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HomeMy WebLinkAbout2012/07/09 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA JULY 9, 2012 6:30 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – July 16 and July 23 2. 6:35 p.m. Beltline LRT Station Area Draft Design Guidelines 3. 7:20 p.m. Outdoor Lighting Ordinance 4. 7:50 p.m. Project Update - Highway 100 Reconstruction Project 5. 8:35 p.m. Communications/Meeting Check-In (Verbal) 8:40 p.m. Adjourn Written Reports 6. Eliot School Redevelopment Site 7. National League of Cities Service Line Warranty Program 8. Oak Hill II Office Building Project Update 9. Outstanding Citizen Award Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Meeting Date: July 9, 2012 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Special Meeting Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Special Session Other: TITLE: Future Study Session Agenda Planning – July 16 and July 23, 2012 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for a Special Study Session scheduled for July 16 and the regularly scheduled Study Session on July 23, 2012. POLICY CONSIDERATION: Does the Council agree with the agendas as proposed? BACKGROUND: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the tentative agenda and proposed discussion items for a Special Study Session scheduled for July 16 and the regularly scheduled Study Session on July 23, 2012. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Future Study Session Agenda Planning – July 16 and July 23, 2012 Prepared by: Debbie Fischer, Office Assistant Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of July 9, 2012 Page 2 Title: Future Study Session Agenda Planning – July 16 and July 23, 2012 Special City Council Meeting, July 16, 2012 – 6:30 p.m. Tentative Discussion Item 1. Pedestrian & Bicycle System Implementation Plan & Policy Review – Public Works (45 minutes) Continued discussion relating to the proposed CIP and the financial and public involvement plans for the proposed sidewalk, trail, and bikeway segments being considered by the Council. End of Meeting: 7:15 p.m. Study Session, July 23, 2012 – 6:30 p.m. (Councilmember Sanger Out) Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Eliot School– Community Development (45 minutes) The developer of the Eliot School site, Dan Hunt, will attend the meeting to review the proposed development and obtain Council feedback. The next steps for the project, which may include a request for financial assistance (TIF), will also be reviewed. 3. City Hall First Floor Reconfiguration – Inspections (45 minutes) Staff and architect will present the results from several employee meetings on a preferred first floor City Hall renovation. 4. Communications/Meeting Check-In – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session agenda for the purposes of information sharing. Reports 5. June 2012 Financial Report 6. Second Quarter Investment Report (April – June, 2012) 7. Xcel Energy Franchise Agreement 8. CenterPoint Energy Franchise Agreement End of Meeting: 8:10 p.m. Meeting Date: July 9, 2012 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Beltline LRT Station Area Draft Design Guidelines RECOMMENDED ACTION: The purpose of this agenda item is to discuss the draft Design Guidelines for the Beltline LRT station area, and recommendations for next steps. Two representatives from the Committee (Carl Robertson, Planning Commission and Bob Cunningham, Developer) will be present to assist in introducing the discussion. POLICY CONSIDERATION: Does the City Council wish to accept the Beltline Station Area Design Guidelines as developed through the Advisory Committee? BACKGROUND: The Beltline LRT Station Area Design Guideline process was kicked off with an Open House in November 2011, and an Advisory Committee was formed from that session. Over the past six months City Staff and consultants have been working with the Committee to create the Design Guidelines. The Guidelines are now prepared in draft form. The Executive Summary is attached, and the entire set of Guidelines can be found at http://www.stlouispark.org/develoment-planning- study.html Sixteen members served on the Advisory Committee, including representatives of neighborhoods, businesses, institutions, property owners and City Commissions. The Committee met five times and discussed planning and land use around the station area. There were several lively discussions, and the group walked the area to help imagine its future. Much of the discussion oriented around the idea of this station area being a new focal point. SUMMARY OF GUIDELINES The Design Guidelines set out a vision for the Beltline area as: “a transit-oriented hub for jobs, neighborhoods, and recreation. The future Beltline area will have a unique and well-defined sense of identity with strong connections to both local and regional destinations. New development will enhance and reinforce the Beltline area’s role as a regional employment center surrounded by desirable neighborhoods and a wealth of parks and open spaces.” Ten principles are set out in the Guidelines, as follows: 1. Create a unique sense of identity for the Beltline area 2. Weave together the distinct Beltline districts 3. Increase street connectivity and mobility 4. Assure superior walking and biking accessibility Study Session Meeting of July 9, 2012 (Item No. 2) Page 2 Subject: Beltline LRT Station Area Draft Design Guidelines 5. Foster the Beltline area as a growing regional employment center 6. Capture the value of transit 7. Promote transit-oriented development 8. Create a connected network of great public spaces 9. Advocate for a convenient, safe and pleasant transit station center 10. Manage parking effectively The Guidelines discuss new uses in and around the immediate station area, redevelopment possibilities, and creating a station area which is comfortable to access and be in because of the building placement, landscaping, the walk/bike network, lighting, station access and surrounding streets. Notably, if redevelopment occurs south of the station area in the Beltline Industrial Park, it is recommended that buildings address the street, to make for a comfortable pedestrian environment when traveling to the station. A “Priority Action Plan” is included which recommends the next steps toward achieving the framework set out in the Guidelines. These steps include much more planning with the circulation and access in the area. Circulation and Access Issues In February, the Council discussed circulation and access in the Beltline LRT station area. SRF Consulting attended the meeting and explained three concepts that were developed. The consensus of the Council at that meeting was to direct staff to further explore the concepts for improving circulation. Specifically, the Council gave direction to: not pursue connecting France Avenue to the south; determine how to increase capacity and safety on Ottawa without widening the roadway; continue to pursue a connection of Raleigh at CSAH 25 as a north-south connection; and pursue connecting Park Glen to Inglewood east of Beltline. The frontage road on the east side of Highway 100 was discussed. It was noted that the frontage road was taken out of the plans when MnDOT performed the value engineering and determined a direct exit onto Minnetonka Boulevard would result in a cleaner movement, be less costly, and would not result in losing any homes on the east side of the highway. North-south circulation could be improved with better connections at Raleigh and/or Inglewood on the east side of Highway 100; these options will be further studied. Work has continued on these issues, and several options for connections and improvements are being further pursued, including: • Connecting Park Glen east of Beltline Blvd to the north • Connecting Park Glen west of Beltline Blvd to the south • Determining if Raleigh Avenue can be connected to and/or across CSAH 25 • Determining what the design of Beltline Blvd should be in the future Options for improvements to CSAH 25, Ottawa and Minnetonka Blvd are also being explored. A more detailed discussion of circulation and access plans are scheduled for a Study Session in August. Study Session Meeting of July 9, 2012 (Item No. 2) Page 3 Subject: Beltline LRT Station Area Draft Design Guidelines NEXT STEPS: On June 13th, the Beltline LRT Advisory Committee recommended that the Design Guidelines be accepted by the City Council. The Guidelines would be presented for consideration at a future regular meeting, consistent with how other Design Guidelines have been incorporated into city plans in the past. This would include adding a reference and summary about the Guidelines in the Comprehensive Plan. For circulation and access options, staff recommends reconvening the Advisory Committee in the fall to further review circulation and access options. FINANCIAL OR BUDGET CONSIDERATION: Consulting services are funded by the Development Fund. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community, including promoting regional transportation issues including SW LRT and pursuing options for additional north/south connections in the community. Attachments: Executive Summary of Beltline Design Guidelines Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, Deputy City Manager/HR Director SAINT LOUIS PARK30000YEARSMAY 2012BELTLINE AREA FRAMEWORK & DESIGN GUIDELINESCITY OF ST. LOUIS PARK, MINNESOTAStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 4 PAGE IICITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESACKNOWLEDGEMENTSPLANNING AND DESIGN CONSULTANTS:FOR FURTHER INFORMATION CONTACT:MAYOR AND CITY COUNCIL:BELTLINE ADVISORY COMMITTEE: 123 North Third StreetSuite 100Minneapolis, MN 55401P: (612) 338 0800F: (612) 338 6838website: www.hkgi.comGreg Ingraham Jeff McMenimenJeff Miller30000YEARSStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 5 PAGE IIICITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESCREDITSPHOTOGRAPHS USED THROUGHOUT THIS DOCUMENT ARE COPYRIGHTED BY THE FOLLOWING INDIVIDUALS, ORGANIZATIONS, OR PRIVATE FIRMS:• Metropolitan Design Center, University of Minnesota• SWA Group• Design Workshop• PBIC Image Library• Project for Public Spaces• Kevin Perry, Bureau of Environmental Services, City of Portland• Atelier Dreiseitl WaterscapesStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 6 PAGE IVCITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESTABLE OF CONTENTSEXECUTIVE SUMMARYSECTION I: FRAMEWORKChapter 1: Beltline Area TodayA. Evolution of Beltline AreaB. Existing CharacterC. Southwest LRT PlanningChapter 2: Vision, Guiding Principles & Development PatternsA. VisionB. Guiding PrinciplesC. Land Uses & Buildings PatternsD. Connectivity & Access PatternsChapter 3: Beltline Character DistrictsA. Beltline Boulevard Transit StreetB. Beltline/Nordic Ware Business ParkC. Bass Lake Preserve Pocket NeighborhoodD. CSAH 25 South WedgeE. Triangle NeighborhoodSECTION II: DESIGN GUIDELINESChapter 4: Public Systems & Spaces Design GuidelinesA. Streets1. Street Network & Design2. Sidewalks3. Walk/Bike Crossings4. On-Street Bikeways5. Bus Facilities6. Traffi c Calming7. Lighting8. Street Plantings9. Street Furnishings10. Community Identity/Public ArtB. Transit Station1. Transit-Oriented Development2. Walk/Bike Accessibility3. Bus/Shuttle Accessibility4. Safety, Security and Comfort5. Community Identity/Public ArtC. Walk/Bike Network1. Local Network2. Cedar Lake Regional TrailD. Open Space, Parks and Plazas1. Parks and Open Spaces2. PlazasE. Public ParkingF. SignageG. Stormwater ManagementH. UtilitiesStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 7 PAGE VCITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESChapter 5: Private Development Design GuidelinesA. Site Development 1. Building Placement and Setbacks2. Landscaping3. Stormwater Management4. Walk/Bike ConnectionsB. Buildings1. Uses2. Height and Massing3. Form and Façade4. Roofs5. Exterior Building Materials6. Entries7. Green DesignC. Private Off-Street ParkingD. Service, Delivery & Storage AreasE. LightingF. SignageGLOSSARYStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 8 EXECUTIVE SUMMARYPAGE 1CITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESThe proposed Southwest LRT line connecting Minneapolis to St. Louis Park, Hopkins, Minnetonka and Eden Prairie will travel in the existing railroad corridor located on Hennepin County Regional Railroad Authority (HCRRA) property just south of and largely parallel to CSAH 25/TH 7. Current LRT plans show the future Beltline Transit Station being located just southeast of the intersection of Beltline Boulevard and CSAH 25. The Beltline Station study area is generally defi ned as the area between TH 100 (west), Excelsior Boulevard/CSAH 3 (south), France Ave (east), and Minnetonka Boulevard/CSAH 5 (north). The Beltline Station study area encompasses three defi ned neighborhoods within St. Louis Park: Wolfe Park, Triangle and Minikahda Oaks. The purpose of the Beltline Area Framework & Design Guidelines is to provide a guide to help shape future changes in the Beltline area. In light of the future addition of a Beltline Transit Station, the Beltline area will continue to evolve with other infrastructure changes, redevelopment and reinvestment. The Framework describes the future vision for the Beltline area and the Design Guidelines provide recommendations for the design of future public and private investment in the Beltline area.The Framework envisions the Beltline area as a transit-oriented community hub for jobs, neighborhoods, and recreation. The future Beltline area will have a unique and well-defi ned sense of identity with strong connections to both local and regional destinations. New development and redevelopment will enhance and reinforce the Beltline area’s role as a regional employment center surrounded by desirable neighborhoods and a wealth of parks and open spaces.EXECUTIVE SUMMARYThis future vision is supported and reinforced by 10 guiding principles, which are:1. Create a unique sense of identity for the Beltline area2. Weave together the distinct Beltline districts3. Increase street connectivity and mobility4. Assure superior walking and biking accessibility5. Foster the Beltline area as a growing regional employment center6. Capture the value of transit7. Promote transit-oriented development8. Create a connected network of great public spaces9. Advocate for a convenient, safe and pleasant transit station center10. Manage parking eff ectivelyThe Framework also describes the preferred development pattern for the Beltline area, including land uses, development form, connectivity/access, mix of distinct Beltline “character districts”, and Beltline’s overall area identity.The Design Guidelines provide design guidance for future private development and public systems/spaces in the Beltline area. The private development design guidelines address site development, buildings, parking, service/delivery/storage areas, signage, and lighting within the Beltline Area. The public systems/spaces design guidelines address the development of all future above ground, visible elements of the public environment including street and roadway Study Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 9 EXECUTIVE SUMMARYPAGE 2CITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESdesign, sidewalks and trails, public gathering spaces, public transit and parking facilities, storm water management and utility structures.The Framework and Design Guidelines are advisory and are intended to complement the City’s policies and regulations.Priority Action Plan Recommended initial action step to implement the Framework for the Beltline area are:1. Pursue rezoning of employment-oriented areas to the Business Park (BP) zoning designation and address the land use designation and zoning for mixed-use areas.2. Prepare a detailed bicycle and pedestrian connectivity plan for the Beltline area.3. Begin planning, funding and concept design work for the redesign of CSAH 25 (east of Beltline/Ottawa) from a divided highway to an urban street. Work with Hennepin County to get the project in its work plan as a priority project for planning, design and funding. 4. Use the Beltline Design Guidelines with Metropolitan Council and Hennepin County during the upcoming Southwest LRT Transitional Station Area Action Plan and Preliminary Engineering processes to help shape the Beltline area LRT design.5. Prepare a feasibility analysis of key Beltline area transportation projects - new street connections (e.g. north-south, Park Glen Road, Raleigh, 32nd Street), the Beltline/Ottawa and CSAH 25 intersection, the LRT line/railroad and Beltline/Cedar Lake Trail intersection and the CSAH 25,east of Beltline/Ottawa, urban street design.6. Consider creating a transit station area overlay zoning district for the Beltline transit station area.7. Conduct a detailed redevelopment study of areas adjacent to CSAH 25 in conjunction with the redesign of the roadway.Existing patterns of the Beltline areaStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 10 Study Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 11 FRAMEWORKStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 12 FRAMEWORK - BELTLINE AREA TODAYPAGE 5CITY OF ST. LOUIS PARK - BELTLINE AREA DESIGN GUIDELINESFigure 1.1: Planned Southwest LRT route and stationsStudy Session Meeting of July 9, 2012 (Item No. 2) Subject: Beltline LRT Station Area Draft Design GuidelinesPage 13 Meeting Date: July 9, 2012 Agenda Item #: 3 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Outdoor Lighting Ordinance RECOMMENDED ACTION: The purpose of this agenda item is to discuss the proposed revisions to the Outdoor Lighting standards in the Zoning Ordinance. POLICY CONSIDERATION: What are the appropriate and enforceable lighting standards? BACKGROUND: On April 9, 2012, the City Council discussed revisions to the lighting ordinance at a Study Session. Work on the ordinance has continued; the Planning Commission has reviewed the ordinance in a study session and a public hearing has been scheduled before the Planning Commission for July 18, 2012. The City Council asked that the proposed ordinance return to a Study Session for review; attached is the draft ordinance with revisions. ORDINANCE CONSIDERATIONS: Recent concerns by citizens in relation to outdoor recreational lighting have prompted staff to evaluate our ordinance provisions. In particular, the following items were identified to be addressed: • The feasibility of achieving the city’s requirements related to seeing a light source from off-site; • The glare and spillover light requirements; • How to regulate a wide variety of types of outdoor lighting; • Clarifying the measurement methods. To address these items, the City hired HKGi to research issues and practices of regulating outdoor lighting, and propose revisions to the ordinance. The proposed ordinance includes: • Additional definitions including: glare, luminaire, full cutoff, semi-cutoff, fully shielded, flood light, indirect light and spill light. • Removing the requirement that a light source or its reflected image cannot be viewed from off-site. It appears this requirement is nearly impossible to meet. • Replacing the viewing requirement with new standards for the type of fixtures, shielding of lights, aiming the standards appropriately and measures for glare control. • Treating outdoor recreational lighting as a specialized use. Study Session Meeting of July 9, 2012 (Item No. 3) Page 2 Subject: Outdoor Lighting Ordinance • Adding revised regulations for recreational facilities, including maximum levels of illumination, measure methods, fixture shielding and aiming, maximum fixture heights and higher spillover lighting maximums. • A new method of measuring recreational lighting to more accurately reflect the direct lighting impacts on residential properties. Measuring would be by facing a light meter directly at the light source at 3 feet above grade at the residential property line. This method directs the light meter at the light source and results in higher readings than our past measurement methods. As a result, the proposed measurement standards are therefore higher; the proposed standard for recreational lighting adjacent to residential dwellings would be 1.5 footcandles at the residential property line. This standard would have to be met when the lights are initially installed; some reduction in the footcandles is expected to occur over time resulting in lower actual lighting over the life of the lights. The proposed revisions to the ordinance require more attention and require more information prior to the initial installation of the lights, providing a better understanding of the impacts of outdoor lighting. NEXT STEPS: A public hearing before the Planning Commission has been set for July 18th. The ordinance is tentatively scheduled for a first reading at a City Council meeting in August. FINANCIAL OR BUDGET CONSIDERATION: The consulting fees will be paid from the Development Fund. VISION CONSIDERATION: Not applicable. Attachments: Proposed Outdoor Lighting Ordinance Summary Memo on Outdoor Lighting Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Draft Outdoor Lighting Ordinance July 9, 2012 1 Sec. 36-363. Outdoor lighting. (a) Purpose. The purpose of this section is to minimize the adverse effect of light and glare on operators of motor vehicles, pedestrians, and on residential and other land uses in the vicinity of a light source in order to promote traffic safety and to prevent the nuisances associated with the intrusion of spill light and glare. (b) Applicability. The requirements of this section apply to all outdoor lighting, except lighting for signs which are covered under section 36-362, and for street lighting within public rights-of-way. (c) General provisions. (1) Lighting plan. Submittal of a lighting plan shall be required to ensure compliance with the purpose of this section for all new development, redevelopment, and additions other than single-family and two-family dwelling units. The city may also require a lighting plan for any proposed new light source. This lighting plan shall include the following: a. A site plan showing locations of buildings, parking areas, landscaping, and all proposed outdoor lighting fixtures; b. Proposed mounting height of each outdoor lighting fixture; c. Descriptions of each proposed outdoor lighting fixture including but not limited to manufacturers catalog specifications sheets, photometric data, IESNA “cutoff” fixture designation, glare control package, type of lamp (e.g. high pressure sodium, metal halide, mercury vapor, fluorescent induction), lamp color temperature, and on/off control devices. d. An illuminance grid (point-by-point) plot of footcandles overlaid on the site plan, plotted out to 0.0 footcandles, indicating the location and aiming of outdoor lighting fixtures in compliance with the regulations of this section. (2) Maximum illuminance levels. Outdoor lighting shall not exceed the maximum maintained illuminance levels as recommended by the Illuminating Engineering Society of North America (IESNA). (3) Measurement. Post-installation lighting levels shall be measured after dark at the property line of the adjacent property by facing a light meter directly at the light source at 3 feet above grade. (4) Spill light and glare. Outdoor lighting shall be designed and arranged to limit spill light and glare on adjacent properties. Reflected glare or spill light shall not exceed five-tenths (0.5) footcandle when the source of light abuts any residential property or one (1.0) footcandles when the source of light abuts any commercial or industrial property. (5) Hours of operation. The city may limit the hours of operation of outdoor lighting equipment if the city believes it necessary to reduce the impact of light on the surrounding neighborhood. (6) Prohibited lighting. No flickering or flashing lights shall be permitted. (7) Luminaire design. a. For the lighting of predominantly horizontal surfaces, luminaires shall be aimed straight down and shall meet full cutoff criteria unless ornamental light fixtures are installed in the Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 3 Draft Outdoor Lighting Ordinance July 9, 2012 2 manner provided in a site and building plan approved by the city. Ornamental fixtures may be approved when the developer can demonstrate that undesirable off-site impacts stemming from direct or reflected views of the light source are eliminated by the fixture design or location of the lighting fixture. b. For the lighting of predominantly non-horizontal surfaces, such as building facades, landscaping, fountains, displays and statuary, luminaires shall be located, aimed and shielded so as to not project their beam onto abutting properties, past the object being illuminated, skyward or onto a public roadway. The lighting shall be fitted with such devices as shields, barn doors, baffles, louvers, skirts or visors to minimize spill light and glare impacts. (8) Maximum mounting height. Light poles or standards for exterior lighting shall not exceed a height of 45 feet, except that poles or standards on the top level of parking structures shall not exceed 25 feet. (d) Recreational lighting provisions. Because of its unique requirements for nighttime visibility of recreational activities and limited days/hours of operation, outdoor recreational facility lighting is exempt from the outdoor lighting standards of section (c) above. An outdoor recreational facility that has illuminated playing fields, courts or performance spaces shall be subject to the following standards: (1) Luminaire design. All outdoor recreational lighting fixtures shall be full cutoff design or directionally shielded. Lighting fixtures shall also be aimed to ensure that their beams fall within the primary playing area of the fields/courts/tracks or primary performance space and immediate surroundings so that spill light and glare on adjacent properties are minimized. (2) Glare control. All outdoor recreational lighting fixtures shall be of a manufacturer and type that offers a glare control package and shall be fitted with the manufacturer’s glare control package. (3) Maximum illuminance levels. All outdoor recreational lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the proposed recreational activity as recommended by the Illuminating Engineering Society of North America (IESNA). (4) Maximum spill light levels. Spill light shall be minimized to the greatest extent possible given the unique illumination constraints of the outdoor recreational facility. Since outdoor recreational facilities require much higher lighting levels than other outdoor lighting uses and are in operation for limited periods of time, the maximum spill light level allowed is also higher. When an outdoor recreational facility abuts a residential dwelling unit, it shall be designed so that the illumination at the residential property boundary line that is attributable to the recreational lighting does not exceed 1.5 vertical footcandles. