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HomeMy WebLinkAbout2015/12/14 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA DECEMBER 14, 2015 6:25 p.m. SPECIAL CITY COUNCIL MEETING – Community Room 1. Call to Order 1a. Pledge of Allegiance 2. Resolutions, Ordinances, Motions and Discussion Items 2a. 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading Recommended Action: Motion to approve the Second Reading and Adopt Ordinance creating Section 36-268-PUD 2 of the Zoning Code and amending the Zoning Map from MX Mixed Use and R-C High Density Multiple Family Residence to PUD 2 for property bound by the centerlines of Excelsior Boulevard, Quentin Avenue South, Park Commons Drive and Princeton Avenue South, and approve the Summary Ordinance for publication. 3. Adjournment 6:30 p.m. STUDY SESSION – Community Room Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – December 21, 2015 & January 11, 2016 2. 6:35 p.m. SWLRT Station Design 3. 7:20 p.m. Local and Regional Government Alliance on Race & Equity - 2016 Initiative 4. 7:35 p.m. Westwood Hills Nature Center Master Plan Update 5. 8:05 p.m. Review Draft Agenda for 2016 City Council Workshop 6. 8:35 p.m. Discuss City Manager Evaluation (Verbal) 8:50 p.m. Communications/Updates (Verbal) Written Reports 7. Meadowbrook Golf Course and Minnehaha Creek Improvement Project 8. Resolution of Support for Submission of a DEED Minnesota Investment Fund Application on Behalf of MoneyGram 9. Resolution of Support for Submission of a DEED Job Creation Fund Application on Behalf of Novu 10. Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project (City Project 2012-0100) 11. Partnership with Center for Energy and Environment 12. City Website Redesign 13. Fiber Lease Agreements 8:55 p.m. Adjourn Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting: Special City Council Meeting Date: December 14, 2015 Action Agenda Item: 2a EXECUTIVE SUMMARY TITLE: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading RECOMMENDED ACTION: Motion to approve the Second Reading and Adopt Ordinance creating Section 36-268-PUD 2 of the Zoning Code and amending the Zoning Map from MX Mixed Use and R-C High Density Multiple Family Residence to PUD 2 for property bound by the centerlines of Excelsior Boulevard, Quentin Avenue South, Park Commons Drive and Princeton Avenue South, and approve the Summary Ordinance for publication. POLICY CONSIDERATION: Is the rezoning consistent with the Comprehensive Plan? SUMMARY: Oppidan Inc. is requesting approval of a Final PUD for the properties at 4760 and 4900 Excelsior Boulevard. The City Council approved the Preliminary PUD on September 8, 2015, and approved the First Reading of the PUD on December 7, 2015. The applicant, Oppidan Inc., proposes a six-story, mixed-use building. The development will include between 164 and 176 apartment units depending upon the unit mix, as well as approximately 28,228 square feet of commercial space on the first floor, and structured parking. The proposed commercial uses include a specialty grocery store and small off-sale liquor store. The plan includes 18 dwelling units affordable at 60% of the Area Median Income consistent with the City’s Inclusionary Housing policies. As Council is aware, Weidner Apartment Homes will acquire the approved development from Oppidan. Weidner would like to combine some of the studio and one-bedroom apartments into two bedroom units, which would result in 12 fewer apartment units, reduced density, the same number of residential bedrooms, and no changes to the building massing, parking requirements or traffic generation. FINANCIAL OR BUDGET CONSIDERATION: The Economic Development Authority (EDA) and City Council approved tax increment financing and authorized selling EDA-owned parcel on November 16, 2015. VISION CONSIDERATION: St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Discussion Ordinance Ordinance Summary for Publication Proposed Zoning Map Amendment Exhibit Parking Management Plan Development Plans Prepared by: Sean Walther, Planning & Zoning Supervisor Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 2 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading DISCUSSION BACKGROUND: The applicant, Oppidan, proposes to redevelop the former Bally Total Fitness block bound by Excelsior Boulevard, Quentin Avenue South, Princeton Avenue South, and Park Commons Drive. The proposal would remove the Bally Total Fitness building and parking ramp. Oppidan requests approval of a Final Plat and Final PUD for the properties at 4760 and 4900 Excelsior Boulevard to allow construction of a six-story, mixed use building that includes 28,228 square feet of commercial space including a specialty grocery store and small off-sale liquor store, a range of 164 to 176 apartment units depending upon the unit mix, and structured parking. The PUD would amend the zoning map and zoning ordinance for this site. Unit Mix: As Council is aware, Weidner Apartment Homes will acquire the approved development from Oppidan. Weidner wants to change the unit mix to have more two bedroom units. They would achieve this by combining some of the studio and one-bedroom apartments into two bedroom units, which would result in 12 fewer apartment units, reduced density, no changes to the building massing, and no increase in parking requirements or traffic generation. The table below compares the unit mixes and number of affordable units of each type: Comparison Table. Unit Type Number of Units Total Bedrooms (Both) Oppidan Weidner Oppidan Weidner Studio 34 9 34 9 Studio-60% AMI 4 1 4 1 1-bedroom 77 81 77 81 1-bedroom-60% AMI 9 10 9 10 2-bedroom 47 56 94 112 2-bedroom-60% AMI 5 7 10 14 TOTAL 176 164 228 227 EXISTING CONDITIONS: Site Area: 2.00 acres Current Zoning: MX – Mixed Use, RC – High Density Multiple Family Proposed Zoning: PUD – Planned Unit Development Comp. Plan: M-X Mixed Use Neighborhood: Wolfe Park Current Use: Vacant athletic club building, parking ramp & vacant lot Adjacent Land Uses: North: Park Commons Drive, 3-story condominiums, Wolfe Park East: Princeton Avenue South, 4-story mixed-use building South: Excelsior Boulevard, 1- and 2-story commercial buildings West: Quentin Avenue South, 2-story office building Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 3 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading PUD ANALYSIS: Comprehensive Plan: The Comprehensive Plan designates the site for “Mixed-Use” and the current zoning map contemplates mixed-use and high-density residential development on the property. The proposed PUD would create a new zoning district and zoning regulations for uses and dimensional standards that are unique to this site and the proposed site and building plans. The intent of the “Mixed Use” land use designation and the City’s Livable Community 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 most recent 2030 Comprehensive Plan (adopted in 2009) guides the subject parcels for mixed-use development and encourages development consistent with Livable Community Principles. Staff finds that this site is suitable for the proposed mixed-use development and multiple-family housing and meets many of the objectives for the Park Commons redevelopment area. The development will follow the City’s Green Building Policy and is located in a neighborhood that received LEED-ND certification from the U.S. Green Building Council. Ten percent of the units will be affordable to households earning 60% of the area median income to create a mixed- income development and expands housing choices for the community. The site has convenient access to frequent bus service, Wolfe Park, and other services and businesses along Excelsior Boulevard, and is within biking distance of the SWLRT regional trail and future Beltline and Wooddale stations along the Green Line Extension of light rail transit. The proposed development is a mixed-use building that promotes efficient use of the land, existing infrastructure, and existing roadway system. The plan places the majority of the parking under the building; it is screened from view. The plan provides private rooftop designed outdoor recreation area amenities for its residents on the second floor. The building design includes active uses at the pedestrian-level along Excelsior Boulevard, including storefront windows, entrances, high quality building materials, and other measures to enhance the character at the pedestrian level along Excelsior Boulevard. Portions of the upper stories are set back to help minimize the visual impact of the building at the pedestrian- level. Building and Site Design Analysis: The PUD ordinance requires the City to find that the quality of building and site design proposed will substantially enhance aesthetics of the site and implement relevant goals and policies of the Comprehensive Plan. In addition, the following criteria shall be satisfied: (1) The design shall consider the project as a whole, and shall create a unified environment within project boundaries by ensuring architectural compatibility of all structures, efficient vehicular and pedestrian circulation, aesthetically pleasing landscape and site features, and design and efficient use of utilities. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 4 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading (2) The design of a PUD shall achieve compatibility of the project with surrounding land uses, both existing and proposed, and shall minimize the potential adverse impacts of the PUD on surrounding land uses and the potential adverse impacts of the surrounding land uses on the PUD. (3) A PUD shall comply with the City’s Green Building Policy. (4) The use of green roofs or white roofs and on-site renewable energy is encouraged. [The remainder of the page is left blank intentionally.] Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 5 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading ZONING ANALYSIS: The following table provides the development metrics. Zoning Table. Factor Required Proposed Met? Use Mixed-use/Residential Mixed-use/Residential Yes Lot Area 2.0 acres in an area identified in the Comprehensive Plan for redevelopment 2.0 acres (1.59 after the plat) Yes Density Up to 50 units per acre, or more with a PUD based on the Comprehensive Plan designation 103.2 - 110.7 units per acre, depending upon the unit mix Yes Height No maximum with a PUD. (Current zoning allows 6 stories.) 77 ft. tall; 85 feet to the top of the tallest trellis feature Yes Off-Street Parking Parking details provided later in the report. Yes Setbacks None with a PUD Front (south) – 5 to 10 ft. Side (west) – 5 ft. Side (east) – 1.5 ft. to 5 ft. Rear (north) – 1.5 ft. to 5 ft. Yes Commercial Use of Ground Floor Area None with a PUD 28,228, plus parking and apartment lobby and rental office Yes Ground Floor Area Ratio None with a PUD 0.90 Yes Floor Area Ratio None with a PUD 3.3 (excludes Levels P1 & P2 which are mostly below grade) Yes D.O.R.A. 8,311 sq. ft. (12%) Approx. 11,976 sq. ft. (17%) Yes Tree Replacement 222.1 caliper inches ($130 per caliper inch not planted) 55 caliper inches + Cash-in-lieu ($21,593) Yes Landscaping 205 trees 21 trees Yes 213 shrubs 61 shrubs, plus perennial, annual and vine plantings Alternative landscaping Partial green roof in the terrace area, green wall elements, rooftop amenities on 2nd floor Transit service Frequently operating service required for a parking reduction Frequently operating bus service Route 12, and 615, 604 Yes Stormwater Required city and watershed standards Stormwater management is provided underground Yes Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 6 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading Architectural Design: Height: The proposed building is six stories tall and 77 feet tall (85 feet to the top of the tallest trellis). Per the zoning code, the height is measured at the front of the building (Excelsior Boulevard/south side). On the north side, due to the grade change, the parking levels become exposed, so the building height ranges from 66 to 70 feet above the grade of Park Commons Drive. The current RC and MX district zoning allow six stories or more in height. The PUD district provides the flexibility to allow taller buildings and smaller setbacks, as the City Council deems appropriate. Massing: The massing of the building is broken up with wall deviations on the second though sixth floors. The central portion of these upper floors step back six feet from the first floor elevation along Excelsior Boulevard and Park Commons Drive. On Excelsior Boulevard, the sixth floor steps back 47 feet in the central part of the building. On the Park Commons side the uppermost floor steps back 26 to 36 feet and is not visible from Park Commons at the ground level. On the Princeton Avenue side the building steps back 35 feet and on Quentin Avenue it opens up entirely with a 155-foot setback for the rooftop terrace. There will be upper level decks that hang over these spaces, but overall this approach helps add visual interest to the building and helps reduce the impact of the building on the public realm at the pedestrian level. Pedestrian-level design elements: The grocery store has storefront windows all along Excelsior Boulevard. There will be an entrance from a vestibule off Excelsior Boulevard into the commercial space. The ordinance will require that each commercial use has a direct entrance from the public sidewalk into the tenant space that is open for customer use during business hours. The apartment lobby entrance and rental office is at the corner of Excelsior Boulevard and Princeton Avenue and also provides an active presence along the sidewalk. The PUD ordinance includes transparency requirements for the pedestrian level storefront windows along Excelsior Boulevard. On Excelsior Boulevard there are two resident entrance/exit glass doorways at the sidewalk level. The pedestrian level glass wraps around the front of the building along Quentin Avenue near the angled parking; however, here the glass is proposed to be opaque, so there will not be views into the store due to shelving or store room uses against this wall. A “green” wall is shown near this corner, too. A glass doorway is provided near the garage entrance on Quentin Avenue as well. On the east side of the building, along Princeton Avenue, there are staircases leading up to individual apartment units and decks. These staircases, along with foundation plantings add to the pedestrian experience. On the north side of the building, there are staircases to a resident entrance/exit and to the grocery store parking level. There will be a decorative metal screen on the first floor parking level. Lower parking levels will be fully enclosed, with a stone exterior building wall and vines will be planted along the foundation. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 7 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading Exterior Materials: The exterior materials include brick, stone, glass, stucco, and fiber cement board siding. The building meets or exceeds the minimum requirements for Class I materials. Shadowing: The shadow study provided by the architect demonstrates the building meets the City’s shadowing requirements. Changes to the massing along Park Commons also have reduced the amount of shadowing indicated in earlier plans. Density: The current zoning of Mixed-Use and High Density Residential zoning districts allow densities of 50 units per acre. With the PUD zoning district, the density may be increased further. The proposed density is between 103.2 and 110.7 units per acre, depending on the unit mix. The appropriateness of the density can be further evaluated based upon projected parking demand and traffic impacts. As described in later sections of this report, the development does not impact the overall level of service (LOS) of the surrounding intersections, Excelsior Boulevard has capacity to handle the traffic generated, and the parking requirements have been met. Parking: The parking requirements for the multiple family residential use is based upon the bedroom count. The total number of bedrooms proposed is 227-228 depending upon the unit mix. For purposes of the parking analysis below, staff used the higher of the two bedroom counts. The plan provides the number of parking stalls required by the zoning code for the residential without any reductions. The commercial use of the building is eligible for the ten percent transit reduction, which reduces the required parking by 11 spaces. The parking is summarized in the table below. There are 99 spaces available at the first floor/ground level. Of the 99 spaces, 66 spaces are off- street parking stalls located under the building on the first level and 33 are on-street parking spaces adjacent to site. The P1 and P2 parking levels will have secured access and are not available to commercial customers. These levels will be restricted to residential tenants, guests, and commercial employees. The mix of commercial and residential uses provides an opportunity for shared parking, since each of these uses have different peak hours of demand. The number of stalls that would be available to share may be somewhat limited, due to the desire for secure parking for residents Off-Street Parking Requirement Required Parking Proposed Parking 228 bedrooms 228 spaces Underground spaces (P1, P2 levels), including 23 tandem 241 spaces Commercial (28,228 sq. ft.) 113 spaces 1st level off-street (66) and on-street (33) parking spaces 99 spaces Minimum required without reductions 341 spaces Total provided 340 spaces 10% transit reduction (11 spaces ) Minimum required with reduction 330 spaces Total provided 340 spaces Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 8 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading and convenient parking for customers. Staff finds some shared use will be critical to the success of the project and providing adequate parking for the development. With proper management, there is an opportunity to share spaces in the P1 Level of the building with employees of the commercial use, and the site could accommodate guest parking for the residential use in off- street parking stalls. The City commissioned a shared parking study, at the applicant’s expense, that was prepared by Walker Parking Consultants. The parking study was based on 189 dwelling units, not the 164 to 176 units now proposed. Based on the information in that study, if approximately 20 parking stalls in the P1 Level are available for use by commercial employees and/or residential guests, the site will meet the projected peak parking demands. The applicant has agreed to allow at least 20 stalls to be shared with the commercial tenant(s) and to allow overnight residential guest parking in the first level parking. A Parking Management Plan has been submitted, it is included as an Official Exhibit, and it is attached for review. Staff finds the Parking Management Plan meets the needs identified in the shared parking study, provided the shared parking is secured through a permanent agreement. A permanent agreement for shared parking must be submitted prior to issuance of building permits (excluding demolition permits) for City Attorney review and administrative approval. This requirement is included in the Planning Development Contract. The plan also provides the bicycle parking as required by City Code requirements. There will be a combination of secured parking for the residents in the building and exterior customer and guest bicycle parking at the sidewalk level. Access: The site can be accessed from all four surrounding streets. There is on-street parking, a bus stop, and sidewalk access directly from Excelsior Boulevard. The commercial parking lot on the main level has two full access points. One is on Princeton Avenue and the other on Quentin Avenue. The parking lot design allows an efficient movement for vehicles through the parking lot. Also, the access to the secured parking for residential and employee parking is off of Park Commons Drive and separate from the commercial parking. On-street parking is also provided on Quentin Avenue, Park Commons Drive and Princeton Avenue with sidewalk connections around the entire site. Staff anticipates parking restrictions will be needed to ensure convenient access for commercial customers and overnight residential guest parking. This can be explored further when the opening of the project approaches and can be changed by City Council after it is open and operating. The proposed loading area for the grocery store is similar to the Trader Joe’s building with trucks backing up from the street into the loading area off of Quentin Avenue. The depth is sufficient that semi-tractor trailers will not block traffic on Quentin, and shorter service vehicles will not impede the sidewalks. City Council has suggested limiting the hours of operation of the loading docks to be conscientious to residents above and across the street. The proposed ordinance limits hours of operation, including loading/unloading of deliveries, to between 6 a.m. and 12 a.m. Traffic: A traffic study by Spack Consulting was submitted with the application. The study was based on 183 dwelling units, so the reduction to 164 to 176 units will reduce the projected trips generated. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 9 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading The study concludes that Excelsior Boulevard has capacity to handle the additional traffic, and the impact of the proposed development will not significantly impact the level of service (LOS) for the intersections surrounding the site or Excelsior Boulevard adjacent to the site. The study concludes that no mitigation is required. The Engineering Department reviewed the study and concurred with the findings. The City has subsequently hired SRF Consulting Group to further review the traffic generated from this and another nearby proposed development. The combined traffic generation did not change the conclusions of the traffic study. The intersections surrounding the development will operate acceptably overall. The only projected change to LOS was for left turns from westbound Excelsior Boulevard to southbound Quentin Avenue in the peak hour. The “no build” scenario results in LOS D and the “build” scenario is LOS E. The Engineering Department is working with Hennepin County to potentially install a flashing yellow arrow for left turns at this intersection. Further study regarding the traffic operations of specific intersections in the area was conducted and presented to residents in the area on September 29, and later discussed by the City Council at the October 19 and November 9 study sessions. These studies all concluded that the impacts of this development will not adversely impact operations, beyond what was described previously for the left turn from westbound Excelsior Boulevard to southbound Quentin Avenue South. Potential changes to the intersection of Park Commons Drive and Monterey were discussed at the most recent meetings, but traffic from 4900 Excelsior Boulevard was not a significant factor. Setbacks: The plan provides setbacks ranging from 5.0 feet to 10.0 feet on the south side, 5.0 feet on the west side, and 1.5 feet to 5.0 feet on the east side, and 1.5 feet to 5.0 feet on the north side. The reason for the range of setbacks is that staircases and decks will extend out from the building. Some of the decks are built over, and the staircases along Princeton Avenue and Park Commons Drive are built upon, drainage and utility easements. Since overhead utilities would be discouraged in these locations, and space is available on the Quentin side, the City Council may allow these encroachments provided the property owner is responsible for the costs to remove the stairs or decks if needed to access the easements for public purposes. This requirement will be included in the Planning Development Contract that will bind current and future property owners. Designed Outdoor Recreation Area (DORA): The plan indicates 17% of the lot area is provided for DORA. By staff’s calculation approximately 20% of the area is eligible for DORA. These spaces are provided exclusively on the private rooftop terraces. The plan meets the DORA requirement. Landscaping: The landscaping plan provides 21 of the 204 trees, and provides 61 of the 213 shrubs, that are required by City Code. The plan includes perennials, annuals and vines on the site as well. All of the trees provided will be street boulevard trees and arranged in landscaped boulevard areas. Concept plans have indicated large planter pots will be provided along the south foundation. The proposed Excelsior Boulevard streetscape has been redesigned to incorporate additional boulevard landscaping, instead of relying on trees in grates/vaults. The plan also incorporates planted boulevards, foundation plantings, or a combination thereof. The plan tries to balance Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 10 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading other site design interests including maintenance, maintaining visibility of the storefront, and accessibility of the on-street parking. There are also alternative landscaping components provided. Amenities are provided on the second floor terraces. One of the second floor terraces includes a partial green roof. The first floor of the building includes green wall features. Also, the plan includes an art mural on the northwest corner of the building at the pedestrian level. In the Planning Development Contract, it stipulates the artist and artwork will be selected with public input through a City-led process. While the details of the process have yet to be defined, it is expected that a small group that includes representation from the neighborhood, staff and developer would be included. Council will likely be asked to approve the list of City/Neighborhood representatives at a later date. Tree Replacement: A number of trees on public and private land will be removed to accommodate the planned development. The tree replacement requirement is 222.1 caliper inches. The proposed landscaping plan provides 55 caliper inches. Therefore, $21,593 for cash- in-lieu of plantings will be collected and directed to the City’s tree fund. Waste Storage: The trash is proposed to be managed inside the building. The main residential trash and recycling room is on the P1 Level, and smaller rooms and chutes are provided on each residential floor. Garbage haulers will roll the trash out to the truck and back into the building to avoid trash cans being stored outside on collection days. The commercial trash and recycling will be stored on Level 1 within the loading area under the building near Quentin Avenue. Hours of waste collection is limited by the City’s licensing rules. Both trash and recycling chutes will be provided in the building. The plans also indicate space that would be available if organics collection is available. The Operations and Recreation Department staff reviewed the plans and adequate space has been provided. Utilities: The plans have been reviewed by Engineering and Inspections staff. The system will meet the City Code requirements and the City’s services have capacity to serve the development. The stormwater management and erosion control plans also require review and approval by the Minnehaha Creek Watershed District (MCWD). The on-site stormwater management system will be privately-owned and privately-maintained. PUBLIC INPUT: The Developer held a neighborhood meeting on Wednesday, April 8, to present the proposed development, respond to questions, and learn about resident’s concerns. The meeting was well-attended with approximately 60 people. The major concerns expressed at the neighborhood meeting included: 1) traffic, including congestion on Excelsior Boulevard, capacity of the Quentin Avenue intersection, and cut through traffic in the neighborhoods to the south and on Park Commons Boulevard; 2) adequate parking and access; 3) the building height, including the fit in the area, the impact to the feel along the sidewalks, blocking views/sun, and general density of the development; and 4) the sustainability of the market demand for more apartments and another grocery store in this area. