HomeMy WebLinkAbout2019/08/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA
AUG. 19, 2019
6:30 p.m. CITY COUNCIL MEETING – Council chambers
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. Westwood Hills Nature Center Junior Naturalist Recognition
2b. Minnesota Recreation and Park Association Award of Excellence Presentation
2c. Recognition of donations
3.Approval of minutes
3a. Study session minutes of July 22, 2019
4.Approval of agenda and items on consent calendar
NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no
discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a
member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The
items for the Consent Calendar are listed on the last page of the Agenda.
Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent
Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items
from the agenda, or move items from Consent Calendar to regular agenda for discussion.)
5.Boards and Commissions
5a. Appointment of youth and regular representatives to boards and commissions
Recommended action: Motion to appoint youth and regular representatives to the boards
and commissions as listed in exhibit A.
6.Public hearings
6a. First reading of ordinance vacating portions of drainage and utility easements at 2631 and
2635 Xylon Ave S
Recommended action: Mayor to open the public hearing, take testimony, and then close the
public hearing. Motion to approve the first reading of Ordinance vacating portions of drainage
and utility easements and set the second reading of an ordinance for September 3, 2019.
6b. First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Recommended action: Mayor to open the public hearing, take testimony, and then close the
public hearing. Motion to approve first reading of an ordinance vacating a portion of a utility
easement and set the second reading of ordinance for September 3, 2019.
6c. First reading interim ordinance extending moratorium on use and development of 3745
Louisiana Ave. S.
Recommended action: Mayor to open the public hearing, accept testimony, and close the
public hearing. Motion to approve first reading of an interim ordinance extending the
moratorium temporarily restricting development at 3745 Louisiana Avenue South, St. Louis
Park (“Subject Property”) and set the second reading for August 26, 2019 at a city council
special meeting.
Meeting of Aug. 19, 2019
City council agenda
7.Requests, petitions, and communications from the public – None
8.Resolutions, ordinances, motions and discussion items
8a. Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road
Recommended action: Motion to adopt Resolution authorizing removal of parking
restrictions on the north side of the County Road 25 Service Road west of Glenhurst
Avenue (by rescinding Resolution 91-203 item 1).
8b. Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th
Street (Petition)
Recommended action: Motion to adopt Resolution authorizing installation of all-way stop
controls on Zarthan Avenue and 29th Street.
9. Communications – None
Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call
the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting.
Meeting of Aug. 19, 2019
City council agenda
Consent calendar
4a. Approve second reading of and Adopt Ordinance amending the zoning map under Chapter 36
and directing staff to publish the revised official zoning map.
4b. Approve an extension until August 15, 2020 for Melrose Company to record the final plat for
Arlington Row Apartment East and Arlington Row Apartment West.
4c. Approve the Living Streets Policy.
4d. Approve entering into a Small Wireless Facility Collocation Agreement with Verizon.
4e. Adopt Resolution approving acceptance of the following donations:
• American Legion Post 282 donated $3,300 for purchasing fire equipment
• Girl Scouts of Minnesota donated $50.00 for purchasing fire equipment
4f. Adopt Resolution authorizing removal of timed parking restrictions on Lake Street from Dakota
Avenue/ Wooddale Avenue to Library Lane (by rescinding Resolution 4834) and the permit
parking restrictions on the Lake Street municipal parking lot (by modifying Resolution 88-106).
4g. Adopt Resolution authorizing the removal of parking restrictions on the north side of Walker
Street west of Republic Avenue as well as outdated non-existent restrictions (by rescinding
Resolution 7039, Items 3e and 4).
Meeting: City council
Meeting date: August 19, 2019
Presentation: 2a
Executive summary
Title: Westwood Hills Nature Center Junior Naturalist Recognition
Recommended action: The mayor is asked to recognize and thank the junior naturalists for
their service this summer. Westwood Hills Nature Center activity specialist Rachel Mattson,
along with naturalist Becky McConnell, will be in attendance to assist with the presentation.
Policy consideration: Not applicable
Summary: There are 63 youth volunteers involved in the junior naturalist program. This
summer, they have volunteered over 1,600 hours. Several of these volunteers have been
involved for seven years and the program has been part of Westwood Hills Nature Center for 28
years. Junior naturalists are students entering 7th grade through those just completing their
senior year of high school. They are interested in serving their community while gaining
knowledge and experience in the outdoors.
There are five areas that they can be involved in:
Animal care: Junior naturalists feed, care for, handle, and educate the public about
Westwood’s display and programming animals.
Program aide: Junior naturalists assist staff members with supervising and running
Westwood’s various summer camps and children’s programs.
Wild hikes: Junior naturalists hike Westwood’s trails, identify various organisms and
learn alongside a staff naturalist. They then apply their knowledge to other project
areas.
Behind the scenes: Junior naturalists maintain Westwood’s birdfeeders and complete
various small projects around the center.
Water Garden: Junior naturalists maintain and monitor Westwood’s water garden for
public use.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: None
Prepared by: Stacy Voelker, Senior Office Assistant
Becky McConnell, Westwood Hills Nature Center Naturalist
Reviewed by: Mark Oestreich, Westwood Hills Nature Center Manager
Cynthia S. Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: August 19, 2019
Presentation: 2b
Executive summary
Title: Minnesota Recreation and Park Association Award of Excellence Presentation
Recommended action: The Minnesota Recreation and Park Association Representative, Alyssa
Fram, will be in attendance to present the City of St. Louis Park with the Award of Excellence for
the Be The Light Winter Solstice Event at Westwood Hills Nature Center.
Policy consideration: Not applicable.
Summary: Every year, the Minnesota Recreation and Park Association (MRPA) recognizes
agencies or organizations in Minnesota that set a standard of excellence in the field of
recreation, parks and leisure services. This past year there were 28 award applications received
for the award of excellence in the programming and events category. The City of St. Louis Park
was selected to receive the Award of Excellence for the Be The Light Winter Solstice Event at
Westwood Hills Nature Center. The event was developed to bring awareness to mental health
issues, provide resources for mental health, build community, and capitalize on the therapeutic
value of spending time outdoors. The event was held on Friday, December 21, 2018 (on the
shortest day of the year). This event was very successful with over 200 people participating.
Staff plans to hold this as an annual event.
Financial or budget considerations: None at this time.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: None
Prepared by: Mark Oestreich, Manager of Westwood Hills Nature Center
Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: August 19, 2019
Presentation: 2c
Executive summary
Title: Recognition of donations
Recommended action: Mayor to announce and express thanks and appreciation for the
following donations being accepted at the meeting and listed on the consent agenda:
From Donation For
American Legion Post 282 $3,300 Purchase of fire department equipment
Girl Scouts of Minnesota $50 Purchase of fire department equipment
Strategic priority consideration: Not applicable.
Supporting documents: None
Prepared by: Debbie Fischer, Administrative Services Office Assistant
Approved by: Tom Harmening, City Manager
Meeting: City council
Meeting date: August 19, 2019
Minutes: 3a
Unofficial minutes
Study session
St. Louis Park, Minnesota
July 22, 2019
The meeting convened at 6:40 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Anne Mavity, Thom
Miller, and Margaret Rog.
Councilmembers absent: Steve Hallfin
Staff present: City Manager (Mr. Harmening), Police Chief Harcey, Fire Chief Koering, Deputy
Fire Chief Wolff, CFO (Mr. Simon), Operations and Recreation Director (Ms. Walsh), Public
Works Superintendent (Mr. Hanson), Deputy City Manager/Human Resources Director (Ms.
Deno), and Recording Secretary (Ms. Pappas).
Guests: David Zoll, consultant.
1. Future study session agenda planning – August, 2019
Councilmember Miller proposed revisiting housing setback, FRA, and how to create and retain
more affordable housing in the city.
Councilmember Rog stated she would like to add into this conversation some concerns she has
heard from residents related to very large homes being built next to very small homes.
Councilmember Mavity agreed and asked staff to prepare background materials for the council
for briefing prior to this discussion, so as to understand all aspects.
Mayor Spano stated this feels very small bowl and he would prefer to discuss larger bowl items
related to housing.
Councilmember Rog noted the council just spent a very long time reviewing C1 requirements,
which is a very small portion of the city’s commercial areas and from her perspective, the issue
of tear downs should be discussed.
2. Reilly site amended consent decree update
Ms. Walsh presented the report and asked if the council is in agreement on moving forward
with the amended consent decree.
Mr. Hanson noted the changes in the report and Mr. Zoll, legal counsel, provided updates on
the process for amending the consent decree and next steps for approval.
City council meeting of August 19, 2019 (Item No. 3a) Page 2
Title: Study session minutes of July 22, 2019
Councilmember Harris asked about the 30-day comment period and what timeframe that
involved. Ms. Walsh stated the public listening session was held in October 2018. The meeting
was recorded and might be used as communication to refer the public back to the information,
rather than have another listening session.
Councilmember Harris asked from a financial perspective if the consent decree changes will
fulfill city goals. Mr. Hanson stated yes, there is a potential long-term savings by reducing pump
and dump.
Councilmember Miller asked for the quantitative savings on this project per year. Mr. Hanson
stated it will be approximately $60,000 per year and will increase over time.
It was the consensus of the council to support the amended consent decree and to also have
the information communicated to the public.
3. 2020 budget – public safety overview
Police Chief Harcey and Fire Chief Koering, along with Deputy Fire Chief Wolff, presented their
respective reports to the council as it relates to 2020 budget, along with an overview of
department programs, operations, and future considerations.
Councilmember Rog thanked them all for the wonderful work they do in the community. She asked
Chief Harcey what the average change to the police budget has been over the past five years. Chief
Harcey indicated 6.7% but noted the city also has received revenues for some of the new officer
hiring, which offsets the first couple of years of salaries.
Councilmember Rog noted the increase in spending for police seems to be higher than in other
departments and asked what have residents received increases in, considering this.
Chief Harcey stated the city community policing program and service is far beyond traditional
police response. He added it involves working on reducing the number of weekly calls and is a
problem-solving approach to target and address ongoing issues.
Councilmember Rog asked if the police had data on this. Chief Harcey stated yes, as it relates to
specific crimes. He added calls for service are requiring that more be done by policy, and higher-
quality service is being given.
Councilmember Harris stated she did a ride along with the police recently, which was very
informative, and she encouraged other councilmembers to also do this. She stated the police
provide compassion and she did see the ripple effects of increased service, beyond responding to
emergency calls. She asked what the impetus has been for the added service from police.
Chief Harcey stated 23 years ago, the city switched from traditional policing to looking deeper and
really solving problems. He added this has been a great fit for the police department and with city
functions. He stated this has been a cultural change and the expectation now is that all officers
provide all services to all.
City council meeting of August 19, 2019 (Item No. 3a) Page 3
Title: Study session minutes of July 22, 2019
Councilmember Harris asked about the implications to a typical household in St. Louis Park with a
levy increase, in light of what the police department is asking for in their budget for 2020. Mr.
Simon stated it would be an increase of 5.6% for fire and 5.9% for police, per household. Mr.
Harmening reminded the council that he and staff are still reviewing all department budget
requests, and nothing has been finalized for recommendation to the council yet.
Councilmember Mavity asked about healthcare cost increases. Ms. Deno stated those costs have
already been built into the salaries and budget requests.
Councilmember Brausen noted the police organization chart, with 13 officers on the investigations
side. He asked if this includes solving crimes and prosecutions. Chief Harcey stated yes.
Councilmember Brausen asked for Chief Harcey’s opinion of the efficacy of the DARE officer.
Councilmember Mavity stated the DARE program has been proven not to work.