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 4 Draft Outdoor Lighting Ordinance July 9, 2012 3 (5) Maximum mounting height. The mounting height of outdoor recreational lighting fixtures shall not exceed a maximum height of eighty (80) feet. The City Council may approve additional height if it is shown as necessary to reduce spill and glare and has no additional adverse impacts. (6) Hours of operation. The use of outdoor recreational lighting shall not be permitted between the hours of 11:00 PM and 7:00 AM. The main lighting shall be turned off no later than one hour after an event ends. Where feasible, a low level lighting system shall be installed to be used for patrons leaving the facility, cleanup, nighttime maintenance and other closing activities. (7) Visual impact plan. To assist the City in determining whether the potential impacts of proposed outdoor recreational lighting have been suitably managed, applications for illuminating outdoor recreational facilities shall be accompanied not only with the information required under section (c) above but also by a visual impact plan that contains the following: a. Plan views containing a layout of the outdoor recreational facility, showing light pole locations, and showing the location of abutting residential properties and structures. b. Elevations containing pole and luminaire mounting heights, horizontal and vertical aiming angles and luminaire arrays for each pole location. c. Elevations containing illuminance plots at the boundary of the adjacent property, taken at a height of three (3) feet. d. Proposed frequency of use of the outdoor recreational facility during hours of darkness on a month-by-month basis and proposed time when the recreational lighting will be switched off. e. A narrative describing the measures proposed to achieve minimum off-site disturbance. Definitions: Cutoff or Shielded – An outdoor light fixture constructed or shielded in such a manner that no more than 2.5 percent of its light occurs above the horizontal plane of the fixture, and no more than 10 percent of its light occurs above 80 degrees. Direct Light – Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or other diffuser lens, of a luminaire. Footcandle – The basic unit of illuminance or the amount of light falling on a surface. One footcandle is approximately equal to the illuminance produced by a light source of one candle in intensity, measured on a surface at a distance of one foot from the light source. Footcandles can be measured both horizontally and vertically by a footcandle or light meter. Full Cutoff or Fully Shielded – An outdoor light fixture constructed or shielded in such a manner that no light occurs above the horizontal plane and no more than 10 percent of its light occurs above 80 degrees. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 5 Draft Outdoor Lighting Ordinance July 9, 2012 4 Glare – The sensation produced directly by a light source or indirectly from reflective surfaces within the visual field that is sufficiently brighter than the level to which the eyes are adapted, which can cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted. Illuminance – The amount of light falling on any point of a surface, typically measured in footcandles (or lux in the metric system). Indirect Light – Direct light that has been reflected or scattered off of other surfaces. Lamp – The component of the luminaire that actually produces the light, more commonly known as a bulb. Light Spill – Light that falls beyond the boundaries of the property on which the lighting installation is located and because of quantitative, directional or spectral content causes annoyance, discomfort, or loss in visual performance and visibility. Lumen – A unit used to measure the actual amount of light that is produced by a light source. The lumen quantifies the amount of light energy produced by a lamp at the lamp, not by the energy input, which is indicated by the wattage. For example, a 75-watt incandescent lamp can produce 1,000 lumens while a 70-watt high-pressure sodium lamp can produce 6,000 lumens. Luminaire or Fixture – The complete lighting assembly or fixture (including but not limited to the lamps, housing, ballasts, photocells, reflectors, lenses, shields, visors, louvers) but not the support assembly (poles or mounting brackets). Mounting Height – The vertical distance as measured from the ground directly below the centerline of the luminaire to the lowest light-emitting part of the luminaire. Ornamental Lighting – Lighting that is installed mainly or entirely for its decorative effect rather than as an aid to visibility. Semi Cutoff or Partially Shielded – An outdoor light fixture constructed or shielded in such a manner that no more than 5 percent of its light occurs above the horizontal plane of the fixture, and no more than 20 percent of its light occurs above 80 degrees. Shielded – A luminaire from which no direct glare is visible at normal viewing angles by virtue of its being properly located, aimed, oriented, and properly fitted with spill and glare control devices, such as shields, barn doors, baffles, louvers, skirts, inserts, visors and reflectors. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 6 Hoisington Koegler Group Inc. Creating Places that Enrich People’s Lives Page 1 of 5 To: St. Louis Park Planning Staff From: Jeff Miller (HKGi) Date: March 5, 2012 Re: Exterior Lighting Ordinance Study As part of the City’s Exterior Lighting Ordinance Study, Hoisington Koegler Group Inc.’s (HKGI) work has included review and clarification of the City’s critical exterior lighting ordinance issues, research of national/local lighting best practices and model ordinances, and summarization of findings relevant to St. Louis Park’s issues. Although our research has been focused on outdoor recreational lighting, in particular, we also identified general opportunities for improving the City’s Exterior Lighting Ordinance. This literature review and analysis of the City’s ordinance establishes the basis for general recommendations of potential amendments to the City’s Exterior Lighting Ordinance. Based on these general recommendations, we are preparing an updated Exterior Lighting Ordinance for consideration by the City. I. Critical Issues Related to Exterior Lighting Ordinance As a result of recent concerns expressed by neighbors of the new Benilde-St. Margaret’s outdoor recreational facilities and the City’s recent field survey of outdoor recreational facilities throughout the community, the City has identified potential issues with its Exterior Lighting Ordinance. Based on consultation with City Staff and our preliminary review of this ordinance, it is our understanding that the critical issues to be addressed by the Exterior Lighting Ordinance Study include the following: a. Feasibility of achieving the City’s ordinance requirement (c)(7) under General Provisions which states that “Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site…” for both outdoor recreational lighting and other lighting situations. b. Appropriateness of the current glare or spillover light requirement when applied to the specialized and complex needs of outdoor recreational lighting, since the City’s field survey found that most of the existing outdoor recreational lighting is not meeting this requirement. c. Since outdoor recreational lighting involves a wide variety of unique viewing needs, technical complexities, and limited days/hours of operation, the City’s current ordinance designates it as a separate section. However, new or replacement outdoor recreational lighting is required to meet most of the same standards as all other exterior lighting. Need to determine what types of standards are desirable and achievable for outdoor recreational lighting. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 7 Page 2 of 5 d. The current ordinance contains measurement requirements that are scattered across multiple standards and reference an outside source – IES Handbook 5th Addition. This situation fails to establish a clear measurement method. Additionally, since outdoor recreational lighting is often intended to illuminate vertical surfaces rather than horizontal surfaces, measurement methods and standards may differ from other lighting situations. II. Best Practices Literature Reviewed HKGi has conducted a review and evaluation of the best practices literature for exterior lighting ordinances relevant to the City of St. Louis Park exterior lighting issues. This review encompassed other cities’ lighting ordinances, model lighting ordinances, and other best practices literature, including the following: a. Batinsey, John, “New Jersey Outdoor Lighting Ordinance Guide”, 2008. b. Chittenden County (VT) Regional Planning Commission, “Outdoor Lighting Manual for Vermont Municipalities”, May 1996. c. City of Mankato, MN, “Exterior Lighting Ordinance”. d. City of Plymouth, MN, “Exterior Lighting Ordinance”. e. City of Raleigh (NC), “Code of Ordinances (Part 10 – Planning and Development, Chapter 2 – Zoning, Article E – Supplementary Regulations and Exemptions, Section 10-2089 – Lighting)”, 2001. f. City of Redmond (WA), “Community Development Guide (Part 20D – Citywide Regulations, Section 20D.90 – Exterior Lighting Standards)”, 2001. g. City of Rochester, MN, “Exterior Lighting Standards Ordinance”. h. County of Coconino (AZ), “Zoning Ordinance (Section 17 – Lighting)”, 2001. i. County of Fairfax (VA), “Zoning Ordinance (Article 14 – Performance Standards, Part 9 - Outdoor Lighting Standards)”, 2003. j. County of Fort Bend (TX), “Orders for Regulation of Outdoor Lighting in the Unincorporated Areas of Fort Bend County, Texas”, 2004. k. Crawford, David L., “Bright Days, Dark Nights: Regulating Light”, Zoning Practice, July 2004. l. International Dark-Sky Association, “Outdoor Lighting Code Handbook” (Version 1.14), September 2002. m. International Dark-Sky Association, “Simple Guidelines for Lighting Regulations for Small Communities, Urban Neighborhoods, and Subdivisions”. n. International Dark-Sky Association (IDA) and Illuminating Engineering Society (IES), “Joint IDA-IES Model Lighting Ordinance with User’s Guide”, June 15, 2011. o. Metropolitan Government of Louisville-Jefferson County (KY), “Land Development Code (Chapter 4 - Generally Applicable Development Standards, Part I – General Compatibility Standards, Section 4.1.3 – Lighting)”, 2010. p. Pennsylvania Outdoor Lighting Council, “Model Outdoor Lighting Ordinance for Inclusion in Zoning Ordinances”, September 2011. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 8 Page 3 of 5 q. Prince William County (VA), “Zoning Ordinance (Article II Part 250 – General Performance Standards, Section 32-250.200 – Outdoor Lighting)”, 2004. r. Town of Holly Springs (NC), “Unified Development Ordinance (Section 7 – Special Regulations, Chapter 7.02 – Lighting Standards)”, 2010. s. Village of East Hampton (NY), “Village Code (Chapter 188 – Outdoor Lighting”, 2005. t. Virginia Outdoor Lighting Taskforce (VOLT), “VOLT Simple Model Lighting Ordinance”, 2010. III. Findings Relevant to SLP’s Exterior Lighting Issues Our research and evaluation resulted in the following findings: a. Due to the unique needs, technical complexities, and limited days/hours of operation of outdoor recreational lighting, it is typically not subject to all of the general standards of an exterior lighting ordinance. Municipal ordinances typically treat outdoor recreational lighting in one of three ways: 1. an exempt use with special regulations; 2. an exempt use with special regulations and requirement of a lighting plan; 3. a conditional use requiring a permit. b. The City’s ordinance requirement (c)(7) under General Provisions of “Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site…” seems to be very atypical. In particular, this requirement was not found in any of the Outdoor Recreational Lighting sections of ordinances. c. The City’s ordinance (c)(4) under General Provisions requires that glare or spillover light be limited to 0.5 FC at the property line of any abutting residential parcel and 1.0 FC at the property line of any abutting commercial or industrial parcel or public right-of-way. New or replacement outdoor recreational lighting is subject to this requirement. Our research found that these traditional glare/spillover light standards vary somewhat by place. For residential property lines, they range from 0.1 to 2.0. For non-residential property lines and public right-of- way, they range from 0.75 to 2.0. Some city ordinances and model ordinances do not include specific numeric limits; instead, the focus is on requirements for the types of fixtures required (e.g. full cut-off), shielding and maximum wattage allowed. In particular, the model ordinances do not favor the traditional method of defining spillover light with maximum FC standards. By focusing on the maximum light level at the property line, the traditional method fails to address light that is not directed toward the ground and glare. Rather than relying on spillover light maximums, the model ordinances recommend addressing outdoor recreational lighting issues with the requirement of submission of a lighting plan prepared by a qualified lighting designer. d. Best practice and model ordinances contain stronger requirements for shielding, certain types of light fixtures, aiming, and glare control packages, in general and for outdoor recreational lighting. The City’s ordinance language is not very specific on this issue. e. The model ordinances advise against the inclusion of references to outside sources. For instance, the City’s ordinance refers to the IES Handbook 5th Addition. It is preferable to include Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 9 Page 4 of 5 definitions in the lighting ordinance. The City’s Zoning Ordinance does not appear to include any definitions related to exterior lighting. f. Many best practice and model ordinances contain standards for controlling the maximum allowed lighting levels on outdoor recreational areas rather than spillover lighting levels, which can ultimately contribute to reducing spillover lighting levels. g. Many best practice and model ordinances contain clear and specific descriptions of the required measurement methods for lighting levels. Currently, the City’s measurement method requirements are scattered between three standards – (c)(2), (c)(3), and (c)(4). It may be appropriate for measurement methods to differ between outdoor recreational lighting and other lighting situations. h. The establishment of “lighting zones” offers a method for establishing lighting levels for different types of areas within a community based upon the types of activities located there, e.g. natural areas, predominately low density residential areas, business districts, transportation corridors, and recreational areas. The City of Plymouth has three lighting zones and an official Lighting Zone Map that essentially functions like an overlay district. IV. General Recommendations for SLP’s Ordinance Based on our finding from the literature review of exterior lighting best practices and model ordinances, we have identified some general recommendations that the City should consider for improving its Exterior Lighting Ordinance, including the following: a. Remove the reference requirement (c)(2) to the outside source, IES Handbook 5th Addition, and add a Definitions section to the ordinance, such as glare, luminaire, full cutoff, semi-cutoff, fully shielded, flood light, maintained footcandles/luminance level, light trespass, indirect light and spill light. Alternatively, definitions relating to exterior lighting could be added to the Zoning Ordinance’s general definitions section (Section 36-4). b. Remove requirement (c)(7) under General Provisions of “Lighting equipment shall not be placed or permitted to remain on a site if the light source or its reflected image can be viewed directly from a location off the site…” and replace with more specific standards for required fixtures types, shielding, aiming, and glare control. c. Treat outdoor recreational lighting as a special use with its own special regulations and require submission of a lighting plan prepared by a qualified lighting designer. Consider the benefits of treating outdoor recreational lighting as a conditional use permit. In addition to submission of a lighting plan, special regulations for outdoor recreational lighting to consider are maximum levels of illumination allowed, appropriate measurement methods for outdoor recreational lighting (e.g. vertical measurements), fixture shielding/aiming, fixture heights, and higher spillover lighting maximums. d. Consider whether other types of lighting should be treated as special uses with unique regulations, such as service station canopies, outdoor display areas, building façade lighting, etc. e. Consider adding sections for exempt lighting uses, temporary lights, and prohibited lights. Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 10 Page 5 of 5 f. Consolidate the various measurement method requirements into a separate section. g. Preliminary recommendation for the ordinance sections is as follows: i. Purpose/intent ii. Applicability iii. Definitions iv. General provisions/standards for exterior lighting • Light distribution plan submission • Maximum lighting levels • Shielding, aiming, glare controls • Fixture heights • Curfews/hours of operation v. Special uses (outdoor recreational lighting, others?) vi. Exempt uses vii. Temporary uses viii. Prohibited uses ix. Measurement Study Session Meeting of July 9, 2012 (Item No. 3) Subject: Outdoor Lighting Ordinance Page 11 Meeting Date: July 9, 2012 Agenda Item #: 4 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Project Update - Highway 100 Reconstruction Project RECOMMENDED ACTION: The purpose of this discussion will be to update the Council on recent project development activities and to present a schedule of upcoming project steps and activities. POLICY CONSIDERATION: Staff is interested in questions, comments, or concerns Council may have regarding: 1. Does Council have any questions regarding the final geometric layout, proposed noise walls, storm water ponding areas, or possible right of way vacation? 2. Public art could be developed for bridges, noise walls, along trails, or trail head areas; would Council like staff to pursue public art in this project and to what extent? 3. Does Council have any questions regarding the overall project schedule? 4. Does Council have any questions regarding the Municipal Consent process, noise wall determination process, or the proposed schedule? BACKGROUND: History - At the September 8, 2008 Study Session Council was provided information and an update regarding staff’s evaluation and investigation into improving north-south transportation options as identified in the Vision St. Louis Park process. A copy of the SEH Technical Memorandum, St. Louis Park TH 100 Underpass Study – Forecasting Methodology – Draft dated August 11, 2008 was also provided to the Council then. At the January 24, 2011 Study Session, City and Mn/DOT staff explained Concepts B and C and answered questions regarding the project. Council expressed an interest in an earlier version of Concept C that included a two way frontage road on the east side of Highway 100 south of Minnetonka Boulevard, and retention of the W. 27th Street entrance ramp to southbound Highway 100. Additional issues were identified such as determining the impact on Toledo Avenue homes, minimizing cut-through traffic in the neighborhoods, retaining full access between Minnetonka Boulevard and Highway 100, the potential need for noise walls, and maintaining the existing trail along the east side of the highway. Other issues discussed included mitigating congestion on Highway 100 to reduce local traffic, the future of Utica Avenue north of Minnetonka Boulevard, the design of the Minnetonka Boulevard Bridge to include accommodations for pedestrians and bicycles, as well as other possible property impacts and safety considerations. At the February 7, 2011 Study Session, staff informed Council that Mn/DOT proposed closing the W. 27th Street entrance ramp to southbound Highway 100 for Concepts B, C, and D. Council expressed significant concern over the proposed closure of the W. 27th Street entrance ramp and requested staff to evaluate impacts and possible mitigation associated with that closure. Council also expressed a desire to discuss north - south transportation needs in the City and how they related to the proposed Highway 100 project. At the March 7, 2011 Study Session staff Study Session Meeting of July 9, 2012 (Item No. 4) Page 2 Subject: Project Update - Highway 100 Reconstruction Project presented impacts (traffic projections or shifts and right of way implications) for the various W. 27th Street entrance ramp options. Council then directed staff to conduct a meeting(s) to obtain area property owner input on the ramp options, traffic impacts, access needs, and possible street changes near the W. 27th Street ramp. Council was presented a report providing information regarding changes in Mn/DOT’s noisewall installation practice and how that new policy was expected to relate to the Highway 100 project. At the June 27th Study Session, staff updated Council on results of the public involvement process and input that had been received regarding the W. 27th Street entrance ramp options under consideration. Council conveyed a preference to extending the ramp south to Minnetonka Boulevard as a separate southbound ramp merging with Highway 100 exit traffic on the east side of the Holiday Station. Council directed staff to convey their ramp preference to area residents and respond to comments, if any. In addition, Council informed staff they desired to solicit residents to sit on Mn/DOT’s proposed Noise Advisory Committee (NAC). Area residents were notified of this ramp preference during July and no comments were received. During August staff informed Mn/DOT that Council was interested in Mn/DOT pursuing Concept C with enhancements (a two way frontage road on the east side of Highway 100 south of Minnetonka Boulevard and a one way southbound frontage road on the west side of Highway 100 south of Minnetonka Boulevard) and ramp Option D at the W. 27th Street entrance ramp. From September, 2011 through November, 2011, Mn/DOT conducted a Value Engineering (VE) Study and performed a traffic modeling and operational analysis for this project. As a result of City comments and these engineering activities, Mn/DOT developed a proposed geometric layout for the project. This was all presented to Council at a Study Session on December 12, 2011. 1. Added an exit ramp from northbound Highway 100 to Minnetonka Boulevard 2. Eliminated the northbound connection on the east side of Highway 100 between Highway 7 / Highway 25 and Minnetonka Boulevard (no longer needed due to the added exit ramp to Minnetonka Boulevard) 3. Added a southbound connection on the west side of Highway 100 between Minnetonka Boulevard and Highway 7 4. Revised the exit and entrance ramps on the west side of Highway 100 at the Highway 7 interchange. Based on a preliminary evaluation, the revised ramp intersection on the west side of the bridge may not need to be signalized. 