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 11 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading Other issues that were mentioned included hours of operation for the grocery store, the similarity of the building design to Ellipse on Excelsior and other recent developments, lighting impacts, and property tax impacts if the City provides financial assistance to the developer. There were also several residents that attended and spoke at the public hearing on April 15, 2015, where similar concerns were expressed. PLANNING COMMISSION: The Planning Commission recommended approval of the preliminary plat, though they did not support the subdivision variances. City Council approved the preliminary plat with variances. As previously stated in the report, the Planning Commission recommended denial of the Preliminary PUD. Following the Planning Commission meeting, the applicant made revisions to the proposal to try to address concerns raised by the Planning Commissioners and other public input, including, but not limited to eliminating 13 to 25 units, stepping back the portions of the upper floors, and improving the appearance of the first floor of the building. The revised plans responded to several of the concerns and issues raised by residents, Planning Commissioners, and City Council through the public review process. Iterations of the plan were presented in detail in the staff reports and presentations to the City Council at its May 18 regular meeting, June 8 study session, and August 17 study session. Staff also presented an assessment of Excelsior Boulevard traffic capacity to City Council at its August 10 study session. CITY COUNCIL: City Council has reviewed the application on May 18, June 8, August 10, August 23, September 8, November 16 and December 7, 2015 meetings. At the November 16, 2015 City Council meeting a few residents spoke during the TIF public hearing and asked questions about the shadowing and reiterated concerns about parking and traffic generated by the development. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 12 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading ORDINANCE NO.____ -15 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING CHANGING ZONING DISTRICT BOUNDARIES AND CREATING SECTION 36-268-PUD 2 AS A PLANNED UNIT DEVELOPMENT ZONING DISTRICT FOR THE PROPERTY LOCATED AT 4760 AND 4900 EXCELSIOR BOULEVARD 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. 15-03-S and 15-04-PUD) for amending the Zoning Ordinance and Zoning Map to create a new Planned Unit Development (PUD) Zoning District. Sec. 2. The Comprehensive Plan designates this property as Mixed Use. Sec. 3. The legal description for the property this PUD applies to is as follows: Outlot H, PARK COMMONS EAST, Hennepin County, Minnesota. And Commencing at a point in the center line of Excelsior Avenue distant 313.25 feet Northeasterly from its intersection with the Westerly line of the Northeast Quarter of the Northwest Quarter of Section 7, Township 28, Range 24, Hennepin County, Minnesota; thence Northwesterly at right angles from the center line of said Excelsior Avenue a distance of 310.0 feet; thence Northeasterly along a line parallel to said center line to the most Westerly comer of Registered Land Survey No. 832; thence Southeasterly along the Westerly line of said Registered Land Survey and its extension Southeasterly to the center line of Excelsior Avenue; thence Southwesterly along said center line to the place of beginning; all in said Section 7, Township 28, Range 24, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. (To be platted and legally described as Lot 1, Block 1, Park Commons West, Hennepin County, Minnesota.) And extending to the center line of all adjacent streets. Sec. 4. The Zoning Map is hereby amended to change the zoning of the above described property from Mixed Use (MX) and High Density Multiple Family (RC) to Planned Unit Development (PUD 2). Sec. 5. The St. Louis Park Ordinance Code, Section 36-268 is also hereby amended to add the following Planned Unit Development Zoning District: Section 36-268-PUD 2. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 13 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading (a). Development Plan The site shall be developed, used and maintained in conformance with the following Final PUD signed Official Exhibits: C1.0 Cover Sheet C2.0 Demolition Plan C2.1 Phase I Erosion Control Plan C2.2 Phase II Erosion Control Plan C2.3 Erosion Control Details C3.0 Site Plan C4.0 Grading and Drainage Plan C4.1 P-01 Drainage Plan C4.2 P-02 Drainage Plan C4.3 Stormwater Details C5.0 Utility Plan L100 Landscape Plan A001 Site Plan A002 Floor Plans A003 Floor Plans A004 Floor Plans A005 Floor Plans A006 Rendering A007 Elevations A008 Elevations A009 Elevations E001 Exterior Lighting Plan PP2 Preliminary Plat Final Plat Zoning Map Amendment Exhibit Parking Management Plan The site shall also conform to the following requirements: (1) The property shall be developed with 164 to 176 multiple family dwelling units totaling not more than 228 bedrooms, and not more than 28,250 square feet of commercial space. (2) Parking will be provided in parking ramps and adjacent on-street parking bays. Three-hundred thirty-nine (340) parking spaces will be provided: 241 spaces for residential units, 66 spaces for commercial uses, and 33 on-street spaces. At least 20 of parking spaces on Level P1 will be available for shared parking for employees of the commercial uses and residential guest parking. (3) The maximum building height will be 77 feet and six stories tall, plus up to an additional eight feet for the rooftop metal trellis architectural elements. (4) The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 14 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading (b) Permitted uses. The following uses are permitted in the PUD 2 district. (1) Multiple family uses. (c) Uses permitted with conditions. A structure or land in the PUD 2 district may be used for one or more of the following uses if it complies with the conditions specified for the use in this subsection: (1) Commercial uses. Commercial uses limited to the following: bank, food service, grocery store, large item retail, liquor store, medical or dental office, office, private entertainment (indoor), retail, service, showroom and studio. These commercial uses shall meet the following conditions: a. Commercial uses are limited to the first floor. b. Hours of operation, including loading/unloading of deliveries, for commercial uses shall be limited to 6 a.m. to 12 a.m. c. In-vehicle sales or service is prohibited. d. Restaurants are prohibited. e. Outdoor storage is prohibited. (2) Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, indoor public parks/open space, libraries, museums/art galleries, police service substations, post office customer service facilities, public studios and performance theaters. (d) Accessory uses Accessory uses are as follows: (1) Parking ramps. (2) 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. (3) Home occupations complying with all of the conditions in the R-C district. (4) Catering, if accessory to a food service, grocery store or retail bakery. (5) No outdoor uses or storage allowed. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 15 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading (f) Special Performance Standards (1) All general zoning requirements not specifically addressed in this ordinance must be met, including but not limited to outdoor lighting, architectural design, landscaping and all screening requirements. (2) Each commercial tenant space on the ground floor shall have a direct and primary access to the outside of the building that is open during business hours. (3) All trash handling and loading areas must be inside of the building and screened from view. (4) Signs shall be allowed in conformance with the following conditions: a. Pylon signs are not permitted; and b. Maximum allowable number, size and height of signs shall be regulated by section 36-362 per the MX district regulations. (5) Façade. The following design requirements shall be applicable to all ground floor, non-residential facades along Excelsior Boulevard: a. Façade Transparency. 1. The façade shall be primarily transparent materials at the pedestrian level. 2. No more than 10% of the total window and door area shall be glass block, mirrored, spandrel, frosted or other opaque glass, finishes or material including window painting and signs. The remaining 90% of window and door area shall be clear or slightly tinted glass, allowing views into and out of the interior. 3. Visibility into the tenant spaces from the exterior windows and doors shall be maintained for a minimum depth of three feet. This requirement shall not prohibit the display of merchandise. Display windows may be used to meet the transparency requirement. (6) 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. (7) Use of Sidewalk. A business may use that portion of a sidewalk extending a maximum of five feet from the building wall for the following purposes, provided a six-foot minimum horizontal clearance along Excelsior Boulevard is maintained between obstructions on public sidewalks and provided that all activity is occurring on private property: a. Display of merchandise. b. Benches, planters, ornaments and art. c. Signage, as permitted in the zoning ordinance. d. Dining areas may extend beyond five feet of the building, provided six feet minimum horizontal clearance along Excelsior Boulevard is maintained between the obstructions on the sidewalk. An agreement shall be obtained for any temporary private use of public land for seating upon any public right-of-way or easements. Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 16 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading Sec. 6. The contents of Planning Case File 15-03-S and 15-04-PUD are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 7. This Ordinance shall take effect fifteen days after its publication. Public Hearing April 15, 2015 First Reading December 7, 2015 Second Reading December 14, 2015 Date of Publication December 24, 2015 Date Ordinance takes effect January 8, 2016 Reviewed for Administration Adopted by the City Council December 14, 2015 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 17 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading SUMMARY FOR PUBLICATION ORDINANCE NO.____-15 AN ORDINANCE CREATING A NEW PLANNED UNIT DEVELOPMENT ZONING DISTRICT 4760 AND 4900 EXCELSIOR BOULEVARD This ordinance states that the Zoning Map shall be amended from MX Mixed Use and RC High Density Residential to PUD 2; and the Zoning Ordinance Code, Section-268 will be amended to add Section 36-268-PUD 2. Both actions relate to the redevelopment of the parcels at 4760 and 4900 Excelsior Boulevard. This ordinance shall take effect 15 days after publication. Adopted by the City Council December 14, 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: December 24, 2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Page 18 Title: 4900 Excelsior Final Planned Unit Development (PUD) – Second Reading November 2015    4900 Excelsior   Parking Management Plan      General Parking Plan     1. On site management will enforce parking policies in garage and on the surface lot.  2. Site and garage signs to designate parking for limited periods of time and specific uses  to help manage parking.  3. The City will manage on‐street parking, which may include signs to limit the duration of  parking for grocery customers, residential, and the general public.      Commercial Parking (Level 1)     1. Grocery customer parking is provided on the surface level (Level 1).  2. The following signage will be provided on the surface level:  “GROCERY CUSTOMER PARKING ONLY 7AM‐10PM DAILY  RESIDENTIAL GUEST PARKING PERMITTED 10PM‐7AM DAILY”  3. Residential guests will be required to register their vehicle with the residential  management office.      Residential Parking (P1 & P2)    1. All residents must park in underground garage (P1 & P2).   2. Access to the parking garage (on Park Commons to P1 level) will be signed “RESIDENTIAL  & GUEST PARKING”.   3. Access will be secured with a full garage door, operable via card reader for residents and  employees and a call box for residential guests.    4. The Grocery Employees will park on P1. The 20 stalls closest to the parking garage  entrance on P1 will be signed “GROCERY EMPLOYEE PARKING ONLY 6AM‐10PM DAILY”  5. Residential guests may park in the spaces marked “RESIDENTIAL GUEST” or overnight in  the spots marked “GROCERY EMPLOYEE PARKING ONLY 6AM‐10PM DAILY”.   6. Residential guests will be required to register their vehicle with the residential  management office.    7. All resident and grocery employee vehicles that have a key fob or card for access to the  underground garage will be registered with management.  8. Tandem stalls on P2 will be numbered (marked “# RESERVED”) and assigned to  residents.    9. No inoperable or storage vehicles allowed.      Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 19 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 20 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 21 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 22 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 23 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 24 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 25 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 26 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 27 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 28 5' -0 "10' -0 "10' -0 "13' -3 1 /2 "4' -0 "4' -0 "4' -0 "4' -0 "45' -0 "00' -0"1010' -0 "2"2"13' -3 1 /2 "34' BUILDING/ EXCAVATION AREA 266'-5" 20'-6" 25'-5"25'-1/2"13'-9 1/ 2"20' -2 1 /2 " 33'-9" 22'-11"2"17' -5 " CONST R U C TI O N L O A DI N G Z O N E CONED O R F E N C E D I N CONST R U C T I O N L O A DI N G Z O N E CONED O R F E N C E D I N CONSTRUCTION LOAD ING ZONECONED OR FENCED IN SHUT DOWN WEST PARKING LANE FOR CONSTRUCTION TURN EAST PARKING LANE INTO MOVING LANE KEEP ROAD OPEN MINIMUM WIDTH FOR TWO WAY TRAFFIC KEEP 4' MINIMUM PATH OPEN FOR EXCELSIOR SIDEWALK SIDE WALK MAY NEED TO BE SHUT DOWN PERIODICALLY CONTRACTOR'S STAGING DIAGRAM Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 29 11-30-2015Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 30 PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 31 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A002 4900 Excelsior FLOOR PLANS PUD SUBMITTAL 11-09-2015 25 SHARED SPACES FOR GROCERY EMPLOYEES AND RESIDENTIAL GUESTS TRASH AND RECYCLING AREA: LEVEL P2: 740 SF LEVEL 1: 430 SF LEVEL 2: 35 SF LEVEL 3: 35 SF LEVEL 4: 35 SF LEVEL 5: 35 SF LEVEL 6: 35 SF TOTAL: 1,345 SF OFF-STREET PARKING LEVEL P2: 69 LEVEL P1: 172 LEVEL 1: 66 TOTAL: 307 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 32 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A003 4900 Excelsior FLOOR PLANS PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 33 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A004 4900 Excelsior FLOOR PLANS PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 34 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A005 4900 Excelsior FLOOR PLANS PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 35 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A006 4900 Excelsior RENDERING PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 36 REVISIONSDATENo.DATEDRAWN BYCHECKED BYCOMMISSION NO.CERTIFICATIONLicense Number 2014 BKV Group, Inc. EOECI hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional underthe laws of the State of Minnesota.08-25-2015Date1990.01BHBHA0074900 ExcelsiorELEVATIONSSCALE: 3/32" = 1'-0"11-25-2015Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 37 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A008 4900 Excelsior ELEVATIONS SCALE: 3/32" = 1'-0" PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 38 REVISIONS DATENo. DATE DRAWN BY CHECKED BY COMMISSION NO. CERTIFICATION License Number 2014 BKV Group, Inc. EOEC I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional under the laws of the State of Minnesota. 08-25-2015 Date 1990.01 BH BH A009 4900 Excelsior ELEVATIONS SCALE: 3/32" = 1'-0" PUD SUBMITTAL 11-09-2015 Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 39 4900 ExcElsior BoulEvard 07/07/2015 November 22nd / January 20th - 9am November 22nd / January 20th - 10 am November 22nd / January 20th - 11 am November 22nd / January 20th - 1 pm November 22nd / January 20th - 2 pmNovember 22nd / January 20th - 12 pm November 22nd / January 20th - 3 pm Shadowing at Wolfe Park Condominiums (4800 Park Commons Drive) - Neighboring Building to Northeast Allowable Shadow Coverage starting Nov 22: 50% Actual Shadow Coverage starting Nov 22: 29% Shadowing at West Building of Excelsior and Grand (4756 Excelsior Boulevard) - Neighboring Building to East Allowable Shadow Coverage starting Nov: 22: 50% Actual Shadow Coverage starting Nov 22: 39% Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second Reading Page 40 EGRESS FROMLEVEL 2-6EGRESS FROMLEVEL 2-6EXIT (1)EXIT (2)EGRESS FROMLEVEL 2-6EXITEXITEXIT11-30-2015Special City Council Meeting of December 14, 2015 (Item No. 2a) Title: 4900 Excelsior – Final Planned Unit Development (PUD) - Second ReadingPage 41 Meeting: Study Session Meeting Date: December 14, 2015 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – December 21, 2015 and January 11, 2016 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for a Special Study Session on December 21, 2015 and the regularly scheduled Study Session on January 11, 2015. POLICY CONSIDERATION: Does the Council agree with the agendas as proposed? SUMMARY: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the proposed discussion items for a Special Study Session on December 21, 2015 and the regularly scheduled Study Session on January 11, 2015. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Tentative Agendas – December 21, 2015 & January 11, 2016 Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of December 14, 2015 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – December 21, 2015 and January 11, 2016 Special Study Session, December 21, 2015 – 6:45 p.m. (Mayor Jacobs Out) Tentative Discussion Item 1. Consider Draft Resolution to FAA – Inspections (30 minutes) An increasing number of aircraft noise complaints from SLP residents over the past years have prompted the question – what can we do? As a first step, staff has prepared a draft resolution for Council consideration, requesting the FAA be more inclusive when determining areas impacted by aircraft noise surrounding major airports. The current noise contours surrounding MSP are originally based on a 1980’s methodology and end outside of SLP at the 60DNL line. They are not reflecting the actual environmental impact occurring in the city from aircraft. MAC Commissioner Lisa Peilin will be attending. Council Photos January 11, 2016 – 5:30 p.m. – Council Chambers Study Session, January 11, 2016 – 6:30 p.m. Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Santorini Redevelopment Proposal – Community Development (30 minutes) Discussion regarding a possible redevelopment proposal on the former Santorini property (9920 Wayzata Blvd) and preliminary request for financial assistance. 3. Review Draft Legislative Issues and Priorities Agenda – Administrative Services (30 minutes) Feedback is requested on the details of the agenda proposed for the Legislative Issues & Priorities Discussion with our state and county elected representatives, and Met Council Representative scheduled for February 8, 2016. Reports 4. November 2015 Monthly Financial Report Meeting: Study Session Meeting Date: December 14, 2015 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: SWLRT Station Design RECOMMENDED ACTION: No formal action is necessary at this time. SWLRT Project Office staff will be at the study session to present the current architecture and site/station design and request Council feedback. POLICY CONSIDERATION: Does the City Council have questions or concerns regarding the station architecture and site design? SUMMARY: Southwest LRT Project Office (SPO) staff will be presenting information at the meeting on the SWLRT station architecture and design proposed in St. Louis Park; please see attached graphics. Last spring the City Council reviewed some of the initial designs, and provided feedback on the designs to suggest additional shelter area, heat and seating on the platform; those requests have been modified in the new design. The attached designs are now more complete, and include the platforms, walkways, parking lots, and landscaping. SPO Staff will review the station platform design and site/landscape plans, and will bring materials to show the structural steel paint color, soffit materials, fascia materials, concrete, and window frame materials and colors. The primary areas for discussion for the City Council are to consider the colors shown, and to consider themes for the graphics that will be in the “wicket” structures. The graphic designers will be able to customize the graphics for each station, and can reflect the local flavor of the area. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: SWLRT Station Design for St. Louis Park Stations Prepared by: Meg McMonigal, Principal Planner Reviewed by: Michele Schnitker, CD Deputy Director/Housing Supervisor Approved by: Tom Harmening, City Manager DRAFT - WORK IN PROCESS LOUISIANA STATION CONCEPT PLAN NOVEMBER 2015 STORMWATER AREA (TYP) BUS STOP BUS STOP CONCRETE WALK (TYP) LIGHT FIXTURE (TYP)LOUISIANA AVE. S.OXFORD STREET W. TPSS SOUTHERN FREIGHT SPUR PEDESTRIAN UNDERPASSCEDAR LAKE REGIONAL TRAIL PASSENGER DROP-OFF POTENTIAL FUTURE SHUTTLE BUS STOP STATION CROSSING HOUSE LOUISIANA STATION 0 30’60’120’ OVERSTORY TREE (TYP) FENCE TYPE A (TYP) FENCE TYPE B (TYP) SOUTHERN SPUR OVERPASS NATIVE SEED (TYP) BALLAST (TYP) BENCH (TYP)LRT TRACK 2 LRT TRACK 1 FREIGHT TURF (TYP)EDGEWOOD AVE. S.BENCH (TYP) TRASH/RECYCLING RECEPTACLE BICYCLE PARKING PLANTING BED (TYP) BICYCLE PARKING FENCE TYPE A (TYP) TURF (TYP) BENCH (TYP) FENCE - TYPE B BICYCLE PARKINGCONCRETE WALK INTEGRALLY COLORED CONCRETE (TYP) PLANTING BED (TYP) PEDESTRIAN FLASHER (TYP) 0 10’30’60’ PEDESTRIAN UNDERPASS TO CEDAR LAKE REGIONAL LOUISIANA STATION ORNAMENTAL TREE (TYP)OVERSTORY TREE (TYP) Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 2 Fall 2015 Draft - Work in Process Louisiana Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 3 Fall 2015 Draft - Work in Process Louisiana Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 4 Fall 2015 Draft - Work in Process Louisiana Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 5 TRAIL UNDERPASS TURF (TYP) TRAIL (TYP.) FENCE TYPE B (TYP) STATION CROSSING HOUSE BICYCLE PARKING (TYP) PLANTING BED (TYP) PEDESTRIAN FLASHER (TYP) GATE ARM (TYP) INTEGRALLY COLORED CONCRETE WALK FENCE TYPE A (TYP) RETAINING WALL WITH FENCE TYPE A TRASH/RECYCLING RECEPTACLE (TYP) BENCH (TYP) CONCRETE WALK (TYP)PASSENGER DROP-OFFWOODDALE AVE S.W. 3 6 T H S T R E E T YOSEMITE AVE S.LRT TRACK 2 LRT TRACK 1 FREIGHT LIGHT FIXTURE (TYP) OVERSTORY TREE (TYP) NATIVE SEED (TYP) 0 15’30’60’ CEDAR LAKE REGIONAL TRAIL BALLAST (TYP) DRAFT - WORK IN PROCESS WOODDALE STATION CONCEPT PLAN NOVEMBER 2015 WOODDALE STATION Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 6 Fall 2015 Draft - Work in Process Wooddale Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 7 Fall 2015 Draft - Work in Process Wooddale Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 8 Fall 2015 Draft - Work in Process Wooddale Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 9 DRAFT - WORK IN PROCESS BELTLINE STATION CONCEPT PLAN NOVEMBER 2015 CROSSING HOUSE INTEGRALLY COLORED CONCRETE WALK (TYP) BUS DRIVER FACILITY BUS SHELTER TRAIL BRIDGE OVERSTORY TREE (TYP) CONIFEROUS TREE (TYP) NATIVE SEED (TYP) CEDAR LAKE REGIONAL T R A I L FREIGHT BENCH (TYP) LRT TRACK 2 LRT TRACK 1 PEDESTRIAN FLASHER (TYP)BELTLINE BLVD.CSAH 25 FENCE TYPE A (TYP) FENCE TYPE B (TYP) PLANTING BED (TYP) TURF (TYP) CONCRETE WALK (TYP) BICYCLE PARKING (TYP) LIGHT FIXTURE (TYP) ORNAMENTAL TREE (TYP) BUS STOPPASSENGER DROP-OFF0 25’50’100’ BELTLINE STATION STATION CROSSING HOUSE RETAINING WALL WITH FENCE TYPE B Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 10 Fall 2015 Draft - Work in Process Beltline Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 11 Fall 2015 Draft - Work in Process Beltline Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 12 Fall 2015 Draft - Work in Process Beltline Station Study Session Meeting of December 14, 2015 (Item No. 2) Title: SWLRT Station Design Page 13 Meeting: Study Session Meeting Date: December 14, 2015 Discussion Item: 3 EXECUTIVE SUMMARY TITLE: Local and Regional Government Alliance on Race and Equity – 2016 Initiative RECOMMENDED ACTION: The purpose of this discussion is to determine the City’s level of participation in this initiative. POLICY CONSIDERATION: Should the City of St. Louis Park participate in the initiative sponsored by the Government Alliance on Race and Equity and the League of Minnesota Cities at either the organization level, City Council level, or both? SUMMARY: The Government Alliance on Race and Equity (GARE), in partnership with the League of Minnesota Cities, is launching a new cohort of governmental jurisdictions that will systemically focus on advancing racial equity. Participating jurisdictions will be cities, towns and counties from across Minnesota that make a one-year commitment. In addition, an elected official’s track will support the engagement and leadership of elected officials in advancing racial equity. Attached is more information on this initiative. Each participating community will be asked to identify a team of two to six people. Teams can include key governmental leadership and staff, as well as representatives from other community based organizations. Meetings will be held monthly and range in length from a couple of hours to all day events. Some outstate travel may be required. Upon completion of the one year program, deliverables for each jurisdiction would include: • A racial equity training curriculum and a set of trained facilitators ready to implement the training, • A Racial Equity Tool to be used in policy, practice, program and budget decisions, • Example policies and practices that help advance racial equity, and • A Racial Equity Action Plan (developed by the jurisdiction’s team with technical assistance from GARE). The parallel Elected Officials track appears to require less of a time commitment. FINANCIAL OR BUDGET CONSIDERATION: The cost for the City to participate in the year-long cohort process is $5,000 plus misc. expenses. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Local and Regional Government Alliance on Race & Equity – Advancing Racial Equity: Putting Theory Into Action Prepared by: Tom Harmening, City Manager Advancing Racial Equity: Pu3ng Theory Into Ac:on A learning cohort for local and regional government in Minnesota The Government Alliance on Race and Equity (GARE), in partnership with the League of Minnesota CiBes, will launch a new cohort of governmental jurisdicBons that are systemically focusing on advancing racial equity. ParBcipaBng jurisdicBons will be ciBes, towns and counBes from across Minnesota that make a one-year commitment, as described below. In addiBon, an elected official track will support the engagement and leadership of elected officials in advancing racial equity. Click here to register your city or county. Click here to register for the elected official caucus. Key components of the cohort will include: ¥A curriculum that builds on the exisBng and growing field of governmental pracBces to advance racial equity. Technical assistance and academic research from the Government Alliance on Race and Equity, Haas InsBtute for a Fair and Inclusive Society and Center for Social Inclusion will be provided. ¥Mentors from similarly situated jurisdicBons who have experience with implementaBon of racial equity iniBaBves. Mentor connecBons will take into account: locaBon, size, form of government, demographics and other characterisBcs. Beyond mentoring, the cohort as a whole will be structured to support peer-to-peer strategizing and problem-solving. ¥An “Advancing Racial Equity” speaker series that will provide the opportunity to learn and strategize across jurisdicBons and with the community. The series will help increase broad understanding of and commitment to the leverage potenBal of cross-sector, cross- jurisdicBon collaboraBon. Deliverables for each jurisdicBon include: ¥A racial equity training curriculum and a set of trained facilitators ready to implement the training, ¥A Racial Equity Tool to be used in policy, pracBce, program and budget decisions, ¥Example policies and pracBces that help advance racial equity, and ¥A Racial Equity AcBon Plan (developed by the jurisdicBon’s team with technical assistance from GARE) The structure will consist of monthly sessions, with a quarterly rotaBon between 1) skill building and strategy development, 2) an “Advancing Racial Equity” speaker series, and 3) peer-to-peer networking and problem solving. This quarterly rotaBon process will allow three months for implementaBon of acBon steps before new topics are introduced. Each parBcipaBng site will idenBfy a team of people to parBcipate in the enBre series (recommended size of team is two to six people). Teams should include key governmental leadership and staff firmly commiZed to advancing racial equity and transforming government, LOCAL AND REGIONAL GOVERNMENT ALLIANCE ON RACE & EQUITY Study Session Meeting of December 14, 2015 (Item No. 3) Title: Local and Regional Government Alliance on Race and Equity – 2016 Initiative Page 2 as well as elected officials who will parBcipate in the speaker series. Community based organizaBons that work with government are also welcomed team members. An elected official track will include the “Advancing Racial Equity” speaker series and two caucus meeBngs. The pre-idenBfied interests of the elected officials will determine the agenda for these caucuses. Elected officials whose jurisdicBons are not parBcipaBng in the cohort are welcome to register independently. A general overview of the series is as follows: To parBcipate in the cohort, jurisdicBons will: ¥Commit to send a team of two to six people to the enBre series (total commitment of 56 hours per person at cohort events, as described above, plus compleBon of acBon steps between sessions) ¥Work with GARE and LMC to promote the Advancing Racial Equity speaker series to elected officials, government staff and community partners. ¥Training cost – $5,000 per jurisdicBon, plus travel costs. All events will be in Minnesota, with the bulk being in the Twin CiBes region. The cost for parBcipaBon in the elected officials track is $100. January Core racial equity concepts and train-the-trainer (two days) February o “Advancing Racial Equity” speaker series (two hours) March o Report on homework, networking, problem solving and strategizing (two hours) o Caucus meeBng of elected officials leading on racial equity April Developing and implemenBng structure and leadership for a racial equity iniBaBve, working with the community (one day) May o “Advancing Racial Equity” speaker series (two hours) June o Report on homework, networking, problem solving and strategizing (two hours) July Using a Racial Equity Tool (one day) August o “Advancing Racial Equity” speaker series (two hours) September o Report on homework, networking, problem solving and strategizing (two hours) o Caucus meeBng of elected officials leading on racial equity October CommunicaBons and strategic planning (one day) November o Report on homework, networking, problem solving and strategizing (two hours) December o “Advancing Racial Equity” speaker series with a special recogniBon and celebraBon of compleBon of first cohort (two hours) Study Session Meeting of December 14, 2015 (Item No. 3) Title: Local and Regional Government Alliance on Race and Equity – 2016 Initiative Page 3 GARE will ¥Manage and implement the overall project, including provision of training, sharing of curriculum, tools and resources, arrangement of speaker series, communicaBons and outreach, etc. ¥Provide the following for all jurisdicBons parBcipaBng in the cohort: o Best, promising and next pracBces. PracBces will include racial equity tools, racial equity training curriculum, model policies, and surveys. o Cross-cohort learning opportuniBes, including peer-to-peer exchanges, as well as technical assistance from academic and advocacy experts. o Technical assistance on cross-jurisdicBonal priority areas, such as educaBon, living wage jobs, criminal jusBce, health, equitable development, public infrastructure, etc. The League of Minnesota CiBes will: ¥Assist with recruitment for the series ¥Disseminate informaBon to LMC membership and publicity for special events ¥Work with GARE to obtain foundaBon funding Background The Government Alliance on Race and Equity is a naBonal network of government working to achieve racial equity and advance opportuniBes for all. The Alliance uses a three-prong approach: 1)Support a cohort of jurisdicBons that are at the forefront of work to achieve racial equity. 2)Build pathways for new jurisdicBons to begin doing racial equity work 3)Expand and strengthen local and regional collaboraBons that are broadly inclusive and focused on achieving racial equity Across the country, we have seen governmental jurisdicBons that are: ¥Making a commitment to achieving racial equity, ¥Focusing on the power and influence of their own insBtuBons, and ¥Working in partnership across sectors and with the community to maximize impact in the community. Government’s proacBve work on racial equity has the potenBal to leverage significant change, segng the stage for the achievement of racial equity in our communiBes. The Alliance launched a naBonal cohort of jurisdicBon at the forefront of racial equity work in 2014, including four jurisdicBons in the Twin CiBes area – Minneapolis, Saint Paul, the Minneapolis Park Board and the Metropolitan Council. SupporBng a targeted cohort of jurisdicBons and providing best pracBces, tools and resources is helping to build and sustain current efforts and build a naBonal movement for racial equity. In addiBon to the four jurisdicBons that are a part of the current cohort, addiBonal interest has been expressed by other ciBes and counBes as a result of increasing awareness of the importance of government working on racial equity. The Convening on Racial Equity in August of 2014 and the Minneapolis City Managers AssociaBon 2015 Mid-Winter Workshop on Racial Equity coalesced addiBonal interest from ciBes and counBes across the state. Study Session Meeting of December 14, 2015 (Item No. 3) Title: Local and Regional Government Alliance on Race and Equity – 2016 Initiative Page 4 Meeting: Study Session Meeting Date: December 14, 2015 Discussion Item: 4 EXECUTIVE SUMMARY TITLE: Westwood Hills Nature Center Master Plan Update RECOMMENDED ACTION: The purpose of this report and study session discussion is to provide the City Council with an update on the Westwood Hills Nature Center master planning process. POLICY CONSIDERATION: Does the Council wish to continue with the direction of the study that includes potentially changing the location of the interpretive center building? SUMMARY: The city recently hired Miller Dunwiddie Architecture to create a comprehensive master plan to address the facility development and programming goals for the Westwood Hills Nature Center. The Westwood Hills Nature Center interpretive center is undersized and the building is in poor condition. The poor conditions of this facility and the success of the programs we offer at this site with limited program space, were the impetus behind a master planning process. The master plan will include topics such as a facility study and program evaluation including: schematic design and location of the interpretive center, assessment of classrooms with educational components, parking lot needs, etc. along with current and future program needs. PUBLIC PROCESS: Program and facility survey for participants of the following events:  October 16 & 17: Halloween Party (Westwood Hills Nature Center) o Approximately 200 participated in the survey  October 23: Halloween Party (The Rec Center, 3700 Monterey Drive) o Information on public meetings distributed Initial Public Input Meeting (Westwood Hills Nature Center): October 27, 6 - 8 p.m. o 20 attendees at meeting Second Public Input Meeting (Westwood Hills Nature Center): January 12, 2016, 6 - 8 p.m. BUILDING DESIGN: Attached are two designs that Miller Dunwiddie created based on public input. These designs show options for where the interpretive center could be located. One of the designs shows the building in its current location and the other shows it closer to the parking lot. The designs will be discussed in great detail at the second public input meeting. FINANCIAL OR BUDGET CONSIDERATION: The Master Plan Study is budgeted at $50,000 and was approved in the 2015 CIP budget. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. St. Louis Park is committed to being a leader in environmental stewardship. SUPPORTING DOCUMENTS: Discussion Interpretive Center Location Design Options Prepared by: Mark Oestreich, Manager of Westwood Hills Nature Center Jason T. West, Recreation Superintendent Reviewed by: Cindy S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Study Session Meeting of December 14, 2015 (Item No. 4) Page 2 Title: Westwood Hills Nature Center Master Plan Update DISCUSSION BACKGROUND: The Westwood Hills Nature Center interpretive center is undersized for the programs we offer. In addition, the building is in poor condition. When it rains, water seeps through the walls and the heating system is failing. The poor conditions of this facility and the success of the programs we offer at this site, with limited program space, were the impetus behind a master planning process. The master plan will include topics such as a facility study and program evaluation including, but not limited to, schematic design and location of the interpretive center, assessment of classrooms with educational components, parking lot needs, along with current and future program assessment needs. Citizen input is playing a key role in shaping this plan. There have been several events planned where Miller Dunwiddie gathered input from the community in regards to developing the Master Plan. Over 200 participants completed surveys at the Westwood Hills Nature Center’s Halloween Party on October 16 & 17, there were approximately 35 individuals who completed the online survey, and 20 participants attended the first public meeting on October 27. The second public meeting will be on January 12, 2016 at Westwood Hills Nature Center. This meeting will be publicized via postcards sent to residents, the city’s website and social media, informing the School District, utilizing an email blast to past program users and promoting the meeting on Park TV. To gain additional input, Miller Dunwiddie met with parks maintenance staff, programming staff, and volunteers. This really helped the architects understand the first- hand issues with the facility. PRESENT CONSIDERATIONS: The common themes that emerged from the public input were as follows:  Building location closer to the parking lot for convenience and accessibility  The need for more parking  The size of the class/meeting rooms which would be kept intimate for 50 people but could open up big enough to accommodate 150 participants  Preschool possibilities  Net zero building from an environmental perspective At this time the preliminary interpretive center layouts would have a gathering space when you enter the facility along with restrooms, animal displays, front counter space and staff offices. Towards the back of the facility would be three class/meeting rooms that could have an occupancy of 50 people per room. These rooms would open up to one larger rental room that would accommodate approximately 150 people where there would also be an option for a catering kitchen to accompany this space. If the consensus would be to move the interpretive center to a location adjacent to the parking lot, the waterfall would stay on top of the hill with another amenity such as a pavilion or a small amphitheater for patrons to enjoy. In either scenario, the parking lot would need to be expanded. Some of the prairie area located east of the driveway and land to the west of the driveway could be utilized for additional parking. Study Session Meeting of December 14, 2015 (Item No. 4) Page 3 Title: Westwood Hills Nature Center Master Plan Update NEXT STEPS:  Miller Dunwiddie will conduct focus group sessions.  Public Meeting to be held Jan 12, 2016 from 6 pm–8 pm at the Westwood Hills Nature Center. At this meeting the community will be able to review the master plan concepts and provide detailed input.  After the public meeting Miller Dunwiddie will take all the input and finalize a building footprint, location, layout, and programming needs to create a master plan.  Miller Dunwiddie will present the final Westwood Hills Master Plan to the City Council in March. Study Session Meeting of December 14, 2015 (Item No. 4) Title: Westwood Hills Nature Center Master Plan UpdatePage 4 Study Session Meeting of December 14, 2015 (Item No. 4) Title: Westwood Hills Nature Center Master Plan UpdatePage 5 Meeting: Study Session Meeting Date: December 14, 2015 Discussion Item: 5 EXECUTIVE SUMMARY TITLE: Review Draft Agenda for 2016 City Council Workshop RECOMMENDED ACTION: No formal action requested. Feedback is requested on the details of the agenda proposed for the Council Workshop. POLICY CONSIDERATION: Does the summary listed below meet the Councils expectations for developing a detailed agenda for the workshop? SUMMARY: At a December Study Session Council discussed the annual workshop and asked staff to provide Council with a brief a survey to allow feedback on topics or issues that could be discussed. Attached is a summary of the comments received for the two questions provided. These comments were organized under various themes that emerged. Councilmembers Sanger, Lindberg and Mayor elect Spano agreed to work with staff on reviewing survey information and preparing a draft agenda for its review. Since that time the workshop planning group met and discussed the survey results. After discussion the workshop group recommended the following outline be used to develop a detailed agenda: Thursday  Relational Learning, Styles & Leadership (including the Mayors approach/style)  Carver Governance Model  Specific role of the Mayor, At-large, and Ward Councilmembers  Unwritten Rules and Council Norms  Change and moving forward Friday  Big Bowl Discussion – What does St. Louis Park look like 15 years from now?  2015 – 2025 City Council Goals/Strategies review, check in and discussion  Trust and Credibility – The relationship between the City and the Community it serves Bridget Gothberg from BG Consulting will facilitate at least the Thursday portion of the workshop. The Workshop Planning Committee and staff will provide a detailed explanation of the proposed agenda during the study session. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: All areas of Vision are potentially impacted by the outcomes of the Workshop SUPPORTING DOCUMENTS: Survey Results Prepared by: Nancy Deno, Deputy City Manager/HR Dir. and Tom Harmening, City Manager Study Session Meeting of December 14, 2015 (Item No. 5) Page 2 Title: Review Draft Agenda for 2016 City Council Workshop SURVEY SUMMARY 1. Please identify any specific topic(s) or issue(s) you want to make sure is/are discussed during the late afternoon/evening session on Thursday relating to the “Council as a High Functioning Team/Relational Learning”. Carver Governance Model:  Discussion on our commitment to Carver Model of Governance.  Focus on big bowl discussions. We need to not get bogged down in the minutiae of an issue especially if we haven't even asked if the question we are discussing is a valid one. This can waste valuable discussion and staff research time. We need to set the goals/let staff implement them. The ongoing assessments discussion is a good one. Council Performance:  Primer on current best practices of our council as an organization. Clearly, many of the best practices are working very well and should be continued. However, I would ask that we spend time discussing how the council may also be open to discuss new best practices at this time versus “that’s how we’ve always done it”. Can we get an exper t to lead us in this exercise? Someone who can perhaps even assess our council and lead us into a higher functioning team?  Interested in looking at recent examples of non-high functioning councils and what happened there that we can avoid. Soren was present for some of the dysfunction in North St. Paul; he may be able to assist. Plenty of stories in the press over past 12 months. Styles, Leadership and Team:  Gregoric comparisons since there are new members and roles.  The proposed agenda, with emphasis on our learning and communication styles, and building a team. Discussion of new leadership style and preferences for doing things differently if applicable.  Discussion of new leadership style with a new Mayor in place and how that may change our processes and dynamics, compared with previous approach.  I am looking forward to Bridget working with us as a team. Thanks Bridget. Council norms, with affirmative agreement from each member. Study Session Meeting of December 14, 2015 (Item No. 5) Page 3 Title: Review Draft Agenda for 2016 City Council Workshop SURVEY SUMMARY 2. If you would like to discuss another big picture policy related topic on Friday in addition to a discussion on the 2015 – 2025 City Council Goals/ Strategies, what would that be? To ensure understanding, please elaborate or be as specific as possible. Housing:  How to ensure that we include move-up housing in future redevelopment projects.  Discuss expanding the affordable housing policy to require 20-25% affordable units, given its current success.  Discuss expanding senior affordable housing in the community Public Process/Community Engagement:  How to better include residents early in the planning processes for new development projects. Racial Equity:  How do we reach for more racial/cultural equity in our city leadership- neighborhood associations, commissions, council?  Revisit the Council 2025 Goals/Strategies and shaping them through a racial equity lens (how can our work promote opportunity and access for those groups that have historically had less opportunity? How do we build a broad and inclusive community?) Possibly we will have committed to participating in the Race and Equity Convening as a City, so this effort will dovetail with that action. Visioning Process:  How do we begin the overall city visioning process?  Vision process discussion (I like the idea of an integrated vision and comp plan). Environment:  Discuss the overall environmental program initiatives, coordinating our various campaigns, though I understand we may do that later in conjunction with the Environment & Sustainability Commission.  Development of a comprehensive Sustainability Plan (measurable outcomes).  