Mayor Spano asked about full-time service and why that is not a priority for the city moving
forward. Chief Koering stated there are fewer folks volunteering to be part of the non-career
workforce, and with changes in demand for this job, the model is not as effective any longer. He
noted it is harder and harder to think about how to sustain the part-time firefighter, and also if this
is the best way to spend money. He stated they continue to review this model. Chief Koering added
if St. Louis Park would like to go back to the full-time model, it would require the legislature to
make a change, adding the fire program sees healthcare management as its main business going
forward.
Councilmember Mavity asked Chief Harcey about constrained resources and if this is a problem
with the force and how it’s being addressed.
Chief Harcey stated they have seen an increase in calls since 2013, and a combination of this along
with the increase in the amount of leave police officers are now allowed to take, including PTSD
leave, and retirements, has driven down their ability to be as responsive as they would like to be.
He added there is a lag time in new hires getting up to speed and they are trying to address this
issue.
Chief Harcey added they do have public safety officers helping and supervision of the dispatchers
will also address the issue.
Councilmember Mavity asked about data tracking of race and if it might be best to work toward a
statewide standard, so all police departments are tracking in the same way, and have a system
implemented to help with this.
Chief Harcey stated the system St. Louis Park police will use is being built from the ground up and
will use different benchmarks and best practices. He added the department is partnering with
Edina on this work and creating a process, while also sharing the costs of the same consultant.
Councilmember Rog asked why officers continue to be hired for SWLRT, when the project won’t be
completed for another three years. She also asked why there are five officers working on the DARE
program, when DARE has been proven to be ineffective.
City council meeting of August 19, 2019 (Item No. 3a) Page 4
Title: Study session minutes of July 22, 2019
Chief Harcey stated of the four school officers they have, only one does DARE work in the
elementary schools.
The council thanked the chiefs for their reports and the work they do for the city. Further
information will be forthcoming related to finalized budget requests from both departments.
Communications/meeting check-in (verbal)
Mr. Harmening noted it is time for a city council mid-year check-in meeting, which will be
scheduled in the near future.
The meeting adjourned at 9:10 p.m.
Written Reports provided and documented for recording purposes only:
4. June 2019 monthly financial report
5. Second quarter investment report (April – June 2019)
6. Housing Authority (HA) Board 2019 annual work plan
7. Food security and access study update
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4a
Executive summary
Title: Comprehensive plan related zoning map amendments
Recommended action: Motion to approve second reading of and Adopt Ordinance amending
the zoning map under Chapter 36 and directing staff to publish the revised official zoning map.
(A comprehensive rezoning requires 5 affirmative votes from the city council.)
Policy consideration: Does council support the proposed zoning changes based on the land use
guidance in the St. Louis Park 2040 comprehensive plan?
Summary: The city council adopted the St. Louis Park 2040 comprehensive plan on August 5,
2019. Land use changes in the plan result in a number of parcels throughout the city having a
mismatch between the new land use guidance and the existing zoning district. The city must
bring the zoning into substantial conformance with the plan within nine months.
Due to the number of parcels (72) and size of the areas proposed to be rezoned, the city is
following the procedures for a comprehensive rezoning of all the parcels at once. The
procedures are somewhat different than smaller zoning map amendments. A comprehensive
rezoning requires 5 affirmative votes from the city council.
Staff held an open house on the proposed comprehensive rezoning on May 8, 2019. Notices
were mailed to all properties to be rezoned, plus all property owners within 350 feet of those
parcels. Social media and emails were also used. Ten community members attended, and no
one in attendance objected to the proposed changes.
Planning commission held the public hearing on June 19, 2019. Owners of four properties spoke
at the hearing, and two of the owners objected to the changes to their respective parcels.
Planning commissioners unanimously recommended approval of the zoning map amendments.
The city council unanimously approved the first reading of the ordinance on August 5, 2019,
without any amendments.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Discussion
Ordinance (including an attached list of parcels)
Comprehensive plan related zoning map amendments index map
Area maps showing existing and proposed zoning for each area
Prepared by: Sean Walther, Planning and Zoning Supervisor
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4a) Page 2
Title: Comprehensive plan related zoning map amendments
Discussion
Background: The 2040 comprehensive plan sets out goals, strategies and direction to carry out
the city’s vision for its future. It includes specific plan sections on land use, housing, mobility,
parks, water resources, racial equity, climate and energy, community health and other
elements required by state law. The planning commission made formal recommendations to
city council on December 5, 2018, and council authorized submittal of the plan to the
Metropolitan Council for review on December 17, 2018. The Metropolitan Council authorized
the St. Louis Park 2040 comprehensive plan on July 10, 2019. City adoption of the
comprehensive plan is on the agenda this evening. Land use changes in the plan result in a
number of parcels throughout the city having a mismatch between the new land use guidance
and the existing zoning district. The city must bring the zoning into substantial conformance
with the plan within nine months, as required by Met Council.
Proposed zoning changes: There are 72 parcels located in 12 different areas of the city that are
proposed to be rezoned through this comprehensive rezoning process. Attached to the report is
a citywide zoning map showing the proposed zoning and providing an index of the 12 areas.
Also attached are additional illustrations showing the twelve areas in more detail and
comparing side by side the existing and proposed zoning. Parcels to be rezoned have the lot
lines shown in thick black lines, compared to the thinner grey lot lines of all other parcels. The
zoning of the parcels that are changing are also labeled in the more detailed illustrations.
Due to the number of parcels (72) and size of the areas proposed to be rezoned, the city is
following the procedures for a comprehensive rezoning of all the parcels at once. The
procedures are somewhat different than smaller zoning map amendments. A comprehensive
rezoning requires 5 affirmative votes from the city council.
Transit oriented development (TOD) land use category: The St. Louis Park 2040 comprehensive
plan created a new land use category called transit-oriented development (TOD). The goal of
this designation is to facilitate pedestrian-scale development within a 10-minute walk of future
Southwest Light Rail (SWLRT) stations. This land use allows a mix of commercial, office,
residential, civic and park/open space uses. The focus of the designation is on block sizes, lot
sizes, and building forms that create a pedestrian-rich environment, rather than a specific mix
of uses.
In order to meet all the goals of this new land use designation, it is expected that new zoning
district(s) will need to be created in the future. City staff anticipate a form-based code will be
utilized around the SWLRT stations. However, in the interim, staff recommends rezoning these
parcels to one of the city’s present zoning categories in order to more closely match the mix of
uses desired in these areas and that are more closely tied to the TOD land use designation.
These TOD guided parcels are located in areas 7 through 11 as shown in the attached maps.
Staff anticipates reintroducing the form-based code to planning commission in the third or
fourth quarter of 2019.
Public input: Staff held an open house on the proposed comprehensive rezoning on May 8,
2019. Notices were mailed to all properties to be rezoned, plus all property owners within 350
feet of those parcels. Social media and emails were also used. Ten community members
attended, and no one in attendance objected to the proposed changes.
City council meeting of August 19, 2019 (Item No. 4a) Page 3
Title: Comprehensive plan related zoning map amendments
Planning commission held a public hearing on June 19, 2019. Owners of four properties spoke
at the hearing, and two of them objected to the changes for their parcels. Following discussion
summarized in the attached draft of the meeting minutes, the planning commission
unanimously recommended approval of the zoning map amendments as proposed.
Next steps: city staff will publish the revised official zoning map in the official newspaper legal
notices.
City council meeting of August 19, 2019 (Item No. 4a) Page 4
Title: Comprehensive plan related zoning map amendments
Ordinance No. ___-19
Ordinance amending the St. Louis Park official zoning map
The City of St. Louis Park does ordain:
Section 1. The city council has considered the advice and recommendation of the planning
commission (Case No. 19-09-Z).
Section 2. The St. Louis Park official zoning map is hereby amended by changing the
zoning district boundaries to reclassify 72 parcels as indicated in the attached list.
Section 3. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
First Reading August 5, 2019
Second Reading August 19, 2019
Date of Publication August 29, 2019
Date Ordinance takes effect September 13, 2019
City council meeting of August 19, 2019 (Item No. 4a) Page 5
Title: Comprehensive plan related zoning map amendments
Table 1: Proposed list of parcels to be rezoned
PID Address Current Zoning Proposed Zoning
0511721310032 7407 Wayzata Blvd. C-2 General Commercial O Office
0511721310033 7415 Wayzata Blvd. C-2 General Commercial O Office
0511721310094 7525 Wayzata Blvd. C-2 General Commercial O Office
0511721310096 7515 Wayzata Blvd. C-2 General Commercial O Office
0511721320005 7841 Wayzata Blvd. C-1 Neighborhood Commercial O Office
0511721320006 7855 Wayzata Blvd. C-1 Neighborhood Commercial O Office
0511721320051 7601 Wayzata Blvd. C-2 General Commercial O Office
0411721320031 1345 Colorado Ave. S C-2 General Commercial O Office
0411721320033 6112 14th St. W C-2 General Commercial O Office
0411721320047 6311 Wayzata Blvd. C-2 General Commercial O Office
0411721320048 1343 Dakota Ave. S C-2 General Commercial O Office
0411721320049 1342 Colorado Ave. S C-2 General Commercial O Office
0411721320050 1336 Colorado Ave. S C-2 General Commercial O Office
0411721320051 1332 Colorado Ave. S C-2 General Commercial O Office
0411721320052 6301 Wayzata Blvd. C-2 General Commercial O Office
0411721320071 6009 Wayzata Blvd. C-2 General Commercial O Office
0411721320086 1341 Colorado Ave. S C-2 General Commercial O Office
0411721320087 1341 Colorado Ave. S C-2 General Commercial O Office
0411721320184 1405 Colorado Ave. S C-2 General Commercial O Office
0511721410002 6415 Wayzata Blvd. C-2 General Commercial O Office
0511721410022 6465 Wayzata Blvd. C-2 General Commercial O Office
0511721410023 6445 Wayzata Blvd. C-2 General Commercial O Office
0511721410024 6401 Wayzata Blvd. C-2 General Commercial O Office
0511721410025 6401 1/2 Wayzata Blvd. C-2 General Commercial O Office
3102924220001 1700 Highway 100 S I-P Industrial Park BP Business Park
3102924220002 5120 Cedar Lake Road I-P Industrial Park BP Business Park
3102924220029 5305 Parkdale Drive I-P Industrial Park BP Business Park
0811721130041 7101 Cedar Lake Road C-2 General Commercial M-X Mixed Use
0811721240008 7239 Cedar Lake Road C-2 General Commercial M-X Mixed Use
0811721420192 2645 Louisiana Ave. S C-1 Neighborhood Commercial M-X Mixed Use
0811721420195 2633 Louisiana Ave. S C-1 Neighborhood Commercial M-X Mixed Use
0811721420196 2629 Louisiana Ave. S C-1 Neighborhood Commercial M-X Mixed Use
0811721420197 2625 Louisiana Ave. S C-1 Neighborhood Commercial M-X Mixed Use
0811721420198 2641 Louisiana Ave. S C-1 Neighborhood Commercial M-X Mixed Use
0711721440029 8000 Minnetonka Blvd. C-2 General Commercial M-X Mixed Use
0711721330055 2815 Jordan Ave. S R-1 Single Family Residential POS Parks Open Space
0711721330054 2801 Jordan Ave. S R-1 Single Family Residential POS Parks Open Space
0711721310080 9019 Cedar Lake Road R-1 Single Family Residential POS Parks Open Space
0602824140099 3200 France Ave. S I-P Industrial Park R-4 Multiple-Family
Residence
0602824110089 3059 Joppa Ave. S I-G General Industrial BP Business Park
0602824120035 4405 Highway 7 I-G General Industrial BP Business Park
0602824120036 3113 Lynn Ave. S I-G General Industrial BP Business Park
0602824120037 3119 Lynn Ave. S I-G General Industrial BP Business Park
City council meeting of August 19, 2019 (Item No. 4a) Page 6
Title: Comprehensive plan related zoning map amendments
PID Address Current Zoning Proposed Zoning
0602824120103 4521 Highway 7 I-G General Industrial BP Business Park
0602824120105 3200 Lynn Ave. S I-G General Industrial BP Business Park
0602824120178 4301 Highway 7 I-G General Industrial BP Business Park
0602824240031 4600 Park Glen Road I-P Industrial Park M-X Mixed Use
0602824240032 4700 Park Glen Road BP Business Park M-X Mixed Use
0602824310015 3440 Beltline Blvd. BP Business Park M-X Mixed Use
0602824310021 3510 Beltline Blvd. BP Business Park M-X Mixed Use
1611721310063 5708 35th St. W I-P Industrial Park R-C High-Density
Multiple-Family
Residence
1611721310064 5720 35th St. W I-P Industrial Park R-C High-Density
Multiple-Family
Residence
1611721310076 3548 Xenwood Ave. S I-P Industrial Park R-C High-Density
Multiple-Family
Residence
1611721340038 5724 36th St. W I-P Industrial Park M-X Mixed Use
1611721340040 5708 36th St. W I-P Industrial Park M-X Mixed Use
1611721340046 5727 36th St. W I-P Industrial Park M-X Mixed Use
1611721340068 5802 36th St. W C-2 General Commercial M-X Mixed Use
1611721340071 5718 36th St. W I-P Industrial Park M-X Mixed Use
1611721340072 5701 36th St. W I-P Industrial Park M-X Mixed Use
1611721340077 5721 36th St. W I-P Industrial Park M-X Mixed Use
1711721440035 3725 Monitor St. C-2 General Commercial BP Business Park
2011721110004 6610 Oxford St. I-G General Industrial BP Business Park
2011721110008 6525 Oxford St. I-G General Industrial BP Business Park
2011721110009 3830 Edgewood Ave. S I-G General Industrial BP Business Park
2011721110036 6530 Cambridge St. I-G General Industrial BP Business Park
2011721110037 6725 Oxford St. I-G General Industrial BP Business Park
2011721110039 6606 Oxford St. I-G General Industrial BP Business Park
2011721110040 6600 Oxford St. I-G General Industrial BP Business Park
2011721110044 6521 Cambridge St. I-G General Industrial BP Business Park
2011721120004 6830 Oxford St. I-G General Industrial BP Business Park
2011721120035 6850 Oxford St. I-G General Industrial BP Business Park
2111721320004 4052 Alabama Ave. S C-2 General Commercial R-2 Single Family
Residential
City council meeting of August 19, 2019 (Item No. 4a)
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City council meeting of August 19, 2019 (Item No. 4a)
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Title: Comprehensive plan related zoning map amendments Page 11
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4b
Executive summary
Title: Arlington Row Apartments East and Arlington Row Apartments West plat extensions
Recommended action: Motion to approve an extension until August 15, 2020 for Melrose
Company to record the final plat for Arlington Row Apartment East and Arlington Row
Apartment West.