5. Retained the W. 27th Street entrance ramp as it exists except it is relocated north about 200’ (to immediately south of the existing overhead pedestrian bridge) Mn/DOT conducted a traffic modeling and operational analysis on this new layout and has concluded that the proposed layout will operate acceptably. Upon further comments and review, the layout was subsequently tweaked with minor adjustments (dated February 9). Staff verified in March of 2012 (with the help of a consultant) that the layout as designed will operate acceptably. Mn/DOT also completed a detailed drainage analysis and preliminary engineering with regards to addressing storm water, utilities, and other environmental impacts, including noise. Staff solicited further feedback from internal stakeholders such as police and fire, and Hennepin County during this time. Study Session Meeting of July 9, 2012 (Item No. 4) Page 3 Subject: Project Update - Highway 100 Reconstruction Project Public “subgroup” informational meetings were conducted on April 24 and May 1 to solicit feedback from residents and property owners located more immediately adjacent to Highway 100. The meetings essentially gathered input with regards to proposed local street changes and access issues. In addition, residents were provided general information with regards to the noise wall determination process. At the May 7, 2012 Study Session, Council was provided an update with regards to the project process and refinement of the layout, including the determination of an appropriate cross-section for the Minnetonka Boulevard bridge. This update was provided to Council prior to the May 15 public open house meeting where additional comments were received. Comments received indicate support for the proposed final layout, no real preference for ped and bike accommodations on the Minnetonka Boulevard Bridge, and some questions over noise wall and storm water pond locations. Since that date, Mn/DOT has been reviewing the final layout internally and tweaking and refining it, based on the comments received. The most current available layout version is dated July 2, 2012 and is attached as Exhibit A. Attendance lists and comments received from the public meetings will be available for Council on July 9. Mn/DOT’s most recent layout includes additional detail regarding the Minnetonka Boulevard Bridge. Over the past couple of months, staffs from Mn/DOT, Hennepin County, and the City have discussed several different bridge cross sections for addressing all modes of transportation (vehicles, bicycles, and peds). Alternative cross sections are illustrated under Exhibit A (Sheets A3 and A4). Based on staff and stakeholder input, Alternative B2 has been suggested as a preferred option to Mn/DOT, and this is reflected in the layout. Noise Advisory Committee (NAC) meetings have been held since the end of last year and the fourth and final meeting was held on June 19, 2012. As previously reported, Mn/DOT created the NAC to comply with the “new” federal Noise Analysis process required for this project. The intent of the NAC has been to provide two-way communication between the community and the project team, educate residents about the noise evaluation process, review the noise analysis methodology and results, and provide feedback to the City Council as well as communicate project information to neighborhood residents. As a result of these meetings and the information conveyed by committee members to their neighbors, many residents already have a good deal of knowledge and background information regarding this matter. Noise wall locations as most recently proposed by Mn/DOT are shown in the attached Exhibit C. Summary and Next Steps Municipal Consent Mn/DOT has indicated a desire to formally request Municipal Consent later this month (July). A brief outline of the main elements of the Municipal Consent process is provided below. A full explanation of the process is provided per the attached Exhibit B: Background: Municipal approval is required for any trunk highway project that results in any of the following within a municipality: 1. Alteration of access 2. An increase or reduction in traffic capacity. Changing capacity essentially means adding or reducing the number of through lanes 3. A requirement for the acquisition of permanent right of way Study Session Meeting of July 9, 2012 (Item No. 4) Page 4 Subject: Project Update - Highway 100 Reconstruction Project Municipal consent is not required (regardless of impacts to access, capacity, or right of way) for projects needed for any of the following: 1. To regulate traffic 2. To install traffic control devices 3. To provide other safety measures (The term “other safety measures” refers to traffic safety measures. For example, the addition of a turn lane is a traffic safety measure, but the replacement of a structurally-deficient or fracture-critical bridge is not). Procedure: Mn/DOT must submit to the City a final layout with a letter requesting approval. The letter must include a good faith cost estimate of the City’s share of the project’s cost and the following: 1. Project purpose 2. Route location 3. Short description of the proposed design 4. Any additional supporting data The City must schedule and hold a public hearing within 60 days of Mn/DOT’s submittal. The City must schedule the hearing within 15 days of receiving Mn/DOT’s request for approval and must also give 30 days public notice. The City must then pass a resolution approving or disapproving within 90 days of the public hearing. After 90 days from the date of the public hearing, if the City has not passed a resolution disapproving the layout, the layout is deemed approved. If the City disapproves, Mn/DOT must decide whether to: 1. Meet the City’s condition(s), assuming the City approves with conditions. Mn/DOT must also write the City a letter indicating this and attach a revised layout with the changes. 2. Go to an appeal process 3. Stop the project or scale back the project in a manner that municipal consent is no longer required. If in the final plan Mn/DOT alters access, capacity, or Right of Way, Mn/DOT must re-submit the changed portion of the plan for the City’s approval. At this time, Mn/Dot has indicated they will be submitting a formal request for Municipal Consent sometime by the end of July. Environmental Assessment (EA) and Noise Walls Concurrent with the Municipal Consent process, Mn/DOT will be conducting parallel processes with approval of the Environmental Assessment and whether or not to remove noise walls from the project design plans. At this time, Mn/DOT intends to release the EA for public comment in early September of this year and conduct a public hearing later that month. With regards to noise walls, residents and property owners will have a say (vote) as to whether noise walls will be removed from the project. Mn/DOT intends to schedule sub-group informational meetings sometime for August or September to further explain this process and the voting procedure. The proposed barrier locations are shown in the attached Exhibit C. Study Session Meeting of July 9, 2012 (Item No. 4) Page 5 Subject: Project Update - Highway 100 Reconstruction Project Public Art Staff would like to begin preliminary discussions with Council at this time to determine if there is any desire to incorporate public art with the project and if so, what Council would perhaps like to include. In summary, the following project steps and anticipated dates are as follows: • Municipal Consent Approval Process July-October, 2012 • Environmental Assessment (EA) Release September 2012 • Noise Wall Determination Process July – October, 2012 • Complete EA Process Early 2013 • Mn/DOT Develops Construction Plans Fall 2012 - Spring 2014 and Specifications • Right of Way Acquisition May 2013 - May 2014 • Mn/DOT Opens Bids and Awards Contract May 2014 • Construction 2014 thru 2015 FINANCIAL OR BUDGET CONSIDERATION: Mn/DOT has not yet provided a cost participation breakdown for the project. At this time, we expect the City’s share of the cost to be minimal, based on a preliminary cost share exhibit provided by Mn/DOT (Exhibit D). Actual numbers will be provided by Mn/DOT when Municipal Consent is formally requested within the next few weeks. VISION CONSIDERATION: The following Strategic Direction and focus area was identified by Council in 2007: St. Louis Park is committed to being a connected and engaged community. Focus will be on: • Developing an expanded and organized network of sidewalks and trails. • Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Highway 100 and SWLRT. • Evaluating and investigating additional north/south transportation options for the community. Attachments: Exhibit A – Current Layout – 2 pages (Jul y 2, 2012) Exhibit B – Municipal Consent Process Exhibit C – Proposed Noise Wall Locations Exhibit D – Cost Share Exhibit Prepared by: Scott Brink, City Engineer Reviewed by: April Crockett, West Area Engineer, Mn/DOT Michael P. Rardin, Public Works Director Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 6 Study Session Meeting of July 9, 2012 (Item No.4 ) Subject: Project Update - Highway 100 Reconstruction Project Page 7 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 8 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 9 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 10 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 11 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 12 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 13 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 14 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 15 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 16 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 17 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 18 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 19 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 20 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction ProjectPage 21 Study Session Meeting of July 9, 2012 (Item No. 4) Subject: Project Update - Highway 100 Reconstruction Project Page 22 Meeting Date: July 9, 2012 Agenda Item #: 6 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Eliot School Redevelopment Site RECOMMENDED ACTION: None at this time. Please let staff know of any questions you might have. POLICY CONSIDERATION: This is an informational item only. The development proposal for the Eliot School site will be on a future City Council study session meeting agenda for discussion following the developer’s meeting with the Eliot neighborhood. BACKGROUND: The purpose of this Staff report is to provide the City Council with a preview of the development proposal for the Eliot School site. Attached is a preliminary site plan and illustrative drawing that will be presented for discussion at a neighborhood meeting at 6:00 PM on July 18th at City Hall. After the neighborhood meeting, it is anticipated that the developer will meet with the City Council in a study session to present and discuss the proposal. If the City Council is comfortable with the proposed development, the developer intends to apply for the necessary zoning approvals and tax-increment financing assistance following the study session. Earlier this year, developer Dan Hunt reached an agreement with the St. Louis Park School Board to purchase the Eliot School site, contingent on City approvals to allow his proposed development to move forward. Proposed are two apartment buildings and two new single family lots for the 4.2 acre site. The two apartment buildings will cover much of the site. Each three-story building would have a total of 72 units, for total of 144 apartment units. Although the proposed buildings are three stories, the architects reduced the building height to two stories in areas nearest to existing homes. The proposed site plan includes areas for stormwater management, outdoor recreation, and landscaping. Parking for residents would be provided below the buildings, with guest parking between the two buildings. The site plan was designed to allow for additional setback area to the north of the site. There is adequate space to the north of the apartments for the development of two new single family lots. As currently proposed, one lot faces Hampshire and one lot faces Idaho. Together with the apartment buildings, a total of 146 new residential units are proposed for the site. Site plan development is still in the early stages. The developer has provided a concept site plan and a perspective drawing of the proposed buildings, attached. Design guidelines for the Eliot School site were completed in 2010. The proposed development largely meets the ten site reuse principles of the design guidelines, including a mix of residential Study Session Meeting of July 9, 2012 (Item No. 6) Page 2 Subject: Eliot School Redevelopment Site development types, a transition of building heights across the site, and opportunities for green open space and connectivity. The site reuse principles from the design guidelines are included as an attachment. The developer plans to hold a neighborhood meeting on July 18th. The meeting will