HomeMy WebLinkAbout2006/01/03 - ADMIN - Agenda Packets - City Council - RegularAGENDA SUMMARY
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
January 3, 2006
7:30 PM
(Economic Development Authority Meeting immediately following the Council Meeting)
7:30 p.m. CITY COUNCIL MEETING
1. Call to Order
a. Pledge of Allegiance presented by Boy Scouts Den 5 of Pack 595
b. Swearing in of newly elected Ward Councilmembers by Judge Allen Oleisky
c. Roll Call
2. Presentations
3. Approval of Minutes
3a. City Council Minutes of November 21, 2005
3b. Study Session Minutes of November 28, 2005
Action: Corrections/amendments to minutes - Minutes approved as presented
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
Action: Motion to approve the agenda as presented and to approve items listed on
the consent calendar
(Alternatively: Motion to add or remove items from the agenda, motion to move items
from consent calendar to regular agenda for discussion and to approve those items
remaining on the consent calendar).
5. Boards and Commissions
5a. Reappointments to Boards and Commissions
Reappointment of commissioners whose terms expire on or before December 31, 2005
Recommended
Action:
Motion to reappoint Commissioners Solmer, Gainsley, Bloyer,
MacMillan, Armbrecht, Cornwall, Foulkes, Hallfin,
Worthington, Johnston-Madison, Robertson, Berry, Gormley,
Lanenberg, Browning, Jacobson and Overend to their
respective commissions for terms ending 12/31/2008; and
Commissioner Ohliger to the Police Advisory Commission for
a term ending December 31, 2006.
5b. Motion to adopt a resolution ratifying appointment of Alternate Citizen
Representative to the Bassett Creek Watershed Management District
Recommended
Action:
Motion to adopt resolution ratifying the appointment of
Councilmember C. Paul Carver as St. Louis Park’s Alternate
Commissioner to the Bassett Creek Watershed Management
District.
6. Public Hearings
7. Requests, Petitions, and Communications from the Public - None
8. Resolutions, Ordinances, Motions
8a. Election of Mayor Pro-tem
State Statute section 412.121 requires that Council choose each year an acting
Mayor from the Council members.
Recommended
Action:
Motion to adopt resolution appointing a Mayor
Pro-tem
8b. Police Sergeant Union Contract: January 1, 2006 – December 31, 2007
Recommended
Action:
Motion to adopt the attached resolution approving a Labor
Agreement between the City and Law Enforcement Labor
Services (LELS) #218, establishing terms and conditions of
employment for two years, from 1/1/06 – 12/31/07.
8c. Request for Public Hearing on Proposed Modification of the Elmwood Village
Tax Increment Financing District
Recommended
Action:
Motion to adopt a resolution calling for a public hearing by
the City Council on the proposed Modification of the
Elmwood Village Tax Increment Financing District within
Redevelopment Project No. 1 (A Renewal & Renovation
District).
8d. Time Warner Cable TV Franchise Renewal Second reading of cable TV franchise renewal ordinance. Recommended Action: Motion to approve second reading of the attached cable TV franchise renewal ordinance with Time Warner Cable, approve summary, and authorize publication.
9. Communications
10. Adjournment
(Economic Development Authority Meeting immediately following the Council Meeting)
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.
ST. LOUIS PARK CITY COUNCIL
MEETING OF January 3, 2006
SECTION 4: CONSENT CALENDAR
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need
no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Motion to adopt a Resolution designating the St. Louis Park Sun-Sailor as the
City’s Official Newspaper for year 2006
4b. Motion to adopt resolution declaring 2006 City Council meeting dates
4c. Bid Tabulation: Motion to designate Olympic Construction Services, Inc. as the
lowest responsible bidder and authorize execution of a contract with the firm in the
amount of $108,748.00 for Westdale Park Detention Pond, Project No. 2006-1300
4d. Motion to approve second reading of an ordinance establishing Fire Department
Service Fees and authorize publication.
4e. Motion to adopt an ordinance amending chapter 36 of the city code to create a
category titled “Places of Assembly” and allow such uses in the C-1, C-2 and O
zoning districts by Conditional Use Permit; approve summary, and authorize
publication. Case Nos. 05-60-ZA
4f. Motion to approve Resolution to adopt a Council Travel Policy.
4g. Motion to approve Resolution Accepting Work from Ron Kassa Construction Inc
for Dakota Ave. Sidewalk City Project No. 2005-0003 Contract No. 123-05.
4h. Motion to adopt resolution authorizing the execution of a Cooperative Agreement
between the Bassett Creek Watershed Management Commission and the City of St.
Louis Park for the Westwood Lake Improvements.
4i. Motion to adopt Minor Amendment to the Elmwood Village Planned Unit
Development (PUD) to allow a reduction of units from 63 to 60 for the “Loft”
Building
4j. Motion to accept Planning Commission Minutes of December 7, 2005 for filing
4k. Motion to accept vendor claims for filing (supplement)
AGENDA SUPPLEMENT
CITY COUNCIL MEETING
***January 3, 2006***
Items contained in this section are those items
which are not yet available in electronic format
and which are identified in the individual
reports by inclusion of the word “Supplement”.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL MEETING
ST. LOUIS PARK, MINNESOTA
November 21, 2005
1. Call to Order
Mayor Jacobs called the meeting to order at 7:30 pm.
Council members present: Mayor Jeff Jacobs, John Basill, Jim Brimeyer, Phil Finkelstein, Paul
Omodt, Susan Sanger and Sue Santa
Staff present: Assistant Zoning Administrator (Mr. Morrison), Associate Planner (Mr. Fulton), City
Manager (Mr. Harmening), City Attorney (Mr. Jamnik), City Engineer (Mr. Brink), Community
Development Director (Mr. Locke), Director of Parks & Rec. (Ms. Walsh), Director of Technology
and Support Services (Mr. Pires), Economic Development Coordinator (Mr. Hunt), Finance
Director (Ms. McGann), Public Works Director (Mr. Rardin), Planning/Zoning Supervisor (Ms.
McMonigal), and Recording Secretary (Ms. Stegora-Peterson).
2. Presentations
a. Presentation from the City of Brooklyn Park
Brooklyn Park City Councilmember Janette Meyer presented a resolution commending St.
Louis Park for assistance provided after severe storms this summer.
Ms. Walsh indicated equipment and an operator were sent to help remove tree limbs.
b. Recognition of Lynn Schwartz
Mayor Jacobs recognized Ms. Schwartz for 15 years of service to the City of St. Louis Park.
3. Approval of Minutes
3a. City Council Minutes of November 7, 2005
The minutes were approved as presented.
4. Approval of Agenda and Items on Consent Calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion.
4a. Accept Jaycees donation of $500.00 and authorize the City to make a contribution to
the Police Reserves for $500.00
4b. Preparation for possible purchase of tax forfeited property, 2741 Salem Ave South
from Hennepin County
4c. Accept BOZA Minutes of June 23, 2005 for filing
4d. Accept Planning Commission Minutes of October 19, 2005 for filing
4e. Accept Housing Authority Minutes of October 19, 2005 for filing
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 2
It was moved by Councilmember Santa, seconded by Councilmember Sanger, to approve the
Agenda and items listed on the Consent Calendar.
The motion passed 7-0.
5. Boards and Commissions - None
6. Public Hearings
6a. Public Hearing to Consider 2006 Utility Rates
Ms. McGann presented the staff report.
Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed.
Mayor Jacobs asked what the overall impact was on an average sized house? Ms. McGann
replied approximately $10.63 per quarter.
Councilmember Brimeyer asked the amount of the revenue bond issued for storm water?
Ms. McGann replied the 20-year term on the initial GO revenue bond done in 2001 was
$3,265,000. All repayments for outstanding debt were figured in.
Councilmember Finkelstein indicated the report identified upcoming projects that do not
have a funding source. Is that why the estimated costs of the storm water fund were
increasing over time? Ms. McGann responded many storm water projects needed to be done
and with reserves available within the storm water utility, it’s not feasible to do those
projects. In addition, St. Louis Park was awarded a $750,000 grant from the State which
requires a 100% match, which was calculated into the rate increase.
Councilmember Sanger asked if the rates that were being increased were a pass-through of
the actual costs to provide services to the residents? Ms. McGann replied yes. The cost of
providing the infrastructure and the usage of each one of the utilities has to be paid by
individual users and cannot be supplemented by property taxes.
It was moved by Councilmember Brimeyer, seconded by Councilmember Omodt to approve
First Reading of an ordinance setting 2006 rates charged for Water, Sanitary Sewer, Solid
Waste, and Storm Water Utility and set Second Reading for December 5, 2005.
The motion passed 7-0.
6b. Sam’s Club - Vacation of a Utility Easement
Mr. Fulton presented the staff report.
Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed.
Councilmember Santa asked if the water mains would be moved to the new location? Mr.
Fulton replied yes, Sam’s Club would incur that cost.
Councilmember Santa asked if that would inconvenience the neighboring residents or
businesses? Mr. Fulton replied the inconvenience would be minor. The new water main
will be in place before they shut off the old water main.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
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Councilmember Santa asked when that happens, can they ensure those affected would
receive notice? Mr. Fulton replied he believed they could do that.
It was moved by Councilmember Santa, seconded by Councilmember Sanger to approve First
Reading of an ordinance vacating a utility easement across Sam’s Club property at 7115 W. Lake
St. and 3745 Louisiana Ave. S. and set Second Reading for December 5, 2005.
The motion passed 7-0.
6c. Hoigaard’s Village - Public Hearing for the Vacation of an Alley Case No.
05-63-VAC Union Land, LLC. SW Quadrant of Highway 100 and Highway 7
Mr. Fulton presented the staff report.
Mayor Jacobs opened the public hearing. No speakers present. The public hearing was closed.
Councilmember Basill asked why this was before the PUD on the agenda? Ms. McMonigal
replied that the Ordinance requires this public hearing be held at the City Council level, while
the other public hearings were held at the Planning Commission level. Action could be held
off until they went through the PUD and it could be approved at that time.
Mayor Jacobs tabled the item to be voted on with item 8c. 6d. Time Warner Cable TV Franchise Renewal Mr. Pires presented the staff report.
Mayor Jacobs opened the public hearing. No speakers present.
It was moved by Councilmember Sanger, seconded by Councilmember Basill to continue the
public hearing to December 5, 2005.
The motion passed 7-0.
7. Requests, Petitions, and Communications from the Public – None
8. Resolutions, Ordinances, Motions
8a. Proposed Transfer of Cable Television System
Mr. Pires presented the staff report.
It was moved by Councilmember Finkelstein, seconded by Councilmember Santa, to continue
transfer of the Cable Communications Franchise Ordinance and cable system from Time Warner
Cable, Inc. to Comcast Cable Communications, LLC to December 5, 2006 Council meeting.
The motion passed 7-0.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 4
8b. Wireless Internet Study - Resolution No. 05-161
Mr. Pires presented the staff report.
Glen Peterson, 3320 Yukon, supported the project. Anything that would extend that access to
information resources would be good. It was like a utility and becoming increasingly important for
people. A concern was the price points and residential service was too high. Residential
customers were being asked to subsidize business customers who used the service more hours.
Businesses are generally asked to pay twice what residents were being asked to pay.
Carol Coffey, 4140 Xenwood, asked Council to do a health impact study. Science showed a
variety of health harms. Dr. Carlo was willing to come to consult. Ms. Coffey had
previously asked to bring in local healthcare practitioners and Oram Miller, a certified
building biology mitigator. Studies showed a number of health effects of wireless. All
citizens of St. Louis Park would be affected. She was concerned about routers in homes and
discussed impacts of total body load and the burden on the body. “Electro smog” caused
bodies to get sick. Wireless was not a huge field, but could be the “straw that broke the
camel’s back”. The FCC and the MN Dept of Health were sources that did not have
standards for WiFi and were not credible. She was concerned they were supporting a
skewed process. They were charging each household $217 to do this and would also need to
spend more to service it. The Council should tell people they could make a request not to be
in the pilot project. Businesses had not come in to provide this because it was not profitable
and could be obsolete in a few years. The Heartland Institute had come out with information
that the few cities that had done this had found it to be risky and had cost taxpayers millions
to subsidize. It was misleading to say this was a partnership, which implied an equal risk.
St. Louis Park citizens would have all of the liability and risk and would pay contactors to
provide the service and to replace equipment in the future. She was concerned that
businesses were waiting for the Council to enter this venture and then would come in and
make money providing the service. She asked the Council to reconsider.
John Madsen, 4066 Brunswick Av. S, didn’t believe government should be in the business
of providing this service and money could be better spent concentrating this somewhere
such as schools. He didn’t see this as a revenue stream. Technology changed quickly and
they may be getting into something not worth the money they spent. He asked Council to
discontinue exploration of wireless.
Dr. Bridget Bagley, stated health concerns regarding the impacts of wireless. She referred to
the study by Dr Carlo. She photographed people’s brains before and after using a cell
phone. After children have used phones, they are scrambled and cannot form clear thoughts.
It didn’t help adults much either. Many doctors in Germany were speaking out for new
regulations on exposures to high frequency electromagnetic radiation. Many disorders were
being attributed to this. She treated tumors, which were occurring more and more. There
hadn’t been much testing on it. She referred a web site, cellphonereporter.com. Any time
something is plugged in, waves are entering people’s cells and altering their chemicals.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
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Oram Miller, stated he had submitted letters, which were available on his web site,
createhealthyhomes.com. They were aware expanding wireless was occurring. Health
issues were a concern. Information was not made available in this country. He had
information from Europe that he addressed regarding health concerns and impacts of
radiation and wireless routers. He expressed concerns about MN Dept of Health, the FCC
and the WHO, government agencies that could not be trusted because of industry influence.
There is “electro smog” throughout the industrialized world and exposure was unnatural for
human bio physiology. Physicians were seeing an increase in diseases. He referenced other
articles and surveys regarding cell antennas and wireless exposure and the health impacts.
The FCC and MN Dept of Health web sites say there is no documented evidence of harm,
yet recently the British Health Protection Agency had acknowledged side effects of
electromagnetic fields of mobile phones and computer screens as a physical impairment. It
takes 20-30 years for the effects of low power radiation to reveal itself. A wireless router
may be undesirable exposure. This is lower than cell towers, but the routers have a
significant power output within a few feet, which would multiply the “electro smog”
through the walls.
Mayor Jacobs asked staff to outline the health concerns and agencies consulted to answer
questions that were raised. Mr. Pires replied after the July town hall they did additional
follow up. Tom Asp, Virchow Krause, stated they looked at a variety of sources including
the FCC, Minnesota Department of Health, American Veterinarian Medical Assn. and The
American Medical Association. The University of Wisconsin has an extensive site. Many
studies had done an exhaustive research, pro or con, and provided good summary
information from sources both domestically and internationally.
Mayor Jacobs asked if they discussed the notion of “electro smog”. One of the question
raised was if the addition of WiFi would make a significant difference in health impacts?
Mr. Asp replied it was a matter of waves being radiated on a given device such as the
bridges (routers) in the houses, which are a 200-milliwatt device, substantially lower than
handheld devices from cell phone studies. The power declines the further you get away
from the antennae and dissipates rapidly.
Mayor Jacobs asked the impact in an apartment building? Mr. Asp replied not all of them
would operate at the same time in any given location. If you are right next to it, you may see the
200 milliwatts, but if you are in the next room, it could be down to about 10 milliwatts.
Erika Klus, 3216 Edgewood Av. S, as a pharmacist she had come to believe that 80% of
prescriptions given were unnecessary. She felt technology had created the need for drugs.
She worked with two very different demographics and noticed as nutrition and education
went down, the health of people got worse. She was concerned this would add to the cost of
society. She suggested they know which homes had this technology so they could report
any effects. She hoped the private sector would be funding some of the study. Because of
what she had learned from Mr. Miller, she had taken out the WiFi in her home, as well as
the cordless phone and was trying to minimize cell phone use. She was concerned a city
like this that was about the family would put their families at risk by incorporating this
technology. She hoped they proceeded with caution.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 6
Phillip Hoagland, 2716 Vernon Av. S, wanted to clarify misinformation that had come up.
The bridge device was only necessary when someone wanted to connect a network inside of
their house to the outside world. If they only had a laptop, they didn’t need a bridge device.
Bridge devices have an automatic fall back. While they are rated at 200 milliwatts, they
know whether they need that to talk to the device. They only use 10 milliwatts if that’s all
they require. You can connect an external antenna to the bridge devices. If you don’t want
the device emitting RF inside your home, you can route a cable from the antennae input to
an external antenna and put it on your roof. There are options and they don’t have to use a
bridge device if they are using a laptop.
Ms. Coffey asked Mr. Asp to provide hard copies of information they had found on the
various web sites.
Councilmember Finkelstein stated this dealt with the issue of what they felt the appropriate
role of government was. They have seen the necessity of WiFi and shown it to be
something equivalent to providing water and sewer. It was the basis by which cities would
be compared in the future. He didn’t believe any of the information they had received
showed that WiFi reached an unacceptable level regarding health concerns. The radiation it
gives is less than many other things such as garage doors and cell phones. The WHO, the
MN Dept of Health, the American Medical Association and others had found WiFi to be
acceptable. He didn’t think the health concerns were a basis for denying it. By pretending it
didn’t exist would not stop it, it would make their city stronger and allow them to provide
more options to citizens and public institutions. It was appropriate to invest and better serve
the public.
Councilmember Sanger thought they hadn’t focused on the benefits of going forward with
WiFi; to offer high-speed Internet access to the residents. Many parts of St. Louis Park only
have one provider offering that service and they effectively have a monopoly and were
charging to match. This will offer people a more affordable choice. One of the speakers
believed the price estimated of $25/month for a home was expensive, but the comparison
should not be to dial up service, but to other high-speed Internet services. This will be
useful for businesses that don’t have choices. There were several comments about alleged
health concerns of providing this service. From what they had seen from mainstream
medical services, this did not seem to be an issue for most people. She understood
sensitivities to electrical fields, but it appears they can protect themselves by choosing not to
sign up for this service. They were going down the right path with the pilot project. She
heard from many residents interested in going forward. There was some risk because they
didn’t know how many people would sign up. They had taken other risks that had paid off
and she supported the project.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt
Resolution No.05-161 authorizing staff to proceed with a pilot project for wireless high-
speed Internet service at a cost not to exceed $280,000 with the intention of subsequently
establishing a citywide wireless high-speed Internet service unless the results of the pilot
study suggest that it is unadvisable to proceed further.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 7
Councilmember Basill stated he opposed spending money on the study to begin with and
would not support this. Wireless can provide a low cost convenient alternative, however, they
were talking about spending $300,000 to $4.5 million of taxpayers money. If it was not
successful, that money was at risk and taxpayers needed to know that. The survey did not ask
if people would support it if they were spending that money. They didn’t know what the price
points would be. Google offered the entire City of San Francisco free wireless in exchange for
advertisement. They were going to put taxpayer money at risk and he didn’t feel good about
doing that when the private market was coming in with different alternatives.
Councilmember Finkelstein asked Mr. Pires to comment on the City of San Francisco’s
experience with Google and why they hadn’t been looking to partner with the City of
Minneapolis. Mr. Pires stated Google had made overtures to provide free wireless to San
Francisco. The City of San Francisco had subsequently decided to issue a request for
proposal and look at other options in addition to Google. With regard to Minneapolis, they
had talked about access to their network in the suburbs, but they were talking about having
radios at the borders, which could potentially spill into other communities. They had not
expressed any interest in partnering with other communities. The other issue with
Minneapolis was the model they were looking at was akin to a franchise cable TV model,
where the company would build, own and operate the system and have total control over
pricing. One of the goals in St. Louis Park had been to make services like this competitively
priced and affordable to people who couldn’t currently afford it.
Councilmember Brimeyer asked if there were grades or tiered levels of pricing for different
kinds of users such as businesses willing to pay more if they have a network? Mr. Pires
replied they talked about experimenting with different tiers, which may be slower or faster
than the standard one. There potentially could be more than two tiers of service and perhaps
lower than the $25 tier. This was something they would learn through experience with the
pilot.
Councilmember Santa stated there had been comments about risking taxpayer money, yet
earlier they heard discussion about enterprise funds, that must be supported by the users.
What did that mean for a pilot project and for a rollout? Mr. Pires indicated the intent would
be a utility model, rates would be charged to recover both the capital investment and the
operational costs. To start that, they need to borrow money and then recover those costs
through the utility fees. Mr. Harmening stated the source of funds to build this system was
the Economic Development fund. They would borrow the initial $280,000 from that fund
and set up a formal loan that would be repaid with subscriber fees and do the same for the
$4.4 million that would be needed to build the entire system. A speaker stated earlier that
each resident would be asked to pay $217 toward the construction and operation of a system.
They were not charging residents through property tax dollars. The people who will be
paying for the construction and operation would be those who desire to use the Internet
service.
Councilmember Basill indicated the difference was people need water and sewer and do not
need Internet. The risk goes to taxpayers because if they take this loan and are unable to get
the subscribership to pay it back, it would fall on the entire community to pay back the loan.
If the private market comes in and does this better, with a better and less expensive product,
the taxpayers would be held responsible for the loan.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 8
Councilmember Omodt stated he opposed the pilot project. Initially he was in favor, but he
had a fear that technology would pass them up too fast before they could implement this. He
also had a fear if the marketing study was off that they could be wrong. He hoped he was
wrong. They met with Qwest who said they would come in with new systems in parts of St.
Louis Park. He feared technology would move too fast and they would be stuck with an
infrastructure that doesn’t make a lot of sense and that they couldn’t upgrade fast enough.
Councilmember Sanger disagreed with Councilmember Basill about not needing Internet
service. It may be true that not everyone needs it 100% today, but going forward it will be
something as essential as any other public utility. It is necessary for business, education and
to keep the community competitive. If they were going to wait for the private sector to
come in and make a good product and choices available for the community, they would be
waiting a long time. A wireless provider did come to town to look into providing services to
the community, investigated, did due diligence and left. The speaker who said they couldn’t
make a big enough profit was probably accurate. The City was not there to profit, they were
on a break-even basis and would get it done long before any private enterprise made
themselves available.
Councilmember Finkelstein added if private enterprise came forward after they started a
pilot project, then they had something to talk about. They were dealing with leapfrogging
technologies that needed a jumpstart. They were competing against other countries and for
their children to be prepared, they needed to make technologies available, even with full
knowledge that at some point they may become out moded.
Councilmember Basill clarified it was a different choice, some people can chose not to have
Internet. Certainly they need Internet, there was no question. Technology is moving very
fast. They had to realize that as a City and be cognizant of that risk.
Mayor Jacobs stated his initial reaction was that they shouldn’t do this because he was
concerned about the money they were going to spend. He was a little more comfortable now
that it was coming out of an enterprise fund. He understood if it failed, they would have to
repay the loan. The idea of it being characterized as a utility fund gave him less trepidation.
