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Home My WebLink About2014/05/19 - ADMIN - Agenda Packets - City Council - Regular 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. AGENDA MAY 19, 2014 (Mayor Jacobs Out) 6:00 p.m. SOUTHWEST LRT OPEN HOUSE – 3rd Floor Lobby 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. SLP Parktacular Ambassador Introduction & Recap of Year 2b. Retirement Recognition Resolution for Firefighter Phil Robinson 3. Approval of Minutes 3a. Study Session Minutes April 28, 2014 3b. Special Study Session Minutes May 5, 2014 3c. City Council Meeting Minutes May 5, 2014 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5. Boards and Commissions -- None 6. Public Hearings 6a. Public Hearing for Southwest LRT Municipal Consent Plans Recommended Action: Mayor to open the public hearing, receive comments and close the hearing. No formal action at this time. 7. Requests, Petitions, and Communications from the Public -- None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Approve Community Center Project – Schematic Design Recommended Action: Motion to approve entering into contracts not to exceed $400,000 for the schematic design of a potential Community Center. 9. Communications -- None Meeting of May 19, 2014 City Council Agenda CONSENT CALENDAR 4a. Designate Valley Paving Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $3,115,051.04 for the 2014 Local Street Rehabilitation Project (Area 2) - Project No. 2013-1000. 4b. Designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $683,050.21 for the 2014 MSA Street Rehab (Pennsylvania Avenue) Project - Project #2016-1100. 4c. Approve the Amendment to the Bassett Creek Watershed Management Commission Joint Powers Agreement. 4d. Adopt Resolution to recognize Firefighter Phil Robinson for his 27 years of service to the City of St. Louis Park. 4e. Approve a three month extension for the Conditional Use Permit (CUP) and Variance for Auto Motion (Resolution No. 11-133-1) for renovations to the existing motor vehicle service station and construction of a new carwash. 4f. Adopt Resolution authorizing the submission of a grant application to the Metropolitan Council Livable Communities Transit Oriented Development Program for pre- development activities for PLACE. 4g. Approve premises amendment to the on sale brewer’s Taproom liquor license for Steel Toe Brewing, LLC, located at 4848 35th Street West. 4h. Adopt Resolution accepting the project report, establishing Improvement Project No. 4014-3000, approving plans and specifications and authorizing invitation for bids for Improvement Project No. 4014-3000. 4i. Adopt Resolutions approving the: • Cooperative Construction Agreement • Trunk Highway 7 Detour Agreement • Traffic Control Signal Agreement w/ MnDOT for reconstruction of Trunk Highway 100. 4j. Accept for filing Telecommunications Minutes December 11, 2013 4k. Accept for filing Environment and Sustainability Commission Minutes April 2, 2014 4l. Accept for filing Planning Commission Minutes April 23, 2014 St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: City Council Meeting Date: May 19, 2014 Presentation: 2a EXECUTIVE SUMMARY TTLE: St. Louis Park Parktacular Ambassadors Introduction & Recap of Year RECOMMENDED ACTION: None POLICY CONSIDERATION: None at this time. SUMMARY: The 2013-2014 St. Louis Park Parktacular Ambassadors will be in attendance to introduce themselves to City Council. They will share information about their year as Ambassadors and some things they have learned from representing their community. St. Louis Park Parktacular Ambassadors visit communities in the Twin Cities area and western Wisconsin. Besides representing the festival, they promote the City of St. Louis Park and the excellent schools. As an inclusive program, St. Louis Park is one of two communities (Hopkins being the other) who have representation from children, young adults, and seniors. Parktacular is the only program that has consistently had young men representing the City, as well as racial and ethnic diversity. Many other communities admire how we are so successful in getting a cross- section of the citizens of our city to represent our own community. SLP Parktacular Ambassadors are public servants and promote St. Louis Park as a place where all ages, religions, and ethnicities can live, learn, and participate in a strong community, which is well represented by the Parktacular Festival. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: May 19, 2014 Presentation: 2b EXECUTIVE SUMMARY TITLE: Retirement Recognition Resolution for Firefighter Phil Robinson RECOMMENDED ACTION: Read resolution and present plaque to Phil Robinson for over 27 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None at this time. SUMMARY: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager and City Council. Firefighter Phil Robinson will be in attendance for the presentation at the beginning of the meeting. The Mayor Pro Tem is asked to read the resolution and present Phil with a plaque in recognition of his years of service to the City. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of May 19, 2014 (Item No. 2b) Page 2 Title: Retirement Recognition Resolution for Firefighter Phil Robinson RESOLUTION NO. 14-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO FIREFIGHTER PHIL ROBINSON WHEREAS, Firefighter Robinson began his employment with the City of St. Louis Park more than 27 years ago on November 24, 1986; and WHEREAS, Firefighter Robinson will be retiring as the most senior firefighter on the department and is known to be dedicated and thorough in his work, for his ability to be level headed, and for having a calming effect on calls; and WHEREAS, Firefighter Robinson proudly served seven years as a Naval Aviator Lieutenant with the United States Navy; and WHEREAS, Firefighter Robinson provided his expertise in technical rope rescue training to the department and mentored Paid-on-Call Firefighters; and WHEREAS, Firefighter Robinson is known for running marathons and open water swimming competitions, including the Lake Superior Point to LaPointe Swim; and WHEREAS, Firefighter Robinson will focus his time after retiring from the Fire Department with his wife Jennie, daughters Beth and Sarah, son-in-law Tim and granddaughter Rowyn and will also be a swimming and life guard instructor; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Firefighter Phil Robinson for his great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Pro Tem Attest: City Clerk Meeting: City Council Meeting Date: May 19, 2014 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA APRIL 28, 2014 The meeting convened at 6:43 p.m. Councilmembers present: Mayor Pro Tem Susan Sanger, Tim Brausen, Steve Hallfin, Gregg Lindberg, and Jake Spano. Councilmembers absent: Mayor Jeff Jacobs and Anne Mavity. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Director of Operations and Recreation (Ms. Walsh), Director of Engineering (Ms. Heiser), Planning/Zoning Supervisor (Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), Controller (Mr. Swanson), Recreation Superintendent (Mr. West), Rec Center Manager (Mr. Eisold), and Recording Secretary (Ms. Hughes). Guests: Lisa Greene (Community Education Director/Staff Liaison for CEAC), Nick Jacobs (CEAC member), Cailey Hanson-Mahoney (CEAC Youth Member), Jim Beneke (Parks and Recreation Advisory Commission Chair), and Victor Pechaty (Hammel, Green and Abrahamson). 1. Future Study Session Agenda Planning – May 5 and May 12, 2014 Mr. Harmening presented the proposed special study session agenda for May 5th and the proposed study session agenda for May 12th. Councilmember Spano suggested having Linda Trummer from the Meadowbrook Collaborative meet with Council to talk about the work of the Collaborative. Mayor Pro Tem Sanger suggested that Council schedule a bike ride and/or canoe ride. 2. Community Education Advisory Council (CEAC) Mayor Pro Tem Sanger introduced Ms. Lisa Greene, Community Education Director and Staff Liaison for CEAC. Ms. Greene introduced Mr. Nick Jacobs, CEAC Secretary, and Ms. Cailey Hanson-Mahoney, CEAC Youth Member. Mr. Jacobs advised that CEAC members attended a facilitator retreat in August 2011 and one of the primary offshoots of the retreat was the idea of having conversations rather than lectures or presentations. Ms. Hanson-Mahoney advised that a youth retreat with Youth Development Committee members was held to learn more about what youth members think about community education and ways they relate to the community. City Council Meeting of May 19, 2014 (Item No. 3a) Page 2 Title: Study Session Minutes of April 28, 2014 Mr. Jacobs stated that CEAC is interested in partnering with other groups in the community to reduce redundancy and make programming more effective and reported that a joint meeting with the Human Rights Commission is scheduled for May 20th to discuss ideas for working together. He added that CEAC is also hoping to work with the newly created Environment & Sustainability Commission. Ms. Greene referenced the 2012-2013 annual report and presented the current community education catalogs as well as a card recently created as a marketing tool to increase membership and awareness of CEAC. Councilmember Hallfin stated that Council has been discussing a potential community center project and asked how a community center project fits into CEAC’s planning. Ms. Greene indicated that she reported to the Senior Advisory Council about a potential community center and some of the seniors expressed concern that a community center would displace the Lenox Center, adding that she felt the City would still need the Lenox Center. Mayor Pro Tem Sanger requested comment about what CEAC sees as emerging trends in community education. Ms. Greene stated that one area of focus is retiring baby boomers and how to attract and engage this demographic and another significant area is early childhood education and early learning. Mayor Pro Tem Sanger thanked Ms. Greene, Mr. Jacobs, and Ms. Hanson-Mahoney for their report. 3. Parks & Recreation Advisory Commission 2013 Annual Report and 2014 Work Plan Ms. Walsh presented the staff report and introduced Mr. Jim Beneke, Chair of the Parks and Recreation Advisory Commission. Mr. Beneke presented the Parks and Recreation Advisory Commission’s 2013 Annual Report and 2014 Goals and stated that the Commission still needs a student representative. He advised that the Commission has agreed that the City’s parks need to be reviewed to ensure compliance with the Americans with Disabilities Act and the City has budgeted funds for this project over the next several years. Ms. Walsh advised that the City recently finished an inspection of all its facilities that resulted in a few minor things that need to be completed as the park areas are redeveloped. Mr. Beneke stated the Commission reviewed the trail and sidewalk plan with particular attention paid to the Highway 100 project to ensure adequate trails are included in the project. He stated the Commission reviewed the landscaping and trail work as part of the remeandering of Minnehaha Creek and the Commission hosts the annual creek cleanup that is scheduled for May 3rd. He stated the Commission continues to review the potential community center project and is hopeful that the project continues to move forward. He stated the Commission’s 2014 goals include ADA compliance, continuing to foster improved community group relationships, assisting and facilitating other parks and recreation users, continued involvement in the potential community center project, continuing to take a role in environmental stewardship, and supporting other City initiatives such as Connect the Park and Health in the Park. City Council Meeting of May 19, 2014 (Item No. 3a) Page 3 Title: Study Session Minutes of April 28, 2014 Councilmember Hallfin suggested that the Parks and Recreation Advisory Commission meet with the Planning Commission to talk about items of mutual interest. Councilmember Spano requested further information about how the Commission is making sure that new immigrant communities are being included in programming. Ms. Walsh reported that a meeting has been scheduled on Wednesday, May 21st, at 4:00 p.m. to talk about how to connect with underserved kids throughout the community. Mayor Pro Tem Sanger asked if the Commission has talked about how to increase awareness of the remeander project of Minnehaha Creek and the development of trails in this area. She also urged the Commission to consider what can be done to further the idea of making the entire creek a regional resource. Ms. Walsh stated the Commission has not specifically talked about the project and agreed to bring this item to the Commission for discussion. Councilmember Lindberg stated this was also a good question for Three Rivers to consider and represented a great opportunity for Three Rivers to look at greater connections regionally. Mayor Pro Tem Sanger thanked Mr. Beneke for his report. 4. Update on Community Center Project Ms. Walsh presented the staff report and introduced Mr. Victor Pechaty from Hammel, Green and Abrahamson, Inc. She explained that the building could be done in three phases with the first phase comprised of the wellness/fitness component including gymnasiums, workout areas, and a walking track as well as the first phase of the parking ramp. She indicated that phase 2 and phase 3 are interchangeable phases, however, the second phase of parking would need to be completed during either one of these phases. She stated the cost for completing phase 1 is approximately $30 million, the cost for completing phase 2 is approximately $9.7 million, with $4.7 million representing the cost of the second phase of parking, and the cost for completing phase 3 is approximately $10.4 million. She reviewed next steps and stated that a schematic design process would include renderings of what the building would look like and the estimated cost to enter into the schematic design phase is $300,000-$400,000. Councilmember Hallfin stated he preferred to hold off on the schematic design process until the City has more concrete answers related to the Southwest LRT project. Councilmember Spano stated he did not yet have a level of comfort with respect to the City’s potential investment in Southwest LRT and did not want to spend money at this time on schematic design for a community center facility. Mr. Pechaty explained that schematic design represents the first phase of a project and is reflected as 15% of the overall cost of a project. He stated the fees for a project are measured by the construction cost, i.e., typically 6-8% of construction, so they took the estimated construction cost for the building and applied a 7% proposed fee, or 15% schematic design cost. He added that the proposed schematic design process would include all three phases of the project. City Council Meeting of May 19, 2014 (Item No. 3a) Page 4 Title: Study Session Minutes of April 28, 2014 Councilmember Lindberg stated he did not want to push this project too far down the road and wanted to see the project built, adding he recognized the significant cost of the project but felt that the City has demonstrated the need for a community center. He agreed that the City should also take a little more time to figure out its costs associated with Southwest LRT before embarking on a community center project. Mayor Pro Tem Sanger stated she did not want to kick this project down the road at all, adding that she felt the City was always going to be in the position of having future capital costs without all the details, whether related to Southwest LRT or some other project and it was her preference to enter the schematic design process. She stated the longer this project is delayed, the more costs will go up and the City should take advantage of current low interest rates, adding that when projects are done in phases, it tends to cost more versus doing the project all at one time. Councilmember Spano pointed out that the City would need to budget approximately $625,000 per year to operate the facility above and beyond the capital costs. Mayor Pro Tem Sanger asked how long Council was willing to delay the community center project and stated it may be a year or two before the City has answers regarding Southwest LRT. Councilmember Brausen stated he was in favor of entering the schematic design phase and forestalling the final decision on whether to build a community center, adding that the cost of delaying the project could easily eat up the amount required for the schematic design phase. Mr. Harmening advised that the funding approach to the Southwest LRT improvements could include GO bonds, use of TIF, and possible partnerships with other organizations, e.g., Park Nicollet, and the funding approach for a community center would involve issuing GO bonds. He pointed out that the City has s tarted to build levy capacity for operating costs or capital improvements to help defray future operating costs. Mr. Swanson advised that the City has approximately $650,000 in the Capital Replacement Fund that is slated for bonding needs or operating costs. Councilmembers Hallfin and Spano reiterated that they were not prepared to spend money on this project at this time given the anticipated costs related to Southwest LRT. Mayor Pro Tem Sanger and Councilmembers Brausen and Lindberg stated that they were prepared to spend money on the schematic design phase at this time. It was the consensus of the City Council to have a further study session discussion regarding this item after the City Council meeting on May 5th. 5. Southwest LRT Preliminary Design Plans Mr. Locke presented the staff report and municipal consent plan summary table. He advised that since the last Council meeting, new plans were issued for the Kenilworth north tunnel portion resulting in a shift of the deadline for municipal consent to July 14th. He stated that Council can still go forward with its public hearing on May 19th but may wish to take a little more time before considering the resolution for municipal consent given the deadline extension, which would provide the City with additional time to continue working with the SPO to resolve issues and City Council Meeting of May 19, 2014 (Item No. 3a) Page 5 Title: Study Session Minutes of April 28, 2014 make modifications to the plans. He distributed a draft table identifying changes the City wants to see in the Louisiana Avenue and Wooddale station plans and noted that the table outlining changes to the Beltline station will be presented to Council at its next meeting. He stated the Louisiana Avenue station location is currently shown in the base plans near Oxford and the City has suggested moving the platform to a location near Methodist Hospital and this would cost an