 3 CA01643AA ADD: MCC 7500 / MCC 7100 TRUNKING OPERATION $5,000.00 $15,000.00 443 20% $4,000.00 $12,000.00 OP_POSIT 2c 3 CA00147AF ADD: MCC 7500 SECURE OPERATION $3,250.00 $9,750.00 443 20% $2,600.00 $7,800.00 OP_POSIT 2d 3 CA00143AC ADD: DES-OFB ALGORITHM $750.00 $2,250.00 443 20% $600.00 $1,800.00 OP_POSIT 2e 3 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN $0.00 $0.00 443 20% $0.00 $0.00 OP_POSIT 3 3 TT2538 Z420 LOW TIER WORKSTATION WINDOWS 7 $2,550.00 $7,650.00 708 10% $2,295.00 $6,885.00 OP_POSIT 4 3 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG $50.00 $150.00 877 20% $40.00 $120.00 OP_POSIT 5 3 DSFH973AA HP DVI-D ADAPTER $47.00 $141.00 708 10% $42.30 $126.90 OP_POSIT 6 6 B1912 MCC SERIES DESKTOP SPEAKER $450.00 $2,700.00 443 20% $360.00 $2,160.00 OP_POSIT 7 3 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE $250.00 $750.00 443 20% $200.00 $600.00 OP_POSIT 8 6 B1913 MCC SERIES HEADSET JACK $200.00 $1,200.00 443 20% $160.00 $960.00 OP_POSIT 9 3 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 7500 DISP $290.00 $870.00 708 10% $261.00 $783.00 OP_POSIT 10 3 T7885 MCAFEE WINDOWS AV CLIENT $165.00 $495.00 708 10% $148.50 $445.50 PATCH 11 1 B1905 MCC 7500 ASTRO 25 SOFTWARE $250.00 $250.00 443 20% — PATCH 12 1 B1933 MOTOROLA VOICE PROCESSOR MODULE $11,920.00 $11,920.00 443 20% PATCH 12a 1 CA01642AA ADD: MCC 7500 BASIC CONSOLE FUNCTIONALITY SOFTWARE LICENSE $12,000.00 $12,000.00 443 20% PATCH 12b 1 CA01643AA ADD: MCC 7500 / MCC 7100 TRUNKING OPERATION $5,000.00 $5,000.00 443 20% PATCH 12c 1 CA00147AF ADD: MCC 7500 SECURE OPERATION $3,250.00 $3,250.00 443 20% PATCH 12d 1 CA00143AC ADD: DES-OFB ALGORITHM $750.00 $750.00 443 20% PATCH 12e 1 CA00140AA ADD: AC LINE CORD, NORTH AMERICAN $0.00 $0.00 443 20% PATCH 13 1 TT2538 Z420 LOW TIER WORKSTATION WINDOWS 7 $2,550.00 $2,550.00 708 10% PATCH 14 1 T7449 WINDOWS SUPPLEMENTAL TRANS CONFIG $50.00 $50.00 877 20% PATCH 15 1 DSFH973AA HP DVI-D ADAPTER $47.00 $47.00 708 10% PATCH 16 1 DSKVT417A1U VR3 SERVTRAY 17 INCH 1 VGA USB PS 2 PORT- INCLUDES (KVT417A-R2 + KVT6S1UV) $2,235.00 $2,235.00 207 10% PATCH 17 2 B1912 MCC SERIES DESKTOP SPEAKER $450.00 $900.00 443 20% PATCH 18 1 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE $250.00 $250.00 443 20% St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-2: Equipment List 4-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 56 SysSeg Item No. Qty Nomenclature Description Unit List Ext. List APC Disc Unit Discount Ext. Discount PATCH 19 2 B1913 MCC SERIES HEADSET JACK $200.00 $400.00 443 20% PATCH 20 1 DSTWIN6328A PROVIDES ONE DUAL PEDAL FOOTSWITCH FOR USE WITH MOTOROLA MCC 7500 DISP $290.00 $290.00 708 10% PATCH 21 1 T7885 MCAFEE WINDOWS AV CLIENT $165.00 $165.00 708 10% SWITCH 22 2 CLN1856 2620-24 ETHERNET SWITCH $2,250.00 $4,500.00 147 10% $2,025.00 $4,050.00 GATEWAY 23 2 SQM01SUM02 05 GGM 8000 GATEWAY $4,200.00 $8,400.00 147 10% $3,780.00 $7,560.00 GATEWAY 23a 2 CA01616AA ADD: AC POWER $0.00 $0.00 147 10% $0.00 $0.00 AUX_IO 24 1 F4543 SITE MANAGER BASIC $1,855.00 $1,855.00 469 10% $1,669.50 $1,669.50 AUX_IO 24a 1 VA00874 ADD: AUX I-O SERV FW CURR ASTRO REL $175.00 $175.00 469 10% $157.50 $157.50 AUX_IO 24b 1 V266 ADD: 90VAC TO 260VAC PS TO SM $120.00 $120.00 469 10% $108.00 $108.00 AUX_IO 24c 3 V592 AAD TERM BLCK & CONN WI $90.00 $270.00 469 10% $81.00 $243.00 GCP8000 25 1 T7038 GCP 8000 SITE CONTROLLER $3,000.00 $3,000.00 112 30% $2,100.00 $2,100.00 GCP8000 25a 1 CA00303AA ADD: QTY (1) SITE CONTROLLER $5,000.00 $5,000.00 112 30% $3,500.00 $3,500.00 GCP8000 25b 1 X153AW ADD: RACK MOUNT HARDWARE $50.00 $50.00 112 30% $35.00 $35.00 GCP8000 25c 1 CA01136AA ADD: MCC 7500 CONVEN SITE OPER $4,000.00 $4,000.00 595 30% $2,800.00 $2,800.00 CCGW 26 2 SQM01SUM02 05 GGM 8000 GATEWAY $4,200.00 $8,400.00 147 10% $3,780.00 $7,560.00 CCGW 26a 2 CA01616AA ADD: AC POWER $0.00 $0.00 147 10% $0.00 $0.00 CCGW 26b 2 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 $6,000.00 147 10% $2,700.00 $5,400.00 Consolette 27 3 L30URS9PW1 N APX7500 SINGLE BAND 7/800 $3,980.00 $11,940.00 656 32% $2,706.40 $8,119.20 Consolette 27a 3 CA01598 ADD: AC LINE CORD US $0.00 $0.00 761 30% $0.00 $0.00 Consolette 27b 3 G361 ADD: P25 TRUNKING SOFTWARE $300.00 $900.00 656 32% $204.00 $612.00 Consolette 27c 3 G51 ENH: SMARTZONE OPERATION APX $1,500.00 $4,500.00 656 32% $1,020.00 $3,060.00 Consolette 27d 3 G806 ENH: ASTRO DIGITAL CAI OP APX $515.00 $1,545.00 656 32% $350.20 $1,050.60 Consolette 27e 3 G851 ADD: AES/DES-XL/DES-OFB ENCRYPTION $799.00 $2,397.00 656 32% $543.32 $1,629.96 Consolette 27f 3 GA00232 ENH: 3 YR SFS LITE $236.00 $708.00 185 0% $236.00 $708.00 Consolette 27g 3 L999 ADD: FULL FP W/05/KEYPAD/CLOCK/VU $789.00 $2,367.00 761 30% $552.30 $1,656.90 Consolette 27h 3 QA01749 SW KEY SUPPLEMENTAL DATA $0.00 $0.00 655 32% $0.00 $0.00 Consolette 27i 3 W969 ADD: MULTIPLE KEY ENCRYPTION OPERATION $330.00 $990.00 656 32% $224.40 $673.20 Consolette 28 3 HKN6233 ASSEMBLY,ACCESSORY,APX CONSOLETTE RACK MOUNT TRAY HARDWARE KIT $200.00 $600.00 761 30% $140.00 $420.00 License 29 1 SQM01SUM02 39 MASTER SITE CONFIG UPGRADE $0.00 $0.00 877 20% $0.00 $0.00 License 29a 1 CA00996AK NM/ZC LICENSE KEY 7.13 $1,000.00 $1,000.00 877 20% $800.00 $800.00 License 29b 1 CA00997AK UCS LICENSE KEY 7.13 $1,000.00 $1,000.00 877 20% $800.00 $800.00 License 29c 1 CA02105AA MCC7500/MCC7100 CONSOLE LIC $5,000.00 $5,000.00 877 20% $4,000.00 $4,000.00 RACK 30 1 TRN7343 SEVEN AND A HALF FOOT RACK $495.00 $495.00 509 30% $346.50 $346.50 RACK 31 1 DSOP820B PDU, 120V HARDWIRE (8) 20A OUTLET PDU WITH TYPE 3 SAD PROTECTION $990.00 $990.00 207 10% $891.00 $891.00 RACK 32 1 DS1101378 RACK MT ADAPTER PLATE, 19 IN FOR DSOP820B, DSOP820B2 & DSNSOP820B $63.00 $63.00 207 10% $56.70 $56.70 RACK 33 1 BLN6200 AC POWER STRIP, 6 OUTLET $94.00 $94.00 228 20% $75.20 $75.20 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-2: Equipment List 4-2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 57 SysSeg Item No. Qty Nomenclature Description Unit List Ext. List APC Disc Unit Discount Ext. Discount RACK 34 2 DSTSJ100BT SPD, RJ-48 8 PIN, 10/100 BASE T TSJ PROTECTS/PASSES ON ALL 8 PIN $154.00 $308.00 207 10% $138.60 $277.20 RACK 35 1 DSTSJADP RACK MOUNT GROUND BAR, 19 IN FOR TSJ AND WPH SERIES DATA SPDS $88.00 $88.00 207 10% $79.20 $79.20 RACK 36 1 DSJPM110AR 5 ECONOMY CAT5E PATCH PANEL-16 PORT $143.00 $143.00 207 10% $128.70 $128.70 SPARES 37 1 B1912 MCC SERIES DESKTOP SPEAKER $450.00 $450.00 443 20% $360.00 $360.00 SPARES 38 1 B1914 MCC SERIES DESKTOP GOOSENECK MICROPHONE $250.00 $250.00 443 20% $200.00 $200.00 SPARES 39 1 B1913 MCC SERIES HEADSET JACK $200.00 $200.00 443 20% $160.00 $160.00 SPARES 40 1 SQM01SUM02 05 GGM 8000 GATEWAY $4,200.00 $4,200.00 147 10% $3,780.00 $3,780.00 SPARES 40a 1 CA01616AA ADD: AC POWER $0.00 $0.00 147 10% $0.00 $0.00 SPARES 40b 1 CA02141AA ADD: LOW DENSITY ENH CONV GATEWAY $3,000.00 $3,000.00 147 10% $2,700.00 $2,700.00 SPARES 41 1 TT2538 Z420 LOW TIER WORKSTATION WINDOWS 7 $2,550.00 $2,550.00 708 10% $2,295.00 $2,295.00 SPARES 42 1 B1934 MCC 7500 VOICE PROCESSOR MODULE FRU $11,830.00 $11,830.00 443 20% $9,464.00 $9,464.00 SPARES 42a 1 CA00147AF ADD: MCC 7500 SECURE OPERATION $3,250.00 $3,250.00 443 20% $2,600.00 $2,600.00 SPARES 42b 1 CA00143AC ADD: DES-OFB ALGORITHM $750.00 $750.00 443 20% $600.00 $600.00 SPARES 43 0 01009513001 PWR SPLY 108W AC INP 12VDC OUT W18 $150.00 $0.00 512 20% $120.00 $0.00 SPARES 44 1 30009351001 DC CABLE ASSY $32.00 $32.00 443 20% $25.60 $25.60 SPARES 45 1 CLN1856 2620-24 ETHERNET SWITCH $2,250.00 $2,250.00 147 10% $2,025.00 $2,025.00 Total Price $259,183.00 Proposal Price $176,465.36 4.2 OPTIONAL EQUIPMENT LIST Remove encryption (DES-OFB) from the MCC operator positions and spares. Sys Seg Item No. Qty Nomenclature Description Unit List Ext. List APC Disc Unit Discount Ext. Discount OP_POSIT 2c -3 CA00147AF ADD: MCC 7500 SECURE OPERATION $3,250.00 $(9,750.00) 443 20% $2,600.00 $(7,800.00) OP_POSIT 2d -3 CA00143AC ADD: DES-OFB ALGORITHM $750.00 $(2,250.00) 443 20% $600.00 $(1,800.00) SPARES 42a -1 CA00147AF ADD: MCC 7500 SECURE OPERATION $3,250.00 $(3,250.00) 443 20% $2,600.00 $(2,600.00) SPARES 42b -1 CA00143AC ADD: DES-OFB ALGORITHM $750.00 $(750.00) 443 20% $600.00 $(600.00) Option 1 No Encryption Total: ($12,800.00) St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-2: Equipment List 4-3 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 58 SECTION 5 EXHIBIT C-3: STATEMENT OF WORK Motorola is proposing to St. Louis Park the installation and configuration of the following equipment at the specified locations. Site Name Major Equipment Dispatch Three (3) MCC7500 console Operator positions plus a patch to tie into the ARMER System. The document delineates the general responsibilities between Motorola and St. Louis Park as agreed to by contract. 5.1 OVERVIEW This Statement of Work (SOW) describes the deliverables to be furnished to St. Louis Park. The tasks described herein will be performed to implement the solution described in the System Description. It describes the actual work involved in installation, identifies the installation standards to be followed, and clarifies the responsibilities for both Motorola and Customer during the project implementation. This SOW was developed to meet St. Louis Park need for three (3) dispatch console operator positions plus a patch position to interface to interface to the ARMER system. Also included in this proposal are two (2) CCGW’s to interface to conventional resources, Auxiliary Input and Output interface and three (3) APX7500 consolettes. These MCC7500 console operator positions. interfaces and APX7500 consolettes are furthered described in the System Description. This SOW provides the understanding of the work required by both parties to ensure a successful project implementation. In particular, Motorola has made assumptions regarding the project. Should any of the information change, a revision to the SOW and associated pricing will be required. It is understood that this SOW is a working document, and that it will be revised as needed to incorporate any changes associated with contract negotiations, Customer Design Review (CDR), and any other change orders that may occur during the execution of the project. 5.2 ASSUMPTIONS Motorola has based the console operator position operation on information provided by St. Louis Park. All assumptions have been listed below for review. Should Motorola’s assumptions be deemed incorrect or not agreeable to St. Louis Park, a revised proposal with the necessary changes and adjusted costs may be required. Changes to the equipment or scope of the project after contract may require a change order • Conventional Gateways (CCGWs) have been included to interface to the stations described in the system description. These stations are existing Consolettes, Paging, and other radio resources. • Dual/Redundant T1 links from the dispatch center to the Master Site (MSO) will be installed and tested prior to the installation of the equipment. The T1 links should meet Motorola backhaul connectivity requirements. • Customer is supplying and testing the network connections, per Motorola specifications. • No computer monitor is provided with this proposal for the MCC console operator positions. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-3: Statement of Work 5-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 59 • Auxiliary Input/Output capability (i. e., door controls, etc.) has been included in this proposal to interface to relays and indicators described in the system description. • The existing busy indicator lights and telephone interface at each operator position will be interfaced to the new MCC console operator positions. • St. Louis Park will use the existing Cybertech analog logger. The existing 5 consolettes will be used for logging ARMER talkgroups. In addition, (3) three new APX consolettes have be added to provide for ARMER talkgroup audio recording. • The existing IRR will be continued to be used and no new IRR software is included. • No Furniture has been included. • No Network Management Terminal is provided in this proposal. • Old equipment will be removed and given to the customer at site. No transport, storage or disposal of old equipment is included in this quote. • The existing sites or equipment locations will provide sufficient space for the equipment installation referencing the R56 standards. The customer will make necessary site improvements to follow the R56 guidelines. Reasonable attempts should be made for worker safety, proper spacing and good grounding practices. • All existing sites or equipment locations will have adequate electrical power in the proper phase and voltage and site grounding to support the requirements of the system described. • Any site/location upgrades or modifications are the responsibility of the Customer. • Approved Local, State, or Federal permits as may be required for the installation and operation of the proposed equipment are the responsibility of the Customer. • Equipment will ship to CCSI for staging. Where necessary, the Customer will provide a dedicated delivery point, such as a warehouse, for receipt, inventory, and storage of equipment prior to delivery to the sites. • If, for any reason, any of the proposed sites cannot be utilized due to reasons beyond Motorola’s control, the costs associated with site changes or delays including, but not limited to, re- engineering, frequency re-licensing, site zoning, site permitting, schedule delays, site abnormalities, re-mobilization, etc., will be paid for by the Customer and documented through the change order process. • All work is to be performed during normal work hours, Monday through Friday, but may continue later into the evening depending on the task, project schedule, or customer demand. Work performed during off hours may be discussed during the Customer Design Review. • Any required system interconnections not specifically outlined here will be provided by the Customer. These may include dedicated phone circuits, microwave links or other types of connectivity. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-3: Statement of Work 5-2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 60 5.3 MOTOROLA RESPONSIBILITIES Motorola’s general responsibilities include the following: • Conduct project kickoff meeting with St. Louis Park to review project design and finalize requirements. • Inventory and perform the installation of the Motorola supplied equipment described in the system description and the equipment list. • Provide suitable as-built documentation regarding the system design. This documentation will be discussed during the CDR. • Schedule the implementation in agreement with St. Louis Park. • Define electrical requirements for equipment to be installed in the Customer-provided facilities. • Connect the St. Louis Park-supplied, previously identified circuits into the console, to a demarcation point located within 25 feet of the console interface. • Connect the appropriate equipment to St. Louis Park-supplied ground system in accordance with Motorola’s R56 Site Installation Standards. • Perform the console programming, based on the console templates jointly developed by St. Louis Park and Motorola. • Coordinate the activities of all Motorola subcontractors under this contract. • Administer safe work procedures for installation. • Define heat load for equipment to be installed in the Customer-provided facilities. • Provide St. Louis Park with the appropriate system interconnect specifications. • Test features and functionality to ensure they are in accordance with manufacturers’ specifications. • Integration into the ARMER system. • Optimization and testing with customer to confirm operation using existing configurations. • If any major task as contractually described fails, repeat that particular task after Motorola determines that corrective action has been taken. • Document all issues that arise during testing. • Document the results of the acceptance tests and present to St. Louis Park for review. • Resolve any punchlist items before project completion. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-3: Statement of Work 5-3 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 61 ST. LOUIS PARK RESPONSIBILITIES St. Louis Park will assume responsibility for the installation and performance of all other equipment and work necessary for completion of this project that is not provided by Motorola. St. Louis Park general responsibilities include the following: • Assign a Project Manager, as the single point of contact responsible for Customer signed approvals. • Assign other resources necessary to ensure completion of project tasks for which the Customer is responsible. Coordinate the activities of all St. Louis Park vendors or other contractors. • Attend and participate in project meetings and reviews. • Provide ongoing communication, as applicable, with ARMER regarding the dispatch console project and schedule. • Work with Motorola to develop the Fleetmap and console template. • Unit ID’s for operator position. • Provide the monitors for the MCC console operator positions. No labor is included for changing the monitors. • Provide desk space (including desk furniture, as needed) for the console operator equipment at the St. Louis Park -provided facilities and the backroom equipment. • Insure communications sites meet space, grounding, power, and connectivity requirements for the installation of all equipment. • Obtain all licensing, site access, or permitting required for project implementation. • Provide and test required system interconnections including the network connections from the operator position to the computer room • Customer will provide a dedicated delivery point, such as a warehouse, for receipt, inventory and storage of equipment prior to delivery to the site(s). • Supply adequately sized electrical service, backup power (UPS, generator, batteries, etc.) including the installation of conduit, circuit breakers, outlets, etc., at each equipment location. Provide AC power (dedicated 20 Amp AC outlets–simplex with ground) for each major piece of equipment within six (6) feet of the location of the Motorola-supplied equipment, including the associated electrical service and wiring (conduit, circuit breakers, etc.). • Provide adequate HVAC, grounding, lighting, cable routing, and surge protection (also, among existing and Motorola-provided equipment) based upon Motorola’s “Standards and Guidelines for Communication Sites” (R56). Ceiling (minimum 9 feet) and cable tray heights [minimum eight (8) feet] in the equipment rooms in order to accommodate seven (7)-foot, six (6)-inch equipment racks. • Provide a grounding system to Motorola’s “Standards and Guidelines for Communication Sites” (R56) and supply a single point system ground, of five (5) ohms or less, to be used on all FNE supplied under the Contract. Supply grounding tie point within 10 feet from the Motorola- supplied equipment. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-3: Statement of Work 5-4 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 62 • Provide free and open access to all owned or leased sites of work. This includes but is not limited to, the following: − Provide escort at no charge, if escorts are required at any particular site. The availability of such escort shall not be unreasonably withheld. − Arrange site permission; provide keys to all the locks at sites and/or temporary identification cards should be issued to Motorola personnel if required for access to the sites. − Provide site access to all sites for Motorola personnel and Motorola's subcontractors for the purpose of installing, and optimizing Motorola provided equipment, and for testing of the equipment and system operation. − Provide any required parking permits to Motorola personnel for restricted access entry and/or parking. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-3: Statement of Work 5-5 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 63 SECTION 6 EXHIBIT C-4: ACCEPTANCE TEST PLAN Please see the following pages for the Acceptance Test Plan (ATP). St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-7 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 64 MCC 7500 TRUNKING FEATURES 6.1.1 Talkgroup Selection and Call 1. DESCRIPTION The Talkgroup Call is the primary level of organization for communications on a trunked radio system. Dispatchers with Talkgroup Call capability will be able to communicate with other members of the same talkgroup. This provides the effect of an assigned channel down to the talkgroup level. When a Talkgroup Call is initiated from a subscriber unit, the call is indicated on each dispatch operator position that has a channel control resource associated with the unit's channel/talkgroup. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - TALKGROUP 1 RADIO-4 - TALKGROUP 2 C1 - TALKGROUP 1 VERSION #1 SPS #7.2 2. TEST Step 1. Initiate a wide area call from any operator position on TALKGROUP 1. Step 2. Observe that RADIO-1 and RADIO-3 will be able to monitor the call. De-key the console and have either radio respond to the call. Step 3. Observe that all Consoles with TALKGROUP 1 can monitor both sides of the conversation. Step 4. Initiate a wide area call from any operator position on TALKGROUP 2. Step 5. Observe that RADIO-2 and RADIO-4 will be able to monitor the call. De-key the console and have either radio respond to the call. Step 6. Observe that all Consoles with TALKGROUP 2 can monitor both sides of the conversation. Pass____ Fail____ N/A____ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-8 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 65 6.1.2 Secure Talkgroup Selection and Call 1. DESCRIPTION Digital encryption is used so only properly equipped and configured subscribers can monitor the conversation. A "Key" is used to encrypt the transmit audio. Only radios and Consoles with the same "Key" can decrypt the audio and listen to it. Note: Radios used in this test must be secure capable. SETUP RADIO-1—Secure Talkgroup 1 (Secure TX) CONSOLE-1—Secure Talkgroup 1 VERSION #1.02 SPS #7.6 2. TEST Step 1. Initiate a wide area secure call from CONSOLE-1 on Talkgroup 1. Step 2. Verify RADIO-1 can monitor and respond to the secure call Pass____ Fail____ N/A__ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-9 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 66 6.1.3 Console Instant Transmit 1. DESCRIPTION The instant transmit switch provides immediate operator access to a channel, independent of its select status (selected or unselected). It provides priority over other dispatcher transmit bars or optional footswitches. SETUP RADIO-1 - TALKGROUP 2 RADIO-1 - SITE - SITE 1 CONSOLE-1—TALKGROUP 1 VERSION #1.060 2. TEST Step 1. Depress the Instant Transmit button on the TALKGROUP 2 radio resource. Step 2. Verify that the Transmit indicator is lit. Step 3. Verify that outbound audio is heard on RADIO -1. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-10 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 67 6.1.4 PTT Unit ID/Alias Display 1. DESCRIPTION Console operator positions contain various resources such as talkgroup, multigroup, Private Call which enables the dispatcher to communicate with the subscriber units. If activity occurs on one of these operator position resources, the unit ID or associated alias of the initiating radio appears at the console resource. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.030 2. TEST Step 1. Select the resource for TALKGROUP 1 on CONSOLE-1. Step 2. Initiate a call on TALKGROUP 1 from RADIO- 2 and observe that the alias is seen at CONSOLE-1 in the resource window as well as in the Activity Log window. Step 3. Initiate a call from RADIO-1 and observe that the alias of RADIO-1 is seen at CONSOLE-1 in the resource window as well as in the Activity Log window. Pass____ Fail____N/A______ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-11 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 68 6.1.5 Emergency Alarm and Call Display Description 1. DESCRIPTION Users in life threatening situations can use the emergency button on the radio to send an audible alarm and a visual alarm signal to a console operator in order to request immediate system access to a voice channel for an emergency call. An emergency alarm begins after the radio user presses the radio's emergency button. Pressing the emergency button places the radio in "emergency mode". To begin an emergency call, the radio user must press the radio's PTT button while in "emergency mode." The assigned voice channel will be dedicated to the emergency caller's talkgroup for an extended period of time, equal to the Message Hang Time plus the Emergency Hang Time. As with other call types, emergency calls can operate across sites as well as within the same site. SETUP RADIO-1 - TALKGROUP 1 VERSION #1.050 2. TEST Step 1. Select an MCC 7500 operator position in the zone where RADIO-1 is affiliated for the test. Step 2. Initiate an Emergency Alarm from RADIO-1. Step 3. Observe the Emergency from RADIO-1 is received at the MCC 7500 operator position for TALKGROUP 1. Step 4. Acknowledge the Emergency at the MCC 7500 operator position. Verify that another operator position affiliated to TALKGROUP 1 receives notification that the call has been acknowledged. Step 5. Key RADIO-1 to initiate an Emergency call to the MCC 7500 operator position and reply to the radio from the operator position. Observe that the call takes place. Step 6. Clear the Emergency from the MCC 7500 console on TALKGROUP 1. Step 7. Reset RADIO-1 by holding the Emergency button on the radio. Pass____ Fail____ N/A____ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-12 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 69 6.1.6 Console Initiated Private Call 1. DESCRIPTION Private Conversation is a selective calling feature which allows a dispatcher or radio user to carry on one-to-one conversation that is heard only by the two parties involved. Subscriber units receiving a private call will sound an alert tone. As with other call types, Private Calls operate across sites as well as within the same site. Note: Private calls between the MCC 7500 and Gold Elite consoles are NOT supported. SETUP RADIO-1 - TALKGROUP 1 VERSION #1 SPS #7.2 2. TEST Step 1. Select an operator position for testing. Step 2. Select the "PRIVATE-CALL" tile. Step 3. Click the button on the tile that provides the Private Call function. Step 4. Select the unit to be Private Called, in this case RADIO-1. (or select the numeric keypad and enter the Unit ID to be Private Called.) Step 5. Click the Send button. Step 6. Answer the Private Call with RADIO-1 and respond to the console. Step 7. After completing the Private Call, return to the normal talkgroup mode. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-13 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 70 6.1.7 Call Alert Page 1. DESCRIPTION Call Alert Page allows a dispatcher to selectively alert another radio unit. The initiating radio will receive notification as to whether or not the call alert was received. Units receiving a Call Alert will sound an alert tone and show a visual alert indication. The display will also show the individual ID of the initiating radio unit. After receiving the Call Alert, the radio can respond with either a Private Call or normal talkgroup call. This feature is fully supported on all display portables and mobiles. SETUP RADIO-1 - TALKGROUP 1 VERSION #1 SPS #7.2 2. TEST Step 1. Select the call alert button in the "Private Call" resource window. Step 2. Enter the ID of RADIO-1. Step 3. Send the call alert to RADIO-1 by depressing the send button. Step 4. Verify that RADIO-1 receives the alert and that the ID of the console is shown. Step 5. Turn off RADIO-1. Step 6. Send the call alert to RADIO-1 again. Step 7. Verify that after trying to page RADIO-1, the console does display "Can not send call alert - target not found" in the summary list. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-14 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 71 6.1.8 Talkgroup Patch 1. DESCRIPTION Talkgroup Patch allows a dispatcher to merge several talkgroups together on one voice channel to participate in a single conversation. This can be used for operations involving two or more talkgroups/users that need to communicate with each other. Using the Patch feature, the console operator can talk and listen to all of the selected talkgroups grouped; in addition, the members of the individual talkgroups can also talk or listen to members of other talkgroups. Patched talkgroups can communicate with the console dispatcher and other members of different talkgroups because of the "supergroup" nature of the Patch feature. NOTE : If "secure" and "clear" resources are patched together, one repeater for each mode may be assigned per site. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - TALKGROUP 1 RADIO-4 - TALKGROUP 2 VERSION #1 SPS #7.2 2. TEST Step 1. Select an operator position for testing which contains TALKGROUP 1 and TALKGROUP 2. Step 2. At the desired operator position select one of the Patch tabs in the Patch/Multi-Select window. Step 3. Click the button on the patch that allows an operator to setup and edit a patch (note patch window turns blue). Step 4. Add TALKGROUP 1 and TALKGROUP 2 to the patch by selecting each resource tile. Step 5. Once the talkgroups are added, click the patch setup button again to complete the patch setup. Step 6. Initiate several Talkgroup Calls between radios. Step 7. Observe that all radios are able to communicate with one another. Also via ZoneWatch (if available) observe that only one station is assigned at each of the two sites. Step 8. Initiate a call from the operator position using the Patch Transmit and observe that all radios are able to receive the call and only one station is assigned at each of the two sites. Step 9. Remove TALKGROUP 1 and TALKGROUP 2 from the patch. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-15 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 72 6.1.9 Multi-Select/APB 1. DESCRIPTION A Multi-Select (MSEL) allows a dispatcher to merge several talkgroups together on one voice channel to participate in a single conversation. This can be used for announcements to two or more channels or talkgroups for general broadcast purposes. Using the Multi-Select feature, the console operator can talk and listen to all of the selected talkgroups grouped; however, the members of the individual talkgroups cannot talk or listen to members of other talkgroups. Multi- selected talkgroups still only communicate with the console dispatcher and other members in the same talkgroup. A predefined multi-select configuration can be saved by the console operator as an All Points Bulletin (APB) for quick broadcast-type transmissions by the dispatcher. NOTE : If "secure" and "clear" resources are multi- selected, one repeater for each mode may be assigned per site. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 2 RADIO-3 - TALKGROUP 3 RADIO-4 - TALKGROUP 4 VERSION #1 SPS #7.2 2. TEST Step 1. Select an operator position for testing which contains TALKGROUP 1, TALKGROUP 2, TALKGROUP 3 and TALKGROUP 4. Step 2. At the desired operator position select one of the Multi-Select tabs in the Patch/Multi-Select window. Step 3. Click the button on the Multi-Select that allows an operator to setup and edit a multiselect (note: MSEL window turns green). Step 4. Add TALKGROUP 1, TALKGROUP 2, TALKGROUP 3 and TALKGROUP 4 to the Multi-Select by selecting each resource tile. Step 5. Once the talkgroups are added click the Multi- Select Setup button again to complete the Multi- Select setup. Step 6. Initiate a call from the operator position using the APB Transmit and observe that all radios are able to receive the call. Also via ZoneWatch (if available) verify that only one RF resource is assigned at any site where multiple radios are affiliated. Step 7. Remove all talkgroups from the Multi-Select. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-16 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 73 6.1.10 Console Priority 1. DESCRIPTION Console Operator Positions have ultimate control of transmitted audio on an assigned voice channel resource. The Console Position has the capability to take control of an assigned voice channel for a talkgroup call so that the operator's audio overrides any subscriber audio. Console priority is a feature that enables dispatchers to gain immediate access to an assigned voice channel so that a central point of audio control exists. SETUP RADIO-1 - TALKGROUP 1 RADIO-2 - TALKGROUP 1 VERSION #1 SPS #7.2 2. TEST Step 1. Initiate a Talkgroup call from RADIO-1 on TALKGROUP 1. Step 2. Observe that RADIO-2 receives the call. Step 3. While the call is in progress, key up any operator position at the console on TALKGROUP 1. Step 4. Observe that RADIO-2 is now receiving audio from the operator position. Step 5. De-key the Operator Position. Step 6. Verify RADIO-2 now receives RADIO-1 audio. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-17 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 74 6.1.11 Alert Tone Generation Trunking Resource 1. DESCRIPTION This test will demonstrate that the dispatch console is able to transmit Alert Tone on a trunking resource during the tone generation period. SETUP RADIO-1 - TALKGROUP 1 RADIO-1 - SITE - SITE 1 SITE-1 - ZONE 1 CONSOLE-1 -TALKGROUP 1 VERSION #1.01 SPS #7.2 2. TEST Step 1. Send an Alert tone from CONSOLE-1 Step 2. Verify that RADIO-1 hears Alert tone from CONSOLE-1 Step 3. Key up general transmit by using Console-1's mike or foot switch Step 4. Verify that RADIO-1 hears audio from CONSOLE-1 during the Alert Tone Talk Extend period. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-18 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 75 6.1.12 All Mute Operation 1. DESCRIPTION The All Mute icon allows the dispatcher to mute all audio routed to the UNSELECT speaker, so as not to interfere with the audio from the SELECT speaker. SETUP RADIO-1 - TALKGROUP 1 RADIO-1 - SITE - SITE 1 RADIO-2 - TALKGROUP 2 RADIO-2 - SITE - SITE 1 CONSOLE-1 - TALKGROUP 1 VERSION #1.030 2. TEST Step 1. Select the TALKGROUP 1 Resource Window at CONSOLE-1. Step 2. Verify that RADIO-1's audio can be heard at the SELECT speaker and that RADIO-2 audio can be heard at the UNSELECT speaker. Step 3. Depress the "ALL MUTE" icon, and verify that RADIO-2's audio cannot be heard from the UNSELECT speaker. Step 4. Verify that RADIO-1's audio can still be heard out of the SELECT speaker. Step 5. Press the "ALL MUTE" button again to un-mute the UNSELECT speaker. Step 6. Verify audio at both speakers. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-19 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 76 6.1.13 Activity Log 1. DESCRIPTION MCC 7500 Console activity log will show all traffic for the resource assigned to that console to include the time, radio alias, TG, PTT ID and Emergency Call. The dispatcher has the capability of selecting a logged call within in the "Activity Log Window" for instant transmit on the corresponding logged resource. This activity log can be logged to a text file for archival purposes. SETUP Ensure that "Log to File" option is enabled in the Elite Ad min Preferences Activity Log tab. Set up various radios to various talkgroups monitored by the Elite Dispatch being tested. VERSION #1.030 2. TEST Step 1. On the MCC 7500 select the "Show Activity Log" button on the tool bar to open the Activity Log Window. Step 2. Place several calls on various radios & talkgroups to log call information and insure calls are displayed in activity log window. Step 3. Select a logged call in the Activity Log Window and verify that the CCW at the top of the Activity log window changes to the corresponding resource. Verify the dispatcher is capable of responding via the instant transmit button. Step 4. Open the "Activity Text Document File" and verify call traffic has been archived to the document file . Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-20 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 77 6.2 MCC 7500 CONVENTIONAL FEATURES 6.2.1 Conventional Channel Call 1. DESCRIPTION The IP-based analog conventional feature provides radio users /dispatchers capability to communicate with other radio users /dispatchers listening to the channel. This test will demonstrate the MCC 7500 dispatcher can communicate to other radios and MCC 7500 dispatchers who are listening to the channel. SETUP An operational CCGW with an analog conventional channel (CCH1) configured to use Tone Remote Control (TRC) to key up the station. Note that the attached repeater/Base Station must be appropriately configured to work with TRC. The BS is tuned to F1 transmit/receive pair. This test requires two radios (RADIO-1, RADIO-2) tuned to the transmit frequency of the conventional voice channel (CCH1). One MCC 7500 Consoles C1 affiliated to the CCH1. VERSION #1 SPS #7.2 2. TEST Step 1. Initiate an analog conventional transmission from C1 on frequency F1 on CCH1. Step 2. Observe that RADIO-1, RADIO-2 and C2 hear C1. Step 3. Observe that C2 indicates the presence of transmission on the channel (transmit busy indication). Displays correct frequency. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-21 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 78 6.2.2 Frequency Selectable Conventional Resource 1. DESCRIPTION A Radio Resource is selected on the MCC 7500 consoles by placing the cursor over the Radio Resource (Channel Control Window), choosing an area and selecting. The Radio Resource choice area is the region where the name of the Radio Resource is located (Top alphanumeric line of the Radio Resource). When selected, the background of the Radio Resource will turn white and the border will turn green. Choosing the PTT button will send keying commands to the station. There is also a drop down arrow button that shows the hidden available functions of that particular Channel Control Window (ID Display, Coded/Clear Switch, Volume Control, Frequency Select, etc.). There are also receive / transmit mode indications that will appear in the Radio Resource area. The Frequency Select gives the option to choose 14 separate frequencies. SETUP RADIO-1 - CCH1 CONSOLE-1 - CCH1 VERSION #1.01 SPS #7.6 2. TEST Step 1. Select the CCH1 Radio Resource by moving the cursor over the Radio Resource's name and clicking the left mouse button. Step 2. Use the pull down list to select the first frequency in the list. Step 3. Select the corresponding frequency on RADIO- 1. Step 4. Verify communications between the console and RADIO-1. Step 5. Repeat steps 1-4 for the remaining frequencies in the drop down list as needed. Step 6. Repeat steps 1-3 for a sample of the remaining OPs as needed. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-22 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 79 6.2.3 Alert Tone Generation Conventional Resource 1. DESCRIPTION This test will demonstrate that the dispatch console is able to transmit Alert Tone on a conventional resource during the tone generation period. SETUP RADIO-1—CCH 1 CONSOLE-1 - CCH 1 VERSION #1.01 SPS #7.2 2. TEST Step 1. Send an Alert tone from CONSOLE-1 Step 2. Verify that RADIO-1 hears Alert tone from CONSOLE-1 Step 3. Key up general transmit by using Console-1's mike or foot switch Step 4. Verify that RADIO-1 hears audio from CONSOLE-1 during the Alert Tone Talk Extend period. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-23 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 80 6.2.4 Link Failure between MCC 7500 site and Zone Controller—Conventional Site Controller 1. DESCRIPTION This test verifies that if the communication paths between the MCC 7500 Console Site and Zone Controller are lost the Conventional site controller will take over and allow continued use of conventional channels connected to the local Channel Control Gateways. SETUP RADIO-1 - CCH 1 RADIO-2—CCH 1 RADIO-3 - CCH 2 RADIO-4 - CCH 2 Consoles C1 and C2 at the MCC 7500 Console site are affiliated to the CCH 1 and CCH 2. VERSION #1 SPS #7.2 2. TEST Step 1. Initiate a Call with RADIO-1 in CCH 1. Step 2. Observe that only RADIO-2 and the consoles C1 and C2 are able to monitor and respond to the call Step 3. Initiate a call with RADIO-3 in CCH 2. Step 4. Observe that only RADIO-4 and the consoles C1 and C2 are able to monitor and respond to the call. Step 5. Remove the WAN link from both the Primary Site Router and the Secondary Site Router at the Remote Console Site. Step 6. Observe that the calls on CCH 1 and CCH 2 fail and no there is no availability of the trunked talkgroups in the console. Step 7. Connect the WAN cables to normalize the system. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-24 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 81 6.3 MCC 7500 ADDITIONAL FEATURES 6.3.1 Headset Jack 1. DESCRIPTION Each operator position is equipped with 2 headset jacks. These jacks accept 4 or 6-wire headsets to be used to communicate over the radio system and the telephone system if connected. This test demonstrates that both headset jacks are able to be used for headset operation over the radio system. SETUP RADIO-1 CCH1 RADIO-2 CCH1 CONSOLE-1 - CCH1 CONSOLE-2 - CCH1 VERSION #1 2. TEST Step 1. Select CCCH1 on Console 1 communicate on CCH1 using Radio 1. Verify Radio 1 audio is heard on the Select Speaker of Console 1. Step 2. Insert headset into headset jack number 1. Repeat step one and verify Radio 1 audio is heard in the headset and not on the Select Speaker Step 3. Console 1 responds on CCH1 using the headset PTT (if available) and/or general transmit button. Step 4. Verify that Console 1 audio is heard on Radio 1. Step 5. Repeat steps 1-4 for headset jack #2. Pass____ Fail____ N/A___ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-25 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 82 Signoff Certificate By their signatures below, the following witnesses certify they have observed the System Acceptance Test Procedures. Signatures CUSTOMER WITNESS: Please Print Name: _______________________________________ Initials MOTOROLA WITNESS: Please Print Name: ________________________________________ Initials ___________________________________Date: ________ ___________________________________Date: ________ ___________________________________Date: St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-4: Acceptance Test Plan 6-26 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 83 SECTION 7 EXHIBIT C-5: PERFORMANCE SCHEDULE This preliminary schedule is included for informational purposes only and assumes that all Customer responsibilities as defined in the Statement of Work are completed, as required. A final project schedule will be developed based upon mutual agreement between Motorola and St. Louis Park at the customer design review (CDR). The dates for the installation and activation of the St. Louis Park system are highly dependent on the actual completion dates of the St. Louis Park, or their subcontractors, tasks associated with R56 upgrades, installation, cabling and providing unobstructed cable routes. Some of the tasks listed below can be run concurrently. Motorola’s preliminary schedule indicates total project implementation to be approximately 4 -5 months. The specific and detailed scheduled will be determined during the CDR. Preliminary Project Schedule Task Responsibility Task Duration Days Contract Contract Award St. Louis Park 0 Contract Administration Motorola 10 Project Kick-Off Motorola 8 Customer Design Review Review Customer Design & Approval Motorola & St. Louis Park 10 Order Processing & Equip Manufacturing Motorola 65 Equipment Staging Motorola 5 Link Installation & Testing St. Louis Park 15 Equipment Installation Motorola 23 MN/DOT Integration Approval St. Louis Park 30 System Optimization & Testing Motorola 25 Perform R-56 Audit Motorola 2 Cutover Motorola & St. Louis Park 5 Finalize Resolve Punchlist Motorola 9 Finalize Documentation Motorola 9 Final Acceptance Motorola & St. Louis Park 0 St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit C-5: Performance Schedule 7-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 84 SECTION 8 EXHIBIT D: SERVICE/WARRANTY 8.1 WARRANTY, SERVICE AND MAINTENANCE 8.1.1 System Life Cycle Support Motorola’s comprehensive warranty and maintenance services address all of St. Louis Park’s day-to- day and emergency communication needs for seamless System Operations. The Motorola approach provides a low risk, high value support solution that keeps St. Louis Park’s Radio System at optimum availability and ready to serve mission critical communications needs. Motorola has over 75 years of experience in supporting the mission critical communications of public safety and service agencies. Our technical and service professionals use a structured approach to life cycle system services to provide comprehensive maintenance and support of St. Louis Park’s system throughout its life cycle. The value of support is measured by system availability, which is optimized through the use of proactive processes, such as preventive maintenance, fault monitoring and active response management. System availability is a function of having in place a support plan delivered by highly skilled support professionals, backed by proven processes, tools, and continuous training. The critical nature of St. Louis Park’s operations demands a support program that is comprehensive, cost-effective, responsive, and low risk. Motorola’s years of experience, established support processes and robust capacity provides a support solution that perfectly fits St. Louis Park’s need for continuous network availability and seamless system support. Motorola provides a level of service that meets and exceeds St. Louis Park’s requirements. The Minnesota Metro/ARMER System has relied on Motorola Service and Support since the system’s inception. Motorola technical personnel have been involved with the implementation, warranty support and maintenance of every sub-system currently on the network. The experience and knowledge of this team stands at the ready to support St. Louis Park’s technically sophisticated and complex addition to this mission critical communications system. 8.1.2 Customer Support Plan Motorola is the largest and most experienced provider of public safety communications systems. We have extensive familiarity with the processes, procedures and functionality required to operate a wide area public safety system. With this level of experience, Motorola will customize a detailed Customer Support Plan for St. Louis Park that will allow us to maintain this Public Safety System through its life-cycle. Working with St. Louis Park personnel, Motorola will complete a detailed Customer Support Plan by the start of Final Acceptance Testing. This Customer Support Plan document will provide specific procedures and methods for effective service delivery and system restoral. The information supplied in this response will be incorporated into the Customer Support Plan. This document will also outline the escalation procedures to be used in maintaining the system. Key contact names, telephone numbers and pager numbers will all reside in the Customer Support Plan. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 85 The Customer Support Plan will be the reference document for use by St. Louis Park, Motorola, and Motorola’s Authorized Servicers. This document will be reviewed and updated on a regular basis and as needed. The Customer Support Plan will contain everything you need to know to take advantage of the services provided in your contract. This support plan is designed to help transition you from the pre- sales, staging, and installation phases to the delivery of life cycle support services for your system. Motorola supports your communication system with several expert service groups, each performing a specific function and working together to provide you with fast response and quick closure to issues. 8.1.3 The Motorola Service Delivery Team 8.1.3.1 Account Services Manager Your Motorola Account Services Manager provides coordination of support resources to enhance the quality of service delivery and to ensure your satisfaction. The Account Services Manager (CSM) is responsible to oversee the execution of the Warranty and Service Agreement and ensure that Motorola meets its response and restoration cycle time commitments. The CSM will supervise and manage the Motorola Authorized Servicer’s functions. 8.1.3.2 Motorola System Technologists The Motorola System Technologists (ST) are available to assist Motorola’s Authorized Servicers when needed for network health and operations. 8.1.3.3 Motorola System Support Center Located in Schaumburg, Illinois, the System Support Center (SSC) is a key component to the overall management and maintenance of St. Louis Park’s system. As detailed in this Customer Support Plan, the following services are provided by the System Support Center: • Sub-System Network Monitoring Operations. • Technician Dispatch Service. • Infrastructure Repair with Advanced Replacement. • Technical Support. 8.1.3.4 Motorola Local Service Provider Our proposed servicer is ANCOM in Burnsville, MN. ANCOM is an authorized Motorola Servicer and meets the ARMER Standard 4.10 to provide maintenance support on the ARMER Network. ANCOM organization has experience maintaining the types of equipment being provided to St. Louis Park. Under the direction of the Motorola Account Services Manager, ANCOM will provide on-site services to St. Louis Park. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 86 8.2 WARRANTY PERIOD SERVICES The Motorola Standard Commercial Warranty (“Warranty”), which is in effect for one year from the date of system acceptance, or a maximum of eighteen months from shipment of equipment from the factory, covers on-site repair during normal business hours (8:00am to 5:00pm, Monday to Friday) and replacement of defective hardware components. In addition, during the warranty period, Motorola will also deliver a “best-in-class” set of system services that has been tailored to meet the unique requirements of your addition to the Minnesota Metro/ARMER ASTRO® 25 SmartZone Radio System. Motorola system services are designed to optimize your system equipment availability and performance. This combination of service products is Motorola’s Custom Warranty package. In addition to the Standard Commercial Warranty, the service products that comprise the Custom Warranty package are listed below along with a brief description. Overview of Services Provided During the Custom Warranty Period Motorola Custom Warranty is comprised of the following service products for St. Louis Park: • On-Site Infrastructure Response. • Infrastructure Repair with Advanced Replacement. A detailed Statement of Work describing each of these service products can be found as an Exhibit of the Communications Service Agreement (“CSA”). The following services will be provided by Motorola during the warranty. Specific support services required for subsequent contracted Service Agreement years will be mutually determined by St. Louis Park’s and Motorola during the Warranty Period. 8.2.1 On-Site Infrastructure Response Service On-Site Infrastructure Response provides for Motorola’s Authorized Servicer to respond on site when dispatched by Motorola. Motorola will respond to issues as determined by predefined severity and response times. Severity 1 or Major Failures are dispatched twenty-four (24) hours a day, three hundred sixty five (365) days a year including holidays. On-site response will be within four (4) hours of the Dispatch call. If a second technician is required, the technician will arrive on-site within four (4) hours of notification from the first technician or SSC. On-site service for Minor Failures will be provided on business days within 24 hours of a call placed to the SSC. 8.2.2 Infrastructure Repair Service with Advanced Replacement Infrastructure Repair provides repair services to Motorola and select third party infrastructure equipment. The Motorola Authorized Service provider will remove and ship the malfunctioning equipment to the Motorola Infrastructure Depot Operations (IDO) for repair. Upon receipt of the malfunctioning equipment, SSC will repair and system test the equipment down to the component level utilizing automated test equipment. A system test will be performed to ensure the equipment functions properly and meets Motorola specifications. If available, the equipment will then be reprogrammed to the customer’s configuration. If the malfunctioning equipment is not manufactured by Motorola, it may be returned to the Original Equipment Manufacturer or third party vendor for repair. Motorola will coordinate and track third- party equipment sent to the original equipment manufacturer or third party vendor for service. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-3 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 87 Once the equipment is received from the SSC, the Motorola Authorized Service provider will either re-install the equipment or return it to the customer’s spare inventory. When available, Motorola will provide St. Louis Park with an advanced Field Replacement Unit (FRU) in exchange for St. Louis Park’s malfunctioning unit. Non-standard configurations and Customer-modified units are excluded from this service. Malfunctioning units will be evaluated and repaired by Motorola’s Infrastructure Depot Operations and returned to the Infrastructure Depot Operation’s FRU inventory upon completion of repair. 8.3 SERVICE DELIVERY PROCESS The following provides a sample process overview of Motorola’s actual service delivery plan. Motorola and St. Louis Park will review and mutually agree upon these processes prior to the start of the Warranty period. These will be identified in greater detail in the completed Customer Support Plan. 8.3.1 How to obtain Dispatch Service with On-Site Infrastructure Response Action Information Call the System Support Center 1-800-228-4500, pin 59876 Provide System ID SZ740F Site ID(s): Sites to be identified System /Name(s): Site Address: Monitored: Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at this time. Time available for call back Email address Standard Response Time RESPONSE Severity 1 4 hours Severity 2:* 4 hours Severity 3 * 1 day *Standard Business Days Case Number generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-228-4500, pin 59876. Case Number Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Coordination of Response The Motorola Local Service Provider will exchange FRU's, or take other appropriate action to restore the system. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-4 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 88 Action Information Verification Once the issue is resolved, the Motorola Local Service Provider will call the SSC Call Center to request verification The Customer Support Representative will call St. Louis Park’s Contact(s) as identified by St. Louis Park to verify proper system operation. Case Number Closure Once the resolution has been verified, the Case will be closed. 8.3.2 Severity Definitions Severity Level Problem Types Severity 1 Major system failure. 33% of System down. 33% of Site channels down. Response is provided Continuously. Severity 2 Significant System Impairment. Intermittent problems. System problems presently being monitored. Response during Standard Business Day. Severity 3 Parts Questions. Upgrades. Intermittent problems. Response during Standard Business Day. 8.3.3 How to obtain Infrastructure Repair Service Action Information Call the System Support Center 1-800-228-4500, pin 59876 to report a system problem. Retrieval of Equipment The procedures for Dispatch Services will be followed and the Motorola Local Service Provider will retrieve the malfunctioning equipment. Ship to SSC The Motorola Local Service Provider will obtain an Return Authorization (RA) number, and ship the equipment to the SSC for repair. Repair of Equipment The SSC will receive the equipment, repair and system test the Motorola manufactured boards/units down to the component level utilizing automated test equipment. If the equipment is not manufactured by Motorola, the unit may be returned to the Original Equipment Manufacturer (OEM) or third party vendor for repair. Return of Equipment SSC will return repaired equipment via 2-day delivery service. Motorola pays return delivery. Re-install of Equipment The Motorola Local Service Provider will either re-install the serviced unit or return the equipment to your spare inventory. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-5 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 89 8.3.4 How to obtain Technical Support Service Action Information Call the System Support Center 1-800-228-4500, pin 59876 Provide System ID SZ740F Site ID’s will be provided System/Name(s): Site Address: Monitored: Case created Caller will receive a Case number Problem Diagnosis & Issue Resolution The SSC’s System Technologists may dial into a system to more clearly define a problem and determine the area of failure in order to decide on the most suitable action plan. If the problem is beyond the scope of the SSC’s staff, they will contact key personnel who are involved with the design, development, and manufacture of your communication products. Case Closed The Case will be closed upon resolution of the issue. 8.3.5 How to obtain Network Preventative Maintenance Service Action Information Network Preventative Maintenance The SSC will notify Motorola Local Service Providers to schedule the Network Preventative Maintenance with the Customer based on the pre-determined schedule below. 8.3.6 The Network Preventative Maintenance Schedule Month/Year Site ID Address of Site Service Provider for Site Annually, dates to be determined by St. Louis Park Site ID’s will be provided — — 8.3.7 How to obtain Software Subscription Releases Action Information Receive Bulletins from Motorola Bulletins will be mailed to: St. Louis Park’s contact(s) as requested. Call Motorola to request the upgrade or enhancement Call the System Support Center at 1-800-228-4500, pin 59876 and request the upgrade. The SSC will initiate the processes for Software Upgrade Design services. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-6 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 90 8.4 GLOSSARY OF TERMS AND ACRONYMS CASE: Electronic tracking document for requests for service through the System Support Center. ETA: Estimated time of arrival is an estimate of when the field technician will arrive at the customer’s site. FRU: A FRU is a Field Replaceable Unit, which is any module or board that can be removed from a piece of fixed equipment and exchanged with an identical module or board. MOTORLA LOCAL SERVICE PROVIDER: A Motorola authorized service provider or a Motorola Field Technical Representative. RESPONSE: Response times are defined as having an on-site technician, a remote systems technologist or a remote network specialist having taken assignment of the issue and working on the system. RSC: Radio Support Center. RSS: Radio Service Software. SEVERITY: Each incoming call is assigned a severity level of Severity One, Two, or Three. Severity levels determine the Response Time Commitments. See Section 6.5 for your Severity Level definitions. SSC: System Support Center. CSM: Account Services Manager. CSR: Customer Support Representative. CSP: Customer Support Plan. 8.5 POST-WARRANTY SERVICE AND MAINTENANCE Motorola has provided an “estimated” or “budgetary” price for the first, five years of maintenance following expiration of the warranty period based on our experience of ARMER System Owner’s previous decisions as well as the known criteria. It is extremely difficult to be more specific for the following reasons: • The support offered during the Warranty period is a “bundled” package of services. St. Louis Park may or may not require or desire the same service product combination during Post- Warranty maintenance. • Certain service product pricing quoted in this response is established by the annually renewed State of Minnesota master support contract. At this time it is premature to predict how long the State will maintain this contract, what service products will be included and what the pricing will be on an annual basis. • Pricing contained in the aforementioned contract cannot be divulged with any agency until the actual contract is in force by the State of Minnesota, Department of Administration. For the purposes of this exercise, it is assumed the same suite of services will be desired by the Customer during the post-warranty period as those received during warranty and that no State of Minnesota master support contract would exist at the time post-warranty support would commence. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-7 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 91 We will be happy to work with St. Louis Park to ensure that a suitable level of service is attained along with the associated budgetary pricing that will meet your requirements for services that are not covered by the State of Minnesota master support agreement. Again, we would be pleased to discuss these options at the request of St. Louis Park given the content of the master contract at the time of warranty expiration. This budgetary quotation is predicated on a master support contract between the State of Minnesota and Motorola that will be agreed to for the entire Minnesota Metro/ARMER Radio System for the 2011 calendar year and beyond. Some services that we would normally recommend for your equipment are assumed to be covered under that agreement. This would include: Technical Support and Software Subscription Agreement. The following “estimated” or “budgetary” prices for year one through four of post-warranty maintenance for the proposed St. Louis Park equipment is based on the following equipment packages and quantities: 8.5.1 Main offering: Primary System Equipment Quantities: • One (1) Dispatch Site. − Three (3) MCC 7500 Operator Positions (Plus a “Patch” Position) − Three (3) APX 7500 Consolettes. Services Included (See Notes below): • On-Site Infrastructure Response. • Infrastructure Repair with Advanced Replacement. Total annual budgetary prices are: • Year 1 post-warranty—$8,640.00 • Year 2 post-warranty—$8,890.00 • Year 3 post-warranty—$9,160.00 • Year 4 post-warranty—$9,430.00 NOTES: 1. Currently, the following support products are included with the State of Minnesota Master Support Contract: • Technical Support. • Software Upgrade Assurance. • Security Update Service. • One (1) Dedicated Motorola Field Technician for OnSite Infrastructure Response of the Master Sites (Customer is responsible for remote sites). The individual agency cost allocation for this contract is assessed annually by MNDOT based on individual agency equipment quantities and is not included in the budgetary estimates provided. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-8 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 92 2. Software Installation has not been included because this service pricing can vary widely based on the type of upgrade required and historically, the software installation costs have been included in the overall upgrade price on a system-wide level. 3. The information provided in this quote is provided for informational (or budgetary) purposes only and does not constitute an offer to sell or license any Motorola product. This quote is not binding on Motorola and Motorola is making no representations, warranties, or commitments with respect to pricing, products, or terms and conditions which would require more information and further detailed analysis of the requirements for which this quote is requested. 8.6 CORPORATE QUALITY POLICY It is the intent of Motorola to produce and provide products and services of the highest quality, which are responsive to the needs of our customers. In these activities, Motorola will pursue goals aimed at the achievement of quality excellence. These results will be derived from the dedicated efforts of each associate in an environment, which is participative, cooperative, creative, and receptive to new ideas, as we collectively strive to achieve our Fundamental Objective of Total Customer Satisfaction. Dedication to quality is a way of life at our company, so much so that it goes far beyond rhetorical slogans. Our ongoing program of continuous improvement reaches out for change, refinement and even revolution in our pursuit of quality excellence. 8.6.1 Corporate Quality Goals Statement • Achieve SIX SIGMA and beyond results in everything we do; • Anticipate and excel in satisfying customers’ needs according to their expectations; and • Manage all functions of our business in the most responsive and timely fashion possible. 8.6.2 Implementation of Goals Every Business unit within the Corporation develops its own supportive policies, and the details are oriented toward every phase of its business. Each business establishes and maintains business improvement programs as applicable in product quality, reliability and services, customer driven satisfaction indices and responsiveness using Performance Excellence Scorecard. 8.6.3 Motorola Quality Assurance Program Motorola’s QAP specifies the controls necessary to achieve an effective and economic standard of quality. It also specifies that processes are in place to monitor the effect of product quality to ensure that safety, performance, and reliability that are consistent with the services to be provided under the contract. It is Motorola’s policy that quality standards be determined, achieved, and maintained throughout the contract, and the QAP provides for the detection of actual or potential deficiencies, marginal performance, and trends or conditions which could result in unsatisfactory performance. It is also our policy that this plan provide for timely and effective remedial and preventive action as well as the availability of objective evidence of inspections. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-9 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 93 Verification of Motorola’s quality assurance operations will be available to be confirmed by St. Louis Park. St. Louis Park’s confirmation may include: • Surveillance of the operations at the Customer Center for System Integration, to determine that practices, methods, and procedures of the program are being properly applied. • Inspection to measure quality of items to be delivered. • Inspection of items awaiting release for shipment, at the Customer Center for System Integration, to assure compliance with all requirements of the contract documents. Motorola’s QAP addresses Quality Assurance Program Organization, Vendor/Supplier Quality Programs, Quality Assurance Procedures, Procurement Quality Assurance, and Quality Assurance Audits. 8.6.4 Quality Objectives And Tasks The quality objectives for this project are to ensure that: • All delivered hardware and software products comply with the technical provisions of the contract specification. • All quality control, inspection, and testing comply with the technical provisions of the contract specifications and vendor quality procedures. • All materials, parts, components, and assemblies used conform to contract and technical provisions of the contract specifications and the quality procedures and work instructions applicable to this program. • All documentation, drawings, samples, certificates, and submittals comply with the contract and technical provisions of the contract specifications. • Subcontractors comply with their own internal quality procedures and work instructions applicable to the design, development, fabrication, test, and installation of hardware and software components. 8.6.5 Motorola Product Quality Motorola’s quality organization works closely with the field integration teams to provide the tools, information and resources needed to ensure total customer satisfaction. In the event that a problem is identified with Motorola manufactured subscriber equipment, the Project Manager will open a Global Customer Care request, which identifies all the technical issues related to the equipment. Each issue is assigned a case number and is tracked electronically for characterization and problem resolution with the field team, the quality organization, and the manufacturing group. The same process is followed for all infrastructure, drop ship equipment and non-technical issues by opening a Global Technical Support case. A Failure Review Board has been established to track all systemic defects for identification, tracking and prioritization for resolution. Motorola’s System Support Center, development engineering and the field teams work closely for identification of the root cause, characterization and timely resolution for each customer. When necessary, the problem is duplicated in a lab environment for further testing and problem definition. Regression testing and/or system integration testing is completed for factory ship acceptance. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-10 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 94 8.6.6 Motorola Service Quality Motorola has been the premier servicer of FM communications radio equipment since the inception of our National Service Organization in 1948. Our National Service Organization consists of over 800 Motorola Authorized Service Centers, Regional Support Centers, and Depots. Motorola's Service Centers are strategically located to provide national service on a local basis. Recently, Motorola introduced a major corporate-wide initiative—5NINES: SYSTEM AVAILABILITY. 5NINES, or 99.999% availability (no more than 5 minutes total downtime per year), is the telephony standard to which all Motorola wireless systems aspire. The Corporation has committed to a new design culture, ease of use and operational simplicity, robustness metrics, and common platforms and network architecture to achieve this. Motorola provides further resources through our organization of Account Services Managers, who work closely with our Service Centers and Customers to insure customer satisfaction. Motorola offers many levels of depth to back-up any service offering. Because our organization is national, if needed by reason of natural disaster or extreme need, we can call on trained and experienced technicians from every part of the country to provide service for our customers. St. Louis Park can be confident of receiving the highest level of service, as you would expect from the world's communications leader. Our Authorized Service Centers are staffed with factory trained and licensed technicians, equipped with state-of-the-art test equipment, and stocked with genuine Motorola replacement parts. Motorola recognizes the significant investment made by St. Louis Park in their critically important communications system. We recognize the need for expedient service and maintenance of an optimum operating condition for all of your equipment. Our Service Organization is dedicated to providing the highest quality of service available. We look forward to serving all of your present and future communications needs. St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit D: Service/Warranty 8-11 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 95 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 96 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 97 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 98 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 99 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 100 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 101 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 102 Statement of Work OnSite Infrastructure Response With Local Dispatch 1.0 Description of Service OnSite Infrastructure Response provides for on-site technician Response by a Servicer. A Servicer will respond to the Customer location based on pre-defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola Servicer has the following responsibilities: 2.1 Continuously receive service requests. 