He initially didn’t believe it was the role of government, then he read, The World is Flat, by
Tom Freedman. The further he got into the book, the more he recognized that they were not
competing against St. Louis, Missouri, they were competing on a global economy. He was
supporting this now because it was a pilot project, they were not spending $4.4 million at
this point. They were spending $280,000, which was a lot of money. They had talked about
an exit strategy and potential partnerships with private business. He also talked with a
representative from Qwest, but agreed if this serves as a jump start to the private market to
fill the gaps in areas of St. Louis Park that don’t have this, maybe it’s a win and they can get
out of it and recoup much of the cost of doing it. Technology is changing, but when you
look at the municipal applications, he could justify it and on the basis that it might
potentially jumpstart the private market. He still had trepidation about whether this was the
legitimate role of government, but he didn’t see the private market coming to the forefront
and saw the need to have this done. He was interested to see whether or not the municipal
applications could justify themselves and the cost before they move forward and spend $4
million. This was something he thought they could recoup if they had to.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 9
Councilmember Basill commented once a decision was made and there is a commitment,
they would champion it and hopefully make it successful.
Councilmember Omodt agreed and thanked staff for their work.
The motion passed 5-2, with Councilmember’s Basill and Omodt opposed.
8c. Hoigaard Village Amendment to the Official Zoning Map, Preliminary Planned
Unit Development (PUD), Preliminary Plat, Variance from the Subdivision
Ordinance, Case No. 05-61-S, 05-62-PUD, 05-63-VAC Union Land II, LLC., SW
Quadrant of Highway 100 and Highway 7
Resolution No.’s 05-162 and 05-163
Mr. Fulton presented the staff report.
Councilmember Basill asked for clarification on the variance. Mr. Fulton responded it was a
variance from the subdivision code and subject to different standards, that required a ten-
foot easement around each of the boundaries. They were providing substantial easements
for the pond and park areas and in areas where there are public utilities.
Councilmember Basill asked for clarification about a connection to the trail system on the
final PUD. They would be putting more traffic on this corridor and needed connections all
the way across Highway 7, not just to the trail. Mr. Fulton replied staff was looking at the
trail, specifically on Wooddale Avenue and engineering was determining costs of improving
the intersection.
Councilmember Finkelstein believed it was appropriate to separate the distinction of the sidewalk
issue from Wooddale. Mr. Fulton replied that may be something staff can address when looking at
the streetscape plan for West 36th Street and how that is carried forward on Wooddale.
Councilmember Omodt asked for further clarification about MNDot requesting the pond be
moved. Mr. Fulton replied the pond might move 5-10 feet for Highway 100 reconstruction.
Councilmember Sanger didn’t recall previous discussions regarding building elevations and
exterior materials and was uncomfortable being asked to address that aspect of the plan.
Can that be removed until they had an opportunity to look further at the elevations and
materials? Mr. Fulton responded the cementious siding had been used in the past and it had
been determined to be a class one material. Staff felt it was appropriate to make Council
aware that this was something they wanted to address.
Councilmember Sanger believed they were being asked to vote on this and was concerned
without seeing what it would look like. Ms. McMonigal stated staff could bring that back
with the final PUD and plat.
Councilmember Brimeyer asked for clarification that the pond would not be constructed and
then moved. Mr. Fulton responded staff was working with MnDot before the final PUD
came forward.
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Councilmember Omodt asked if that would affect Developed Outdoor Recreation Area
(DORA)? Mr. Fulton replied it was not anticipated it would drop below 12%, but it may not
be quite 17%.
Marie Cote, SRF Consulting, discussed the traffic studies.
Councilmember Santa indicated this area was different because there was also train traffic.
Were trains taken into consideration when talking about the level of service? Ms. Cote
replied no, they worked with City staff and because there wasn’t any defined time that trains
crossed, they did not include them. Having a train crossing during the peak hour would
have a significant impact.
Councilmember Finkelstein asked what happened if they didn’t assume there would be trip
reductions from Hoigaard’s, he noted it had a significant reduction in the plans? Ms. Cote
replied what Table 3 represented was because of the current uses, was the comparison was
made with the proposed use, subtracting out the existing use.
Councilmember Finkelstein asked according to that, it would have less than half of the traffic as
a result of shrinking the Hoigaard’s store, if it moves there? Ms. Cote responded correct.
Councilmember Sanger indicated since they don’t know whether it would be Hoigaard’s and
could be some other form of retail, wouldn’t it have a dramatic impact on the level of traffic
generated? Ms. Cote replied due to the size of the store that was assumed, it would have
very little difference. Typically for commercial uses, they use the shopping center rate,
which is the higher rate. They tend to use the worst-case scenario.
Councilmember Sanger stated it sounded like they were telling them that traffic will be so
bad most of the day within a couple of years, that it was hard for this to make it much worse.
Was that correct? Ms. Cote replied yes. The only solutions to the operations in this area
were solutions that were much larger than what this study would cover such as Highway 100
and grade separations. Unless they were willing to have no development, the operations
would continue to worsen until major improvements were made.
Noah Bly, Urban Works Architecture, discussed the site plan, urban design and architecture.
Councilmember Omodt indicated last time they said the height was 54’ on the Hoigaard
building and now it was 60’, could they address that? Mr. Dunbar responded he had been
informed that they would be using a different architectural system, which gave it greater
height and soundproofing.
Councilmember Basill asked Mr. Dunbar to address the setback in the front. Mr. Dunbar
replied it was 22’ from the curb to the building, and indicated there were two points where it
was 15’ at the corners and the remainder was 22’. Mr. Dunbar stated this was something
they could work with on the final plan.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 11
Councilmember Sanger commented she was distinguishing this vote on potential land use
from the vote yet to be taken. The applicant had asked for TIF financing and she wanted to
be clear her vote today was on land use, they should not assume she would also support the
TIF application.
Councilmember Finkelstein stated in looking at this project, it either made sense or it didn’t
whether or not Hoigaard’s was included. He hoped they would be there, but if they weren’t,
either the project made sense or not. He initially had a concern about this project, after a lot
of thought he believed it made sense because it was so close to the LRT stop, having a
variety of housing, and the storm retention pond that served a 50 acre site made a lot of
sense and would help the entire area.
Councilmember Basill commented about feedback from the neighborhood and Council was
well aware of the problem at Wooddale and Highway 7 and concerns for pedestrian safety.
With this project, setback to the street was very important. He was not sure about the
cementious product. This is the first project on that strip and it needed a superior design.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt First
Reading of an ordinance amending the Official Zoning Map and set Second Reading for
December 5, 2005.
The motion passed 7-0.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No. 05-162 of approval for the Preliminary Planned Unit Development, subject
to conditions in the resolution.
The motion passed 7-0.
It was moved by Councilmember Basill, seconded by Councilmember Omodt, to adopt
Resolution No.05-163 of approval for the Preliminary Plat and Variance from the
Subdivision Ordinance, subject to conditions in the resolution.
The motion passed 7-0.
It was moved by Councilmember Basill, seconded by Councilmember Omodt to approve Firs
Reading of an ordinance approving the Vacation of an Alley and set Second Reading for
December 5, 2005.
The motion passed 7-0.
8d. Request of JMW Development LLC for a Comprehensive Plan Map
Amendment from Industrial to Commercial; and a Zoning Map Amendment
from IP – Industrial Park to C-1 –Neighborhood Commercial, 5330 Cedar Lake
Road, JMW Development, LLC, Case No.: 05-34-CP and 05-35-Z.
Resolution No. 05-160
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Ms. McMonigal presented the staff report.
Paul Maenner, JMW Development, discussed the company background and the proposed
project including traffic impacts and parking.
Councilmember Omodt asked if the rain garden was part of the storm water runoff system?
Mr. Maenner replied yes.
Councilmember Omodt asked what restaurants? Mr. Maenner responded it wasn’t finalized,
but a restaurant type would be something akin to Chipolte. They have coffee vendors
interested. The goal would be to create a high quality asset.
Councilmember Sanger stated one concern was having food establishments and other retail
that would appeal to office workers across the street. There would be more pedestrians
going across the street and they needed to be aware that it was essentially freeway ramps. It
concerned her to have pedestrians going across the ramp and cars being permitted to make
left turns across those ramps to get in and out of the parcel. She asked staff to look at
establishing a median and making it right in, right out driveways.
Councilmember Brimeyer asked the parking requirement for a restaurant? Ms. McMonigal
responded the typical retail parking was one stall per 180 square feet of retail space.
Councilmember Finkelstein stated this was close to Highway 100 and they were talking
about a potential $500 million development north of this. When you bring potential safety
concerns with people running across the street, he thought they would be asking for a lot of
trouble.
Councilmember Sanger commented she struggled with this and saw potential issues, but it
wasn’t serving them very well to be industrial. This plan will be an improvement both
aesthetically and economically. She wasn’t sure they could count on a vibrant industrial use
on this site. This was an awkward site for anything. The retail use was better than anything
else she could think of for the site. For ten years she had been hearing how the site to the
North was going to be redeveloped. It wasn’t fair to hold up plans for this site based on the
fact that some day there may be a new office tower built north of here.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to adopt
Resolution No. 05-160 approving the Comprehensive Plan amendment to change the land use
designation from Industrial to Commercial and approve summary for publication.
The motion passed 6-1, with Councilmember Finkelstein opposed.
It was moved by Councilmember Sanger, seconded by Councilmember Omodt, to approve
1st reading of the attached ordinance approving the zoning map amendment to change the
zoning designation from IP – Industrial Park to C-1 – Neighborhood Commercial and set
second reading for December 5, 2005.
The motion passed 6-1, with Councilmember Finkelstein opposed.
St. Louis Park Council Meeting
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Councilmember Brimeyer noted when this comes forward, he would not be excited about
the concept of a drive-through restaurant. Ms. McMonigal responded a drive-through
required a conditional use permit.
Councilmember Sanger indicated the traffic flow within the site might affect how she felt
about a drive-through restaurant as well.
8e. Comprehensive Plan Map Amendment from Low Density Residential to
Medium Density Residential; and a Zoning Map Amendment from R2 Single
Family Residential to R4 – Multi Family Residential, Case No.: 05-58-CP and
05-59-Z Mitchell I. Kieffer 5714 Lake Street West
Resolution No. 05-164
Mr. Morrison presented the staff report.
Fred Mutchler, 5701 W Lake St., stated he presented a petition to the Planning Commission.
The issues hadn’t changed. St. Louis Park’s vision is for families and single-family homes.
There is office space throughout St. Louis Park, many on Lake Street. Statements had been
made by the applicant regarding not changing the exterior and using it as a small office
space. There isn’t any way to enforce that in the future if the proposal were to be allowed. It
could be put up for sale tomorrow and they would have the benefit of the zoning change.
The neighborhood felt it should stay as a single-family home. They welcomed the applicant
to live there.
Sue Budd, 3071 Zarthan, indicated she lived in a town home behind this property and this
would impact many residents and their living conditions.
Mitchell Kieffer, applicant, noted he had bought a home in St. Louis Park. The City
Planning Commission voted to deny this request, but the final decision rested with this body.
His family built the apartment building next door to this property in 1968 and had taken
great pride in this community. They had made substantial investment in the building and
enhanced the neighborhood. Their building is zoned R4, the town homes are also zoned R4.
This property is about 70% surrounded by R4 zoning. The staff recommendation was
originally for approval of this request. He did not feel they were given a fair hearing by the
Planning Commission, who scheduled the hearing on Rosh Hashanah and he was not able to
attend. Considerable work needed to be done to this property and they had put a lot of
money into correcting the deficiencies. They wouldn’t have done that if their plans were to
erect a multi-housing project. It looks like it has been lived in and his children play there.
Members of the Planning Commission expressed concern regarding the long-term plan for
this property. They were planning to keep their office at the property for the foreseeable
future and did not know what the long-term future held. Because of interest expressed by
members of the Commission, they had given considerable thought to this question. Their
vacancy rate at 5700 has been around 20% over the past two years. He did not know what
the future held for the need for apartments. He had no intention to come before the Planning
commission asking for a conditional use permit for apartments or condominiums. If
circumstances arise and were favorable for multi housing, they could have an interest. He
co-owns a company that distributes products to large retail chains. They do not distribute
products from their property, the garage is not used for a warehouse, and they rarely have
visitors. He and his partner have families that occasionally stop by. It looks like any other
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 14
families home. The property fronts a thoroughfare, with major bus lines. The 5700 block of
West Lake Street is not a quiet side street entirely composed of single-family homes. It is a
mixed-use thoroughfare. They do not believe their use of this property would detract from
the immediate neighborhood.
Councilmember Omodt apologized the hearing was held on Rosh Hashanah. This property was
purchased and they started using it for something it wasn’t zoned for and after the fact asked
for a rezoning. That usually doesn’t go over for other applicants who had done something like
that. That wasn’t to say they didn’t have a good track record. From his perspective as a
Councilmember when people buy property and use it for something and then ask for the
zoning, it is backwards and makes it hard to see the other side.
Mr. Kieffer noted they came from Minneapolis where they are allowed to do this. When
they found out they immediately made the correct applications. They would not have done
it had they known differently.
Councilmember Sanger commented that the scheduling of the first Planning Commission
meeting was done incorrectly and by the time it had come to their attention, it was too late to
cancel the meeting for legal reasons. By giving them the tape of the meeting and extending
it to the next meeting, they did the best they could to provide the opportunity for them to
address their comments. That needed to be separated form the merits of the application for
the rezoning of the property. The property continued to appear as if it’s a single-family
occupied dwelling. Her concern was that it was their intent for the next few years, but if this
proposal were granted, they would have every right to change the use of the property to
something far more intensive. It is at the edge between single-family residential and more
intensive uses. They were trying to preserve single-family homes. She could not support the
proposal.
It was moved by Councilmember Sanger, seconded by Councilmember Brimeyer, to approve
Resolution No. 05-164 to deny the Comprehensive Plan amendment to change the land use
designation from Low Density Residential to Medium Density Residential and to deny the
zoning map amendment to change the zoning designation from R-2 Single Family
Residential to R4 – Multi Family Residential.
Cyril Kieffer, 2500 Huntington, stated she noticed what was allowed under residential
zoning and they could add onto this house and have a bed and breakfast or a group home.
Neighbors should be aware could be something different than they were expecting and not
be quite as quiet as the office is now, being used in a similar way as a house. A comment
for future meetings is to note it is a holiday on the notice that is sent.
The motion passed 7-0.
8f. PUD SilverCrest Properties
Ms. McMonigal indicated the Council would receive a letter from the applicant and briefly
reviewed the project.
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Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 15
Mike Gould, SilverCrest, stated the intent of the letter was to update the pertinent facts and
the enhancements they agreed to do. The partners thought about what they could do to make
a step forward and the proposals they brought back were to provide for the last 17% of units
be sold to people over 55 if at that point at least half of the building had not been sold to
people over 55. A concern was when they resell a unit. That was something they could not
address. It would allow the initial fill of the building to be for people over 55 close to 50%.
One of the other concerns was height and density. They discussed postponing this until the
December 5th meeting at which time they could look at taking a story or two off of the
building and reducing the number of units and determining at which point it no longer made
sense to proceed with it.
Councilmember Finkelstein asked for further clarification on the percentage of units for
seniors. Mr. Gould replied if at least 50% of the units had not been sold to people over the
age of 55, the last 17% of the units (25) they would mandate be sold to people over 55. The
lender said that was fine and the partners agreed to that.
Councilmember Santa indicated she would like to know the height of the building in feet (if the
height changed), the number of units, and how that would impact parking or traffic.
Mr. Harmening requested the applicant submit a letter extending the time period for City
Council to act on this through December 5th. Mr. Gould agreed.
Councilmember Brimeyer was concerned about sending the applicant back for nothing.
Councilmember Sanger stated if they were being asked to approve a deferral and Mr. Gould
was initiating it, she was willing to give them the deferral. That was not to say she was
going to be voting to approve whatever he came back with. Her concern with the age
restriction was still not being addressed.
Councilmember Finkelstein stated this was the first he had heard of the changes reducing the
height and adding the senior requirement. He wanted to think about the implications.
Councilmember Basill agreed, they hadn’t even seen the proposal. He commended the
applicant for working hard on this. He was working on the senior component, the traffic and
the height issue. He didn’t think the applicant minded taking two more weeks for the
decision. If they do those things, there is a better shot in two weeks.
Councilmember Omodt agreed with Councilmember Brimeyer and didn’t want to send him
back and do what they did the last two times. Mr. Gould had always been honorable. He
thought it was funny that Hoigaard’s was here with a “D” traffic rating and there was
nothing they could do, but now they were worried about traffic this would generate. It made
no sense to have traffic as an issue if they just approved Hoigaard’s land use.
Councilmember Brimeyer asked if the applicant was willing to defer? Mr. Gould replied yes.
St. Louis Park Council Meeting
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Page 16
Councilmember Basill disagreed with Councilmember Omodt because they were getting a
better project. He had many meetings with Mr. Gould and at no time had he felt he was
uncomfortable. He knew they were trying to do the right thing for him and the right thing
for the city and if it took another two weeks, they should do it.
It was moved by Councilmember Basill, seconded by Councilmember Sanger, to continue
the item to December 5, 2005.
Councilmember Santa stated that she supported the project the way it was. She believed seniors
from 55-70 wanted to live with people their age, but didn’t want the label. It is the largest growing
segment of the population and it was a marketing issue more than anything else. The 14-stories
had been settled. She hoped they could resolve this and agreed with Councilmember’s Brimeyer
and Omodt, this had gone back and forth and it wasn’t right.
Councilmember Sanger indicated she had heard from residents about this issue and everyone
who had talked to her was a potential customer and all said they wanted it to be age
restricted and urged her to stand firm because there were many other condo projects that
were mixed age and liked the age restricted building.
Mr. Gould believed they were both right, the 55-70 year old did not want a senior stigma
building, where seniors over 70 would like that.
Councilmember Sanger noted they were seniors still in their own homes that were younger
than 70.
Councilmember Finkelstein stated it was their role to try and make a project better.
Councilmember Omodt responded no one was saying they were not trying to make
something better. To hang this up on traffic didn’t make sense.
Councilmember Basill requested this item be moved up on the agenda at the next meeting.
The motion passed 7-0.
8g. City Engineer’s Report: Westdale Park Detention Pond, Project No. 2006-1300
Resolution No. 05-165
Mr. Brink presented the staff report.
Councilmember Brimeyer stated they were losing playground equipment by pursuing this
project. There will be a new connection to the new equipment at the nature center.
Mr. Brink indicated at Westdale Park the soils were soft and the maintenance had been an
issue for the Park and Rec. Department over the years. It was a natural fit to move the
equipment somewhere else where it would be better maintained and used.
St. Louis Park Council Meeting
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Page 17
Chris Monicatti, 1421 Flag Av., stated he was not here to oppose this, but to give them an
idea of what the park meant. They have a park in their back yard and bought a home on that
lot because of that. The park had been in existence for decades. It was put in place by the
residents who lived there years ago. It was considered difficult to maintain, but it never
really was maintained or given a lot of care. He and his neighbors had appreciated having a
park and understood there would be other playground equipment. He had seen people put
housing units on swamps and he did not fully accept that the park was beyond repair or that
it wasn’t salvageable. He would like to have seen other plans to try to keep the park, but
that was not the case.
Mayor Jacobs asked if it was beyond repair and beyond salvaging? Rick Birno, Park and
Recreation, replied his understanding from Park Superintendent Rick Beane, was that
mowing was difficult. Play structures go through a safety audit every year and this structure
shifts so much with the soft ground with the freezing and thawing, they can’t pass it. Even
if they put in a new structure, they didn’t think they could pass it. The structure had to be
removed, the basketball court could stay. They planned to pull out the structure and the
basketball court and change it to green space.
Stephanie Milstein, 1345 Flag Av S, stated that the park was disgusting. It is rusted and
unrepairable. She only hears people smoking pot and partying in back of her house. She
never sees kids. She wouldn’t put a dog in that park. The basketball isn’t bad, but the rest is
terrible. This would be a service to the community.
Mr. Monicatti disagreed that people were back there smoking pot. There were teenagers
occasionally and if that were the case, they would have heard about it sooner. He wasn’t
saying there weren’t merits to why they would want a pond and a skating rink, but if their
goal was to have families with children move in and stay in the houses and have places to
play, they have to make tough decisions to keep areas for kids to play. This is not a good
street to allow kids to go down to the Westwood Nature preserve, nor would he allow them
to walk unattended through that preserve. He understood many people enjoyed the park for
30 years and the residents chose to put that park in place. It would have been nice to have
seen someone try to maintain it over the last eight years and to give them a place where their
kids could play.
Councilmember Sanger wanted to clarify that the main reason they were doing this wasn’t
because of the park and how easy it was to maintain, but because of the need to cleanse
storm water and deal with pollution. Mr. Brink replied correct. This detention pond would
take care of about half of all of the drainage going into Westwood Lake. The main intent of
the pond was for water quality purposes.
Councilmember Omodt asked if there was any middle ground where they could keep a small
playground in this area or if they reconfigure the pond to leave land for a pocket park? Mr.
Birno responded that the Parks Department feeling was that they could not maintain a
structure there safely any longer because of the movement of the ground without
considerable expense creating a base that makes sure that structure did not move from
season to season. Regardless of the pond, their recommendation would be to remove the
structure.
St. Louis Park Council Meeting
Item: 010306 - 3a - Minutes City Council Nov. 21, 2005
Page 18
Councilmember Basill believed it was unfortunate and could understand wanting to have a
park, but the ground was unstable and there are safety concerns.
Mayor Jacobs agreed. They couldn’t second-guess the Park Department. Safety standards
were very different than they were years ago. He didn’t see a feasible way to save the park.
It was moved by Councilmember Brimeyer, seconded by Councilmember Santa, to adopt
Resolution No. 05-165 accepting this report, establishing and ordering Improvement
Project No. 2006-1300, approving plans and specifications, and authorizing advertisement
for bids.
Councilmember Omodt asked if the ground at the new site was any better? Mr. Birno
replied yes, the new location was West of the parking lot and the ground is more stable and
has proper drainage.
Councilmember Omodt asked what equipment they were putting in? Mr. Birno replied the
neighborhood selected Game Time. Diagrams were available.
The motion passed 7-0.
9. Communications
Mayor Jacobs reported the next Bookmark in the Park meeting is scheduled for December 1st, 3:00
at City Hall.
10. Adjournment
The meeting adjourned at 11:54 p.m.
______________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 010306 - 3b - Minutes Study Session Nov. 28, 2005
Page 1
UNOFFICIAL MINUTES
CITY COUNCIL STUDY SESSION
November 28, 2005
The meeting convened at 6:30 p.m.
Councilmembers present: John Basill, Phil Finkelstein, Susan Sanger, Sue Santa, Jim Brimeyer
and Mayor Jeff Jacobs.
Councilmember Paul Omodt was absent.
Staff present: City Manager (Mr. Harmening), Public Works Director (Mr. Rardin); Director of Park
and Recreation (Ms. Walsh), Operations Superintendent (Mr. Hanson), and City Clerk (Ms. Stroth).
1. Arts Programming and Fund
Sue Schneck, from Friends of the Arts, was present.