additional $18-23 million. He indicated that staff has further reviewed the station locations and determined that the south location is probably 500’ to 1,000’ closer to Methodist than the Oxford location. If the Oxford location is ultimately the location for the platform, it would be important to focus on securing a good pedestrian connection from Oxford to Methodist. Councilmembers Lindberg and Hallfin agreed. Ms. Heiser discussed the proposed 20’ retaining wall at the tight curve connecting Oxford St. to Edgewood Avenue needed to accommodate the freight rail connection to MNS southbound. She stated that the City has commented that today this is a generously paved corner that makes it possible for semi-trailer trucks to make this turn. By reducing the pavement in this area, it does not meet the minimum turning radius needed for the trucks that use this area. Mayor Pro Tem Sanger indicated this should not be a local expense and if trucks cannot make the turn in this area, the SPO should pay for the necessary improvements to accommodate trucks. Mr. Locke reviewed the locally requested capital improvements for the Louisiana Avenue station and stated that if the Louisiana Station ended up with the station platform at Oxford, the SWLRT project would not be removing the south switching wye tracks, and the City has identified this as an important objective, something the City would want to do even if removal of the south switching wye tracks are not needed to accommodate the Louisiana station location. He then reviewed the Wooddale station plan changes and the improvements needed to the intersections and the kiss and ride locations. He stated the base plans currently show a kiss and ride on Yosemite and another on the south frontage road of Highway 7. He stated that the City has indicated to the SPO that they should eliminate the kiss and ride on the frontage road due to traffic concerns on Wooddale near the frontage road. He advised the City has suggested moving the Wooddale Station platform to the east closer to Yosemite in order to eliminate the temptation for people to stop on Wooddale and in order to get people closer to the Xenwood traffic signal on 36th. He stated that the City is also working with PLACE on the former McGarvey Coffee site, and staff believes the frontage road by McGarvey should be changed in order to maximize the amount of land consolidated into one site. A new access to the site and the south frontage road should be created by extending Xenwood under the trail/rail corridor to the frontage road. He stated that other locally requested capital investments include the trail/Wooddale grade separation and acknowledged it may be difficult to get the SPO to pay for this. It was the consensus of the City Council to direct staff to proceed with scheduling the public hearing with an open house on May 19, 2014. Mayor Pro Tem Sanger asked what other types of contingencies the City might attach to its municipal consent resolution. Mr. Harmening stated that the City Attorney’s privileged correspondence to Council addressed municipal consent and conditional consent and suggested that Council meet with the City City Council Meeting of May 19, 2014 (Item No. 3a) Page 6 Title: Study Session Minutes of April 28, 2014 Attorney to discuss the municipal consent resolution as well as possible agreements with the Met Council on outstanding issues. Councilmember Spano indicated that the Met Council made it clear that applying conditions to municipal consent would amount to not giving consent. He stated he wanted to make sure that the City reaches agreement on these items prior to municipal consent and urged Council to use the additional time created by the deadline extension to work through these issues before voting on municipal consent. Mayor Pro Tem Sanger requested that the City’s list include an agreement in writing from the Met Council that they will officially remove the MN&S reroute possibility from any further study or consideration, assuming the project goes forward with the shallow tunnel approach. Councilmember Spano stated that Met Council would have to obtain the City’s consent if they were to come back with a possible reroute. Mayor Pro Sanger stated that in theory, Met Council could go forward with the shallow tunnel and keep freight trains in the Kenilworth corridor and then three or four years from now, they could bring it up again, adding she would like to have an official declaration regarding this issue. Councilmember Lindberg stated this issue has been looming over the project and felt it was a critically important issue and agreed with Mayor Pro Tem Sanger. Councilmember Spano stated that Met Council does not have the legal authority to make the declaration requested by Mayor Pro Tem Sanger and he did not want to give the community a false sense of security about this issue. Council also discussed the meeting today with the Governor that was attended by Councilmember Spano and Mr. Harmening. Communications/Meeting Check-In (Verbal) Mr. Harmening advised that the Highway 7/Louisiana Avenue intersection shutdown will occur tomorrow night. He also advised that the recognition of Mr. Dennis Morris will take place at the May 5th Council meeting. The meeting adjourned at 9:24 p.m. Written Reports provided and documented for recording purposes only: 6. March 2014 Monthly Financial Report 7. First Quarter Investment Report (January – March 2014) 8. Nestlé (Novartis) Property Update 9. Dissolution of Minnesota Community Capital Fund (MCCF) 10. Cedar Trails Housing Improvement Area (HIA) - Disbursement of Remaining Funds 11. Update on Community Emergency Response Team (CERT) 12. Update on Outdoor Refrigerated Ice Study 13. Update on 2014/2015 Neighborhood Grants ______________________________________ ______________________________________ Nancy Stroth, City Clerk Susan Sanger, Mayor Pro Tem Meeting: City Council Meeting Date: May 19, 2014 Minutes: 3b UNOFFICIAL MINUTES CITY COUNCIL SPECIAL STUDY SESSION ST. LOUIS PARK, MINNESOTA MAY 5, 2014 The meeting convened at 6:23 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and Jake Spano. Councilmembers absent: Susan Sanger. Staff present: City Manager (Mr. Harmening), Director of Engineering (Ms. Heiser), Director of Community Development (Mr. Locke), Planning and Zoning Supervisor (Ms. McMonigal), Senior Engineering Project Manager (Mr. Sullivan), Housing Supervisor (Ms. Schnitker), Housing Programs Coordinator (Ms. Olson), Rec Center Manager (Mr. Eisold), Recreation Superintendent (Mr. West), Marketing and Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1. Southwest LRT Preliminary Design Plans – Continued Discussion Mr. Locke presented the staff report and the municipal consent plan summary table for the Beltline station area as well as information from the Transitional Station Area Action Plan (TSAAP) related to the Beltline station access and circulation. He explained that the table includes a list of changes needed to the SWLRT base plan including changes in the vehicle, bus and pedestrian circulation; treatment of CSAH 25 as a boulevard; adjustments in the location of the traffic signal proposed at Lynn Avenue to establish logical crossings of CSAH 25 that will support future redevelopment of the park and ride that integrates a parking structured into the project. The table notes that the base plan must indicate the intent to pursue joint development where the park & ride parking lot is shown in the current SWLRT plans. He stated the frontage road is currently the only way for Nordic Ware trucks to get in and out of this area and staff has suggested there needs to be a right in/right out in order to keep left turn movements from backing up traffic on Beltline. He discussed the other changes needed to the base plan as well as the locally requested capital improvements and stated that other projects not related to light rail but which are enhanced by the light rail project include the City’s work with the County on the redesign of CSAH 25 and the City’s interest in being involved in the planning of a joint development for the park and ride site as well as the County site. Councilmember Mavity reiterated her concern that this plan does not reflect the years of resident involvement in trying to make this a pedestrian oriented area and creating a safe and welcoming area and stated the City needs to make sure that the designs previously created by residents are reflected in the design. She added it was unclear to her how the Nordic Ware trucks have been accommodated in this design. Councilmember Hallfin stated it had always been his impression that the vacant lot owned by the County would house the park and ride but that is not indicated in this design. Mr. Locke indicated that the timing for building the parking lot would be toward the end of the Southwest LRT project and one of the challenges has been in getting the SPO to provide the City City Council Meeting of May 19, 2014 (Item No. 3b) Page 2 Title: Special Study Session Minutes of May 5, 2014 with some assurance that the parcel will be an FTA Joint Development project, incorporating a parking structure rather than a surface parking lot. The goal is to have a mixed-use development built at the site, with CSAH 25 transformed into a boulevard style roadway with sidewalks and landscaping. Councilmember Mavity asked about the City’s previous discussions with the SPO about the station itself and possibly having a bike bridge over the station. Mr. Locke stated that the SPO has not made any commitments related to a bike bridge over Beltline Blvd and the station or the joint development idea. Council continued its discussion regarding the traffic circulation issues in this area. Councilmember Mavity stated the City has had great expectations of what could be created in this area and she was not sure the proposed infrastructure allows for that to happen. Councilmember Spano stated the City could sell its site to a developer as a prime spot and build into that development the construction of a collaborative partnership with Metro Transit to build a structure before getting to the point where Met Council is ready for a parking lot. Mr. Locke agreed and stated the key will be to reach a clear understanding of a mutual goal and a commitment to pursue that goal prior to the time of the municipal consent vote. Mr. Harmening advised that Council will discuss the municipal consent process at its next study session with the City Attorney and that discussion will include the process for working through issues related to the Southwest LRT project as part of the municipal consent process. Mayor Jacobs recessed the Special Study Session at 7:16 p.m. in order to convene the EDA and City Council meetings. Mayor Jacobs reconvened the Special Study Session at 7:56 p.m 2. Update on Community Center Project Mr. Harmening presented the staff report. Mayor Jacobs stated he still has concerns about the price of a community center but felt that a community center could be done in phases rather than all at once. He stated that residents have indicated they want to see a community center built and felt it would be worthwhile to do some of the preliminary work at this time. Councilmember Mavity stated that residents have asked for a community center but was not sure if they realize the impact of the cost. She stated she had some hesitation given the number of financial demands on City resources over the next five years related to Southwest LRT. She indicated if it was the will of the Council to move forward, she could consent with caution because the City needs to make sure it has a better understanding of its obligations related to Southwest LRT. City Council Meeting of May 19, 2014 (Item No. 3b) Page 3 Title: Special Study Session Minutes of May 5, 2014 Councilmember Spano stated that he does not want to see a community center built in phases and if the decision is made to build a community center, he felt it should be done all at once, but he was not ready to invest money in the schematic design phase given the unknown financial commitments related to Southwest LRT. Councilmember Hallfin felt that with the amount of unknowns related to Southwest LRT and the potential commitment required of the City, he did not want to spend any money on a community center at this time. He added that the main reason Council pushed back on the community center was because the City wanted answers on Southwest LRT and he wanted those answers before doing anything on the community center project. Councilmember Lindberg felt that Council should move forward with the community center project and not delay it any further. He stated he felt it was worth the investment to keep moving forward into the schematic design phase. Councilmember Brausen felt that a community center represented an important community resource and was in support of moving forward into the schematic design phase. He acknowledged that $300,000-$400,000 was a lot of money for schematic design but pointed out the source of these funds is the Park Improvement Fund and not money for Southwest LRT and the schematic design would give Council the necessary information it needs to go back to the community to see if they support the project. Mr. Harmening explained that the schematic design phase would provide refined cost estimates for a community center and would also provide important information related to the soils. Councilmember Spano stated that if the schematic design process provides clarity in terms of the soil issues, along with architectural aesthetics and price, he was amenable to moving forward and then going back to the community with detailed information. It was the consensus of the City Council to continue to move forward with the project by entering into schematic design. 3. Review of City’s Housing Goals Ms. Schnitker presented the staff report and advised that the draft housing goals have been revised to include Council’s comments at its meeting on April 21st. She also distributed a copy of Councilmember Sanger’s comments. Affordable Housing Ms. Schnitker stated there was a suggestion that the first bullet in the earlier draft under the affordable housing section be moved to the top as a lead-in sentence that indicates the City is committed to promoting affordable housing options for low and moderate income households. She stated the third bullet has been revised pursuant to Council’s earlier discussion to indicate the City’s housing goals promote the inclusion of affordable housing opportunities in new developments located near the Southwest Light Rail Transit corridor and other transit nodes, retail and employment centers and commercial mixed use districts, adding that the term “promote” was not replaced with the term “require.” Mayor Jacobs stated he was okay with leaving the term “promote” and not “require.” City Council Meeting of May 19, 2014 (Item No. 3b) Page 4 Title: Special Study Session Minutes of May 5, 2014 Councilmember Brausen spoke in favor of the term “require” instead of “promote,” adding he would like to see some type of percentage requirements, e.g., 15%, to make sure the City continues to develop a mix of housing. He stated if the City does not require it, developers will not include affordable housing in their projects. Councilmember Mavity supported the term “require” instead of “promote” and stated if affordable housing does not work in a particular project, developers can provide money toward subsidizing another project. She added the City would need to make sure the buyout is significant enough that the City can use it to create affordable housing units someplace else. Mayor Jacobs urged Council to consider what impact that requirement might have on developers who want to build in the City and whether some developers would shy away from building in the City or whether developers would look to the City for increased financial assistance as a result of an affordable housing requirement. Mr. Harmening stated that requiring a developer to include affordable housing might be appropriate only for those projects where the developer is asking for assistance from the City. Councilmember Lindberg agreed there were some areas that should require affordable housing such as the transit areas, but did not think the policy should contain a blanket statement that the City requires affordable housing, adding he would like more concrete legal rationale before requiring affordable housing. Mayor Jacobs stated he was okay with using the term “promote” as a broad policy statement and felt that in certain instances, it should be required, e.g., next to transit nodes. Councilmember Mavity indicated the previous goals stated “promote and facilitate a mix of housing types, prices and rents that maintains a balance of affordable housing for low and moderate income households,” but no affordable housing units were added and stated if Council wants to change what is happening in the City, the housing policy needs to be reflected in a clearer way. Councilmember Spano stated his agreement with requiring affordable housing along Southwest LRT. He stated that requiring every residential building to have affordable housing represented a radical departure from what has been done in the past and would rather have the policy use the term “promote” and to direct staff to come back to Council with strategies for including affordable housing in new projects. After further discussion, it was the consensus of the City Council to direct staff to develop strategies that tie the idea of requiring affordable housing in projects where developers are requesting some type of financial assistance as well as to other specific locations, particularly transit nodes. It was also the consensus of the City Council to include an option where a developer could contribute to a fund if it was not practical to have affordable units as part of a particular project. Single Family Homes Ms. Schnitker reviewed the changes to this section of the policy. City Council Meeting of May 19, 2014 (Item No. 3b) Page 5 Title: Special Study Session Minutes of May 5, 2014 Councilmember Mavity suggested that the first bullet remove the word “large” when describing family sized, owner-occupied, single family housing. It was the consensus of the City Council to remove the word “large” from the first bullet under Single Family Homes. Multi-Family Ms. Schnitker stated this goal was created in response to Council’s desire to have a goal focused on multi family. Councilmember Hallfin indicated that multi family does not only mean high density and could mean medium density as well as high density. Councilmember Spano suggested that the sentence be revised to state the City is committed to promoting quality multi-family developments and not mention high density. It was the consensus of the City Council that no changes were required to the three bullets listed under Multi-Family. Affordable Housing It was the consensus of the City Council that no changes were required to the second bullet listed under Affordable Housing. Preservation, Safety and Sustainability It was the consensus of the City Council that no further changes were required to this section. The meeting adjourned at 9:08 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: May 19, 2014 Minutes: 3c UNOFFICIAL MINUTES CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA MAY 5, 2014 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jeff Jacobs, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, and Jake Spano. Councilmembers absent: Susan Sanger. Staff present: City Manager (Mr. Harmening), Director of Community Development (Mr. Locke), Planning/Zoning Supervisor (Ms. McMonigal), Associate Planner (Mr. Kelley), Marketing & Communications Coordinator (Mr. Zwilling), and Recording Secretary (Ms. Hughes). 