be held at 6:00 PM at City Hall. Following the neighborhood meeting and the meeting with the City Council, the developer will make site plan and other design revisions as needed prior to submitting any official applications for project approvals. FINANCIAL OR BUDGET CONSIDERATION: It is anticipated that the developer will be seeking tax-increment financing assistance (TIF). The potential request will be discussed at a future City Council study session. VISION CONSIDERATION: The proposed development for the Eliot School site fits within the Strategic Direction adopted by the Council in 2007 to provide a well-maintained and diverse housing stock. Attachments: Proposed Site Plan and Perspective Drawing Excerpt, Eliot School Design Guidelines Prepared by: Adam Fulton, Planner Reviewed by: Meg McMonigal, Planning and Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager June 20, 2012CEDAR LAKE ROAD1 a r c h i t e c tsEliot ParkSITE PLAN144 APARTMENT UNITS190 PARKING STALLS BELOW20 PARKING STALLS AT CGRADE210 STALLS TOTAL (1.46/UNIT)200 BEDROOMS (88 1BR & 56 2BR UNITSHAMPSHIRE AVE.VECED A R L A K E R O A DIDAHO AVE.78’-0”23’-0” 30’-0” 22’+20STALLS23’-0” 44’-0”60’-0”35’-0”50’-0”30’-0”NEW SINGLE FAMILY LOTNEW SINGLE FAMILY LOT222’+22’+5353333333333335333333333333555555555555555533333 THREE STORIES TWO STORIES BALCONIES Study Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment SitePage 3 June 20, 2012CEDAR LAKE ROAD2 a r c h i t e c tsEliot ParkAREA PLANHAMPSHIRE AVE.CEDAR LAKE ROADIDAHO AVE.78’-0”23’-0”30’-0”22’+20STALLS23’-0”44’-0”60’-0”35’-0”50’-0”30’-0”NEW SINGLE FAMILY LOTNEW SINGLE FAMILY LOTStudy Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment SitePage 4 June 20, 2012CEDAR LAKE ROAD3 a r c h i t e c tsEliot ParkSOUTH WEST AERIAL PERSPECTIVEStudy Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment SitePage 5 Eliot Community Center Site Reuse Study Design Guidelines December 15, 2010 Study Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment Site Page 6 Page 7Eliot Comunity Center Site Reuse Study Design Guidelines The Site Reuse Principles embody the community’s general desires and intentions for appropriate future reuses of the Eliot Community Center site. These ten principles provide the community’s big picture view and a means for guiding and evaluating future proposals for reusing this site. These general principles are supported by the detailed design guidelines in Section 4. 1. Mix of Medium Density Residential Land Uses Future land uses should be a mix of at least two medium density residential uses that contribute to the community’s long-term goal of being a livable community with a variety of lifecycle housing options and leverage the site’s location and proximity to transit, parks, trails, bike routes, and commercial areas 2. Transition Building Heights across the Site from South to North Concentrate taller and higher density buildings on southern half of site toward Cedar Lake Road and locate lower buildings on the northern half of the site 3. Complement Existing Development Scale and Character Building form, scale, placement and massing should be sensitive to the scale and character of the surrounding homes 4. Neighborhood Open Space Reuse of the site should incorporate open space that is located along a public street, visible to the public, and ideally allows public access 5. Community Landmark and Neighborhood Gateway Reflect the site’s role as a long-time community landmark and Eliot neighborhood gateway on Cedar Lake Road by preserving the mature trees and enhancing the triangular open space area fronting on Cedar Lake Road 6. Neighborhood Connectivity Support neighborhood connectivity by incorporating an east-west pedestrian connection through the site 3. Site Reuse Principles Study Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment Site Page 7 Page 8 Eliot Comunity Center Site Reuse Study Design Guidelines 7. Redevelopment Feasibility Reuses of the site should achieve a reasonable financial return for the School District balanced with the appropriate fit with the City’s goals and these reuse principles 8. Owner-Occupied Housing Owner occupied housing is preferred, however, assisted living services could be an accessory use to an owner-occupied senior housing development 9. School Building Reuse There is neither strong community preference nor opposition to reusing the existing school building; however, future developers are encouraged to evaluate the condition of the building to determine the possibilities of reuse for residential units 10. Interim Property Maintenance It is important for the property owner to keep the site and building properly maintained and in safe condition prior to and during redevelopment construction Study Session Meeting of July 9, 2012 (Item No. 6) Subject: Eliot School Redevelopment Site Page 8 Meeting Date: July 9, 2012 Agenda Item #: 7 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: National League of Cities Service Line Warranty Program RECOMMENDED ACTION: The purpose of this report is to inform Council of findings of the due diligence efforts regarding Utility Service Partners (USP) along with next steps needed to participate in the National League of Cities endorsed service line warranty program. POLICY CONSIDERATIONS: Does the City Council wish to pursue the NLC Service Line Warranty Program? BACKGROUND: History On May 14, staff presented Council with information on the National League of Cities (NLC) Service Line Warranty Program, administered by Utility Service Partners, Inc. (USP), which is a home protection solution for residents arranged by NLC Enterprise Programs (see Exhibit 1 - Study Session report of May 14, 2012). The program appeared acceptable to Council and viewed as a tool that could meet the needs of some residents. However, Council expressed some concern over the viability of USP since this is a relatively new program and company. Before approving participation in this program, Council requested staff perform due diligence in evaluating USP as a reputable viable program vendor. Due Diligence Effort City Attorney Tom Scott spoke with Cynthia Cusick at the National League of Cities. Attached is her favorable report on the contractor and the workings of the program to date (see Exhibit 2 - NLC Letter of June 15, 2012). Tom also reviewed the homeowner contract with the service warranty company, Utility Services Partners. The contract to be used in Minnesota has been modified to eliminate language which on its face excluded from coverage any property owner who has homeowners insurance, even though homeowners insurance would not cover the cost of a water or sewer line in need of repair do to normal wear and tear. While the company attorney emphasized that it would never interpret this language in that fashion, they did eventually agree to remove it. What cooperation is needed from the City of St. Louis Park? St. Louis Park is required to enter into a marketing services agreement with USP which creates a co-branded marketing program for USP in the city. Staff has attached the proposed marketing agreement for informational purposes (see Exhibit 3 - Proposed Marketing Agreement). The agreement provides for the use of the city name/logo, in conjunction with USP’s logo, on marketing materials sent to citizens. By participating in this program, the city is endorsing USP as the service provider for this warranty program. Study Session Meeting of July 9, 2012 (Item No. 7) Page 2 Subject: National League of Cities Service Line Warranty Program The term of the marketing agreement is for one year and it renews on an annual basis unless one party provides a 90 day advance written notice of intention not to renew. The City may terminate the agreement 30 days after giving notice of material breach if the breach is not cured within 30 days. Summary and Next Steps In general, this program appears to deal with a commonly heard residential complaint - the high cost associated with unexpected service line repairs. City contacts have confirmed this is a good program and USP appears to be a reputable viable vendor. Based on the earlier staff evaluation and the due diligence results obtained by the City Attorney, staff feels this is a reliable credible program that could be of benefit to some residents in St. Louis Park. Staff has developed the following basic steps and schedule should Council wish to participate in this program: August 6 Council adopts marketing agreement Aug - Sept City conducts a public information campaign informing residents of service line warranty program availability fall of 2012 Sept - Oct USP markets program FINANCIAL OR BUDGET CONSIDERATION: No impact to the city. If Council decides to participate in this program, staff recommends the city pursue the agreement which offers the warranties at the 10% discount rate to the residents so they realize the savings associated with this program (no revenues for the city). VISION CONSIDERATION: Not applicable. Attachments: Exhibit 1 – Study Session Report of May 14, 2012 Exhibit 2 - NLC Letter of June 15, 2012 Exhibit 3 - Proposed Marketing Agreement Prepared by: Michael P. Rardin, Public Works Director Reviewed by: Tom Scott, City Attorney Approved by: Tom Harmening, City Manager Exhibit 1 Study Session: May 14, 2012 Item: 6 TITLE: National League of Cities Service Line Warranty Program RECOMMENDED ACTION: The purpose of this report is to provide information on a water and sewer utility service line warranty program with Council. If Council feels this program is acceptable, staff would negotiate a specific marketing agreement for future Council adoption. POLICY CONSIDERATIONS: Does the City Council wish to pursue the NLC Service Line Warranty Program? BACKGROUND: Program Description The National League of Cities (NLC) Service Line Warranty Program, administered by Utility Service Partners, Inc. (USP), is a home protection solution for residents arranged by NLC Enterprise Programs. This program appears to provide an affordable home protection solution which could help residents save thousands of dollars on the high cost of repairing broken or leaking water or sewer service lines. Currently, only residential properties with non-shared (single) service lines are eligible to participate in this program. Homeowners in participating cities are eligible to purchase low-cost warranties, which provides for cleaning, repairs, or replacement of broken or leaking water and sewer service lines of up to $4,000, or more, per occurrence. Typically, service line repairs range in the several thousands of dollars and can create significant financial hardships for an unprepared homeowner. This warranty program is designed to transfer the risk of these costly repairs. Approximate homeowner costs will likely range from $5 to $6 per line per month – specific rates are determined for each city’s particular situation based on local infrastructure and policies. The NLC Service Line Warranty Program provides residents a warranty for service line cleaning, repair, or replacement for monthly fee, with no deductibles or service fees. This work is performed by licensed, local contractors who are to return customer calls within one hour of a claim being filed. USP provides a personally staffed 24/7 hotline for residents, 365 days a year. There is no cost for a city to participate in this program. However, participating cities can elect to receive a share of the revenues collected from within the city. This program is in the final stage of being offered to all cities in the 48 contiguous states with completion expected spring of 2012. Staff has attached four exhibits providing information on this program: 1. Exhibit 1 - NLC Service Line Warranty Program Brochure 2. Exhibit 2 - NLC Service Line Warranty Program Availability 3. Exhibit 3 - Frequently Asked Questions 4. Exhibit 4 - Implementation Process In addition, the following link provides very good info on the USP website and their program: http://www.utilitysp.net/index.html Plus the following link is to a video providing information on their program: http://www.utilitysp.net/overview-video/ About Utility Service Partners, Inc. Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 3 USP, headquartered in Canonsburg, Pennsylvania, is an independent provider of service line warranties and water heater rentals in the United States. USP is a portfolio company of Macquarie Capital, part of Macquarie Group Limited, one of the world’s largest owners and managers of infrastructure assets and a manager of over $36 billion in infrastructure equity around the world. A Late April USP Communication to Staff: Program momentum seems to be growing (see the attached NLC press release – Exhibit 5) with large cities such as Atlanta, Phoenix, Milwaukee, and Plano now participating in the USP program. Utility Service Partners enjoys an A+ Better Business Bureau rating with a three year history of zero complaints. As all, cities and residents alike, are watching their dollars, the NLC Service Line Warranty Program is an example of a cost-free Public Private Partnership (P3) program that may be the right solution for a city. Since introducing the program in November, 2010, over 125 cities in 27 states have adopted the program. In that time, over 1,200 service lines have been repaired or replaced saving those residents over $1,000,000 in repair costs that would have otherwise come from their pockets. What cooperation is needed from the City of St. Louis Park? St. Louis Park is required to enter into a marketing services agreement with USP which creates a co-branded marketing program for USP in the city. Staff has attached a sample marketing agreement for informational purposes - see Exhibit 6. The agreement provides for the use of the city name/logo, in conjunction with USP’s logo, on marketing materials sent to citizens. By participating in this program, the city is endorsing USP as the service provider for this warranty program. The term of the marketing agreement is for one year and it renews on an annual basis unless one party provides a 90 day advance written notice of intention not to renew. City may terminate the agreement 30 days after giving notice of material breach if breach is not cured within 30 days. Staff Analysis Staff has discussed the pros and cons of this program with NLC staff, LMC staff, our city attorney, and the regional representative for USP. Based on that input, staff has analyzed this program (see Exhibit 7 – Staff Analysis) to aid Council in discussing participation in this program. Local Participation: Buffalo, Mn is currently participating in this program. They began program participation during the last half of 2011 and state they are pleased with the results to date. They received quite a few calls for the first several weeks when the program was initially marketed by USP; resident inquiries have since ceased. Buffalo opted to receive revenues rather than rebate savings to the residents. They just received their first quarterly revenue check for sewer service line registrations which amounted to about $1,500. Columbia Heights, Mn recently approved participation in the program and USP begins their spring marketing campaign there this month. Columbia Heights approved the program for both sewer and water service lines. They opted to receive no rebate and passed the savings on to the participating property owners. The program was approved by the Council on a 4-1 vote. The Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 4 council member who did not vote for it felt this was an optional only type coverage and felt that the City shouldn't be involved. This item was brought forward by a council member and was only briefly and lightly discussed before adoption. Chanhassen, Mn considered this program at a Study Session earlier this year and is still considering participation in the program. They have the following concerns: 1. the program is so new to Minnesota there is no track record here yet 2. USP use of the city logo on their letter head Chanhassen staff feels if other Minnesota cities participate in this program with good results, Chanhassen probably will also. Summary and Next Steps In general, this program appears to deal with a commonly heard residential complaint - the high cost associated with unexpected service line repairs. City contacts have confirmed this is a good program and we should consider participation in the program. Based on the analysis provided in Exhibit 7, staff feels this is a reliable credible program that could be of benefit to some residents in St. Louis Park. Staff has developed the following basic steps and schedule should Council wish to participate in this program: Staff negotiates a marketing agreement with USP May Council adopts marketing agreement June City conducts a public information campaign informing residents of service line warranty program availability fall of 2012 June - Sept USP markets program Sept - Oct FINANCIAL OR BUDGET CONSIDERATION: No impact to the city. If Council decides to participate in this program, staff recommends the city pursue the agreement which offers the warranties at the 10% discount rate to the residents so they realize the savings associated with this program (no revenues for the city). VISION CONSIDERATION: Not Applicable Attachments: Exhibit 1 – NLC Service Line Warranty Program Brochure Exhibit 2 - NLC Service Line Warranty Program Availability Exhibit 3 - Frequently Asked Questions Exhibit 4 - Implementation Process Exhibit 5 – NLC Press Release Exhibit 6 - Sample Marketing Agreement Exhibit 7 – Staff Analysis Prepared by: Michael P. Rardin, Public Works Director Reviewed by: Nancy Deno, HR Director/Deputy City Manager Approved by: Tom Harmening, City Manager Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 5 June 15, 2012 Mr. Thomas M. Scott Campbell Knutson, P.A. 1380 Corporate Center Curve Suite 317 Eagan, Minnesota 55121 Dear Mr. Scott: It was a pleasure to talk with you last week about the NLC Service Line Warranty Program and the interest that the City of St. Louis Park, Minnesota, has expressed in the program. As I mentioned, we are in the process of extending our partnership through 2018 with Utility Service Partners, Inc. (USP), the administrators of the program, so as you can imagine, we are pleased with the partnership and experience cities have had with the program. About the NLC Service Line Warranty Program The NLC Service Line Warranty Program is an affordable home protection solution that helps city residents save thousands of dollars on the high cost of repairing broken or leaking water or sewer lines. The NLC Service Line Warranty Program provides residents access to a low cost warranty that will provide repairs without costly deductibles or service fees. There is no cost to cities that elect to participate in the program, and some cities chose to receive a share of the revenues collected. Implementation is easy and USP provides and pays for all of the required services. In addition, USP provides a personally staffed 24/7 repair hotline for residents, 365 days a year. The repair work is performed by licensed, local plumbers who will call the customer within one hour of filing a claim. Program and Company Selection Many homeowners are unaware that they are responsible for the repair and replacement of water and sewer lines, until there is a problem. Residents often turn to the city or utility provider for assistance and are informed that the lines are the responsibility of the homeowner. NLC understood this challenge, confirmed with member groups the need for a warranty program for residents and began exploring options. In 2009, Jim Hunt, councilmember of Clarksburg, West Virginia, and NLC past president, suggested that NLC explore the service line warranty program offered by the West Virginia Municipal League through USP that had been well received by member cities and city residents. Lisa Dooley, executive director, West Virginia Municipal League, shared the organization’s satisfaction with the program, especially the ease of implementation, program affordability and Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 6 quality customer service. In exploring the viability of the program on a national basis, NLC learned that USP had a similar sponsorship agreement with the Oklahoma Municipal League. Simultaneous to NLC’s exploration process, the North Central Texas Council of Governments (NCTCOG) selected USP as the provider of a service line warranty program in the Dallas/Fort Worth area, which includes 230 cities with a population of 6.5 million. This selection process included a competitive bid process. NLC spoke with Mike Eastland, NCTCOG’s Executive Director to confirm the evaluation process, which was comprised of several member cities and NCTCOG staff, and later reviewed the interlocal agreement that allows local governments to access the master contract held by NCTCOG. After USP was unanimously selected by the Evaluation Committee, we learned that four (4) service providers, including USP participated in the process. Several factors lead NLC to partner with USP to market and promote the NLC Service Line Warranty Program, including the partner’s financial strength and experience in the marketplace. NLC staff reviewed the most recent financial audit, which had an unqualified opinion by the accounting firm PricewaterhouseCoopers LLP. A review of USP’s business plan provided information about their business structure and relationship with the parent company; the proposed implementation strategy; and a review of the regulatory environment that prompts USP’s entry into the market. Additionally, USP had experience working with municipalities, including smaller municipalities that have populations of fewer than 50,000. It also had experience working with membership associations, like NLC and state leagues, and a willingness to share revenues with program participants. Experience to Date As I mentioned on our call, we are in the process of reaffirming our partnership with USP and extending that partnership through 2018. USP has rolled to program out to 44 of the 48 continental/contiguous states and is working hard to have coverage in all 48 by the end of 2012. In fact, the company has As was the case prior to our partnership, USP has an exceptionally low denial rate and an A+ Better Business Bureau rating with zero complaints over the three year reporting period. There are more than 125 cities participating in the program. I hope you will find this information helpful. Please do not hesitate to contact me if you have additional questions. Sincerely, Cynthia J. Shultz Cusick Director, Office of Corporate Programs Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 7 February 3, 2012 The Honorable Jeffrey Jacobs Mayor City of St. Louis Park 5005 Minnetonka Boulevard St. Louis Park, MN 55416 RE: Marketing Agreement with Utility Service Partners Private Label, Inc. d/b/a Service Line Warranties of America (“SLWA”) Dear Mayor Jacobs: We have discussed entering into a marketing agreement between the City of St. Louis Park (the “City”) and SLWA. SLWA provides affordable utility service line warranties to consumers. It is SLWA’s understanding that, in consideration of SLWA offering its external sewer and external water line warranties (the “Warranties”) at a 10% discount from its standard rates to the Residents (as defined below) the City has agreed to cooperate with SLWA in marketing SLWA’s services to City’s residents and homeowners (the “Residents”) as described below: 1. City hereby grants to SLWA a non-exclusive license to use City’s name and logos on letterhead and marketing materials to be sent to the Residents from time to time, and to be used in advertising, all at SLWA’s sole cost and expense and subject to City’s prior review and approval, which will not be unreasonably conditioned, delayed, or withheld. 2. As consideration for such license, SLWA shall offer the Warranties to the Residents at a rate that is 10% less than its standard rate for Warranties offered elsewhere. 3. The term of this marketing agreement will be for one year from the date of the execution of the acknowledgement below and this agreement will then renew on an annual basis unless one of the parties gives the other advance written notice of at least 90 days that it does not intend to renew this marketing agreement. City may terminate this marketing agreement 30 days after giving notice to SLWA that SLWA is in material breach of this agreement if such breach is not cured during such 30-day period. SLWA will be permitted to complete any marketing initiative initiated or planned prior to the effective date of any termination of this marketing agreement after which time, neither party will have any further obligations to the other and the license described in this letter will terminate. 