City Manager Mr. Harmening indicated money had been set aside for staff and program
assistance. Mr. Harmening would like to know if, conceptually, the Council is comfortable
with the two ideas/initiatives to further arts and cultural activities in the community. The
2006 budget includes funding for arts related activities as follows: 1) $20,000 for an arts
related program; and 2) $20,000 to provide staffing resources to the City and Friends of the
Arts. Mr. Harmening stated it need not be just a one year commitment, and that some day it
should be self-sufficient. Mr. Harmening introduced Ms. Walsh and Ms. Schneck.
Councilmember Finkelstein thinks it is a great idea; he would like people of all ages to use
the parks. He added, to find arts opportunities, the City must invest.
Councilmember Santa is supportive but would not want it to become a battleground. Ms.
Schneck said the objective would have to be clearly defined to establish criteria.
Councilmember Sanger stated she likes the idea, but favors having an administrator to get a
more global picture of where arts programming and funding would be headed.
Councilmember Sanger’s concerns are: $20,000 is not much and anything that is done
should be visible to the community; and that this is tied to parks projects. Councilmember
Sanger asked how to deal with this in those neighborhoods that are not organized.
Councilmember Brimeyer suggested the Council decide what this will look like in four years.
He was interested in a percentage of the funding used for public school arts program and
events for adults and youth. Ideas for events could include a “Youth Sculpture Walk” at Park
Commons. He indicated the need to hire or contract with someone who meets the objectives
with all the components included. Ms. Schneck suggested a presentation be prepared for
Community Education.
Councilmember Finkelstein would like to reach out to include residents who live in
apartments and condominiums and are not active in neighborhood associations.
St. Louis Park Council Meeting
Item: 010306 - 3b - Minutes Study Session Nov. 28, 2005
Page 2
Mayor Jacobs said the niche could be children first, i.e., a collaboration between youth and
arts.
Mr. Harmening remarked, there is conceptual support and the need to bring back specifics to
move forward. The Council is supportive of funding in 2006 but more details are needed.
2. Executive Session – City Manager Evaluation
The closed Executive Session regarding the evaluation of the City Manager took place from
7:00 to 8:00 p.m.
3. Sidewalk Snow Removal
Mr. Rardin presented a Staff report regarding sidewalk snow removal.
Councilmember Sanger wants passable sidewalks, and she listed some suggestions.
Discussion took place whether this was a community wide problem and whether an
aggressive response was needed.
Councilmember Basill felt there was no problem regarding snow removal and to provide
more information to residents how to report problems.
Councilmember Sanger recommended a stronger communication plan.
Councilmember Brimeyer said a task force may be a good start to determine the seriousness
of impassable sidewalks; and one remedy might be rigid enforcement.
Mr. Harmening said an aggressive ticketing process during the first snowstorm last year was
a good idea, but needed a better design method of enforcement.
Councilmember Basill would like to change six hours to 12 hours for snow removal
completion by residents.
Mr. Rardin suggested staff use this winter to assess how bad the problem is, and to educate
residents with more communication on snow removal.
2. TH 7 Wooddale Avenue Intersection Improvements
Mr. Rardin led the discussion for this item. He reviewed the two interchange concepts
considered and current funding. He said there would be nothing for the next few months and
are waiting to hear the outcome of the City’s request for funds. Legislative consideration is
expected between February and April of 2006.
St. Louis Park Council Meeting
Item: 010306 - 3b - Minutes Study Session Nov. 28, 2005
Page 3
3. TH 100 Interim Improvements
Mr. Rardin reviewed the timeframe and schedule. He stated Mn/DOT has started the
Municipal Consent Approval Process.
Councilmember Sanger is disappointed with the MnDOT plans because the public process is
missing.
Discussion took place regarding the design of new interchange and the safety of narrow
lanes. Steps have been identified by Staff to respond to Mn/DOT’s interim project submittal
and their expected response to the City’s concerns.
4. Pool Pump Enclosures
Councilmember Sanger reported that noise from motors for above-ground pools is
problematic. The request is to amend an ordinance on pools to require that motors be
enclosed. Councilmember Sanger sees no downside to making this type of requirement.
Councilmember Brimeyer said to justify such a change, it would have to be tied to a decibel
level and frequency. The Council discussed options.
Mr. Harmening summarized that from an ordinance change perspective, only installation of
new pools would be affected. The new policy shall require enclosures for circulating pumps
and motors.
The meeting adjourned at 9:35 p.m.
_____________________________________ ______________________________________
City Clerk Mayor
St. Louis Park Council Meeting
Item: 010306 - 4a - Designate Official Newspaper-Moved To 8e.
Page 1
4a. Motion to adopt a Resolution designating the St. Louis Park Sun-Sailor as the
City’s Official Newspaper for year 2006
Background:
MS 331A.02 and Charter Section 3.07 require that a legal newspaper of general circulation be
designated for publication of the City’s official proceedings and notices and such other matters
and measures as are required by law and City Charter.
Basis of Recommendation:
1. The paper is delivered to nearly all residences in the City, thereby providing city-wide
coverage of legal notices and other city government issues to residents.
2. The paper has served well as the official newspaper for many years.
3. The paper has expressed a desire to continue to provide this service.
4. The cost for legal publications is reasonable and they are not increasing their rates for the
fourth year in a row.
5. All legal notices are posted on Sun Sailor’s website at no additional charge.
6. Two notarized affidavits on each publication are provided at no additional charge.
New residents receive information regarding distribution of the Sun-Sailor Newspaper in their
new resident packet.
Staff recommends designating the St. Louis Park Sun Sailor as the official newspaper for the
City of St. Louis Park.
Attachment: Resolution
Letter from Sun Newspapers (Supplement)
Prepared by: Kris Luedke. Administrative Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4a - Designate Official Newspaper-Moved To 8e.
Page 2
RESOLUTION NO. 06-005
A RESOLUTION DESIGNATING THE ST. LOUIS PARK
SUN SAILOR AS THE OFFICIAL NEWSPAPER
FOR CALENDAR YEAR 2006
WHEREAS, MS 331A.02 and Charter Section 3.07 require that a legal newspaper of
general circulation be designated for publication of the City’s official proceedings and notices
and such other matters and measures as are required by law and City Charter; and
WHEREAS, the St. Louis Park Sun Sailor is a duly qualified medium of legal
publication;
NOW THEREFORE BE IT RESOLVED that the St. Louis Park City Council hereby
designates the St. Louis Park Sun Sailor as the City’s Official Newspaper for Calendar Year
2006.
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
010306 - 4b - Declare Council Meeting Dates
Page 1
4b. Motion to adopt resolution declaring 2006 City Council meeting dates
Background:
The St. Louis Park City Council Rules and Procedures require Council to set and approve
meeting dates each year.
The City Council's policy is not to meet on New Year's Day, Martin Luther King Day,
President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day,
Rosh Hashanah, Yom Kippur, and Passover. For New Year's, Christmas and Yom Kippur, this
includes the evening before the holiday. For Rosh Hashanah, and Passover this includes the first
and second evenings of the holiday.
A. Regular Meetings
Regular meetings will be held on the first and third Mondays of each month at
7:30 p.m. A schedule of all regular meetings and recognized holidays will be kept
on file at City Hall. Regular meetings can be cancelled or rescheduled at any
time, provided Council meets at least once per month.
Current policy states that when the meeting date falls on a holiday, the meeting will be scheduled
on the next succeeding day that is not a holiday, unless another day has been designated in
advance. If the Tuesday is also a holiday, the meeting is moved to the same hour on the next
succeeding Monday that is not a holiday. Council also has the discretion to move the meeting to
the Wednesday following the first two evenings of each holiday observance if deemed necessary
at that time.
Please note that the first meeting in July falls on July 3. Given that the next day is Independence
Day, we have proposed to not meet that week.
Recommendation:
Staff recommends approval of the meeting dates in Exhibit A of the attached resolution.
Attachments: Resolution
Prepared by: Kris Luedke, Administrative Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park City Council Meeting
010306 - 4b - Declare Council Meeting Dates
Page 2
RESOLUTION NO. 06-006
RESOLUTION DECLARING
2006 CITY COUNCIL MEETING DATES
WHEREAS, the City Council Rules and Procedures require Council to annually declare
its public meetings for the year,
WHEREAS, the City Council takes holidays into consideration when declaring public
meetings and has chosen to not meet on New Year's Day, Martin Luther King Day, President's
Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Christmas Day, Rosh
Hashanah, Yom Kippur, and Passover of each year,
WHEREAS, regular meetings will be held on the first and third Mondays of each month
at 7:30 p.m. If the meeting date falls on a holiday, the meeting will be scheduled on the next
succeeding day that is not a holiday, unless another day has been designated in advance. Regular
meetings can be cancelled or rescheduled at any time, provided Council meets at least once per
month,
NOW, THEREFORE BE IT RESOLVED that the City Council of St. Louis Park has
reviewed Exhibit A and declares those dates to be the public meeting dates of the City Council.
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park City Council Meeting
010306 - 4b - Declare Council Meeting Dates
Page 3
Exhibit A
2006 City Council Meeting Dates
Jan. 3 Regular Meeting
(Tues, New Years Day)
June 26 Study Session
Jan. 9 Study Session July 10 Regular Meeting/Study Session
Jan. 17 Regular Meeting
(Tues, Martin Luther King Jr. Day)
July 17 Regular Meeting
Jan. 23 Study Session July 24 Study Session
Feb. 6 Regular Meeting Aug. 7 Regular Meeting
Feb. 13 Study Session Aug. 14 Study Session
Feb. 21 Regular Meeting
(Tues, President’s Day)
Aug. 21 Regular Meeting
Feb. 27 Study Session Aug. 28 Study Session
Mar. 6 Regular Meeting Sept.5 Regular Meeting
(Tues, Labor Day)
Mar. 13 Study Session Sept. 11 Study Session
Mar. 20 Regular Meeting Sept. 18 Regular Meeting
Mar. 27 Study Session Sept. 25 Study Session
Apr. 3 Regular Meeting Oct. 3 Regular Meeting
(Tues, Yom Kippur)
Apr. 10 Study Session Oct. 9 Study Session
Apr. 17 Regular Meeting Oct. 16 Regular Meeting
Apr. 24 Study Session Oct. 23 Study Session
May 1 Regular Meeting Nov. 6 Regular Meeting
May 8 Study Session Nov. 13 Study Session
May 15 Regular Meeting Nov. 20 Regular Meeting
May 22 Study Session Nov. 27 Study Session
June 5 Regular Meeting Dec. 4 Regular Meeting
June 12 Study Session Dec. 11 Study Session
June 19 Regular Meeting Dec. 18 Regular Meeting
St. Louis Park Council Meeting
Item: 010306 - 4c - Westdale Park Pond Project Bid Tab
Page 1
4c. Bid Tabulation: Motion to designate Olympic Construction Services, Inc. as the
lowest responsible bidder and authorize execution of a contract with the firm in the
amount of $ 108,748.00 for Westdale Park Detention Pond, Project No. 2006-1300
Background: Bids were received on Thursday, December 22, 2004 for the construction of a
water quality detention pond at Westdale Park, located just east of Flag Avenue and adjacent to
Westwood Lake. This project is being constructed in partnership with the Bassett Creek
Watershed Management Commission (BCWMC) to improve the water quality at Westwood
Lake. At the November 21st Council meeting, the City Council authorized staff to solicit bids
for this work.
A total of fourteen (14) bids were received for this project. An advertisement for bids was
published in the Sun Sailor on December 1 and December 8, 2005 and in the Construction
Bulletin on December 2, and 9, 2005. A summary of the bid results is as follows:
CONTRACTOR BID AMOUNT
Olympic, Construction Services, Inc. * $108,748.00
Dahn Construction Co. LLC $108,969.10
Park Construction, Inc. * $126,348.00
Veit & Company, Inc. $137,731.00
Visser Scraper Service LLC * $139,945.05
Frattalone Companies, Inc $145,876.90
Max Steininger, Inc. $147,124.00
Nadeau Excavating, Inc. * $148,162.80
Fitol-Hintz Contruction, Inc. $169,999.00
Sunram Construction, Inc. $190,318.00
G.F. Jedlicki, Inc. * $208,632.50
Borreseon Construction, Inc. $214,500.00
Midwest Asphalt Corporation * $227,047.15
Holst Excavating, Inc. $241,952.00
Engineer’s Estimate $142,827.85
*Bid corrected upon extension
Evaluation of Bids: A review of the bids indicates Olympic Construction Services, Inc
submitted the lowest responsible bid. The City’s consultant, Bar Engineering, has reviewed the
contractor’s qualifications and has determined that they are qualified to perform the work
necessary to complete the project.
St. Louis Park Council Meeting
Item: 010306 - 4c - Westdale Park Pond Project Bid Tab
Page 2
Financial Considerations: Funding for this project will be provided from monies designated by
the Bassett Creek Watershed Management Commission (BCWMC). Monies will be collected by
a County tax levy from those properties within the Basset Creek Watershed. The City will pay
for the up front project costs and will then be reimbursed for these costs in 2006 and 2007 as set
forth in a cooperative agreement with BCWMC.
Construction Timeline: Staff anticipates the following schedule can be met:
• Bid Tab Report to City Council; Award contract January 3, 2006
• Commence Construction January 23, 2006
• Complete Construction (Pond) March 15, 2006
• Complete Construction (Landscaping/Restoration) June 1, 2006
Prepared By: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4d - 2nd Rdg Fire Dept Fees
Page 1
4d. Motion to approve second reading of an ordinance establishing Fire Department
Service Fees and authorize publication.
Background:
For a number of years the Fire Department has been charging for some services. These services
have primarily included hazardous material incidents and fires on railroad right-of-ways.
Previously these charges have been determined by using industry standards for the cost of an
engine company, not the City’s actual costs for equipment and personnel. Industries standards
are generally rates established by State or Federal Agencies such as FEMA. With the desire of
the Fire Department to expand, where possible, its ability to recover costs for calls, it became
apparent that we needed to know the actual costs we were incurring.
The Finance and Fire Departments have worked together to develop a fee schedule for the
different types of equipment used and the personnel to operate the equipment. These fees also
include the cost of backfilling the Stations so that emergency coverage for the rest of the City is
maintained during the incident. The fees will be charged for hazardous material incidents and
railroad right-of-way responses, as well as a basis for determining costs associated with
Emergency Management (FEMA) and other responses both inside and outside of the City.
Council approved first reading of the Fire Department Fees on December 19, 2005. If 2nd
reading is approved, fees will be effective January 23, 2006. The Finance Department and Fire
Department will continue to work together to develop and refine other fees for service as
warranted.
Proposed Fire Department Fees
The fees indicated are intended to cover the costs incurred by the Fire Department, including the
fully-equipped and staffed vehicle, dispatch services, and backfill coverage.
• $440 per hour for a ladder truck
• $285 per hour for a full-size fire truck
• $155 per hour for a rescue unit
In addition, a fee of $85 per hour is proposed for the services of a Chief Officer. Supplies
consumed would be billed as an additional cost as necessary.
The Finance and Fire Departments will review these fees each year and update them as
warranted. In future years the fees will be included as part of the annual fee report and included
in Appendix A of the fee ordinance.
Recommendation
Staff recommends approval of the Fire Department fees and the incorporation of those fees into
appendix A of the fee schedule.
Attachments: Ordinance
Summary Ordinance
Prepared By: Jean McGann, Director of Finance
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4d - 2nd Rdg Fire Dept Fees
Page 2
ORDINANCE NO. 2310-06
AN ORDINANCE EXPANDING FIRE PREVENTION AND
PROTECTION TO INCLUDE FEES FOR
FIRE DEPARTMENT SERVICES, AMENDING CHAPTER 14
OF THE ST. LOUIS PARK MUNICIPAL CODE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 14 of the St. Louis Park Municipal Code is hereby amended to
add:
Article VI. Fire Department Services
Sec. 14-104. Fee for Service.
Fees are established for hazardous material incidents, railroad right-of-way responses,
and emergency management responses both inside and outside of the City. The fees are
based on actual costs, including personnel and equipment.
SECTION 2. The Fire Department service fees for the following fully-equipped and
staffed vehicles are:
• $440 per hour for a ladder truck
• $285 per hour for a full-size fire truck
• $155 per hour for a rescue unit
In addition, the Fire Department will charge $85 per hour for the services of a Chief
Officer.
SECTION 3. The fees set in Section 2 above shall be included in Appendix A of the city
code with other fees and charges called for by ordinance, and will be updated each year.
SECTION 4. This Ordinance shall take effect January 23, 2006.
Reviewed for Administration Adopted by the City Council January 3, 2006
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney
St. Louis Park Council Meeting
Item: 010306 - 4d - 2nd Rdg Fire Dept Fees
Page 3
SUMMARY
ORDINANCE NO. 2310-06
AN ORDINANCE EXPANDING FIRE PREVENTION AND
PROTECTION TO INCLUDE FEES FOR
FIRE DEPARTMENT SERVICES, AMENDING CHAPTER 14
OF THE ST. LOUIS PARK MUNICIPAL CODE
This ordinance states that Chapter 14 of the Ordinance Code relating to Fire Department Services
shall be amended to include fees for hazardous material incidents, railroad right-of-way
responses, and emergency management responses both inside and outside of the City by adding
Chapter 14-104 Fee for Service.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council January 3, 2006
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Publish: January 12, 2006
St. Louis Park Council Meeting
Item: 010306 - 4d - 2nd Rdg Fire Dept Fees
Page 4
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 1
4e. Motion to adopt an ordinance amending chapter 36 of the city code to create a
category titled “Places of Assembly” and allow such uses in the C-1, C-2 and O
zoning districts by Conditional Use Permit; approve summary, and authorize
publication. Case Nos. 05-60-ZA
Description of Proposal
It is proposed to revise the Zoning Ordinance to create a new category, “Places of Assembly”
into the C-1, C-2 and O zoning districts. It incorporates uses such as clubs/lodges, religious
institutions and similar uses into one use category. These uses would be permitted with a
Conditional Use Permit (CUP).
Background
We received a request to allow religious uses in the C-1 zoning district, and looked more broadly
at the categories because of the “Religious Land Use and Institutionalized Persons Act of 2000”
or RLUIPA, a federal law passed in 2000. RLUIPA was put into place in order that there would
be balanced treatment where similar uses, such as clubs and lodges, are permitted.
As a result, a new use category is proposed. “Places of Assembly,” and it is proposed that such
uses be allowed in the C-1, Neighborhood Commercial, C-2, General Commercial and O, Office
districts, with some conditions and limitations.
On December 19, 2005, the City Council approved the first reading of the Zoning Ordinance
amendment. A question arose about the revised “Smoke-Free Ordinance” recently passed by
Hennepin County. It does allow exemptions for Private Clubs, such as a VFW or American
Legion, as noted in the provisions copied below, and private clubs would be able to apply for the
County exemption from the Smoke-Free ordinance. The proposed ordinance does not change
where clubs are allowed, and they would now require a CUP in any case. Therefore the Staff
and the City Attorney have determined there will not be any impacts from the revised Smoke-
Free ordinance related to the proposed new “Places of Assembly” ordinance.
Recommendation
Staff recommends the approval of the Zoning Ordinance Amendment to allow Places of
Assembly in the C-1, C-2 and O with a CUP, under conditions required in the Ordinance.
Attachments:
Ø Provisions of Hennepin County Smoke-Free Ordinance
Ø Ordinance
Ø Summary for publication
Prepared By: Meg J. McMonigal, Planning and Zoning Supervisor
Reviewed By: Kevin Locke, Community Development Director
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 2
Hennepin County Smoke-Free Ordinance - Select Provisions
SECTION 3: DEFINITIONS.
3.04 Private Club. “Private Club” means a nonprofit organization incorporated under the laws of the State of
Minnesota for civic, fraternal, social, or business purposes; for intellectual improvement; for promotion of sports;
or for a congressionally chartered veterans’ organization which can verify that it:
A. Has more than 50 members; and
B. Has owned or rented a building or space in a building for more than one year that is suitable and adequate for
the accommodation of its members; and
C. Is directed by a board of directors, executive committee, or other similar body chosen by its members at a
meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the
distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wage
fixed and voted upon each year by the governing body; and
D. Does not restrict its membership on the basis of race, color, creed, religion, or national origin.
SECTION 6 : EXEMPTIONS.
6.01 Exemption Criteria. Food Establishments meeting either one of the following criteria are eligible for an
exemption from the requirements of Section 2.02 of this Ordinance:
A. The Food Establishment’s sales of beer, non-intoxicating malt liquor, 3.2 percent malt liquor, wine, and
intoxicating liquor are more than fifty percent of its total gross sales of food and beverages, as reported to the
Minnesota Department of Revenue and/or local municipality for the preceding calendar year.
B. Private Clubs, except when they are open to serve food and/or beverages to the public that are not members.
Guests accompanied by members are considered to be members. No Private Club shall be exempt from the smoke-
free provisions of this Ordinance if it is established to avoid compliance with this Ordinance.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 3
ORDINANCE NO.2311-06
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-142, 36-193, 36-194 AND 36-221
PLACES OF ASSEMBLY IN C-1, C-2 AND O DISTRICTS
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Findings
Sec. 1. The City Council has considered the advice and recommendation of the Planning
Commission (Case No. 05-60-ZA).
Sec. 2. The St. Louis Park Ordinance Code, Sections 36-142, 36-193, 36-194 and 36-221
are hereby amended by deleting striken language and adding underscored language.
Section 36-142
Land Use Descriptions
Change (d) (8) from Clubs and Lodges to Places of Assembly:
(d) Commercial uses
(8) Club/lodge means a facility operated by an association of persons primarily not for profit
where social, educational, recreational or dining activities are provided. Services
provided are not customarily carried on as a business and may include dining,
consumption of alcoholic beverages, dancing, legal gambling, and meetings.
Characteristics may include late hours, high parking demand, noise and heavy off-peak
traffic.
(8) Places of Assembly are facilities designed to accommodate larger groups of people
having shared goals, desires or interests that are not customarily business related. Social,
educational, recreational, religious, and dining activities may be included. Characteristics
may include large group meetings or activities with peak parking demands and noise. If
the floor area devoted to food or beverage sales exceeds 50% of the total gross floor area,
the facility will be classified as a restaurant.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 4
Section 36-193
C-1 Zoning District
Delete (c) (11) Clubs and Lodges
(c) Uses permitted with conditions
(11) Clubs and lodges without intoxicating liquor license. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential or has an occupied institutional building including
but not limited to a school, religious institution or community center.
c. A bufferyard E shall be installed and maintained along all property lines which abut
property in an R district. This bufferyard shall at a minimum include a B2 berm or F5
fence as illustrated under section 36-364.
d. If there is a wine and/or beer license, there shall be no separate bar area within the club or
lodge.
Add (d) (8) Places of Assembly without intoxicating liquor:
(d) Conditional Uses.