Consideration of Living Streets policy (currently in discussion in Commission). Community Trust:  I would rather not discuss additional policies we'd like to implement; we have plenty on our plate already. We have bigger issues that need our attention; namely, we have to have a discussion about trust in our community. Too often, whether it's Reilly tar, growth, how we charge for certain services, or how we make decisions, the public is increasingly distrustful of government. Remember that last year we had a resident contend at a council meeting that we "we're on the take" with a Study Session Meeting of December 14, 2015 (Item No. 5) Page 4 Title: Review Draft Agenda for 2016 City Council Workshop developer. The basis for this rationale is unfounded and is fueled by national political concerns but simply ignoring it will not make it go away. We have to establish a strategy for mayor/council/staff that will address this. Council Operations:  How do we leverage our commissions more in order to free up more time on the council for visioning and develop better deliberations?  Does new leadership have any policy initiatives that they are passionate about pursuing? Meeting: City Council Meeting Date: December 14, 2015 Written Report: 7 EXECUTIVE SUMMARY TITLE: Meadowbrook Golf Course and Minnehaha Creek Improvement Project RECOMMENDED ACTION: None at this time. Please inform staff on any questions or concerns you may have. POLICY CONSIDERATION: Minneapolis Park and Recreation Board (MPRB) and Minnehaha Creek Watershed District (MCWD) intend to request a variance to allow compensating flood storage within the existing floodplain on the Meadowbrook Golf Course property, rather than outside the existing floodplain. City staff advised them that a variance request may be warranted. Please inform staff if you have any questions or concerns about this project. SUMMARY: MCWD and MPRB are cooperating on proposed improvements to Meadowbrook Golf Course and Minnehaha Creek. MPRB selected a preferred master plan to maintain an 18- hole golf course. MCWD proposes to undertake complementary work in order to advance its goals to reduce pollutant load and restore the stream channel of Minnehaha Creek between West 34th Street to Meadowbrook Lake. Preliminary plans have been prepared and the Environmental Assessment Worksheet (EAW) was released for public comment on December 7, 2015. Written comments may be submitted regarding the EAW to MPRB until 4:30 p.m., January 6, 2015. City Council approved Resolution 15-144 on October 5, 2015 supporting MCWD’s proposal to undertake design, construction oversight and construction activities for 3,000 linear feet of new stream channel (mimicking design of upstream restoration work) and approximately 7-acres of wetland restoration at Meadowbrook Golf Course which is owned by the MPRB. The project will require permits from the City and other agencies. The project will require a conditional use permit, stormwater permits, and erosion control permits from St. Louis Park. As currently designed, the project will also require a variance from the City’s flood plain requirements, because the area where the proposed compensating flood storage is not located in an area which is outside the 100-year flood zone. Staff will review the EAW and future applications in more detail, however, this appears to be an outstanding proposal that restores and improves the golf course (established in 1926), provides ecological benefits to Minnehaha Creek, and provides substantially more flood storage on the golf course property compared to existing conditions. FINANCIAL OR BUDGET CONSIDERATION: There are no direct costs to the City. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Memorandum from MCWD with Project Background Technical Memo and Figures on Floodplain Alterations Environmental Assessment Worksheet (link only) Prepared by: Sean Walther, Planning & Zoning Supervisor Reviewed by: Phil Elkin, Sr. Engineering Project Mgr., Michele Schnitker, Housing Supv. Approved by: Tom Harmening, City Manager MEMORANDUM To: Sean Walther, City of St. Louis Park Planning & Zoning Supervisor From: Michael Hayman, Planner & Project Manager Date: December 4, 2015 Re: Meadowbrook Golf Course Restoration Project Purpose: This memorandum is being provided as a brief project narrative for the Meadowbrook Golf Course Restoration project in advance of anticipated permitting processes. The Minnehaha Creek Watershed District (MCWD) is leading permitting processes on behalf of the Minneapolis Park and Recreation Board (MPRB) as part of our ongoing partnership for restoration at Meadowbrook. The following documents are attached for supplemental information: 1) technical memorandum describing floodplain impacts within the proposed course restoration; 2) associated floodplain figures demonstrating the 100- year floodplain onsite and proposed areas of excavation, including floodplain mitigation for site disturbance as well as mitigation for adjacent property owners, thus removing said properties from the 100-year floodplain; 3) the recently published Environmental Assessment Worksheet (EAW) and associated figures. Background: The Minnehaha Creek Watershed District has identified the area between West 34th Street and Meadowbrook Lake as a priority geography for partnership, focused planning and capital project implementation. This area, known as the Urban Corridor, produces the highest pollutant loading per unit area of any other urban land area along the 22 mile stream system. Since 2009, the District’s work to manage regional stormwater and to expand and connect the riparian greenway in a manner mutually beneficial to the built environment has yielded significant results, often through innovative public and private partnerships. The District’s success in this corridor has also produced an evolution in philosophy memorialized in the Balanced Urban Ecology policy, which emphasizes the interdependent relationship of the built and natural environments and promotes the significance of focused innovative partnerships as a strategy for successful watershed improvements. Beginning in 2013, based on previous successes upstream, the Minnehaha Creek Watershed District and Minneapolis Park and Recreation Board initiated a preliminary exploration of Minnehaha Creek restoration and re-meandering through the Meadowbrook Golf Course area while maintaining golf as a primary use for the site. Around this same time period (2013), in an effort to combat local and national trends, the MPRB sought consulting services to evaluate the current financial and operational practices at its golf facilities as they compare to industry best management practices in golf course operations. In February 2014 the MPRB Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 2 received a comprehensive golf analysis which identified operational strategies designed to improve golf operations and services, and improve the financial performance of the MPRB golf operations. The MPRB also released their 10-year Golf Master Plan, including a capital investment plan, based on the analysis that had been conducted. Through this long term strategic review of the parks system’s golf courses, MPRB has committed to the continuation of golf as a primary use at Meadowbrook. During the first half of 2014 the District experienced record setting precipitation, which led to unprecedented flooding across the entire watershed. During the high water event, record flows were recorded in many reaches of Minnehaha Creek, including the crossing at Hiawatha Avenue, which exceeded the 100-year event by over 30% to become a new high flow record for the gauge. Flows throughout the stream system remained high for the duration of the summer due to the continual release of water from Lake Minnetonka and drainage of wetlands along the creek. MPRB properties, including Meadowbrook Golf Course and Hiawatha Golf Course, experienced significant damage due to the record flood flows and prolonged inundation. At Meadowbrook Golf Course alone, the impact from flooding to the course included 64 acres of dead turf, extensive damage to four greens, 75 drowned trees, submerged irrigation electrical satellites and washout of cart paths. Total estimated damage submitted to FEMA for Meadowbrook Golf Course is $2.02-million. Catalyzed by 2014 flood damage sustained to the site, past analyses of golf operations, and the ongoing partnership between MPRB and MCWD, the organizations teamed together to conduct conceptual master planning for Meadowbrook Golf Course. This effort explored a range of golf and non-golf uses, their respective flood resilience, and the opportunity to complete major natural resource restoration throughout the site while protecting the long term goals of golf operations. With these goals as a foundation, MPRB and MCWD executed a cooperative agreement, which beyond protecting the interest of golf on the site and the future operations of the facility, identified the following natural resource goals:  Improve ecological integrity of the stream corridor through this reach;  Improve ecological integrity of upland within the golf course;  Improve wetland function and value on site, and water quality leaving the site;  Maintain or increase flood storage capacity, reducing flood severity for surrounding communities;  Connect Minnehaha Creek Greenway trails through MPRB land to City of Edina parks and trails system in a manner that respects adjoining landowners’ interests. After completing an iterative conceptual design process and following a thorough public comment period the MPRB developed a preferred conceptual master plan to maintain 18-hole golf use on the property while meeting many of the water resource objectives outlined above. The approved concept includes restoring the currently ditched segment of Minnehaha Creek; increasing flood resiliency within the course; provide flood mitigation for properties adjacent to the course that are currently adversely affected under 100-year conditions; restore and enhance wetland function within the golf course; and explore future community connections through expansion of the Minnehaha Greenway with a new trail corridor running south into the City of Edina. Next Steps: MPRB and MCWD have teamed up to design a restored golf course that will protect valuable infrastructure, provide flood resiliency, and restore natural resources throughout the site. The permitting process – being led by MCWD on behalf of MPRB – includes CUP consideration from the City of St. Louis Park and a floodplain alteration permit, which may require a variance. It is anticipated that these applications will be delivered to the City for consideration in early January 2016. Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 3 Technical Memo 1 Q:\Departments\Capital Projects\15-MC Meadowbrook G.C\Permits\StLPk\TM-Floodplain Submittal - St Louis Park.docx To: Michael Hayman, Project Manager/Planner Minnehaha Creek Watershed District (MCWD) From: Chris Meehan, PE, CFM, Wenck Associates, Inc. Date: December 4, 2015 Subject: Meadowbrook Golf Course Floodplain Management _________________________________________________________________________ As Meadowbrook Golf Course looks to redevelop following the floods of 2014 implementing a more effective management of the floodplain on the property is a key goal. The redevelopment will limit floodplain damage to the course along with adjacent properties. The project will look to not only preserve the current floodplain storage volume but add an additional 9 ac-ft of floodplain storage to help limit potential flooding on adjacent properties. Floodplain from Minnehaha Creek covers the majority of the golf course (Figure 1 and 2). As a result of the lessons learned from the 2014 flood the course will leverage critical areas identified to create a more flood resilient course. The flood resiliency will occur through raising the tee boxes, bunkers and greens, while lowering the fairways and creating additional depression areas for floodplain storage. This approach will limit the value of flood damages, downtime of operation and maintenance costs for the course. The redesign will also provide additional floodplain storage to limit the risk adjacent residential areas have to being flooded. Figure 3 highlights areas which are being raised (red) and areas being lowered (blue). This integrated approach to floodplain and golf course management will create a more resilient amenity to the community along with an improvement to adjacent property owners by keeping floodwaters on the golf course in managed areas. The redevelopment is in alignment with The National Association of Floodplain Managers (ASFPM) “No Adverse Impact” land use guidance, which emphasizes leveraging open public green recreational areas for floodplain management, like a Meadowbrook Golf Course. Golf Courses are not as susceptible to the structural damages residential and commercial areas have, limit the potential risk to humans and can be restored at significantly lower costs. However, implementing this solution will result in floodplain mitigation volumes being created in the current Minnehaha Creek floodplain footprint. This approach would not be in compliance with the City of St. Louis Park’s floodplain ordinance, which requires floodplain mitigation areas to occur outside of the current floodplain boundaries. The implementation of this requirement would require a significant area of the course and surrounding areas to be lowered to be within the floodplain resulting in the golf course overall being more susceptible to flooding. It would be recommended that given the overall improvement of the floodplain management from the redevelopment, the Minneapolis Park and Recreation Board, in partnership with the Minnehaha Creek Watershed District, investigate a variance or exception process for permitting the project. Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 4 Meadowbrook Golf Course Flood Inundation Figure 1Meadowbrook RdBrookside AveW 44th StBrunswick Ave SW 42nd St MerilaneHomedale RdDivision St Goodrich St Boyce St Brook AveMackey AveInterlachen RdMaple Hill RdAnnaway D r Utica Ave SVandervork AveToledo Ave SBrookside AveHawthorne RdHollywood RdAlabama Ave SVernon Ave SB y w o o d W e s t Circle West45673 456720 ""100 MINNEHAHA CREEK WATERSHED DISTRICT 600 0 600300 Feet ± Path: L:\0185\0185-5091\Meadowbrook GC\MXD\Meadowbrook Golf Course Flooding.mxd Date: 12/4/2015 Time: 12:15:45 PM User: kachd0606 DEC 2015 2013 Aerial Photograph (Source: MN GEO) Legend Potential Flood Mitigation Area DNR Estimated Floodplain ATLAS 14 10 Year Flood ATLAS 14 100 Year Flood Parcels Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 5 Meadowbrook Golf Course 1% Chance Annual Flood - Depth Figure 2Meadowbrook RdW 44th StBrunswick Ave SBrookside AveW 42nd St Homedale RdDivision St Browndale AveBrook AveToledo Ave SMackey AveMaple Hill RdAnnaway D r Vandervork AveBrookside AveHawthorne RdHollywood RdAlabama Ave SUtica Ave SVernon Ave SMerilaneB y w o o d W e s t W Sunnyslope RdCircle West45673 456720 ""100 MINNEHAHA CREEK WATERSHED DISTRICT 600 0 600300 Feet ± Path: L:\0185\0185-5091\Meadowbrook GC\MXD\100 Yr Flood Depth.mxd Date: 12/4/2015 Time: 12:18:18 PM User: kachd0606 DEC 2015 2013 Aerial Photograph (Source: MN GEO) Legend Depth Grid 14 Feet 0 Feet Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 6 Areas of Fill and Excavation - 11/20/2015 Concept Figure 3 MINNEHAHA CREEK WATERSHED DISTRICT 350 0 350175 Feet ± Path: L:\0144\0144-0012\Areas of Fill Excavation 11202015.mxd Date: 12/4/2015 Time: 12:18:00 PM User: kachd0606 DEC 2015 2013 Aerial Photograph (Source: MN GEO) Legend Areas of Fill and Excavation Excavation (Low: 19FT) Grade Increae (High:14FT) No Increase Study Session Meeting of December 14, 2015 (Item No. 7) Title: Meadowbrook Golf Course and Minnehaha Creek Improvement Project Page 7 Meeting: Study Session Meeting Date: December 14, 2015 Written Report: 8 EXECUTIVE SUMMARY TITLE: Resolution of Support for Submission of a DEED Minnesota Investment Fund Application on Behalf of MoneyGram RECOMMENDED ACTION: No action at this time. The purpose of this report is to update the EDA regarding the need for a Public Hearing and Resolution of Support for submission of a Minnesota Investment Fund (MIF) application to the Department of Employment and Economic Development (DEED) on behalf of MoneyGram, a St. Louis Park company POLICY CONSIDERATION: Does the EDA support the submittal of an application to the Department of Employment and Economic Development’s (DEED) Minnesota Investment Fund on behalf of St. Louis Park based - MoneyGram, to facilitate its expansion in the city? SUMMARY: During 2015, MoneyGram has invested $7.7 million on an expansion of its local operations that included equipment upgrades and improvements to its offices at The West End. The company increased its office operations in another state and had the opportunity to move its St. Louis Park office there. However, it was MoneyGram’s preference to make the upgrades at the St. Louis Park office. The expansion will result in the creation of 86 new jobs in St. Louis Park over the next two years. The company’s expansion is eligible for the Minnesota Investment Fund (MIF) program administered by DEED. MIF was created to provide financing to help add new workers and retain high-quality jobs on a statewide basis. To receive MIF funds, businesses must coordinate with the local government to complete an application. If approved, DEED awards the business a forgivable loan that requires the business to maintain their proposed job levels for three years. The EDA would work with MoneyGram to monitor the number of jobs created and would be responsible for submitting annual reports to DEED for at least two years. A Public Hearing and Resolution of Support for the MIF application is scheduled for EDA consideration on December 21st. FINANCIAL OR BUDGET CONSIDERATION: None, there is no local matching fund requirement for the Minnesota Investment Funds application. The company is applying for a MIF forgivable loan award of $500,000. If awarded, loan funds would be directed to the EDA which would then disburse the funds to MoneyGram. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Greg Hunt, Economic Development Coordinator Michele Schnitker, Housing Supervisor/Deputy CD Director Approved by: Tom Harmening, Executive Director Meeting: Study Session Meeting Date: December 14, 2015 Written Report: 9 EXECUTIVE SUMMARY TITLE: Resolution of Support for Submission of a DEED Job Creation Fund Application on Behalf of Novu RECOMMENDED ACTION: No action at this time. The purpose of this report is to update the EDA regarding an upcoming Resolution of Support for submission of a Job Creation Fund application to the Department of Employment and Economic Development (DEED) on behalf of St. Louis Park-based Novu. POLICY CONSIDERATION: Does the EDA support the submittal of an application to the Department of Employment and Economic Development’s (DEED) Job Creation Fund by Novu, a St. Louis Park company, to facilitate its expansion in the city? SUMMARY: St. Louis Park-based Novu- was formed in 2011. The fast growing consumer engagement company works with health insurers to encourage patients to use online-and-offline measures to pursue healthy lifestyles. Novu has grown significantly over the last year, increasing by more than 64% between January and November 2015. As such, the company is outgrowing their current office space and is proposing to expand their operations at the Parkdales office park in St. Louis Park. The expansion is proposed to add 90 new jobs over the next three years. The wages of approximately a third of new positions are projected to be between $28-$50 hourly including benefits and two thirds are projected between $53-$100 hourly. The average wage for the company is $53.80. The company’s proposed expansion is eligible for the Minnesota Job Creation Fund (JCF) program administered by DEED. If awarded, funds will be used to help pay for the office build out. The JCF was created to encourage job growth and capital investments by companies choosing to expand their operations in Minnesota. Companies deemed eligible to participate may receive a financial award for creating or retaining high-paying jobs and for constructing or renovating facilities. The JCF application requires the local government to provide a resolution in support of the business expansion. A Resolution of Support for Novu’s application is scheduled for EDA consideration on December 21st. FINANCIAL OR BUDGET CONSIDERATION: None, there is no local matching fund requirement for the Jobs Creation Fund application. The company is applying for a Job Creation award of $715,000. If awarded, the funds will be sent directly to Novu upon verification of the jobs created. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Greg Hunt, Economic Development Coordinator Michele Schnitker, Housing Supervisor/Deputy CD Director Approved by: Tom Harmening, City Manager/Executive Director Meeting: Study Session Meeting Date: December 14, 2015 Written Report: EXECUTIVE SUMMARY TITLE: Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project (City Project 2012-0100) RECOMMENDED ACTION: Staff desires to provide the City Council an update related to the acquisition of two parcels near the Highway 7 / Louisiana Avenue Interchange. POLICY CONSIDERATION: This action is consistent with previous direction given by Council as part of the Highway 7 / Louisiana Avenue Interchange Project. SUMMARY: On July 16, 2012 City Council approved a resolution Authorizing Condemnation of Land for Public Purposes for the Highway 7 / Louisiana Avenue Interchange Project. Prior to that action, specific right of way needs were determined and appraisals for seven identified properties were conducted. As a result, the City Attorney commenced eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary land over the seven properties identified. Since that time, negotiations have continued on Parcel 1 and Parcel 9, both owned by Clear Channel Outdoors. On May 27, 2014, City Council authorized the city attorney and staff to negotiate with Clear Channel to purchase the remaining portions of both properties for economic development and storm water purposes. This report is an update on the status of the land acquisition from Clear Channel. FINANCIAL OR BUDGET CONSIDERATION: Pursuant to the “quick take” provisions of Minnesota Statutes, the City has paid Clear Channel $585,400 towards the right of way taking and temporary easements impacted by the construction of the new interchange. An additional $738,600 is needed to acquire both parcels. The additional funding would be provided by three sources. The Highway 7 and Louisiana Avenue Project would pay an additional $129,069.75, the Development Fund would contribute $466,131.85 and the storm water utility fund would contribute $143,398.40. More information regarding the proposed land acquisition can be found in the “Discussion” section of the report. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Parcel Maps Prepared by: Joseph Shamla, Senior Engineering Project Manager Greg Hunt, Economic Development Coordinator Reviewed by: Debra M. Heiser, Engineering Director Kevin Locke, Community Development Director Brian Swanson, Controller Approved by: Tom Harmening, City Manager Study Session Meeting of December 14, 2015 (Item No. ) Page 2 Title: Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project DISCUSSION BACKGROUND: To construct the Highway 7 / Louisiana Avenue interchange project, two parcels of land needed to be acquired from Clear Channel. Parcel 9 (“NE Parcel”) is located in the NE corner of the interchange between Walker Street to the north and Highway 7 to the south (map attached). Parcel 1 (“SW Parcel”) is located in the SW corner of the interchange between Highway 7 to the north and Lake Street West to the south (map attached). Only a portion of these vacant parcels were needed for Right of Way (ROW) purposes. Since May 27, 2014, the City and EDA have been working on a purchase agreement to acquire the remaining portions of both properties from Clear Channel for economic development and storm water purposes. NE Parcel The NE Parcel is 53,303 sq. ft., and rectangular in shape. It lies between City-controlled property to the east and the west. The property to the east (7015 Walker Street) is owned by the EDA. It was acquired from the former Reynolds Welding Supply Company primarily for blight clearance purposes. The City is planning to construct a modest storm water pond on the property to facilitate redevelopment in the aging Walker-Lake industrial area immediately to the north. The NE Parcel would be combined with the adjacent EDA parcel so as to create a larger storm water pond in the area with greater capacity thus facilitating additional redevelopment to the north. Acquiring this property would enable the City to pursue greater storm water management in an area where very little exists. To date, the City has deposited $337,400 to acquire the Partial Take of the NE Parcel. A purchase agreement is being finalized to acquire the NE parcel for $562,346.65 which equates to $10.55 per sf. Please see summary below for funding.   