4. SLWA shall indemnify, hold harmless, and defend City, its elected officials, appointed officials, and employees from and against any loss, claim, liability, damage, or expense that any of them may suffer, sustain or become subject to in connection with any third party claim (each a “Claim”) resulting from the negligence or willfulness of SLWA in connection with, arising out of or by reason of this marketing agreement, provided that the applicable indemnitee notifies SLWA of any such Claim within a time that does not prejudice the ability of SLWA to defend against such Claim. Any indemnitee hereunder may participate in its, his, or her own defense, Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 8 but will be responsible for all costs incurred, including reasonable attorneys' fees, in connection with such participation in such defense. If City agrees that the foregoing fully and accurately describes the agreement between City and SLWA, please arrange to have a duly authorized representative of City execute and date the acknowledgement below in each of the duplicate original versions of this letter and return one to me in the enclosed self-addressed stamped envelope. If you have any questions or wish to further discuss this marketing agreement, please do not hesitate to contact Oscar Arras via email at OArras@utilitysp.net or by phone at (214) 632- 6947. Very truly yours, Utility Service Partners Private Label, Inc. By: ________________________________ Print Name: _ Philip E. Riley, Jr. _________ Title: President & CEO________________ By: ________________________________ Print Name: __ Brad H. Carmichael ________ Title: ___Vice President_________________ Acknowledged and Agreed: City hereby acknowledges and agrees that the foregoing letter fairly and accurately describes the agreement between City and SLWA as of the date of this acknowledgement. City of St. Louis Park, MN: By: __________________________________ Date: ________________________ Print Name: ____________________________ Title: _________________________________ Study Session Meeting of July 9, 2012 (Item No. 7) Subject: National League of Cities Service Line Warranty Program Page 9 Meeting Date: July 9, 2012 Agenda Item #: 8 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Oak Hill II Office Building Project Update RECOMMENDED ACTION: The purpose of this staff report is to update the EDA on the status of Anderson-KM Builders’ proposed Oak Hill II office building. No action is needed at this time. POLICY CONSIDERATION: This is a Redevelopment project update. Is there any other information Council would like on this project? BACKGROUND: Earlier this year the EDA approved the creation of an Economic Development Tax Increment Finance (TIF) District to facilitate the construction of the Oak Hill II office building by Anderson-KM Builders. The proposed office site is located at 3340 Republic Avenue. The proposed office building would be 2 stories with approximately 21,450 SF. Anderson-KM Builders is currently operating from Anderson Builder's location on Park Glen Rd in St. Louis Park as well as KM Building's offices in Minneapolis. The recently consolidated firm planned to build the new facility in order to consolidate its operations within a single location. Anderson- KM Builders plans to occupy approximately half the new building (6,001 SF of office and 4,715 SF of storage). The remaining 10,716 SF on upper floor would be built out as office space and leased to one or more tenants. Anderson-KM Builders had hoped to commence construction on the building this spring however its lender is requiring that a tenant be signed for at least a portion of the upper floor space as a condition for financing approval. Anderson and its real estate broker have been actively seeking such a tenant but it has been difficult to obtain a lease commitment on a speculative building especially with a surplus of office space available in the market. Having said that, Anderson is currently in negotiation with such a tenant for the entire upper floor. This prospective tenant however would not require the space until later next year or perhaps the spring of 2014. The above tenant’s schedule actually works to Anderson-KM Builders’ advantage. This is because the legislative authority under which the EDA created the Oak Hill II TIF District (that being the 2010 Jobs Bill) was not extended during the last legislative session. The extension was included in the Tax Bill (along with a plethora of special TIF-related requests around the state) which was ultimately vetoed. It is hoped that this extension could be obtained in a technical tax bill early in the next legislative session as there is support for much of what would be included in the bill on both sides of the political aisle as well as from the Governor. Such an extension could be structured to be retroactive so as to include any projects (like Oak Hill II) that were approved but did not commence during 2012. If the extension is not approved, then the EDA’s ability to provide tax increment to Anderson’s project through the above TIF District will have lapsed. Study Session Meeting of July 9, 2012 (Item No.8) Page 2 Subject: Oak Hill II Office Building Project Update Incidentally, it was the same Jobs Bill that provided cities the temporary authority to stimulate construction through the use of pooled tax increment. As a result of this authorization, the EDA created its Construction Assistance Program (CAP) to spur the immediate construction, expansion, or rehabilitation of commercial, industrial, or mixed use buildings in the city. This legislative authorization was also to be extended under the recent Tax Bill. However since the Tax Bill was vetoed, the EDA’s ability to use pooled tax increment as provided under the Jobs Bill has been substantially restricted. Cities like St. Louis Park may wish to seek an extension for this authority in the next legislative session as well. Project Schedule Assuming the necessary legislative extension is approved next year, and the required lease commitment is obtained, staff and Anderson-KM Builders would finalize the proposed Redevelopment Contract. Such an agreement, which specifies the project to be constructed and the tax increment to be provided would be reviewed in study session and, upon mutual acceptance, would be presented to the EDA for formal approval. Anderson then hopes it could commence construction on the proposed office building sometime next year. FINANCIAL OR BUDGET CONSIDERATION: To stimulate private construction activity within the city it is proposed that the EDA maintain its willingness to provide tax increment assistance to Anderson-KM Builders so as to enable the construction of a two story office building at 3340 Republic Avenue. VISION CONSIDERATION: The proposed project is consistent with elements of Vision St. Louis Park as it facilitates and promotes environmental stewardship and green development. Attachements: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, EDA Deputy Executive Director and Deputy City Manager Meeting Date: July 9, 2012 Agenda Item #: 9 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Special Meeting Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Special Session Other: TITLE: Outstanding Citizen Award RECOMMENDED ACTION: No action needed until July 16, 2012. POLICY CONSIDERATION: Does the City Council wish to approve and recognize the three Outstanding Citizen Award Winners on July 16, 2012? BACKGROUND: On October 3, 2011 City Council Approved the Outstanding Citizen Award with the following direction: • The individual may be nominated by anyone. • Nominations may be made anytime throughout the year. • Council selects a Task Force of three current board or commission members to review nominations and make recommendations to Council. • Nomination information will be on our website. The Award was publicized starting in January. The Task Force appointments were completed on April 16, 2012. Applications were reviewed in late April. The task force met and reviewed applications and made a formal recommendation in June. Task Force Members, Marjorie Douville, Fire Commission; Jim Gainsley, BOZA; and Justin Kaufman, Housing Authority; recommend the three candidates Todd Brewer, Bob Ramsey and Ann Thomas as Outstanding Citizens. Recommendations on all three individuals are attached. The Task Force would like the recognition to occur on July 16, 2012. Next steps: If there are no questions on this report, staff will prepare for the formal presentations to take place on July 16, 2012 and contact the individuals, inform the task force and others involved in the application process so the awards can be presented. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Recognition is a part of being a Connected and Engaged Community. Attachments: Individual Nomination Forms Approved by Task Force Prepared by: Bridget Gothberg, Organization Development Coordinator Approved by: Nancy Deno, Deputy City Manager/HR Director Date: June 18, 2012 The Outstanding Citizen Award Task Force recommends the following individual: to the City Council to receive the Outstanding Citizen Award for the following reasons: Todd Brewer is a local business owner and Rotarian. He helped bring the Climbing Rock to the Westwood Nature Center. He unloads holiday goods for STEP, he gifts families in need, and uses his own truck to make delivery of bigger items (beds or furniture) to those in need. Todd has given, through his family foundation, funding to support Meadowbrook academic support for youth in grades k-8. He has also donated bikes and fixed bikes at no charge for Meadowbrook children in need. When he learned two school-aged children were sharing sleeping quarters with an uncle, sleeping in shifts, Todd donated, delivered, and set up bunk beds, dressers, and clean sheets so the kids could get a good night’s rest. He has given money so a young teen could go the YMCA Boundary Waters camp. The Outstanding Citizen Award Task Force _____________________________ Marjorie Douville _____________________________ Jim Gainsley _____________________________ Justin Kaufman Todd Brewer Study Session Meeting of July 9, 2012 (Item No. 9) Subject: Outstanding Citizen Award Page 2 Date: June 18, 2012 The Outstanding Citizen Award Task Force recommends the following individual: to the City Council to receive the Outstanding Citizen Award for the following reasons: In is 40 years of living in St. Louis Park Bob Ramsey has helped start Children First and is an Asset Champion. He chaired Book Mark in the Park, found funding for Book Mark in the Park, and chaired the committee for five years. He worked with Friends of the Arts on pursing a community poet. He volunteers every year at Day One. He was chair of the Senior Summit a Lenox to bring community elders together to talk with community leaders on issues that are important to them. He has worked with Parktacular and is a Senior Ambassador, along with his wife Joyce, for St. Louis Park. Bob is a member of the NORC (Nurturing our Retired Citizens) Senior Consumer Advisory Committee. He is active in the Successful Aging in the Park group through volunteering at Park Nicollet. Bob writes columns for the Sun Sailor that are often about the community and/or the perspective of a community member—these are upbeat and inspirational. All of this is volunteer work to better the City of St. Louis Park. Bob Ramsey truly does outstanding work for the City of St. Louis Park. We are a better place because of Bob Ramsey._______________________________________________________________________ ______________________________________________________________________________ The Outstanding Citizen Award Task Force _____________________________ Marjorie Douville _____________________________ Jim Gainsley _____________________________ Justin Kaufman Bob Ramsey Study Session Meeting of July 9, 2012 (Item No. 9) Subject: Outstanding Citizen Award Page 3 Date: June 18, 2012 The Outstanding Citizen Award Task Force recommends the following individual: to the City Council to receive the Outstanding Citizen Award for the following reasons: Ann Thomas is extremely dedicated to St. Louis Park. She stared “Day One” which is an event put together to welcome high school students back to school in a unique and exciting way to show our teenagers they were valued and that school was important. Throughout the years she has raised money for the theater at the high school, found money for Dollars for Scholars, helped the Girl Scouts sell cookies. She chaired the All Night Party. She has stayed involved and volunteering for youth causes event though her children are grown. She is also a volunteer for Parktacular. The responsibilities she takes on include: working on getting all the door prizes, finding the sponsorships, attending every committee meeting and encouraging others. Ann brings spirit and positivity to the Parktacular committee. No matter what the challenges are she “gets it done”. The Outstanding Citizen Award Task Force _____________________________ Marjorie Douville _____________________________ Jim Gainsley _____________________________ Justin Kaufman Ann Thomas Study Session Meeting of July 9, 2012 (Item No. 9) Subject: Outstanding Citizen Award Page 4