(8) Places of Assembly without intoxicating liquor. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R
district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Seating capacity shall be limited to 150 persons.
d. Parking shall meet zoning code requirements, unless it is a religious or other institution
requires walking because of a religious tenet or other rule, then 1 space per every 8 seats
shall be required.
e. In multi-tenant buildings, noise shall be entirely contained within that space dedicated to
the place of assembly use. No noise shall be audible within common areas or in adjacent
unit.
f. In multi-tenant buildings, the place of assembly shall have a separate entrance or shall
have an interior entrance that is within 50 feet of a common building entrance.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 5
Section 36-194
C-2 Zoning District
Delete (c) (9) Clubs and Lodges without intoxicating liquor license
(c) Uses permitted with conditions
(9) Clubs and lodges without intoxicating liquor license. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or arterial or
shall be otherwise located so that access can be provided without generating significant
traffic on local residential streets.
b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential and
used or subdivided for residential or has an occupied institutional building including but
not limited to a school, religious institution or community center.
c. A bufferyard E shall be installed and maintained along all property lines which abut property in
an R district. This bufferyard shall at a minimum include a B2 berm or F5 fence as
illustrated under section 36-364.
d. If there is a wine and/or beer license, the following additional conditions shall apply:
1. There shall be no separate bar area within the club or lodge.
2. If the conditions in subsections (c)(9)a.--(c)(9)c. of this section are not met, a club or
lodge with a wine and/or beer license may apply for a conditional use permit
under section 36-194(d)(5).
Delete (d) (5) Clubs and Lodges with intoxicating liquor license
(d) Uses permitted by conditional use permit.
(5) Clubs and lodges with intoxicating liquor license. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. Buildings shall be located a minimum of 100 feet from any parcel that is zoned
residential and used or subdivided for residential or has an occupied institutional building
including but not limited to a school, religious institution or community center.
c. Separate pedestrianways shall be constructed to allow for the separation of pedestrian and
vehicular movements within the parking lot.
d. A bufferyard F shall be installed and maintained along any abutting property in an R
district.
e. The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in
which it is located and conditions of approval may be added as a means of satisfying this
requirement.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 6
Add (d) (5) Places of Assembly
(d) Conditional Uses.
(5) Places of Assembly. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R
district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Seating capacity shall be limited to 150 persons.
d. Parking shall meet zoning code requirements, unless it is a religious or other institution
requires walking because of a religious tenet or other rule, then 1 space per every 8
seats shall be required.
e. In multi-tenant buildings, noise shall be entirely contained within that space dedicated
to the place of assembly use. No noise shall be audible within common areas or in
adjacent unit.
f. In multi-tenant buildings, the place of assembly shall have a separate entrance or shall
have an interior entrance that is within 50 feet of a common building entrance.
g. With intoxicating liquor, the following additional conditions apply:
i. Buildings shall be located a minimum of 100 feet from any parcel that is zoned
residential and used or subdivided for residential or has an occupied institutional
building including but not limited to a school, religious institution or community
center.
ii. Separate pedestrianways shall be constructed to allow for the separation of
pedestrian and vehicular movements within the parking lot.
iii. A bufferyard F shall be installed and maintained along any abutting property in
an R district.
iv. The use must be in conformance with the comprehensive plan including any
provisions of the redevelopment chapter and the plan by neighborhood policies
for the neighborhood in which it is located and conditions of approval may be
added as a means of satisfying this requirement.
Section 36-221
O, Office Zoning District
Delete (c) (9) Clubs and Lodges without intoxicating liquor license
(c) Uses permitted with conditions
(9) Clubs and lodges without intoxicating liquor license. The conditions are as follows:
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 7
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. Buildings shall be located a minimum of 25 feet from any parcel that is zoned residential
and used or subdivided for residential, or has an occupied institutional building, including
but not limited to a school, religious institution or community center.
c. A bufferyard E shall be installed and maintained along all property lines which abut
property in an R district. This bufferyard shall, at a minimum, include a B2 berm or F5
fence.
d. If there is a wine and/or beer license, the following additional conditions shall apply:
1. There shall be no separate bar area within the club or lodge.
2. If the conditions in subsections (c)(9)a.--(c)(9)c. of this section are not met, a
club or lodge with a wine and/or beer license may apply for a conditional use
permit under section (d)(6) of this section.
Delete (d) (6) Clubs and Lodges with intoxicating liquor license
(d) Uses permitted by conditional use permit.
(6) Clubs and lodges with intoxicating liquor license. The conditions are as follows:
a. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
b. The building housing the use shall be located a minimum of 100 feet from any parcel that
is zoned residential and used or subdivided for residential, or has an occupied
institutional building, including but not limited to a school, religious institution or
community center.
c. Separate pedestrianways shall be constructed to allow for the separation of pedestrian and
vehicular movements within the parking lot.
d. A bufferyard F shall be installed and maintained along all property lines which abut
property in an R district.
e. The use is in conformance with the comprehensive plan including any provisions of the
redevelopment chapter and the plan by neighborhood policies for the neighborhood in
which it is located and conditions of approval may be added as a means of satisfying this
requirement.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 8
Add (d) (6) Places of Assembly
(d) Conditional Uses.
(6) Places of Assembly. The conditions are as follows:
a. All buildings shall be located a minimum of 30 feet from any lot line of a lot in an R
district.
b. Access shall be to a roadway identified in the comprehensive plan as a collector or
arterial or shall be otherwise located so that access can be provided without generating
significant traffic on local residential streets.
c. Seating capacity shall be limited to 150 persons.
d. Parking shall meet zoning code requirements, unless it is a religious or other institution
requires walking because of a religious tenet or other rule, then 1 space per every 8 seats
shall be required.
e. In multi-tenant buildings, noise shall be entirely contained within that space dedicated to
the place of assembly use. No noise shall be audible within common areas or in adjacent
unit.
f. In multi-tenant buildings, the place of assembly shall have a separate entrance or shall
have an interior entrance that is within 50 feet of a common building entrance.
g. With intoxicating liquor, the following additional conditions apply:
i. Buildings shall be located a minimum of 100 feet from any parcel that is zoned
residential and used or subdivided for residential or has an occupied institutional
building including but not limited to a school, religious institution or community
center.
ii. Separate pedestrianways shall be constructed to allow for the separation of
pedestrian and vehicular movements within the parking lot.
iii. A bufferyard F shall be installed and maintained along any abutting property in
an R district.
iv. The use must be in conformance with the comprehensive plan including any
provisions of the redevelopment chapter and the plan by neighborhood policies
for the neighborhood in which it is located and conditions of approval may be
added as a means of satisfying this requirement.
Sec. 3. The contents of Planning Case File 05-60-ZA are hereby entered into and
made part of the public hearing record and the record of decision for this case.
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 9
Sec. 4. This Ordinance shall take effect fifteen days after its publication.
Reviewed for Administration Adopted by the City Council January 3, 2006
City Manager Mayor
Attest: Approved as to Form and Execution:
City Clerk City Attorney 00-12-ZA/N/res/ord
St. Louis Park Council Meeting
Item: 010306 - 4e - 2nd Rdg Zoning Amendment For Places Of Assembly
Page 10
SUMMARY
ORDINANCE NO. 2311-06
AN ORDINANCE AMENDING THE ST. LOUIS PARK
ORDINANCE CODE RELATING TO ZONING BY
AMENDING SECTIONS 36-142, 36-193, 36-194 AND 36-221
PLACES OF ASSEMBLY IN C-1, C-2 AND O DISTRICTS
This ordinance states that the Zoning Ordinance will be revised to create a category titled “Places
of Assembly” and allow such uses in the C-1 Neighborhood Commercial, C-2 General
Commercial and O Office zoning districts by Conditional Use Permit.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council January 3, 2006
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: January 12, 2006
St. Louis Park Council Meeting
Item: 010306 - 4f - Council Travel Policy
Page 1
4f. Motion to approve Resolution to adopt a Council Travel Policy.
Background: The purpose of this report is to inform the Council about recent legislation that
requires the Council to adopt a policy regarding out-of-state travel for elected officials. We are
recommending Council approve the new Elected Official Out-of-State Travel Policy and
authorize its addition to the Employee Personnel Manual.
Recent Legislation: Recent legislation (MN Statute 471.661) requires the Council to develop a
policy that controls travel outside the state of Minnesota for elected officials. The policy must
specify when travel outside the state is appropriate, applicable expense limits, and procedures for
approval. This policy must become effective January 1, 2006.
Policy Language: The City’s Expense Reimbursement Policy already addresses reimbursement
for employees and elected officials who travel as authorized representatives of the City. To
comply with the new law, we must specifically address “out-of-state” travel. Appendix A
provides the language that is recommended to be added to the Personnel Manual.
Recommendation: Staff recommends that the City Council adopt resolution to add this policy
to the Expense Reimbursement section of the Employee Personnel Manual.
Attachments: Resolution & Policy (Appendix A)
Prepared by: Ali Fosse, HR Coordinator
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4f - Council Travel Policy
Page 2
RESOLUTION NO. 06-007
RESOLUTION ADDING THE ELECTED OFFICIAL
OUT-OF-STATE TRAVEL POLICY
TO THE CITY OF ST. LOUIS PARK PERSONNEL MANUAL
WHEREAS, the City Council wishes to adopt policies for City employees and elected
officials which comply with state laws and statutes and which protect the ethical standards of the
City of St. Louis Park;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St.
Louis Park hereby approves the resolution adopting the Elected Official Out-of-State Travel
Policy (attached as Appendix A) to be added to the Personnel Manual.
Reviewed for Administration Adopted by the City Council January 3, 2006
City Manager Mayo r
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 4f - Council Travel Policy
Page 3
APPENDIX A
RESOLUTION NO. 06-007
CITY OF ST. LOUIS PARK
ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY
Whenever possible, out-of-state travel requests by elected officials for City business must be
approved in advance by the City Council at an open meeting. In evaluating the request, Council
will determine if travel outside the state is appropriate and if the request fits within the City’s
approved budget.
St. Louis Park Council Meeting
Item: 010306 - 4g - Final Payment Res 123-05 Ron Kassa
Page 1
RESOLUTION NO. 06-008
RESOLUTION ACCEPTING WORK ON
DAKOTA AVENUE SIDEWALK CONSTRUCTION
CITY PROJECT NO. 2005-0003
CONTRACT NO. 123-05
BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, as follows:
1. Pursuant to a written contract with the City dated October 5, 2005, Ron Kassa Construction, Inc.
has satisfactorily completed the Dakota Avenue sidewalk construction, as per Contract No. 123-05.
2. The Director of Public Works has filed his recommendations for final acceptance of the work.
3. The work completed under this contract is accepted and approved. The City Manager is directed to
make final payment on the contract, taking the contractor's receipt in full.
Original Contract Price $30,822.90
Change Order 00
Extra Work 3,926.20
Final Contract Price $34,749.10
Previous Payments ($30,722.14)
Balance Due $4,026.96
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 4h - Cooperative Agmt Westwood Lake With BCWMC
Page 1
4h. Motion to adopt resolution authorizing the execution of a Cooperative
Agreement between the Bassett Creek Watershed Management
Commission and the City of St. Louis Park for the Westwood Lake
Improvements.
Background: In 1994, the Bassett Creek Watershed Management Commission
(BCWMC) and the City prepared the Westwood Lake Watershed and Lake Management
Plan (Westwood Lake Plan). The plan sets forth water quality goals for the lake and
specifies watershed best management practices (BMPs) and construction activities to be
implemented to improve the quality of storm water inflow in order to meet these goals.
Construction of a storm water detention basin on the west side of the lake was one of the
recommended actions in the Plan. Subsequently, this construction project was included
in the BCWMC’s 10-Year Capital Improvement Program for construction in 2006-2007.
The project is also included in the City’s Capital Improvement Program.
The attached Cooperative Agreement sets forth the parties responsibilities for making the
water quality improvements at Westwood Lake. The City is responsible for preparing
plans and specifications for the improvement project, advertising for bids and awarding a
contract for construction, administering the contract and paying the contractor. The
BCWMC is responsible for securing the project funding and reimbursing the City for all
related design and construction expenses. The funding will come from a County tax levy
and reimbursements to the City will be made in 2006 and 2007. This agreement has been
previously authorized by the BCWMC.
The Engineering Staff, working with its consultant, has completed the project plans, has
advertised for and opened bids, and has scheduled award of contract for the January 3,
2006 Council meeting. Construction of the project is anticipated to begin mid-January
with a final completion date of June 1, 2006.
This agreement has been reviewed by our City Attorney.
Recommendation: Approve resolution approving the cooperative agreement and
authorizing execution.
Attachments: Resolution
Cooperative Agreement (Supplement)
Prepared by: Jim Olson, Engineering Project Manager
Reviewed By: Michael P. Rardin, Director of Public Works
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4h - Cooperative Agmt Westwood Lake With BCWMC
Page 2
RESOLUTION NO. 06-009
RESOLUTION AUTHORIZING THE APPROVAL AND EXECUTION
OF A COOPERATIVE AGREEMENT WITH THE
BASSETT CREEK WATERSHED MANAGEMENT
COMMISSION FOR THE WESTWOOD LAKE IMPROVEMENTS
BE IT RESOLVED, that the City of St. Louis Park enters into an agreement with
the Bassett Creek Watershed Management Commission, for the following purposes, to
wit:
To construct water quality improvements for Westwood Lake in accordance with
the terms and conditions set forth and contained in the Cooperative Agreement for
Westwood Lake Improvements.
BE IT FURTHER RESOLVED, that the Mayor and City Manager are hereby
authorized to execute such agreement and any amendments, and thereby assume for and
on behalf of the City all of the contractual obligations contained therein.
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 4i - Minor Amendment To Elmwood Village
Page 1
4i. Motion to adopt Minor Amendment to the Elmwood Village Planned Unit
Development (PUD) to allow a reduction of units from 63 to 60 for the “Loft” Building
Background:
David Bernard Builders & Developers has requested a Minor Amendment to the Elmwood
Village PUD to allow a reduction in the number of units for the Loft building that is now under
construction. They are proposing to convert 12 one-bedroom units into 9 two-bedroom units
resulting in an overall reduction from 63 to 60 units. No exterior building or site changes are
proposed.
The proposed changes for each floor are shown on the attached drawings. For each floor, four
(4) one-bedroom units per floor would be converted to 3 two-bedroom units. This is in response
to the market as more buyers are requesting two-bedroom units.
Recommendation:
Staff recommends adopting the Minor Amendment to the Elmwood Village PUD to allow a
reduction of unit from 63 to 60 for Loft Building.
Attachments: Resolution
Letter request from David Bernard Builders & Developers
Drawings showing changes
Prepared By: Meg McMonigal, Planning and Zoning Supervisor
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 4i - Minor Amendment To Elmwood Village
Page 2
RESOLUTION NO. 06-010
Amends and Restates Resolutions 04-093 and 04-124
RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 04-124 ADOPTED
ON OCTOBER 18, 2004, APPROVING A MINOR AMENDMENT TO A FINAL
PLANNED UNIT DEVELOPMENT (PUD) WITH PUD MODIFICATIONS TO
BUILDING HEIGHT, PARKING, AND DENSITY UNDER SECTION 36-367 OF THE
ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING FOR PROPERTY
ZONED R-4 MULTI-FAMILY RESIDENTIAL AND R-C MULTI-FAMILY
RESIDENTIAL LOCATED AT
3630 WOODDALE AVENUE,
5951 and 5957 WEST 37TH STREET,
5912 OXFORD STREET,
5916 OXFORD STREET,
5920 OXFORD STREET,
and 5926 OXFORD STREET
(ELMWOOD VILLAGE)
MINOR AMENDMENT FOR LOFT FLOOR PLAN CONVERSION
FROM 63 UNITS TO 60 UNITS
WHEREAS, The Rottlund Company, Inc., has made application to the City Council for
a minor amendment to a Final Planned Unit Development (Final PUD) under Section 36-367 of
the St. Louis Park Ordinance code to allow a reduction and reconfiguration of the units in the
Loft building at Elmwood Village within the R-4 Multi-Family Residential and R-C Multi-
Family Residential Zoning Districts having the following legal description:
Elmwood Village
WHEREAS, the City Council has considered the information related to Planning Case
Nos. 03-73-PUD, 04-53-PUD, and 05-70-PUD and the effect of the proposed Minor Amendment
on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, the effect on values of properties in the surrounding area and the
effect of the use on the Comprehensive Plan; and compliance with the intent of the Zoning
Ordinance; and
WHEREAS, a Final PUD was approved regarding the subject property pursuant to
Resolution No. 04-093 of the St. Louis Park City Council dated August 2, 2004 which contained
conditions applicable to said property; and
WHEREAS, a minor amendment to the Final PUD was approved to reduce the height of
the senior condominium building by one floor and reduce the number of units from 80 units to
60 units pursuant to Resolution No. 04-124 of the St. Louis Park City Council dated October 18,
2004; and
St. Louis Park Council Meeting
Item: 010306 - 4i - Minor Amendment To Elmwood Village
Page 3
WHEREAS, due to changed circumstances, amendments to those conditions are now
necessary, requiring the amendment of that Final PUD; and
WHEREAS, it is the intent of this resolution to continue and restate the conditions of the
permit granted by Resolution No. 04-093 and Resolution No. 04-124, to add the amendments
now required, and to consolidate all conditions applicable to the subject property in this
resolution; and
WHEREAS, the contents of Planning Case Files 03-73-PUD, 04-53-PUD, and 05-70-
PUD are hereby entered into and made part of the public hearing and the record of decision for
this case.
CONCLUSION
NOW THEREFORE BE IT RESOLVED that Resolution No. 04-124 (filed as
document number 8491964 4050580) is hereby restated and amended by this resolution which
continues and amends a Final Planned Unit Development to the subject property within the R-4
Multi-Family Residential and R-C Multi-Family Residential Zoning Districts at the location
described above based on the following conditions:
The Final Planned Unit Development at the location described is approved with
modifications to building heights to allow a 50 foot high three-story Condominium Loft building
and a 56 foot high four-story age-restricted (senior) condominium building based on the findings
set forth above and subject to the following conditions:
1. The site shall be developed, used and maintained in conformance with the Final PUD
official exhibits.
2. The Preliminary PUD exhibits shall be amended prior to signing either preliminary or
final PUD exhibits to accurately reflect the resolution approving the preliminary PUD
and shall be subject to approved plan changes through the final PUD process.
3. Documents showing proposed cross-easements within the development including parking
easements between the office use and residential uses and condominium documents.
These documents shall be approved by the City Attorney and found to be in accordance
with subdivision requirements. The condominium documents shall include a clause that
states the condominium association agrees to provide regular injections to any Elm trees
that are shown as remaining on the tree removal and landscape plans.
4. Final PUD approval and development is contingent upon developer meeting all
conditions of final approval including all Minnehaha Creek Watershed District
requirements.
5. Prior to the City signing the Final Plat the applicant shall comply with the following
requirements:
a. Sign assent form and Final PUD and Plat official exhibits.
St. Louis Park Council Meeting
Item: 010306 - 4i - Minor Amendment To Elmwood Village
Page 4
b. Submit financial security in the form of a cash escrow or letter of credit in the
amount of $1000 to insure that a mylar copy of the final plat is provided.
c. A planning contract shall be executed between the developer and the City, which
covers at a minimum, sidewalk construction and maintenance, repair and cleaning
of public streets, construction conditions, off site infrastructure improvements and
cost share formulas, off-site parking, and criteria for administrative amendments
to the PUD.
d. Provide a 12-foot easement for additional right of way along the east side of
Wooddale Avenue.
e. Provide an easement for the required sidewalks along Alabama Avenue South and
West 36th Street.
f. The City Council shall adopt an ordinance vacating that portion of West 37th
Street between Wooddale Avenue and Alabama Avenue South and the alley north
of Oxford Street and east of Alabama Avenue South.
g. Submit payment for cash in lieu of park dedication in the amount of $900 per
dwelling unit and trail dedication in the amount of $225 per dwelling unit.
h. Submit payment for public art in the amount of $225 per dwelling unit.
6. Prior to any site work, the developer shall meet the following requirements:
a. A copy of the Watershed District permit shall be forwarded to the City.
b. Any other necessary permits from other agencies shall be obtained.
c. Obtain the required demolition permit, erosion control permits, utility permits and
other permits required by the City, which may impose additional conditions.
d. Submit financial security in the form of cash escrow or letter of credit in the
amount of 125% of the costs of sidewalk installation and repair/cleaning of public
streets, and tree replacement.
e. Submit a check in the amount equal to $90 per caliper inch of the difference
between required tree replacement and the actual replacement as reflected by the
final landscape plan.
f. Reimbursement of City attorney’s fees in drafting/reviewing such documents.
g. Provide to the city a mylar of the final plat along with proof of filing same with
the county.
7. Prior to issuance of any building permits, which may impose additional requirements, the
developer shall comply with the following:
a. Meet any Fire Department emergency access requirements for during
construction.
b. The applicant shall furnish the City with evidence of recording of the trail and
sidewalk easements.
c. Building materials samples shall be submitted to and approved by City.
d. A lighting plan and photometrics and irrigation plan meeting the ordinance
regulations shall be submitted to and approved by the community development
department.
8. The developer shall comply with the following conditions during construction:
St. Louis Park Council Meeting
Item: 010306 - 4i - Minor Amendment To Elmwood Village
Page 5
a. All City noise ordinances shall be complied with, including that there be no
construction activity between the hours of 10 p.m. and 7 a.m. on weekdays and 10
p.m. and 9 a.m. on weekends and holidays.
b. Loud equipment shall be kept as far as possible from residences at all times.
c. The site shall be kept free of dust and debris that could blow onto neighboring
properties.
d. Public streets shall be maintained free of dirt and shall be cleaned as necessary.
e. The Zoning Administrator may impose additional conditions if it becomes
necessary in order to mitigate the impact of construction on surrounding
properties.
9. In addition to any other remedies, the developer or owner shall pay an administrative fee
of $750 per violation of any condition of this approval.
10. Pursuant to Section 36-367(e)(6) of the Zoning Ordinance, the City will require execution
of a planning contract as a condition of approval of the Final P.U.D. The planning
contract shall address those issues which the City Council deems appropriate and
necessary. The Mayor and City Manager are authorized to execute the planning contract.
11. The Planned Unit Development shall be amended on October 18, 2004 to incorporate all
of the preceding conditions and to require the following:
a. The payment for public art required prior to signing the final plat shall be at a rate
of $247.17 per dwelling unit.
b. The age restricted (senior) condominium building elevations shall be amended to
show a three-story building.
12. The Planned Unit Development shall be amended on January 3, 2006 to incorporate all of
the preceding conditions and to allow the following:
a. The Loft building may be converted from 63 units to 60 units overall, by
changing 12 one-bedroom units to 9 two-bedroom units.
Assent form and official exhibits must be signed by applicant (or applicant and owner if
applicant is different from owner) prior to issuance of building permit, which may impose
additional requirements.
Reviewed for Administration: Adopted by City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 4j - Planning Comm Minutes Dec. 7, 2005
Page 1
OFFICIAL MINUTES
PLANNING COMMISSION
ST. LOUIS PARK, MINNESOTA
December 7, 2005--6:00 p.m.
COUNCIL CHAMBERS
MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Robert Kramer,
Dennis Morris, Carl Robertson, Jerry Timian
MEMBERS ABSENT: None
STAFF PRESENT: Jean McGann, Meg McMonigal, Nancy Sells
1. Call to Order – Roll Call
2. Approval of Minutes of November 2, 2005 and November 16, 2005
Commissioner Kramer moved approval of the minutes of November 2, 2005 and
November 16, 2005. Commissioner Johnston-Madison seconded the motion.