Policy consideration: Does the council wish to allow Melrose Company an additional year to
record the final plat for Arlington Row East and Arlington Row West?
Summary: Per the city code, Melrose Company was required to record the final plat within two
years after city council approval or request that the city council approve an extension. On
August 15, 2018, Arlington Row East and West received an extension to record the final plat by
August 15, 2019. The city received a written request from Melrose Company for an extension
on both plats again.
The project is not ready to proceed at this time, however the developer plans to move forward
within the next year. Staff recommends approval of a one year extension to file the plat by
August 15, 2020.
Site Location Map:
Financial or budget considerations: Not applicable
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Extension request letter
Prepared by: Julie Grove, Economic Development Specialist
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4b) Title: Arlington Row Apartments East and Arlington Row Apartments West plat extensionsPage 2
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4c
Executive summary
Title: Living Streets Policy
Recommended action: Motion to approve the Living Streets Policy.
Policy consideration: Does the council support applying the principles of Living Streets to
transportation projects in St. Louis Park?
Summary: At the March 27, 2017 study session, staff presented a draft Living Streets policy. At
the study session, the council was generally supportive of the draft policy but asked staff to:
•Review the written comments from the Environment and sustainability commission.
•Come back to the council with a revised draft policy at a future study session.
At the time of the study session, the city was starting work on the following planning initiatives:
•Vision 3.0 (completed January 2018)
•Climate Action Plan (approved February 27, 2018)
•Comprehensive Plan 2040 – Mobility chapter (Approved August 6, 2019)
Staff waited to bring this draft policy back to the city council until after these initiatives were
completed to ensure that the foundation for the principles in the policy was consistent with the
vision, goals, and policies established in these planning documents. In addition, staff used the
public process for these initiatives to influence and inform this revised policy.
The draft policy was provided to the city council at the November 13, 2018 study session. Since
that time the draft has been reviewed by our Race Equity manager and updated to recognize
our race equity strategic priority. In addition, the Environment and sustainability commission
discussed it at their August meeting, voting unanimously to support the policy.
Financial or budget considerations: The application of the principles described in the policy are
already incorporated into the design and planning process for our transportation projects. In
2017, staff included living streets elements in the 10-year CIP for every transportation project.
Living streets elements are funded using pavement management, stormwater, and general
obligation bonds.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
AND
St. Louis Park is committed to continue to lead in environmental stewardship.
Supporting documents: Discussion
Living streets policy
Study session November 13, 2018, p. 172 - Living streets policy update
Prepared by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4c) Page 2
Title: Living Streets Policy
Discussion
Background: This policy formalizes practices currently used by the engineering department for
public and private transportation projects. For purposes of discussion, a transportation project
is any construction project that involves the city’s network of bikeways, sidewalks, trails, and
streets. This can be the retrofit of an existing facility or the proposed expansion of the network.
The living streets principles apply to all types and phases of transportation projects, including
programming, planning, design, and construction.
The attached policy guides how the scope of our transportation projects are developed. It is not
meant to be a prescriptive “one size fits all” policy covering every contingency. Instead, it
establishes principles that will be applied to each project as it goes through the planning and
design process. The principles will be used to develop the project scope and the recommended
design to the city council. Ultimately the final decision on all items incorporated into a
transportation project is made by the city council.
Present considerations: The revised draft incorporates comments from the ESC transportation
workgroup, goals from the Climate Action Plan, and goals from our 2040 comprehensive plan.
The revised policy includes the following as vision statements:
• The city will plan, design, build, and operate the city’s mobility system in a way that
prioritizes walking first, followed by bicycling and transit use, and then motor vehicle
use;
• Transportation will occur via complete, integrated, efficient, safe, and comfortable
networks for all users regardless of age or abilities, including pedestrians, bicyclists and
transit passengers, as well as trucks, buses, and automobiles;
• The city-wide network of bikeways, sidewalks and trails will be expanded to provide
connections to and from parks, schools, restaurants, transit, and commercial areas,
providing users with transportation choices not involving a single-use vehicle,
supporting the climate action plan goals of a reduction in vehicle miles traveled and
reduction in greenhouse gases.
• The health of our residents, workers, and visitors will be improved through walking and
biking;
• The environment, in terms of local air and water quality and in terms of global impacts
like climate change, will be positively impacted by the city’s transportation-related
decision-making;
• The local economy will be supported and strengthened through the provision of safe,
efficient transportation options and vibrant public spaces;
• City streets and sidewalks – our largest public space – will foster livable, walkable,
bicycle-friendly, green neighborhoods by including healthy trees, permeable surfaces,
and design features that help enhance the character of a street while providing added
benefits of shade, summer cooling, reduced energy consumption, and improved water
quality;
• The transportation system will benefit all users equitably, particularly vulnerable users
and the most underinvested and underserved neighborhoods;
• St. Louis Park will create an integrated transportation network that provides everyone
access to employment, education, and other needs for daily living, regardless of their
age, access to, or ability to operate a motorized vehicle.
City council meeting of August 19, 2019 (Item No. 4c) Page 3
Title: Living Streets Policy
Next steps: The application of the principles described in the policy have been incorporated
into the design and planning process for our transportation projects since 2017. Staff included a
budget for living streets elements in the 10-year CIP for every transportation project. The
funding for these elements comes from pavement management, stormwater, and general
obligation bonds.
Some examples of Living streets elements that have been incorporated in projects since 2017.
Please note, these are in addition to any connect the park bikeway, sidewalk and trail
connections installed as a part of the projects:
2017 Texas Avenue project
• Stone benches at bus stops.
• Bump outs at intersections to narrow crossing distances for pedestrians and slow traffic.
• Reconstruction of the sidewalk to create a green boulevard buffer. This improved the
aesthetic and comfort of sidewalk users by moving them away from vehicles traveling
on the road.
• Installation of street trees to increase our urban forest and provide shade. In addition,
this creates a narrower feel to the corridor to influence driver speeds.
• Permanent speed board to educate drivers on their travel speed and slow traffic.
2017 Pavement management project
• Sidewalk gap construction throughout the Sorenson neighborhood.
• Street narrowing to reduce impervious, reduce cost and slow traffic. Less pavement also
means a lower cost to construct and maintain, fewer trucks to bring in construction
materials resulting in reduction of carbon emissions due to construction activity.
• Stormwater quality manholes and infiltration basins throughout the project.
• Installation of street trees to provide a narrower feel to the corridors to influence driver
speeds and provide shade.
2018 Pavement management project
• Sidewalk gap construction throughout the Elmwood neighborhood.
• Neighborhood traffic circles on Brunswick Avenue to reduce cut-through traffic and
speed on this local street.
• Bump outs at the Alabama Avenue/ 36th Street intersection to narrow the crossing
distance for pedestrians crossing at that intersection.
• Street narrowing to reduce impervious, reduce cost and slow traffic. Less pavement also
means a lower cost to construct and maintain, fewer trucks to bring in construction
materials resulting in reduction of carbon emissions due to construction activity.
• Stormwater quality manholes and infiltration basins throughout the project.
Utica Avenue Trail (Connect the park)
• The installation of three enhanced pedestrian crossings in this corridor.
Wooddale Bridge modifications
• Installation of a median in Wooddale Avenue at the north ramps. This was done to
reduce impervious, plant trees, and narrow the feel of the corridor to slow traffic.
• Reconstruction of the sidewalks on both sides of the bridge to create a green boulevard
buffer. This improved the aesthetic and comfort of sidewalk users by moving them away
City council meeting of August 19, 2019 (Item No. 4c) Page 4
Title: Living Streets Policy
from vehicles traveling on the road. It also provided space to plant trees, which will
increase our urban forest and narrow the feel of the corridor to slow traffic.
2019 Pavement management project
• Sidewalk along Hampshire Avenue to connect the naturally occurring affordable housing
to the Cedar Lake Road community sidewalk.
• A rain garden in Willow Park.
• Street narrowing to reduce impervious, reduce cost and slow traffic. Less pavement also
means a lower cost to construct and maintain, fewer trucks to bring in construction
materials resulting in reduction of carbon emissions due to construction activity.
• Stormwater quality manholes and infiltration basins throughout the project.
Cedar Lake Road project:
• Stone benches at bus stops.
• Sidewalk on the south side of Cedar Lake Road between Kentucky Avenue and Zarthan
Avenue.
• Sidewalk along Ridge Drive to connect the naturally occurring affordable housing to the
Cedar Lake Road community sidewalk.
• The installation of three enhanced pedestrian crossings in this corridor.
• Narrowed Cedar Lake Road under TH100 to provide a wider trail for bicycles and
pedestrians. This improved the comfort of trail users by moving them away from
vehicles traveling on the road. Installing a grass buffer in other areas adjacent to the
trail.
• Installation of a roundabout at the Zarthan Avenue intersection. Improving vehicle
movement and reducing carbon emissions.