City Funding Allocation    Hwy 7 & LA Stormwater      Project Utility Total  NE Parcel Purchase:             Purchase Price $562,346.65 $418,948.25 $143,398.40  $562,346.65  Less right‐ of‐ way   Partial Take Payment ($337,400.00) ($337,400.00)  ($337,400.00) Remaining Amount Due $224,946.65 $81,548.25 $143,398.40  $224,946.65  The purchase agreement will be brought to council on December 21st for approval for the NE Parcel. Clear Channel is hoping to close on the sale of this property prior to January 1st 2016. SW Parcel The SW Parcel is 67,329 sq. ft. and roughly triangular in shape. It lies immediately west of 7250 State Hwy 7; the site of the former Methodist Hospital Park & Ride (“Gold Lot”), owned by the EDA. Both the SW Parcel and the EDA parcel are oddly shaped and have little potential to redevelop efficiently on their own. When combined however, these parcels create an oblong- shaped property consisting of nearly 3.5 acres which could readily sustain commercial redevelopment. Given its proximity and visibility from the new highway interchange, such a commercial site would receive strong market interest. In addition, this site is within walking distance of the proposed Louisiana SWLRT station. Study Session Meeting of December 14, 2015 (Item No. ) Page 3 Title: Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project The City has deposited $248,000 to acquire the Partial Take of the SW Parcel. A purchase agreement is in place to acquire the SW parcel for $761,653.35 which equates to $10.85 per sf. Please see summary below for funding breakdown. It is anticipated that the EDA would recoup its investment when redevelopment occurs on this site.   City Funding Allocation    Hwy 7 & LA Development      Project Fund Total  SW Parcel Purchase:             Purchase Price $761,653.35 $295,521.50 $466,131.85  $761,653.35  Less right‐ of‐ way   Partial Take Payment ($248,000.00) ($248,000.00)  ($248,000.00) Remaining Amount Due $513,653.35 $47,521.50 $466,131.85  $513,653.35  Staff is working with Clear Channel to finalize the agreement for the SW Parcel. As discussed previously with the City Council, the SW Parcel will have a two sided billboard installed after the agreement is in place. The reason for delaying the SW Parcel at this time is so that the location of the billboard can be determined. The City has many existing utilities on the west side of the parcel which limit where the new billboard can be placed. Staff expects that the purchase agreement for the SW Parcel will be brought to council in January of 2016. 1 975+00 980+00 10+00 14+00975+00 980+00 15+00 11+00 15+00 RIGHT OF WAY PARCEL LAYOUT SCALE: 1" = ’ OWNER : PID NO. COUNTY : HENNEPIN CITY : ST. LOUIS PARK S.P. 163-080-083, 2706-226 3:57:00 PM5/7/20121 ParcelS:\PT\S\Stlou\116227\5-dsgn\51-cadd\R-O-W\parcel sketches\Parcel Sketches.dgn 5/7/2012DATE:LAYOUT BY: SEH Inc.Parcel No. OWNER: NO. PARCEL ADDITION NAME: SQ FT MNDOT R/W NEW SQ FT CITY R/W NEW SQ FT EASEMENT TEMPORARY MNDOT SQ FT EASEMENT TEMPORARY CITY LEGEND PROPOSED TEMPORARY EASEMENT PROPOSED RIGHT OF WAY EXISTING CITY RIGHT OF WAY/PARCEL LINES EXISTING MNDOT RIGHT OF WAY PROPOSED LIMITS OF CONSTRUCTION PROPOSED CONSRUCTION 100 NAEGELE OUTDOOR ADV. INC.171-172-134-0073 1 NAEGELE OUTDOOR ADV. INC. REARRANGEMENT OF ST. LOUIS PARK OF SAID LOT 6 TH SE’LY TO BEG TH W’LY ALONG SAID S’LY LINE TO E’LY LINE OF LOT 6 BLK 323 TH S’LY ALONG SAID E’LY LINE TO SE COR LINE OF LOT 1 BLK 159 TH NE’LY ALONG SAID SE’LY LINE AND ITS EXTENSIONS TO S’LY LINE OF HWY NO 7 TO CTR LINE OF VAC STREET TH SE’LY ALONG SAID CTR LINE TO ITS INTERSEC WITH S’LY EXTENSION OF SE’LY 158 DIS 110 FT NELY FROM MOST SLY COR THOF TH NELY ALONG SAID SE’LY LINE AND ITS NE’LY EXTENSION THAT PART OF BLKS 158 159 323 AND OF ADJ VAC STREETS DESC AS BEG AT A PT ON SELY LINE OF LOT 1 BLK 1 16,694 16,9345.74’46.62’50’50’WB TH 7 EB TH 7W. 37th ST.KI LMER LANEStudy Session Meeting of December 14, 2015 (Item No. 10) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project Page 4 9 985+00 990+00 20+00 985+00 990+0025+0020+0025+0015+00 19+00 15+00 RIGHT OF WAY PARCEL LAYOUT SCALE: 1" = ’ OWNER : PID NO. COUNTY : HENNEPIN CITY : ST. LOUIS PARK S.P. 163-080-083, 2706-226 3:57:13 PM5/7/20129 ParcelS:\PT\S\Stlou\116227\5-dsgn\51-cadd\R-O-W\parcel sketches\Parcel Sketches.dgn 5/7/2012DATE:LAYOUT BY: SEH Inc.Parcel No. OWNER: NO. PARCEL ADDITION NAME: SQ FT MNDOT R/W NEW SQ FT CITY R/W NEW SQ FT EASEMENT TEMPORARY MNDOT SQ FT EASEMENT TEMPORARY CITY LEGEND PROPOSED TEMPORARY EASEMENT PROPOSED RIGHT OF WAY EXISTING CITY RIGHT OF WAY/PARCEL LINES EXISTING MNDOT RIGHT OF WAY PROPOSED LIMITS OF CONSTRUCTION PROPOSED CONSRUCTION 100 CLEAR CHANNEL OUTDOOR INC.171-172-143-0064 9 9 CLEAR CHANNEL OUTDOOR INC. 18,218 21,474 REARRANGEMENT OF ST. LOUIS PARK MONITOR ST TO SLY LINE OF WALKER ST TH ELY ALONG SAID SLY LINE OF WALKER ST TO BEG R/W LINE TO ITS INTERSEC WITH CTRLINE OF MONITOR ST NOW VAC TH NWLY ALONG SAID CTRLINE OF R/A WITH SAID SLY LINE OF WALKER ST TO NLY R/W LINE OF STATE HWY 7 TH WLY ALONG SAID NLY BEG AT THE INTERSEC OF CTRLINE OF REPUBLIC AVE NOW VAC WITH SLY LINE OF WALKER ST TH SLY AT BLOCK 186 58’58’49.23’ 14 8 .25’92.19’WALKER ST. WB TH 7 EB TH 7 N.E. RAMP L OUI SI ANA AVE. Study Session Meeting of December 14, 2015 (Item No. 10) Title: Approve Right of Way Purchase - Highway 7 / Louisiana Avenue Interchange Project Page 5 Meeting: Study Session Meeting Date: December 14, 2015 Written Report: 11 EXECUTIVE SUMMARY TITLE: Partnership with Center for Energy and Environment RECOMMENDED ACTION: None required - Council information only. POLICY CONSIDERATION: None at this time. Please let staff know of any questions or concerns you may have. SUMMARY: The State adopted a significantly more extensive and complex commercial building Energy Code effective June 2015. To help ensure the design and construction of new commercial buildings (office, retail, multi-family) meet these standards, the City is beginning a new partnership with the Center for Energy and Environment (CEE). Building Officials with Minnetonka, Blaine, and St. Louis Park will be participating in a test pilot program collectively developed during the next 1-2 years. This program is grant funded by the Minnesota Department of Commerce, Division of Energy, which runs through 2017. Program goals are to recognize and measure the energy impacts of buildings meeting the new energy codes. The program will support compliance in the following two ways: 1) CEE assistance will be offered to building design teams for small buildings via simplified guidance tools and preliminary plan reviews, helping ensure the most commonly missed and important energy code items are incorporated before the city begins plan review; and 2) CEE will assist code officials with project reviews when sophisticated building energy simulation is used to verify performance based energy code compliance. Beginning early 2016, St. Louis Park and CEE plan to collectively work on three to five large scale buildings (apartments, hotels, schools) from the early stages in project conception. In addition, the plan is to work on 10-15 smaller projects with less than 50,000 square feet (restaurants, retail and offices). The architects, engineers, and contractors will be provided an opportunity (voluntary program) to work directly with CEE for energy design and compliance assistance. This agreement aligns with the City of St. Louis Park goals of improving the energy performance of buildings. This program will provide a valuable training and learning resource for designers, contractors and code officials throughout the process. FINANCIAL OR BUDGET CONSIDERATION: CEE is offering this free of cost and no expenditure of city funds is needed to participate. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: CEE Handouts (2) Prepared by: David Skallet, Chief Building Official Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager 43% 37% 30% 28% 27% 26% 23% 19% 16% 11% 0% 10% 20% 30% 40% 50% Seconday School Stand-Alone Retail Warehouse Strip Mall Tenant Medium office Outpatient Care Facility Small office Full Service Restaurant Small Hotel Apartment Starting June 2, 2015, new commercial energy code requirements went into effect in Minnesota. The new code includes many new requirements with significant energy impacts. To support design, construction, and code professionals make a smooth transition, the Commercial Energy Codes Support Program is piloting a technical support program to support project teams throughout design and construction to raise awareness and incentivize those that meet the highest impact requirements. Program Goals & Focus The intent of the pilot program is to recognize and measure the energy impacts of targeted technical support. If cost-effective energy savings are realized, there may be an opportunity to implement programs in many areas of the state through local utilities. The project appeals to designers and construction professionals, providing them with direct technical support. For small to mid-sized building projects, code experts from the Center for Energy and Environment (CEE) will work with design teams from pre-design through construction. The support will focus on Commercial Energy Code requirements that have been flagged as challenging or new to Minnesota. Benefits for Design & Construction Professionals Participation in the program aims to provide multiple benefits for designers beyond enhancing the impact of the energy code requirements:  Provide awareness and guidance around new (2015) MN Energy Code requirements  Provide guidance as to the benefits of a prescriptive-based versus a performance-based compliance path  Provide pre-plan review opportunities to reduce future revision time & back-end costs  Provide a reliable and ongoing source of technical support during design and in the field as drawings are translated into buildings  Provide an integrated path for projects that want to design to an simple, prescriptive standard above code that and cost-effective [ASHRAE Advanced Design Standards support] Commercial Energy Codes Support Pilot Program Eligibility Table Eligible Projects Small/Simple Building Projects (generally, 50,000 SF or less) Targeted Building Use Types Offices, Retail Spaces, Restaurants, Multifamily buildings, small hotels Target Participants (Audience) Project Teams: Architects, Engineers, & Contractors Energy Usage Reduction Impacts of the 2015 Commercial Energy Code By Building Use Type The new code has significant energy impacts that vary by building types. The following chart show how some building use types will be impacted. *This data is based on an analysis completed by Pacific Northwest National Lab comparing ASHRAE 90.1 2004 & 2010. The Commercial Energy Codes Support Program PROGRAM OVERVIEW For Design Teams & Contractors PILOT 2015-2017 Study Session Meeting of December 14, 2015 (Item No. 11) Title: Partnership with Center for Energy and Environment Page 2 Project Process Program participation will provide design and construction teams access to tools and ongoing technical support. This includes communication with the project team in early design stages through construction to help highlight energy code considerations. A dedicated project energy analyst will provide pre-plan review checks and feedback prior to city submission, and again before construction (if appropriate given the scope of the project). As part of the pilot program, field verifications will be completed to evaluate the effectiveness of the support services provided. (All verification data will be anonymous and used only to verify rebates and analyze the cost and benefit of the pilot program.) Incentive Opportunities Incentive Recipients Project Client Design Team** Level A | Meet Minimum Project Requirements* (see page 3) $225 $250 Level B | Meet Minimum Project Requirements and Meet the ASHRAE Advanced Energy Design Guidelines* $750 $350 *All program requirements must be field verified by the Center for Energy and Environment before incentives are disbursed. **Completion of the post-project survey is a requirement for Design Team rebate(s). Targeted Project Types & Participation Eligibility Starting June 2, 2015, a new commercial energy code went into effect in Minnesota. The new code includes new building energy requirements and offers a new compliance path not previously available in Minnesota. Four general guidelines for determining participation eligibility: 1. Available to new construction, renovations, and additions 2. To participate, a project must include significant changes to the: building envelope, mechanical systems, or lighting 3. Generally, projects 50,000 square feet and smaller will be eligible for participation, however, project participation is based on energy load and project scope and will be determined on a per-project basis. 4. Building projects that are utilizing a performance-based compliance path for meeting the energy code will not be eligible for participation, but may seek guidance in making this decision. How to Participate If you have a project that will be design and constructed between September 2015 and October 2017, we encourage you to participate! Enrollment must take place during design development or before. To learn more or enroll, send an email to Megan Hoye mhoye@mncee.org at the Center for Energy and Environment with the following information: Email Subject line: PARTICIPANT INQUIRY-Commercial Energy Codes Support Program Email Content:  Project name & client  New construction, addition, or existing building renovation  Project lead/Primary Contact  Building occupancy type  Site Location (city)  Current project phase (e.g. pre-design, schematic design)  Total square feet affected  Anticipated construction start & end (month for both) Recruit & Assign Check In & Review Contractor Guidance Field Verify Incentive City Plan Reviews & Building Inspections Study Session Meeting of December 14, 2015 (Item No. 11) Title: Partnership with Center for Energy and Environment Page 3 The Commercial Energy Codes Support Program Project Overview for City Partners Program The State of Minnesota requires all electric utilities to pursue energy conservation efforts that result in 1.5% to 2.0% reduction of electricity sales, and natural gas utilities to reduce their sales by 0.5%. In an effort to find an innovative point of entry for saving energy while supporting the building industry and providing code officials with additional resources and tools, the Center for Energy and Environment (CEE) is piloting the Commercial Energy Codes Support Program. CEE is partnering with three key cities to implement this pilot and determine if energy savings can be achieved, how the market uses the program, and how cost-effective the program services are. Program Goal & Focus The intent of the pilot program is to recognize and measure the energy impacts of targeted technical support. If cost-effective energy savings are realized, there may be an opportunity to implement programs in many areas of the state through local utilities. The project will focus on two approaches that will be implemented separately, but simultaneously (Pilot Approach 1 and 2). Specific Commercial Energy Code requirements have been selected as project measures (requirements) based upon a code requirements level of energy impact or difficulty. Focus for Partner Cities Pilot Approach 2: This approach will provide city staff, such as plan reviewers and building inspectors, with energy engineering expertise and technical support for large or complex building projects. This support will be provided predominately at the time of City plan review and during inspection, at which time will have an two collaborative inspections (targeting 1 Rough-In Mechanical Inspection & 1 Final Electrical Inspection). Partner Cities can help support Pilot Approach 1 by letting design and construction professionals know about the pilot and providing them with the PROJECT HANDOUT. Benefits for Cities In addition to the opportunity to develop a new program approach for saving energy in buildings, the pilot program intends to provide many shared additional benefits. Ongoing tracking and post-pilot surveys will help identify and measure these benefits for City staff and commercial energy code compliance, including:  Will offer on-site learning opportunities, by having energy engineer experts assist during mechanical and electrical inspections (for the pilot only)  Reduced time burden for building officials at Plan Review  Reduced burden to pay for and be trained on a growing number of energy modeling softwares  New channels for increasing Commercial Energy Code awareness, particularly at the beginning of a new code cycle Commercial Energy Codes Support Pilot Program Pilot Approach 2 Partner Cities: Blaine, Minnetonka, St. Louis Park Project Period: September 1, 2015 – September 30, 2017 Project Focus: Large/Complex building projects Targeted Building Use Types: Any building use types Target Audience: Cities: Building Officials & Planning Departments PILOT 2015-2017 Study Session Meeting of December 14, 2015 (Item No. 11) Title: Partnership with Center for Energy and Environment Page 4 Partner Cities The Center for Energy and Environment is partnering with three cities (Blaine, Minnetonka, & St. Louis Park) These cities will have free access to CEE technical support and expert opinions for large/complex building projects and will work with CEE to identify potential project candidates as early as possible. The program will start September 2015 and end at the end of September 2016. A City-Friendly Process Communications Plan | CEE & Individual Partner Cities To stay coordinated, CEE will host a 30-45 minute call with each partner City (individually) on a regular, monthly schedule. The following discussion points will be the fundamental information that will be covered during the call and highlight the information that each City should be tracking – formally or informally. Each City will determine what staff will be the point of contact for these calls and general coordination with CEE. 1. Approach 2 (large/complex building projects): What Plan Reviews do you anticipate looking forward over the next 2+ months? 2. Approach 1 (small building projects): Any new building projects leads to be aware of? 3. Other points of interest: Integration of CEE reviews into Plan Review documentation back to project teams, use of tools, others to be determined. Plan Review Documentation Partner Cities are asked to provide CEE (Megan Hoye mhoye@mncee.org or Russ Landry rlandry@mncee.org) with 1-3 day notice of Approach 2 projects that will be submitting Plan Review documentation. Necessary Documentation  Complete set of architectural, mechanical, and electrical construction documents  Any energy model assumptions or inputs - in hard copy or electronic format (preferable) What you will receive back from CEE  A checklist-format overview of the all of the measures checked by CEE, whether or not the building project was compliant with these measures, if they were not, and why (including notes on any lack of documentation that should be requested and reviewed)  A CEE Energy Engineer will communicate review information to the City or Project point of contact within 3-6 days of receiving the submittals Cities & CEE Select Projects - Approach 2 Track Project Status Monthly Communication Calls (City + CEE) Ongoing City Marketing - Support Approach 1 City Plan Reviews & Building Inspections Other Ongoing City activities Coordinated CEE energy engineering support for Plan Reviews & Inspections Ongoing CEE background activities Study Session Meeting of December 14, 2015 (Item No. 11) Title: Partnership with Center for Energy and Environment Page 5 Meeting: Study Session Meeting Date: December 14, 2015 Written Report: 12 EXECUTIVE SUMMARY TITLE: City Website Redesign Update RECOMMENDED ACTION: No action at this time. The purpose of this report is to inform the City Council of the updated timeline for redesign of the city website. POLICY CONSIDERATION: None SUMMARY: Information Resources originally planned to roll out a redesigned city website at www.stlouispark.org in the first quarter of 2016. To help accomplish this goal, in early 2015 a website coordinator position was hired in the Information Resources department, with the intention of completing the website redesign in house. Work on the redesign began in earl y summer with a committee from the information technology and communications staffs. Progress included an inventory of existing web pages; reorganization of the existing menu with input from city staff via a sorting exercise; brainstorming on a wish list of features for the new website; and development of preliminary design concepts. As of September 2015, the project continued to be on track for a late first quarter 2016 rollout. The unexpected resignation of the website coordinator led to a re-evaluation of the approach to the website redesign and ongoing web maintenance. Instead of redesigning and supporting the website in house, plans are to hire an outside firm with expertise in the government website arena to complete the redesign and provide ongoing support. A Request for Information has been prepared and the website committee will be interviewing at least three outside website firms with expertise in the government arena. Rollout of the redesigned website is now planned for third quarter of 2016. FINANCIAL CONSIDERATION: The funds to pay the outside firm will come from the savings in not filling the website coordinator position. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Jacqueline Larson, Communications and Marketing Manager Jason Huber, Information Technology Manager Reviewed by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: December 14, 2015 Written Report: 13 EXECUTIVE SUMMARY TITLE: Fiber Lease Agreements RECOMMENDED ACTION: The purpose of this report is to provide Council with an update on one of the recommendations from a late 2012 fiber optic study – the opportunity to lease excess strands of dark (currently unused City-owned) fiber to the private sector to increase provider choice and support economic development in the City of St. Louis Park. If Council is comfortable with the leasing approach provided in this report, it will be presented for formal approval at Council’s December 21 meeting. POLICY CONSIDERATION: Does Council find acceptable the structure and elements of the dark fiber leasing agreements presented herein as a means to promote economic development and additional choice of fiber providers? SUMMARY: Council received a briefing on the fiber optic study at its October 22, 2012 study session. Among recommendations presented by Joanne Hovis from CTC Consulting was that the City consider fiber leasing arrangements with private providers to enable private investment / serve community anchor institutions. Staff has been pursuing this (and other) study recommendations. Staff has worked with the City Attorney and technical resources to craft template agreements that should allow the City to be prepared to respond to fiber leasing opportunities as they arise. NEXT STEPS: Unless Council has objections or major concerns, staff will place approval of this item on the December 21 consent agenda. Council approval would enable the City Manager to approve fiber lease agreements as opportunities arise in the future. Staff will then work with at least one private party that has expressed on-going interest in entering into fiber lease agreements with the City. FINANCIAL OR BUDGET CONSIDERATION: Implementation of fiber lease arrangements consistent with this structure is designed to (1) cover associated implementation and maintenance costs and (2) promote economic development in the City of St. Louis Park. VISION AND GOAL CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. St. Louis Park is a technology connected community SUPPORTING DOCUMENTS: Discussion Draft Indefeasible Right of Use (IRU) Draft Short Term License Agreement Prepared by: Clint Pires, Chief Information Officer Approved by: Tom Harmening, City Manager Study Session Meeting of December 14, 2015 (Item No. 13) Page 2 Title: Fiber Lease Agreements DISCUSSION BACKGROUND: As a refresher, the primary purpose of the 2012 fiber study was to identify what other community development purposes the publically-owned fiber infrastructure could serve beyond the institutional building needs of the City, Independent School District #283, and LOGIS (an intergovernmental cooperative of cities sharing IT resources). Among many recommendations from the 2012 study, CTC recommended the City explore leasing of fiber capacity to enable private investment and support economic development. The City, Schools, and LOGIS have installed almost 40 miles of fiber infrastructure since 1998. Most major and minor institutional needs for fiber (data, voice, video, security, radio) have been met. More recently, the focus has been on enhancing fiber network resiliency by building redundant fiber paths. Construction season provides the greatest risk to severing of fiber networks. Thus, this redundancy has become all the more critical as reliance on the fiber network increases. During the 2012 study, CTC and City staff reviewed current utilization of the fiber infrastructure’s capacity, anticipated what remaining capacity is likely to be needed in the foreseeable future for spare capacity and additional uses, and identified what capacity would be available for potential leasing. In this