The motion passed on a vote of 5-0.
Commissioner Timian arrived at 6:05 p.m.
3. New Business
A. 2006-10 Capital Improvements Plan (CIP) – Consistency with
Comprehensive Plan
Meg McMonigal, Planning and Zoning Supervisor, introduced the item,
indicating the CIP is an important planning tool. As such, the Planning
Commission is to review it in terms of its consistency with the Comprehensive
Plan.
Jean McGann, Finance Director, provided an overview of the plan.
Ms. McGann addressed questions from commissioners regarding the Aquatic Park
expansion, street projects, other funding sources, percentage of City revenue, and
Tax Increment funds.
Ms. McGann said that shortly after December 19th, the budget and CIP
documents should be available online.
St. Louis Park Council Meeting
Item: 010306 - 4j - Planning Comm Minutes Dec. 7, 2005
Page 2
Commissioner Robertson made a motion finding the 2006 – 2010 CIP consistent
with the Comprehensive Plan. Commissioner Johnston-Madison seconded the
motion. The motion passed on a vote of 6-0.
4. Hearings:
A. Zoning text amendment allowing “Places of Assembly” as a Conditional
Use in the C-1, Neighborhood Commercial; C-2, General Commercial and
O, Office zoning districts.
Case No: 05-60-ZA (continued from October 19, 2005)
Ms. McMonigal said changes were made to the proposed ordinance at the
Planning Commission’s study session on November 16, 2005 to (1) add
bufferyards into the C-1 requirements and (2) to change the words “seating
capacity” to “occupancy.”
The public hearing was opened on October 19, 2005. As no one was present
wishing to speak, Chair Carper closed the public hearing.
Commissioner Johnston-Madison made a motion to recommend approval of the
proposed ordinance changes. Commissioner Morris seconded the motion. The
motion passed on a vote of 6-0.
5. Communications
A. Recent City Council Action – Nov. 21, Dec. 5
B. Other
1) Board of Zoning Appeals agenda Oct. 27
2) Ms. McMonigal said that interviews for Planning Commissioner
will be held on Dec. 12 and Dec. 19.
3) Ms. McMonigal said that Shawn Walther has been hired as Senior
Planner. He will be starting on January 9, 2006.
6. Adjournment
The meeting was adjourned at 6:25 p.m.
Respectfully submitted,
Nancy Sells
Administrative Secretary
St. Louis Park Council Meeting
Item: 010306 - 5a - Board & Commission Reappointments
Page 1
5a. Reappointments to Boards and Commissions
Reappointment of commissioners whose terms expire on or before December 31, 2005
Recommended
Action:
Motion to reappoint Commissioners Solmer, Gainsley, Bloyer,
MacMillan, Armbrecht, Cornwall, Foulkes, Hallfin, Worthington,
Johnston-Madison, Robertson, Berry, Gormley, Lanenberg,
Browning, Jacobson and Overend to their respective commissions
for terms ending 12/31/2008; and Commissioner Ohliger to the
Police Advisory Commission for a term ending December 31,
2006.
Annual Reappointment of Board and Commission Members
The terms of the commissioners listed below have expired on December 31, 2005.
Commissioners listed below have indicated that they wish to be re-appointed to a new term.
Staff liaisons have been consulted and have informed us of issues that needed to be addressed.
Terms below are for three years with the exception of the student term which runs for one year
only.
Name Commission First
Appointed
New Term
Expiration
(if reappointed)
Henry Solmer
BOZA 03/24/2005 12/31/2008
James Gainsley
BOZA 01/9/1979 12/31/2008
Susan Bloyer
BOZA 03/18/1996 12/31/2008
William MacMillan
Fire Civil Service Commission 8/17/1998 12/31/2008
Matthew Armbrecht
Human Rights Commission 10/7/2002 12/31/2008
Bruce Cornwall Parks and Recreation Advisory
Commission
10/15/2001 12/31/2008
George Foulkes Parks and Recreation Advisory
Commission
11/16/2004 12/31/2008
Steve Hallfin Parks and Recreation Advisory
Commission
4/12/2004 12/31/2008
St. Louis Park Council Meeting
Item: 010306 - 5a - Board & Commission Reappointments
Page 2
Name Commission First
Appointed
New Term
Expiration
(if reappointed)
Claudia Johnston-
Madison
Planning Commission 2/2/2004 12/31/2008
Carl Robertson
Planning Commission 3/5/2001 12/31/2008
Sharon Berry
Police Advisory Commission 1/5/2004 12/31/2008
Maureen Gormley
Police Advisory Commission 1/5/2004 12/31/2008
Jim Lanenberg
Police Advisory Commission 1/05/2004 12/31/2008
Cal Ohliger Police Advisory Commission –
Youth Member
1/5/2004 12/31/2006
Bruce Browning Telecommunications Advisory
Commission
1983 12/31/2008
Robert Jacobson Telecommunications Advisory
Commission
3/10/1997 12/31/2008
Mary Jean Overend Telecommunications Advisory
Commission
8/17/1998 12/31/2008
Attachment: None
Recommendation: It is recommended that Council reappoint the residents to their respective
commissions until 12/31/2008 (12/31/2006 for the youth commissioner for the Police Advisory
Committee).
Prepared by: Marcia Honold, Management Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 5b - Appoint BCWMD Alternate Commissioner
Page 1
5b. Motion to adopt a resolution ratifying appointment of Alternate Citizen
Representative to the Bassett Creek Watershed Management District
Recommended Motion to adopt resolution ratifying the appointment of
Action: Councilmember C. Paul Carver as St. Louis Park’s
Alternate Commissioner to the Bassett Creek Watershed
Management District.
Background:
The City Council appointed Richard Johnson as St. Louis Park’s Commissioner to the
Bassett Creek Watershed Management District (BCWMD) beginning March 21, 2005
and expiring January 31, 2008.
Former Councilmember Sally Velick was appointed beginning February 1, 2005. Ms.
Velick served as St. Louis Park’s Alternate Commissioner to the BCWMD until her
resignation from the City Council on July 15, 2005. Councilmember C. Paul Carver has
offered to fill the remainder of her term, which will expire on January 31, 2008.
The BCWMD requires that the City Council make the appointment by resolution, which
is attached to this report.
Attachment: Resolution
Prepared By: Marcia Honold, Management Assistant
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 5b - Appoint BCWMD Alternate Commissioner
Page 2
RESOLUTION NO. 06-001
RESOLUTION APPOINTING C. PAUL CARVER, ALTERNATE
COMMISSIONER TO THE BASSETT CREEK WATERSHED MANAGEMENT
COMMISSION
WHEREAS, the City of St. Louis Park is partially located in the Bassett Creek
Watershed Management Commission area and is required under state law to manage its
storm water runoff; and
WHEREAS, the Bassett Creek Watershed Management Commission has been
organized under Minnesota State Statutes to manage the storm waters of cities whose
boundaries fall within the water management area; and
WHEREAS, the City of St. Louis Park has adopted a Joint Powers Agreement
joining the Bassett Creek Watershed Management Commission; and
WHEREAS, the Alternate Commissioner seat is vacant and the City of St. Louis
Park wants to appoint a Citizen Representative to fulfill the remainder of the term.
NOW, THEREFORE, BE IT RESOLVED by the City Council, that the City of
St. Louis Park appoint C. Paul Carver, as the Alternate Commissioner to the Bassett
Creek Watershed Management Commission for the remainder of the three (3) year term
beginning January 3, 2006 and expiring January 31, 2008.
BE IT FURTHER RESOLVED that the City Clerk shall, within 30 days of its
adoption, file a certified copy of this resolution with the Secretary of the Commission.
Reviewed for Administration Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 8a - Appoint Mayor Pro Tem
Page 1
8a. Election of Mayor Pro-tem
State Statute section 412.121 requires that Council choose each year an acting Mayor
from the Council members.
Recommended
Action:
Motion to adopt resolution appointing a Mayor Pro-tem
Background:
Minnesota State Statute section 412.121 states that at the first meeting of each year the Council
shall choose an acting Mayor from the Council members. The acting Mayor shall perform the
duties of Mayor during the disability or absence of the Mayor from the City or, in case of
vacancy in the office of Mayor, until a successor has been appointed and qualifies.
Attachments: Resolution
Prepared by: Kris Luedke, Administrative Assistant
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 8a - Appoint Mayor Pro Tem
Page 2
RESOLUTION NO. 06-002
RESOLUTION APPOINTING SUSAN SANGER
TO THE OFFICE OF MAYOR PRO-TEM
FOR THE YEAR 2006
WHEREAS, Minnesota State Statute Section 412.121 requires cities to choose each year
an acting Mayor from the Council members; and
WHEREAS, the acting Mayor shall perform the duties of Mayor during the disability or
absence of the Mayor from the City or, in case of vacancy in the office of Mayor until a
successor has been appointed and qualifies; and
WHEREAS, the Council has carefully reviewed the qualifications of all Council
members and has considered the desires of the residents and the welfare of the City as a whole,
NOW THEREFORE BE IT RESOLVED by the St. Louis Park City Council that
Susan Sanger is hereby appointed Mayor Pro-tem of the City of St. Louis Park and shall serve in
that capacity until a duly elected successor assumes the office at the first regular City Council
meeting of the year 2007.
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 8b - Sergeant Labor Contract
Page 1
8b. Police Sergeant Union Contract: January 1, 2006 – December 31, 2007
Recommended
Action:
Motion to adopt the attached resolution approving a Labor
Agreement between the City and Law Enforcement Labor
Services (LELS) #218, establishing terms and conditions of
employment for two years, from 1/1/06 – 12/31/07.
Background
We are pleased to bring you the first agreement of five open contracts for 2006. Historically, our
Police Sergeants have been classified as exempt (not eligible for overtime). For 2006, the
Sergeant position has moved to a non-exempt status (eligible for overtime). With this change,
we had a number of issues to resolve within the contract.
When compared to market, our Sergeants were significantly above average. For 2006, they have
the ability to earn even higher wages now that they are eligible to earn overtime. During
negotiations, it was determined that their base wage needed to be held in order to let the market
catch up and reposition the group to be more in line with other overtime eligible Sergeants in our
market. In order to allow the market to catch up, a two year wage package was negotiated. The
package includes a 1% increase on the base pay and a 2% lump sum for 2006, and for 2007, a
2% base wage increase with a 1% lump sum. Over a two year period, this means the base wage
for Sergeants will only move a total of 3%. This type of pay with lump sum holds back the base
wage and in 2008 we are hopeful that our Sergeants will be more in line with market (average of
Group Five cities). In addition, a number of language articles needed to be added for the
purposes of calculating overtime.
Listed below are the changes as negotiated:
• Two year agreement
• 2006 base wage increase of 1%, effective January 1, 2006
• 2006 lump sum payment of 2% in January, 2006
• 2006 increase in employer contribution to $660/month (additional $55/month for
employees who elect the high deductible plan with VEBA)
• 2007 base wage increase of 2%, effective January 1, 2007
• 2007 lump sum payment of 1% in January, 2007
• 2007 increase in employer contribution same as other non-exempt employees
• Delete exempt-level benefits such as additional basic life insurance and additional short-
term disability.
• Added the following articles: Work Schedules, Overtime, Court Time, Call Back Time,
and additional Holiday language
• Added the Health Care Savings Plan language.
St. Louis Park Council Meeting
Item: 010306 - 8b - Sergeant Labor Contract
Page 2
The increases in employer contributions are consistent with our other non-union employee
groups. City staff is pleased with this offer and recommends approval. The proposed contract is
on file with the City Clerk. More detail is available upon request.
Recommendation
It is recommended that the City Council adopt the attached resolution approving a Labor
Agreement between the City and Law Enforcement Labor Services #218, Police Sergeants,
establishing terms and conditions of employment for the duration of 1/1/06 – 12/31/07.
Attachments: Resolution
Prepared by: Ali Fosse, HR Coordinator
Reviewed by: Nancy Gohman, Deputy City Manager, HR Director
Approved By: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 8b - Sergeant Labor Contract
Page 3
RESOLUTION NO. 06-003
RESOLUTION APPROVING THE LABOR AGREEMENT
BETWEEN
THE CITY OF ST. LOUIS PARK
AND
LAW ENFORCEMENT LABOR SERVICES INC., LOCAL #218,
POLICE SERGEANTS
JANUARY 1, 2006 – DECEMBER 31, 2007
WHEREAS, the City and the Union have reached a negotiated settlement covering the
terms and conditions of a Labor Agreement as permitted by the State of Minnesota Public
Employees Labor Relations Act, and
WHEREAS, the City Council may enter into such agreements as authorized by its
Charter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis
Park that the Mayor and City Manager are authorized to execute a Collective Bargaining
Agreement, City Contract #____ between the City of St. Louis Park and Law Enforcement Labor
Services Inc. (LELS), Local #218, Police Sergeants, effective January 1, 2006 – December 31,
2007.
Reviewed for Administration: Adopted by the City Council January 3, 2006
City Manager Mayor
Attest:
City Clerk
St. Louis Park Council Meeting
Item: 010306 - 8c - Request PH For Elmwood TIF
Page 1
8c. Request for Public Hearing on Proposed Modification of the Elmwood Village
Tax Increment Financing District
Recommended
Action:
Motion to adopt a resolution calling for a public hearing by the
City Council on the proposed Modification of the Elmwood
Village Tax Increment Financing District within Redevelopment
Project No. 1 (A Renewal & Renovation District).
Background:
Union Land II LLC (led by Dunbar Development Corporation) has options to purchase 9.6 acres
of commercial/industrial property in the general area between Xenwood Avenue on the West,
Highway 100 on the East, West 36th Street on the South, and the CP Railroad on the North. The
subject site consists of six parcels owned by four different parties. Union Land II is proposing to
purchase these properties, remove the existing structures, and prepare the area for
redevelopment. In their place, the developer plans to construct a four-phase, mixed use
redevelopment called “Hoigaard Village”.
The first phase would entail a five story, vertical mixed use building abutting the north side of
36th Street between Xenwood Avenue and Webster Avenue. The building would have
approximately 25,000 square feet of commercial space on the ground floor and a total of 71
condominiums on the upper floors.
The second phase, built directly behind the mixed use building on the same block but along the
south side of 35 1/2 Street would include 61 condominiums with below ground parking.
The third phase, built along the north side of 35 1/2 Street between Xenwood and Webster
Avenues, would include 22 rowhouses with below ground parking.
The fourth phase, built where the Hoigaards store is currently located, would include 220 luxury
apartments divided between two buildings. Both would be 4-5 stories and offer both surface and
below ground parking.
All together, Hoigaard Village would have a total of 374 housing units.
On November 21, 2005 the City Council approved the preliminary plat, PUD, and street vacation
request for the proposed Hoigaard Village project.
St. Louis Park Council Meeting
Item: 010306 - 8c - Request PH For Elmwood TIF
Page 2
Request for TIF Assistance
The EDA/Council reviewed the preliminary TIF application from Union Land II LLC for its
proposed housing project at the January 10th and May 16th, 2005 study sessions. It reviewed the
developer’s revised TIF application at the November 14th, 2005 study session. At that time the
EDA/Council asked that staff continue to work with the developer on the project. In its revised
application, the developer requested that a range of $4.75 to $5.5 million in tax incremental
financing be considered (depending on more definitive soil remediation cost estimates) to
facilitate the proposed project. Staff and the EDA’s financial consultant, Ehlers and Associates,
reviewed the developer’s latest proforma and determined that the requested range of assistance
was warranted although the exact figure has yet to be determined. The proposed project, if
approved and constructed, will likely generate the requested TIF amount in less than 9 years (on
a net present value, pay-as-you-go basis using a 6.5% interest rate and no inflation) when it is
added to the existing Elmwood Village TIF District.
Currently, the properties that constitute the redevelopment site have a total market value of $4.9
million. The projected market value of the property upon redevelopment will be in excess of $70
million. The property taxes payable in 2005 on these same properties was $150,593. Upon
redevelopment, the site will generate more than $820,000 in property taxes.
Call for Public Hearing
Calling for the public hearing will allow the EDA/Council to take steps it deems appropriate to
modify the existing Elmwood Village TIF District (see enclosed map) to incorporate the
proposed Hoigaard Village project. The TIF hearing is scheduled to be held on February 21,
2006. Setting a hearing date for expansion of the Elmwood TIF District does not, in itself,
authorize or commit the city to any level of TIF assistance to the proposed project. Procedurally
it simply enables the EDA/city to hold a public hearing to consider the expansion of the existing
Elmwood TIF District. The EDA will have the opportunity to consider the precise amount of
TIF assistance when a redevelopment contract with the developer is presented. Such a contract
is likely to be considered by the EDA at a meeting in February.
Attachments: Resolution
TIF Schedule
Prepared by: Greg Hunt, Economic Development Coordinator
Reviewed by: Kevin Locke, Community Development Director
Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 8c - Request PH For Elmwood TIF
Page 3
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 06-004
RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL
ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE
REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND
THE PROPOSED MODIFIATION OF THE ELMWOOD VILLAGE TAX
INCREMENT FINANCING DISTRICT.
BE IT RESOLVED by the City Council (the "Council") for the City of St. Louis Park, Minnesota (the
"City"), as follows:
Section 1. Public Hearing. This Council shall meet on February 21, 2006, at approximately 7:30
P.M., to hold a public hearing on the proposed adoption of a Modification to the Redevelopment Plan for
Redevelopment Project No. 1 and the proposed modification to the Tax Increment Financing Plan for the
Elmwood Village Tax Increment Financing District (a renewal & renovation district), (collectively the
"Modifications"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134,
and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and
redevelopment of certain designated areas within the City; and
Section 2. Notice of Public Hearing, Filing of the Modifications. City staff is authorized and
directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents
to the appropriate taxing jurisdictions including Hennepin County and St. Louis Park School District No.
283. The City Clerk is authorized and directed to cause notice of the hearing, together with an
appropriate map as required by law, to be published at least once in the official newspaper of the City not
later than 10, nor more than 30, days prior to February 21, 2006, and to place a copy of the Modifications
on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public.
Reviewed for Administration Adopted by the City Council January 3, 2006:
_________________________________ _________________________________
Tom Harmening, City Manager Jeff Jacobs, Mayor
ATTEST:
_______________________________
Nancy Stroth, City Clerk
St. Louis Park Council Meeting
Item: 010306 - 8c - Request PH For Elmwood TIF
Page 4
SCHEDULE OF EVENTS
ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND THE CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA FOR THE MODIFICATION TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE MODIFICATION OF THE ELMWOOD VILLAGE TAX INCREMENT FINANCING DISTRICT (a renewal and renovation district) January 3, 2006 EDA requests that the City Council call for a public hearing. January 3, 2006 City Council calls for a public hearing on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the modification of the Elmwood Tax Increment Financing District. January 3, 2006 Project information (property identification numbers and legal descriptions, detailed project description, maps, but/for statement, and list of sources and uses of funds) for drafting necessary documentation sent to Ehlers & Associates. Ehlers & Associates confirms with the City whether building permits have been issued on the property to be included in the TIF District. January 6, 2006 Project information submitted to the County Board for review of county road impacts (at least 45 days prior to public hearing). [Ehlers will fax & mail by January 4, 2006] January 20, 2006 Fiscal/economic implications received by School Board Clerk and County Auditor (at least 30 days prior to public hearing). [Ehlers & Associates will fax & mail by January 18, 2006]
February 6, 2006 Ehlers & Associates conducts internal review of the Modifications.
February 9, 2006 Date of publication of hearing notice and map (at least 10 days but not more than 30 days prior to hearing). [Ehlers & Associates will e-mail notice & map to the Sun Sailor by February 2, 2006] February 15, 2006 Planning Commission reviews Modifications to determine if they are in compliance with City's comprehensive plan and adopts a resolution approving the Modifications. February 21, 2006 EDA adopts a resolution approving the Modifications. February 21, 2006 City Council holds public hearing at 7:30 p.m. on a Modification to the Redevelopment Plan for Redevelopment Project No. 1 and the modification of the Elmwood Village Tax Increment Financing District and passes resolution approving the Modifications. [Ehlers & Associates will email Council packet information to the City by February 13, 2006] ____________ Ehlers & Associates files Modifications with the MN Department of Revenue, OSA and Hennepin County.
St. Louis Park Council Meeting
Item: 010306 - 8c - Request PH For Elmwood TIF
Page 5
An action under subdivision 1, paragraph (a), contesting the validity of a determination by an authority under section 469.175, subdivision 3, must be commenced within the later of:
(1) 180 days after the municipality’s approval under section 469.175, subdivision 3; or (2) 90 days after the request for certification of the district is filed with the county auditor under section 469.177, subdivision1.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 1
8d. Time Warner Cable TV Franchise Renewal Second reading of cable TV franchise renewal ordinance. Recommended Action: Motion to approve second reading of the attached cable TV franchise renewal ordinance with Time Warner Cable, approve summary, and authorize publication. Background: Council was last updated on the status of the franchise renewal process at its December 19, 2005 meeting. At that meeting, Council closed the public hearing, approved first reading of the cable TV franchise renewal ordinance, extended the term of the current franchise agreement to January 3, 2006, and set second reading of the franchise renewal ordinance for the same date. The current franchise agreement extension with Time Warner (TW) is due to expire on January 3, 2006 unless the City Council approves second reading of the ordinance. The remainder of this report is a reiteration of information presented on December 19. Major Business Points: While the detailed language of the franchise ordinance is critical, it is primarily a technical exercise to finalize it. Importantly, at a policy level, Council has expressed significant concern over continuation of what is currently known at Local Origination (LO) programming. TW has indicated its strong desire to no longer directly provide LO programming. TW has recently eliminated this similar responsibility in renewal negotiations in Fridley. Staff feels the major business points below will allow the City to continue provision of Municipally Operated Programming (using City staff) in lieu of LO programming, and address several other components of the franchise important to the community.
Summary of Material Business Points
Cable TV Franchise-Time Warner
1. Non-exclusive 15 year franchise.
2. TW able to discontinue Local Origination programming within one year, but will provide
$1.1 million for financial support of City generated programming over 15 year period,
and will transfer existing van and equipment to City.
3. Payment of the $1.1 million financial support is accelerated, with payments to City to be
made as follows:
• $800,000 on or before June 30, 2006
• $200,000 on or before December 31, 2011
• $100,000 on or before December 31, 2016
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 2
4. Company receives both level playing field language (additional competitive franchises to
be issued on substantially equal terms) as well as option to terminate franchise if
regulatory environment changes in the future.
5. City receives similar option to terminate franchise early unless 2011 and 2016 payments
are made, in which case franchise will continue.
6. Free service to schools and public buildings continues and slightly enhanced, sites able to
originate system programming continued.
7. Company continues to pay franchise fee, modified to apply to all gross revenues derived
from provision of cable services.
8. Company receives flexibility in moving local office anywhere within 10 miles of City,
but agrees to provide up to two free drop sites for equipment and payments at city sites.
Optionally, Company could retain current St. Louis Park office indefinitely.
9. Home delivery is offered (currently free, but company could charge in the future).
10. Company obligation to provide local studio eliminated. City staff currently in discussions
with Pavek Museum of Broadcasting to jointly build an alternative studio. TW has also
indicated a willingness to work with the City to transition studio availability.