Historic Walker Lake project
• 2019 construction
o Bike racks.
o Bump outs at intersections to narrow the crossing distance for pedestrians.
o Gap sidewalk along the east side of Library Lane and the west side of Library
Lane at Walker Street.
o Narrowing the street to provide more space for pedestrians and trees between
the curb and building.
o Tree trenches for stormwater infiltration.
• 2020 construction:
o Gap sidewalk along the south side of Walker Street from Lake Street to The
American Legion, the south side of Lake Street between the parking lot and
Dakota Street and 36th Street from The Block to Lake Street.
o Installation of an enhanced pedestrian crossing of Lake Street.
St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416
www.stlouispark.org • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518
Purpose and vision
The public right-of-way is not only used for travel from place to place, it is also the front yard
for homes and businesses. The elements that we include in our new and retrofit transportation
projects within the right-of-way contribute to neighborhood livability.
The City of St. Louis Park is committed to building a complete and integrated public right-of-way
that has a positive impact on the livability of our neighborhoods. To support neighborhood
livability and equity, streets must be vital, healthy places. To accomplish this, the city has
developed this Living Streets Policy that will inform decision-making throughout all phases of
transportation projects.
Living streets:
•Build community: improve public health; increase safety; create a sense of place;
strengthen a sense of community; provide positive impact upon people of all ages and
abilities.
•Provide environmental benefits: improve water quality; improve air quality; reduce
greenhouse gases; reduce the urban heat island effect; promote the planting of trees,
reduce materials and energy used in street construction and maintenance.
•Provide economic benefits: lower initial construction costs; lower on-going maintenance
costs; increased property values; support economic revitalization.
By implementing this policy:
•The city will plan, design, build, and operate the city’s mobility system in a way that
prioritizes walking first, followed by bicycling and transit use, and then motor vehicle
use.
•Transportation will occur via complete, integrated, efficient, safe, and comfortable
networks for all users regardless of age or abilities, including pedestrians, bicyclists and
transit passengers, as well as trucks, buses, and automobiles.
•The city-wide network of bikeways, sidewalks and trails will be expanded to provide
connections to and from parks, schools, restaurants, transit, and commercial areas,
providing users with transportation choices not involving a single-use vehicle,
supporting the climate action plan goals of a reduction in vehicle miles traveled and
reduction in greenhouse gases.
•The health of our residents, workers, and visitors will be improved through walking and
biking.
•The environment, in terms of local air and water quality and in terms of global impacts
like climate change, will be positively impacted by the city’s transportation-related
decision-making.
•The local economy will be supported and strengthened through the provision of safe,
efficient transportation options and vibrant public spaces.
•City streets and sidewalks – our largest public space – will foster livable, walkable,
bicycle-friendly, green neighborhoods by including healthy trees, permeable surfaces,
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 5
Living Streets Policy
August 2019
Page 2 of 6
and design features that help enhance the character of a street while providing added
benefits of shade, summer cooling, reduced energy consumption, and improved water
quality.
•The transportation system will benefit all users equitably, particularly vulnerable users
and the most underinvested and underserved neighborhoods.
•St. Louis Park will create an integrated transportation network that provides everyone
access to employment, education, and other needs for daily living, regardless of their
age, access to, or ability to operate a motorized vehicle.
Living streets principles
The following six principles will guide the implementation of this policy. These principles will be
incorporated into the planning and design of transportation projects and referenced when
making land use decisions.
1.Enhance walking/ biking conditions and connections
By prioritizing mobility in an explicit way, leading with pedestrians, followed by bicycles
and transit, and supporting them with vehicular movement, the city will be well
positioned for future mobility and can continue its growth.
The city has pedestrian and bicycle networks dedicated to the use of non-vehicular
transportation. The purpose of these networks is to provide safe connected routes to
and from transit, parks, schools, commercial areas, and the region for all users
regardless of age and ability. Filling in the gaps in this network will benefit our most
vulnerable users and underserved neighborhoods by eliminating current historical
barriers.
As a part of project development, the existing bikeway, sidewalk and trail networks will
be reviewed. In addition, locations of naturally occurring affordable housing (NOAH) will
be identified. Recommendations will be made to close gaps in the networks, provide
additional connections, and make safety improvements based on the context of the
specific transportation project under consideration.
2.Traffic management
Traffic is an important element of livability. The methods for traffic management
depend largely on the type of roadway, its function, and the modes of travel expected
on the roadway. The concept of traffic management is usually focused on limiting cut-
through traffic, decreasing the speed of vehicles, and enhancing safety for pedestrians
and bicyclists.
Traffic management measures for consideration include but are not limited to the
following:
•Medians •Roundabouts
•Right sizing streets •Traffic circles
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 6
Living Streets Policy
August 2019
Page 3 of 6
•Barriers/ diverters •Signage
•Bump-outs at intersections •Pavement markings
•Narrowing lanes
•Traffic signal timing optimization
•Dynamic speed display signs
•Turn lanes
•Installing street trees to narrow the feel of the corridor
Each traffic management measure can have both positive and negative effects in terms
of cost, time, feasibility, emergency response, safety, parking, maintenance, and
aesthetics. As a part of project development, data will be collected on existing
conditions. Recommendations will be made on which traffic management measure(s)
could be utilized based on the context of the specific transportation project.
3.Stormwater management
As a part of project development, opportunities to install stormwater best management
practices (BMPs) will be identified in order to improve stormwater quality, reduce
volume, and reduce the temperature of solar-heated runoff.
BMPs for consideration include but are not limited to the following:
•Reduce impervious by street right-sizing •In line treatment manholes
•Pervious pavement •Tree planting to create shade
•Underground chamber systems •Sidewalks with green boulevards
•Ponds •Rain gardens
•Infiltration trenches •Native plantings
Each BMP can have both positive and negative effects in terms of cost, time, feasibility,
maintenance, and aesthetics. As a part of project development, data will be collected on
existing conditions. Recommendations will be made on which BMP(s) could be utilized
based on the context of the specific transportation project.
4.Support the urban forest
Trees have numerous environmental, stormwater, and community benefits. Trees are
part of the urban forest, and the urban forest can be enhanced and expanded by proper
management.
To accomplish this transportation projects will incorporate the following:
•Narrow existing streets to provide wider green boulevards for tree planting
(street right-sizing).
•Install additional trees to increase the tree canopy in the city and create shade.
•Use context-sensitive design to preserve existing trees.
•If a tree is removed, tree replacement will follow the city’s ordinances.
•Annually plant trees around the city to offset future tree removals and build up a
reserve of mature trees. This will grow our tree canopy at a greater rate and
proactively compensate for unavoidable tree loss.
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 7
Living Streets Policy
August 2019
Page 4 of 6
5.Create a sense of place
Streets, as well as utilities, within the public right-of-way, perform a necessary function
in supporting the developed environment. Beyond their base functionality, they also
provide opportunities for complementing and contributing to the identity of the
neighborhood. Creating an atmosphere that is positive, pleasant, and safe, helps attract
and retain residents in the community.
Our streets should provide a sense of well-being, belonging, and contribute to the
quality of life. Projects can create this sense of place by bringing about an increase in
activity in the right-of-way.
To create a sense of place, the following elements should be considered and included as
appropriate in the design and implementation of projects:
•Sidewalks installed with green boulevards to create safer walking environments
by providing distinct edges to sidewalks and separation from the street.
•Installation of boulevard trees to create a more pleasant walking environment.
•Narrowing streets to increase the green space in the right-of-way.
•Installation of medians/ islands for landscaping.
•Elimination of signals, signs, or utility poles.
•Street lights to enhance safety.
6.Ensure cost-effective and practical solutions
It is important that transportation projects minimize construction, replacement, and
maintenance costs. Being cost-effective and practical is important for acceptance by the
general public and to keep projects within budget. The ways in which cost-effectiveness
and practicality can be accomplished include but are not limited to the following:
•Use construction materials with recycled content.
•Select the appropriate street section based on roadway type and function.
Narrower streets cost less to build and maintain. (i.e. context-sensitive design,
street right-sizing).
•Locate stormwater BMPs where they will be effective.
•Select tree species appropriate to the site condition.
•Use native plants, when appropriate, to reduce long term maintenance costs.
•Use street lights that are low energy.
•Ensure street lights provide adequate, not excessive, lighting for the need and
minimize spillover beyond the right-of-way.
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 8
Living Streets Policy
August 2019
Page 5 of 6
Application
This policy will apply to:
•City transportation projects including those involving new construction, reconstruction,
or changes in the allocation of pavement space on an existing roadway.
•All private projects and initiatives that are within the public right-of-way.
•Transportation projects or land use decisions under the jurisdiction of another agency.
Consideration will be given to the logical termini by mode, not just by project limits. For
example, the logical termini for a bikeway or sidewalk may extend beyond the limits of the
transportation project, in order to ensure network connectivity and continuity.
Implementation
All transportation projects within the city will follow this policy. This includes all types and
phases of transportation projects, including programming, planning, design, and construction.
The process by which this policy is applied will be scaled appropriately for each individual
project or initiative, including private developments that influence the public right-of-way.
The city will engage stakeholders in a cooperative manner throughout implementation the of
this policy. Stakeholders can include but are not limited to: residents, partner agencies, schools,
businesses, neighborhood associations, and developers.
Project recommendations will be based upon project-specific objectives and context-sensitive
design solutions (i.e. street type, opportunities, functionality, environmental or social factors,
right-of-way impacts, and feedback from the community). This context-sensitive approach to
process and design gives consideration to stakeholder and community values. The overall goal
of this approach is to preserve and enhance the livability of the street while improving or
maintaining safety, mobility, and infrastructure conditions.
Design
Project design sign shall follow accepted or adopted design standards and use the best or latest
design standards, policies, principles and guidelines available. Guidelines and standards may
include but not be limited to National Association of City Transportation Officials (NACTO),
Federal Highway Administration (FHWA), American Association of State Highway (and
transportation) AASHTO, Institute of Transportation Engineers (ITE), public right-of-way
accessibility guidelines (PROWAG) and Municipal State Aid standards.
The city will continue to; explore flexible designs, monitor the latest design standards and
evaluate innovative concepts for application on transportation projects.
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 9
Living Streets Policy
August 2019
Page 6 of 6
Exceptions
This policy will be applied to all transportation projects, except under one or more of the
conditions listed below. Exemptions shall be considered on a case by case basis and approved
by the city council.
•A project involves only ordinary maintenance activities designed to keep assets in
serviceable condition, such as sealcoating, pavement overlays, mowing, cleaning,
sweeping, spot repair, concrete joint repair, pothole filling, or when interim measures
are implemented on a temporary detour.
•Cost of accommodation is excessively disproportionate to the need or probable use.
•Project timing allows more efficient construction at a later date.
•It is determined that the construction is not practically feasible because of adverse
impacts.
Benchmarks and performance measures
The ability to measure the performance of a policy, as well as knowing that it is functioning as it
is intended, is important to overall success and the ability to sustain it. With this in mind, the
city will monitor and measure performance relative to this policy. Benchmarks that will
demonstrate success include:
•Sidewalk installed (miles)
•Sidewalk users (number)
•Bikeways installed (miles)
•Bikeway users (number)
•Trails installed (miles)
•Trail users (number)
•Reduction of street impervious (sq ft)
•Number of stormwater BMPs installed (number)
•BMP performance (phosphorus removal, infiltration etc)
•Trees installed (number, caliper inches)
•Livability index (score)
•Meeting pedestrian and bicycle demand
•Provide sidewalk connections from all naturally occurring affordable housing properties
to community sidewalk corridors. (% of properties served)
The city will monitor and measure its performance relative to this policy using metrics outlined
in Green Steps Cities. Additional performance measures may be identified as this policy is
implemented.