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. Recognition of Planning Commissioner Dennis Morris Mayor Jacobs stated that Mr. Morris served on the Planning Commission for 20 years and his commitment to the Planning Commission has been exemplary. He presented a plaque to Mr. Morris in recognition of his dedicated service from 1993 to 2013 and expressed the City Council’s thanks and appreciation for his excellent service. Mr. Morris acknowledged the City’s exemplary staff, elected officials, and appointed officials who worked with him on the Planning Commission and stated he is most proud of the fact that St. Louis Park is a community of volunteers who care about their community and he is proud to be a part of that commitment. 2b. Communication of Donation Appreciation Mayor Jacobs expressed the City Council’s thanks to the St. Louis Park Community Foundation for the donation of $1,000 to be used for the installation of a memorial piece of the I-35W bridge at Fire Station #1 as a memorial to the victims and first responders. 3. Approval of Minutes 3a. Special Study Session Minutes April 7, 2014 The minutes were approved as presented. City Council Meeting of May 19, 2014 (Item No. 3c) Page 2 Title: City Council Meeting Minutes of May 5, 2014 3b. City Council Meeting Minutes April 7, 2014 Councilmember Hallfin requested that the first page of the minutes be revised to reflect that Mayor Pro Tem Sanger called the meeting to order in Mayor Jacobs’s absence. The minutes were approved as amended. 3c. Special Study Session Minutes April 21, 2014 The minutes were approved as presented. 3d. City Council Meeting Minutes April 21, 2014 The minutes were approved as presented. 4. Approval of Agenda and Items on Consent Calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approve the 2014/2015 Neighborhood Grants. 4b. Designate Allied Blacktop Company the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $222,695.98 for Street Maintenance Project (Sealcoat Streets - Area 6 – Project No. 4014-1206). 4c. Adopt Resolution No. 14-061 to disburse remaining Cedar Trails HIA Project Fund Balance of $16,092 to the Cedar Trails Association’s replacement reserve fund. 4d. Accept for filing Fire Civil Service Commission Minutes March 14, 2014. 4e. Adopt Resolution No. 14-062 accepting a $1,000 Grant from the St. Louis Park Community Foundation and Youth Development Fund. 4f. Adopt Resolution No. 14-063 approving the cooperative construction agreement with the Minnesota Department of Transportation (MnDOT) for the construction of a noise wall along the east side of Highway 169 between 14th and 16th Street West – Project No. 2015-0100. 4g. Accept for filing City Disbursement Claims for the period of March 29 through April 25, 2014. 4h. Accept for filing Planning Commission Minutes February 5, 2014. 4i. Accept for filing Environment and Sustainability Commission Minutes March 5, 2014. Mayor Jacobs requested that Council approve the appointment of Ms. Catherine Johnson to the Housing Authority under Agenda item #5 (Boards and Commissions). It was moved by Councilmember Lindberg, seconded by Councilmember Mavity, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Sanger absent). City Council Meeting of May 19, 2014 (Item No. 3c) Page 3 Title: City Council Meeting Minutes of May 5, 2014 5. Boards and Commissions 5a. Appointment of Representative to Housing Authority It was moved by Councilmember Mavity, seconded by Councilmember Spano, to appoint Catherine Johnson to the Housing Authority for a term expiring June 30, 2017. The motion passed 6-0 (Councilmember Sanger absent). 6. Public Hearings - None 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Conditional Use Permit – Aquila Elementary. Resolution No. 14-064. Mr. Kelley presented the staff report and stated that Council is being asked to consider three separate applications from the St. Louis Park School District related to a Conditional Use Permit for educational facilities with more than twenty students. He stated that each project exceeds the vehicle parking requirements including the proposed projects and each project exceeds the architectural materials requirements. He advised that the Aquila Elementary project includes the addition of three one-story classrooms on the southwest corner of the building as well as remodeling of two interior classrooms. He stated that landscaping will be installed on the site, three trees will be removed and 17 trees added; in addition, shrubs will be planted as well as a rain garden. He presented a drawing of the proposed addition and noted that the addition will match the existing architectural style of the school. He then introduced Ms. Sandy Salin from the St. Louis Park School District and Mr. Paul Aplikowski from Wold Architects. It was moved by Councilmember Lindberg, seconded by Councilmember Brausen, to adopt Resolution No. 14-064 Granting a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code Relating to Zoning to Permit an Educational (Academic) Facility with more than 20 Students for Property Zoned R-2 Single Family Residence District located at 8500 West 31st Street. The motion passed 6-0 (Councilmember Sanger absent). 8b. Major Amendment to Conditional Use Permit – Peter Hobart Elementary. Resolution No. 14-065. Mr. Kelley presented the staff report and explained that the Peter Hobart Elementary project includes a two-story addition to the northwest corner of the building, a new one- story Kindergarten classroom, and expansion of the cafeteria on the southeast corner of the building as well as remodeling of the loading dock area. He stated that landscaping will be provided, five trees will be removed and six trees planted, along with shrubs planted around the Kindergarten addition and cafeteria expansion. He added the project also includes the addition of a rain garden southeast of the cafeteria expansion. He then presented a drawing of the proposed additions and stated the project will match the architectural style of the existing building. City Council Meeting of May 19, 2014 (Item No. 3c) Page 4 Title: City Council Meeting Minutes of May 5, 2014 It was moved by Councilmember Mavity, seconded by Councilmember Spano, to adopt Resolution No. 14-065 Amending and Restating Resolution No. 13-119 Adopted on August 19, 2013, and Granting an Amendment to the Existing Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code Relating to Zoning to Allow Educational (Academic) Facilities with more than 20 Students at 6500 West 26th Street. The motion passed 6-0 (Councilmember Sanger absent). 8c. Conditional Use Permit – Susan Lindgren Elementary. Resolution No. 14-066. Mr. Kelley presented the staff report and explained that the Susan Lindgren Elementary project includes a two-story, two classroom addition to the northwest corner of the building as well as remodeling of the front entrance to provide more secure access into the school. He stated that one tree will be removed and one tree planted as part of the project. He pointed out that the Planning Commission asked that a condition be added addressing a landscaping concern along the western border of the school that was raised by a resident living adjacent to the school and stated that the School District has reached agreement with the resident and will remove existing trees and buckthorn in the area and develop some curriculum around replanting. He stated this site is 32 bike parking spaces short of meeting the City’s requirement and the School District has been working with the Safe Routes to School program on providing additional bike parking spaces. He stated that the school has shown proof of parking for these additional bike spaces in the same area as the existing parking. It was moved by Councilmember Mavity, seconded by Councilmember Lindberg, to adopt Resolution No. 14-066 Granting a Conditional Use Permit under Section 36-164 of the St. Louis Park Ordinance Code Relating to Zoning to Permit an Educational (Academic) Facility with more than 20 Students for Property Zoned R-2 Single Family Residence District located at 4801 West 41st Street. The motion passed 6-0 (Councilmember Sanger absent) 8d. Business Park Rezoning of Properties Near Hwy 7 & Louisiana Ave. S., Wooddale Ave. S., and Belt Line Blvd. Ordinance No. 2453-14. Ms. McMonigal presented the staff report and a map of the recommended zoning changes, stating that the properties proposed to be rezoned are centered around the Beltline and Louisiana Avenue station areas. She stated the Business Park zoning is intended to transition from heavy industrial uses to fit more with current market trends, allow more uses and density, and allow an increase in the number of jobs around the light rail station areas. She stated that during this transition, all existing uses can remain as long as they are in use and most of the existing uses are permitted under the Business Park zoning. She advised that since the First Reading in December 2013, staff has met with one of the major property owners to discuss further revisions to the Ordinance related to increasing some of the percentages for uses, to allow light assembly and warehouse/storage with conditions, as well as some minor language clarifications, adding that these revisions would require another public hearing at a later date. City Council Meeting of May 19, 2014 (Item No. 3c) Page 5 Title: City Council Meeting Minutes of May 5, 2014 Councilmember Mavity thanked staff for working with the property owners on this rezoning. She requested further information about the current work being done related to form-based codes and how this would impact these properties. Ms. McMonigal stated the Business Park zoning district is intended as an interim zoning district while the City plans for the light rail station areas and will eliminate expansion of heavy uses while still allowing these uses to continue. She stated that the City would continue to work on the form-based code and determine how that code will be applied in these areas. It was moved by Councilmember Mavity, seconded by Councilmember Spano, to approve Second Reading and Adopt Ordinance No. 2453-14 Amending the St. Louis Park Ordinance Code Changing Zoning Boundaries of 41 Industrial Properties Near Highway 7 and Louisiana Avenue S., Wooddale Ave. S., and Belt Line Blvd. to Business Park. The motion passed 6-0 (Councilmember Sanger absent). 9. Communications Mayor Jacobs thanked City staff for their efforts in organizing the recent housing renovation tour. He also thanked all the homeowners and contractors who participated in the tour. He reminded residents of the Special Election being held on Tuesday, May 13th, to fill the vacancy on the Hennepin County Board of Commissioners. He stated that residents may contact the League of Women Voters or the City Clerk with questions. 10. Adjournment The meeting adjourned at 7:53 p.m. ______________________________________ ______________________________________ Nancy Stroth, City Clerk Jeff Jacobs, Mayor Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Bid Tabulation: Local Street Rehab Project - Pavement Management Area 2 - Project No. 2013-1000 RECOMMENDED ACTION: Motion to designate Valley Paving Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $3,115,051.04 for the 2014 Local Street Rehabilitation Project (Area 2) - Project No. 2013-1000. POLICY CONSIDERATION: Does the City Council wish to continue to implement our pavement management program? SUMMARY: A total of three (3) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR BID AMOUNT Valley Paving, Inc. **$3,115,051.04 Park Construction Co. $3,204,091.90 Bituminous Roadways Inc. $3,405,482.20 Engineer’s Estimate $2,832,896.00 **Valley Paving original bid, after review, $3,115,051.04 is the accepted bid $3,091,035.04 A review of the bids indicates Valley Paving Inc. submitted the lowest bid. Valley Paving is a reputable contractor that has worked for the City before. Staff recommends that a contract be awarded to the firm in the amount of $3,115,051.04. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program with an estimated budget of $1,914,160. The April 17, 2014 Project Report indicated that original CIP estimate did not adequately address the deficiencies in the infrastructure, especially the watermain and estimated the construction cost to be approximately $2,435,000. Since that time additional project expenses have been added to the project including over 1700 feet of concrete sidewalk as part of the Connect the Park! initiative, fiber optic conduits and some additional work in the in the Police station south parking lot. Staff believes that even with the higher costs the project is necessary and justified. This project will be funded by the Pavement Management Fund, Sanitary Sewer Fund, Stormwater Utility Fund, Water Utility Fund, Capital Replacement Fund and by Connect the Park! funding sources. Additional funding details are provided in the Discussion section of the report. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Deb Heiser, Engineering Director, Brian Swanson, City Controller Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4a) Page 2 Title: Bid Tab: Local Street Rehab Project - Pavement Management Area 2 - Project No. 2013-1000 DISCUSSION BACKGROUND: Bids were received on May 12 , 2014 for the 2014 Local Street Rehabilitation Project – Area 2. The 2014 construction season will be the tenth year of implementing the City’s Pavement Management Program. This year’s work, Project No. 2013-1000, will be performed in Area 2 of the City’s eight pavement management areas. It includes work in the Browndale, Minikahda Vista, and Triangle Neighborhoods. Selection was based on street condition surveys and field evaluations to determine current conditions of the pavement, curb and gutter, and the city’s underground utilities. City staff worked together to select streets and to recommend appropriate rehabilitation techniques for inclusion in this year’s Pavement Management Projects. An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 17, 2014. In addition, plans and specifications are noticed on the City Website and are made available electronically via the internet by our vendor Quest CDN.com Email notification was provided to five minority associations and final printed plans were available for viewing at iSqFt and The Blue Book Building & Construction Network Planrooms and at City Hall. Forty contractors/vendors purchased plan sets with six Disadvantaged Business Enterprises (DBE) identifying themselves as subcontractors. Funding Details Staff has analyzed the bids and determined that Valley Paving is a qualified contractor that can complete this work during the 2014 construction season. The increase in approximately $600,000 from the Engineer’s Estimate can be attributed to two main factors; increase in project scope ($350,000) and rising unit prices for key commodities ($250,000). The original project scope was increased to include the following additional work in the pavement management area: • expand the City owned fiber optic network, • construction of the 41st Street and Morningside Sidewalk segments associated with the Connect the Park! plan, • the addition of sanitary sewer forcemain lining on Wooddale, and • pavement rehabilitation work in the police departments south parking lot. Staff recommendation on expanded scope of project: By doing this work in association with the street project, we will minimize impacts to property owners and the travelling public by doing it all in one construction season. Also by doing it all as a part of the same contract, we can achieve some economies of scale for pricing and minimize having to “redo” restoration work. The increase in unit prices is most prevalent in material costs for such items as asphalt and sewer pipe and for the labor costs associated with the installation of these items. Based on the low bid received, cost and funding details are revised as follows: Revenues Pavement Management Fund $1,665,551.44 Sanitary Sewer Fund $ 237,308.25 Storm Sewer Fund $ 138,364.50 Watermain Fund $ 719,478.10 Capital Replacement Fund (Fiber Optic) $ 67,900 Connect the Park! (Sidewalks) $ 164,468.75 City of Edina $ 112,000.00 Total $3,115,051.04 City Council Meeting of May 19, 2014 (Item No. 4a) Page 3 Title: Bid Tab: Local Street Rehab Project - Pavement Management Area 2 - Project No. 2013-1000 Edina has agreed to the reconstruction work that totals approximately $112,000. It is the policy of Edina to assess residents for street reconstruction work. The assessments that Edina will charge their residents range from $1,500 to $5,000. A joint powers agreement between the City of Edina and St. Louis Park was already approved. Construction Timeline: Construction is tentatively planned to begin in early June and should be completed by November. Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4b EXECUTIVE SUMMARY TITLE: Bid Tabulation: Street Project - MSA Street Rehab (Pennsylvania Ave.) - Project 2016-1100 RECOMMENDED ACTION: Motion to designate Valley Paving, Inc. the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $683,050.21 for the 2014 MSA Street Rehab (Pennsylvania Avenue) Project - Project #2016-1100. POLICY CONSIDERATION: Does the City Council wish to take the final step to allow this project to move forward? SUMMARY: A total of three (3) bids were received for this project. A summary of the bid results is as follows: CONTRACTOR Base Bid Alternate Total AMOUNT Valley Paving, Inc. $683,050.21 $45,900 $728,950.21 C. S. McCrossan Construction, Inc. $818,629.08 $45,000 $863,629.08 Bituminous Roadways, Inc. $969,947.25 $47,500 $1,017,447.25 Engineer’s Estimate $694,987.50 $32,530 $727,517.50 A review of the bids indicates Valley Paving, Inc. submitted the lowest bid. The bid alternate was conduit for future fiber. Since these bids were higher than expected, this is not being awarded with this project. Valley Paving is a reputable contractor that has successfully completed worked for the City before. Staff recommends that a contract be awarded to the firm in the amount of $683,050.21. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and included in the City’s adopted Capital Improvement Program (C.I.P.) with an estimated budget of $395,000. The March 2 Project Report indicated that the original CIP estimate did not adequately address certain infrastructure deficiencies. Due to the condition of the street, concrete curb, and the need to replace the watermain, a full depth rehabilitation is necessary. The updated estimate was $694,987.50. The funding will be provided by two sources, Municipal State Aid, for the street work and the Water Utility Fund for the watermain work. Based on the low bid, the contract cost is $683,050.21. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Prepared by: Joseph Shamla, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Jay Hall, Utilities Superintendent Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4b) Page 2 Title: Bid Tabulation: Street Project - MSA Street Rehab (Pennsylvania Ave.) - Project 2016-1100 DISCUSSION BACKGROUND: Bids were received on May 9, 2014 for the 2014 MSA Street Rehabilitation Project – Pennsylvania Avenue from Wayzata Boulevard to Franklin Avenue. The project includes installation of water main, curb and gutter replacement, and bituminous replacement. Pennsylvania Avenue is an MSA road. In order to use MSA funds to reconstruct the street, the new road must meet MSA standards. The selection of Pennsylvania Avenue was based on previous condition surveys of the streets and field evaluations to determine current conditions of the pavement, curb and gutter, and the city’s underground utilities. A team of staff members worked together to select streets and to recommend appropriate rehabilitation techniques for inclusion in this year’s Pavement Management Projects. The team included staff from Operations, Utilities, and Engineering. Pennsylvania Avenue will remain open to residents who live along Pennsylvania Avenue during construction. An advertisement for bids was published in the St. Louis Park Sun-Sailor on April 17, 2014. In addition, plans and specifications are noticed on the City Website and are made available electronically via the internet by our vendor Quest CDN.com. Email notification was provided to five minority associations and final printed plans were available for viewing at iSqFt and The Blue Book Building & Construction Network Planrooms and at City Hall. Twenty-five contractors/vendors purchased plan sets with two Disadvantaged Business Enterprises (DBE) identifying themselves as subcontractors. Financial Details Based on the low bid received, cost and funding details are revised as follows: Revenues Municipal State Aid Funds $453,785.20 Water Utility Fund $229,265.01 Total $683,050.21 Construction Timeline Construction is tentatively planned to begin early June and should be completed by October. Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4c EXECUTIVE SUMMARY TITLE: Approve Amendment to the Bassett Creek Water Management Commission Joint Powers Agreement RECOMMENDED ACTION: Motion to Approve the Amendment to the Bassett Creek Watershed Management Commission Joint Powers Agreement. POLICY CONSIDERATION: Does the City of St. Louis Park wish to continue to be a member of the Bassett Creek Watershed Management Commission? SUMMARY: The Bassett Creek Watershed Management Commission (BCWMC) was originally formed in 1968 for the purpose of allowing nine neighboring communities to jointly manage Bassett Creek, Medicine Lake, and the tributary drainage basins in each of the nine communities (Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth, Robbinsdale, and St. Louis Park). The mission of the BCWMC is to control flooding and to maintain and enhance the quality of the surface and ground water resources in the watershed. The BCWMC’s mission complements the St. Louis Park Strategic Directions regarding educating staff and public on environmental consciousness, stewardship and best practices. Every 1 0 years, the Joint Powers Agreement is presented for continuation. This agreement allows the Bassett Creek Watershed Management Commission to plan, control and provide for the deve1opment of Bassett Creek. This type of organization best serves the City because of direct representation on the commission. A copy of the joint powers agreement is on file in the City Manager's office. An amendment to the agreement is attached. FINANCIAL OR BUDGET CONSIDERATION: The cost of involvement with the Commission is budgeted annually and is funded by the Stormwater Utility. 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: Amendment to Agreement Prepared by: Phillip Elkin, Sr. Project Engineer Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4c) Title: Approve Amendment to the BCWMC Joint Powers Agreement Page 2 City Council Meeting of May 19, 2014 (Item No. 4c) Title: Approve Amendment to the BCWMC Joint Powers Agreement Page 3 City Council Meeting of May 19, 2014 (Item No. 4c) Title: Approve Amendment to the BCWMC Joint Powers Agreement Page 4 Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Retirement Recognition Resolution for Firefighter Phil Robinson RECOMMENDED ACTION: Motion to Adopt Resolution to recognize Firefighter Phil Robinson for his 27 years of service to the City of St. Louis Park. POLICY CONSIDERATION: None at this time. SUMMARY: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the Mayor, City Manager and City Council. This consent item will officially adopt the resolution that honors Phil for his years of service. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Ali Fosse, HR Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City Council Meeting of May 19, 2014 (Item No. 4d) Page 2 Title: Retirement Recognition Resolution for Firefighter Phil Robinson RESOLUTION NO. 14-___ RESOLUTION OF THE CITY COUNCIL OF ST. LOUIS PARK, MINNESOTA, RECOGNIZING THE CONTRIBUTIONS OF AND EXPRESSING APPRECIATION TO FIREFIGHTER PHIL ROBINSON WHEREAS, Firefighter Robinson began his employment with the City of St. Louis Park more than 27 years ago on November 24, 1986; and WHEREAS, Firefighter Robinson will be retiring as the most senior firefighter on the department and is known to be dedicated and thorough in his work, for his ability to be level headed, and for having a calming effect on calls; and WHEREAS, Firefighter Robinson proudly served seven years as a Naval Aviator Lieutenant with the United States Navy; and WHEREAS, Firefighter Robinson provided his expertise in technical rope rescue training to the department and mentored Paid-on-Call Firefighters; and WHEREAS, Firefighter Robinson is known for running marathons and open water swimming competitions, including the Lake Superior Point to LaPointe Swim; and WHEREAS, Firefighter Robinson will focus his time after retiring from the Fire Department with his wife Jennie, daughters Beth and Sarah, son-in-law Tim and granddaughter Rowyn and will also be a swimming and life guard instructor; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Firefighter Phil Robinson for his great contributions and 27 years of dedicated service to the City of St. Louis Park and wish him the best in his retirement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Pro Tem Attest: City Clerk Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Extension of Deadline for the Approved CUP and Variance for a Carwash at 3901/3921 Excelsior Blvd. RECOMMENDED ACTION: Motion to approve a three month extension for the Conditional Use Permit (CUP) and Variance for Auto Motion (Resolution No. 11-133-1) for renovations to the existing motor vehicle service station and construction of a new carwash. POLICY CONSIDERATION: Does the Council wish to extend the deadline for CUP and variance for construction of the changes to the service station and construction of the carwash? SUMMARY: Requested is a three month extension to the time limit for the approved CUP and variance for renovations to the existing motor vehicle service station and construction of a new carwash for the Auto Motion Service Station located at 3901/3921 Excelsior Blvd. The reason for the request is that financing was held up due to the criminal case the City filed against him for violations to the City Code. A settlement has been agreed to and accepted by the court, so that process is concluded, pending a one year probation period. The CUP and variance was originally approved by the City Council on December 5, 2011. The CUP and variance was approved with a two year deadline, which expired on January 1, 2014. The Council approved a five month extension on December 16, 2013 which expires on June 1, 2014. The requested three month extension would give the property owner until September 1, 2014 to obtain a building permit. The conditions surrounding the approval of the CUP and variance have not changed since they were approved on December 5, 2011 and therefore staff is recommending approval of the three month extension. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Letter from the Property Owner Site Plan Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4e) Title: Extension of Deadline for Approved CUP & Variance for Carwash at 3901/3921 Excelsior Blvd.Page 2 City Council Meeting of May 19, 2014 (Item No. 4e) Title: Extension of Deadline for Approved CUP & Variance for Carwash at 3901/3921 Excelsior Blvd.Page 3 City Council Meeting of May 19, 2014 (Item No. 4e) Title: Extension of Deadline for Approved CUP & Variance for Carwash at 3901/3921 Excelsior Blvd.Page 4 Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: Resolution Authorizing Submittal of Grant Application for PLACE Pre-Development Funds RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the submission of a grant application to the Metropolitan Council Livable Communities Transit Oriented Development Program for pre-development activities for PLACE. POLICY CONSIDERATION: Does the Council support the submission of a grant application to the Metropolitan Council Livable Communities Act-Transit Oriented Development (LCA- TOD) program to fund pre-development activities by PLACE for its proposed project at the site of the former McGarvey Coffee Plant? SUMMARY: The Metropolitan Council has made funding available for pre-development projects in Metropolitan Council identified Transit-Oriented Development (TOD) areas. This funding can be used for a variety of activities including design workshops, architectural work for site plans, stormwater management plans or the creation of TOD implementation zoning studies. The PLACE project concept was introduced to the Council November 25, 2013 where it received a favorable reception. At that time PLACE introduced the concept of a mixed-use, mixed-income development that incorporated a number of renewable energy sources, including an anaerobic digester. PLACE is now pursuing pre-development money to further develop the project concept. The principal activities of the LCA-TOD grant include: project design work, market studies, and project impact analyses. A resolution authorizing the grant application is attached. The resolution has been written to reflect the specific language required by the Metropolitan Council. Grant applications are due June 2, 2014 and require a resolution from the governing body of the city where the project is located, in support of the project. FINANCIAL OR BUDGET CONSIDERATION: The grant request is for the maximum amount of $100,000, which includes a 25% match. PLACE would be responsible for providing the required matching funds. 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. St. Louis Park is committed to providing a well-maintained and diverse housing stock. SUPPORTING DOCUMENTS: Resolution Prepared by: Ryan Kelley, Association Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4f) Page 2 Title: Resolution Authorizing Submittal of Grant Application for PLACE Pre-Development Funds RESOLUTION NO. 14-____ RESOLUTION AUTHORIZING AN APPLICATION TO THE METROPOLITAN COUNCIL TRANSIT ORIENTED DEVELOPMENT PRE-DEVELOPMENT ACCOUNT ON BEHALF OF PLACE WHEREAS, the City of St. Louis Park is a participant in the Metropolitan Livable Communities Act (“LCA”) Local Housing Incentives Program for 2014 as determined by the Metropolitan Council, and is therefore eligible to apply for LCA Livable Communities Demonstration Account Transit Oriented Development (collectively, “TOD”) funds; and WHEREAS, the City has identified a proposed TOD Project within the City that meets TOD purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS, the City has the institutional, managerial and financial capability to adequately mana ge an LCA TOD grant; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS, the City acknowledges TOD grants are intended to fund TOD Projects or TOD Project components that can serve as models, examples or prototypes for TOD development or redevelopment elsewhere in the region, and therefore represents that the proposed TOD Project or key components of the proposed TOD Project can be replicated in other metropolitan-area communities; and WHEREAS, only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities TOD initiative during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible TOD Projects that would not occur without the availabilit y of TOD grant funding. NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1. Finds that it is in the best interests of the City’s development goals and priorities to pursue the proposed TOD Project at this particular site and at this particular time. 2. Finds that the TOD Project component(s) for which Livable Communities TOD funding is sought: (a) will not occur solely through private or other public investment within the reasonably foreseeable future; and (b) will occur within the term of the grant award only if Liv able Communities TOD funding is made available for this TOD Project at this time. City Council Meeting of May 19, 2014 (Item No. 4f) Page 3 Title: Resolution Authorizing Submittal of Grant Application for PLACE Pre-Development Funds 3. Authorizes its City Staff to submit on behalf of the City an application for Metropolitan Council Livable Communities TOD grant funds for the TOD Project component(s) identified in the application, and to execute such agreements as may be necessary to implement the TOD Project on behalf of the City. Reviewed for Administration: Adopted by the City Council May 20, 2013 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4g EXECUTIVE SUMMARY TITLE: Liquor License Premises Amendment for Steel Toe Brewing RECOMMENDED ACTION: Motion to approve premises amendment to the on sale brewer’s Taproom liquor license for Steel Toe Brewing, LLC, located at 4848 35th Street West. POLICY CONSIDERATION: Does the Council wish to approve the premises patio amendment for the Taproom liquor license at Steel Toe Brewing? SUMMARY: Steel Toe Brewing, located at 4848 35th Street West has made an application to the City of St. Louis Park for an amendment to expand their current on-sale brewer’s Taproom liquor license premises by adding an outdoor patio area. The current licensed premise consists of 988 square feet with seating for 26. The additional outdoor patio space will consist of 880 square feet with seating for 36. Jason Schoneman is the on-site manager for Steel Toe Brewing. City Ordinance Section 3-68 (a) states that each liquor license shall be issued only for the exact rooms and square footage described in the application. A license is valid only in the compact and contiguous building or structure situated on the premises described in the license. City Ordinance Section 3-106 states that proposed enlargement or substantial alteration which changes the character of the licensed establishment or extension of a premise previously licensed shall not be allowed unless the City Council approves an amendment to the liquor license. If Council approves the premises amendment to Steel Toe Brewing Taproom liquor license, no liquor will actually be served in the amended premises new area until all required compliance is met with City Inspections Department, including possible fees that may be due for additional sewer availability charges (SAC) yet to be determined by the Metropolitan Council. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Location Map Premises Amendment Patio Floor Plan Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4g) Page 2 Title: Liquor License Premises Amendment for Steel Toe Brewing DISCUSSION BACKGROUND: Steel Toe Brewing has been operating as a small craft brewery at 4848 West 35th Street in St. Louis Park since July 2011. On August 20, 2012, Council adopted Ordinance 2417-12 to allow a new Brewer Taproom license classification for on sale malt liquor. A State licensed brewer who brews up to 3,500 barrels of malt liquor per year qualifies for a Brewer Taproom License subject to the following conditions: 1. The malt liquor sold on sale for consumption must be produced by the brewer on the licensed premises. 2. No other beverages containing alcohol may be sold or consumed on the licensed premises. 3. A brewer may only have one taproom license. 4. Taproom hours include Mon.-Thurs. 3:00 – 8:00 p.m., Friday 3:00 – 10:00 p.m., Saturday 11:00 am – 8:00 pm, and federally recognized holidays 11:00 am – 10:00 p.m. 5. A restaurant is not allowed at a brewery with a taproom license. Steel Toe Brewery has been operating as a Brewer Taproom since November 19, 2012 with up to 72 parking spaces available. ZONING: On October 21, 2013 Council adopted Ordinance No. 2449-13 to allow outdoor seating as an accessory use for establishments that serve food or beverage in the Business Park Zoning District. The Steel Toe Brewing property is currently zoned Industrial Park; however, on May 5, 2014 the Council adopted Ordinance No. 2453-14 that changed the zoning of the Steel Toe property from Industrial Park to Business Park. This rezoning takes effect on May 30, 2014. As a result, any time after May 30, 2014 and with proper approvals and permits, Steel Toe Brewery may construct an outdoor seating area. NEXT STEPS: If Council approves the patio premises amendment to Steel Toe Brewing, no malt liquor will be served on the patio area until after May 30, 2014; and any required fees must be submitted for additional sewer availability charges (SAC) to be determined by the Metropolitan Council. City Council Meeting of May 19, 2014 (Item No. 4g) Page 3 Title: Liquor License Premises Amendment for Steel Toe Brewing Location Map City Council Meeting of May 19, 2014 (Item No. 4g) Page 4 Title: Liquor License Premises Amendment for Steel Toe Brewing Patio Existing Taproom SUITE 4848 988 SQ. FT. Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Project Report: Sanitary Sewer Project Lift Station No. 1 - Project #4014-3000 RECOMMENDED ACTION: Motion to Adopt Resolution accepting the project report, establishing Improvement Project No. 4014-3000, approving plans and specifications and authorizing invitation for bids for Improvement Project No. 4014-3000. POLICY CONSIDERATION: Does Council desire to move forward with this project as identified in the City’s Capital Improvement Program (CIP)? SUMMARY: The work is necessary and feasible to ensure the sanitary sewer lift station operates efficiently and effectively for many decades. Staff recommends accepting the project report, establishing the improvement project, approving plans and specifications and authorizing invitation for bids. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and is included in the City’s adopted CIP for construction in 2015 using Sanitary Sewer Utility Funds. Due to the reconstruction of the MCES forcemain, and the need for a new lift station, the project was advanced to be constructed in 2014. The CIP estimated this project to cost $350,000. The current estimate for the total cost of the project is $650,000 which includes engineering & administration costs. The CIP was put together with assumptions on the way the lift station could be constructed. It also did not accommodate the future flows from the concept development near the Beltline Light Rail Station. Now that the soil borings have been completed, this construction method is no longer recommended. The proposed construction method is substantially higher in cost due to the difficulty of constructing the lift station with the on-site soils. The Sanitary Sewer Utility Fund has a sufficient balance to cover the increase in the project cost without adversely affecting other programmed improvements identified in the CIP Cost and funding details are as follows: Estimated Costs Construction Cost $520,000 Contingency (10%) $52,000 Engineering & Administration (15%) $78,000 Total $650,000 VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Joseph Shamla, Engineering Project Manager Reviewed by: Jay Hall, Superintendent of Utilities Debra Heiser, Director of Engineering Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4h) Page 2 Title: Project Report: Sanitary Sewer Project Lift Station No. 1 - Project #4014-3000 DISCUSSION BACKGROUND: Sanitary Sewer Lift Station No. 1 (LS #1) is located near the intersection of Natchez Avenue and the frontage road of County Road 25. The existing station consists of two sanitary sewer pumps and electric controls. This station pumps sewage into the Metropolitan Council Environmental Services (MCES) forcemain located on the south side of County Road 25. MCES will be replacing the forcemain in this area in the summer of 2014. This lift station was constructed in 1964 and has only had minor upgrades over the years. The pumps were replaced in 2011. The new lift station will utilize the same pumps. The valves, electrical controls, and wet well have reached their life expectancy and are susceptible to failure. Also, the current station does not have a standby generator, so if the power goes out, a portable generator must be brought to the site. Since the wet well is undersized and there is not a standby generator – a power failure becomes an emergency situation for staff. Also, the wet well for the existing lift station is located in the County Road 25 Frontage Road which makes it difficult to maintain safely. Proposed Lift Station The proposed lift station will include features to keep it operating efficiently and effectively for many decades. The new features include a larger wet well capacity, a standby generator, and a safer wet well location. The proposed station has an increase in wet well capacity. The current wet well is undersized for the flow which enters the station. Engineering also worked with Community Development on future flows based on new development around the Beltline Light Rail Transit Station. The new wet well will accommodate the flows from the future concepts. A standby generator will be added to insure that the pumps turn on during a power failure. This allows the City crews to focus on other lift stations during power failures to insure no sewage back-ups. The new lift station will be constructed south of the parking lot of 3115 Natchez Avenue in Hennepin County right of way. This location is safer since it allows access to the station outside of the roadway. Due to the complexity of constructing this lift station, our consulting firm SEH Inc. recommended that this project be advertised for prequalifying contractors. The prequalification was used to insure that the contractor for this project would have experience with the installation of other lift stations with this complexity. The City Attorney reviewed the document prior to sending out the prequalification documents. The City received and qualified five contractors. An invitation to bid will be sent after approval has been given by the City Council. Project Timeline: Should the City Council approve this Project, the following schedule is proposed: • Bid Opening June 5, 2014 • Bid Tab Report to City Council; Award contract June 16, 2014 • Begin Construction Late June 2014 • Construction substantially complete November 2014 City Council Meeting of May 19, 2014 (Item No. 4h) Page 3 Title: Project Report: Sanitary Sewer Project Lift Station No. 1 - Project #4014-3000 RESOLUTION NO. 14-___ RESOLUTION ACCEPTING THE PROJECT REPORT, ESTABLISHING IMPROVEMENT PROJECT NO. 4014-3000, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING INVITATION FOR BIDS FOR IMPROVEMENT PROJECT NO. 4014-3000 WHEREAS, the City Council of the City of St. Louis Park has received a report from the Project Manager related to Project 4014-3000. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The Project Report regarding Project No. 4014-3000 is hereby accepted. 2. Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3. The proposed project, designated as Project No. 4014-3000 is hereby established and ordered. 4. The plans and specifications for the making of these improvements, as prepared under the direction of the Project Manager, or designee, are approved. 5. The Project Manager, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4i EXECUTIVE SUMMARY TITLE: Approve Trunk Highway 100 Construction Project RECOMMENDED ACTION: Adopt Resolutions approving the: • Cooperative Construction Agreement • Trunk Highway 7 Detour Agreement • Traffic Control Signal Agreement with MnDOT for the reconstruction of Trunk Highway 100. POLICY CONSIDERATION: Does the City Council have questions or concerns regarding the proposed agreements? SUMMARY: On December 3, 2012, the City Council granted municipal consent for the Highway 100 project (from 28th Street to 36th Street). Over the last year and a half the Minnesota Department of Transportation (MnDOT) has put together final design plans and specifications. The project bids will be opened in early summer; construction is scheduled to begin in late summer 2014. In preparation, MnDOT is finalizing agreements with the City of St. Louis Park and Hennepin County for various components of the construction and operation of the reconstructed corridor. MnDOT has presented the Cooperative Construction Agreement, Trunk Highway 7 Detour Agreement and Traffic Control Signal Agreement for review and approval by the City. Staff has been coordinating the language and costs associated with these agreements with MnDOT for the last two years. These agreements have been reviewed and found acceptable by the City attorney and staff. FINANCIAL OR BUDGET CONSIDERATION: This is a MnDOT led project with an estimated cost of $60 million. The City’s share of the project cost is estimated by MnDOT to be $2,382,699.18. The anticipated cost will be funded by utility funds, EDA Development Funds, and Permanent Improvement Revolving Fund. MnDOT will be paying the City $14,509.69 for a detour on to local roadways during one of the construction phases. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolutions (3) Cooperative Construction Agreement 05302 T.H. 7 Detour Agreement 05501 Traffic Control Signal Agreement 05544 Prepared by: Jack Sullivan, Senior Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Nancy Deno, Deputy City Manager City Council Meeting of May 19, 2014 (Item No. 4i) Page 2 Title: Approve Trunk Highway 100 Construction Project DISCUSSION BACKGROUND: A draft of this report was presented to Council at the May 12, 2014 Study Session. At that time April Crocket from MnDOT presented a status update to the project construction and their communication plans. It was suggested by Council that MnDOT have public outreach informational booths at Parktacular! and other local events around St. Louis Park to provide education to the public about the upcoming construction activities. The reconstruction of TH 100 from 28th Street to 36th Street will begin in August of 2014. In preparation, MnDOT is finalizing agreements with the City of St. Louis Park for the costs associated with the improvement requested by the City, the posted detours during construction and long term operation and maintenance costs of the traffic control signals. The following agreements are necessary for MnDOT to proceed with construction of Highway 100. Cooperative Construction Agreement 05302 The City is requesting a number of improvements to the Highway 100 project such as additional bridge width on Minnetonka Boulevard for bikes, trails along Highway 100, pedestrian lighting on the Minnetonka Boulevard bridge, aesthetic treatments to the bridge abutments and railings and watermain and sanitary sewer improvements on Toledo Avenue. Staff has been coordinating the scope and cost of these items with MnDOT for the last two years and the estimate cost of $2,382,699.18 is consistent with all previous estimates. T.H. 7 Detour Agreement 05501 and Resolution In order to facilitate the reconstruction of the Highway 7 bridge over Highway 100 MnDOT will be completely closing Highway 7 between Wooddale and Beltline for approximately 300 days. This work is expected to begin in late fall of 2015 and be completed by October of 2016. Although the posted detour for Highway 7 is Highway 169 and Highway 394 MnDOT has anticipated traffic destined for local businesses and events will not utilize this local detour. MnDOT compensates the City for the road life used by this additional local traffic based on their standardized formula that accounts for duration of the detour, length of the detour and the volume of additional traffic expected to utilize the detour. The City is estimated to be reimbursed $14,509.69 for this detour based on MnDOT’s methodology. A similar closure of County State Aid Highway (CSAH) 5/Minnetonka Boulevard bridge over Highway 100 will occur from April 2015 to July of 2015. Since this bridge is on a County Road the City will not be entering into an agreement with MnDOT or the County. The County has chosen to detour traffic to other CSAH roadways by utilizing CSAH 20 (Blake Road) and CSAH 3 (Excelsior Boulevard). Traffic Control Signal Agreement 05544 and Resolution MnDOT will be entering in to joint agreements with Hennepin County and the City of St. Louis Park for the construction, operation and maintenance of the signal system at the intersections of CSAH 5/Minnetonka Boulevard and the Highway 100 ramps. This new agreement supersedes a similar agreement that is currently in place for the signals at these ramps. As the project gets closer to completion the City will update the signal agreement we currently have with Hennepin County for the intersection of CSAH 5/ Minnetonka Boulevard and Lake Street/ Vernon Avenue. City Council Meeting of May 19, 2014 (Item No. 4i) Page 3 Title: Approve Trunk Highway 100 Construction Project MnDOT Public Outreach and Detour Education MnDOT has also expressed a strong willingness to work with the City to provide adequate and additional traffic control measures if necessary as the Highway 100 project progresses. Staff has inserted language in to the attached “Cooperative Construction Agreement Resolution” that: • acknowledges that MnDOT does not yet know the actual impacts of rerouted traffic may not be known until construction staging progresses; • that MnDOT will work with the City of St. Louis Park on signage and traffic routing to mitigate impacts of traffic disruption as they develop; • that MnDOT will work with the City of St. Louis Park on communication and revising traffic controls to address public concerns as they develop. MnDOT is proposing a number of public outreach events this summer in anticipation of the project to help inform residents about what to expect during construction. • They will provide an update to the City Council at a study session prior to construction starting. • They will hold a project kick off meeting/ open house in the community. • City Staff will attend the weekly construction meetings for the duration of the construction project. In addition to MnDOT’s communication, City staff will be providing periodic updates to Council. These will be in advance of major changes to the roadway network as the project construction proceeds. City Council Meeting of May 19, 2014 (Item No. 4i) Page 4 Title: Approve Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF ST. LOUIS PARK COOPERATIVE CONSTRUCTION AGREEMENT RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, MnDOT will be replacing the traffic control signals along CSAH 5 (Minnetonka Blvd) at the East and West Ramps of Highway 100; WHEREAS, the actual impacts of rerouted traffic may not be known until construction staging progresses; WHEREAS, MnDOT will work with the City of St. Louis Park on signage and traffic routing to mitigate impacts of traffic disruption as they develop; WHEREAS, MnDOT will work with the City of St. Louis Park on communication and revising traffic controls to address public concerns as they develop; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05302 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the additional bridge and roadway width, trail, concrete walk, traffic control signal system, EVP System, interconnect, lighting and the City utility construction and other associated construction to be performed upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent tot and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon , along and adjacent to Trunk Highway No. 100 from 100 feet north of 6th Street West to 80 feet north of 26th Street West within the corporate City limits under State Project No. 2734-33 (T.H. 100=005). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of May 19, 2014 (Item No. 4i) Page 5 Title: Approve Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ TRUNK HIGHWAY 7 DETOUR AGREEMENT NO. 05501 RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, as part of the Trunk Highway 100 project MnDOT will be using City streets for the detour of Trunk Highway 7. WHEREAS, MnDOT has offered $14,509.69 as compensation for the road life consumed by the detour. WHEREAS, the City agrees that this amount constitutes reasonable compensation. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05501 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City for the use of Monterey Drive, W. 36th Street, and Wooddale Avenue as a detour route during the contract construction to be performed upon, along and adjacent to T.H. 100 from a point 900’ North of Excelsior Boulevard to Cedar Lake Road under State Project No. 2734-33 (T.H. 100 = 130) IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk City Council Meeting of May 19, 2014 (Item No. 4i) Page 6 Title: Approve Trunk Highway 100 Construction Project RESOLUTION NO. 14 -____ TRAFFIC CONTROL SIGNAL AGREEMENT NO. 05544 RESOLUTION WHEREAS, the Minnesota Department of Transportation (“MnDOT”) is undertaking the improvement of Trunk Highway 100; and WHEREAS, MnDOT will be replacing the traffic control signals along CSAH 5 (Minnetonka Blvd) at the East and West Ramps of Highway 100; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that: 1. The City of Saint Louis Park enters into MnDOT Agreement No. 05544 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the power, operation, and maintenance of the new Traffic Control Signals with Signal Pole L.E.D Mounted Luminaires, Interconnect, Accessible Pedestrian Signals (“APS”), Battery Back –up, and Signing; and for the Emergency Vehicles Pre-emption Systems on Trunk Highway No. 100 at Country State Aid Highway No. 5 (Minnetonka Boulevard), West Ramps (System “D”) and East Ramps (System “E”) in the City of St. Louis Park, Hennepin County, Minnesota. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. Reviewed for Administration: Adopted by the City Council May 19, 2014 City Manager Mayor Attest: City Clerk Mn/DOT Contract No: 05302 -1- STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ST. LOUIS PARK COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 2734-33 Estimated Amount Receivable Trunk Highway Number (T.H.): 100=005 $2,382,699.18 State Project Number (S.P.): 2735-197 State Project Number (S.P.): 027-605-026 Federal Project Number: NHPP 0100 (317) Lighting System Feed Point No. CITY A Signal System ID 21378, 39704, 39526 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of St. Louis Park acting through its City Council ("City"). Recitals 1. The State will perform grading, alternate bituminous or concrete surfacing, ADA, retaining wall, noise wall, lighting, TMS, trail, utility, traffic control signal system, EVP system, interconnect, and bridge construction and other associated construction upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent to and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon, along and adjacent to Trunk Highway No. 100 from 100 feet north of 36th Street West to 80 feet north of 26th Street West in the City of St. Louis Park according to State-prepared plans, specifications and special provisions designated by the State as State Project No. 2734-33 (T.H. 100=005)("Project"); and 2. The City has requested the State include in its Project additional bridge and roadway width, trail, concrete walk, EVP system, lighting and utility construction and will also participate in traffic control signal system, interconnect, and other associated construction items to be performed upon, along and adjacent to County State Aid Highway No. 5 (Minnetonka Boulevard) adjacent to and over Trunk Highway No. 100 from approximately 500 feet east of Trunk Highway No. 100 to approximately 500 feet west of Trunk Highway No. 100 and upon, along and adjacent to Trunk Highway No. 100 from 100 feet north of 36th Street West to 80 feet north of 26th Street West in the City of St. Louis Park; and 3. The City wishes to participate in the costs of the additional bridge and roadway width, trail, concrete walk, traffic control signal system, EVP System, interconnect, lighting, and City utility construction and associated construction engineering; and 4. Agreement No. 05303 between the State and Hennepin County will address additional bridge and roadway width, interconnect, and traffic control signal system construction and associated construction engineering; and 5. Agreement No. 01690 between the State and the Canadian Pacific railway will address Shoo-Fly construction; and 6. A separate agreement between the State, City of St. Louis Park, and Hennepin County will address traffic control signal system maintenance; and 7. Agreement No. 02408 between the State and the Hennepin County Regional Railroad Authority (HCRRA) will address bicycle/pedestrian bridge construction and compensation for design and construction of a new bridge to accommodate the width necessary to carry two parallel LRT tracks; and City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 7 Mn/DOT Contract No: 05302 -2- 8. Agreement No. 05501 between the State and City of St. Louis Park , and Agreement No. 05502 between the State and Hennepin County will address use of local roadways as temporary Trunk Highway detour routes; and 9. The City has an existing 78” storm sewer pipe in the proposed T.H. 7 abutment on T.H. 100 that will require ongoing monitoring and inspections; and 10. Minnesota Statutes § 161.45, subdivision 2, allows for City-owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 11. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 8. Liability; Worker Compensation Claims; 10. State Audits; 11. Government Data Practices; 12. Governing Law; Jurisdiction; Venue; and 14. Force Majeure. 1.4. Plans, Specifications, Special Provisions. Plans, specifications and special provisions designated by the State as State Project No. 2734-33 (T.H. 100=005) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference. ("Project Plans") 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Project Manager and incorporated into this Agreement by reference. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and except as provided below, perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Construction Engineering and Inspection by the City. The City will assign its City Engineer or other registered professional engineer to perform construction engineering in connection with the City utility construction. The engineer so assigned will act under the supervision and direction of the State and be responsible for construction inspection and control of materials for said construction. The construction will be performed according to the Project Plans and recognized and accepted practices and procedures as set forth in various State manuals, including Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". The City will furnish other personnel, services, supplies and equipment needed to properly carry on the construction. i. Documentation of Construction Costs. At regular intervals after the State's contractor has started the City utility construction, the City will prepare partial estimates of the construction costs according to City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 8 Mn/DOT Contract No: 05302 -3- the terms of the construction contract and immediately submit the partial estimates to the State. The City will also prepare the final estimate data for said construction and submit the final estimate to the State. Quantities listed on the partial and final estimates will be documented according to guidelines in the applicable documentation manual. ii. Final Inspection of Construction. Upon completion of the City utility construction, the City will advise the State whether or not said construction should be accepted by the State as being performed in a satisfactory manner. If the City recommends that the State not accept the construction, then the City will, as part of their recommendation, identify the specific defects in the construction and the reasons why it should not be accepted. Any recommendations made by the City are not binding on the State. The State will determine, after considering the City's recommendations, whether or not the construction has been properly performed and whether to accept or reject it. iii. Inspection of Other City Participation Construction. The remainder of the City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda, change orders and supplemental agreements with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. 2.5. Permits A. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the trunk highway right-of-way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right-Of-Way" (Form TP2525). B. Limited Use Permit. The City will obtain, through the District's Right of Way Area Manager, a Limited Use Permit to cover the City's liability responsibilities of Toledo Avenue South trail to be constructed upon the State right-of-way. 2.6. Replacement of Castings. Adjustments to certain City-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 9 Mn/DOT Contract No: 05302 -4- 3. Maintenance by the City. Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Roadways. Maintenance of Toledo Avenue South and Trunk Highway No. 100 West Frontage Road. Maintenance includes, but is not limited to, snow, ice and debris removal, resurfacing and seal coating and any other maintenance activities according to accepted City maintenance practices. 3.2. Wooddale Retention Pond. Maintenance of the Wooddale retention pond located in the southwest corner of Trunk Highway No. 7 and No. 100. Maintenance includes, but not limited to, litter, debris and silt removal, mowing, erosion repairs and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, sedimentation or accelerated deterioration of the facilities. The City shall be responsible, to the extent provided by law, for its own acts and omissions in connection with maintaining the retention pond. 3.3. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. A. Existing Storm Sewer Pipe. The City has an existing City owned and maintained 78” Class V RCP storm sewer pipe on the east side of Highway 100 between MH 6237 and MH 6238, in the proposed T.H. 7 bridge abutment. This was constructed and installed by permit approximately in1970 and is within MnDOT right of way. Due to the ongoing concern of the existence of this storm sewer pipe and its current location in relation to the proposed east side abutment of the T.H. 7 bridge and the integrity of its condition as it relates to the proposed bridge abutment, there is mutual agreement (between the City and the State) that this pipe needs to be monitored and inspected on a regular basis. The City shall perform routine inspections every 5 years on this storm sewer pipe and provide inspection reports back to the State Metro Bridge Maintenance Engineer. If upon review of the inspection reports, and at such time in which the State and the City feel that this pipe is in need of repairs, it would be the responsibility of the City to line and/or repair the pipe, as necessary, to provide the structural stability assurances of the pipe at 100% cost to the City. 3.4. Trails. Maintenance of the Toledo Avenue South trail construction. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, pavement replacement, mowing, trimming, signing, pavement markings, and any other maintenance activities necessary to perpetuate the bikeways and multi-use trails in a safe and usable condition. 3.5. Wayside Rest Areas. Maintenance of waysides rest areas on the back side of the retaining walls along Minnetonka Boulevard. Maintenance shall be in accordance with normal City maintenance requirements necessary to perpetuate the pavers and benches in a safe, usable and aesthetically acceptable condition. 3.6. Retaining Walls. Maintenance of the non-highway side of any retaining wall construction. Maintenance includes graffiti removal and any other maintenance activities necessary to perpetuate the walls in a safe, usable and aesthetically acceptable condition. 3.7. Noise Walls. Maintenance of the non-highway side of any noise wall construction. Maintenance includes graffiti removal on the non-highway side and any other maintenance activities necessary to perpetuate the walls in a safe, usable and aesthetically acceptable condition. 3.8. Lighting. Maintenance and ownership of lighting facilities construction on Minnetonka Boulevard and Bridge. Maintenance includes but is not limited to; replacing faulty luminaries and knocked down or otherwise damaged poles; repairing or replacing underground facilities and wiring; repairing service cabinets, photocells, and all other miscellaneous hardware to keep the lighting facilities in working order; cleaning and re-lamping the luminaries; and if needed, painting the lighting facilities. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. As owner of the lighting facilities, the City will be responsible for all "Gopher State One Call" locates. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 10 Mn/DOT Contract No: 05302 -5- 3.9. Additional Drainage. Neither party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. The drainage areas served by the storm sewer facilities constructed under the construction contract are shown in a drainage area map, EXHIBIT "Drainage Area", which is on file in the office of the State's District Hydraulics Unit at Roseville and is incorporated into this Agreement by reference. 4. Basis of City Cost 4.1. SCHEDULE "I”. The Preliminary SCHEDULE "I" includes all anticipated City participation construction items, including lump sum bid-based items, County Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 4.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for mobilization, field office, field laboratory and traffic control. A. 100 Percent will be the City's rate of cost participation in all of the City utility construction as shown and tabulated on Sheet(s) No. 2 thru No. 4 of the Preliminary SCHEDULE "I". B. 100 Percent will be the City’s rate of cost participation in all of the lump sum bid-based items for the requested bridge and roadway additional width construction as shown and tabulated on Sheet No. 5 of the Preliminary SCHEDULE "I". 4.3. County Furnished Materials. Hennepin County will furnish 3 cabinet and controllers ("County Furnished Materials"), according to the Project Plans, to operate the traffic control signal system(s) covered under this Agreement. The City’s lump sum share for State Furnished Materials is $12,500.00. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the SCHEDULE "I". 4.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 5 percent for all utility construction engineering and 8 percent for the remaining City participation construction covered under this Agreement. 4.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda for the City participation construction covered under this Agreement and any additional City requested work and plan changes. The State reserves the right to invoice the City for the cost of any construction contract addenda and any additional City requested work and plan changes, including associated construction engineering, before the completion of the contract construction. 5. City Cost and Payment by the City 5.1. City Cost. $2,382,699.18 is the City's estimated share of the costs of the contract construction, County Furnished Materials, the 5 percent utility construction engineering and the 8 percent construction engineering cost share as shown in the Preliminary SCHEDULE "I". The Preliminary SCHEDULE "I" was prepared using estimated quantities and unit prices, and includes lump sum bid-based costs for additional bridge and roadway width construction. Upon award of the construction contract, the State will prepare a Revised SCHEDULE "I" based on construction contract unit prices, which will replace and supersede the Preliminary SCHEDULE "I" as part of this agreement. 5.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised SCHEDULE "I", after the following conditions have been met: City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 11 Mn/DOT Contract No: 05302 -6- A. Execution of this Agreement and transmittal to the City, including a copy of the Revised SCHEDULE "I". B. The City's receipt of a written request from the State for the advancement of funds. 5.3. Acceptance of the City’s Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding and conclusive upon the City as to the satisfactory completion of the contract construction. 5.4. Final Payment by the City Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final SCHEDULE "I" and submit a copy to the City. The Final SCHEDULE "I" will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 6. Authorized Representatives Each party’s Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 6.1. The State's Authorized Representative will be: Name/Title: Maryanne Kelly-Sonnek, Municipal Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: maryanne.kellysonnek@state.mn.us 6.2. The City's Authorized Representative will be: Name/Title: Debra Heiser/Engineering Director (or successor) Address: 5005 Minnetonka Boulevard, St. Louis Park, MN 55416-2216 Telephone: (952) 924-2551 7. Assignment; Amendments; Waiver; Contract Complete 7.1. Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to subsequently enforce it. 7.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 12 Mn/DOT Contract No: 05302 -7- 8. Liability; Worker Compensation Claims 8.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 8.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 9. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 10. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 12. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination; Suspension 13.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 13.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 13.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 14. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 13 Mn/DOT Contract No: 05302 -8- INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF ST. LOUIS PARK DEPARTMENT OF TRANSPORTATION Recommended for Approval: The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (District Engineer) By: Date: Title: Approved: Date: By: (State Design Engineer) By: Date: Title: Date: COMMISSIONER OF ADMINISTRATION By: (With delegated authority) Date: City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 14 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 15 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 16 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 17 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 18 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 19 Mn/DOT Contract No: 05501 -1- STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION And CITY OF ST. LOUIS PARK DETOUR AGREEMENT For Trunk Highway No. 7 Detour State Project Number (S.P.): 2734-33 Original Amount Encumbered Trunk Highway Number (T.H.): 7 = 012 $14,509.69 This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and City of St. Louis Park acting through its City Council ("City"). Recitals 1. The State is about to perform grading, alternate concrete or bituminous surfacing, ADA, retaining walls, noise walls, lighting, signing, traffic management system, and bridge no. 27303, 27304, 27305, 27306, and 27109 construction upon, along and adjacent to T.H. 100 from a point 150 feet North of 36th Street W. to 80 feet North of 26th Street W. in St. Louis Park, under State Project No. 2734-33 (T.H. 100 = 130); and 2. The State requires a detour to carry T.H. 7 traffic on Monterey Drive, W. 36th Street, and Wooddale Avenue during the construction; and 3. The State is willing to reimburse the City for the road life consumed by the detour as hereinafter set forth; and 4. Minnesota Statutes § 471.59, subdivision 10, § 161.25, and § 161.20, subdivision 2(b), authorize the parties to enter into this Agreement. Agreement 1. Term of Agreement; Incorporation of Exhibits 1.1 Effective date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2 Expiration date. This Agreement will expire when the State removes all detour signs, returns the temporary trunk highway detour to the City, and pays for the detour compensation. 1.3 Exhibits. Exhibits “A” and “B” are attached and incorporated into this Agreement. 2. Agreement between the Parties 2.1 Detour A. Locations. The State will establish the T.H. 7 detour route on the following City streets as detailed in the project plans or Special Provisions: Route 1 (Exhibit “A”) Stage 4 and 5, Southeasterly on Wooddale Avenue for .36 miles from Trunk Highway No. 7 to Trunk Highway No. 100. Average daily count is 15,500 vehicles. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 20 Mn/DOT Contract No: 05501 -2- Route 2 (Exhibit “B”) Stage 4 and 5, Northwesterly on Monterey Drive from County State Aid Highway No. 3 (Excelsior Boulevard) to W. 36th Street for .31 miles, then Westerly on W. 36th Street from Monterey Drive to Wooddale Avenue for .65 miles, then Northwesterly on Wooddale Avenue from W. 36th Street to Trunk Highway No. 7 for .08 miles, for a total distance of 1.04 miles. Average daily count is 3,700 vehicles. B. Axle Loads and Over-Dimension Loads. The City will permit 9-ton axle loads on the detour route. Over- dimension loads will not be permitted except in cases of extreme emergency. C. Traffic Control Devices. The State may install, maintain and remove any traffic control devices it considers necessary to properly control the detoured traffic. The State may paint roadway markings, such as the centerline, edge lines and necessary messages. D. Detour Maintenance. The State will perform any necessary bituminous patching and ordinary maintenance on the roadway or shoulder of the City streets used for the detour, at no cost or expense to the City. Bituminous patching is defined as any work, including continuous full width overlays, less than 100 feet in length. All State expenditures beyond those required for bituminous patching and ordinary maintenance will be credited against the road life consumed reimbursement due the City. E. Duration. The State will provide the City with advance notice identifying the dates the State intends to place and remove the detour signing. 