11. City to receive up to 20 hours per month of Video on Demand for and City or ISD #283
School programming. Company to recover one currently dedicated access channel.
12. Adopt by reference federal and state requirement for customer privacy and service
policies, emergency warning, and technical standards.
13. Company will be subject to City right of way ordinance.
Part of the negotiations includes the City agreeing not to pursue any claims raised as part of
recent fee audit. Staff feels the benefits from the renewal agreement outweigh any benefits that
may be derived from a costly pursuit of claims.
It is also important that Council understand that in order to provide Municipally Operated
Programming at a level the community is accustomed to will cost more than the $1.1 million
provided over the 15 years of the franchise renewal. It will be necessary to draw upon the Cable
TV Fund to the extent of approximately $1,000,000 over the 15-year period. The primary source
of revenue to the Cable TV Fund is franchise fees on gross Cable TV service revenues. For
comparison purposes the City of Fridley, which also received LO programming from TW,
received less than half the amount included in the proposed agreement.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 3
Recommendation: Consistent with City Council review of this item at the public hearing held on December 19, 2005 and approval of first reading of the related ordinance on the same date, it is recommended that Council approve second reading of the attached cable TV franchise renewal ordinance with Time Warner Cable, approve summary, and authorize publication. Attachment: Cable TV Franchise Ordinance Summary Publication Prepared by: Clint Pires, Director of Technology and Support Services Approved by: Tom Harmening, City Manager
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 4
ORDINANCE NO. 2309-06
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 28 OF THE
ST. LOUIS PARK CODE OF ORDINANCES RELATING TO
TELECOMMUNICATIONS, ENACTING A CABLE TELEVISION FRANCHISE
ORDINANCE
THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS:
Section 1. Chapter 28 of the St. Louis Park Code of Ordinances is amended by
adding ARTICLE I., Sections 28-1-1 to 28-1-30 to read as follows:
ARTICLE I. TIME WARNER/COMCAST CABLE FRANCHISE
Sec. 28-1-1. Granting Ordinance; Purposes.
The City has determined that it is desirable and advantageous to the citizens of St. Louis
Park to renew the existing cable television franchise with Time Warner Cable, Inc., the
current franchisee, which the City anticipates will be subsequently transferring the renewed
franchise to Cable Holdco II Inc., a wholly-owned subsidiary, through other subsidiaries, of
Comcast Corporation (“Comcast”). In accordance with state and federal law requirements,
the City has reviewed and found sufficient both entities technical ability, financial condition,
and legal qualifications to operate in St. Louis Park and hereby determines that it is in the
public interest to initially grant to Time Warner Cable a full and complete, nonexclusive
franchise for a period of fifteen years for the operation and maintenance of a cable television
in St. Louis Park; provided, however, the franchise is subject to the terms and conditions set
forth in this Franchise Ordinance. By separate resolution the City also has approved the
transfer of this Franchise to Comcast.
Sec. 28-1-2. Short Title.
This Franchise Ordinance shall be known and may be cited as the "Cable
Communications Franchise Ordinance," hereinafter "Franchise Ordinance", and it shall
become a part of the ordinances and Legislative Code of the City of St. Louis Park.
Sec. 28-1-3. Definitions.
In this Franchise Ordinance the following terms, phrases, words and their derivations
have the meanings given. When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular number, and words in
the singular number include the plural number. The words "shall" and "will" are always
mandatory and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 5
Basic Service means the lowest priced tier of Cable Service that includes the
retransmission local broadcast television signals; any public, educational, and governmental
access programming required by this franchise to be provided to subscribers; any regional
channel required by state law; and additional video programming signals or services added by
cable operator.
CATV System is synonymous with "cable system" or “system” and means the Company’s
facility, consisting of a set of closed transmission paths and associated signal generation,
reception, and control equipment that is designed to provide Cable Service which includes video
programming and which is provided to multiple Subscribers within the Franchise Area.
Cable Service means (1) the one-way transmission to Subscribers of (a) video
programming, or (b) other programming service, and (2) subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming service.
City means the City of St. Louis Park, Minnesota as it exists now and as its borders may
from time to time be changed; including, without limitation, its officers, boards, commissions,
elected officials, agents, attorneys, representatives, servants and employees.
Company means Time Warner Cable, Inc., the grantee of rights and obligations under this
Franchise Ordinance, including, but not limited to, all subsidiaries, parents, or affiliate
companies, associations or organizations having any rights, powers, privileges, duties, liabilities
or obligations, under this Franchise Ordinance; and all owners, affiliates, successors, transferees,
assignees, subcontractors, agents, employees and representatives.
FCC means the Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
Franchise Ordinance means the incorporated terms of this Cable Communications
Franchise Ordinance, governing the operation of a CATV System within and throughout the City
of St. Louis Park.
Gross revenues means all revenues earned directly or indirectly by the Company, arising
from or in connection with the provision of cable service in the City and consistent with local,
state and federal law, including subscriber revenues (including pay TV), amounts collected as
franchise fees, advertising income, home shopping programs and rentals of subscriber
equipment, recorded as earned, in accordance with generally accepted accounting principles, in
the area under jurisdiction of the City. The Company is not required to include revenues
recorded as earned but which are deemed uncollectable, but it must include recoveries previously
deemed uncollectable. This definition of gross revenues also does not include sales, excise or
other taxes (other than franchise fees) collected by the Company on behalf of federal, state,
county, city or other governmental unit, including FCC user fees. Funds collected by the
Company to recover amounts paid to support public, educational and governmental access
programming are also excluded from the definition of gross revenues.
.
Person means any person, firm, partnership, association, corporation, company,
organization or entity.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 6
Public Property means any real property owned by the City other than a highway,
sidewalk, easement or dedication.
PEG means the public, educational and governmental access channels, equipment,
programs or facilities, as the context dictates.
.
ISD 283 means Independent School District 283, located within the City of St. Louis
Park.
State of the Art means equipment or facilities that:
(1) Are readily available with reasonable delivery schedules from two or more
sources of supply;
(2) Have the capability to perform the intended functions demonstrated within
communities with similar characteristic (including, but not necessarily
limited to, population, density, Subscriber penetration, etc.) under actual
operating conditions for purposes other than tests or experimentation; and
(3) Are technically and economically feasible to implement. The term “State
of the Art” shall not include equipment or facilities associated with or
dedicated to the general public, educational or governmental access or
telecommunication services.
Franchise Area means the present boundaries of the city of St. Louis Park, Minnesota,
and shall include any additions thereto by annexation or other legal means.
Multichannel Video Programming Distributor means a person such as, but not limited to,
a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite
service, open video system operators, telephone companies, utility companies or a television
receive-only satellite program distributor, who makes available for purchase, by subscribers or
customers, multiple channels Cable Service or substantially equivalent video programming.
Public Way, Right of Way or ROW means the space on, over, above and below any
public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, parkway,
way, lane, public way, drive, circle, or other public right-of-way, including, but not limited to,
public utility easements, dedicated utility strips, or rights-of-way dedicated for compatible uses
now or hereafter held by the City in the Franchise Area which shall entitle the Company to the
use thereof for the purpose of installing, operating, repairing, and maintaining the CATV
System.
Subscriber means any person who lawfully receives cable service from the Company and
does not further distribute it.
Company’s place of business means Company offices with financial records and maps,
which shall be located in the Minneapolis/St. Paul metropolitan area.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 7
Sec. 28-1-4. Application for a franchise.
Applications for a franchise, other than a franchise renewal pursuant to 47 U.S.C. §546,
shall be filed with the City clerk in accordance with instructions promulgated by the City and
shall contain the following information and provisions:
(1) The name and business address of the applicant(s), date of application and signature of
applicant(s) or appropriate corporate officer(s).
(2) A description of the legal, technical and financial qualifications of the applicant(s).
(3) Payment of the required filing fee.
(4) Any applicant (including, specifically, the Company) shall reimburse City at the time
the applicant accepts a franchise for all reasonable costs of the City in connection with
the granting or renewal of a franchise, including costs for legal services and
publication.
(5) A general description of the applicant's proposed operation.
(6) A statement of the applicant's proposed schedule of charges.
(7) A statement detailing the corporate organization of the applicant, if any, including the
names and addresses of its officers and directors and the division of shares between
shareholders.
(8) A statement describing all intra-company relationships of the applicant including
parent, subsidiary or affiliated companies.
Sec. 28-1-5. Grant of franchise.
(1) Grant. The Grantee shall have the nonexclusive right and privilege, subject to the
provisions of this Franchise Ordinance to construct, erect, and maintain, in, upon, along,
across, above, over and under the Rights of Way in the Franchise Area a CATV System
and shall have the right and privilege to provide Cable Service. The System constructed
and maintained by Grantee or its agents shall not interfere with other uses of the Rights
of Way. Grantee shall make use of existing poles and other above and below facilities
available to Grantee to the extent it is technically and economically feasible to do so.
Nothing contained in this Franchise, shall be construed to give Grantee the authority to
enter upon or work on private property in areas not encumbered with public easements
without the permission of the property owner.
(2) Other Ordinances. The Company agrees to comply with the terms of any generally
applicable local ordinance. In the event of a conflict between any generally applicable
ordinance and this Franchise Ordinance, the terms of this Franchise Ordinance shall
control.
(3) State and Federal Law. Notwithstanding anything in this Franchise Ordinance to the
contrary, the City and Company shall conform to state laws and rules regarding cable
communications and shall conform to federal laws and regulations regarding cable as
they become effective.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 8
Sec. 28-1-6. Franchise required.
After the effective date of this Franchise Ordinance, no person shall establish, operate
or carry on the business of distributing to any person in the City any television signals, or
radio signals or other intelligences, either analog or digital, by means of the Public Ways
unless a franchise has first been obtained pursuant to the provisions of this Franchise
Ordinance, and unless such franchise is in full force and effect. No person shall construct,
install or maintain within any public street in the City, or within any other public property of
the City, or within any privately owned area within the City which has not yet become a
public street on any tentative subdivision map approved by the City; any equipment or
facilities for distributing any television signals or radio signals or other intelligences either
analog or digital unless a franchise authorizing the use of the streets or properties or areas has
first been obtained pursuant to the provisions of this Franchise Ordinance, and unless such
franchise is in full force and effect.
Sec. 28-1-7. Privileges and obligations under the franchise.
(1) Privileges Subordinate. Any privilege claimed under a franchise in any street or other
public property shall be subordinate to any lawful occupancy of the street or other public
property by the City for City purposes or to any present or future improvements to the
streets by the City, including without limitation sidewalks and roadway widening.
(2) Consent to Transfer. The sale or transfer of the CATV System franchised under this
Franchise Ordinance requires the prior written approval of the City. The parties to the
sale or transfer shall make a written request to the City for its approval of the sale or
transfer, and the request shall be processed by the City as required by Federal and state
law.
(3) Additional Franchises.
A. The Company acknowledges and agrees that the City reserves the right to grant
one (1) or more additional franchises or other similar lawful authorization to
provide Cable Services or video programming services within the City; provided,
however, that no such franchise or similar authorization shall contain material
terms or conditions which are substantially more favorable or less burdensome to
the competitive entity than the material terms and conditions herein.
B. Notwithstanding any provision to the contrary, if a non-wireless Multichannel
Video Programming Distributor legally authorized by state or federal law, makes
available for purchase by Subscribers or customers, Cable Services or other video
programming services within the Franchise Area without a franchise or other
similar lawful authorization granted by the City, then Company or City shall have
the right, upon one hundred eighty (180) days advance written notice to the other
party, to terminate this Franchise; provided, however, that the City shall have no
right to terminate the franchise pursuant to this section prior to 2016 in the event
that Company had made or guarantees payment of the $200,000.00 capital
support payment due on December 31, 2011 pursuant to Section 28-1-14(6) of the
Franchise Ordinance; provided, further, that the City shall have no right to
terminate the franchise pursuant to this section at any time during the term in the
event that Company had made or guarantees payment of the $200,000.00 capital
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 9
support payment due on December 31, 2011 and the $100,000.00 payment due on
December 31, 2016 pursuant to Section 28-1-14(6) of the Franchise Ordinance.
Nothing herein shall in any way limit or reduce Company’s right to provide Cable
Service in the City under applicable state or federal law nor the City’s right to
regulate Company’s provision of Cable Services in the City.
(4) Notices. All notices from Company to the City pursuant to this Franchise Ordinance
shall be filed with the City Clerk and with the City Manager. Company shall maintain
with the City, throughout the term of this Franchise Ordinance, an address for service of
notices by mail. Company shall also maintain with the City, a local office and telephone
number for the conduct of matters related to this Franchise Ordinance during normal
business hours.
Sec. 28-1-8. Duration of franchise.
The term of the cable franchise granted by the City to the Company pursuant to this
Franchise Ordinance shall be for a period of fifteen (15) years from and after the effective
date. Nothing in this Section limits the City's or Company’s rights to revoke or terminate the
franchise granted by subsequent sections of this Franchise Ordinance.
Sec. 28-1-9. Franchise payment.
(1) Payment to the City. The Company shall pay to the City an annual franchise fee in an
amount equal to five percent (5%) of the annual gross revenues received by the
Company for Cable Services within the City. Payment will be made to the City with
an itemization of the gross revenues.
(2) Method of Computation; Interest. Local sales taxes or other local taxes levied directly
on a per-subscriber basis and collected by the Company shall be deducted from the
local gross revenues before computation of sums due the City is made. Payments due
the City under the terms of this Franchise Ordinance shall be computed and paid within
45 days of the end of each calendar quarter. The City shall be furnished a statement
with each payment, certified as correct by the Company, reflecting the total amounts of
gross revenues, and the above charges, deductions and computations, for the three (3)
months' payment period covered by the payment.
In the event that any franchise fee payment is not made on or before the applicable
date(s) specified, interest on the amount due (as determined from the gross operating
receipts computed by an independent certified public accountant), shall accrue from
the required payment date at the annual rate of twelve percent (12%).
(3) Rights of Recomputation. No acceptance of any payment shall be construed as a
release or as an accord and satisfaction of any claim the City may have for further or
additional sums payable as a franchise fee under this Franchise Ordinance or for the
performance of any other obligation. The period of limitation for recovery by the City
of any franchise fee payable hereunder shall be three (3) years from the date on which
payment by the Company is due to the City or for any period covered by an audit
conducted pursuant to and in accordance with Section 28-1-19(4).
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(4) Late Payments. The City's acceptance of a late payment by the Company shall not be
deemed a waiver of their right to enforce timely payments in the future.
(5) In addition to Cable Service, the Grantee (either by itself or through one or more
affiliates) may provide information and/or telecommunications services. For purposes
of calculating the Franchise Fee when the Grantee packages or “bundles” Cable
Services with other services not subject to franchise fees, the Grantee shall allocate
revenues and compute the Franchise Fee due pursuant to this Franchise in accordance
with EITF 00-21 or such subsequently issued generally accepted accounting principles
(“GAAP”) which amend or supersede EITF 00-21, or as otherwise required by
applicable law. In the event EITF is amended or superseded, the Grantee will notify
the City of such change in its required Franchise Fee report.
Sec. 28-1-10. Security for performance.
(1) Performance Bond.
(a) Terms of Bond. As of the effective date of this Franchise Ordinance, the
Company shall file with the City Clerk at its own expense, and at all times
thereafter maintain in full force and effect for the term of this Franchise
Ordinance or any renewal, running to the City, a faithful performance bond in
the amount of $50,000.00. The bond shall be issued by a responsible company
licensed to do business in the State of Minnesota, renewable annually and
conditioned upon the faithful performance by the Company of all the terms and
conditions of this Franchise Ordinance. This performance bond shall contain
the further condition that in the event Company shall fail to comply with any
law, ordinance or regulation governing the Franchise Ordinance, any such
failure be deemed material, then the principal and surety of the bond shall be
jointly and severally liable for any damages or loss suffered by the City as a
result, including the full amount of any compensation, indemnification, or cost
of removal or abandonment of any property of the Company up to the full
amount of the bond.
This condition shall be a continuing obligation for the duration of the
Franchise Ordinance and any renewal or extension and until the Company has
liquidated all of its obligations with the City that may arise from the Company's
acceptance of this Franchise Ordinance or from Company's exercise of any
privilege or right granted by this Franchise Ordinance.
Notwithstanding the above provisions of this subsection, the Council
may in its sole discretion waive the bond or reduce the required amount after
five (5) years of operation of a CATV System under the Franchise Ordinance
by the Company if the operation, in the sole opinion of the City, has been
satisfactory.
The bond(s) should be subject to the approval of the City and shall
contain the following endorsement:
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It is hereby understood and agreed that this bond may not be cancelled
until sixty (60) days after receipt by the City (by filing with the City Clerk), by
registered mail return receipt requested, of a written notice of intent to cancel,
intent not to renew, or material change in the bond.
(b) Delays in Performance. The bond(s) required in this subsection shall provide
that with fifteen (15) days' prior written notice to the Company, the City may
recover against the surety the sums provided for failure to complete
construction in accordance with any provisions of this Franchise Ordinance.
(2) Letter of Credit.
(a) Within ten (10) days after the adoption of this Franchise Ordinance, Company
shall deposit with the City an effective irrevocable Letter of Credit from a local
financial institution (and maintain at all times through the term of this Franchise
Ordinance), in the amount of Twenty Thousand Dollars ($20,000.00). The
form, manner and content of the Letter of Credit shall be subject to the approval
by the City Manager, which approval shall not be unreasonably withheld. The
Letter of Credit shall be used to insure the faithful performance by Company of
all the provisions of this Franchise Ordinance and compliance with all orders,
permits and directions of City lawfully imposed on Company and the payment
by Company of any claims, liens and taxes due City which arise by reason of the
construction, rebuild, upgrade, operation or maintenance of the CATV System.
City reserves the right, in its sole discretion, to reduce the required amount of
the Letter of Credit.
(b) If Company fails to pay to City any taxes due and unpaid or fails to repay to
City, any penalties, damages, costs or expenses for which the Company is
required to indemnify the City under this Franchise Ordinance or is deemed,
pursuant to the procedures required under Section 28-1-21 hereof, to comply
with any provision of the Franchise Ordinance which City reasonably
determines can be remedied by an expenditure of the security, City may
immediately request and receive payment of the amount due and owing (with
interest and any penalties) from the financial institution holding the Letter of
Credit. Upon request for such payment, City shall notify the Company of the
amount and date of the payment.
(c) Whenever the City shall receive payment of any amount against the Letter of
Credit, the Company shall pay to or deposit with the financial institution
holding the Letter of Credit an amount sufficient to replenish the Letter of
Credit to its full value of Twenty Thousand Dollars ($20,000.00) within ten
(10) days after the Company has been notified of the City's request for
payment. The City Manager shall be furnished with written proof of
replenishment not later than twenty-four (24) hours after it is accomplished.
(d) The Letter of Credit shall contain the following endorsement:
It is hereby understood and agreed that this Letter of Credit may
not be cancelled by the financial institution nor the intention not to renew
be stated until thirty (30) days after receipt by the City, by registered
mail, of a written notice of such intention to cancel or not to renew.
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(3) Rights Reserved to City. The rights reserved by the City with respect to the bond(s) and
Letter of Credit are in addition to all other rights and remedies the City may have under
this Franchise Ordinance or any other law.
Sec. 28-1-11. Liability insurance and indemnification.
(1) Liability Insurance.
(a) At all times during the term of the Franchise Ordinance, Company shall
maintain and (by its acceptance of a franchise under this Franchise Ordinance)
specifically agrees that it will maintain in full force and effect, and at its own
cost and expense comprehensive general liability insurance insuring the City
and the Company from claims which may arise from Company’s operations
under this Franchise. The insurance must provide for at least $4 million in
coverage for personal injury or death from any occurrence. The policy or
policies shall afford the same limits of liability as set out above for liability
assumed under contract. The policy or policies shall name the City as an
additional insured and provide that no other insurance maintained by the City
will be called upon to contribute to a loss covered under that policy.
All insurance policies maintained pursuant to this Franchise Ordinance
shall contain the following endorsement:
It is understood and agreed that this insurance policy may not be
cancelled nor the intention not to renew be stated until sixty (60) days after
receipt by the City, by registered mail, of written notice of such intention to
cancel or not to renew.
(2) Indemnification.
(a) The Company shall indemnify and hold harmless the City from any suit, claim
or demand whatsoever which may be asserted or recovered against it based upon
or arising out of Company's construction, maintenance, or operation of the
system or any part thereof; provided, that such suit, claim, or demand is not
based upon the City's own intentional or negligent conduct. The City agrees to
immediately notify Company, in writing and within forty-eight hours (unless
notification within forty-eight hours would be unreasonable due to extraordinary
circumstances) of any claim or suit against the City for which Company may be
required to indemnify the City. In the event Company is required to defend the
City in connection with this section, the City agrees to tender control of its
defense to Company and Company shall have the right to select defense counsel.
The City agrees to cooperate in its own defense. This section does not apply to
claims brought against the City pertaining to the granting of this Franchise
Ordinance.
(b) Reserved.
(c) City reserves the right, at its own expense, to participate in the defense of any
claim identified above either through intervention or otherwise.
(d) The City is in no manner or means waiving any governmental immunity or
limitation of liability it may enjoy or any immunity or limitation of liability for
its agents, officials, servants, attorneys, representatives and/or employees.
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(e) The Company shall make no settlement in any matter identified above without
the City's written consent, which shall not be unreasonably withheld. Failure to
inform the City of settlement shall constitute a breach of this Franchise
Ordinance and the City may seek any redress available to it against the
Company whether set forth in this Franchise Ordinance or under any other
municipal, state or federal laws.
(f) Reserved.
(g) The City's exercise of or failure to exercise any rights pursuant to any Section of
this Franchise Ordinance shall not affect in any way the right of City
subsequently to exercise any such rights or any other right of City under this
Franchise Ordinance or any other ordinance, rule, regulation or law.
Sec. 28-1-12. System facilities; capabilities.
(1) Business Office. The Company shall maintain a full service office at a location
convenient to the public, it being understood and agreed that any location within 10
miles of the City shall be deemed convenient to the public. At such time as Company
ceases to maintain such an office in the City, the Company shall provide for the
convenience of its customers drop boxes for payments and equipment at up to two
locations to be determined by mutual agreement of the parties; provided, however, that
the City agrees to provide locations on City-owned property at which such drop boxes
may be located. Equipment exchanges and other customer service needs may also be
addressed through Company’s direct service offerings.
(2) Studio Facilities; Personnel. For the lesser of one year or such time as the City has
established replacement studio facilities, the Company shall continue to make available
its existing studio facilities within the City. During this period, the studio shall continue
to be equipped with sufficient equipment and personnel to ensure its present level of
functionality. Company’s studio shall be accessible to the public and operate at
reasonable hours to accommodate the public.
(3) Emergency Capability and Use. The City and the Company shall conform to federal
laws and regulations as they become effective, including 47 CFR Parts 11, 21, 63 and
76 regarding emergency alert system requirements.
Sec. 28-1-13. Construction and technical standards.