case, “capacity” really means strands of fiber. The number of strands throughout the fiber infrastructure varies widely depending on location and need. It is often the case that only two – four strands of fiber are needed to support all digital functions at any particular City or School building. However, when fiber cable is installed, it typically includes many more strands and for a small or no incremental cost. That leaves many unused fiber strands that can be used by other private entities if the fiber is in locations they or their clients need. In that case, additional fiber cable does not need to be installed, saving the private entity construction and maintenance costs, and reducing additional disruption of public right-of-way. The typical instrument for private entity use of this fiber is a lease. This is nothing new in theory. It is very similar to the approach taken to provide use of space on elevated water towers by wireless phone carriers. That has happened for decades, including in St. Louis Park, and generally found to be much more cost-effective than the carriers building redundant tower facilities. In practice thus far, building of fiber facilities has been a blend of private providers (e.g., CenturyLink, Comcast, smaller companies) and other entities such as cities. The larger private providers have generally chosen to build, own, and maintain all of their fiber infrastructure, while smaller companies have been the ones more likely to approach cities to lease fiber capacity in areas where they find that more cost-effective than building its own. That is what is happening in St. Louis Park. Over time, the City has been approached (unsolicited) by about 5 firms expressing such interest. Staff would work with entities especially focused on economic development. Specifically, this would include working with providers of broadband services that are engaged with organizations wishing to locate or expand in St. Louis Park, and where availability of broadband services is vital. To address typical lease arrangements between owners of fiber infrastructure and potential lessees, City staff and the City Attorney have drafted two agreement templates. One is called an Indefeasible Right of Use (IRU) that enables a long-term agreement between the City and lessees. It generally includes a large up-front payment followed by annual maintenance fees. The other is a short-term lease agreement (typically no more than 5 years) that includes monthly or annual payments to cover both lease and maintenance fees. Both agreement templates are crafted to Study Session Meeting of December 14, 2015 (Item No. 13) Page 3 Title: Fiber Lease Agreements protect the City-owned fiber assets, while making their excess capacity available to private entities to promote economic development. Both of these templates are attached. Final versions that include proposed initial pricing will be provided in the December 21 report. Such pricing will be consistent with economic development goals and pricing offered by other entities in the Twin Cities metropolitan area as supported by pricing research conducted in the last 60 days. PRESENT CONSIDERATIONS: Unless Council requests additional revisions be made, the Fiber Lease Agreement templates, as updated, will be presented for approval on December 21, 2015. NEXT STEPS: First, unless Council has any objections or major concerns, staff will place approval of this item on the December 21 consent agenda. Council approval would enable the City Manager to approve fiber lease agreements in an agile and responsive fashion as opportunities arise in the future. Second, staff will then work with at least one private party that has expressed on-going interest in entering into fiber lease agreements with the City. Third, staff plans to inform other potential lessees of the availability of dark fiber in the City. Finally, staff plans to return to Council with recommendations related to requiring broadband readiness in new and significantly remodeled buildings in the first quarter of 2016, another recommendation related to the 2012 fiber study. Study Session Meeting of December 14, 2015 (Item No. 13) Page 4 Title: Fiber Lease Agreements DARK FIBER AGREEMENT INDEFEASIBLE RIGHT OF USE THIS LICENSE AGREEMENT (“Agreement”) is made as of the ____ day of ______________, by and between the CITY OF ST. LOUIS PARK, a municipal corporation under the laws of the State of Minnesota, (“City”), whose address is 5005 Minnetonka Boulevard, St. Louis Park, MN 55416, and _______________________________, a ______________________________________, having its principal address at __________________________________________________________(“Licensee”). RECITALS: WHEREAS, the City, Independent School District #283, and Local Government Information Systems have constructed a shared fiber optic network throughout portions of the City of St. Louis Park, the City portion of which is the subject of this agreement (“City Network”); and WHEREAS, the City is willing, subject to the terms, covenants and conditions set forth in this Agreement, to grant to Licensee a license for the operation and use of certain City Dark Fiber in the City Network to Licensee, and Licensee desires to license, subject to the terms, covenants and conditions of this Agreement, the use of certain City Dark Fiber in the City Network. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Dark Fiber License. The City hereby grants to Licensee on an exclusive basis the right to use the strand or strands of the City Dark Fiber described in Exhibit A, along the Route Segments described in Exhibit A, as the same may be amended from time to time according to the terms of this Agreement (the “Licensed Fibers”). This license agreement authorizes Licensee to use the Licensed Fibers in accordance with the terms of this Agreement. 2. Effective Date and Term. This short-term per strand/per mile/per month Agreement shall become effective as of the date that the City executes this Agreement (“Commencement Date”) and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term of this Agreement (“Term”) shall be for a period of ___[5 or more years]___ from and after the Commencement Date unless terminated earlier according to the terms of this Agreement. The Licensed Fibers, identified in Exhibit A, may be changed from time to time in writing signed by the City and Licensee, as specified in the applicable amended Exhibit A, which shall be attached to this Agreement. The amended Exhibit A shall have its own term, which term shall commence on the date that the City executes the applicable amended Exhibit A and end on the Termination Date. 3. Definitions. For purposes of this Agreement, the terms set forth below shall be defined as follows: Acceptance Test - The tests conducted on the Licensed Fibers by the Licensee to ensure that the Licensed Fibers meet or exceed the City Dark Fiber Specifications outlined in Exhibit B. City Conduit - The City-owned conduit in which the City Dark Fiber is located. Study Session Meeting of December 14, 2015 (Item No. 13) Page 5 Title: Fiber Lease Agreements City Dark Fiber - All Dark Fiber owned by the City whether dedicated for the City's use only or whether used by the City, Licensee or a third party. City Fiber Building – The building(s) located within the City of St. Louis Park, MN in which the City Conduit is connected and the Fiber Equipment rack is located. Dark Fiber - Unused Fiber through which no light is transmitted. Fiber Equipment Rack – the equipment rack within the City Fiber Building on which the Licensee is allowed to mount their equipment and connect to the Licensed Fibers (if this agreement permits). Fiber Acceptance Date - The date of the applicable Notice of Acceptance which evidences that the Licensed Fibers in the applicable Route Segments as defined in each Exhibit A have passed the Acceptance Test and have met the conditions of Section 6. License Fee - The License Fee shall mean the Fiber License Fee as set forth in Section 4(a) of this Agreement. Licensed Fibers - shall have the definition set forth in Section 1 of this Agreement. Licensee Equipment Location - Locations where Licensee's Equipment will be installed within the City Fiber Building and Fiber Equipment Rack enclosures and Licensee's Equipment will be installed as outlined in Exhibit C (if this agreement permits). Fiber meet points (indoor and outdoor) are flexible, but also include clear demarcation and access points. Licensee's Equipment - The Licensee's terminals and peripheral equipment or facilities used with or connected to the Licensed Fibers which may be located on City's property pursuant to a separate agreement or on Licensee's own land or that of a third party. Notice of Acceptance - Licensee's written approval that the Licensed Fibers have passed the Acceptance Test. The Notice of Acceptance shall define the effective date for the Term of the Route Segment set forth in Exhibit A. Route Segment - That portion of the City's Conduit containing the Licensed Fibers installed between the identified Splice Vaults as set forth in Exhibit A. Splice Vault - The vaults installed by the City in the City Network where the City, the Licensee and other users of the City Network can splice into the City Conduit and/or the City Dark Fiber. 4. Price and Payment. (a) Licensee shall pay the City a one-time License Fee in the amount of $_____________ per route segment mile. The License Fee must be paid in full before the Licensed Fibers will be made available to Licensee for use. (b) Licensee shall pay the City an annual maintenance fee in the amount of $________per route segment mile. A prorated annual maintenance fee shall be due on the Fiber Acceptance Date for the Route Segment, and thereafter the annual maintenance fee shall be due in full on January 1 of each calendar year in which the Agreement is active. Maintenance fees are subject to an increase of up to 3% per year over the term of the Agreement, at the City’s discretion and based on costs. (c) Licensee shall pay the City for Licensee’s share of federal or state taxes, if any, which may be imposed on the Licensed Fibers during the term of this Agreement. Study Session Meeting of December 14, 2015 (Item No. 13) Page 6 Title: Fiber Lease Agreements (d) All payments due from either party to the other under the terms of this Agreement which are not paid when due shall bear interest from the due date until paid at an interest rate equal to the lesser of 1-1/2% per month or the maximum lawful rate permitted by law. 5. Acceptance Testing and Completion of Licensed Fibers. (a) Upon Licensee's request, prior to the Licensee's splicing into the applicable City Dark Fiber, the City shall have the Licensed Fibers tested at the Licensee's sole cost and expense in accordance with the procedures and standards specified in Exhibit B ("Acceptance Testing"). City shall give Licensee five (5) business days prior notice of the time and location of the Acceptance Testing, and Licensee shall have the right, but not the obligation, to be present to observe the Acceptance Testing. City shall provide Licensee with a copy of such test results. City shall deliver the Licensed Fibers to Licensee in conformance with the fiber specifications set forth in Exhibit B. (b) Licensee shall be responsible for the timely completion of any work or installation required to place the Licensed Fibers into operation. Licensee's failure to complete such work shall not be grounds for rejection of a Completion Notice. (c) Upon the successful completion of Acceptance Testing, the City shall provide written notice to Licensee (a "Completion Notice"). City shall contemporaneously deliver a copy of the results of the Acceptance Testing and Licensee shall, within fifteen (15) days of receipt of the Completion Notice, either accept or reject the Completion Notice. Licensee shall be permitted to reject only if Licensee specifies the failure of the Licensed Fibers to satisfy the requirements of this Agreement by written notice to City. Licensee's written acceptance shall constitute the Notice of Acceptance. In the event Licensee rejects the Completion Notice, City shall promptly, and at no cost to Licensee, remedy the defect or failure specified in Licensee's notice. Thereafter City shall again conduct Acceptance Testing and, if successfully completed, provide Licensee a Completion Notice. The foregoing procedure shall apply again and successively thereafter until City has remedied all defects or failures specified by Licensee. Any failure by Licensee to timely reject a Completion Notice, or any use of the Licensed Fibers by Licensee for any purpose other than testing, shall be deemed to constitute acceptance for purposes of this Agreement and Licensee shall be deemed to have delivered a Notice of Acceptance upon the earlier of (i) such use or (ii) the fifteenth (15th) day after delivery of the Completion Notice. 6. Use of Licensed Fibers; Access. Licensee shall not use the Licensed Fibers in violation of this Agreement, any applicable law, rule, regulation or order of any governmental authority having jurisdiction, or any franchise, license, agreement or certificate related to the City Network, unless the validity thereof is being contested in good faith and by appropriate proceedings (but only so long as such proceedings and Licensee's use of the Licensed Fibers does not, in City's reasonable opinion, involve any risk of the forfeiture, or loss of the City Network or the City of any other license of the City Dark Fiber, or any part thereof or any interest therein). 7. Performance and Maintenance. City shall maintain the Licensed Fibers pursuant to Exhibit D, so that at all times the Licensed Fibers perform in accordance with the standards set forth in Exhibit B. Inspection and maintenance of the Licensed Fibers will be conducted by City or its subcontractors upon the request of Licensee unless prior arrangements have been made between City and Licensee. The Licensee shall be responsible for all cost of the City relating to the inspection and maintenance of the Licensed Fibers requested by the Licensee and the Licensee shall pay the City for said cost within thirty (30) days of the City invoicing the Licensee. 8. Ownership and Title. All ownership, rights, title and interest in all the Licensed Fibers shall at all times remain exclusively with the City. All right, title and interest in the Licensee's Equipment shall at all times remain exclusively that of the Licensee. Study Session Meeting of December 14, 2015 (Item No. 13) Page 7 Title: Fiber Lease Agreements 9. Liens and Encumbrances. Neither party, directly or indirectly, shall create or impose any lien on the property of the other or on the rights or title relating thereto or any interest therein or in this Agreement. 10. Representations and Covenants Regarding Authorizations. (a) Licensee hereby represents, warrants and covenants to City as follows: (i) Licensee is duly organized, validly existing and in good standing under the laws of the State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) Licensee has or will use its best commercial efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, or Licensee's Equipment, as well as any other such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Fibers. Licensee shall be solely liable for all costs related thereto. (iii) Licensee covenants that its use of the Licensed Fibers shall at all times be in compliance with law and that Licensee has received and is in compliance with all regulatory authorizations. (iv) Licensee shall be responsible for and shall pay all taxes or fees, including, but not limited to, franchise fees imposed by any other governmental agency or authority as a result of Licensee’s operation or use of the Licensed Fibers pursuant to this Agreement. The City represents and warrants that with respect to any Licensed Fibers pursuant to this Agreement the City has obtained any and all necessary rights of way or other authorizations by whatever name, such that the City is legally permitted to own, use and license the Licensed Fibers; the City shall grant Licensee whatever permission is necessary such that the Licensee may benefit from such authorizations. With respect to any additional authorization required of Licensee to install or operate the Licensed Fibers, Licensee shall, at its own expense, obtain all municipal street rights and/or property leases that may be required for the construction or operation of the Licensed Fibers thereof by Licensee. (b) City hereby represents, warrants and covenants to Licensee as follows: (i) City is duly organized and validly existing under the laws of its State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (ii) City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, and the City Network including such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation of the City Network and use of the Licensed Fibers. City shall be solely liable for all costs related thereto. 11. Compliance with Law. Each party shall perform its respective rights and obligations hereunder in accordance with all applicable laws, rules and regulations imposed by any governmental authority. Study Session Meeting of December 14, 2015 (Item No. 13) Page 8 Title: Fiber Lease Agreements 12. Access to the City Fiber Building and the Licensed Fibers. The City shall provide Licensee with reasonable access (as determined solely by the City) to the City Fiber Building and the Licensed Fibers shown on Exhibit A as described within Section 25 upon the execution of this Agreement by the City and the Licensee. 13. Relocation of the Licensed Fiber. Licensee recognizes that, from time to time, City may elect or be required to relocate the Licensed Fibers and/or City Conduit, whether such relocation is for the convenience of City or is a requirement by law or existing contract or by loss of right-of-way. In these instances, the City shall be solely responsible for all costs incurred to relocate the Licensed Fibers except for the cost related to the Licensee splicing into the new Licensed Fiber. For any other relocation, Licensee shall pay its proportional share of the cost, defined as the number of Licensed Fibers divided by the total number of City Dark Fiber and Licensee Dark Fiber in any given Route Segment. City will use commercially reasonable efforts to effect any relocation in a manner that will not cause any material interruption to Licensee's use of the Licensed Fibers. 14. Condemnation and Casualty. (a) Condemnation. If all or any portion of the Licensed Fibers are taken for any public or quasi- public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the City and the Licensee shall be entitled to terminate this Agreement with respect to the Licensed Fibers affected, or if such condemnation materially affects the intended purpose of the Licensed Fibers, then Licensee may terminate the Agreement in its entirety. In such event, both parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the City Dark Fiber or the Licensed Fibers. (b) Casualty. If all or any portion of the City Dark Fiber, the City Conduit or the Licensed Fibers are made inoperable and beyond feasible repair due to a casualty or other Force Majeure Event (as that term is defined in Section 24 below), Licensee shall be entitled to terminate this Agreement with respect to the applicable Licensed Fibers affected by such casualty or other event. In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the City Dark Fiber, the City Conduit or the Licensed Fibers (i) under any insurance policy carried by either party or any third party, or (ii) in either joint or separate actions, from any third party that may be legally responsible for causing such casualty. 15. Government Data Practices. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by any party. If Licensee receives a request to release data, Licensee must immediately notify the City. The City will give the Licensee instructions concerning the release of the data to the requesting party before the data is released. Licensee must comply with City’s instructions related to data requests under this section. 16. Liability and Insurance. (a) Indemnification by Licensee. Licensee agrees to defend, indemnify and hold harmless the City and its elected officials, officers, employees, agents, contractors and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation (collectively “Damages”), that may be asserted against or incurred by the City or for which the City may be liable in the performance of this Agreement, whether arising from the negligence intentional acts of the City, its respective employees, agents or contractors, Licensee, or a third party. Licensee shall further defend and indemnify all claims arising out Study Session Meeting of December 14, 2015 (Item No. 13) Page 9 Title: Fiber Lease Agreements of the installation, operation, use, maintenance, repair, or removal of the Licensed Fibers as may be required by this Agreement. (b) Licensee shall obtain and maintain during the term of this Agreement, General Liability Insurance with single-occurrence liability limits of One Million Five Hundred Thousand Dollars ($1,500,000.00), naming the Town as an additional insured. (c) Notwithstanding anything to the contrary in this Agreement, in no event will City be liable to Licensee for punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities. 17. Events of Default. Each of the following events shall constitute an event of default (whether any such event shall be voluntary or involuntary or occur by operation of law or pursuant to any judgment, decree, order, rule or regulation of any court or administrative or governmental body): (a) The failure of Licensee to pay any License Fee when due or any other payment due hereunder and the continuation of such failure for thirty (30) days after written notice is given by City demanding such payment; (b) If either party fails to observe or performs its obligations under this Agreement and does not cure such failure within thirty (30) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Agreement. If the default may not be reasonably cured within such thirty (30) day period, either party may request the other party to grant an extension of the time to cure not to exceed ninety (90) days, consent to such extension not to be unreasonably withheld. (c) The failure of Licensee to carry and maintain insurance in compliance with all provisions of this Agreement. (d) The Licensee shall cease to have any of the licenses, agreement, certificates, concessions, permits, rights or privileges required for the conduct of its business and operations which loss is not remedied by the obtaining of a replacement license, agreement, certificate, concession, permit, right or privilege within sixty (60) days of the loss thereof, if such loss would have a material adverse effect upon the ability of the Licensee to perform its obligations or enjoy its rights hereunder. (e) Licensee shall admit in writing an inability to pay its debts as such debts become due or Licensee shall (1) apply for or consent to the appointment of, or the taking of possession by, a receiver, administrator, custodian, trustee or liquidator of itself or of all or a substantial part of its property or assets, (2) make a general assignment for the benefit of its creditors, (3) commence a voluntary case under the U.S. Bankruptcy Code, (4) file a petition or otherwise commence a proceeding under any bankruptcy, insolvency reorganization winding-up, or composition or readjustment of debts or similar law, (5) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the U.S. Bankruptcy Code, or (6) take any action for the purpose of effecting any of the foregoing; or a proceeding or case shall be commenced, without the application or consent of Licensee, in any court of competent jurisdiction, seeking (1) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (2) the appointment of a trustee, receiver, administrator, custodian, liquidator or the like of Licensee or of all or any substantial part of its assets, or (3) similar relief in respect of any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts, which proceeding is not dismissed within ninety (90) days thereafter. 18. Rights Upon Default. Study Session Meeting of December 14, 2015 (Item No. 13) Page 10 Title: Fiber Lease Agreements (a) Upon the occurrence of a default by Licensee, the City may forthwith terminate this Agreement or any particular Route Segment by thirty (30) days written notice to Licensee. The right of the City to terminate a specific Route Segment or this Agreement shall be in addition to, and not in substitution for, any other rights that the City may have at law or equity as a result of a default by Licensee. (b) Upon the occurrence of a default by the City, Licensee shall be entitled to terminate this Agreement or any particular Route Segment by thirty (30) days written notice to the City. Unless otherwise explicitly set forth in this Agreement, this shall constitute Licensee's sole remedy for the City's default. 19. Remedies. Upon the occurrence and during the continuance of any event of default, the non- defaulting party may, at its option, declare this Agreement to be in default and may, in addition to any other remedies provided herein, terminate this Agreement. No remedy is intended to be exclusive, but each shall be cumulative and in addition to and may be exercised concurrently with any other remedy available to City or Licensee at law or in equity. 