City council meeting of August 19, 2019 (Item No. 4c)
Title: Living Streets Policy Page 10
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4d
Executive summary
Title: Approve Small Wireless Facility Collocation Agreement with Verizon
Recommended action: Motion to approve entering into a Small Wireless Facility Collocation
Agreement with Verizon.
Policy consideration: Does the city council have questions about the requirements included in
the Small Wireless Facility Collocation Agreement?
Summary: In February 2017, the city entered in to a master license agreement with Verizon
Wireless to allow small cell antennas on city owned light poles or signal poles within the right of
way. Since that time, the State of Minnesota and the Federal Communications Commission
have established specific rules that limit the city’s regulatory authority and cap fees associated
with small cell.
The attached document is an updated agreement between the City of St. Louis Park and
Verizon Wireless. This new agreement has been prepared and reviewed by the City Attorney
and follows the new laws. This document replaces the agreement from 2017.
A Small Wireless Facility Collocation Agreement will be required for each service provider
intending to install small cell antennas in the city right-of-way. The agreement spells out
requirements for small cell installations that protect the city’s interest, ensure that they do not
interfere with other utilities, and that they meet public safety standards.
Once an applicant has entered into an agreement with the city, the applicant will be required to
submit individual permits to be reviewed and processed administratively for each small cell
facility installation.
Financial or budget considerations: The cost associated with installation and operation of these
facilities within the right-of-way would be the responsibility of the provider. The license and
permit fees are established by ordinance and in state statute. Details regarding cost are spelled
out in the Agreement.
Strategic priority consideration: Not applicable.
Supporting documents: Small Wireless Facility Collocation Agreement
Prepared by: Phillip Elkin, Senior Engineering Project Manager
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
1
STANDARD SMALL WIRELESS
FACILITY COLLOCATION AGREEMENT
This Standard Small Wireless Facility Collocation Agreement (the "Agreement") made
this ____ day of ___________, 2019, between the CITY OF ST. LOUIS PARK,
MINNESOTA, with its principal offices located at 5005 Minnetonka Boulevard, St. Louis Park,
Minnesota 55416, hereinafter designated as “CITY”, and Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless with its principal offices located at One Verizon Way, Mail Stop 4AW100,
Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated as
“USER”. CITY and USER are at times collectively referred to hereinafter as the "Parties" or
individually as a "Party”.
WITNESSETH:
WHEREAS, the Federal Communications Act of 1934, as amended, authorizes CITY to
manage and control access to and use of Public Right-Of-Way within CITY limits; and
WHEREAS, CITY has elected to manage its Right-Of-Way as authorized by Minnesota
Statutes, Sections 237.162-.163 and CITY’S municipal code of ordinances (the “Code”); and
WHEREAS, CITY is the owner of, or holds a leasehold or other possessory interest in,
certain wireless support structures that are located within the public right-of-way (“ROW”) that
are designed to support or determined by the City to be capable of supporting small wireless
facilities; and
WHEREAS, USER desires to collocate small wireless facilities in and/or upon certain of
CITY'S wireless support structures located within the ROW and/or install new City-owned
wireless support structures in the ROW; and
WHEREAS, CITY and USER desire to enter into this Agreement to define the terms,
covenants, and conditions which govern their relationship with respect to particular sites at
which USER may collocate the small wireless facilities as hereinafter set forth; and
WHEREAS, CITY and USER acknowledge that they will enter into a supplement to this
Agreement, a copy of which is attached hereto as Exhibit A ("Supplement"), with respect to each
particular location or site which CITY agrees to permit collocation.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
adequacy and sufficiency of which is hereby acknowledged, the parties hereto, for themselves,
their successors and assigns, do hereby covenant and agree as follows:
I. DEFINITIONS.
For purposes of this Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given below, unless more specifically defined within a
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 2
2
specific Article or Paragraph of this Agreement. When not inconsistent with the context, words
used in the present tense include the future and past tense, and words in the singular number
include the plural number. The words “shall” and “will” are mandatory and “may” is permissive.
Words not defined shall be given their common and ordinary meaning.
a."Collocate" or "collocation": to install, mount, maintain, modify, operate, or replace a
small wireless facility on, under, within, or adjacent to an existing wireless support structure that
is owned privately or by a local government unit.
b."Equipment": wireless facilities and small wireless facilities, as those terms are defined
in this Agreement.
c.Intentionally omitted.
d."Management Costs" the actual costs the CITY incurs in managing its Public Rights-
Of-Way, and includes such costs, if incurred, as those associated with registering applicants;
issuing, processing, and verifying Right-Of-Way or Small Wireless Facility Permit applications;
inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user
equipment during Public Right-Of-Way work; determining the adequacy of Right-Of-Way
restoration; restoring work inadequately performed after providing notice and the opportunity to
correct the work; and revoking Right-Of-Way or Small Wireless Facility Permits. Management
Costs do not include: (1) payment by a telecommunications right-of-way user for the use of the
Public Right-Of-Way; (2) unreasonable fees of a third-party contractor used by a local
government unit as part of managing its Public Rights-Of-Way, including but not limited to any
third-party contractor fee tied to or based upon customer counts, access lines, revenue generated
by the telecommunications right-of-way user, or revenue generated for a local government unit;
or (3) the fees and cost of litigation relating to the interpretation of Minnesota Statutes Sections
237.162-.163 or any ordinance enacted under those Sections, or the CITY’S fees and costs
related to appeals taken pursuant to Minnesota Statutes Section 237.163, Subdivision 5.
e. "Micro wireless facility": a small wireless facility that is no larger than 24 inches long,
15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11
inches.
f.“Public Right-Of-Way” or “Right-Of-Way” or “ROW”: the area on, below, or above
a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the local
government unit has an interest, including other dedicated Rights-Of-Way for travel purposes
and utility easements of local government units.
g."Small wireless facility":
(1) a wireless facility that meets both of the following qualifications:
(i)each antenna is located inside an enclosure of no more than six cubic feet
in volume or, in the case of an antenna that has exposed elements, the
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 3
3
antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and
(ii)all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment,
power transfer switches, cutoff switches, cable, conduit, vertical cable
runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or
concealment, is in aggregate no more than 28 cubic feet in volume; or
(2) a micro wireless facility.
h."Utility pole": a pole that is in whole or in part to facilitate telecommunications or
electric service.
i."Wireless facility":
(1) equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including:
(i)equipment associated with wireless service;
(ii)a radio transceiver, antenna, coaxial or fiber-optic cable, regular and
backup power supplies, and comparable equipment, regardless of
technological configuration; and
(iii)a small wireless facility.
(2) "Wireless facility" does not include:
(i)wireless support structures;
(ii)wireline backhaul facilities; or
(iii)coaxial or fiber-optic cables (i) between utility poles or wireless support
structures, or (ii) that are not otherwise immediately adjacent to or directly
associated with a specific antenna.
j."Wireless service": means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is
provided using wireless facilities. Wireless service does not include services regulated under
Title VI of the Communications Act of 1934, as amended, including a cable service under United
States Code, title 47, section 522, clause (6).
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k."Wireless support structure": a new or existing structure in a public right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably determined
by a local government unit.
l."Wireline backhaul facility": a facility used to transport communications data by wire
from a wireless facility to a communications network.
II. USER REQUEST TO USE PREMISES.
a. Before USER shall collocate any Equipment on CITY'S wireless support
structures or install a new wireless support structure, as shall be more fully described in each
Supplement to be executed by the Parties, hereinafter referred to as the "Premises" under this
Agreement, USER shall request permission from CITY in writing, which writing shall include a
proposed Supplement, and shall comply with the procedures set forth in this section.
b. USER may submit a consolidated request to CITY for permission to collocate up
to fifteen (15) small wireless facilities, provided that the small wireless facilities in the
consolidated request: (1) are located within a two-mile radius; (2) consist of substantially similar
Equipment; and (3) are to be placed on similar types of wireless support structures. Such
consolidated request shall include a separate proposed Supplement for each small wireless
facility.
c. Approval of this Agreement by CITY shall be in the form of an approved City
Council Resolution. Following said approval of this Agreement, each individual Supplement
may be approved by the City Manager or his/her designee.
d. USER shall have the non-exclusive right, at its sole cost and expense, to use the
Premises, as identified in each individual Supplement, for the purpose of collocating Equipment
on CITY'S wireless support structure(s) or installing new wireless support structure(s) and uses
incidental thereto, in a manner consistent with each Supplement ("Approved Use").
e. Regarding USER'S application for each individual Supplement: If, in the
judgment of CITY, USER'S use under the circumstances is contrary to generally applicable and
reasonable health, safety, and welfare regulations consistent with the CITY’s public right-of-way
management, CITY shall have the right to reject the application. In any event, within sixty (60)
days after receipt of an executed Application and a Supplement for collocation of a small
wireless facility on a preexisting wireless support structure and within ninety (90) days after the
receipt of an executed Application and Supplement for attachment of a small wireless facility on
a new wireless support structure, CITY shall notify USER in writing whether the application is
approved or rejected and, if rejected, shall document the basis for the rejection. If CITY does not
notify USER within ninety (90) days, the application and supplement shall be deemed approved,
unless the ninety (90) day period has been tolled as provided by state law. To toll the time
periods set forth above, CITY must provide USER with a written notice of incompleteness
within 30 days of receipt of the Application and Supplement as provided in Minn. Stat. §
237.163, subd. 3c(b). USER shall use the Premises only in accordance with good engineering
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practices and in compliance with all applicable Federal Communications Commission ("FCC"),
federal, state, and local rules, laws and regulations.
f. Along with each application for an individual Supplement, USER shall furnish
CITY detailed Construction Plans and drawings for each individual Premises, together with
necessary maps, indicating specifically the wireless support structures of CITY to be used, the
number and character of the small wireless facilities to be placed on such structures, Equipment
necessary for USER'S use, replacements of existing wireless support structures, any additional
CITY-owned wireless support structures which USER is proposing to install, and any new
installations for transmission conduit, pull boxes, and appurtenances (the "Work"). The Parties
shall execute a Supplement for each Premises. Upon execution of the Supplement, USER shall
have the right to use the Premises and proceed with the Work in accordance with the terms of the
Supplement and this Agreement. USER shall perform all Work at its own expense and in such
manner as to not interfere with CITY's use of the Property or the Premises.
g. All wireless support structures used by USER under this Agreement, including
wireless support structures installed by USER, shall be and remain the property of CITY, and
any payments made by USER for changes to existing wireless support structures, conduits,
conductor pull boxes, facilities, and appurtenances, or installation of any new wireless support
structures, conduits, conductor pull boxes, facilities, or appurtenances, under this Agreement
shall not entitle USER to ownership of any of said infrastructure (unless otherwise specified in
the individual Supplement). Any new or replacement wireless support structure installed by
USER pursuant to this Agreement shall be deemed to be a fixture on the Property and the
structure shall be and remain the property of the CITY, without further consideration to or from
USER.
h. CITY reserves the right to exclude any of CITY'S wireless support structures,
conduits, conductor pull boxes, appurtenances, public ROW and/or real property from use by
USER if CITY determines that USER'S proposed use is contrary to generally applicable and
reasonable health, safety, and welfare regulations.
III. PREMISES.
Pursuant to all of the terms and conditions of this Agreement, and the applicable
Supplement, CITY may approve USER'S application for a particular Premises described in the
Supplement, for the installation, operation and maintenance of Equipment; together with the
non-exclusive right of ingress and egress from a public ROW, seven (7) days a week, twenty-
four (24) hours a day to and from the Premises.
The primary use and purpose of the Premises, is to provide for traffic control, street
lighting and other governmental purposes ("Primary Use"). CITY'S operations take priority over
USER'S operations.