(1) Compliance with Construction and Technical Standards. Company shall construct,
install, operate and maintain its system in a manner consistent with all laws,
ordinances, construction standards, governmental requirements and FCC technical
standards.
(2) Performance Tests and Certification.
(a) The Company shall be responsible for insuring that the CATV System is
designed, installed and operated in a manner which fully complies with the
technical standards of this Franchise Ordinance.
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(b) The Company shall conduct complete performance tests of the CATV System as
required by FCC regulations. The Company shall provide the City 30 days
advance notice of any test and, upon request, with a written report of the results
of such FCC technical tests.
(c) Company shall bear all of the costs of technical standards testing required under
FCC rules.
Sec. 28-1-14. PEG programming and Leased Access channels.
(1) Specially Designated Public, Educational, Governmental (PEG) and Leased Access
Channels. Company shall make available for access programming at least five (5)
downstream video channels on the Subscriber Network for public, educational and
governmental access. Two of the channels shall be specially designated for
noncommercial public access; one channel shall be dedicated to local non-commercial
municipally-produced community programming; one channel shall be specially
designated for noncommercial access by local educational authorities; and one channel
shall be specially designated for noncommercial access for local government use. In
addition, Company shall make available leased access channels pursuant to the Cable
Communications Policy Act of 1984.
The VHF spectrum shall be used for a least one (1) of the specially designated
noncommercial public access channels required in this Section. Company shall provide
reception on these channels to each of the subscribers who receive Basic Service.
Company shall ensure that its delivery and transmission of PEG channels and
programming shall be without material alteration or degradation of picture or sound
content and will be of a quality consistent with FCC technical standards. In the event the
Company changes the access channel designations (numbers), the Company shall, to the
extent possible, provide sixty (60) days prior written notice of such change(s) to the City.
In addition, the Grantee shall provide reasonable notice of such change(s) to Subscribers
via, for example, bill stuffers or a channel crawl.
(2) Charges for Use of Public Access Channels. No charges shall be made for channel time
or playback of prerecorded programming on at least one (1) of the specially designated
noncommercial public access channels required by this Section, provided, however, that
personnel, equipment, and production costs may be assessed for live studio
presentations exceeding five (5) minutes in length. Charges for such production costs
and any fees or use of other public access channels shall be consistent with the goal of
affording the public a low cost means of television access.
(3) Access Channel Rules. The governmental access channel, municipally operated
channel, and public access channels, shall be administered solely by the City. The local
educational channels shall be administered solely by ISD 283. The leased access
channel(s) shall be administered solely by the Company.
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(4) Reduction of Channel Capacity. If available channel capacity is reduced in the future or
where demand for use does not warrant activation of all of the specially designated
access channels required in this Section; public, educational, governmental and leased
access channel programming may be combined on one or more cable channels. To the
extent consistent with the City's rules and where time is available, access channels may
also be used for other broadcast and nonbroadcast services, provided that such services
are subject to immediate displacement and may be replaced by access channels if City
determines, in its sole discretion, that there is demand to use the channel for its specially
designated access purpose. Company shall, in any case, provide at least one (1) full
channel on the VHF spectrum for shared access programming. Available channel
capacity shall be reduced or a determination that demand for use does not warrant
activation of all the specially designated access channels required by this Section shall
be made only pursuant to the following procedure:
(a) Company will notify City of the proposed change;
(b) City shall make a determination following a process of review which
takes into account such rules as may be established by City for this
purpose and which affords notice and opportunity to be heard to all
interested parties.
(5) Video on Demand. The Company shall provide Video on Demand service (VOD) for
government and community programming. The VOD service to be provided herein shall
be limited to up to twenty (20) hours per month and, in addition to City-provided content,
may include ISD 283 programming. The City will be solely responsible for determining
programming priority and will be responsible for providing Company with good quality
masters in a format determined through mutual agreement. A presentation form (stating
program information, the City’s acceptance of responsibility for content, “kill” dates, if
applicable, and other matters) and content delivery method will be determined through
mutual agreement of the parties.
(6) Support Grant. Company shall pay to the City the amount of $1.1 million dollars,
which shall be used solely for PEG access purposes. This amount shall be in addition to
any other required fee or payment, and shall be paid as follows:
$800,000 on or before June 30, 2006
$200,000 on or before December 31, 2011
$100,000 on or before December 31, 2016
(7) Transfer of Equipment. Company shall continue to meet the Local Origination
requirement in its previous franchise with the City until December 30, 2006. On or
before that date, Company shall transfer to City its current production van as presently
equipped, subject to normal wear and tear.
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Sec. 28-1-15. Interconnection/Service to government and school buildings.
(1) Programming Origination Sites. Company agrees to operate and maintain existing direct
connections and necessary equipment for the purposes of cablecasting programming on
the subscriber network, as follows:
a) from ISD 283 High School headend to Company headend.
b) from ISD 283 football field grandstand to High School headend.
c) from City Hall control room racks to Company headend.
d) from Wolfe Park Veteran’s Memorial Amphitheatre to City Hall control room racks.
e) from designated equipment area in nearby Rec Center to City Hall control room racks.
Company shall not be liable or responsible for any costs or expenses resulting from any
City or High School loss of or damage to connections or equipment or any changes to
the City or High School’s wiring implemented by a party other than Company.
(2) Service Provided. Company agrees to make available one free drop of the Subscriber
Network, providing, at no charge, Basic Service to institutions listed on Exhibit A.
Company shall provide, at no charge and upon City’s request, two converters or other
equipment required for converting the signal for analog display, if necessary at each
location (or institution).
Sec. 28-1-16. System Construction requirements.
(1) Permit Application. Company shall be responsible for application costs and approval of
all necessary permits required under the City’s generally applicable ordinances
pertaining to work in Public Ways.
(2) Line Extension Policy.
(a) Upon the effective date of this Franchise Ordinance, the Company shall offer
Cable Service within the Franchise Area. The Company shall extend the Cable
System to any residences within the City requesting Cable Service provided
there are at least thirty (30) homes per mile, or the equivalent thereof, of
required new Cable System construction and the requesting residence is within
125 feet of the Cable System as extended.
(b) In those instances in which the cable that connects the ground block to the nearest
feeder cable of the Cable System is in excess of 125 feet, the Company shall bear
that portion of the cost of constructing the first 125 feet and the requesting
Subscriber shall bear the remainder.
(c) The City recognizes that in some instances the Company may need the permission
of private property owners to extend Service. If the Company is unable to obtain
such permission on reasonable terms, the Company shall be under no obligation
to extend Service.
(d) The Company agrees to extend Cable Service to any business in the Franchise
Area provided costs are within a cost recovery model. The current threshold cost
for extension borne by the Company is available by contacting the Company’s
Business Services Department.
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(3) City's Reservation of Rights. Neither the review of plans by the City nor the granting
by City of any licenses, permits, certificates, authorizations, approvals, etc., shall be
construed as a guarantee or warranty by the City of Company's CATV System. The
Company shall not assert the fact that the City has performed any prior review of its
plans or exercised any ministerial function in granting licenses, permits, certificates,
authorizations, approvals, etc., as a defense against its obligations to indemnify and hold
the City harmless pursuant to Section 9-711(3).
Sec. 28-1-17. Fees, rates and charges.
(1) To the extent authorized by law, the City reserves its rights to regulate rates and charges
imposed by the Company (City received FCC Certification of Franchising Authority to
Regulate Basic Cable Service Rates on 10-26-93).
(2) Notice of Rate Change. Company shall notify the City and subscribers of changes in
rates as and to the extent required by 47 C.F.R. §76.1603.
Sec. 28-1-18. Conditions of public property occupancy.
(1) Approval of Proposed Construction. The Company shall first obtain the approval of the
Director of Public Works before any construction is commenced on streets, alleys,
sidewalks, driveways, public property or places of the City. Application for approval of
construction shall be in a form specified by the Director of Public Works. The
Company shall give the City reasonable written notice of proposed construction to
allow coordination of all work between the City and the Company.
(2) Excavation Permits. Company shall not open or disturb the surface of a street, alley,
sidewalk, driveway or public property for any purpose without first having obtained a
permit to do so in the manner provided by ordinance. Company may apply for a single
permit for all excavation. The amount charged by City to Company for such permit
shall be fair and reasonable.
(3) Changes Required by Public Improvements. Whenever the City undertakes any public
improvement which affects CATV system facilities, it shall direct the Company to
remove or relocate such equipment from the area of public improvement, at Company's
expense. Specifically, Company shall, at its expense, protect, support, temporarily
disconnect, relocate in or remove from a street, alley, sidewalk, driveway, or public
property or place any property of the Company when required by the Director of Public
Works by reason of traffic conditions, public safety, street vacation, street construction,
change or establishment of street grade, installation or improvement of sewers, drains,
water pipes, power lines, signal lines, tracks or any other type of structure, improvement
or alteration of public property. If this public improvement also requires public utilities
to remove or relocate their equipment and the City reimburses the utilities for their
expenses incurred in the removal or relocation, the City shall reimburse the Company
on the same terms and conditions it reimburses the utilities. If the utilities are
reimbursed by some source other than the City, then City shall not be required to
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reimburse the Company for its expenses but will provide the Company with reasonable
assistance in obtaining such reimbursement.
(4) Interference With or Hazard to Persons and Improvements. The Company's CATV
System, including all wires, conduits, cables and other property and facilities, shall be
located, constructed, installed and maintained so as not to endanger or unnecessarily
interfere with the lives of persons or with the usual and customary trade, traffic and
travel upon the streets, alleys, sidewalks, driveways or public property and places of the
City. The Company shall keep and maintain all of its property in good condition, order
and repair and make it available for inspection at any reasonable time and upon
reasonable notice. The City shall have the right to inspect and examine property located
in the Public Way that is owned or used, in part or in whole, by the Company.
Company shall not place poles or other equipment where they will interfere with the
rights or reasonable convenience of adjoining property owners, or with any gas, electric,
or telephone fixtures or with any water hydrants or mains. All poles or other fixtures
placed in a street shall be placed in the right-of-way between the roadway and private
property as specified by the Director of Public Works.
(5) Method of Installation. All wires, cables, amplifiers and other property shall be
constructed and installed in an orderly and workmanlike manner. All cables and wires
shall be installed parallel with existing telephone and electric wires whenever possible.
Multiple cable configurations shall be arranged in parallel and bundled, in compliance
with engineering and safety considerations and standards. Any portion of a CATV
System that is installed in a park or publicly owned open space area shall be installed
underground in a manner approved by the City. All installations shall be underground
in those areas of the City where public utilities providing both telephone or electric
utility facilities are underground at the time of installation. In areas where either
telephone and electric utility facilities are above ground at the time of installation, the
Company may install its service above ground provided that at such time as all those
facilities are required to be placed underground, the Company shall likewise place its
facilities underground without additional cost to the residents of the City except as
provided under City ordinance.
(6) Protection of Facilities. Nothing contained in this Franchise Ordinance shall relieve any
person, company or corporation from liability arising out of the failure to exercise
reasonable care to avoid injuring Company's facilities while performing any work
connected with grading, regrading, or changing the line of any street or public place or
with the construction or reconstruction of any utility facility, sewer or water system.
(7) Notice of City Improvements. The City shall give the Company reasonable notice of
plans for street improvements where paving or resurfacing of a permanent nature is
involved. The notice shall contain the nature and character of the improvements, the
streets upon which the improvements are to be made, the extent of the improvements
and the date of commencement of work. Notice shall be given a sufficient length of
time in advance to permit Company to make any additions, alterations, or repairs to its
facilities deemed necessary, considering seasonal working conditions in advance of the
actual commencement of work.
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(8) Compliance with Codes. All construction, installation, maintenance and operation of
CATV Systems or facilities shall comply with the provisions of the National Electrical
Safety Code as prepared by the National Bureau of Standards, the National Electrical
Code of the National Board of Fire Underwriters, the Bell Telephone System Code of
Pole Line construction, standards issued by the FCC or other federal or state regulatory
agencies, and local zoning regulations. Every CATV System installed, constructed,
maintained or operated in the City shall be designed, constructed, installed, maintained
and operated as not to endanger or interfere with the safety of persons or property in the
City.
(9) Moving Wires. Upon request made at least five (5) days in advance by a holder of a
building moving permit for the purpose of moving buildings, the Company shall
temporarily raise, lower, or remove its wires. The holder of the building moving permit
shall pay the reasonable cost of the requested service and may be required to pay that
amount in advance.
(10) Trimming Trees. All trimming shall be done under the supervision and direction of the
City and at the expense of the Company. The Company shall not remove any tree
within any public place without the prior consent of the City. The Company shall be
allowed to trim trees upon and overhanging streets, alleys, sidewalks, driveways and
public grounds and places of the City to prevent the branches of the trees from coming
in contact with the wires and cables of Company. Regardless of who performs the
work, the Company shall be responsible and shall defend and hold City harmless for
any and all damages to any tree or surrounding land as a result of the trimming or
removal.
(11) Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk,
driveway, foundation or other surfacing, the Company shall, at its own cost and expense
and in a manner approved by the City, replace and restore all paving, sidewalk,
driveway, foundation or surface of any street or alley disturbed, in as good condition as
before the work was commenced and in accordance with standards for such work set by
the City. If, upon reasonable written notice, the Company fails promptly to restore any
street or public place in accordance with this provision, the City shall have the right to
put such street or public place back into good condition at the expense of the Company
and the Company shall, upon demand, pay to the City and the cost of such work done or
performed by the City.
(12) Interference With Reception. Company shall not allow its cable or other operations to
interfere with the broadcast reception of persons not served by Company.
(13) Record of Equipment and Facilities to be Maintained. The Company shall at all times
make and keep at its business office complete and accurate plans and records showing
the exact location of all CATV System equipment and facilities installed or in use in the
City and make available such maps and records for the City's inspection promptly upon
the City’s reasonable request.
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Sec. 28-1-19. Operation of the franchise/consumer service.
(1) Consumer Service Policies. The Company shall comply with applicable customer
service standards set forth at 47 C.F.R. 76.309, or other applicable state or federal
requirements. Nothing in the foregoing shall be construed as a waiver by the City of
any rights it may have to adopt additional or modified consumer protection
requirements to the extent authorized by federal or state law.
(2) Consumer Complaints. The company shall designate a local contact person for City
representatives to contact in case complaints about the company, its practices or
services are received by City staff. The company is expected to normally resolve
customer’s complaints without City involvement, but when customer complaints are
received by City staff and forwarded to the company contact, the Company shall resolve
the customer complaint and notify City staff of the outcome.
The Company shall provide a copy of pertinent company customer service
policies to the City upon request, for verification that company policies have been
followed in complaints received by the City.
(3) Repairs and Maintenance.
(a) Maintenance of the System. The Company shall install and maintain the CATV
System so as to avoid unreasonable or repetitive interruptions in service to
subscribers.
(b) Interruption of Service. Whenever it is necessary to interrupt service to make
tests, repairs, adjustments or installations, the Company shall do so during a
period of minimum subscriber use. Unless an interruption is unforeseen and
immediately necessary, the Company shall give reasonable notice to the
subscribers affected. All costs incurred in effecting such tests, repairs,
adjustments or installations shall be borne by the Company unless otherwise
provided by law, ordinance or regulation.
(4) Reports, Books and Records of Company.
(a) City's Right to Audit. Not more than once every three (3) years, the City shall
have reasonable access at mutually agreed-upon times to audit Company's
accounting and financial records at Company’s place of business upon reasonable
notice as reasonably necessary to verify Company’s compliance with its
monetary obligations to the City under this Franchise Ordinance. Company shall
have the right to observe any such audit proceedings. Such audit may not review
records extending back further than three (3) years from the commencement of
such audit.
(b) Report on Operations. Upon request, the Company shall prepare and furnish to
the City at the time and in the form prescribed by the City Manager, such reports
with respect to its Cable System operations, affairs, transactions or property in
the City, as may be determined reasonably necessary to the City’s regulation of
the Cable System pursuant to this Franchise Ordinance.
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(5) Filing Communications with Regulatory Agencies. As required by applicable law and
otherwise upon request, Company shall provide to City a copy of any petition,
application or similar communication that is submitted by the Company to the FCC, or
other federal or state regulatory commission or agency having jurisdiction in respect to
any matter affecting CATV System operations within the City.
(6) Reserved.
(7) Rules of the Company. The Company may promulgate such rules, regulations, terms
and conditions governing the conduct of its business as may be reasonably necessary to
enable it to exercise its rights and perform its obligations under the Franchise Ordinance
and to assure an uninterrupted service to any and all of its customers; except that such
rules, regulations, terms and conditions shall not be in conflict with the provisions of
this Franchise Ordinance, other ordinances of the City, or the laws of the State of
Minnesota or the United States. Upon request, a current copy of any such rules,
regulations, terms and conditions shall be filed with the City.
(8) Service Contract. If a written service contract is used by a Company in its dealings with
subscribers, the Company shall provide a copy of such contract to the City upon
request.
(9) Reserved.
(10) Reserved.
(11) Preferential or Discriminatory Practices Prohibited.
(a) The Company shall establish and maintain an Equal Employment and
Affirmative Action Program providing that no individual shall be discriminated
against with respect to compensation, terms, conditions or other privileges or
employment because of race, color, creed, religion, sex, national or ethnic
origin, physical condition, age, affectional preference or marital status. The
Company's Equal Employment and Affirmative Action Program shall be
maintained on file with the City Manager and shall be in compliance with
current and future policies established in the City's Affirmative Action Program,
as well as with Section 635 of the Cable Act of 1984. The Company shall
strictly adhere to the Equal Employment and Affirmative Action Program it
files.
(b) The Company shall comply with or exceed all federal, state and local laws and
regulations relating to equal employment opportunity and non-discrimination.
(12) Subscriber Privacy. At all times, Company shall abide by the subscriber privacy
provisions in applicable federal and state laws including 47 U.S.C. §551.
(13) Surveys. Company shall provide the City with the results any non-confidential, non-
privileged survey of Subscribers in the City regarding Cable Service or the operation of
the CATV System.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 22
(14) Periodic Review. The City may request a State-of-the-Art review at the fifth and tenth
anniversaries of the granting of this Franchise. In conducting a State-of-the-Art review,
the City shall undertake the following process:
(a) The City and the Company shall undertake a review of the then existing Cable
System. This review shall, at a minimum, take into account the following:
(1) Characteristics of the existing System;
(2) The State-of-the-Art;
(3) Additional benefits provided to customers by the State-of-the-Art;
(4) The market place demand for the State-of-the-Art;
(5) The use of a need for additional PEG access channels; and
(6) The financial feasibility of the State-of-the-Art taking into account
associated rate increases, and the premature retirement of assets.
(b) The City shall hold a public hearing to enable the general public and Company
to comment and to present evidence.
(c) As a result of any review based on this section, the City and Company may enter
into good faith negotiations to amend this Franchise as necessary to provide
system improvements on a schedule that takes into account the impact on rates,
recovery of costs, benefit to subscribers, and other factors agreed upon.
(d) Notwithstanding anything to the contrary, the City may not undertake a State of
the Art review at any time the Company is deemed subject to effective
competition pursuant to then applicable state or federal law.
Sec. 28-1-20. Rights reserved; resolution of disputes.
(1) No Impairment of Eminent Domain. Nothing herein shall be construed to contract
away, modify or abridge, either for a term or in perpetuity, the City's rights to eminent
domain, including any right of the City to acquire the property of the Company through
the exercise of the right of eminent domain.
(2) Administration of Franchise Ordinance. Subject to the control and direction of the
Council, the City Manager of City, or City Manager's designee, shall be the designated
administrator responsible for the continuing administration of the Franchise Ordinance.
(3) Resolution of Disputes and Appeal Procedures. Prior to taking any enforcement action
authorized by Section 28-1-21, the City shall contact the Company’s designated
representative and attempt to resolve the dispute.
(4) City's Transfer of Functions. Any right or power conferred, or duly imposed upon any
elected official, officer, employee, department, or board of the City shall be subject to
transfer by the City to any other elected official, officer, employee, department or board
to the extent permitted by applicable law.
Sec. 28-1-21. Enforcement.
(1) Failure to Enforce Provisions. The Company shall not be excused from complying
with any of the terms and conditions of the Franchise Ordinance by any failure of the
City upon one or more occasions to insist upon or to seek compliance with any such
terms or conditions.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 23
(2) Penalties. In addition to any other remedies provided in this Franchise Ordinance,
penalties for violations of this Franchise Ordinance are set forth below. As a result of
any acts or omissions by Company pursuant to the Franchise Ordinance, City may
charge to and collect from the Company, by drawing on the Letter of Credit set forth in
Section 28-1-10, or otherwise the following penalties:
(a) For failure to provide, after ten (10) days notice, data, documents, reports or
information or to cooperate with the City during a renewal process, CATV
System Evaluation and Renegotiation Session, or in the conduct of City’s
Franchise Ordinance enforcement and administration functions, the penalty shall
be Fifty Dollars ($50.00) per day.
(b) For failure to comply with any of the provisions of this Franchise Ordinance
after ten (10) days notice, for which a penalty is not otherwise specifically
provided, the penalty shall be Fifty Dollars ($50.00) per day.
(c) For failure to test, analyze and report on the performance of the CATV System
following a request by the City as set forth in this Franchise Ordinance and after
ten (10) days notice, the penalty shall be Fifty Dollars ($50.00) per day.
(d) For failure of Company to comply with the construction, operation or
maintenance standards thirty (30) days following notice from the City, the
penalty shall be Two Hundred Dollars ($200.00) per day.
(e) For failure to comply with all conditions of City permits to disturb streets, fix
streets, or other terms or conditions of City, the penalty shall be Fifty Dollars
($50.00) per day.
(3) Notice of Violation. In the event that the City believes that the Company has not
complied with any material term of the Franchise Ordinance, the City shall informally
discuss the matter with Company. If these discussions do not lead to resolution of the
problem, the City shall notify the Company in writing of the exact nature of such
alleged noncompliance.
(4) The Company’s Right to Cure or Respond. The Company shall have thirty (30) days
from receipt of the notice described in subsection (4) to: (a) respond to the City,
contesting the assertion of such noncompliance, or (b) cure such default, or (c) in the
event that, by the nature of such default, it cannot be cured within the thirty (30) day
period, initiate reasonable steps to remedy such default and notify the City of the steps
being taken and the projected date that they will be completed.
(5) Public Hearing. In the event that the Company fails to respond to the notice described
in subsection (3) pursuant to the procedures set forth in subsection (4), or in the event
that the alleged default is not remedied within thirty (30) days or the date projected
pursuant to (3)(c) above, if it intends to continue its investigation into the default, then
the City shall schedule a public hearing. The City shall provide the Company at least ten
(10) days prior written notice of such hearing, which specifies the time, place and
purpose of such hearing, and provide the Company the opportunity to be heard. Within
thirty (30) days of the end of such hearing, the City shall issue a written decision
regarding whether a material default of the Franchise Ordinance has been established by
clear and convincing evidence in the record.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 24
(6) Enforcement. Subject to applicable federal and state law, in the event the City, after the
hearing set forth in subsection (5), determines that the Company is in material default of
any provision of the Franchise Ordinance, the City may:
(a) Impose the penalties specified above and if prompt payment of the penalties is
not made by the company, the City may draw on the Letter of Credit.