20. Termination. (a) Licensee's Liability for Early Termination. If Licensee terminates this Agreement as to all or any Licensed Fibers for any reason, the Licensee shall pay to the City as liquidated damages for early termination, one hundred fifty percent (150%) of the applicable annual Maintenance Fees for the applicable Licensed Fibers for the year in which Licensee terminates ("Termination Fee"). All Maintenance Fees previously paid to the City shall be retained by the City. (b) Removal of Licensee's Equipment. Upon termination of this Agreement for any reason, Licensee shall remove all of Licensee's Equipment within ninety (90) days of the notice provided pursuant to Section 20 of this Agreement or within 90 days of the end of the Term, whichever occurs first. In the event Licensee does not remove said Equipment within the applicable timeframe, Licensee hereby authorizes the City to immediately remove and dispose of all Equipment, and the City shall not be liable to Licensee for any costs or reimbursements associated with the Equipment. 21. Force Majeure Events. Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; permitting authorities, pole or right-of-way owners; or strikes, lock outs, work stoppages or other labor difficulties (collectively, "FORCE MAJEURE EVENTS"). 22. Rights and Obligations of Licensee. In addition to the rights and obligations of Licensee set forth elsewhere in this Agreement, Licensee shall: (a) have full and complete control, responsibility and liability for the signals distributed over the fiber optic components of the Licensed Fibers licensed by Licensee or for its benefit; (b) have full and complete control, responsibility and liability for the purchase, installation, construction and maintenance of the Licensee's Equipment; Study Session Meeting of December 14, 2015 (Item No. 13) Page 11 Title: Fiber Lease Agreements (c) have full and complete control, responsibility and liability for obtaining and maintaining any operating authority from any federal, state or local governmental body or agency that relates to the activities of Licensee under this Agreement, including Licensee's license of channel capacity on the Licensed Fibers. 23. Access and Security. (a) The City agrees to allow Licensee direct ingress and egress to the City’s property at such times as may be required for Licensee to perform any appropriate testing, maintenance and repair on Licensee’s Equipment. The City may require that a representative of the City accompany any representatives of Licensee on such visits to the City property. Employees and agents of Licensee or of a Licensee designee shall, while on the property of the City, comply with all rules and regulations including, without limitation, security/safety requirements and, where required by government regulations, receipt of satisfactory governmental clearances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees are excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. (b) Notwithstanding the provisions of this Section, each party acknowledges that the operational efficiency of the other depends on the continuous availability of its trained personnel and, accordingly, both parties will act cooperatively to resolve any situations which may arise that threaten the security, operations or maintenance of either party's facilities prior to excluding any personnel. 24. Assignment. Licensee may not assign, transfer, delegate or in any other manner dispose of, any of its rights, privileges or obligations under this Agreement without the express written consent of City. 25. Forum for Litigation. In the event that litigation is required in order to resolve any dispute or disagreement connected with this Agreement, it is agreed by and between the parties hereto that venue and jurisdiction for any such litigation shall be in Hennepin County, Minnesota. Unless otherwise provided by law, any and all litigation between the parties hereto arising out of this Agreement shall be instituted and maintained in a court of competent jurisdiction in Hennepin County, Minnesota. Any cause of action arising by virtue of the laws of the United States shall be instituted in a court of competent jurisdiction in the State of Minnesota. 26. Miscellaneous. (a) Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one complete set of such counterparts. (b) Captions; Gender. Article and section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever used herein the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. (c) Governing Law and Binding Effect. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. Study Session Meeting of December 14, 2015 (Item No. 13) Page 12 Title: Fiber Lease Agreements (d) Waivers and Amendments. This Agreement may not be amended nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent or discharge, by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach of this Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. (e) Relationship Not a Partnership or an Agency. The relationship between Licensee and City shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency agreement between them. (f) Notices. All notices, requests, demands, statements, reports and other communications under this Agreement shall be in writing and deemed to be duly delivered, if delivered in person, by overnight courier or by certified or registered mail: If to City: City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Attn: , Chief Information Officer With a copy to: St. Louis Park City Attorney Campbell Knutson, PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Licensee: With a copy to: Their Attorney Either party hereto may change its mailing address by giving notice to the other pursuant to the provisions of this paragraph. (g) Disclaimers. There are no agreements, warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose or use, except those expressly set forth herein. (h) Entire Agreement. This Agreement, including the exhibits, schedules and annexes hereto, which are hereby incorporated by reference and made a part of this Agreement as if they were fully set forth herein, constitutes the entire agreement between City and Licensee with respect to the subject matter hereof and supersedes all prior agreements and understandings between them as to such subject matter, and there are no restrictions, agreements, arrangements or Study Session Meeting of December 14, 2015 (Item No. 13) Page 13 Title: Fiber Lease Agreements undertaking, oral or written, between City and Licensee relating to the transactions contemplated hereby which are not fully expressed or referred to herein. (i) Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement on the dates indicated below. CITY OF ST. LOUIS PARK Dated: BY: Name: ___________________________ Title: Mayor Dated: BY: Name: Melissa Kennedy Title: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, 20____, by _________________ and by Melissa Kennedy, the Mayor and City Clerk, respectively, of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Study Session Meeting of December 14, 2015 (Item No. 13) Page 14 Title: Fiber Lease Agreements LICENSEE: Dated: BY: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ________________, 20____, by __________________________, the _______________________, of ___________________________, a __________________________________, on behalf of __________________________________. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ST. LOUIS PARK 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Telephone: (952) 924-2500 Study Session Meeting of December 14, 2015 (Item No. 13) Page 15 Title: Fiber Lease Agreements EXHIBIT A Designation of Licensed Route Segments, Splice Vaults, and Licensed Fiber Stands Study Session Meeting of December 14, 2015 (Item No. 13) Page 16 Title: Fiber Lease Agreements EXHIBIT B City Network Fiber Acceptance Testing Procedures and Standards The intent of this Exhibit is to identify the fiber acceptances testing procedures and standards used within the City Network. Deviations from these specifications may occur if City acquires a portion of the City Network from a third party pursuant to the Agreement. 1. All splices shall be fusion spliced. Mechanical splices are only allowed during temporary restoration and will be replaced within three (3) business days, with fusion splices. 2. Fibers shall be terminated with _________ connectors (typical return loss of 0.50 dB). 3. After end-to-end connectivity on the fibers has been completed, bi-directional OTDR span and power meter testing will be completed. City shall perform tests after the fiber cable is installed and the splicing enclosures have been completed and are in their final resting configuration with the cable vault or hand hole covers closed. This ensures that no micro or macro bending problems with the cable or fiber strands will contribute to the loss/attenuation measurements. 4. Power meter tests shall be completed to verify and insure that no fibers have been crossed at any of the splice points within the network. City shall test and record power level readings on all fiber strands in both directions of transmission (bi-directionally) using the 1310 & 1550 nm wavelengths. 5. All OTDR and power meter tests shall be completed as follows: a. All OTDR traces shall be taken from both ends of a section (between adjacent Locations) and recorded using the 1310 & 1550 nm wavelength. Loss/attenuation measurements for each splice point from both directions shall be taken and recorded. b. The end-to-end loss value as measured with an industry-accepted laser source and power meter should have an attenuation rating of less than or equal to the following: (1) At 1310 nm: (0.35 dB/km x km of cable) +(number of connectors x 0.50) + (0.05 x number of splices). (2) At 1550 nm: (0.25 dB/km x km of cable)+ (number of connectors x 0.50) + (0.05 x number of splices). c. City's loss/attenuation objective for each fiber optic splice is 0.05 dB when measured in one direction with an OTDR test set (excluding connector loss, which is typically 0.50 dB per mated connector pair). If after three attempts this parameter is not met, the splice will be marked as Out-Of-Spec (OOS) and the splice will remain provided the average loss/attenuation value of all splices on an individual fiber basis shall not exceed 0.10 dB for the entire ring or subsystem. d. For bi-directional OTDR testing, the distance from Location "A" and Location "Z" shall be recorded for each splice point. The loss/attenuation at each splice point shall be recorded at both wavelengths (1310 nm & 1550 nm) in each direction. City shall then average the two readings to obtain the final average splice loss/attenuation for each splice point of each fiber strand within the fiber optic cable. e. Each fiber strand color must be recorded along with its buffer tube color or the ribbon color. The laser source transmit power level using the 1310 & 1550 nm wavelengths will always be recorded together with the receive power level reading at the receiving end of the test. 6. OTDR traces will be taken and splice loss measurements recorded. City will store OTDR traces on electronic media. Loss measurements will be recorded using an industry accepted laser source and a power meter. Copies of all data sheets and tables and one set of diskettes with all traces will be available to Licensee. 7. Following emergency restoral, City personnel shall perform span test documenting end to end attenuation measurement of each fiber and will be completed in both directions at 1310 & 1550 nm wavelengths. Upon permanent repair, new splice loss readings should be approximately the original splice loss specifications. Study Session Meeting of December 14, 2015 (Item No. 13) Page 17 Title: Fiber Lease Agreements EXHIBIT C City Fiber Building and Location on the Fiber Equipment Rack (if applicable) Study Session Meeting of December 14, 2015 (Item No. 13) Page 18 Title: Fiber Lease Agreements EXHIBIT D Maintenance Specifications 1. Notice. City shall provide Licensee with telephone, facsimile, or written notice of all non-emergency planned network maintenance no later than seven (7) business days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting Licensee's traffic. If City's planned activity is canceled or delayed, City shall promptly notify Licensee and shall comply with the provisions of the previous sentence to reschedule any delayed activity. 2. Standard of Care; Cooperation. In performing its services hereunder, City shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the Licensed Fibers. In addition, City shall reasonably cooperate with Licensee in sharing information and analyzing the disturbances regarding the cable and/or fiber facilities. 3. Licensee's Equipment. Nothing contained herein shall make City responsible for the Licensee's Equipment. 4. Escalation List. City shall, at Licensee's request, provide Licensee an operations escalation list for use in reporting and seeking redress of exceptions noted in City's performance of routine maintenance and non-routine maintenance Study Session Meeting of December 14, 2015 (Item No. 13) Page 19 Title: Fiber Lease Agreements DARK FIBER AGREEMENT SHORT TERM LICENSE THIS LICENSE AGREEMENT (“Agreement”) is made as of the ____ day of ______________, by and between the CITY OF ST. LOUIS PARK, a municipal corporation under the laws of the State of Minnesota, (“City”), whose address is 5005 Minnetonka Boulevard, St. Louis Park, MN 55416, and _______________________________, a ______________________________________, having its principal address at __________________________________________________________(“Licensee”). RECITALS: WHEREAS, the City, Independent School District #283, and Local Government Information Systems have constructed a shared fiber optic network throughout portions of the City of St. Louis Park, the City portion of which is the subject of this agreement (“City Network”); and WHEREAS, the City is willing, subject to the terms, covenants and conditions set forth in this Agreement, to grant to Licensee a license for the operation and use of certain City Dark Fiber in the City Network to Licensee, and Licensee desires to license, subject to the terms, covenants and conditions of this Agreement, the use of certain City Dark Fiber in the City Network. NOW THEREFORE, in consideration of the foregoing, and of the promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Dark Fiber License. The City hereby grants to Licensee on an exclusive basis the right to use the strand or strands of the City Dark Fiber described in Exhibit A, along the Route Segments described in Exhibit A, as the same may be amended from time to time according to the terms of this Agreement (the “Licensed Fibers”). This license agreement authorizes Licensee to use the Licensed Fibers in accordance with the terms of this Agreement. 2. Effective Date and Term. This short-term per strand/per mile/per month Agreement shall become effective as of the date that the City executes this Agreement (“Commencement Date”) and shall remain in effect unless and until terminated in accordance with the termination provisions of this Agreement. The term of this Agreement (“Term”) shall be for a period of _____[2-5 years]____ from and after the Commencement Date unless terminated earlier according to the terms of this Agreement. The Licensed Fibers, identified in Exhibit A, may be changed from time to time in writing signed by the City and Licensee, as specified in the applicable amended Exhibit A, which shall be attached to this Agreement. The amended Exhibit A shall have its own term, which term shall commence on the date that the City executes the applicable amended Exhibit A and end on the Termination Date. 3. Definitions. For purposes of this Agreement, the terms set forth below shall be defined as follows: Acceptance Test - The tests conducted on the Licensed Fibers by the Licensee to ensure that the Licensed Fibers meet or exceed the City Dark Fiber Specifications outlined in Exhibit B. City Conduit - The City-owned conduit in which the City Dark Fiber is located. City Dark Fiber - All Dark Fiber owned by the City whether dedicated for the City's use only or whether used by the City, Licensee or a third party. City Fiber Building – The building(s) located within the City of St. Louis Park, MN in which the City Conduit is connected and the Fiber Equipment rack is located. Study Session Meeting of December 14, 2015 (Item No. 13) Page 20 Title: Fiber Lease Agreements Dark Fiber - Unused Fiber through which no light is transmitted. Fiber Equipment Rack – the equipment rack within the City Fiber Building on which the Licensee is allowed to mount their equipment and connect to the Licensed Fibers (if this agreement permits). Fiber Acceptance Date - The date of the applicable Notice of Acceptance which evidences that the Licensed Fibers in the applicable Route Segments as defined in each Exhibit A have passed the Acceptance Test and have met the conditions of Section 6. License Fee - The License Fee shall mean the Fiber License Fee as set forth in Section 4(a) of this Agreement. Licensed Fibers - shall have the definition set forth in Section 1 of this Agreement. Licensee Equipment Location - Locations where Licensee's Equipment will be installed within the City Fiber Building and Fiber Equipment Rack enclosures and Licensee's Equipment will be installed as outlined in Exhibit C (if this agreement permits). Fiber meet points (indoor and outdoor) are flexible, but also include clear demarcation and access points. Licensee's Equipment - The Licensee's terminals and peripheral equipment or facilities used with or connected to the Licensed Fibers which may be located on City's property pursuant to a separate agreement or on Licensee's own land or that of a third party. Notice of Acceptance - Licensee's written approval that the Licensed Fibers have passed the Acceptance Test. The Notice of Acceptance shall define the effective date for the Term of the Route Segment set forth in Exhibit A. Route Segment - That portion of the City's Conduit containing the Licensed Fibers installed between the identified Splice Vaults as set forth in Exhibit A. Splice Vault - The vaults installed by the City in the City Network where the City, the Licensee and other users of the City Network can splice into the City Conduit and/or the City Dark Fiber. 4. Price and Payment. (a) Licensee shall pay the City a short-term license fee for the use of the Licensed Fibers provided by the City ("License Fee") which License Fee shall commence on the Fiber Acceptance Date. The License Fee payable to the City for the Licensed Fibers shall be $________________________________________________________ per strand per mile per month. The License Fee shall be payable quarterly, in advance, on the first day of each calendar quarter commencing on the Fiber Acceptance Date for the Route Segment. Should the Fiber Acceptance Date be any date other than the first day of any calendar quarter, then that initial quarter’s License Fee and the final quarter’s License Fees shall be prorated based on the actual date. (b) Licensee shall pay the City for Licensee’s share of federal or state taxes, if any, which may be imposed on the Licensed Fibers during the term of this Agreement. (c) Licensee shall pay all License Fees, by check in the amount set forth on the statement sent to the Licensee by the City. The Licensee shall pay to the City a late payment fee of five percent (5%) of the amount of any License Fee payment that is overdue by more than ten (10) days ("Late Payment Fee"). (d) All payments due from either party to the other under the terms of this Agreement which are not paid when due shall bear interest from the due date until paid at an interest rate equal to the lesser of 1-1/2% per month or the maximum lawful rate permitted by law. Study Session Meeting of December 14, 2015 (Item No. 13) Page 21 Title: Fiber Lease Agreements 5. Acceptance Testing and Completion of Licensed Fibers. (a) Upon Licensee's request, prior to the Licensee's splicing into the applicable City Dark Fiber, the City shall have the Licensed Fibers tested at the Licensee's sole cost and expense in accordance with the procedures and standards specified in Exhibit B ("Acceptance Testing"). City shall give Licensee five (5) business days prior notice of the time and location of the Acceptance Testing, and Licensee shall have the right, but not the obligation, to be present to observe the Acceptance Testing. City shall provide Licensee with a copy of such test results. City shall deliver the Licensed Fibers to Licensee in conformance with the fiber specifications set forth in Exhibit B. (b) Licensee shall be responsible for the timely completion of any work or installation required to place the Licensed Fibers into operation. Licensee's failure to complete such work shall not be grounds for rejection of a Completion Notice. (c) Upon the successful completion of Acceptance Testing, the City shall provide written notice to Licensee (a "Completion Notice"). City shall contemporaneously deliver a copy of the results of the Acceptance Testing and Licensee shall, within fifteen (15) days of receipt of the Completion Notice, either accept or reject the Completion Notice. Licensee shall be permitted to reject only if Licensee specifies the failure of the Licensed Fibers to satisfy the requirements of this Agreement by written notice to City. Licensee's written acceptance shall constitute the Notice of Acceptance. In the event Licensee rejects the Completion Notice, City shall promptly, and at no cost to Licensee, remedy the defect or failure specified in Licensee's notice. Thereafter City shall again conduct Acceptance Testing and, if successfully completed, provide Licensee a Completion Notice. The foregoing procedure shall apply again and successively thereafter until City has remedied all defects or failures specified by Licensee. Any failure by Licensee to timely reject a Completion Notice, or any use of the Licensed Fibers by Licensee for any purpose other than testing, shall be deemed to constitute acceptance for purposes of this Agreement and Licensee shall be deemed to have delivered a Notice of Acceptance upon the earlier of (i) such use or (ii) the fifteenth (15th) day after delivery of the Completion Notice. 6. Use of Licensed Fibers; Access. Licensee shall not use the Licensed Fibers in violation of this Agreement, any applicable law, rule, regulation or order of any governmental authority having jurisdiction, or any franchise, license, agreement or certificate related to the City Network, unless the validity thereof is being contested in good faith and by appropriate proceedings (but only so long as such proceedings and Licensee's use of the Licensed Fibers does not, in City's reasonable opinion, involve any risk of the forfeiture, or loss of the City Network or the City of any other license of the City Dark Fiber, or any part thereof or any interest therein). 7. Performance and Maintenance. City shall maintain the Licensed Fibers pursuant to Exhibit D, so that at all times the Licensed Fibers perform in accordance with the standards set forth in Exhibit B. Inspection and maintenance of the Licensed Fibers will be conducted by City or its subcontractors upon the request of Licensee unless prior arrangements have been made between City and Licensee. The Licensee shall be responsible for all cost of the City relating to the inspection and maintenance of the Licensed Fibers requested by the Licensee and the Licensee shall pay the City for said cost within thirty (30) days of the City invoicing the Licensee. 8. Ownership and Title. All ownership, rights, title and interest in all the Licensed Fibers shall at all times remain exclusively with the City. All right, title and interest in the Licensee's Equipment shall at all times remain exclusively that of the Licensee. 