2.2 Basis of State Cost (Road Life Consumed). The State will reimburse the City for the road life consumed by the detour using the following methods, as set forth in the Detour Management Study Final Report dated January 1991, and updated by MnDOT’s Policy on Cost Participation for Cooperative Construction Projects and Maintenance Responsibilities between MnDOT and Local Units of Government. A. The "Gas Tax Method" formula, multiplies the Combined Tax Factor per mile times the Average Daily Traffic ("ADT") count of vehicles diverted from the Trunk Highway times the City street length in miles times the duration of the detour in days to determine the State's cost for the road life consumed by the detour. B. The City may, at its option, perform an “Equivalent Overlay Method” analysis. A State-approved firm, at no cost or expense to the State, must perform the testing and analysis. The City will keep records and accounts to verify any claim it might bring against the State for additional costs using the "Equivalent Overlay Method.” 3. Payment 3.1 For Road Life Consumed. $14,509.69 is the State's estimated cost for the road life consumed by the detour based on the data below: Tax Factor ADT Road Length Duration (Days) Cost Route 1 0.00513 15,500 .36 300 $8,587.62 Route 2 0.00513 3,700 1.04 300 $5,922.07 Total Road Life Consumed $14,509.69 The State's total payment for the road life consumed by the detour is equal to the amount computed by using the "Gas Tax Method" formula plus any amount determined by using the "Equivalent Overlay Method" analysis that is in excess of twice the "Gas Tax Method" amount. 3.2 Maximum Obligation. $45,000.00 is the maximum obligation of the State under this Agreement and must not be exceeded unless the maximum obligation is increased by execution of an amendment to this Agreement. 3.3 Conditions of Payment. The State will pay the City the State's total road life consumed payment amount after performing the following conditions. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 21 Mn/DOT Contract No: 05501 -3- A. Execution of this Agreement and the City’s receipt of the executed Agreement. B. State’s encumbrance of the State's total payment amount. C. State’s removal of all detour signs. D. State notifies the City of the removal of the detour signs, and the number of days the detour was in effect. E. State’s receipt of a written request from the City, signed by the State District Engineer's authorized representative, for payment. 4. Release of Road Restoration Obligations By accepting the State's road life consumed payment plan and total payment amount, the City releases the State of its obligation, under Minnesota Statutes § 161.25, to restore the City streets used as a T.H. 100 detour to as good condition as they were before designation as temporary trunk highways. 5. Authorized Representatives Each party’s Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 5.1 The State's Authorized Representative will be: Name/Title: Allan Espinoza, MnDOT Metropolitan District Traffic Engineering (or successor) Address: 1500 West County Road B2, Roseville, MN 55113 Telephone: (651) 234-7812. Fax: (651) 234-7850. E-Mail: allan.espinoza@state.mn.us 5.2 The City's Authorized Representative will be: Name/Title: Deb Heiser, St. Louis Park Public Works Director (or successor) Address: 5005 Minnetonka Boulevard, St. Louis Park, MN 55416 Telephone: (952) 924-2656 Fax: (952) 924-2175 E-Mail: dheiser@stlouispark.org 6. Assignment; Amendments; Waiver; Contract Complete 6.1 Assignment. Neither party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 6.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 6.3 Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to subsequently enforce it. 6.4 Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 22 Mn/DOT Contract No: 05501 -4- 7. Liability The City and State will be responsible for their own acts and omissions, to the extent authorized by law. Minnesota Statutes § 3.736 governs the State’s liability. Minnesota Statutes, Chapter 466 governs the liability of the City. 8. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the City or the State. 10. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation and enforcement of this Agreement. Venue for all legal proceedings arising out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11. Termination; Suspension 11.1 By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties or by the State for insufficient funding as described below. 11.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the City. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the City will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 11.3 Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, performance and payments authorized through this Agreement. Any work performed during a period of suspension will be considered unauthorized work and will be undertaken at the risk of non- payment. 12. Force Majeure Neither party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party’s reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 23 Mn/DOT Contract No: 05501 -5- INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15 and § 16C.05. DEPARTMENT OF TRANSPORTATION Approved: Signed: By: (District Engineer) Date: Date: SWIFT Purchase Order: CITY OF ST. LOUIS PARK COMMISSIONER OF ADMINISTRATION The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions or ordinances. By: (With delegated authority) By: Date: Title: Date: By: Title: Date: City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 24 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 25 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 26 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 27 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 28 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 29 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 30 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 31 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 32 City Council Meeting of May 19, 2014 (Item No. 4i) Title: Approve Trunk Highway 100 Construction Project Page 33 Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4j OFFICIAL MINUTES ST. LOUIS PARK TELECOMMUNICATIONS COMMISSION MEETING OF December 11, 2013 ST. LOUIS PARK COUNCIL CHAMBERS MEMBERS PRESENT: Rick Dworsky, Dale Hartman, Cindy Hoffman, Toby Keeler, Rolf Peterson and Bill Theobald MEMBERS ABSENT: Bruce Browning STAFF PRESENT: Reg Dunlap, Civic TV Coordinator; John McHugh, Community TV Coordinator OTHERS PRESENT: Kate Hensing, Comcast Cable 1. Call to Order Chair Theobald called the meeting to order at 7:00 PM. 2. Roll Call Present at roll call were Commissioners Dworsky, Hartman, Hoffman, Keeler, Peterson and Theobald. 3. Approval of Minutes for October 23, 2013 Commissioner Peterson noted the tour of Comcast was excellent and it was interesting to see the infrastructure. It was moved by Commissioner Keeler, seconded by Commissioner Peterson, to approve the minutes of October 23, 2013, without changes. The motion passed 6-0. 4. Adoption of Agenda It was moved by Commissioner Keeler, seconded by Commissioner Peterson, to approve the agenda. The motion passed 6-0. 5. Public Comment - None 6. Action Items A. Comcast presentation on new cable rates and/or changes in the channel line up Ms. Hensing, Comcast, stated on January 1, 2014, there would be slight price changes due to increases in programming and business costs. Customers who have limited basic, DVR service or Internet Essentials would not see any increases at this time. Customers were notified in their bills and the changes would also be posted on the web site. City Council Meeting of May 19, 2014 (Item No. 4j) Page 2 Title: Telecommunications Commission Minutes December 11, 2013 Mr. Dunlap showed a graphic with some of the price changes. Digital Economy, starter and preferred would increase $3 month; Digital premier, increase $6/month; Internet, increase $2/month; Cable modem rental, increase $1/month; Triple play packages, increase $5/month (except Economy, $3); MultiLatino packages, increase $10/month. There was also a downgrade fee, with no in home visit, decreased from $5 to $2.99. All through the month of December, there is no fee for change in service for 30 days. The information will be put on the City web site as well. The City has authority over basic cable rates, but the City has no direct authority over the services where the price had increased. There is no action required by the TAC. Ms. Hensing noted a few changes to channels were Bloomberg TV moving from 251 to 103 and the Oprah Winfrey Network was moving from 103 to channel 120. Commissioner Hoffman asked if there was a charge to downgrade services, was there a fee to upgrade? Mr. Dunlap replied yes. Sometimes when you change services, there might be a special package involved and there might not be a fee. Generally, when you make a change at your request, then there is a fee. B. Comcast customer service update Mr. Dunlap showed a grid of the complaints received by City staff for the past 5 years. He said total complaint calls increased from 49 in 2011 to 61 in 2012 to 95 in 2013. Two categories stand out which the Commission has talked about as being more of a problem than in the past. Technical service complaints went from 9 last year to 28 this year, and telephone customer service complaints increased from 8 to 32. Ms. Hensing said the Centers of Excellence call centers had gone through a complete change in the last year and those changes had been completed. Comcast rolled out a lot of new products this past year, and is finally seeing a plateau in customer calls and the numbers are getting back to normal levels. Comcast has recently fired one of their third party vendors that took telephone calls because they were not up to Comcast standards. Since the transition, the number of busy signal calls had dropped dramatically. Mr. McHugh asked if the location of the third party vendor was the Philippines. Ms. Hensing replied she was not sure of that and could get back to them. Mr. McHugh said that they had heard a lot of complaints about that location and wanted to know if that could be the one that was fired. Mr. Dunlap said Commissioner Browning wanted to address training of staff for technical issues. Ms. Hensing replied with new products, there often are a few kinks. All of the techs that do X1 are knowledgeable and know how to work the product and put it into homes. They go through intense training and are very good at what they do. Commissioner Peterson commented a friend of his just upgraded to the Triple Play and got a new modem in his house that didn’t work. He couldn’t access wirelessly. They called Comcast and the tech took care of it right away. They had to put the modem in bridge mode. It was a Sunday afternoon and very fast and a good experience, better than he had in the past. City Council Meeting of May 19, 2014 (Item No. 4j) Page 3 Title: Telecommunications Commission Minutes December 11, 2013 Ms. Hensing that is part of what they are aiming for at the Center of Excellence. Commissioner Dworsky asked when the transition date was and when the third party was terminated. Ms. Hensing replied the Center of Excellence was completed in November and the third party vendor was released at the end of October. Mr. Dunlap said there were not a lot of options spelled out in the franchise in terms of what the Commission could do. They could let Comcast know that they were watching the complaints to see if Comcast can make improvements in customer service, because complaints had gone up the last two years. He distributed a handout including the code of federal regulations on Customer Service standards that are incorporated in the franchise by reference. Most of those standards Comcast exceeds by a mile, for example, they commit to a two hour window for appointments and the customer service standards say a four hour window. One of the things the Commission could consider is whether or not to pursue the Comcast phone records to see if they were answering the phone within a certain amount of time (30 seconds). Other communities had gone after this information and there has been difficulty getting the reports. The last thing the Commission could consider would be studying if an ordinance should be adopted with stricter customer service standards than what is in federal law. That was not included in the franchise agreement, however in the franchise agreement and federal law it says nothing can preempt a cities ability to pass further customer service standards if they choose. Mr. Dunlap said this is the menu of options and that he wasn’t suggesting any of those actions be taken tonight. Chair Theobald said the two big changes that happened or finished happening with the Center of Excellence being up to par and firing the telephone answering services, those seemed to hit the categories that had the major spikes in phone calls. Maybe that bears some monitoring over the next few months to see if the transition process flattens out the numbers a little bit. Commissioner Keeler stated it would be nice if Comcast could provide their measurements of customer service in terms of the phone calls for the last year or so. How long before a call is answered, or how long is the transfer time? He said I know you’re monitoring that but we’ve never seen that information. Based on federal regulations, they should have accessibility to that. It was moved by Commissioner Keeler, seconded by Commissioner Dworsky, to make a formal request to Comcast to provide the Commission with data on their call center response times in terms of call answering times, busy times and time for transfers as outlined in federal regulations. The motion passed 6-0. Mr. Dunlap indicated he would request that information on behalf of the Commission. Ms. Hensing noted he could send the request to her. Commissioner Hoffman asked if they could monitor if lines were busy and if calls were dropped. Ms. Hensing replied she gets the final report, but was not sure of the details. The numbers are submitted from vendors, but she could see length of phone calls. City Council Meeting of May 19, 2014 (Item No. 4j) Page 4 Title: Telecommunications Commission Minutes December 11, 2013 C. Draft Annual Report for 2013 Mr. Dunlap noted he hadn’t completed the draft, but submitted a report to City Council on the audit. He uses the minutes summary from the 2013 work plan. D. Set meetings for 2014 Mr. Dunlap stated they went to a Wednesday meeting the last few years and if they stay on that day, they need to avoid Planning Commission meetings. Commissioners agreed to change the meeting day to be on Tuesday’s. 2014 meetings will be held: February 11, May 13, August 12, October 14, and December 9. E. Draft Work Plan for 2014 Mr. Dunlap distributed a draft work plan. If Commissioners have other items to add, let him know. The audit will be discussed several times. F. Elect Chair & Vice Chair, effective next meeting Mr. Dunlap noted Mr. Theobald was not eligible to be Chair next year. The current Vice Chair is Commissioner Hoffman. Chair Theobald called for nominations for Chair. Commissioner Keeler nominated Commissioner Hoffman for Chair and it was accepted. Chair Theobald called for nominations for chair two more times. Nominations were closed. Chair Theobald called for nominations for Vice Chair. Commissioner Peterson nominated Commissioner Keeler for Vice Chair and it was accepted. Chair Theobald called for nominations for Vice Chair two more times. Nominations were closed. A voted was taken on the nominations of Cindy Hoffman as Chair and Toby Keeler for Vice Chair. The motion passed 6-0. 7. Reports A. Franchise fee audit update Mr. Dunlap stated there was a draft report for City Council (12/16 Council Meting) waiting to be approved by the City Manager. At the August meeting, the Commission recommended the City move ahead with a franchise fee audit. He would send a copy when it was approved by the City Manager. It summarized the last few audits and the cost and the amount of funds that were recovered. He said the report includes a rather leisurely timeline because it includes a review of 2013 and Comcast won’t have those figures right away. There is a potential partner with another franchise authority, but the City Council Meeting of May 19, 2014 (Item No. 4j) Page 5 Title: Telecommunications Commission Minutes December 11, 2013 question is whether they’ll want to audit the same time period. The report says for the Commission to be involved in reviewing the requests for proposals, which is something they can discuss at the February meeting and decide if they would like to have a sub committee. Commissioner Keeler asked if they wanted to try to concentrate on the fees for how they restructured their offerings and how they discount it. Not so much the right population count for users in St. Louis Park, but the right amount for all of the special packages. Mr. Dunlap noted that was part of the discussion and it would be made part of the request for proposal. Commissioner Keeler believed it would be good to have a subcommittee working on this, or it could delay the process. Chair Theobald agreed, but they could discuss it further at the next meeting. B. Complaints Commissioner Peterson asked what kind of work Comcast was doing that they damaged a concrete apron? Mr. Dunlap replied he didn’t go to the site and just got the description second hand. Comcast had pledged to repair it next spring including the landscaping. He was unsure of the layout and what the work was. Commissioner Keeler asked if it was a third party contractor or a Comcast crew. Mr. Dunlap did not know that. Mr. McHugh said there was a reference to another company. C. Future of cable TV technology update Mr. Dunlap suggested this be deferred to the February meeting. Ms. Hensing said they rolled out X1 and will continue trying to get to all customers. Wi- Fi hot spots are listed at Xfinitywifi.com. They are currently in small and medium businesses and customers can login at that location. There are hundreds of locations in the Metro area. Mr. Dunlap asked if they had gotten any feedback on the speeds. Ms. Hensing replied they were some of the best speeds. Commissioner Hoffman asked if that was part of every internet package. Ms. Hensing replied if you have the login name from Comcast, you can use that service. There is no charge, just login with a regular Email address. If you don’t have Xfinity internet, and are not a Comcast customer, you can use it twice a month for free, after that you will be charged. Comcast would like to get hot spots rolled out to all City Halls. Mr. Dunlap said right now people that have an HD TV in their homes that isn’t connected to a Comcast box still receive basic cable. Comcast sent notice in November that they are going to encrypt basic cable, but that hasn’t started yet. People should think about getting a box for their other TV’s, because at some point those TV’s won’t receive any cable channels. It is $2 per DTA or box. Comcast has started encrypting channels in other cities. City Council Meeting of May 19, 2014 (Item No. 4j) Page 6 Title: Telecommunications Commission Minutes December 11, 2013 Ms. Hensing believed St. Louis Park wouldn’t be changed to have encryption until next year. She would try to get the dates out so customers are aware of the change. D. Wireless microphone protection act Mr. Dunlap said this was something Scott Smith brought to his attention. It was only three years ago the spectrum was sold and changed, which raises billions of dollars for the federal government and causes TV broadcasters nightmares because they have to redo equipment. There is good news, the spectrum auction has been delayed into 2015, which helps so they don’t have to worry about devices sharing the same frequency. Commissioner Peterson said he loved the comments about the New York City theater district and that it must be a tremendous obstacle, with all those theaters in such close proximity using wireless microphones. 