(b) Commence an action at law for monetary damages or seek other equitable relief;
or
(c) In the case of repeated or ongoing substantial non-compliance with a material
term or terms of the Franchise Ordinance, seek to revoke the grant of the
franchise pursuant to this Franchise Ordinance in accordance with subsection (7).
(7) Revocation. Should the City seek to revoke the grant of the franchise after
following the procedures set forth in subsections (3) through (6) above, the City
shall give written notice to the Company of its intent. The notice shall set forth the
exact nature of the repeated or ongoing substantial noncompliance with a material
term or terms of the franchise. The Company shall have ninety (90) days from
such notice to object in writing and to state its reasons for such objection. In the
event the City has not received a satisfactory response from the Company, it may
then seek termination of the franchise at a public hearing before the City Council.
The City shall cause to be served upon the Company, at least thirty (30) days prior
to such public hearing, a written notice specifying the time and place of such
hearing and stating its intent to revoke the franchise.
At the designated hearing, Company shall be provided a fair opportunity
for full participation, including the right to be represented by legal counsel, to
introduce relevant evidence, to require the production of evidence, to compel the
relevant testimony of the officials, agents, employees or consultants of the City, to
compel the testimony of other persons as permitted by law, and to question
witnesses. A complete verbatim record and transcript shall be made of such
hearing.
Following the hearing, the City Council shall determine whether or not the
franchise shall be revoked. If the City Council determines that the franchise shall
be revoked, the City Council shall promptly provide Company with its decision in
writing. The Company may appeal such determination of the City Council to an
appropriate court which shall have the power to review the decision of the City
Council de novo. Company shall be entitled to such relief as the court finds
appropriate.
(8) Force Majeure. The Company shall not be held in default under, or in noncompliance
with, the provisions of the Franchise Ordinance, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults
occurred or were caused by circumstances reasonably beyond the ability of the Company
to anticipate and control. This provision includes work delays caused by waiting for
utility providers to service or monitor their utility poles to which the Company’s CATV
System is attached, as well as unavailability of materials and/or qualified labor to perform
the work necessary.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 25
Furthermore, the parties hereby agree that it is not the City’s intention to subject
the Company to penalties, fines, forfeitures or revocation of the Franchise Ordinance for
violations of the Franchise Ordinance where the violation was a good faith error that
resulted in no or minimal negative impact on the Subscribers within the Franchise Area.
Sec. 28-1-22. Renewal.
The process for renewing this franchise shall be as provided under 47 U.S.C.§ 546 and
other applicable federal and state law..
Sec. 28-1-23. Removal after termination or revocation.
(1) At the expiration of the term for which this Franchise Ordinance is granted, or upon its
revocation or termination, as provided for herein, and final determination of non-renewal,
City shall have the right to require Company to remove, at Company's expense, all or any
portion of the CATV System from all streets and public property within City. In so
removing the CATV System, Company shall refill and compact at its own expense any
excavation that shall be made by it and shall leave all streets and public property in as
good a condition as that prevailing prior to Company's removal of the CATV System, and
without affecting, altering or disturbing in any way electric telephone or other utility
cable, wires or attachments. City shall have the right to inspect and approve the condition
of such streets and public property after removal. The Letter of Credit, Bonds, Insurance,
Indemnity and Penalty provisions of the Franchise Ordinance shall remain in full force
and effect during the entire term of removal.
(2) If Company has failed to commence removal of System, or such part thereof as was
designated by City, within thirty (30) days after written notice of City's demand for
removal is given, or if Company has failed to complete such removal within one year after
written notice of City's demand for removal is given, City shall have the right to exercise
any of the following options:
(a) Declare all right, title and interest to the CATV System to be in City with all
rights of ownership including, but not limited to, the right to operate the CATV
System or to transfer the CATV System to another for operation.
(b) Declare the CATV System abandoned and cause the CATV System or such part
thereof, as City shall designate, to be removed at the expense of the Company.
The cost of said removal shall be recoverable from the Letter of Credit, Bonds,
Insurance, Indemnification and Penalties provided for in this Franchise
Ordinance, or from Company directly as liquidated damages.
Sec. 28-1-24. Expiration or revocation of franchise.
(1) Expiration; Extended Operation. Upon the expiration of a Franchise Ordinance, the City
may by resolution direct the Company to operate the Franchise Ordinance for an
extended period of not to exceed six (6) months after the date of expiration. The
Company agrees to comply with such a direction. All provisions of the Franchise
Ordinance shall continue to apply to operations during an extension period. The City
shall serve written notice at the Company's business office of intent to extend under this
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 26
Section at least thirty (30) days prior to expiration. Nothing in the foregoing affects
Company’s rights to a franchise renewal under 47 U.S.C. §546.
(2) Injunctive Relief. Pending final disposition of proceedings to revoke a Franchise
Ordinance, or during a period of extension of a Franchise Ordinance after expiration, the
City may obtain injunctive relief to obtain compliance with the provisions of the
Franchise Ordinance and maintain the continuity of service to subscribers. Such relief
shall be in addition to and not in lieu of other remedies available to the City. If the City
prevails, the costs shall be borne by Company including attorneys' fees, costs and
disbursements.
(3) Right of City to Purchase; Disposition of Facilities. Upon expiration of the terms of the
Franchise Ordinance, or upon a revocation or termination of this Franchise Ordinance, or
if renewal of this Franchise Ordinance is denied, the City shall have the right to acquire
the CATV System. Any such acquisition shall be at fair market value, determined on the
basis of the CATV System as a going concern but with no value allocated to the
Franchise Ordinance itself and shall be made pursuant to the provisions of Sections 9-725
(8) and (9) below. If the Franchise Ordinance held by Company is revoked or terminated
for cause and the City determines to acquire ownership of the CATV System or effects a
transfer of ownership of the CATV System to another person, any such acquisition or
transfer shall be at an equitable price.
(4) Restoration of Property Upon Removal. In removing its plants, structures and
equipment, the Company shall refill at its own expense, any excavation that shall be
made by it and shall leave all public ways and places in as good condition as that
prevailing prior to the Company's removal of its equipment and appliances, without
affecting the electric or telephone cables, wires or attachments. The Director of Public
Works shall inspect and approve the condition of the public ways and public places and
cables, wires, attachments and poles after removal. Liability insurance, indemnification
and the security for performance required by this Franchise Ordinance shall continue in
full force and effect during the period of removal.
The City shall have a right to all available remedies, including drawing on Company's
Letter of Credit required by Section 28-1-10 of this Franchise Ordinance, in order to enforce the
requirements of this Section.
Sec. 28-1-25. Abandonment.
Company shall not abandon the CATV System or any portion thereof without having first
given three (3) months' written notice to City. Abandonment shall not occur unless first
approved by the City after reasonable opportunity to review. Upon showing by Company of
need for abandonment and an opportunity for the City to determine other areas for the
continuity of service, the City shall evaluate any damage, claim or loss that may be applicable
as a consequence of such abandonment. In order to accomplish this, the City shall conduct a
public hearing after providing reasonable notice to all affected persons as to the date, time and
place of the hearing. Thereafter, before abandonment occurs, the City shall notify the
Company of its determination and any person, including City, entitled to damages and the
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 27
amount and basis therefore. Company shall not abandon the CATV System or any portion
thereof without compensating City for damages resulting to it from the abandonment.
Sec. 28-1-26. Unauthorized connections.
It shall be unlawful for any person to make an unauthorized connection, whether
physically, electrically, acoustically, inductively or otherwise, with any part of the franchised
CATV System within the City for the purpose of taking or receiving television signals, radio
signals, pictures, programs, sound, or any other service provided by the Company.
Sec. 28-1-27. Severability.
If any section, subsection, sentence, paragraph, term, or provision of this Franchise Ordinance
is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction
or by any state or federal regulatory authority having jurisdiction thereof, such determination
shall have no effect on the validity of any other section, subsection, sentence, paragraph, term
or provision hereof, all of which will remain in full force and effect for the term of this
Franchise Ordinance.
Sec. 28-1-28. Work performed by others.
(1) Company shall give notice to City specifying the names and addresses of any other
entity, other than Company, which performs services pursuant to this Franchise
Ordinance, provided, however, that all provisions of this Franchise Ordinance remain the
responsibility of Company.
(2) All provisions of this Franchise Ordinance shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of this Franchise Ordinance.
Sec. 28-1-29. Administration and advisory body.
(1) Administrator. The City Manager or the City Manager's designee shall be responsible for
the continuing administration of this Franchise Ordinance. The administrator may be
changed by City from time to time by written notice given to Company.
(2) Advisory Body. City may appoint an advisory body to monitor the performance of
Company in executing the provisions of this Franchise Ordinance. The advisory body
shall perform all functions required of it by the Council and applicable laws, ordinances,
rules and regulations.
(3) Delegation of Authority by City.
(a) City reserves the right to delegate and redelegate from time to time any of its
rights or obligations under this Franchise Ordinance to any body or organization.
(b) Any delegation by City shall be effective upon written notice by City or Company
of such delegation.
(c) Upon receipt of notice by Company of City's delegation, Company shall be bound
by all terms and conditions of the delegation not in conflict with this Franchise
Ordinance.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 28
(d) Any such delegation, revocation or redelegation, no matter how often made, shall
not be deemed an amendment to this Franchise Ordinance or require any consent
of Company.
Sec. 28-1-30. Time of acceptance; exhibits
(1) Company shall have thirty (30) days from the last date of adoption of this Franchise
Ordinance to accept this Franchise Ordinance in form and substance acceptable to City,
unless the time for acceptance is extended by City. If this Franchise Ordinance is not
accepted by Company in accordance with the terms of this Section, this franchise shall be
null and void and without effect.
(2) Upon acceptance of this Franchise Ordinance, Company and City shall be bound by all
the terms and conditions contained herein. This Franchise Ordinance constitutes the
entire agreement between the Company and the City and supersedes all other prior
understandings and agreements oral or written, including the prior franchise ordinance
between Company and the City, set forth at Sections 9-701 to 9-733 of the St. Louis Park
Code of Ordinances, which is hereby repealed in its entirety. Any amendments to this
Franchise Ordinance shall be mutually agreed to in writing by the parties.
(3) All of the attached exhibits are a part of this Franchise Ordinance and each is specifically
incorporated herein by reference. The exhibits are as follows:
Exhibit A: List of City and school district buildings at which Company has agreed
to provide free service.
Exhibit B: Listing of equipment for the studio facilities and the mobile van
provided for by Section 28-1-12 and Section 28-1-14.
Exhibit A
City of St. Louis Park:
City Hall
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
St. Louis Park Recreation Center
and Wolfe Park Pavilion
3700 Monterey Drive
St. Louis Park, MN 55416
Municipal Service Center
7305 Oxford Street
St. Louis Park, MN 55426
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 29
Fire Station One
3750 Wooddale Avenue
St. Louis Park, MN 55416
Fire Station Two
2262 Louisiana Avenue
St. Louis Park, MN 55426
Pavek Museum of Broadcasting
3515 Raleigh Avenue
St. Louis Park, MN 55416 [Split estimate of $7,569.00 = $3,784.50]
City Utilities Office
3752 Wooddale Ave S
St. Louis Park, MN 55416
Westwood Hills Nature Center
8300 West Franklin Avenue
St. Louis Park, MN 55426
Police Station
3015 Raleigh Avenue
St. Louis Park, MN 55416
Meadowbrook Community Police Station
4072 Meadowbrook Lane
St. Louis Park, MN 55426
Excelsior/Grand Community Police Station
4717 Park Commons Drive
St. Louis Park, MN 55416
Texatonka Community
Police Station
8038 Minnetonka Blvd
St. Louis Park, MN 55426
ISD 283:
Lenox Community Center
6715 Minnetonka Blvd.
St. Louis Park, MN 55426
Eliot School Building
6800 Cedar Lake Road
St. Louis Park, MN 55426
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 30
Aquila Primary Center
8500 West 31st Street
St. Louis Park, MN 55426
Peter Hobart Primary Center
6500 West 26th Street
St. Louis Park, MN 55416
Susan Lindgren Intermediate Center
4801 West 41st Street
St. Louis Park, MN 55416
Cedar Manor Intermediate Center
9400 Cedar Lake Road
St. Louis Park, MN 55426
St. Louis Park Jr. High School
2025 Texas Avenue South
St. Louis Park, MN 55426
St. Louis Park Sr. High School
6425 West 33rd Street
St. Louis Park, MN 55416
District Maintenance Shop
6400 Walker Street
St. Louis Park, MN 55416
Cable TV connection to Non-Public Schools is by arrangement between the system operator
and each school.
Certain school buildings are currently being provided service through school-owned transmission
facilities. The City agrees that free service to such schools shall be contingent upon continued
availability of such school-owned transmission facilities or some other mutually acceptable
arrangement.
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 31
Exhibit B
St. Louis Park Inventory STUDIO
QUANTITY ITEM M/N S/N
2 Sony Cameras DXC-1820 10208
13690
2 Sony Viewfinders DXF-40 14354
14353
2 Canon 1820 Lenses VCL1012SY 13336
16115
2 Sony ENG Viewfinders DXF-1820 10192
14156
2 Canon Rear Focus Controls (1820)
2 Canon Focus Cables
2 Remote Control Zooms (1820)
2 Sony 25m Camera Cables
1 JVC 20m Camera Cable
1 Miller Tripod/Head/Dolly 705 51376
2 Gitzo Camera Tripods G515
2 Bogen Tripod Head 3066
2 Bogen Tripod Dolly 3067
2 Berkey Colortron Fresnel Lights LQV-10
3 Smith-Victor Broad Lights 750
2 Sony Lavalier Microphones ECM-44B 215677
200153
1 Sony Lavalier Microphone ECM-30 22305
2 Sony Lavalier Microphones ECM-50PS 40619
1 Panasonic Monitor 1920 UG4327812
2 Easels for Camera Cards
4 Lear/R-Columbia Intercom Headset RC-75/B
3 Lear/R-Columbia Intercom Station RC501
1 Clearcom Intercom Station 501 A076955
1 Lear/R-Columbia Power Station MS/PW5
1 Realistic Speaker
1 Kodak Slide Projector
St. Louis Park Inventory CONTROL ROOM
QUANT. ITEM M/N S/N
2 Winstead Racks on Caster Frames
2 Emcor 72" Racks
1 Panasonic Production Switcher WJ5500B 33A00330
1 Tektronix Waveform Monitor 528 B227567
1 Alta Timebase Corrector Cygnus HHC976
1 Amiga Computer A-2000 HK0022936
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Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
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1 Amiga Computer Keyboard KKQ-E944C MT9207
1 Amiga Mouse Pad
1 Amiga Mouse B27000271
1 Super Gen-Amiga Genlock SG-10 3JSG0299177
1 Amiga Workbench Program
1 Deluxe Paint II Program
1 TV TEXT Program
1 JMH EASY TITLER Program
1 Video & Audio Patch Bay 2x26
21 Video & Audio Patch Cords
1 Furio Wall Clock
1 Shure Audio Mixer M267
1 Panasonic Audio Mixer WR450
3 Panasonic B&W 5" Monitors WV-5200BU 18Z02384
18Z02385
18Z02386
3 SEC Electronics 5" Monitors CH917 605619
605591
807550
1 Toshiba TV-Monitor CF2044J 83482612
2 Sony Camera Power Supplies CMA-8 12555
12556
1 Sony Trinitron 8" PVM-8200T 011441
1 Panasonic B&W 8” Monitor TR-930B KD9531020
1 JVC Remote Control Unit RMP200 15551091
2 Sony Camera Control Units CCU-1820 10322
10743
1 TEAC Audio Cassette Recorder CX-311 1203103
1 JVC VHS VCR BR-6400N 8915804
1 Panasonic SVHS VCP AG-7150K G2TC00224
1 Panasonic SVHS VCP AG-7150K G2TC00214
1 Sony U-matic VCP VP-7020 15149
1 Sony U-matic VCP VP-7000 17617
1 Microtime TBC T120 TXP8500N
2 Sony Trinitron Color Monitors PVM8200 503478
503594
2 Sony 3/4" VCR 5850 17320
72958
1 Sony Edit Controller RMM-440 17495
2 Multi-pin Cables for above
1 Gralab Darkroom Timer
1 Realistic Speaker 10"
1 9 Outlet Power Strip
1 6 Outlet Power Strip
2 13 Outlet Power Strip
1 16 Outlet Power Strip
1 15 Outlet Power Strip
1 Texscan/MSI Playback System SG4BRM 306
1 Texscan/MSI Charactor Generator SG4
1 Sigma Video Distribution Amp VDA100A 5830018
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Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 33
1 ISS Video Demodulator GL-1000A
1 Logic Relay Board
1 Sony Color Monitor/receiver 12" CVM1250 505835
1 Texscan Keyboard SG-4 103
1 Gray Metal Rack
St. Louis Park Inventory PRODUCTION VAN
QUANT. ITEM M/N S/N
3 Emcor Racks
1 ECHOlab Special Effects Generator DV-7 7577
1 Canopus Digital Video Converter ADVC-500 709748
1 Videonics Firestore FS-1 3484
5 LaCie External Hard Drives 300699U 0869404300584C
0869404300556C
0869402250014C
0869404300544C
0869404300552C
1 Sigma Color Bars Generator CBG-100A
1 Sigma Black Burst Generator BSG-100A
2 Sigma Video Distribution Amp. VDA-100A
1 Panasonic Video Switcher WJ-220R 28200053
4 Panasonic Color Cameras WV-F200CLE 88AO9513
9501
9520
9514
4 Panasonic Camera Control Units WV-RC-36 47R00110
88R00293
301
305
4 Panasonic Studio Viewfinder WV-VF65B 89I51160
89I51210
8XI51548
72I52957
2 Panasonic ENG Viewfinder WV-VF38 85Z00203
WV-VF38A 9ZZ00406V
2 Panasonic Camera Case
2 Portabrace Softsided camera case
4 Canon Manual Focus Control NA NA
4 Canon Servo Zoom Control WV-LK35 NA
11 Panasonic Camera Cable-100 ft 32A-100
4 Panasonic Camera Cable-50 ft 32A-50
6 Panasonic Camera Cable-20 ft 32A-20
1 Sony U-matic VCR VO-5800 20563
1 Sony VTR Remote Control Unit RM-500 23203
2 Panasonic SVHS VCR AG-7300 B1TH00425
C8TB00047
1 Sony Color Monitor (announcer) PVM-8040 2014440
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Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
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2 JVC Color Monitors TM-A9UCV/A 17400866
17400859
3 Panasonic 5” B&W Monitors WV-5200BU 96I01504
503
502
3 Panasonic 5" B&W Monitors WV-BM500U 61W15954
955
956
1 JVC 9” Color Monitor TM-R9U 6304796
1 Panasonic 13" Color Monitor CT-1384VY MB42080329
1 Tektronix Waveform/Vector Monitor 1740 B025642
1 Soundcraft 12 Ch. 4 Bus Mixer Sprint SX RW5347006586
1 Telex Mastercontrol Station MS-2002 10386
1 Telex Headset PH1 64438-005
1 David Clark Headset H3390 16985G-04
3 Telex Headsets PH81 64438-004
1 Light Kit
1 Lowell Barn Door Frame
1 Lowell Quartz Spot-Flood
2 Lowell Light Stands
2 Barn Door Frames/Smith-Victor
2 Smith-Victor Flood/Spot Lights 720
1 Smith-Victor Plate Stands SA48 401234
1 Audio Kit Case
1 Gitzo Tripod
1 ITE Tripod Head H-40
1 Miller Dolly
2 ITE Dollies D-40
1 Sennheiser EW100 Receiver EK100 130814
1 Sennheiser EW100 Transmitter EK100 103418
3 Miller Tripod Head 157 D70542
D70775
D70777
3 Miller Tripod 1307 TG0196
TG0425
TG0427
3 Shure Desk Top Mic Stands
1 6 Outlet AC Power Strips
2 50' Blue Grounded AC Cords
1 100’ Orange Grounded AC Cord
1 100’ Yellow AC Cord
1 50’ Orange AC Cord
5 100' XLR Audio Cables
3 50' XLR Audio Cables
2 20' XLR Audio Cable
1 Pro Co Roadmaster 200' 6x2 Audio Snake HE-123565
2 Panasonic Monitors TR-930 Kn2141658
1657
1 For A Time Base Corrector FA-310 3245917
2 Beyerdynamics Announcer Headsets DT 290 15061
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 35
4807
1 Videophonics Character Generator PS-10005 300159
2 EV Lavalier Microphones C090 Lo-Z 9342
1 EV Handheld Mic 635A
3 Long RF Cables
1 Panasonic AC Adapter/Charger WV-PS31 96I51111
1 Panasonic Condenser Shotgun Mic WV-MC35
2 Ultimate Floor Mic Stands
1 Telex Vac Box IC1
1 Portable Table
1 Case (for announcer equipment)
1 Announcer Module
2 Stools
1 Plastic Box (for zoom and focus arms)
Section 2. Effective Date. This Ordinance shall be effective fifteen (15) days after its
passage and publication and after acceptance by the Company pursuant to Section 28-1-30.
ADOPTED this 3rd day of January, 2006, by the City Council of the City of St. Louis
Park.
CITY OF ST. LOUIS PARK
By:___________________________
Jeffrey W. Jacobs, Mayor
ATTEST:
_______________________________
Nancy Stroth, City Clerk
APPROVED AS TO FORM:
________________________________
City Attorney
ACCEPTED: This Franchise Ordinance is accepted, and we agree to be bound by its terms and
conditions.
TIME WARNER CABLE, INC.
Date:___, ________ 2006 By: _________________________
Its: ___________________
SWORN TO BEFORE ME this
______ day of _____________, 2006.
______________________________
NOTARY PUBLIC
St. Louis Park Council Meeting
Item: 010306 - 8d - 2 Rdg Time Warner Franchise Renewal Ord.
Page 36
SUMMARY
ORDINANCE NO. 2309-06
AN ORDINANCE AMENDING CHAPTER 28
OF THE ST. LOUIS PARK CODE OF ORDINANCES
RELATING TO TELECOMMUNICATIONS,
ENACTING A CABLE TELEVISION FRANCHISE ORDINANCE
This ordinance states that Chapter 28 of the Ordinance Code relating to Telecommunications
shall be amended relative to enacting a Cable Television Franchise renewal ordinance by adding
Article I. Time Warner/Comcast Cable Franchise, Sections 28-1-1 to 28-1-30.
The ordinance grants a franchise to Time Warner for 15 years. In a separate proceeding, the
Council has approved the proposed transfer of the franchise from Time Warner to Comcast. The
terms and conditions of the proposed franchise include financial payments by the franchisee to
the City to help provide public, educational and government programming. Other provisions
include arrangements for a local studio, an office in the area, equipment drop-off and payment
boxes within the City, and insurance and security requirements. A staff report providing a more
detailed description of the business terms of the franchise is available at City Hall or upon
request to City staff (952-924-2517).
The ordinance shall take effect 15 days after publication.
Adopted by the City Council January 3, 2006
Jeffrey W. Jacobs /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Publish: January 12, 2006