9. Liens and Encumbrances. Neither party, directly or indirectly, shall create or impose any lien on the property of the other or on the rights or title relating thereto or any interest therein or in this Agreement. Study Session Meeting of December 14, 2015 (Item No. 13) Page 22 Title: Fiber Lease Agreements 10. Representations and Covenants Regarding Authorizations. (a) Licensee hereby represents, warrants and covenants to City as follows: a. Licensee is duly organized, validly existing and in good standing under the laws of the State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. b. Licensee has or will use its best commercial efforts to obtain and maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, or Licensee's Equipment, as well as any other such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation and use of the Licensed Fibers. Licensee shall be solely liable for all costs related thereto. c. Licensee covenants that its use of the Licensed Fibers shall at all times be in compliance with law and that Licensee has received and is in compliance with all regulatory authorizations. d. Licensee shall be responsible for and shall pay all taxes or fees, including, but not limited to, franchise fees imposed by any other governmental agency or authority as a result of Licensee’s operation or use of the Licensed Fibers pursuant to this Agreement. The City represents and warrants that with respect to any Licensed Fibers pursuant to this Agreement the City has obtained any and all necessary rights of way or other authorizations by whatever name, such that the City is legally permitted to own, use and license the Licensed Fibers; the City shall grant Licensee whatever permission is necessary such that the Licensee may benefit from such authorizations. With respect to any additional authorization required of Licensee to install or operate the Licensed Fibers, Licensee shall, at its own expense, obtain all municipal street rights and/or property leases that may be required for the construction or operation of the Licensed Fibers thereof by Licensee. (b) City hereby represents, warrants and covenants to Licensee as follows: a. City is duly organized and validly existing under the laws of its State of Minnesota and has full power and authority to execute, deliver and perform the terms of this Agreement. (i) City has obtained and will maintain all rights, licenses, governmental regulatory approvals, authorizations, rights-of-way, and other agreements and permissions necessary for the use of the Licensed Fibers, and the City Network including such rights, licenses, authorizations, rights-of-way, and other agreements, easements, or permissions necessary for the installation of the City Network and use of the Licensed Fibers. City shall be solely liable for all costs related thereto. 11. Compliance with Law. Each party shall perform its respective rights and obligations hereunder in accordance with all applicable laws, rules and regulations imposed by any governmental authority. 12. Access to the City Fiber Building and the Licensed Fibers. The City shall provide Licensee with reasonable access (as determined solely by the City) to the City Fiber Building and the Licensed Study Session Meeting of December 14, 2015 (Item No. 13) Page 23 Title: Fiber Lease Agreements Fibers shown on Exhibit A as described within Section 25 upon the execution of this Agreement by the City and the Licensee. 13. Relocation of the Licensed Fiber. Licensee recognizes that, from time to time, City may elect or be required to relocate the Licensed Fibers and/or City Conduit, whether such relocation is for the convenience of City or is a requirement by law or existing contract or by loss of right-of-way. In these instances, the City shall be solely responsible for all costs incurred to relocate the Licensed Fibers except for the cost related to the Licensee splicing into the new Licensed Fiber. For any other relocation, Licensee shall pay its proportional share of the cost, defined as the number of Licensed Fibers divided by the total number of City Dark Fiber and Licensee Dark Fiber in any given Route Segment. City will use commercially reasonable efforts to effect any relocation in a manner that will not cause any material interruption to Licensee's use of the Licensed Fibers. 14. Condemnation and Casualty. (a) Condemnation. If all or any portion of the Licensed Fibers are taken for any public or quasi- public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain, the City and the Licensee shall be entitled to terminate this Agreement with respect to the Licensed Fibers affected, or if such condemnation materially affects the intended purpose of the Licensed Fibers, then Licensee may terminate the Agreement in its entirety. In such event, both parties shall be entitled to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the City Dark Fiber or the Licensed Fibers. (b) Casualty. If all or any portion of the City Dark Fiber, the City Conduit or the Licensed Fibers are made inoperable and beyond feasible repair due to a casualty or other Force Majeure Event (as that term is defined in Section 24 below), Licensee shall be entitled to terminate this Agreement with respect to the applicable Licensed Fibers affected by such casualty or other event. In such event, both parties shall be entitled to seek to recover the economic value of their respective interests in the City Dark Fiber, the City Conduit or the Licensed Fibers (i) under any insurance policy carried by either party or any third party, or (ii) in either joint or separate actions, from any third party that may be legally responsible for causing such casualty. 15. Government Data Practices. The parties must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by each party under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by any party under this Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by any party. If Licensee receives a request to release data, Licensee must immediately notify the City. The City will give the Licensee instructions concerning the release of the data to the requesting party before the data is released. Licensee must comply with City’s instructions related to data requests under this section. 16. Liability and Insurance. (a) Indemnification by Licensee. Licensee agrees to defend, indemnify and hold harmless the City and its elected officials, officers, employees, agents, contractors and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation (collectively “Damages”), that may be asserted against or incurred by the City or for which the City may be liable in the performance of this Agreement, whether arising from the negligence intentional acts of the City, its respective employees, agents or contractors, Licensee, or a third party. Licensee shall further defend and indemnify all claims arising out of the installation, operation, use, maintenance, repair, or removal of the Licensed Fibers as may be required by this Agreement. Study Session Meeting of December 14, 2015 (Item No. 13) Page 24 Title: Fiber Lease Agreements (b) Licensee shall obtain and maintain during the term of this Agreement, General Liability Insurance with single-occurrence liability limits of One Million Five Hundred Thousand Dollars ($1,500,000.00), naming the Town as an additional insured. (c) Notwithstanding anything to the contrary in this Agreement, in no event will City be liable to Licensee for punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities. 17. Events of Default. Each of the following events shall constitute an event of default (whether any such event shall be voluntary or involuntary or occur by operation of law or pursuant to any judgment, decree, order, rule or regulation of any court or administrative or governmental body): (a) The failure of Licensee to pay any License Fee when due or any other payment due hereunder and the continuation of such failure for thirty (30) days after written notice is given by City demanding such payment; (b) If either party fails to observe or performs its obligations under this Agreement and does not cure such failure within thirty (30) days from its receipt of written notice of breach without, however, limiting any other rights available to the parties pursuant to any other provision of this Agreement. If the default may not be reasonably cured within such thirty (30) day period, either party may request the other party to grant an extension of the time to cure not to exceed ninety (90) days, consent to such extension not to be unreasonably withheld. (c) The failure of Licensee to carry and maintain insurance in compliance with all provisions of this Agreement. (d) The Licensee shall cease to have any of the licenses, agreement, certificates, concessions, permits, rights or privileges required for the conduct of its business and operations which loss is not remedied by the obtaining of a replacement license, agreement, certificate, concession, permit, right or privilege within sixty (60) days of the loss thereof, if such loss would have a material adverse effect upon the ability of the Licensee to perform its obligations or enjoy its rights hereunder. (e) Licensee shall admit in writing an inability to pay its debts as such debts become due or Licensee shall (1) apply for or consent to the appointment of, or the taking of possession by, a receiver, administrator, custodian, trustee or liquidator of itself or of all or a substantial part of its property or assets, (2) make a general assignment for the benefit of its creditors, (3) commence a voluntary case under the U.S. Bankruptcy Code, (4) file a petition or otherwise commence a proceeding under any bankruptcy, insolvency reorganization winding-up, or composition or readjustment of debts or similar law, (5) fail to controvert in a timely and appropriate manner, or acquiesce in writing to, any petition filed against it in an involuntary case under the U.S. Bankruptcy Code, or (6) take any action for the purpose of effecting any of the foregoing; or a proceeding or case shall be commenced, without the application or consent of Licensee, in any court of competent jurisdiction, seeking (1) its liquidation, reorganization, dissolution or winding-up, or the composition or readjustment of its debts, (2) the appointment of a trustee, receiver, administrator, custodian, liquidator or the like of Licensee or of all or any substantial part of its assets, or (3) similar relief in respect of any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or readjustment of debts, which proceeding is not dismissed within ninety (90) days thereafter. Study Session Meeting of December 14, 2015 (Item No. 13) Page 25 Title: Fiber Lease Agreements 18. Rights Upon Default. (a) Upon the occurrence of a default by Licensee, the City may forthwith terminate this Agreement or any particular Route Segment by thirty (30) days written notice to Licensee. The right of the City to terminate a specific Route Segment or this Agreement shall be in addition to, and not in substitution for, any other rights that the City may have at law or equity as a result of a default by Licensee. (b) Upon the occurrence of a default by the City, Licensee shall be entitled to terminate this Agreement or any particular Route Segment by thirty (30) days written notice to the City. Unless otherwise explicitly set forth in this Agreement, this shall constitute Licensee's sole remedy for the City's default. 19. Remedies. Upon the occurrence and during the continuance of any event of default, the non- defaulting party may, at its option, declare this Agreement to be in default and may, in addition to any other remedies provided herein, terminate this Agreement. No remedy is intended to be exclusive, but each shall be cumulative and in addition to and may be exercised concurrently with any other remedy available to City or Licensee at law or in equity. 20. Termination. (a) Licensee's Liability for Early Termination. If Licensee terminates this Agreement as to all or any Licensed Fibers for any reason, the Licensee shall pay to the City as liquidated damages for early termination, one hundred fifty percent (150%) of the applicable annual License Fees for the applicable Licensed Fibers for the year in which Licensee terminates ("Termination Fee"). All License Fees previously paid to the City shall be retained by the City. (b) Removal of Licensee's Equipment. Upon termination of this Agreement for any reason, Licensee shall remove all of Licensee's Equipment within ninety (90) days of the notice provided pursuant to Section 20 of this Agreement or within 90 days of the end of the Term, whichever occurs first. In the event Licensee does not remove said Equipment within the applicable timeframe, Licensee hereby authorizes the City to immediately remove and dispose of all Equipment, and the City shall not be liable to Licensee for any costs or reimbursements associated with the Equipment. 21. Force Majeure Events. Neither party shall be liable to the other for any failure of performance under this Agreement due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over such party, or of any department, agency, commission, bureau, corporation or other instrumentality of any one or more of these federal, state or local governments, or of any civil or military authority; national emergencies; insurrections; riots; wars; permitting authorities, pole or right-of-way owners; or strikes, lock outs, work stoppages or other labor difficulties (collectively, "FORCE MAJEURE EVENTS"). 22. Rights and Obligations of Licensee. In addition to the rights and obligations of Licensee set forth elsewhere in this Agreement, Licensee shall: (a) have full and complete control, responsibility and liability for the signals distributed over the fiber optic components of the Licensed Fibers licensed by Licensee or for its benefit; (b) have full and complete control, responsibility and liability for the purchase, installation, construction and maintenance of the Licensee's Equipment; Study Session Meeting of December 14, 2015 (Item No. 13) Page 26 Title: Fiber Lease Agreements (c) have full and complete control, responsibility and liability for obtaining and maintaining any operating authority from any federal, state or local governmental body or agency that relates to the activities of Licensee under this Agreement, including Licensee's license of channel capacity on the Licensed Fibers. 23. Access and Security. (a) The City agrees to allow Licensee direct ingress and egress to the City’s property at such times as may be required for Licensee to perform any appropriate testing, maintenance and repair on Licensee’s Equipment. The City may require that a representative of the City accompany any representatives of Licensee on such visits to the City property. Employees and agents of Licensee or of a Licensee designee shall, while on the property of the City, comply with all rules and regulations including, without limitation, security/safety requirements and, where required by government regulations, receipt of satisfactory governmental clearances. The City shall have the right to notify Licensee that certain Licensee or Licensee designated employees are excluded if, in the reasonable judgment of the City, the exclusion of such employees is necessary for the proper security and maintenance of the City's facilities. (b) Notwithstanding the provisions of this Section, each party acknowledges that the operational efficiency of the other depends on the continuous availability of its trained personnel and, accordingly, both parties will act cooperatively to resolve any situations which may arise that threaten the security, operations or maintenance of either party's facilities prior to excluding any personnel. 23. Assignment. Licensee may not assign, transfer, delegate or in any other manner dispose of, any of its rights, privileges or obligations under this Agreement without the express written consent of City. 24. Forum for Litigation. In the event that litigation is required in order to resolve any dispute or disagreement connected with this Agreement, it is agreed by and between the parties hereto that venue and jurisdiction for any such litigation shall be in Hennepin County, Minnesota. Unless otherwise provided by law, any and all litigation between the parties hereto arising out of this Agreement shall be instituted and maintained in a court of competent jurisdiction in Hennepin County, Minnesota. Any cause of action arising by virtue of the laws of the United States shall be instituted in a court of competent jurisdiction in the State of Minnesota. 25. Miscellaneous. (a) Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one complete set of such counterparts. (b) Captions; Gender. Article and section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. Whenever used herein the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. (c) Governing Law and Binding Effect. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Minnesota. This Agreement shall bind and inure to the benefit of each of the parties and their successors and permitted assigns. Study Session Meeting of December 14, 2015 (Item No. 13) Page 27 Title: Fiber Lease Agreements (d) Waivers and Amendments. This Agreement may not be amended nor shall any waiver, change, modification, consent or discharge be effected, except by an instrument in writing adopted, in the case of an amendment, by each party and, in the case of a waiver, consent or discharge, by the party against whom enforcement of such instrument is sought. Any consent by either party to, or waiver of, a breach by the other party shall not constitute a waiver or consent to any subsequent or different breach. If either party shall fail to enforce a breach of this Agreement by the other party, such failure to enforce shall not be considered a consent to or a waiver of said breach or any subsequent breach for any purpose whatsoever. (e) Relationship Not a Partnership or an Agency. The relationship between Licensee and City shall not be that of partners or agents for one another and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or agency agreement between them. (f) Notices. All notices, requests, demands, statements, reports and other communications under this Agreement shall be in writing and deemed to be duly delivered, if delivered in person, by overnight courier or by certified or registered mail: If to City: City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Attn: , Chief Information Officer With a copy to: St. Louis Park City Attorney Campbell Knutson, PA Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 If to Licensee: With a copy to: Their Attorney Either party hereto may change its mailing address by giving notice to the other pursuant to the provisions of this paragraph. (g) Disclaimers. There are no agreements, warranties or representations, express or implied either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose or use, except those expressly set forth herein. (h) Entire Agreement. This Agreement, including the exhibits, schedules and annexes hereto, which are hereby incorporated by reference and made a part of this Agreement as if they were fully set forth herein, constitutes the entire agreement between City and Licensee with respect to the subject matter hereof and supersedes all prior agreements and understandings between Study Session Meeting of December 14, 2015 (Item No. 13) Page 28 Title: Fiber Lease Agreements them as to such subject matter, and there are no restrictions, agreements, arrangements or undertaking, oral or written, between City and Licensee relating to the transactions contemplated hereby which are not fully expressed or referred to herein. (i) Severability. If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. Study Session Meeting of December 14, 2015 (Item No. 13) Page 29 Title: Fiber Lease Agreements IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed this Agreement on the dates indicated below. CITY OF ST. LOUIS PARK Dated: BY: Name: ___________________________ Title: Mayor Dated: BY: Name: Melissa Kennedy Title: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________________, by _________________ and by Melissa Kennedy, the Mayor and City Clerk, respectively, of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public Study Session Meeting of December 14, 2015 (Item No. 13) Page 30 Title: Fiber Lease Agreements LICENSEE: Dated: BY: Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ________________, by __________________________, the _______________________, of ___________________________, a __________________________________, on behalf of __________________________________. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF ST. LOUIS PARK 5005 Minnetonka Boulevard St. Louis Park, MN 55416 Telephone: (952) 924-2500 Study Session Meeting of December 14, 2015 (Item No. 13) Page 31 Title: Fiber Lease Agreements EXHIBIT A Designation of Licensed Route Segments, Splice Vaults, and Licensed Fiber Stands Study Session Meeting of December 14, 2015 (Item No. 13) Page 32 Title: Fiber Lease Agreements EXHIBIT B City Network Fiber Acceptance Testing Procedures and Standards The intent of this Exhibit is to identify the fiber acceptances testing procedures and standards used within the City Network. Deviations from these specifications may occur if City acquires a portion of the City Network from a third party pursuant to the Agreement. 1. All splices shall be fusion spliced. Mechanical splices are only allowed during temporary restoration and will be replaced within three (3) business days, with fusion splices. 2. Fibers shall be terminated with _________ connectors (typical return loss of 0.50 dB). 3. After end-to-end connectivity on the fibers has been completed, bi-directional OTDR span and power meter testing will be completed. City shall perform tests after the fiber cable is installed and the splicing enclosures have been completed and are in their final resting configuration with the cable vault or hand hole covers closed. This ensures that no micro or macro bending problems with the cable or fiber strands will contribute to the loss/attenuation measurements. 4. Power meter tests shall be completed to verify and insure that no fibers have been crossed at any of the splice points within the network. City shall test and record power level readings on all fiber strands in both directions of transmission (bi-directionally) using the 1310 & 1550 nm wavelengths. 5. All OTDR and power meter tests shall be completed as follows: a. All OTDR traces shall be taken from both ends of a section (between adjacent Locations) and recorded using the 1310 & 1550 nm wavelength. Loss/attenuation measurements for each splice point from both directions shall be taken and recorded. b. The end-to-end loss value as measured with an industry-accepted laser source and power meter should have an attenuation rating of less than or equal to the following: i. At 1310 nm: (0.35 dB/km x km of cable) +(number of connectors x 0.50) + (0.05 x number of splices). ii. At 1550 nm: (0.25 dB/km x km of cable)+ (number of connectors x 0.50) + (0.05 x number of splices). c. City's loss/attenuation objective for each fiber optic splice is 0.05 dB when measured in one direction with an OTDR test set (excluding connector loss, which is typically 0.50 dB per mated connector pair). If after three attempts this parameter is not met, the splice will be marked as Out-Of-Spec (OOS) and the splice will remain provided the average loss/attenuation value of all splices on an individual fiber basis shall not exceed 0.10 dB for the entire ring or subsystem. d. For bi-directional OTDR testing, the distance from Location "A" and Location "Z" shall be recorded for each splice point. The loss/attenuation at each splice point shall be recorded at both wavelengths (1310 nm & 1550 nm) in each direction. City shall then average the two readings to obtain the final average splice loss/attenuation for each splice point of each fiber strand within the fiber optic cable. e. Each fiber strand color must be recorded along with its buffer tube color or the ribbon color. The laser source transmit power level using the 1310 & 1550 nm wavelengths will always be recorded together with the receive power level reading at the receiving end of the test. 6. OTDR traces will be taken and splice loss measurements recorded. City will store OTDR traces on electronic media.· Loss measurements will be recorded using an industry accepted laser source and a power meter. Copies of all data sheets and tables and one set of diskettes with all traces will be available to Licensee. 7. Following emergency restoral, City personnel shall perform span test documenting end to end attenuation measurement of each fiber and will be completed in both directions at 1310 & 1550 nm wavelengths. Upon permanent repair, new splice loss readings should be approximately the original splice loss specifications. Study Session Meeting of December 14, 2015 (Item No. 13) Page 33 Title: Fiber Lease Agreements EXHIBIT C City Fiber Building and Location on the Fiber Equipment Rack (if applicable) Study Session Meeting of December 14, 2015 (Item No. 13) Page 34 Title: Fiber Lease Agreements EXHIBIT D Maintenance Specifications 1. Notice. City shall provide Licensee with telephone, facsimile, or written notice of all non-emergency planned network maintenance no later than seven (7) business days prior to performing maintenance that, in its reasonable opinion, has a substantial likelihood of affecting Licensee's traffic. If City's planned activity is canceled or delayed, City shall promptly notify Licensee and shall comply with the provisions of the previous sentence to reschedule any delayed activity. 2. Standard of Care; Cooperation. In performing its services hereunder, City shall take workmanlike care and make commercially reasonable efforts to prevent impairment to the signal continuity and performance of the Licensed Fibers. In addition, City shall reasonably cooperate with Licensee in sharing information and analyzing the disturbances regarding the cable and/or fiber facilities. 3. Licensee's Equipment. Nothing contained herein shall make City responsible for the Licensee's Equipment. 4. Escalation List. City shall, at Licensee's request, provide Licensee an operations escalation list for use in reporting and seeking redress of exceptions noted in City's performance of routine maintenance and non-routine maintenance.