USER agrees that the following priorities of use, in descending order, shall apply in the
event of communication interference, emergency public safety needs, Premises repair or
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reconditioning, or other conflict while this Agreement is in effect, and USER'S use shall be
subordinate accordingly:
(1) CITY, its employees, agents and contractors;
(2) Public safety agencies, including law enforcement, fire, and ambulance services,
that are not related to CITY;
(3) Other governmental agencies where use is not related to public safety;
(4) Pre-existing licensees or permittees of CITY (if any);
(5) USER referenced in this Agreement.
When an event occurs that poses an immediate threat of substantial harm or damage to
the health, safety, and welfare of the public and/or the Premises, as solely determined by CITY
("Public Threat"), the CITY may take actions the CITY determines are required to address such
Public Threat provided that promptly after such actions that affect the Premises, and in no event
later than seventy-two (72) hours after such actions, CITY gives written notice to USER of
CITY'S emergency actions.
If CITY determines that the conditions of a Public Threat would be benefited by
cessation of USER'S operations, USER shall immediately cease its operations on the Premises
upon notice from CITY to do so, and the Term (as defined herein) of the applicable Supplement
shall terminate.
In the event there are not sufficient electric, telephone, cable, or fiber utility sources
located at the Premises, USER may request approval from the CITY, by submitting to CITY a
written plan for installation, to install such utilities on, over, and/or under the ROW and to the
Premises as necessary for USER to operate its Approved Use (“Utility Plan”). All electric,
telephone, cable, fiber, or other utility necessary for operation of User’s Equipment, hereinafter
referred to jointly as “Utilities” shall be installed underground by use of directional boring or
within the applicable wireless support structure. CITY shall, in its sole discretion, notify USER
that it approves, denies or modifies the plan within thirty (30) business days of receipt of the
Utility Plan, and in the case of any denial or modification of the Utility Plan, CITY shall state the
reasons therefor.
USER must, at the time of Application and at any future time as requested by CITY,
obtain and submit to CITY a structural engineering study carried out by a qualified structural
engineer, showing that the wireless support structure(s) is (are) able to support the Equipment.
Said study must be signed by an engineer licensed in Minnesota per Minnesota Rule 1800.4200
and Minnesota Statutes Chapter 326. If the study finds that any proposed structure is inadequate
to support the proposed loads, USER shall not install the Equipment and the Application shall be
denied.
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IV. INSTALLATION OF EQUIPMENT.
a. Construction Plans
For the initial installation of all Equipment and for any and all subsequent revisions
and/or modifications thereof, or additions thereto except as set forth in subpart (i), at the time of
application for each individual Supplement, USER shall provide CITY with two (2) sets of
construction plans ("Construction Plans") consisting of the following:
Complete plan set in both PDF and AutoCAD formats. For a plan set to be considered
complete it shall include: (1) an area map showing pole and location of power source; (2) dated
photographs of existing site conditions of pole, pole base, existing electrical components and
simulation of proposed microcell antenna; (3) location of existing utility lines, proposed utility
lines and utility trench detail; (4) identification of existing and proposed fiber optic and electrical
service sources and routes; (5) Construction Specifications and Product Specifications for all
planned installations; (6) Diagrams and Shop Drawings of proposed Antenna Facilities,
including mounting details, proposed cabinets, minimum separation distances from all
Equipment; (7) wiring diagram; (8) details of any removals associated with antenna work; (9) a
complete and detailed inventory of all Equipment and personal property of USER actually placed
on the Premises; (10) design plan and route for hauling; (11) Traffic Control plan
One hard copy of complete plan set (paper)
CITY retains the right to survey the installed Equipment.
All Plans shall be easily readable, scalable, and show the location and materials of all
planned installations, including field verified existing utilities, and subject to prior written
approval by CITY, prior to installation of the applicable USER’S Equipment, which approval
shall not be withheld, conditioned or delayed without cause. In accordance with Section II.e,
above, CITY shall have sixty (60) days for collocation of a small wireless facility on a
preexisting wireless support structure and ninety (90) days for attachment of a small wireless
facility on a new wireless support structure to review and comment on the Plans, unless the
applicable sixty (60) or ninety (90) day period is tolled as provided by state law. If, within such
time periods, CITY directs that the Plans need to be revised to comply with Laws including
generally applicable and reasonable health, safety and welfare regulations, no construction of the
applicable USER’S Equipment shall commence until final approval has been granted by CITY.
Final Plans shall have affixed to them the signature of USER'S engineer who shall be licensed in
the State of Minnesota pursuant to Minnesota Rule 1800.4200 and Minnesota Statutes Chapter
326.
b. Construction Scheduling
At least ten (10) business days prior to USER'S construction mobilization for installation
of USER’S Equipment for the applicable Property, USER shall conduct a meeting with CITY
and all the applicable contractors on the Property or other location as agreed upon and at a
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minimum the meeting shall be attended by a representative of CITY and USER’S contractors
and all of the parties involved in the installation of USER’S Equipment.
c. Construction Inspection
All construction activity shall be subject to inspection and approval by CITY and/or
CITY’S engineers. Inspection may be performed at any time during the course of the
construction activity reasonably determined by CITY, at USER'S expense. Construction work
performed without approval of CITY will not be accepted and shall be removed or uninstalled at
USER'S sole expense. USER shall be solely responsible for all costs associated with said
inspection and approval of the installation of USER’S Equipment by CITY and/or its engineers.
d. Exposed Equipment
All of USER’S Equipment that is to be affixed to a wireless support structure on the
Premises which has exterior exposure shall be as close to the color of the wireless support
structure as is commercially available to the USER. Cables, wires or appurtenances shall be
placed inside of the wireless support structure whenever possible and CITY reserves the right to
require USER to provide cables, wires or appurtenances that must be exposed to be made of
materials that match the color of the wireless support structure.
e. Damage by USER
Any damage to the Premises, or ROW or CITY'S wireless support structures or
equipment thereon caused by USER in any manner shall be repaired or replaced at USER's sole
cost and expense and to CITY'S satisfaction within thirty (30) days of written notice by CITY to
USER setting forth the required repairs.
f. As-Built Drawings
Within thirty (30) days after USER activates the USER’S Equipment, USER shall
provide CITY with an “As-Built” drawing in electronic file format compatible with CITY'S
record file system consisting of As-Built drawings of the Equipment installed at the applicable
Premises, which shall show the actual location of all USER’S Equipment. Said drawings shall be
accompanied by a complete and detailed site survey of the Property and an inventory of all
USER’S Equipment.
g. Permits for Installation
USER is required to obtain from CITY, or any other applicable governing agency, any
and all permits required for a complete installation of USER’S Equipment or any utilities
necessary for the operation of USER’S Equipment, at USER’S sole cost and expense. Said
permits shall include, but not be limited to: Right of Way permit for obstruction or excavation of
the ROW, Small Wireless Facility Permit, Meter Hooding, Storm Water, etc. Subject to Laws,
applicable fees for any permits shall be borne by USER and USER shall be bound by the
requirements of said permits.
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h. New Wireless Support Structures
If CITY permits USER to install a new wireless support structure in the ROW, such
wireless support structure shall not exceed fifty (50) feet above ground level, subject to local
zoning regulations, and shall be separated from other wireless support structures by a minimum
of 150 feet. If CITY permits USER to install a new wireless support structure that replaces an
existing wireless support structure that is higher than fifty (50) feet above ground level, the
replacement structure may be placed at the height of the existing structure.
i.Alteration or Modifications
USER may not add, change, modify or alter any of USER’S Equipment from that set
forth and/or shown on the applicable Plan or as then currently constructed, without the prior
written approval of the CITY, which approval shall not be unreasonably withheld, conditioned or
delayed. Notwithstanding anything herein to the contrary, USER may, without submitting
revised Construction Plans or obtaining the approval of the CITY, perform routine maintenance,
or replace any part of USER’s small wireless facility on the Property with a facility that is
substantially similar or smaller in size, weight, height, and wind or structural loading than the
small wireless facility being replaced. If such routine maintenance or replacement activities will
obstruct the ROW, USER shall provide notification to the CITY at least two (2) days in advance
of such activities.
V. MAINTENANCE AND REPAIR OF EQUIPMENT.
a. Premises
CITY reserves the right to take any and all action CITY deems necessary, in its sole
discretion, to repair, maintain, alter, or improve the Premises.
b. Structure Reconditioning and Repair
(1) From time to time, CITY paints, reconditions, or otherwise improves or repairs its
wireless support structures or improvements thereon ("Reconditioning Work"). USER shall
reasonably cooperate with CITY to allow CITY to carry out Reconditioning Work in a manner
that minimizes interference with CITY’S Reconditioning Work.
(2) Except in cases of emergency, prior to commencing Reconditioning Work, CITY
shall provide USER with not less than thirty (30) days prior written notice of the Reconditioning
Work CITY intends to perform. Upon receiving such notice, it shall be the sole responsibility of
USER to take adequate measures to cover or otherwise protect the applicable USER’S
Equipment from the consequences of such activities, including but not limited to paint splatter
and/or debris fallout. CITY reserves the right to require USER to remove all USER’S Equipment
during CITY’S Reconditioning Work, provided such requirement is communicated to USER in
the CITY’s notice of the proposed Reconditioning Work.
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(3) During CITY'S Reconditioning Work, and with written approval of CITY in
CITY’S sole discretion, USER may maintain a mobile site on the Premises or on any land owned
or controlled by CITY in the immediate area of the Premises determined suitable by CITY. If the
Premises will not accommodate mobile equipment, it shall be USER'S responsibility to locate
auxiliary sites for USER’S Equipment during the Reconditioning Work.
(4) USER may request a modification of CITY'S procedures for carrying out
Reconditioning Work in order to reduce the interference with USER'S Approved Use. If CITY
agrees to the modification, USER shall be responsible for all incremental cost related to the
modification of CITY’S procedures for Reconditioning Work.
c. Premises
USER shall, at its own cost and expense, maintain the USER’S Equipment in good and
safe condition, and in compliance with applicable fire, health, building, and other life safety
codes. USER shall obtain from CITY any and all permits required for the purposes of
maintaining the USER’s Equipment, other than for routine maintenance or replacement work
pursuant to Minn. Stat. § 237.163, subd. 3a(d), and pay all applicable fees for any permits
required by the CITY.
d. Notice of completion of Maintenance and Repair
CITY shall provide notice to USER when the Reconditioning Work has been completed,
after which USER may, at its own cost, remove any measures installed to cover or protect the
Equipment. Within ten (10) days of said notice, USER shall remove any mobile site placed on
the Premises or any other land owned by CITY or any auxiliary site within the CITY.
VI. CONDITION OF PREMISES.
CITY will keep and maintain its wireless support structures in good repair and condition
as CITY deems necessary for their primary use and in the ordinary course of business of CITY.
CITY makes no warranty or guarantee as to the condition of any wireless support structure with
regard to USER'S intended use.
VII. TERM; RENTAL.
a. Term.
(i)This Agreement shall remain in effect for ten (10) years from the
Agreement Effective Date (the “Initial Term”). This Agreement shall be
renewed for three (3) additional terms of five (5) years each (each a
“Renewal Term”) unless USER provides CITY notification of its intent
not to renew this Agreement not less than one hundred eighty (180) days
prior to the scheduled termination of the Initial Term or the current
Renewal Term, as the case may be. The Initial Term and Renewal Terms
are herein referred to as the “Agreement Term.” Notwithstanding anything
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herein, after the expiration of this Agreement, its terms and conditions
shall survive and govern with respect to any remaining Supplements in
effect until their expiration and termination.