8. Communication from the Chair Chair Theobald thanked the Commission for allowing him to chair for the year. 9. Communications from City Staff Mr. McHugh distributed the original programs that had been recorded for Community TV this year and said they’ve recorded 82 programs so far. They had several more to record before the end of the month. It is a busy time of year and a great service for the community. Chair Theobald asked how they go back to find a show? Mr. McHugh replied some are on YouTube and you can search for it at YouTube/slpcable. The music performances recorded in the schools will transition to YouTube, and in the title of those programs, he will use the key word “isd283music,” to allow for easier searches. Commissioner Keeler stated NATOA would be having their 2014 conference next fall in St. Paul. It would be a pat on the back to submit some videos for NATOA awards and to have some of them attend the awards show. He added that the Minnesota Legislature created an office of broadband development to deal with the expansion of broadband internet service across the state and have selected a director from Northeastern Minnesota. 10. Adjournment Commissioner Keeler made a motion, Commission Hoffman seconded to adjourn at 7:55. The motion passed. Respectfully submitted by: Amy L. Stegora-Peterson Recording Secretary Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4k MINUTES ENVIRONMENT AND SUSTAINABILITY COMMISSION: SUSTAINABLE SLP ST. LOUIS PARK, MINNESOTA April 2, 2014 Banquet Room, Recreation Center MEMBERS PRESENT: Terry Gips, Caitlin Glennon, Rachel Harris, Alex Sundvall, Whitney Thesing, Mark Eilers, Ryan Griffin MEMBERS ABSENT: Chris Anderson, Tom Hillstrom, Renee McGarvey, Cindy Larson O’Neil, Judy Voigt, Mary Karius STAFF PRESENT: Cindy Walsh, Phil Elkin, Jamie Zwilling CONSULTANTS: Mike Lamb, Barr Engineering Company GUEST: Matt Stanaszek, resident and college student 1. The meeting was called to order at 6:35 p.m. Ryan Griffin shared his background and interest in serving on the Commission. Jamie Zwilling, Communications and Marketing Coordinator, summarized his position at the City and what his department can do to support the Commission. He anticipates attending future meetings. Matt Stanaszek introduced himself. He is a college student studying politics and was attending as part of a class project. 2. March meeting minutes were approved with one clarification – that The Natural Step training concluded at 9:19pm rather than 9:10pm. 3. a. Chair Harris handed out results from the small group exercise and asked Commissioner Gips how to reach a conclusion on The Natural Step training. Commissioner Gips explained that the small groups were meant to provide an “experience” of the process. He said the process would have to be more broad and inclusive with the larger community (residents, Council, other commissions, businesses and other stakeholders). He began by summarizing the survey he handed out last time and asked for feedback or questions. Comments were made, and a general discussion included facilitating a larger community-based process; engaging all of the city departments; and utilizing Green Step Cities data that has been implemented so far. A good point was made by Commissioner Thesing that 40% of the city’s population is renters and that a visioning process should also strive to include this population. Director of Operations and Recreation Cindy Walsh shared that they have very up-to-date information about City operations if needed. For example, they can monitor via real-time data where snow plows are, when and how much salt is being dispensed. Chair Harris reminded the Commission that a sustainable community vision is a major goal of the work plan that has been approved by the City Council. City Council Meeting of May 19, 2014 (Item No. 4k) Page 2 Title: Environment and Sustainability Commission: Sustainable SLP Meeting Minutes of April 2, 2014 b. Chair confirmed the remaining Commission meeting dates, times and locations for 2014. 4. a. Chair Harris introduced a review of the work groups and that there would be a standing agenda item each meeting for work group reports. As the City Liaison to the Commission, Phil Elkin is a resource for questions. Chair Harris also reminded the Commission about the technicalities of the open meeting law. Phil E. and Jamie Z further clarified. There were also questions about how the various work groups could stay in touch with one another or communicate. Jamie Z suggested a once a month summary report as an initial way to stay connected and share progress among the groups and that this could evolve over time. b. The priorities matrix will be the common tool for all the work groups when reporting back to the Commission. Chair Harris passed around a sample of the priorities matrix and summarized some ideas about moving forward with work groups. The following work groups provided progress or updates. • Green Step Cities – has not met but anticipate meeting with Jim Vaughan and with Phil Muessig, Green Steps Cities State Coordinator. Suggest meeting with Sustainability Associates and with other cities. • Reduce Carbon Emissions – no report; members not present • Environmentally Preferred Purchasing – has met 3 times over the past month; reviewed policies in Maplewood and Mahtomedi. Also referenced City of Minneapolis; Alameda County, CA; King County, WA; Dakota County, MN; and State of Minnesota policy • Energy – have met once. Some potential about combining with Reduce Carbon Emissions work group. Anticipate meeting with Jim Vaughan and Brian Hoffman • Sustainable SLP – have not met • Solid Waste – report tabled until next meeting • Water Resources – have not met. Exchanged some emails • Education and Behavior Change – have met once and considered a variety of initiatives 5. Chair Harris provided a reminder about the upcoming SW LRT Form-Based Codes meetings coming up in May. Chair Harris asked for Commissioner Glennon to give a brief report on the High School Science Fair at the May meeting. Chair Harris also provided a reminder about Health in the Park. 6. Commissioner Eilers made a motion to adjourn; Commissioner Thesing seconded. Meeting adjourned at 8:31pm. Meeting: City Council Meeting Date: May 19, 2014 Consent Agenda Item: 4l OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA APRIL 23, 2014 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Richard Person, Carl Robertson, Joe Tatalovich, Charlie Dixon (youth member) MEMBERS ABSENT: Robert Kramer, Lisa Peilen STAFF PRESENT: Ryan Kelley, Sean Walther, Nancy Sells 1. Call to Order – Roll Call 2. Approval of Minutes of February 5, 2014 Commissioner Robertson made a motion to approve the minutes of February 5, 2014. Commissioner Person seconded the motion, and the motion passed on a vote of 5-0. 3. Public Hearings Ryan Kelley, Associate Planner, stated that the three applications for consideration are for elementary school expansions related to conditional use permits for educational facilities with more than 20 students. He began by presenting common elements for all three projects. A. Amendment to Conditional Use Permit for Expansion and Addition Location: Peter Hobart Elementary School 6500 W. 26th St. Applicant: St. Louis Park Public Schools Case No.: 14-06-CUP Mr. Kelley presented the staff report. He said the request for a major amendment to a conditional use permit is for a two-story two-classroom addition, kindergarten classroom, expansion of the cafeteria, and redesign of a loading dock. He noted that landscaping will be installed on site. Five trees will be removed and six trees will be planted. Shrubs will also be planted. A rain garden will be installed south of the cafeteria. Sandy Salin, Director of Business, St. Louis Park School District, stated the elementary schools are at capacity as they have experienced increased enrollment over the last few years. Chair Carper opened the public hearing. As no one was present wishing to speak he closed the hearing. Commissioner Tatalovich noted that as a school board member he would abstain from voting on all three school applications. City Council Meeting of May 19, 2014 (Item No. 4l) Page 2 Title: Planning Commission Minutes April 23, 2014 Commissioner Robertson made a motion recommending approval of the major amendment to the conditional use permit, subject to conditions recommended by staff. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-0-1 (Tatalovich abstained). B. Conditional Use Permit for Addition Location: Aquila Elementary School 8500 W. 31st St. Applicant: St. Louis Park Public Schools Case No.: 14-07-CUP Mr. Kelley presented the staff report. He said the expansion is for a single story, three-classroom addition and includes the remodeling of two interior classrooms. He spoke about the landscaping to be added, which includes a rain garden on the south side of the property. Chair Carper opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Johnston-Madison made a motion recommending approval of the conditional use permit, subject to conditions recommended by staff. Commissioner Robertson seconded the motion, and the motion passed on a vote of 4-0-1 (Tatalovich abstained). C. Conditional Use Permit for Addition Location: Susan Lindgren Elementary School 4801 W. 41st St. Applicant: St. Louis Park Public Schools Case No.: 14-08-CUP Mr. Kelley stated that the project is for a two-story, two-classroom addition added to the west side of the school, set into the hillside. The project would also include remodeling the front entrance for more secure access. He spoke about the underground storm water retention system which will be added to the west of the addition. Mr. Kelley remarked that the school does not meet the City’s bike parking requirements. He noted that the School District is working with the Safe Routes to School Program on programs to provide additional bike parking at the site. Chair Carper asked why this project would have underground water retention rather than a rain garden like the Peter Hobart and Aquila projects. Mr. Kelley responded that a rain garden at the Susan Lindgren site might provide aesthetic value but because of the topography it would not sufficiently control run-off. An underground system would provide more appropriate control. Chair Carper asked when the bicycle parking would be brought into compliance. Sandy Salin, Director of Business, School District of St. Louis Park replied that the School District is taking into consideration the planning for providing additional spaces. City Council Meeting of May 19, 2014 (Item No. 4l) Page 3 Title: Planning Commission Minutes April 23, 2014 Mr. Kelley added that the plans indicate an area where future bike parking could be located. Michael Klass, Project Manager, Wold, introduced himself. Chair Carper opened the public hearing. Kristiana Hengel, 4829 W. 41st St., said her property borders Susan Lindgren School to the east and south. She said she has no issues with the school expansion. She said she does have an on-going landscaping issue with the school which she has never addressed. She said she thought this would be the time to take care of her landscaping problems. Ms. Hengel went on to say that buckthorn is located within the area of the property line, the school’s buckthorn. She said she purchased her home 11 years ago. Within the first few years of her residence there, the school removed a row of old growth trees in that area. Ms. Hengel stated that the school never came back to improve that area. She said that a few years ago the school removed a number of her trees on the southern border for the project to increase the parking space at the school. She was given two small maple trees in return. She remarked that area is also overgrown with buckthorn. Ms. Hengel said she hoped some kind of non-invasive landscaping could be installed there which would provide the visual barrier that used to exist with beautiful old growth trees. Sandy Salin, Director of Business, St. Louis Park School District, asked Ms. Hengel to contact her so the school can look at what can be done to alleviate this issue and work together to solve the buckthorn problem. Ms. Hengel asked how far the staircase will be from her property line. Commissioner Robertson said he estimated it is about 140 feet. Mr. Kelley said the building extension is approximately 38 feet, so the staircase might be 112-115 feet from the resident’s property line. Mr. Klass commented that he and the civil engineer have recently discussed pushing the staircase back towards the bridge which is closer to its current location. Chair Carper closed the public hearing. Commissioner Person said the expansion project was a good opportunity to solve the landscaping concerns of the resident. Commissioner Robertson made a motion recommending approval of the Conditional Use Permit, subject to conditions recommended by staff, and subject to providing landscaping which solves the buckthorn problem. Commissioner Johnston-Madison seconded the motion, and the motion passed on a vote of 4-0-1 (Tatalovich abstained). City Council Meeting of May 19, 2014 (Item No. 4l) Page 4 Title: Planning Commission Minutes April 23, 2014 4. Other Business 5. Communications Sean Walther, Senior Planner, said the next Planning Commission meeting will be on May 7 at 6 p.m. A new commissioner training will be offered at 5 p.m. Mr. Kelley spoke about the two form-based code workshops coming up on May 6 and May 20. He will send commissioners the workshop announcement. 6. Adjournment The meeting was adjourned at 6:35 p.m. Respectfully submitted, Nancy Sells Administrative Secretary Meeting: City Council Meeting Date: May 19, 2014 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Public Hearing for Southwest LRT Municipal Consent Plans RECOMMENDED ACTION: Mayor to open the public hearing, receive comments and close the hearing. No formal action at this time. POLICY CONSIDERATION: The public hearing is required as a part of the municipal consent process. SUMMARY: This public hearing is required under state law; all SWLRT cities, the Metropolitan Council and Hennepin County are each required to hold a public hearing on the municipal consent plans. The intent of the hearing is to receive comments; no discussion or action is necessary at this time. Formal action by the City is expected in late June or early July, prior to the deadline of July 14, 2014. An Open House on the project is being held prior to the City Council meeting at 6 pm at City Hall. For the hearing held this evening: The Municipal Consent plans that are the subject of the hearing can be accessed at http://metrocouncil.org/Transportation/Projects/Current- Projects/Southwest-LRT/Municipal-Consent/Plan-Documents.aspx For next steps, future work, planning and meetings: Plans for St. Louis Park are located at http://www.stlouispark.org/webfiles/file/community-dev/swlrt_plans.pdf These plans are less than 30% complete, and much more design work will be done over the coming months and years. City Staff and City Council are reviewing the base plans and working with the Southwest Project Office on specific elements in the plans. NEXT STEPS: • Staff and Council continue to review base plans (ongoing) • Preparation and discussion of a draft Municipal Consent Resolution • Consideration of Municipal Consent Resolution – no later than July 7th VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, Deputy City Manager Meeting: City Council Meeting Date: May 19, 2014 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: Approve Community Center Project – Schematic Design RECOMMENDED ACTION: Motion to approve entering into contracts not to exceed $400,000 for the schematic design of a potential Community Center. POLICY CONSIDERATION: Is Council supportive of entering into the schematic design phase of a Community Center? SUMMARY: The City Council discussed the possible next steps for a Community Center project at its April 28 and May 5, 2014 Study Sessions. As a result of those discussions, Council members asked that a report be prepared authorizing staff to enter into contracts necessary to complete the schematic design for a Community Center. Moving to the schematic design does not commit the City to the project. Rather, it gets us to the point of more accurate cost estimating and building renderings so that we could gather public input when the City Council is ready to take that step. The estimated cost for all of elements association with the schematic design phase is $400,000. The construction of a project of this scale happens in steps. All steps build on each other. Although they need to happen in order, there can be time in between each step. Nothing is lost by putting a hold on the project after the schematic design. The first step has been completed with the feasibility study. If the Council wishes to continue moving forward, the next steps to construction are as follows along with the cost associated with each step on a percentage basis. 1. Schematic Design ...................... 15% 2. Design Development ................. 20% 3. Construction Documents ............ 35% 4. Bidding ......................................... 5% 5. Construction Administration ...... 25% Staff will be pursuing contracts with three primary consultants to provide this schematic design phase: Hammel, Green and Abrahamson, Inc (HGA) for the architecture and engineering, RJM for the cost estimating, and American Engineering Testing for the soils testing and survey work. There may also be smaller contracts with other companies to assist in this phase of the process. FINANCIAL OR BUDGET CONSIDERATION: The costs associated with the schematic design phase would be paid for from the Park Improvement Fund (PIF). If the project moves forward, the PIF would be reimbursed after the City issues General Obligation Bonds. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Cindy S. Walsh, Director of Operations and Recreation Approved by: Nancy Deno, Deputy City Manager