2.2 Assign and dispatch technical resources and provide estimated time of arrival (ETA) to Customer. 2.3 Servicer will perform the following on-site: 2.3.1 Run diagnostics on the Infrastructure or FRU. 2.3.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.3.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.3.4 If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer’s premises. 2.4 Verify with Customer that Restoration is complete or System is functional. If Customer cannot be contacted within twenty (20) minutes of Restoration, the Servicer will leave the Customer site. 2.5 Provide the service ticket document to Customer, when requested. Service ticket document should include the following: 2.5.1 Resolution action. 2.5.2 Provide defective FRU or part number (model #) used. 3.0 Customer has the following responsibilities: 3.1 Contact Servicer, as necessary, to request service Continuously. 3.2 Allow Servicers access to Equipment. 3.3 Supply Infrastructure or FRU as needed in order for Motorola to Restore the System as set forth in paragraph 2.3.2. 3.4 Maintain and store in an easily accessible location any and all Software needed to Restore the System. 3.5 Maintain and store in an easily accessible location proper System backups. 3.6 For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.7 Contact the Servicer upon expiration of Response time goal. 3.8 Upon being contacted by the Servicer requesting Verification of a Restoration as described above in Section 2.4, respond to that request within twenty (20) minutes. 3.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide this service to Customer. OnSite Infrastructure Response With Local Dispatch Approved by Motorola Contracts & Compliance: 8/10/11 Page 1 of 2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 103 Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously Major System failure 33% of System down 33% of Site channels down This level is meant to represent a major issue that results in an unusable system, sub-system, Product, or critical features from the Customer’s perspective. No Work-around or immediate solution is available. Severity 2 Response during Standard Business Day Significant System Impairment not to exceed 33% of system down System problems presently being monitored This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub-system, product, or major non-critical features from a Customer’s perspective Severity 3 Response during Standard Business Day Intermittent system issues Information questions Upgrades/preventative maintenance This level is meant to represent a minor issue that does not preclude use of the system, sub-system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table (Customer’s Response Time Classification is designated in the Service Agreement) Severity Level Regular Response Time Premier Response Time Limited Response Time Severity 1 Within 4 hours from receipt of Notification Continuously Within 2 hours from receipt of Notification Continuously Within 4 hours from receipt of Notification Standard Business Day Severity 2 Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day Severity 3 Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day OnSite Infrastructure Response With Local Dispatch Approved by Motorola Contracts & Compliance: 8/10/11 Page 2 of 2 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 104 SECTION 9 EXHIBIT E: SYSTEM ACCEPTANCE CERTIFICATE Customer Name: ______________________________________________________ Project Name: ________________________________________________________ This System Acceptance Certificate memorializes the occurrence of System Acceptance. Motorola and Customer acknowledge that: 1. The Acceptance Tests set forth in the Acceptance Test Plan for St. Louis Park have been successfully completed. 2. The System is accepted. Customer Representative: Motorola Representative: Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ FINAL PROJECT ACCEPTANCE: Motorola has provided and Customer has received all deliverables, and Motorola has performed all other work required for Final Project Acceptance. Customer Representative: Motorola Representative: Signature: ____________________________ Signature: ____________________________ Print Name: ___________________________ Print Name: ___________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ St. Louis Park January 2015 MCC 7500 Dispatch Console Proposal Use or disclosure of this proposal is subject Control No. PS-000041145 to the restrictions on the cover page. Motorola Solutions Confidential Restricted Exhibit E: System Acceptance Certificate 9-1 City Council Meeting of June 1, 2015 (Item No. 4i) Title: Dispatch Radio Console Replacement Page 105 Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4j EXECUTIVE SUMMARY TITLE: Approve Final Payment for Project 2016-1100 MSA Street Rehabilitation - Pennsylvania Avenue RECOMMENDED ACTION: Motion to Adopt Resolution authorizing final payment in the amount of $44,333.04 for Project 2016-1100 MSA Street Rehabilitation – Pennsylvania Avenue with Valley Paving, Inc., City Contract No. 47-14. POLICY CONSIDERATION: Not applicable SUMMARY: On May 19, 2014, the City Council awarded the bid for this contract to Valley Paving, Inc.. The work for this contract was finished last fall, and the contractor has requested final payment. The project consisted of the reconstruction of Pennsylvania Avenue from Wayzata Boulevard to Franklin Avenue including replacement of watermain, storm sewer construction, new curb and gutter, and bituminous rehabilitation. The Contractor completed this work within the contract time allowed. The final contract cost, $659,299.09, is 6.5% less than the final contract amount of $705,013.48. FINANCIAL OR BUDGET CONSIDERATION: The final contract cost for the work performed under Contract No. 47-14 has been calculated as follows: Original Contract Price (based on estimated quantities) $683,050.21 Change Orders 1 & 2 +$21,963.27 Final Contract Amount $705,013.48 Actual Amount Due (based on actual quantities) $659,299.09 Previous Payments -$614,966.05 Balance Due $44,333.04 This project was included in the City’s adopted 2014 capital budget. The work was funded by Municipal State Aid, for the street work and the Water Utility Fund for the watermain work. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Joseph Shamla, Sr. Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4j) Page 2 Title: Approve Final Payment for Project 2016-1100 MSA Street Rehabilitation - Pennsylvania Avenue RESOLUTION NO. 15-___ RESOLUTION AUTHORIZING FINAL PAYMENT AND ACCEPTING THE WORK ON PENNSYLVANIA AVENUE FROM WAYZATA BOULEVARD TO FRANKLIN AVENUE CITY PROJECT NO. 2016-1100 CONTRACT NO. 47-14 NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows: 1. Pursuant to a written contract with the City dated May 19, 2014, Valley Paving, Inc. has satisfactorily completed Project 2016-1100 MSA Street Rehabilitation - (Pennsylvania Ave.), as per Contract No. 47-14. 2. The Engineering Director has filed her recommendations for final acceptance of the work. 3. The work completed under this contract is accepted and approved. The final contract cost is $659,299.09. 4. The City Manager is directed to make final payment in the amount of $44,333.04 on the contract, taking the contractor's receipt in full. Reviewed for Administration: Adopted by the City Council June 1, 2015 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4k EXECUTIVE SUMMARY TITLE: Municipal State Aid System Revisions RECOMMENDED ACTION: Motion to Adopt Resolution revoking W. Lake Street between Brookview Drive and Minnesota 7 Service Road from the City’s Municipal State Aid System. POLICY CONSIDERATION: Does Council wish to revise the designation of certain Municipal State Aid Streets? SUMMARY: On May 18, 2015, the City Council approved the following resolutions: • Resolution 15-066 Resolution Establishing Certain Municipal State Aid Streets • Resolution 15-067 Resolution Revoking Certain Municipal State Aid Streets Upon review of the approved resolutions it was discovered that one street segment, W. Lake Street between Brookview Drive and Minnesota 7 Service Road, was inadvertently left off of Resolution 15-067 - Resolution Revoking Certain Municipal State Aid Streets. The attached resolution includes this street segment for revocation. Approving this segment revocation is necessary for the modifications to the MSA system. Attached is the City Council memo from the May 18 meeting with the background for this request. FINANCIAL OR BUDGET CONSIDERATION: Discussed in attached memo. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution May 18, 2015 City Council Memo and Attachments Prepared by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 4k) Page 2 Title: Municipal State Aid System Revisions RESOLUTION NO. 15-____ RESOLUTION REVOKING CERTAIN MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of St. Louis Park that the streets hereinafter should no longer be designated Municipal State Aid Street under the provisions of Minnesota Law; NOW, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the roads are described as follows, to-wit: be, and hereby are no longer established, located, and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon the Commissioner’s approval of the designation of said streets or portion thereof, that same no longer be constructed, improved, and maintained as a Municipal State Aid Street of the City of St. Louis Park. Reviewed for Administration: Adopted by the City Council June 1, 2015 City Manager Mayor Attest: City Clerk Street Name From To W. Lake Street Brookview Drive Minnesota 7 Service Road Meeting: City Council Meeting Date: May 18, 2015 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Municipal State Aid System Revisions RECOMMENDED ACTION: Motion to Adopt Resolution establishing certain Municipal State Aid Street segments and a resolution revoking certain Municipal State Aid Street segments. POLICY CONSIDERATION: Does Council wish to revise the designation of certain Municipal State Aid Streets? SUMMARY: The City St. Louis Park has 148.62 miles of street under its jurisdiction. A portion of these streets are designated and eligible for funding for replacement using Municipal State Aid funds (MSA). In 2014, Staff completed a city wide audit of the street mileage in St. Louis Park as a part of putting together our annual MSA certificate of mileage to MnDOT. During this review the following was determined: • There are a number of frontage roads in St. Louis Park that are maintained by the City but are located on MnDOT right-of-way. The streets were expending City resources but were not generating state aid funds for the City, because they were not considered a part of our overall City street mileage. • Some Municipal State Aid (MSA) street segments no longer met the requirements for being on the State Aid system. • There was excess mileage available for designation. To address these items, staff has put together recommended MSA system revisions. MnDOT State Aid has reviewed the recommended revisions and will approve this designation request upon receipt of a City Council resolution ordering the same. Revisions to the MSA system can be made until June 1 each year. FINANCIAL OR BUDGET CONSIDERATION: Annually, the City receives $1.7 million dollars in Municipal State Aid funds. The MSA funding formula is partially based on the mileage reported annually and partially based on population. The act of designating all of the mileage available to the City results in maximizing the funds available for maintenance and construction on Municipal State Aid Street segments. Approving these revisions is expected to result in an increase to our annual allotment from the State. Due to the nature of the State Aid funding formula it is difficult to give an exact number; however, staff expects it to be between $50- 75,000 in additional annual funding. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolutions (2) Frontage Road Release Maps Proposed System Revision Map Prepared by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager/HR Director City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 3 DISCUSSION BACKGROUND: Each year city engineers must submit the necessary information that explains their road, structure, and railroad crossing funding needs to the Commissioner of Transportation via the State Aid system. St. Louis Park has 148.62 miles of street under our jurisdiction. An urban municipality’s Municipal State Aid Street (MSAS) system is comprised of 20 percent of a city’s county road and local improved mileage. County roads and County State Aid Highways (CSAH) that have reverted back to the municipality may be included above the 20 percent mileage limitation. St. Louis Park can designate up to 31.92 miles of street as MSA. This is our 20 percent mileage (29.72) plus 3.54 miles for county road turnbacks. Currently, the City has 1.34 miles undesignated. The City Engineer of each urban municipality must submit a completed Annual Certification of Mileage form on or before January 15 of each year. Any system revisions must be approved by MnDOT State Aid by June 1. In 2014, Staff completed a city wide audit of the street mileage in St. Louis Park as a part of putting together our annual certificate of mileage. This review resulted in the following recommended revisions to the MSA system: Frontage Road Releases. There were a number of frontage roads in St. Louis Park that are maintained by the City but are located on MnDOT right-of-way. The streets were expending City resources but were not generating state aid funds for the City. In 2014, staff worked with MnDOT on the release of the frontage road right- of- way, and officially added 3.01 miles to our road network in December 2015. Adding these roads to our system increased our available 20 percent mileage by 0.60 miles. Attached are figures showing the frontage roads that were released by MnDOT to the City. MSA Revocations During our review of the system, staff determined that there were segments that either were not generating funds or were not eligible for State Aid designation. Staff recommends that the following segments be removed from the MSA system for the reasons detailed below. Proposed Revocations From To W. Lake Street Brookview Dr MN Hwy 7 Service Road -0.53 W. Lake Street MN Highway 7 MN Hwy 7 Service Road -0.02 W. Lake Street Walker Street MN Highway 7 -0.05 Future Street No. 284 W. 36th Street Park Commons Drive -0.32 Quentin Avenue Park Commons Drive Excelsior Boulevard -0.06 Total revoked mileage -0.98 When a segment is on the MSA system, the funding is based on the characteristics of the street. Details such as traffic volume, width, and material type are used to determine how much money each segment generates for the City. As a result, when a street segment is “non-existing” it does not generate funds for the City. The following street segments do not “exist” on the ground: • Future Street No. 284, (W. 36th Street and Park Commons Drive) and Quentin Avenue (Park Commons Drive to Excelsior Boulevard) City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 4 The majority of this MSA street segment does not exist. The “future street” has been included in planning documents, however, since it does not exist, it is not generating funds. Removing the “future street” makes the existing segment of Quentin no longer compliant with the minimum requirements for designation, so it is recommended for removal from the MSA system as well. • W. Lake Street (Mn Highway 7 and Mn Highway 7 Service Road) and (Walker Street and MN Highway 7) As a part of the Hwy 7/ Louisiana project, these segments of Lake Street were eliminated. In order for a segment to receive MSA designation it must terminate with another State Aid Street, a State Highway, or a County Roadway. The following street segment does not meet this minimum requirement: • W. Lake Street, between Brookview Drive and MN 7 Service Road. In addition to not meeting this requirement, Metropolitan Council is reconstructing this street as a part of their force main project, so it will not be requiring major maintenance for at least 20 years. Removing it from our system is recommended because it does not meet the minimum requirements, has low traffic volumes, and MSA construction funds are needed on other segments within the City. Excess Mileage As a result of Frontage Road releases and the recommended revocations, the City has excess mileage available for designation. Staff recommends the following segments be added to the MSA system: Proposed Additions Street Name From To Length (Miles) Wayzata Boulevard* Minnetonka City Limits Golden Valley City Limits 0.20 Wayzata Boulevard Louisiana Avenue Colorado Avenue 0.58 MN Highway 7 Service Road Texas Avenue W. Lake Street 0.49 MN Highway 7 Service Road W. Lake Street Wooddale Avenue S. 0.45 Texas Avenue N. MN Highway 7 MN Hwy 7 Service Road 0.02 Quentin Avenue Hwy 100 North Bound Frontage Cedar Lake Road 0.08 Old Cedar Lake Road Quentin Avenue MN Highway 100 Ramp 0.03 Zarthan Avenue Cedar Lake Road 16th Street 0.16 Total: 2.01 *Route addition approved by both Golden Valley and Minnetonka Once designated as MSA routes, MSA funds can be utilized for both maintenance and construction of these roads. What follows is a compilation of the proposed revisions discussed above (see next page). As you will see below .31 miles will still be undesignated, which is not unusual in the context of the total mileage we have available to us. City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 5 Proposed Additions Street Name From To Length (Miles) Wayzata Boulevard* Minnetonka City Limits Golden Valley City Limits 0.20 Wayzata Boulevard Louisiana Avenue Colorado Avenue 0.58 MN Highway 7 Service Road Texas Avenue W. Lake Street 0.49 MN Highway 7 Service Road W. Lake Street Wooddale Avenue S. 0.45 Texas Avenue N. MN Highway 7 MN Hwy 7 Service Road 0.02 Quentin Avenue Hwy 100 North Bound Frontage Cedar Lake Road 0.08 Old Cedar Lake Road Quentin Avenue MN Highway 100 Ramp 0.03 Zarthan Avenue Cedar Lake Road 16th Street 0.16 Total: 2.01 Revoke From To W. Lake Street Brookview Dr MN Hwy 7 Service Road -0.53 W. Lake Street MN Highway 7 MN Hwy 7 Service Road -0.02 W. Lake Street Walker Street MN Highway 7 -0.05 Future Street No. 284 W. 36th Street Excelsior Boulevard -0.32 Quentin Avenue Park Commons Drive Excelsior Boulevard -0.06 Total Revoked mileage -0.98 Unassigned Mileage: -1.34 Net Unassigned Mileage -0.31 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 6 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 7 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 8 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 9 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 10 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 11 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 12 2 0.58 Miles - AddWayzata BlvdFrom: Louisiana Ave STo: Colorado Ave 0.33 Miles - AddQuentin AveFrom: Hwy 100 NB FrontageTo: Cedar Lake Rd 0.62 Miles RequiredIn Golden Valley ToMake MSA Connection 0.20 Miles - AddWayzata BlvdFrom: Minnetonka City LimitsTo: Golden Valley City Limits 0.06 Miles RequiredIn Minnetonka ToMake MSA Connection 0.49 Miles - AddMN 7 Service RdFrom: Texas Ave NTo: W Lake St 0.45 Miles - AddMN 7 Service RdFrom: W Lake StTo: Wooddale Ave S 0.53 Miles - RevokeW Lake StFrom: Brookview DrTo: MN 7 Service RdMSA Route #281 0.38 Miles - RevokeFuture StreetFrom: W 36th StTo: Excelsior BlvdMSA Route #284 0.07 Miles - RevokeW Lake StFrom: Walker StTo: Brownlow AveMSA Route #281 0.02 Miles - AddTexas Ave NFrom: MN 7To: MN 7 Service Rd 0.16 Miles - AddZarthan AveFrom: Cedar Lake RdTo: 16th St Map Document: \\arcserver1\gis\STLP\_Basemap\ESRI\Maps\2015\MSA_Maps\Stlp MSA Option-1 11x17.mxdDate Saved: 4/22/2015 3:14:11 PMMSA Mileage Options Option 1 April, 2015 Legend MSA - Add (Approved)* MSA - Add MSA - Revoke MSA - Non Existing/Future MSA (Existing) MSA - Adjacent City (Pending)* CSAH Local Roads City Limits 0 0.5 Miles I Source: St. Louis Park, Hennepin County, MnDOT Information Current MSA Mileage Available = 1.34 Miles Add (Approved): MSA - Add (Approved)*= (0.20 Miles) Add: MSA - Add = (2.03 Miles) Revoke: MSA - Revoke = 0.98 Miles Proposed MSA Mileage Available =0.09 Miles *Route addition approved on April 15, 2015 City Council Meeting of June 1, 2015 (Item No. 4k) Title: Municipal State Aid System Revisions Page 13 Meeting: City Council Meeting Date: June 1, 2015 Consent Agenda Item: 4l OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MAY 6, 2015 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer, Lisa Peilen, Richard Person, Carl Robertson, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: None STAFF PRESENT: Ryan Kelley, Sean Walther, Deb Heiser, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of April 15, 2015 Commissioner Carper made a motion to approve the minutes of April 15, 2015. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 5-0-2 (Peilen and Person abstained). (note: Commissioner Robertson arrived at 6:05 p.m. Commissioner Kramer arrived at 6:08 p.m.) 3. Public Hearings A. Bridgewater - Comprehensive Plan Amendment Location: 4400 and 4424 Excelsior Boulevard and 3742 Monterey Drive Applicant: Dominium Development Case No.: 15-15-CP Ryan Kelley, Associate Planner, presented the staff report for the request to change the Comprehensive Plan Designation from COM – Commercial to MX – Mixed Use. He presented the applicant’s development concept plan. Mr. Kelley stated that three major concerns came forward from the April 21, 2015 neighborhood meeting. Those concerns were traffic and existing congestion at Park Commons Dr., overall development and intensification at this site and along Excelsior Blvd., and height. Mr. Kelley discussed the traffic study conducted by SRF Consulting. Commissioner Robertson said he wanted to stay focused on the Comprehensive Plan as there would be opportunity to analyze the proposed development later. He asked if this area was discussed as having an extension of Mixed Use the last time the city re- evaluated the Comprehensive Plan. City Council Meeting of June 1, 2015 (Item No. 4l) Page 2 Title: Planning Commission Meeting Minutes of May 6, 2015 Mr. Kelley responded the area has not been designated for Mixed Use. The C2 General Commercial zoning does allow for Mixed Use, and the Comprehensive Plan language also allows it to some level. The general proposal for what the development was as well as looking at Excelsior & Grand across Monterey, Mixed Use made more sense. Commissioner Johnston-Madison said she didn’t see anything in the plan which addresses long range vision and community goals that would cause the city to consider this change to the Comprehensive Plan. She said she was also concerned that the Planning Commission was not brought in to look at this in a study session like they have for other developments. She said that would have been beneficial to her in taking care of some of her questions. Commissioner Johnston-Madison said the current small businesses in the commercial strip providing good services to the community would be displaced. She spoke about Commissioner Kramer’s previously mentioned concern about the city losing mom and pop businesses. She said she questioned what the community goals are and what has been discussed. She said she didn’t think the Planning Commission had been involved in such discussions. She said she has a number of concerns about the traffic study. Commissioner Johnston-Madison stated that she is not confident that with the information provided the Commission can recommend the change at the meeting. She said the request needs a study session and she would recommend tabling the request and having the Commission meet with the City Council on it to understand what they are thinking about this particular area, the goals for Excelsior Blvd. and how many more apartments we want to put into this area. She commented that the road structure in the southeast corner of the city doesn’t accommodate the existing traffic. She asked the Commission to consider tabling the item. Mr. Kelley spoke about the long range vision and community goals generally outlined in the Comprehensive Plan. He said both changing to Mixed Use and the Comprehensive Plan language related to Mixed Use relates to urban design principles of creating a walkable environment, specifically a goal promoting high density residential development near commercial centers which Excelsior & Grand would be considered as well as the Excelsior Blvd. corridor. The Comprehensive Plan also includes a goal of locating high density residential development near transit service. Excelsior Blvd. is considered high frequency transit service. Mr. Kelley said there may be other goals or that may not be satisfactory for requesting the change. He said staff has spoken with the developer about an option to lease space to the existing businesses. He also spoke about economic development staff beginning to work on reaching out to businesses regarding relocation within the city. He commented that the loss of those businesses is not necessarily tied just to a land use change to MX. It is currently zoned C2 Commercial which does allow 6-story buildings. Someone could also combine the two parcels or build on one of the parcels, in which case the small businesses would need to relocate even without the land use change. Commissioner Johnston-Madison said a 6-story building would be an office building and currently no one is building office buildings so that wouldn’t be a concern. She said the city still needs to be asking if it wants to lose its current business owners which provide services to the neighborhood. She said when the developer was asked by a resident what kind of retail was anticipated, the answer was high end retail. City Council Meeting of June 1, 2015 (Item No. 4l) Page 3 Title: Planning Commission Meeting Minutes of May 6, 2015 Commissioner Carper discussed options for development under current Comprehensive Plan and Zoning designations. Commissioner Carper asked if the bank would have drive-thru banking. Mr. Kelley said drive-thru is not a part of Bridgewater Bank’s typical operating model and that a drive-thru could be prohibited through the PUD zoning if this development moved forward. Commissioner Kramer spoke about the recession and the Tower Light MX development difficulty with filling commercial spaces. He said he still sees commercial vacancies in that area. He asked if new spaces will be utilized any differently. Mr. Kelley said Dominium Development proposed the square footage for the commercial space under discussion. Commissioner Johnston-Madison said there are development guidelines on Excelsior Blvd. in reference to Park Commons redevelopment project which includes Excelsior & Grand. She said those guidelines reference 2 to 4 stories on properties built between Park Commons Blvd. and Excelsior Blvd. Mr. Kelley responded that Park Commons guidelines do not extend past Monterey Dr. Commissioner Johnston-Madison said the city doesn’t have established guidelines or even any long term vision or goals discussed with Planning Commission and City Council as to the future of the properties. She stated she thinks the Commission needs more time to consider the area. Ron Mehl, Dominium Development, said 10,000 sq. ft. will be Bridgewater Bank on the corner of Monterey and Excelsior. 7,000 sq. ft. remains for commercial. None of it is designed for restaurant use. He spoke about the housing component. Commissioner Tatalovich asked if the applicant would be applying for Tax Increment Financing. Mr. Mehl responded that Dominium may be exploring Tax Increment Financing. Chair Person opened the public hearing. Thomas Griffiths, 3944 Natchez Ave. S., said he is a 70-year resident and said he’s never seen the community grow as rapidly as it has in the last few years. He asked what is meant by 95 a.m. peak period trips in the traffic study. Deb Heiser, Engineering Director, explained that traffic studies look at the busiest times of day. The a.m. peak is between 7 and 9. She explained existing and proposed land uses are looked at. The Institute of Traffic Engineers Manual, containing thousands of studies, uses and models, is used in predicting directionality and how many trips are proposed. City Council Meeting of June 1, 2015 (Item No. 4l) Page 4 Title: Planning Commission Meeting Minutes of May 6, 2015 Mr. Griffiths asked what kind of traffic study has been done for residential going from 40th and Wooddale all the way down to Joppa. He said he is very concerned about cut- through traffic on 40th in late afternoon. Mr. Griffiths said the proposed developments will increase right hand turns on Excelsior and Wooddale to 40th going east all the way to Joppa. Ms. Heiser spoke about the 2001 Excelsior Blvd. Corridor Study, Met Council macro model, regional growth models, City Comprehensive Plan and development traffic studies which occur periodically. Steve May, 3901 Joppa Ave. asked if the traffic study considered the issue of parking that would occur in the south side of Excelsior Blvd. neighborhoods due to the development. He said he and other residents would like to see a joint traffic study for the Bally and Bridgewater developments. He said at one time four stories were appropriate and it is just a marketplace situation now to make it five stories. He said he would like the developer to find a different way. He asked for a city evaluation of development going east from Monterey to France on the north side of Excelsior. Courtney Nichols, Park Health and Rehabilitation Center, 4415 W. 36 ½ St., which shares a parking lot and backs up to the proposed area said that her concerns regard the 1/3 parcel portion parking lot. She said a lot more parking will be needed. The proposed parking structure eliminates or greatly reduces the parking her staff will have. Emergency medical vehicles currently turnaround in the existing shared parking area. That area would be eliminated. The facility also has large delivery trucks which use that area for turnaround. Ms. Nichols said she needs to see what parking access her staff would have and what the proposed structure for emergency medical vehicles turnaround would be. Sara Bergen, 2939 Princeton, said her concern regards traffic at Park Commons and Monterey. She said given the way the city is moving, ultimately the Comp Plan change makes sense and would probably be what would end up from a more careful planning look at the north side of Exc. Blvd. She added that she agreed with Commissioner Johnston-Madison’s call for prudence and taking some time in doing that might give everyone more of a chance to see what St. Louis Park wants going forward for that side of Exc. Blvd. Ms. Bergen said having six story residential probably makes sense. She spoke about the difficulty of coming out of Trader Joe’s and taking a left. She said there are too many lanes for signage about not blocking the intersection to be beneficial. It needs to be safe. She said she doesn’t mind traffic backing up in the name of safety. Ms. Bergen said she asked that safety be kept in mind going forward on plans for the intersection. Rebecca Phelan, 3944 Joppa Ave. S., said she is very concerned about more congestion and safety issues at Excelsior and Monterey. She said she is also concerned about the displacement of businesses. She asked that the Council look carefully at this and work on developing a plan that will serve the people of St. Louis Park. Hemant Nartsumam, 4525 Park Commons Dr., said he lived in the Trader Joe’s building. He asked about the anticipated construction time. He asked about B and C access points. He spoke about the traffic study and asked if there was analysis done about the City Council Meeting of June 1, 2015 (Item No. 4l) Page 5 Title: Planning Commission Meeting Minutes of May 6, 2015 bottlenecks. He said B and C would likely be peak bottleneck areas. He said trips taken have been studied but how about time spent in the vehicle. Mr. Mehl said approximately 14 months is anticipated for construction. Ms. Heiser discussed average time is based on counts taken at an intersection. Average delay is 19 seconds for A.M. peak at Excelsior and Monterey, Level Service B. Average delay is 30 seconds for P.M. peak, Level Service C. Levels C, D, and E are considered acceptable in a metropolitan area. Ms. Heiser stated that the traffic study details all the existing and proposed. The study reports there is no change, which means no noticeable change in the average level of services at time delay. Mr. Nartsuman said he agreed with Commissioner Johnston-Madison that more time needs to be taken to understand the implications of the proposal. Steve Frank, 3940 Joppa Ave. S., said he wanted to make some comments that he’s heard from other members of the community. He said it is very exciting that the city is so attractive to many developers and he is not anti-development. He added that the city needs to be smart on how it approaches development. He said he finds it difficult to understand how traffic studies for the Bridgewater site and the Bally’s site, in close proximity, indicate there will not be any change in service of traffic. He said many community members are concerned about this. Mr. Frank said he is concerned about the proposed height, sight lines, aesthetics, and look and feel in the community. He said he is also concerned about displacement of businesses and high rent. He said he agreed with Commissioner Johnston-Madison that the city needs to take the appropriate time for these large decisions that will impact the community. Mr. Griffiths, 3944 Natchez Ave. S., asked about taxes from the development. Mr. Kelley responded he doesn’t know tax details for residential and commercial uses. Typically the tax base would increase. Chair Person remarked that information wouldn’t come to the Planning Commission. Commissioner Johnston-Madison asked about Tax Increment Financing and the proposal. Sean Walther, Senior Planner, said he doesn’t know the tax rate or the measures expected but if there is a TIF request the city will review the pro forma for the development. He said a minimum assessment is required as part of an agreement with TIF. The Chair acknowledged correspondence received from Rosanne Farrell, 4525 Park Commons Drive, who mentioned many of the concerns brought forward by citizens at the public hearing. Correspondence was also received from Meghan Phimister and Andrea and Samir Bouzrara who noted similar concerns. The Chair closed the public hearing as there was no one else present wishing to speak. Commissioner Robertson said the amendment makes sense for the site but changing the Comp Plan helps facilitate the development which facilitates more traffic. The city needs City Council Meeting of June 1, 2015 (Item No. 4l) Page 6 Title: Planning Commission Meeting Minutes of May 6, 2015 to look at spots like Excelsior and Monterey and other growth areas in terms of traffic tie- ups. He commented the developer knows it’s going to be an uphill battle for this size of a building. The addition of affordable units is admirable but a larger building is necessary to make it work. He said he isn’t as concerned about the traffic counts, as these numbers are small in the bigger picture, but cut through and parking are issues. He said there will be a lot of review on the proposal coming up through the process and he does support the Comprehensive Plan change. Commissioner Kramer acknowledged Commissioner Robertson’s remarks. He spoke about existing traffic problems at the intersection and encouraged the developer to make the situation better, not worse. He said he would like to encourage affordable mom and pop business spaces. He said it is difficult for local non-chain businesses to get into new development spaces on Excelsior Blvd. Commissioner Johnston-Madison spoke about not having guidelines or a vision for the north side of Excelsior Blvd. at that intersection. She asked if mixed use should go on that corner. She asked if mixed use should be all along the north side of Excelsior. The north side hasn’t had a study like the south side of Excelsior Blvd. The Planning Commission needs to ask staff and City Council in a study session how the city is going to define goals and vision of Exc. Blvd. east of Excelsior and Monterey. She said she is not convinced it should be mixed use. Commissioner Johnston-Madison suggested tabling the request for further study. Chair Person said he agreed with remarks made by Commissioners Robertson and Kramer. He said concerns have been heard regarding Excelsior Boulevard for the past 1- 2 years. He said he recommends approval for the Comprehensive Plan amendment, noting further review of the proposal will occur through future applications required. Commissioner Johnston-Madison made a motion recommending that taking into account comments from the public hearing that the Planning Commission table the request and consider it very soon in a study session with City Council whether this parcel should be MX, as well as the future vision of the north side of Excelsior Blvd. The motion failed for lack of a second. Commissioner Robertson made a motion to recommend approval of the Comprehensive Plan amendment. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-1 (Johnston-Madison opposed). B. Preliminary and Final Plat; Preliminary and Final PUD – The Shoreham Location: 3907 & 3915 Hwy. 7; 3031 Glenhurst Avenue; 3914 & 3918 31st Street W. Applicant: Bader Development Case Nos.: 15-11-S and 15-12-PUD Ryan Kelley, Associate Planner, presented the staff report. Mr. Kelley discussed the France Ave. ROW which exists in both Minneapolis and St. Louis Park connecting between CSAH 25 and 31st St. He noted that the existing France City Council Meeting of June 1, 2015 (Item No. 4l) Page 7 Title: Planning Commission Meeting Minutes of May 6, 2015 Ave. doesn’t meet minimum city requirements or engineering standards. At the Comprehensive Plan amendment stage, staff indicated that some kind of reconstruction of France Ave. would have to occur. He spoke about the proposed connection of France Ave. to 31st St. He discussed neighborhood meetings where the France Ave. options were discussed. He said there is a mix of support and opposition to connecting France to 31st. The City of Minneapolis has notified staff that their property owner does not support the connection, and that the City of Minneapolis does not support connecting using their ROW. Mr. Kelley noted the option for France Ave. shown in the staff report is no longer an option for connecting using Minneapolis ROW. The PUD and plat are sited to allow France Ave. to have a number of options. Staff will be presenting a couple of options to the City Council on May 11. Mr. Kelley said two comments have been received which suggested that units along 31st St. be for-sale units. All other comments received related to France Ave. Commissioner Peilen stated she lives in the area on Glenhurst Ave. She said the history is that the city never used to allow parking on the north side of Minnetonka Blvd. between France and Glenhurst. In recent years as the need for parking increased parking has been allowed making it harder to see cars coming down Minnetonka Blvd. Commissioner Carper asked what is available for DORA. Mr. Kelley reviewed the proposed DORA elements which do meet code requirements. Robb Bader, Bader Development, provided background information on the proposal. Commissioner Robertson stated he appreciated the quality of the proposal. He asked if there is a tenant for medical office. Mr. Bader responded they do have a tenant for medical office. Chair Person opened the public hearing. Gloria Wolfe, 3911 W. 31st St., said she is concerned about traffic. She is concerned about the possibility of opening France Ave. to 31st St. and unwanted traffic. Ms. Wolfe said she is concerned about the availability of trails, bike paths, and pedestrian sidewalks. She said she would encourage the developer to consider for-sale units facing 31st St. Owners would be more invested in the neighborhood. Sara Bergen, 2939 Princeton Ave., said she has no issues with the request but she is always concerned about pedestrian safety. She highlighted the problems at the area for vehicles, pedestrians and bikers. She hoped Minneapolis, St. Louis Park and the County could team up and create something workable for everyone. She distributed a photograph from the proposed development area looking north which she felt illustrates the difficult pedestrian environment. Ms. Bergen said she would love to see France connected to 31st and even to Excelsior Boulevard. Kristin Wolfe, 3907 W. 31st St., said there is very little green space and to continue France would displace some wild life. Opening France would bring France right to her City Council Meeting of June 1, 2015 (Item No. 4l) Page 8 Title: Planning Commission Meeting Minutes of May 6, 2015 front door. She said it is already very congested there and lots of speeding vehicles. Parking on both sides of the street already causes issues for emergency vehicles. Signs are often removed. Ms. Wolfe said she hoped the developer would provide affordable parking spaces to its tenants, so those parking spaces will be used. She said she opposes the opening up of France Ave. Chair Person acknowledged correspondence distributed to the Commission. Two letters were received from Gloria Wolfe, 3911 W. 31st St., with comments addressed by her above during the public hearing. Jenny DeVore, an owner of Calhoun West Apts., Lakewood Isles Apts., Greenway Commons Apts., and rental houses on West 31st St., conveyed her strong disapproval to proposed changes to France Ave. at 30 ½ St. Commissioner Tatalovich stated the developer’s proposal looks good. France Ave. will be worked on through the process. He said he would be voting in favor of a motion to approve the requests. Chair Person said the request was discussed in a study session so the Commission has had a lot of discussion about it. Commissioner Peilen said that she is frequently at the intersection of France Ave. and Minnetonka Blvd. She said for all the apartments that are there currently there is surprisingly little traffic at that intersection. Commissioner Peilen made a motion recommending approval of the Preliminary and Final Plat with Subdivision Variance, subject to conditions recommended by staff and to recommend approval of the Shoreham Preliminary and Final Planned Unit Development, subject to conditions recommended by staff. Commissioner Robertson seconded the motion, and the motion passed on a vote of 7-0. 4. Other Business 5. Communications 6. Adjournment The meeting was adjourned at 8:05 p.m. Submitted by, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: June 1, 2015 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Comprehensive Plan Amendment – “Bridgewater Development” RECOMMENDED ACTION: Motion to Adopt Resolution amending the Comprehensive Plan Land Use Map from COM – Commercial to MX – Mixed Use for properties: 4400 & 4424 Excelsior Blvd and 3743 Monterey Dr. POLICY CONSIDERATION: Does the City Council support the amendment to the Comprehensive Plan Land Use Map to facilitate platting and a planned unit development (PUD) for the redevelopment of the above properties to a mixed-use building? SUMMARY: A request to amend the City’s Comprehensive Plan Land Use Map has been submitted for 4400 & 4424 Excelsior Blvd and 3743 Monterey Dr. to change the land use designation from COM – Commercial to MX – Mixed Use. The amendment request is driven by a specific redevelopment concept of approximately 166 dwelling units, including some affordable units, at a residential density of 69 units per acre, and approximately 17,000 square feet of office and commercial space. The amendment would allow development that meets several of the land use and housing goals in the City’s Comprehensive Plan, including: - Promote human scale development; - Promote medium and high density residential development near commercial centers; - Ensure that new medium and high density residential development is near transit service; - Promote a mix of housing types that maintains a balance of affordable housing for low and moderate income households; - Use infill and redevelopment opportunities to help meet housing goals and promote higher density housing near transit corridors and employment centers. The Planning Commission held a public hearing on May 6, 2015 and recommended approval of the amendment request on a 6-1 vote. A supermajority of the City Council (five affirmative votes) is required to approve the amendment. FINANCIAL OR BUDGET CONSIDERATION: There are no financial implications related to the Comprehensive Plan Amendment. The developer will likely request TIF. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Resolution Aerial and Land Use Maps Excerpt of Planning Commission Minutes Proposed Development Site Plan and Related Documents Prepared by: Ryan Kelley, Associate Planner Reviewed by: Sean Walther, Senior Planner; Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 8a) Page 2 Title: Comprehensive Plan Amendment – “Bridgewater Development” DISCUSSION BACKGROUND: Bridgewater Bank owns 4424 Excelsior Blvd, a single-story multi-tenant building that contains several small retail stores, and 4400 Excelsior Blvd, where it has opened a local branch. The Economic Development Authority (EDA) owns 3743 Monterey Dr and has indicated to Bridgewater Bank and Dominium Development that it would be willing to sell the property in order to facilitate redevelopment of these properties. Bridgewater Bank and Dominium Development are owner partners in this project, with Dominium Development leading the redevelopment of the properties. Site Conditions: The three combined parcels are 2.42 acres in size and feature a single-story commercial building that houses several retail businesses and a two-story building that has recently been renovated and in which Bridgewater Bank has opened a local branch. The EDA-owned property is currently vacant. The proposed development is in the Wolfe Park Neighborhood and is just over one-half mile from the proposed Beltline Southwest LRT station. The site is also served by the number 12 bus route. The site is on the corner of Excelsior Boulevard and Monterey Drive, across Monterey Drive from Trader Joe’s. The properties are zoned C-2 Commercial, with 4400 Excelsior Boulevard split-zoned C-2 on the southern portion and R-4 Multiple Family Residence on the north. The site is generally flat along Excelsior Boulevard and Monterey Drive for approximately 90 feet toward the interior of the site, at which point there is an approximately 20 foot retaining wall. The northern portions of the site are also generally flat, but lying approximately 20 feet below the grade of Excelsior Boulevard. This northern portion of the site is predominantly a paved parking area. The site lies within the Minnehaha Creek Watershed District. Development Proposal: The developer proposes to remove the single-story commercial building and retain the two-story building where Bridgewater Bank is currently located. The development concept consists of approximately 166 apartment units, including 20% of the units as affordable at 50% of the area median income (AMI). The concept also includes approximately 10,000 square feet of commercial space where Bridgewater Bank would relocate their St. Louis Park branch, and approximately 7,000 square feet of general commercial/retail space. The development also includes three levels of structured parking, with the upper-most level at grade with Excelsior Boulevard and Monterey Drive. The proposed building would front Excelsior Boulevard and Monterey Drive. The building would be six stories, with the sixth story stepped back from the Excelsior Boulevard and Monterey Drive facades. The building would then step down to four stories at the northern end along Monterey Drive. Graphics and plans depicting the proposed buildings are included as attachments. The current site plan indicates the arrangement and footprint of the buildings as well as parking areas. The developer is working with an engineer to evaluate stormwater management on site and is communicating with the City’s Water Resources Manager. City Council Meeting of June 1, 2015 (Item No. 8a) Page 3 Title: Comprehensive Plan Amendment – “Bridgewater Development” Parking for residents would be provided in a ramp structure that would be under the building. Due to the topography, the two lower levels of parking would be visible from the interior, or north side of the site. The proposal also includes on-site surface parking for the bank, retail and guest parking at grade with Excelsior Boulevard and Monterey Drive. As proposed, the development exceeds the parking requirements found in the Zoning Ordinance, with a total of 383 spaces provided while 339 are required. The development is eligible for a transit reduction to the parking requirements for the bank and retail uses. The reduction is 10%, which would decrease the required non-residential parking spaces from 68 to 61 for a total of 332 required spaces. Access to the commercial parking is proposed from Excelsior Boulevard and Monterey Drive. Access to the two levels of structured residential parking is proposed off of Monterey Drive and potentially to the north of the site to 36 ½ St. via a private access easement. Further analysis by City engineering staff will be conducted in order to make a recommendation on the exact configuration for parking access to the residential parking. The concept site plan was designed to enhance the street frontage along Excelsior Boulevard and Monterey Drive by placing parking areas toward the rear of the site, and improving the landscaping and building design along each street frontage. The design concept maintains a similar building setback from Excelsior Boulevard as exists today, and provides an additional ten to twelve foot setback between the proposed building and Monterey Drive which would allow a wider sidewalk and landscaped boulevard. PRESENT CONSIDERATIONS: A request for amending the City’s land use plan and zoning map should be evaluated from the perspective of land use planning principles and community goals. These reflect the community’s long range vision and broad goals about what kind of community it wants to be and what makes strong neighborhoods. This amendment request is driven by a specific proposal for development. The request is for residential development at a density of approximately 69 units per acre, which is considered High Density (RH) in the Comprehensive Plan. Due to the proposed inclusion of office and commercial uses in the project, a change to MX – Mixed Use would be most appropriate. The amendment may be evaluated independently of the development proposal against the goals of the Comprehensive Plan for the subject properties. The amendment itself does not permit the proposed development, but is one step in the approvals process. General Consistency with the Comprehensive Plan The City’s land use plan should reflect the broad goals, policies and implementation strategies incorporated in the Comprehensive Plan. These elements are the basis for evaluating the requested change. The proposed change to the Comprehensive Plan map meets several of the Land Use and Housing Goals in the City’s Comprehensive Plan, including: - Promote human scale development; - Promote medium and high density residential development near commercial centers; - Ensure that new medium and high density residential development is near transit service; - Promote a mix of housing types that maintains a balance of affordable housing for low and moderate income households; - Use infill and redevelopment opportunities to help meet housing goals and promote higher density housing near transit corridors and employment centers. City Council Meeting of June 1, 2015 (Item No. 8a) Page 4 Title: Comprehensive Plan Amendment – “Bridgewater Development” Approving the Comprehensive Plan Land Use Map Amendment would allow for additional housing units, including affordable units, in an area that is well served by transit and is along a vibrant commercial corridor. The general area of the development proposal consists of a mix of single-family houses, three to four story apartment complexes, Excelsior & Grand, and commercial buildings. The Comprehensive Plan calls for an increase in the availability of neighborhood housing choices and a broader range of housing types. The proposed development would provide higher density apartment housing, including affordable units, in a building that complements the nearby Excelsior & Grand development. Availability of Infrastructure: • Water and Sewer: The City Engineer has reviewed the proposed development and found the public water and sanitary sewer infrastructure in the area to be adequate to serve the proposed development. • Traffic: A traffic study was completed and is attached to this report. The study includes an analysis of how the proposed development may impact the overall number of vehicle trips in the area as well as turning movements and the level of service of the following intersections: Excelsior Blvd/Monterey Dr, Excelsior Blvd/Kipling Ave, Excelsior Blvd/36 ½ St, Monterey Dr/Park Commons Dr, and Monterey Dr/36 ½ St. The study analyzed two scenarios which differed in site access points. The base scenario considered residential access from 36 ½ St on the north side of the site with no interior connection between residential parking levels, and the alternate scenario considered no general access from 36 ½ St with interconnected residential parking levels and all access to Monterey Dr, north of Park Commons Dr. The Comprehensive Plan identifies Excelsior Boulevard as an “A Minor Augmentor”, and Monterey Drive as a “Major Collector”, both of which have sufficient capacity for the proposed development. The development will of course generate additional trips based on redevelopment of the site. Projected “net new system trips” generated are: 95 a.m. peak hour, 113 p.m. peak hour and 1,036 daily trips. There are no significant changes to the overall intersection capacities and level of service (LOS) for Excelsior Blvd or Monterey Dr. Intersection impacts do occur for some side-streets, and the level of impact varies based on the access scenarios. More notable impacts occur in the base scenario to Kipling Ave and to a lesser degree to Park Commons Dr. The alternate scenario most significantly impacts Park Commons Drive with lesser impacts to all other side streets. City Staff are currently reviewing the study results and discussing potential options for traffic circulation. Staff are also in conversation with the study consultant on more detailed analysis, modeling and recommendations related to the roadway network and intersection control. This more detailed analysis will be carried out if the Amendment request is approved. • Storm Water: City engineering staff believes that the developer will be able to comply with storm water requirements. The application will be required to meet both City and Minnehaha Creek Watershed District requirements. Further detail will be provided if the Comprehensive Plan Amendment is approved and the project moves forward. City Council Meeting of June 1, 2015 (Item No. 8a) Page 5 Title: Comprehensive Plan Amendment – “Bridgewater Development” Park Facilities The subject properties are located in an area with wonderful park and open space amenities. Bass Lake Preserve and Wolfe Park are within one-quarter mile of the proposed development and access to the Cedar Lake Regional Trail, and the proposed Beltline LRT Station are just under three-quarters of a mile away. Impacts to Surrounding Properties and the Physical Character of the Neighborhood Removal of the existing buildings will change the character of the site. The proposed development generally follows the height, density and ground floor area ratio of the C-2 Commercial Zoning District, of which a majority of the site is currently zoned. The current development concept includes stepping back the sixth floor of the building in order to provide a more interesting building façade, and reduce the perceived building height. The most noticeable impact to the area would be the addition of a greater number of residents. An increase in residents provides a greater number of customers for local retail and activates the street frontage. Traffic of course is also increased, but not in a manner inconsistent with an urban environment and adjacent to a major County highway. Additionally, the site design provides more parking than the City’s minimum requirements. Public Process: A neighborhood meeting was held April 21, 2015. Approximately 25 people attended the meeting to review the concept development drawings and talk through the project. There were some attendees who supported the concept and others with concerns. Concerns generally related to: an increase in traffic, intersection congestion, a six-story building, shadowing, general redevelopment of properties, the loss of the existing retail tenants and concerns about losing the view from Excelsior & Grand. Comments of support generally included: like the overall building; appreciate that the sixth story is stepped back from Excelsior Boulevard; like the additional setback and landscaping along Monterey Drive; excited to have more people in the neighborhood to further support local commercial/retail businesses. The Public Hearing was held May 6, 2015. Many of the comments provided for the Hearing opposed the development concept due to concerns regarding height, the loss of the existing retail tenants, and traffic, especially at Park Commons Dr and Montery Dr. The Planning Commission recommended approval of the amendment request. An excerpt of the Planning Commission minutes are attached. Public Process: • July 14, 2014 : Council discussion at Study Session • April 13, 2015: Council report at Study Session • April 21, 2015: Neighborhood Meeting, City Hall Community Room • May 6, 2015: Planning Commission Public Hearing • May 20, 2015: Planning Commission Study Session • June 1, 2015: Council action on Comprehensive Plan Map Amendment Request City Council Meeting of June 1, 2015 (Item No. 8a) Page 6 Title: Comprehensive Plan Amendment – “Bridgewater Development” Summary: Requested is a Comprehensive Plan Land Use Map amendment to change the property at 4400 & 4424 Excelsior Blvd and 3743 Monterey Dr. from COM – Commercial to MX – Mixed Use. The Comprehensive Plan amendment must be approved prior to submission of other applications that would allow the developer’s proposal to continue through the public review process. Approval of the Comprehensive Plan Amendment alone, would not permit the proposed development to be built without additional development applications and public process. The proposed development provides for mixed-use, transit-oriented development in the project area and meets several of the Comprehensive Plan’s goals related to redevelopment. Staff and the Planning Commission recommend approval of the Comprehensive Plan Land Use Map Amendment. A supermajority (5 votes) is required to approve a Comprehensive Plan amendment. NEXT STEPS: If the City Council approves the Comprehensive Plan Amendment Request, staff will process the amendment through the Metropolitan Council. If the Metropolitan Council approves the request, the developer would then apply for: a preliminary and final plat and a preliminary and final PUD. The developer has also indicated they would likely request TIF assistance. City Council Meeting of June 1, 2015 (Item No. 8a) Page 7 Title: Comprehensive Plan Amendment – “Bridgewater Development” D R A F T RESOLUTION NO. 15-____ A RESOLUTION APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4400 and 4424 EXCELSIOR BOULEVARD and 3743 MONTEREY DRIVE WHEREAS, the 2030 Comprehensive Plan was adopted by the City Council on December 21, 2009 and provides the following: 1. An official statement serving as the basic guide in making land use, transportation and community facilities and service decisions affecting the City. 2. A framework for policies and actions leading to the improvement of the physical, financial, and social environment of the City, thereby providing a good place to live and work and a setting conducive for new development. 3. A promotion of the public interest in establishing a more functional, healthful, interesting, and efficient community by serving the interests of the community at large rather than the interests of individual or special groups within the community if their interests are at variance with the public interest. 4. An effective framework for direction and coordination of activities affecting the development and preservation of the community. 5. Treatment of the entire community as one ecosystem and to inject long range considerations into determinations affecting short-range action, and WHEREAS, the use of such Comprehensive Plan will insure a safer, more pleasant, and more economical environment for residential, commercial, industrial, and public activities and will promote the public health, safety, and general welfare, and WHEREAS, said Plan will prepare the community for anticipated desirable change, thereby bringing about significant savings in both private and public expenditures, and WHEREAS, the Comprehensive Plan has taken due cognizance of the planning activities of adjacent units of government, and WHEREAS, the Comprehensive Plan is to be periodically reviewed by the Planning Commission of the City of St. Louis Park and amendments made, if justified according to procedures, rules, and laws, and provided such amendments would provide a positive result and are consistent with other provisions in the Comprehensive Plan, and City Council Meeting of June 1, 2015 (Item No. 8a) Page 8 Title: Comprehensive Plan Amendment – “Bridgewater Development” WHEREAS, the Planning Commission of the City of St. Louis Park held a Public Hearing and recommended adoption of an amendment to the 2030 Comprehensive Plan on May 6, 2015, based on statutes, the Metropolitan Regional Blueprint, extensive research and analyses involving the interests of citizens and public agencies; WHEREAS, the City Council has considered the advice and recommendation of the Planning Commission (Case No. 15-15-CP); WHEREAS, the contents of Planning Case File 15-15-CP are hereby entered into and made part of the public hearing record and the record of decision for this case; NOW THEREFORE BE IT RESOLVED by the City Council of St. Louis Park that the Comprehensive Plan, as previously adopted by the Planning Commission and City Council, is hereby amended as follows: Change the land use designation as shown on the attached map from COM Commercial to MX Mixed Use. Reviewed for Administration: Adopted by the City Council June 1, 2015 Contingent upon approval of the Metropolitan Council City Manager Mayor Attest: City Clerk City Council Meeting of June 1, 2015 (Item No. 8a) Page 9 Title: Comprehensive Plan Amendment – “Bridgewater Development” SUMMARY FOR PUBLICATION RESOLUTION NO. 15-____ A RESOLUTION APPROVING AN AMENDMENT TO THE 2030 COMPREHENSIVE PLAN FOR THE CITY OF ST. LOUIS PARK UNDER MINNESOTA STATUTES 462.351 TO 462.364 4400 and 4424 EXCELSIOR BOULEVARD and 3743 MONTEREY DRIVE This resolution states that the land use designation of 4400 and 4424 Excelsior Boulevard and 3743 Monterey Drive will be changed from COM Commercial to MX Mixed Use. Adopted by the City Council June 1, 2015 Contingent upon approval of the Metropolitan Council Jeffrey W. Jacobs /s/ Mayor A copy of the full text of this resolution is available for inspection with the City Clerk. Published in St. Louis Park Sailor: June 11, 2015 City Council Meeting of June 1, 2015 (Item No. 8a) Page 10 Title: Comprehensive Plan Amendment – “Bridgewater Development” Aerial City Council Meeting of June 1, 2015 (Item No. 8a) Page 11 Title: Comprehensive Plan Amendment – “Bridgewater Development” Comprehensive Plan Land Use Map - Existing City Council Meeting of June 1, 2015 (Item No. 8a) Page 12 Title: Comprehensive Plan Amendment – “Bridgewater Development” Comprehensive Plan Land Use Map – Proposed City Council Meeting of June 1, 2015 (Item No. 8a) Page 13 Title: Comprehensive Plan Amendment – “Bridgewater Development” EXCERPTS - UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA May 6, 2015 – 6:00 p.m. COUNCIL CHAMBERS 3. Public Hearings A. Bridgewater - Comprehensive Plan Amendment Location: 4400 and 4424 Excelsior Boulevard and 3742 Monterey Drive Applicant: Dominium Development Case No.: 15-15-CP Ryan Kelley, Associate Planner, presented the staff report for the request to change the Comprehensive Plan Designation from COM – Commercial to MX – Mixed Use. He presented the applicant’s development concept plan. Mr. Kelley stated that three major concerns came forward from the April 21, 2015 neighborhood meeting. Those concerns were traffic and existing congestion at Park Commons Dr., overall development and intensification at this site and along Excelsior Blvd., and height. Mr. Kelley discussed the traffic study conducted by SRF Consulting. Commissioner Robertson said he wanted to stay focused on the Comprehensive Plan as there would be opportunity to analyze the proposed development later. He asked if this area was discussed as having an extension of Mixed Use the last time the city re- evaluated the Comprehensive Plan. Mr. Kelley responded the area has not been designated for Mixed Use. The C2 General Commercial zoning does allow for Mixed Use, and the Comprehensive Plan language also allows it to some level. The general proposal for what the development was as well as looking at Excelsior & Grand across Monterey, Mixed Use made more sense. Commissioner Johnston-Madison said she didn’t see anything in the plan which addresses long range vision and community goals that would cause the city to consider this change to the Comprehensive Plan. She said she was also concerned that the Planning Commission was not brought in to look at this in a study session like they have for other developments. She said that would have been beneficial to her in taking care of some of her questions. Commissioner Johnston-Madison said the current small businesses in the commercial strip providing good services to the community would be displaced. She spoke about Commissioner Kramer’s previously mentioned concern about the city losing mom and pop businesses. She said she questioned what the community goals are and what has been discussed. She said she didn’t think the Planning Commission had been involved in such discussions. She said she has a number of concerns about the traffic study. City Council Meeting of June 1, 2015 (Item No. 8a) Page 14 Title: Comprehensive Plan Amendment – “Bridgewater Development” Commissioner Johnston-Madison stated that she is not confident that with the information provided the Commission can recommend the change at the meeting. She said the request needs a study session and she would recommend tabling the request and having the Commission meet with the City Council on it to understand what they are thinking about this particular area, the goals for Excelsior Blvd. and how many more apartments we want to put into this area. She commented that the road structure in the southeast corner of the city doesn’t accommodate the existing traffic. She asked the Commission to consider tabling the item. Mr. Kelley spoke about the long range vision and community goals generally outlined in the Comprehensive Plan. He said both changing to Mixed Use and the Comprehensive Plan language related to Mixed Use relates to urban design principles of creating a walkable environment, specifically a goal promoting high density residential development near commercial centers which Excelsior & Grand would be considered as well as the Excelsior Blvd. corridor. The Comprehensive Plan also includes a goal of locating high density residential development near transit service. Excelsior Blvd. is considered high frequency transit service. Mr. Kelley said there may be other goals or that may not be satisfactory for requesting the change. He said staff has spoken with the developer about an option to lease space to the existing businesses. He also spoke about economic development staff beginning to work on reaching out to businesses regarding relocation within the city. He commented that the loss of those businesses is not necessarily tied just to a land use change to MX. It is currently zoned C2 Commercial which does allow 6-story buildings. Someone could also combine the two parcels or build on one of the parcels, in which case the small businesses would need to relocate even without the land use change. Commissioner Johnston-Madison said a 6-story building would be an office building and currently no one is building office buildings so that wouldn’t be a concern. She said the city still needs to be asking if it wants to lose its current business owners which provide services to the neighborhood. She said when the developer was asked by a resident what kind of retail was anticipated, the answer was high end retail. Commissioner Carper discussed options for development under current Comprehensive Plan and Zoning designations. Commissioner Carper asked if the bank would have drive-thru banking. Mr. Kelley said drive-thru is not a part of Bridgewater Bank’s typical operating model and that a drive-thru could be prohibited through the PUD zoning of this development moved forward. Commissioner Kramer spoke about the Recession and the Tower Light MX development difficulty with filling commercial spaces. He said he still sees commercial vacancies in that area. He asked if new spaces will be utilized any differently. Mr. Kelley said Dominium Development proposed the square footage for the commercial space under discussion. City Council Meeting of June 1, 2015 (Item No. 8a) Page 15 Title: Comprehensive Plan Amendment – “Bridgewater Development” Commissioner Johnston-Madison said there are development guidelines on Excelsior Blvd. in reference to Park Commons redevelopment project which includes Excelsior & Grand. She said those guidelines reference 2 to 4 stories on properties built between Park Commons Blvd. and Excelsior Blvd. Mr. Kelley responded that Park Commons guidelines do not extend past Monterey Dr. Commissioner Johnston-Madison said the city doesn’t have established guidelines or even any long term vision or goals discussed with Planning Commission and City Council as to the future of the properties. She stated she thinks the Commission needs more time to consider the area. Ron Mehl, Dominium Development, said 10,000 sq. ft. will be Bridgewater Bank on the corner of Monterey and Excelsior. 