(ii)Each Supplement shall be effective as of the date of execution of the
applicable Supplement by both Parties (the “Effective Date”), provided
however, the term of each Supplement shall commence on the first day of
the month after USER commences installation of the equipment on the
Premises ( the “Commencement Date”). The parties shall acknowledge in
writing the Commencement Date. Consistent with Minnesota Statutes
Sections 237.162-.163, the term of each Supplement shall be equal to the
length of time that the small wireless facility is in use (the “Term”), unless
the Supplement is terminated pursuant to this Agreement.
b. Rent. To reimburse CITY for its costs related to the management of the Premises,
USER shall pay to CITY a Base Rent ("Base Rent") equal to One Hundred Seventy-Five and
No/Dollars ($175.00) per year for rent and maintenance of each Premises (i.e., wireless support
structure) upon which USER has installed the Equipment. Rent shall be increased as provided by
Law. As provided by Minnesota Statues Sections 237.162-.163, an annual fee for electricity used
to operate the Equipment, if not purchased directly from a utility, shall be paid with the Base Rent
due under each Supplement at the rate of (i) $876 per node less than or equal to 100 max watts,
(ii) $2,184 per node over 100 max watts, (iii) the actual costs of electricity, if the actual costs
exceed the amount in item (i) or (ii), or (iv) as agreed upon by CITY and USER. If USER obtains
electrical service from the local utility, then USER shall furnish and install an electrical meter at
the Premises, if required by the utility, for the measurement of electrical power used by USER'S
installation and shall pay the electric service provider directly for the cost of electricity used by
USER. The amount of any such annual fee for electricity shall be set forth in each Supplement and
shall be paid with the Base Rent.
On all Supplements with a Commencement Date other than January 1, the first year's
Base Rent and payment for electrical service, if applicable, shall be prorated to the end of the
year in which the Commencement Date occurs. Similarly, for all Supplements that expire or
otherwise terminate on a date other than December 31, the Base Rent and payment for electrical
service, if applicable, shall be prorated from the beginning of the year to the end of the month in
which the Supplement expires or otherwise terminates. CITY and USER acknowledge and agree
that the initial rental and electrical service payment for each Supplement may not actually be sent
by USER until 90 days after USER receives the written acknowledgment of the Commencement
Date. Subsequent to the initial payment of pro-rated rents in the year of the Commencement
Date, the Base Rent and electrical service payment due hereunder for all subsequent years shall
be paid prior to January first (1st) of each succeeding year.
Upon agreement of the Parties, USER may pay Base Rent by electronic funds transfer
and in such event, CITY agrees to provide to USER the CITY’S bank routing information for
such purpose upon request of USER.
USER shall pay CITY upon USER’S execution of any Supplement and Small Wireless
Facility Permit Application a one-time competitively neutral and nondiscriminatory permit fee
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equal to the FCC’s current presumptively reasonable fees subject to any change to those fees by
the FCC or court. The permit fee shall be established in the City’s Fee Schedule.
VIII. USE; GOVERNMENTAL APPROVALS.
USER shall use the Premises only for the Approved Use. It is understood and agreed that
USER'S permission to use the Premises is contingent upon its obtaining and maintaining all of
the certificates, permits and other approvals (collectively the "Governmental Approvals") that
may be required by any Federal, State or other governmental authorities as well as a satisfactory
structural analysis, and a radio frequency analysis as stated in "ENVIRONMENTAL" below.
CITY shall cooperate with USER in its effort to obtain such approvals. In the event that (i) any
application for such Governmental Approvals should be finally rejected; (ii) any Governmental
Approval issued to USER is canceled, expires, lapses, or is otherwise withdrawn or terminated;
or (iii) USER determines that such Governmental Approvals may not be obtained in a timely
manner, USER shall have the right to terminate the applicable Supplement. Notice of USER's
exercise of its right to terminate shall be given to CITY in accordance with the notice provisions
set forth herein and shall be effective upon the later of: (a) the receipt of such notice as set forth
in the NOTICE section of this Agreement; (b) upon such later date as designated by USER; or
(c) upon USER's removal of USER’S Equipment as required under the terms and conditions of
this Agreement. All Base Rent paid and costs paid to said termination date shall be retained by
CITY. Upon such termination, the applicable Supplement shall be of no further force or effect
except to the extent of the representations, warranties and indemnities made by each Party to the
other thereunder. Otherwise, the USER shall have no further obligations for the payment of rent
to CITY for the terminated Supplement.
IX. INDEMNIFICATION.
USER shall, to the extent permitted by law, indemnify, defend, and hold CITY harmless
against any claim of liability or loss from personal injury or property damage resulting from or
arising out of the use of the ROW and/or the Premises by USER, its employees, contractors or
agents, except to the extent such claims or damages may be due to or caused by the negligence or
willful misconduct of CITY, or its employees, contractors, or agents.
X. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for negligence
against the other, its officers, directors, employees, and agents which may hereafter arise on
account of damage to the Premises resulting from any fire, or other casualty of the kind covered
by standard fire insurance policies with extended coverage, regardless of whether or not, or in
what amounts, such insurance is now or hereafter carried by the Parties, or either of them. These
waivers and release shall apply between the Parties and they shall also apply to any claims under
or through either Party as a result of any asserted right of subrogation. All such policies of
insurance obtained by either Party concerning the Premises shall waive the insurer’s right of
subrogation against the other Party.
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b. USER agrees that at its own cost and expense, it will maintain commercial
general liability insurance with limits of $4,000,000 per occurrence for bodily injury (including
death) and property damage and $4,000,000 general aggregate including premises operations,
products-completed operations, personal injury, advertising injury, and contractual liability.
c. USER shall maintain worker's compensation insurance in compliance with the
statutory requirements of the State of Minnesota and Employer's Liability with a limit of
$1,000,000 each accident/disease/policy limit and shall provide for waiver or subrogation by the
insurance company.
d. USER shall maintain Commercial Automobile Liability Insurance with a limit of
$1,000,000 combined single limit each accident, which shall include coverage for all owned,
hired and non-owed vehicles.
e. Additional Insurance Conditions.
(i) USER shall deliver to CITY a certificate of insurance as evidence that the
above coverages are in full force and effect including CITY as an additional insured as its
interest may appear under this Agreement. The insurance policies shall be issued by a
company (rated A minus: VII or better by Best Insurance Guide) licensed, authorized, or
permitted to do business in the State of Minnesota.
(ii) USER’S required policies shall be primary insurance and non-contributory
to any other valid and collectible insurance available to CITY with respect to any claim
arising under this Agreement.
(iii) Upon receipt of notice from its insurer(s) USER shall provide the CITY
with at least thirty (30) day’s advanced written notice of cancellation of any required
coverage.
XI. LIMITATION OF LIABILITY.
Except for indemnification and contribution obligations pursuant to Paragraph IX, neither
party shall be liable to the other party, or any of its respective agents, representatives, or
employees for any lost revenue, lost profits, loss of technology, rights or services, incidental,
punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of
service, even if advised of the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise. USER shall not be liable for or responsible
for addressing environmental or industrial hygiene conditions that result from hazardous
substances that existed in the vicinity of CITY’s poles before the execution of this Agreement, or
that otherwise do not result from the activities of USER.
XII. ANNUAL TERMINATION.
Notwithstanding anything to the contrary contained herein, provided USER is not in
default hereunder beyond applicable notice and cure periods, USER shall have the right to
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terminate each Supplement upon the annual anniversary of the Commencement Date provided
that three (3) months prior notice is given to CITY. Upon such termination, the applicable
Supplement shall be of no further force or effect except the representations, warranties and
indemnities made by each Party to the other thereunder shall survive and be enforceable after
termination.
XIII. INTERFERENCE.
USER shall implement all measures at the transmission site required by FCC regulations,
including but not limited to posting signs and markings. CITY shall cooperate with and permit
USER to implement all reasonable measures in order for USER to fulfill FCC obligations. CITY
agrees that in the event any future party causes an applicable Premises to exceed FCC Radio
Frequency radiation limits, as measured on the Premises, CITY shall hold such future party
liable for all such later-arising non-compliance.
USER agrees to install USER’S Equipment in compliance with all FCC rules and
regulations, and good engineering practices and according to the Plans, Application, applicable
Supplement and this Agreement. USER further agrees that the USER’S use of the USER’S
Equipment will not cause radio frequency interference to CITY’S Communication Systems,
provided such systems are lawfully installed and operated.
In the event of interference with CITY’S Communications System, USER shall, within
twenty-four (24) hours after USER’S receipt of notice of such interference from CITY, as
provided in this Section eliminate the interference or cease using USER’S interfering equipment,
except for short tests necessary for the elimination of the interference, until the interference is
cured to the reasonable satisfaction of the CITY. If USER, in the event of interference with
CITY’S Communication Systems, fails to correct the interference within twenty-four (24) hours
or cease using the interfering equipment within said time, except for testing purposes, or
demonstrate that USER’S Equipment is not the cause of the interference, USER shall cease
operation of its Equipment. It is further agreed that CITY does not guarantee to USER non-
interference to the operation of USER’S Equipment by CITY’S Communication Systems or
other current users of the Premises or ROW (if any). CITY will use its best efforts to notify other
users of the Premises or ROW of the interference, and to coordinate elimination of interference
among the USER and other users of the Premises or ROW.
The Parties agree that such reasonable evidence of interference that is likely caused by
USER’S use or operation of the USER’S Equipment warrants an emergency response and the
Notice provision of this Agreement shall not apply. Rather, CITY shall provide USER
reasonable evidence that the interference is likely caused by the USER’S use or operation of
USER’S Equipment verbally by telephone to USER’S Network Operations CENTER at (800)
264-6620.
Upon CITY providing USER notice of reasonable evidence that any interference is likely
caused by USER’S use or operation of USER’S Equipment USER shall send a qualified
technician or representative to the Premises within twenty-four (24) hours from the time that the
notice of reasonable evidence is provided by CITY. The required twenty-four (24) hour
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 15
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emergency response time under these circumstances is applicable 24 hours a day, 7 days a week.
The qualified technician or representative shall be capable of assessing the situation and eliciting
the necessary response, including any repairs, alterations, or modifications to USER’S
Equipment.
XIV. REMOVAL AT END OF TERM.
USER shall, within ninety (90) days after termination of a Supplement, remove USER’S
Equipment, conduits, fixtures and all personal property and restore the Premises to its original
condition, reasonable wear and tear excepted. CITY agrees and acknowledges that all of
USER’S Equipment, conduits, fixtures, and personal property of USER shall remain the personal
property of USER and USER shall have the right to remove the same at any time during the
Term. All wireless support structures, conduit, and pole boxes are and shall remain property of
CITY.
The parties acknowledge and agree that USER has previously delivered to CITY an
irrevocable letter of credit ("Letter of Credit") in favor of CITY in the principal amount of Five
Thousand and No/100 Dollars ($5,000.00) to secure USER'S obligation herein to remove
USER’S Equipment according to the terms and conditions of this Agreement. In the event USER
fails to remove USER’S Equipment and restore the Property, reasonable wear and tear and
casualty damage excepted, CITY may do so and USER shall reimburse CITY for all costs
incurred by CITY in removing the Equipment and restoring the Property. CITY may draw upon
the Letter of Credit in an amount that will reimburse CITY for its actual costs to remove any of
USER’S Equipment and any amount remaining of the Letter of Credit after the removal of
USER’S Equipment by CITY will be refunded to USER. If the Letter of Credit is insufficient to
cover CITY's costs of removing any of USER’S Equipment, USER shall pay to CITY the
deficiency within thirty (30) days of written notice of the amount of the deficiency.
XV. NO REPRESENTATION OR WARRANTY - CONDITIONAL GRANT
CITY makes no representation or warranty regarding the condition of its title to the
Premises or its right to grant to USER use or occupation thereof under this Agreement. The
approval granted herein is "as is" and “where is.” USER is entering into this Agreement and
USER's use of the Premises is subject to USER's own investigation and acceptance. USER's
rights granted pursuant to this Agreement are subject and subordinate to all limitations,
restrictions, and encumbrances relating to CITY's interest in the Premises that may affect or limit
CITY's right to grant those rights to USER.