7,000 sq. ft. remains for commercial. None of it is designed for restaurant use. He spoke about the housing component. Commissioner Tatalovich asked if the applicant would be applying for Tax Increment Financing. Mr. Mehl responded that Dominium may be exploring Tax Increment Financing. Chair Person opened the public hearing. Thomas Griffiths, 3944 Natchez Ave. S., said he is a 70-year resident and said he’s never seen the community grow as rapidly as it has in the last few years. He asked what is meant by 95 a.m. peak period trips in the traffic study. Deb Heiser, Engineering Director, explained that traffic studies look at the busiest times of day. The a.m. peak is between 7 and 9. She explained existing and proposed land uses are looked at. The Institute of Traffic Engineers Manual, containing thousands of studies, uses and models, is used in predicting directionality and how many trips are proposed. Mr. Griffiths asked what kind of traffic study has been done for residential going from 40th and Wooddale all the way down to Joppa. He said he is very concerned about cut- through traffic on 40th in late afternoon. Mr. Griffiths said the proposed developments will increase right hand turns on Excelsior and Wooddale to 40th going east all the way to Joppa. Ms. Heiser spoke about the 2001 Excelsior Blvd. Corridor Study, Met Council macro model, regional growth models, City Comprehensive Plan and development traffic studies which occur periodically. Steve May, 3901 Joppa Ave. asked if the traffic study considered the issue of parking that would occur in the south side of Excelsior Blvd. neighborhoods due to the development. He said he and other residents would like to see a joint traffic study for the Bally and Bridgewater developments. He said at one time four stories were appropriate and it is just a marketplace situation now to make it five stories. He said he would like the developer to find a different way. He asked for a city evaluation of development going east from Monterey to France on the north side of Excelsior. City Council Meeting of June 1, 2015 (Item No. 8a) Page 16 Title: Comprehensive Plan Amendment – “Bridgewater Development” Courtney Nichols, Park Health and Rehabilitation Center, 4415 W. 36 ½ St. which shares a parking lot and backs up to the proposed area. She said her concerns regard the 1/3 parcel portion parking lot. She said a lot more parking will be needed. The proposed parking structure eliminates or greatly reduces the parking her staff will have. Emergency medical vehicles currently turnaround in the existing shared parking area. That area would be eliminated. The facility also has large delivery trucks which use that area for turnaround. Ms. Nichols said she needs to see what parking access her staff would have and what the proposed structure for emergency medical vehicles turnaround would be. Sara Bergen, 2939 Princeton, said her concern regards traffic at Park Commons and Monterey. She said given the way the city is moving ultimately the Comp Plan change makes sense and would probably be what would end up from a more planful look at the north side of Exc. Blvd. She added that she agreed with Commissioner Johnston-Madison call for prudence and taking some time in doing that might give everyone more of a chance to see what St. Louis Park wants going forward for that side of Exc. Blvd. Ms. Bergen said having six story residential probably makes sense. She spoke about the difficulty of coming out of Trader Joe’s and taking a left. She said there are too many lanes for signage about not blocking the intersection to be beneficial. It needs to be safe. She said she doesn’t mind traffic backing up in the name of safety. Ms. Bergen said she asked that safety be kept in mind going forward on plans for the intersection. Rebecca Phelan, 3944 Joppa Ave. S., said she is very concerned about more congestion and safety issues at Excelsior and Monterey. She said she is also concerned about the displacement of businesses. She asked that the Council look carefully at this and work on developing a plan that will serve the people of St. Louis Park. Hemant Nartsumam, 4525 Park Commons Dr., said he lived in the Trader Joe’s building. He asked about the anticipated construction time. He asked about B and C access points. He spoke about the traffic study and asked if there was analysis done about the bottlenecks. He said B and C would likely be peak bottleneck areas. He said trips taken has been studied but how about time spent in the vehicle. Mr. Mehl said approximately 14 months is anticipated for construction. Ms. Heiser discussed average time is based on counts taken at an intersection. Average delay is 19 seconds for A.M. peak at Excelsior and Monterey, Level Service B. Average delay is 30 seconds for P.M. peak, Level Service C. Levels C, D, and E are considered acceptable in a metropolitan area. Ms. Heiser stated that the traffic study details all the existing and proposed. The study reports there is no change, which means no noticeable change in the average level of services at time delay. Mr. Nartsuman said he agreed with Commissioner Johnston-Madison that more time needs to be taken to understand the implications of the proposal. Steve Frank, 3940 Joppa Ave. S., said he wanted to make some comments that he’s heard from other members of the community. He said it is very exciting that the city is so attractive to many developers and he is not anti-development. He added that the city needs to be smart on how it approaches development. He said he finds it difficult to City Council Meeting of June 1, 2015 (Item No. 8a) Page 17 Title: Comprehensive Plan Amendment – “Bridgewater Development” understand how traffic studies for the Bridgewater site and the Bally’s site, in close proximity, indicate there will not be any change in service of traffic. He said many community members are concerned about this. Mr. Frank said he is concerned about the proposed height, sight lines, aesthetics, and look and feel in the community. He said he is also concerned about displacement of businesses and high rent. He said he agreed with Commissioner Johnston-Madison that the city needs to be planful and take the appropriate time for these large decisions that will impact the community. Mr. Griffiths, 3944 Natchez Ave. S., asked about taxes from the development. Mr. Kelley responded he doesn’t know tax details for residential and commercial uses. Typically the tax base would increase. Chair Person remarked that information wouldn’t come to the Planning Commission. Commissioner Johnston-Madison asked about Tax Increment Financing and the proposal. Sean Walther, Senior Planner, said he doesn’t know the tax rate or the measures expected but if there is a TIF request the city will review the pro forma for the development. He said a minimum assessment is required as part of an agreement with TIF. The Chair acknowledged correspondence received from Rosanne Farrell, 4525 Park Commons Drive, who mentioned many of the concerns brought forward by citizens at the public hearing. Correspondence was also received from Meghan Phimister and Andrea and Samir Bouzrara who noted similar concerns. The Chair closed the public hearing as there was no one else present wishing to speak. Commissioner Robertson said the amendment makes sense for the site but changing the Comp Plan helps facilitate the development which facilitates more traffic. The city needs to look at spots like Excelsior and Monterey and other growth areas in terms of traffic tie- ups. He commented the developer knows it’s going to be an uphill battle for this size of a building. The addition of affordable units is admirable but a larger building is necessary to make it work. He said he isn’t as concerned about the traffic counts, as these numbers are small in the bigger picture, but cut through and parking are issues. He said there is a lot of review on the proposal coming up and he does support the Comprehensive Plan change. Commissioner Kramer acknowledged Commissioner Robertson’s remarks. He spoke about existing traffic problems at the intersection and encouraged the developer to make the situation better, not worse. He said he would like to encourage affordable “mom and pop” business spaces. He said it is difficult for local non-chain businesses to get into new development spaces on Excelsior Blvd. Commissioner Johnston-Madison spoke about not having guidelines or a vision for the north side of Excelsior Blvd. at that intersection. She asked if mixed use should go on that corner. She asked if mixed use should be all along the north side of Excelsior. The north side hasn’t had a study like the south side of Excelsior Blvd. The Planning Commission needs to ask staff and City Council in a study session how the city is going define goals and vision of Exc. Blvd. east of Excelsior and Monterey. She said she is not City Council Meeting of June 1, 2015 (Item No. 8a) Page 18 Title: Comprehensive Plan Amendment – “Bridgewater Development” convinced it should be mixed use. Commissioner Johnston-Madison suggesting tabling the request for further study. Chair Person said he agreed with remarks made by Commissioners Robertson and Kramer. He said concerns have been heard regarding Excelsior Boulevard for the past 1- 2 years. He said he recommends approval for the Comprehensive Plan amendment, noting further review of the proposal will occur through future applications required. Commissioner Johnston-Madison made a motion recommending that taking into account comments from the public hearing that the Planning Commission table the request and consider it very soon in a study session with City Council whether this parcel should be MX, as well as the future vision of the north side of Excelsior Blvd. The motion failed for lack of a second. Commissioner Robertson made a motion to recommend approval of the Comprehensive Plan amendment. Commissioner Kramer seconded the motion, and the motion passed on a vote of 6-1 (Johnston-Madison opposed). EXCELSIOR AND MONTEREY DRIVENeighborhood Meeting 04/21/2015Perspective View - Excelsior & Monterey IntersectionExcelsior View - Looking West Monterey View - Residential EntryMonterey View - Looking NorthCity Council Meeting of June 1, 2015 (Item No. 8a) Title: Comprehensive Plan Amendment – “Bridgewater Development”Page 19 EXCELSIOR AND MONTEREY DRIVENeighborhood Meeting 04/21/2015Site Landscape PlanCity Council Meeting of June 1, 2015 (Item No. 8a) Title: Comprehensive Plan Amendment – “Bridgewater Development”Page 20 EXCELSIOR AND MONTEREY DRIVENeighborhood Meeting 04/21/2015Level 1City Council Meeting of June 1, 2015 (Item No. 8a) Title: Comprehensive Plan Amendment – “Bridgewater Development”Page 21 EXCELSIOR AND MONTEREY DRIVENeighborhood Meeting 04/21/2015Level 2City Council Meeting of June 1, 2015 (Item No. 8a) Title: Comprehensive Plan Amendment – “Bridgewater Development”Page 22 EXCELSIOR AND MONTEREY DRIVENeighborhood Meeting 04/21/2015South ElevationEast ElevationWest ElevationNorth ElevationCity Council Meeting of June 1, 2015 (Item No. 8a) Title: Comprehensive Plan Amendment – “Bridgewater Development”Page 23 Meeting: City Council Meeting Date: June 1, 2015 Action Agenda Item: 8b EXECUTIVE SUMMARY TITLE: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street RECOMMENDED ACTION: Motion to Adopt Resolution approving a Conditional Use Permit (CUP) to export and import 9,000 cubic yards of fill, subject to conditions. POLICY CONSIDERATION: Does the proposed CUP meet the conditions of the Zoning Ordinance? SUMMARY: COB, LLC (Owner) is in the process of completing a major renovation of the former Nestle site into a multi-tenant office/industrial building. Currently, over 83% of the 250,000 square foot building has been leased to nine tenants. At full occupancy, there is potential for up to twelve tenants to occupy the building. The Owner proposes an expansion at Westside Center for Lyman Lumber. The proposed expansion will include indoor and outdoor storage, ring-road, reconfiguration of parking, and stormwater management systems. A CUP is required by zoning ordinance when more than 400 cubic yards is removed from a site. The expansion proposes the excavation of 8,000 cubic yards of fill and import 1,000 cubic yards of fill in the floodplain. The improvements to the site are approved uses in the district and will be handled administratively. On May 20th, the Planning Commission held a public hearing for the Westside Center CUP. No one spoke at the public hearing, and the Planning Commission voted 4-0 to recommend the CUP. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Draft Resolution Planning Commission Minutes Site Location Hauling Routes Survey Demolition Plan Site Layout Grading & Drainage Plan Utility Plan Landscape Plan Prepared by: Alex Boyce, Community Development Intern Reviewed by: Sean Walther, Senior Planner Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No.8b) Page 2 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street DISCUSSION Zoning: IP – Industrial Park IG – General Industrial Comprehensive Plan: IND - Industrial Applicant: COB, LLC c/o Hillcrest Development, LLLP Description of Request: A Conditional Use Permit (CUP) is requested for excavation and fill at Westside Center, located at 5320 West 23rd Street. The excavation and fill is required for the expansion of the existing facility for Lyman Lumber. It is estimated that 8,000 cubic yards will be excavated. Due to reuse of excavated materials, the amount of fill that will have to be imported is unknown. However, approximately 1,000 cubic yards of fill material will be used in the floodplain. Background: COB, LLC (Owner) is in the process of completing a major renovation of the former Nestle site into a multi-tenant office/industrial building. Currently, over 83% of the 250,000 square foot building has been leased to nine tenants. At full occupancy, there is potential for up to twelve tenants to occupy the building. The excavation and fill is needed to expand the building, build a ring-road for access to loading docks, provide an outdoor storage area for Lyman Lumber materials, and provide stormwater management systems, and compensatory flood storage. Location: The property is bounded by West 23rd Street and Park Ridge Apartments to the South, ABRA Autobody & Glass and Utica Avenue to the east. The property is adjacent to existing wetlands to the west and the BNSF railroad and North Cedar Lake Regional Trail to the north. CUP and Zoning Analysis: The CUP would allow for excavation and fill on the southern portion of the site to create a stormwater pond, a ring-road, parking, and an expansion for Lyman Lumber. The proposed uses are permitted under the Zoning Ordinance. The CUP requirements for excavation and fill include an analysis of the following criteria: • Hauling Duration & Hours of Operation • Hauling Route • Equipment to be Used • Materials Used • Erosion Control • Stormwater • Floodplain Hauling Duration & Hours of Operation: • It is expected that the operation will be conducted the summer of 2015 and last approximately 2-4 weeks. • During this time, there will be an average of 5-10 trucks per day. It is estimated that there will be 100 total truckloads to accomplish the project. The proposed hours of operation are 7:00 AM to 5:00 PM on weekdays. Weekend work is not expected, but may occur due to unexpected weather delays throughout the project. Hours would be limited to 9:00 AM to 5:00 PM as a condition of approval on weekends and holidays. City Council Meeting of June 1, 2015 (Item No.8b) Page 3 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street Hauling Route & Material Type: • A map of the haul routes are attached. • The exporting of excavated materials will travel east on W 23rd Street and turn right onto the ramp for I-394 East. Trucks will then travel on I-394 East to the dump site. • It is expected that some fill material may be required for the site. Both returning empty trucks and trucks carrying fill will travel on I-394 West and take Exit 5. Trucks will then turn right on Westside Dr and proceed to turn right onto Utica Ave S which becomes W 23rd St. Equipment to be Used: Construction equipment will consist of backhoes, a crusher, bulldozers, end- and belly dump trucks. Materials Used: As the excavation occurs, Braun Intertec will be on-site to screen the excavated materials. The construction debris that is found will be placed into a crusher and used as the base layer for paved areas. In addition, sandy soils may be reused as well. However, it is unknown if on-site reuse will suffice for the proposed design. Therefore, an undetermined amount of Class V materials will be imported to complete the project. Fill material for the stormwater features will also be imported which consist of clean sand, compost mixture, and iron fillings. Erosion Control: To minimize erosion, the developer plans to implement rock construction entrances and catchbasin inserts downstream from the site. Also, construction sweeping and watering of the site will be implemented as needed. Soil stockpiles will be covered when not used for more than 48 hours or temporarily seeded to prevent windblown sediment from transporting off-site. Stormwater: The proposed changes will increase impervious surface on the site. To manage the runoff flows, the proposed stormwater system consists of three interconnected biofiltration basins. There will be two biofiltration basins which will capture initial stormwater flow and then flow to the large biofiltration basin. All stormwater will filter through this system prior to discharging into the city storm sewer. Floodplain: The proposed project will impact 1002.47 cubic yards of floodplain. The developer proposed compensatory floodplain storage volume of 1020.67 cubic yards on the western portion of the site to mitigate the lost floodplain storage throughout the site. City Council Meeting of June 1, 2015 (Item No.8b) Page 4 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street RESOLUTION NO. 15-____ A RESOLUTION GRANTING CONDITIONAL USE PERMIT UNDER SECTION 36- 79(a) and (b) OF THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING TO PERMIT EXCAVATION AND FILL OF APPROXIMATELY 9,000 CUBIC YARDS FROM PROPERTY ZONED INDUSTRIAL PARK AND GENERAL INDUSTRIAL DISTRICT LOCATED AT 5320 WEST 23RD STREET BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Hillcrest Development, LLLP has made application to the City Council for a Conditional Use Permit under Section 36-79(a) and (b) of the St. Louis Park Ordinance Code for the purpose of excavation and fill within the Industrial Park and General Industrial Districts located at 5320 West 23rd Street legally described as follows, to-wit: PARCEL 1: Lot 1, Block 1, Novartis Addition, except that part thereof embraced within the plat of Ridge Addition, also except that part of the most northwesterly 80 feet of said Lot 1 lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Torrens Property, Certificate of Title No. 1057969) PARCEL 2: That part of Lot 1, Block 1, Novartis Addition, embraced within the plat of Ridge Addition; and that part of the most northwesterly 80 feet of said Lot 1, lying southwesterly of the southerly right of way line of the Burlington Northern Inc. Railroad, Hennepin County, Minnesota. (Abstract property) 2. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 15-16-CUP) and the effect of the proposed excavation and fill on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, the effect on values of properties in the surrounding area, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance. 3. The Council has determined that the excavation and fill will not be detrimental to the health, safety, or general welfare of the community nor will it cause serious traffic congestion nor hazards, nor will it seriously depreciate surrounding property values, and the proposed excavation and fill is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 4. The contents of Planning Case File 15-16-CUP are hereby entered into and made part of the public hearing record and the record of decision for this case. City Council Meeting of June 1, 2015 (Item No.8b) Page 5 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street Conclusion The Conditional Use Permit to permit excavation and fill of approximately 9,000 cubic yards of materials at the location described is granted based on the findings set forth above and subject to the following conditions: Prior to issuance of a land disturbing activities: 1. Compensatory flood storage shall be provided in compliance with floodplain district priorities. 2. The contractors limit, to the best of their ability, hauling on the weekends. In addition, hauling occurs only between the hours of 7:00 AM and 5:00 PM on the weekdays. 3. Hours be limited to 9:00 AM to 5:00 PM as a condition of approval on weekends and holidays. 4. Provide a landscape management plan for the swales and ponds to ensure vegetation is maintained. 5. Provide a snow plow management plan for the site. 6. Provide a photometric plan 7. All required permits shall be obtained. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. Approval of a Building Permit, which may impose additional requirements. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Reviewed for Administration Adopted by the City Council June 1, 2015 City Manager Mayor Attest: City Clerk City Council Meeting of June 1, 2015 (Item No.8b) Page 6 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street Unofficial Minutes Planning Commission City of St. Louis Park May 20, 2015 3. Public Hearings B. Conditional Use Permit for Excavation and Fill Location: 5320 West 23rd Street Applicant: COB, LLC/Hillcrest Development Case No.: 15-16-CUP Alex Boyce, Community Development Intern, presented the staff report. He stated the property is part of the former Nestle site which is currently undergoing a major renovation. He explained that the excavation and fill is required for the expansion of the existing facility for Lyman Lumber. Stormwater ponds, a ring-road, and parking will also be created. Mr. Boyce noted that City Council has heard a request for a vacation of easements on the site. Second reading of the vacation request will be held on June 1. Mr. Boyce discussed erosion control, stormwater, floodplain and hauling details. He reviewed the conditions of approval. Commissioner Peilen asked for clarification about a 24th St. exit to 394 for hauling activities Sean Walther, Senior Planner, said it is essentially Hwy. 100 southbound collector distributor roadway alongside the freeway. Charlie Nestor, Hillcrest Development, said the renovation is going well. Great feedback has been received from many tenants. Chair Person opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioners Kramer and Robertson commented they were pleased to see development at the site. Commissioner Peilen made a motion recommending approval of the request for conditional use permit. Commissioner Robertson seconded the motion, and the motion passed on a vote of 4-0. City Council Meeting of June 1, 2015 (Item No.8b) Page 7 Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd Street PIERCE PINI &ASSOCIATESCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 8 PIERCE PINI &ASSOCIATESCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 9 City Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 10 ST. LOUIS PARK, MNPIERCE PINI &ASSOCIATESDEFPOINTSCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 11 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XX XX XXXX XXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXST. LOUIS PARK, MNPIERCE PINI &ASSOCIATESDEFPOINTSCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 12 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXST. LOUIS PARK, MNPIERCE PINI &ASSOCIATESDEFPOINTSCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 13 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XX XX XX XXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXWWW W WWWWWWWWWWWWWWWWWWXST. LOUIS PARK, MNPIERCE PINI &ASSOCIATESDEFPOINTSXXXXCity Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 14 City Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 15 City Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 16 City Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 17 City Council Meeting of June 1, 2015 (Item No. 8b) Title: Conditional Use Permit for Fill/Excavation Westside Center 5320 West 23rd StreetPage 18 Meeting: City Council Meeting Date: June 1, 2015 Action Agenda Item: 8c EXECUTIVE SUMMARY TITLE: Inclusionary Housing Policy RECOMMENDED ACTION: Motion to approve the Inclusionary Housing Policy which would require the inclusion of affordable housing units in new market rate multi-unit residential developments receiving financial assistance from the City. POLICY CONSIDERATION: Does the proposed Policy reflect Council’s intent to adopt an inclusionary housing strategy for promoting the creation of affordable housing units in the community? SUMMARY: In the fall of 2014, staff presented Council with a proposed framework for the creation of a strategy that would require the inclusion of affordable housing units in new market rate multi-unit residential developments receiving financial assistance from the City. The Council supported the framework and proposed strategy and directed staff to work with the MN Challenge Project to develop a draft Inclusionary Housing Policy for the City. The purpose of the MN Challenge Project, a joint effort between the Center for Urban and Regional Affairs, the Housing Preservation Project and the McKnight Foundation, is to identify practical ways to reduce the cost of developing affordable housing. A draft Policy was presented to Council at the March 23 Study Session for review and comment. Based on the Council’s comments, the following changes were made to the Policy: • The “Payment in Lieu” waiver option was eliminated, and • The required number of affordable dwelling units within a residential project subject to this policy was revised as follows: I. Rental Projects: 1. At least ten percent (10%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or 2. At least eight percent (8%) of the units shall be at available affordable for households at fifty percent (50%) Area Median Income. The 50% affordability option was added in response to Council’s desire to create units at a greater affordability level. Definitions were also added defining affordable housing and financial assistance. A final draft of the policy was sent to the Council as a report for the Study Session on May 26. No comments or concerns were expressed by the Council. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Draft Inclusionary Housing Policy Prepared by: Michele Schnitker, Housing Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of June 1, 2015 (Item No. 8c) Page 2 Title: Inclusionary Housing Policy DISCUSSION BACKGROUND: In August 2014, Council adopted revised Housing Goals. The revised goals address the City’s commitment to promoting quality multi-family development and promoting affordable housing options for low and moderate income households. The Council discussed options for promoting the creation of affordable housing in new multi-family residential developments and directed staff to develop a strategy that would require the inclusion of affordable housing units in new market rate multi-unit residential developments receiving financial assistance from the City. At a subsequent Study Session, staff presented a framework for an Inclusionary Housing Policy that would apply to market rate multi-unit developments receiving financial assistance from the City. Staff also informed Council that the MN Challenge Project had contacted the City and offered to provide technical assistance in the development of an Inclusionary Housing Policy for St. Louis Park. The purpose of the MN Challenge Project, a joint effort between the Center for Urban and Regional Affairs, the Housing Preservation Project and McKnight Foundation, is to identify practical ways to reduce the cost of developing affordable housing. The Council supported the framework and general criteria in the proposed strategy and directed staff to work with MN Challenge to develop a draft Inclusionary Housing Policy for the City. A draft Policy was presented to Council at the March 23 Study Session for review and comment. Based on Council’s comments, the following revisions were made to the Policy: • The “Payment in Lieu” waiver option was eliminated, and • The required number of affordable dwelling units within a residential project subject to this policy was revised as follows: I. Rental Projects: 1. At least ten percent (10%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or 2. At least eight percent (8%) of the units shall be at affordable for households at fifty percent (50%) Area Median Income. The 50% affordability option was added in response to Council’s desire to create units at a greater affordability level. Definitions were also added defining affordable housing and financial assistance. A final draft of the policy was sent to the Council as a report for the Study Session on May 26. No comments or concerns were expressed by the Council. Draft Inclusionary Affordable Housing Policy - Key Components: Purpose: The purpose of the “Policy” is to require the inclusion of affordable units in new market rate multi-unit residential developments that receive financial assistance from the City. I. The proposed “Policy” will allow the income and affordability requirements to be fulfilled in the following ways: 1. On-site development of units within the proposed market rate ownership or rental residential development; or 2. Development of income and rent restricted rental units at another site approved by the City. City Council Meeting of June 1, 2015 (Item No. 8c) Page 3 Title: Inclusionary Housing Policy II. Affordability Elements: 1. Affordability Level: Rental: 10% of units at 60% area median income (AMI), or 8% of units at 50% AMI, Ownership: 10% of units at 80% AMI *60% and 50% affordability for rental units is consistent with affordability level requirements for the federally funded affordable housing Tax Credit Program. 2. Length of Affordability Requirement: A minimum of 25 years. 3. Bedroom Mix of Affordable Units: The bedroom unit type of the affordable units will be reflective of the development’s market rate units and will be distributed throughout the development. 4. Building Size: The “Policy” will be applicable to buildings that have 10 or more units. 5. Tenant Eligibility: Rental affordable dwelling units shall be rented only to income eligible families during the period of affordability. An income eligible family may remain in the rental inclusionary dwelling unit for additional rental periods as long as the income of the family does not exceed one-hundred twenty percent (120%) of the applicable AMI. The draft Policy was presented to the Housing Authority Board for their review and comment. The Board supported the proposed changes and had no further comments. NEXT STEPS: Following approval of the Policy, staff will continue to work with the MN Challenge Project to develop a program plan and procedures to guide program implementation. I. Inclusionary Housing Policy This Policy promotes high quality housing located in the community for households with a variety of income levels, ages and sizes in order to meet the City's goal of preserving and promoting economicall y diverse housing options in our community. The City recognizes the need to provide affordable housing to households of a broad range of income levels in order to maintain a diverse population and to provide housing for those who live or work in the City. Without intervention, the trend toward rising housing prices in new developments will continue to increase. As a result, this Policy is being adopted to ensure that a reasonable proportion of each new development receiving City financial assistance include units affordable to low and moderate income households and working families. The requirements set forth in this Policy further the City’s Housing Goals and the City’s Comprehensive Plan to create and preserve affordable housing opportunities. These requirements are intended to provide a structure for participation by both the public and private sectors in the production of affordable housing. II. Applicability and Minimum Project Size Market Rate Multi-Unit Development Receiving City Financial Assistance This Policy applies to market rate multi-unit residential developments that receive financial assistance from the City and includes: (1) new developments that create at least 10 multi-family dwelling units; or (2) any mixed use building that creates at least 10 multi-family dwelling units; or (3) renovation or reconstruction of an existing building that contains multi- family dwelling units that includes at least 10 dwelling; or (4) any change in use of all or part of an existing building from a non- residential use to a residential use that includes at least 10 dwelling units. III. Affordable Dwelling Units General requirement A development that is subject to this Policy shall provide a number of affordable dwelling units equal to at least eight (8%) to ten percent (10%) of the total number of dwelling units in the development. The units designated as affordable will be subject to the requirements listed below. City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 4 Calculation of units required. (1) For development of multi-family dwelling units: A. The required number of Affordable Dwelling Uni ts is based on the total number of dwelling units that are approved by the City. B. To calculate the number of Affordable Dwelling Units required in a development the total number of approved Dwelling Units shall be multiplied by eight percent (8%) or ten percent (10%) depending on the affordability standard. If the final calculation includes a fraction, the fraction of a unit shall be rounded to the nearest whole number. C. If an occupied property with existing dwelling units is remodeled and/or expanded, the number of affordable Dwelling Units shall be based on the total number of units following completion of renovation/expansion. At least eight percent (8%) or ten percent (10%) shall be affordable, depending on the affordability standard. Affordability Level The required affordable dwelling units within a residential project subject to this policy shall meet an income eligibility and rent affordability standard for the term of the restriction as follows: (1) Rental Projects: A. At least ten percent (10%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or B. At least eight percent (8%) of the units shall be at available affordable for households at fifty percent (50%) Area Median Income. (2) For-Sale Projects: A. At least ten percent of the units shall be affordable for households at eighty percent (80%) Area Median Income (AMI). Rent and Sale Price Level Rental Unit: The monthly rental price for affordable dwelling units shall include rent and utility costs and shall be based on fifty percent (50%) and/or sixty percent (60%) for the metropolitan area that includes St. Louis Park adjusted for bedroom size and calculated annually by Minnesota Housing for establishing rent limits for the Housing Tax Credit Program. For-Sale Projects: The qualifying sale price for an owner-occupied affordable dwelling unit shall include property taxes, homeowner’s insurance, principal payment and interest, private mortgage insurance, monthly ground lease, and shall be based on eighty percent (80%) AMI for the metropolitan area that includes St. Louis Park adjusted for bedroom size and calculated annually by the Department of Housing and Urban Development. City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 5 Period of Affordability In developments subject to this Policy, the period of affordability for the affordable dwelling units shall be at least twenty-five (25) years. Location of Affordable Dwelling Units Except as otherwise specifically authorized by this Policy, the Affordable Dwelling Units shall be located within the development. IV. Standards for Inclusionary Rental Units Size and Design of Affordable Units The size and design of the affordable dwelling units should be consistent and comparable with the market rate units in the rest of the project and is subject to the approval of the City. The interior of affordable dwelling units do not need to be identical to the market rate units but if units are smaller than the other units with the same number of bedrooms in the development, City approval must be obtained. Exterior/Interior appearance. The exterior materials and design of the affordable dwelling units in any development subject to these regulations shall be indistinguishable in style and quality with the market rate units in the development. The interior finish and quality of construction of the affordable dwelling units shall at a minimum be comparable to entry level rental or ownership housing in the City. Construction of the affordable dwelling units shall be concurrent with construction of market- rate dwelling units V. Integration of Affordable Dwelling Units Distribution of affordable housing units. The affordable dwelling units shall be incorporated into the overall project unless expressly allowed to be located in a separate building or a different location approved by the City Council. Affordable dwelling units shall be distributed throughout the building. Number of bedrooms in the affordable units. The affordable dwelling units shall have a number of bedrooms in the approximate proportion as the market rate units. The mix of unit types, both bedroom and accessible units, of the affordable dwelling units shall be approved by the City. Tenants Rental affordable dwelling units shall be rented only to income eligible families during the period of affordability. An income eligible family may remain in the affordable dwelling unit for City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 6 additional rental periods as long as the income of the family does not exceed one-hundred twenty percent (120%) of the applicable AMI. VI. Alternatives to On-Site Development of Affordable Dwelling Units This section provides alternatives to the construction of affordable dwelling units onsite as a way to comply with this Policy. The alternatives are listed in subsection (3), below. (1) The alternatives must be: A. Approved by the City Council, and B. Agreed to by the applicant in an Affordable Housing Performance Agreement. C. Applicant must show evidence acceptable to the City that a formal commitment to the proposed alternative is in place. (2) This Section does not apply unless the applicant demonstrates: A. The alternative provides an equivalent or greater amount of Affordable Dwelling Units in a way that the City determines better achieves the goals, objectives and policies of the city’s Housing Goals and Comprehensive Plan than providing them on- site; and B. Will not cause the City to incur any net cost as a result of the alternative compliance mechanism. (3) If the conditions in (2) are met, the City may approve one or more of the following options to providing Affordable Dwelling Units that are required by this Policy. A. Dedication of Existing Units: Restricting existing dwelling units which are approved by the City as suitable affordable housing dwelling units through covenants, contractual arrangements, or resale restrictions. The City shall determine whether the form and content of the restrictions comply with this Policy. Off-site units shall be located within the City of St. Louis Park. The restriction of such existing units must result in the creation of units that are of equivalent quality, and size of the permanently Affordable Dwelling Units which would have been constructed on-site if this alternative had not been utilized. B. Offsite construction of affordable dwelling units within the City. Offsite construction of units should be located in proximity to public transit service at a site approved by the City. C. Participation in the construction of affordable dwelling units by City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 7 another developer on a different site within the City. D. An alternative proposed by the applicant that directly provides or enables the provision of affordable housing units within the City. The alternative must be approved by the City and made a condition of approval of the Affordable Housing Performance Agreement. VII. Affordable Housing Plan (1) Applicability Developments that are subject to this Policy shall include an Affordable Housing Plan as described below. An Affordable Housing Plan describes how the developer complies with each of the applicable requirements of this Policy. (2) Approval A. The Affordable Housing Plan shall be approved by the City. B. Minor modifications to the plan are subject to approval by the City Manager. Major modifications are subject to approval by the City Council. Items that are considered major and minor will be designated in the Affordable Housing Plan. (3) Contents. The Affordable Housing Plan shall include at least the following: A. General information about the nature and scope of the development subject to these regulations. B. For requests to an alternative to on-site provision of affordable housing, evidence that the proposed alternative will further affordable housing opportunities in the City to an equivalent or greater extent than compliance with the otherwise applicable on-site requirements of this Policy. C. The total number of market rate units and affordable dwelling units in the development. D. The floor plans for the affordable dwelling units showing the number of bedrooms and bathrooms in each Unit. E. The approximate square footage of each affordable dwelling unit and average square foot of market rate unit by types. F. Building floor plans and site plans showing the location of each affordable dwelling unit. City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 8 G. The pricing for each affordable ownership dwelling unit. The pricing of each unit shall be determined at time of approval. At time of sale thi s price may be adjusted if there has been a change in the median income or a change in the formulas used in this ordinance. H. The order of completion of market rate and affordable dwelling units. I. Documentation and specifications regarding the exterior appearance, materials and finishes of the development for each of the affordable dwelling units illustrating that the appearance of affordable units are comparable to the appearance of the market-rate units. J. An Affordable Dwelling Unit Management Plan documenting policies and procedures for administering the affordable dwelling units in accordance with the Affordable Housing Performance Agreement. K. Any and all other information that the City Manager may require that is needed to achieve the Council’s affordable housing goals. VIII. Recorded Agreements, Conditions and Restrictions (1) An Affordable Housing Performance Agreement shall be executed between the City and a Developer, in a form approved by the City Attorney, based on the Affordable Housing Plan described in Section VII, which formally sets forth development approval and requirements to achieve Affordable Housing in accordance with this policy and location criteria. The Agreement shall identify: a. the location, number, type, and size of affordable housing units to be constructed; b. sales and/or rental terms; occupancy requirements; c. a timetable for completion of the units; and d. restrictions to be placed on the units to ensure their affordability and any terms contained in the approval resolution by the City as applicable. (2) The applicant or owner shall execute any and all documents deemed necessary b y the City Manager, including, without limitation, restrictive covenants and other related instruments, to ensure the affordabilit y of the affordable housing units in accordance with this Policy. (3) The applicant or owner must prepare and record all documents, restrictions, easements, covenants, and/or agreements that are specified by the City as conditions of approval of the application prior to issuance of a Zoning Compliance Permit for any development subject to this Policy. (4) Documents described above shall be recorded in the Hennepin County Registry of Deeds as appropriate. City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 9 Definitions 1. Affordable Dwelling Unit: The required affordable dwelling units within a residential project subject to this policy shall meet an income eligibility and rent affordability standard for the term of the restriction as follows: (1) Rental Projects: A. At least ten percent (10%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or B. At least eight percent (8%) of the units shall be at available affordable for households at fifty percent (50%) Area Median Income. (2) For-Sale Projects: A. At least ten percent of the units shall be affordable for households at eighty percent (80%) Area Median Income (AMI). 2. Financial Assistance: The Inclusionary Affordable Housing Policy applies to all new and renovated multifamily residential buildings receiving City financial assistance. Financial Assistance is defined as funds derived from the City and includes but is not limited to the following: A. City of St. Louis Park B. Community Development Block Grant (CDBG) C. Housing Rehabilitation Fund D. Reinvestment Assistance Program E. Revenue Bonds (private activity bonds are negotiable) F. Tax Increment Financing (TIF) & Tax Abatement G. Housing Authority (HA) Funds H. Land Writedowns 3. Affordable Housing Plan: A plan that documents policies and procedures for administering the affordable dwelling units in accordance with the Affordable Housing Performance Agreement. 4. Affordable Housing Performance Agreement: Agreement between the City and the developer which formally sets forth development approval and requirements to achieve Affordable Housing in accordance with this policy. City Council Meeting of June 1, 2015 (Item No. 8c) Title: Inclusionary Housing Policy Page 10