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XVI. ASSIGNMENT
This Agreement and each Supplement under it may be sold, assigned or transferred by
USER without any approval or consent of CITY to the USER's principal, affiliates, subsidiaries
of its principal or to any entity which acquires all or substantially all of USER's assets in the
market defined by the FCC in which the Premises is located by reason of a merger, acquisition,
or other business reorganization. As to all other parties, this Agreement and each Supplement
may not be sold, assigned, or transferred without the express written consent of CITY. USER
shall provide written notice of all sales, assignments, or transfers within 60 days thereof. No
change of stock ownership, partnership interest, or control of USER shall constitute an
assignment hereunder. In the event of any sale, assignment, or transfer, USER shall not be
relieved of any of its obligations under this Agreement or any of the Supplements whose term
has not expired or otherwise terminated at the time of such sale, assignment, or transfer.
XVII. NOTICES
All notices hereunder must be in writing and shall be deemed validly given if sent by
certified mail, return receipt requested or by commercial courier, provided the courier's regular
business is delivery service and provided further that it guarantees delivery to the addressee by
the end of the next business day following the courier's receipt from the sender, addressed as
follows (or any other address that the Party to be notified may have designated to the sender by
like notice):
CITY: City of St. Louis Park
Attn: Engineering Director
5005 Minnetonka Blvd.
St. Louis Park, MN 55416
USER: Verizon Wireless (VAW) LLC d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster, New Jersey 07921
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
XVIII. DEFAULT
In the event there is a material breach by a Party with respect to any of the provisions of
this Agreement or a Supplement or its obligations hereunder, the non-breaching Party shall give
the breaching Party written notice of such breach. After receipt of such written notice, the
breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching
Party shall have such extended period as may be required beyond the thirty (30) days if the
breaching Party commences the cure within the thirty (30) day period and thereafter
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continuously and diligently pursues the cure to completion. A Party's failure to cure a breach
within the time period set forth herein shall constitute a "Default".
XIX. REMEDIES
In the event of a Default by either Party, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of such
Default, the non-defaulting Party may terminate this Agreement and/or the applicable
Supplement and/or may pursue any remedy now or hereafter available to the non-defaulting
Party under Laws. Further, upon a Default, CITY may at its option (but without obligation to do
so), perform USER'S duty or obligation on USER'S behalf, including but not limited to the
obtaining of reasonably required insurance policies. The costs and expenses of any such
performance by CITY shall be due and payable by USER upon invoice therefor.
XX. ENVIRONMENTAL
a. Upon Request of CITY, USER must obtain at USER'S cost a radio frequency
interference study carried out by an independent professional radio frequency engineer ("RF
Engineer") showing that USER'S use will not interfere with any existing, licensed
communications facilities, or CITY'S licensed and unlicensed communications facilities. The RF
Engineer shall provide said evaluation to CITY and USER no later than thirty (30) days after
frequencies are provided by CITY. USER shall not transmit or receive radio waves at the
Premises until such evaluation has been satisfactorily completed.
b. Upon request of CITY, USER shall hire an RF Engineer to conduct a radiation
survey following USER's initial RF transmissions on the Premises. USER shall be responsible
for all costs of such survey. USER shall provide a copy of the survey to CITY upon its
completion.
c. USER shall implement all measures at the transmission site required by FCC
regulations, including but not limited to posting signs and markings. CITY shall cooperate with
and permit USER to implement all reasonable measures in order for USER to fulfill its FCC
obligations. CITY agrees that in the event any future party causes the entire site to exceed FCC
Radio Frequency radiation limits, as measured on the Premises, CITY shall hold such future
party liable for all such later-arising non-compliance.
XXI. CASUALTY
In the event of damage by fire or other casualty to the wireless support structure or
Premises that cannot reasonably be expected to be repaired within forty-five (45) days following
same or which CITY elects not to repair, or if the wireless support structure or Premises is
damaged by fire or other casualty so that such damage may reasonably be expected to disrupt
USER's operations at the Premises for more than forty-five (45) days, then USER may, at any
time following such fire or other casualty, provided CITY has not completed the restoration
required to permit USER to resume its operation at the Premises, terminate the Supplement upon
fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause the
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Title: Small Wireless Facility Collocation Agreement Page 18
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Supplement to expire with the same force and effect as though the date set forth in such notice
were the date originally set as the expiration date of the Supplement. The Base Rent shall abate
during the period of repair following such fire or other casualty in proportion to the degree to
which USER's use of the Premises is impaired.
XXII. APPLICABLE LAWS
“Laws” means any and all laws, regulations, ordinances, resolutions, judicial decisions,
rules, permits and approvals applicable to the subject of this Agreement or USER’S use that are
in force during the Agreement Term, as lawfully amended including, without limitation, the
CITY’S Code. USER and CITY shall comply with all applicable Laws. This Agreement does not
limit any rights USER may have in accordance with Laws to install its own poles in the right of
way or to attach USER’S equipment to third-party poles located in the right-of-way. This
Agreement shall in no way limit or waive either Party’s present or future rights under Laws. If,
after the date of this Agreement, the rights or obligations of either Party are materially altered,
preempted, or superseded by changes in Laws, the Parties agree to amend the Agreement and/or
Supplement to reflect the change in Laws.
XXIII. CONDEMNATION.
If the whole or any part of the Property shall be taken by any public authority under the
power of eminent domain, or is sold to any entity having the power of eminent domain under
threat of condemnation, then the term of this Agreement or the applicable Supplements shall
cease as of the date of the granting of the petition or closing. All rentals and costs paid to said
termination date shall be retained by CITY. Any award, compensation, or damages, shall be paid
to and be the sole property of CITY, but nothing herein shall preclude USER from claiming
against the condemning authority with respect to moving expenses and loss of personal property,
and receiving an award therefor.
XXIV. DATA PRACTICES.
The Parties acknowledge and agree that this Agreement is considered public data not on
individuals and is accessible to the public under Minnesota Statutes, Section 13.03. USER and
CITY agree to abide by the applicable provisions of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 and all other applicable state or federal rules, regulations or
orders pertaining to privacy or confidentiality.
XXV. MISCELLANEOUS
a. Approval of Supplement. Each Supplement to this Agreement shall be executed
by the City Manager after the USER has complied with all of the terms, covenants and
conditions of this Agreement and the applicable Application has been approved.
b. Authority. Each of the Parties hereto warrants to the other that the person or
persons executing this Agreement on behalf of that Party has the full right, power and authority
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Title: Small Wireless Facility Collocation Agreement Page 19
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to enter into and execute this Agreement on that Party’s behalf and that no consent from any
other person or entity is necessary as a condition precedent to the legal effect of this Agreement.
c. Complete Agreement; Amendments. This Agreement supersedes all prior
discussions and negotiations and contains all agreements and understandings between the CITY
and the USER. This Agreement may only be amended in writing signed by all Parties. All
Exhibits are incorporated into this Agreement by reference.
d. Captions. Captions contained in this Agreement are for reference only, and
therefore, have no effect in construing this Agreement.
e. Ambiguities. If any term of this Agreement is ambiguous, it shall not be construed
for or against any Party on the basis that the Party did or did not write it.
f. Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both Parties.
g. Third Party Rights. This Agreement is not a third party beneficiary contract and
shall not in any respect whatsoever create any rights on behalf of any person or entity not
expressly a party to this Agreement.
h. Nondiscrimination. In the hiring of employees or contractors to perform work
under this Agreement, USER shall not discriminate against any person by reason of any
characteristic or classification protected by State or Federal law.
i. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Minnesota, without regard to its conflict of laws
principles, and, where applicable, federal law. The venue for all proceedings related to this
Agreement shall be state and federal courts in Hennepin County, Minnesota, without waiver of
any right to removal.
j. Binding Effect. The terms and conditions of this Agreement shall run with the
Premises and inure to the benefit of and be binding on the respective Parties and their respective
successors and permitted assignees.
k. Enforcement and Attorneys’ Fees. The prevailing Party in any action or
proceeding in court to enforce the terms of this Agreement including any appeals shall be
entitled to receive its reasonable attorney’s fees and other reasonable costs and expenses from the
non-prevailing party.
l. Severability. If any term of this Agreement is found to be void or invalid, such
invalidity shall not affect the remaining terms of this Agreement, which shall continue in full
force and effect.
m. Estoppel Information. Each Party shall from time to time, within sixty (60) days
after written request from the other Party, execute, acknowledge and deliver an estoppel
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Title: Small Wireless Facility Collocation Agreement Page 20
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certificate indicating that this Agreement and any amendments hereto are in full force and effect,
setting out the current monthly rental amount, date rent is paid through, expiration date of the
then current term, and acknowledging that there are not, to such Party’s knowledge, any uncured
defaults, or specifying such defaults, if any, are claimed.
n. Brokers. If either Party is represented by a real estate broker in this transaction,
that Party shall be fully responsible for any fee due such broker in this transaction, and shall hold
the other Party harmless from any claims for commission by such broker.
o. No Waiver. No provision of this Agreement will be deemed waived by either
Party unless expressly waived in writing by the waiving Party. No waiver shall be implied by
delay or any other act or omission of either Party. No waiver by either Party of any provisions of
this Agreement shall be deemed a waiver of such provision with respect to any subsequent
matter relating to such provision.
p. Recitals. The Recitals set forth above in this Agreement are hereby incorporated
in this Agreement as though they were set forth in the body hereof.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
[Remainder of page intentionally left blank. Signature blocks follow.]
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 21
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CITY:
City of St. Louis Park
By___________________________
Jake Spano
Title: Mayor
Date: _________________________
AND
By: __________________________
Tom Harmening
Title: City Manager
Date: ________________________
USER:
Verizon Wireless (VAW) LLC d/b/a
Verizon Wireless
By: __________________________
Name:________________________
Title:_________________________
Date: ________________________
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 22
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EXHIBIT "A"
SUPPLEMENT TO STANDARD SMALL WIRELESS FACILITY COLLOCATION
AGREEMENT
1. This Supplement to Standard Small Wireless Facility Collocation Agreement
("Supplement") is made this _____ day of ___________, 2019 between the City of St. Louis
Park, Minnesota, with its principal offices located at 5005 Minnetonka Blvd, St. Louis Park, MN
55416 ("CITY"), and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless, with its principal
offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920
("USER").
2. Standard Small Wireless Facility Collocation Agreement. This Supplement is a
Supplement as referenced in that certain Standard Small Wireless Facility Collocation
Agreement between CITY and USER, dated ___________, 2019, (the "Agreement"). The CITY
and USER agree that all of the terms and conditions of the Agreement are incorporated herein by
reference and made a part hereof without the necessity of repeating or attaching the Agreement
and are in full force and effect except as they may be modified by this Supplement. In the event
of a conflict, contradiction, modification, or inconsistency between any term of the Agreement
and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this
Supplement shall have the same meaning described for them in the Agreement unless otherwise
indicated herein.
3. Premises. The Premises owned by CITY is located at ____________________________
___________________, St. Louis Park, Minnesota 55416; the Premises approved by the CITY
for USER's use hereunder is described on Exhibit "l" attached hereto and made a part hereof.
4. Term. The Commencement Date and the Term of this Supplement shall be as set forth in
the Agreement.
5. Consideration. Annual Base Rent for this Supplement shall be One Hundred Seventy-
Five and No/100 Dollars ($175.00) and shall be payable as set forth in the Agreement. [Insert
one of the following: “USER shall furnish and install an electrical meter for the measurement of
electric power used by USER’S installation. Or, if an electric meter is not installed: “In
consideration for electrical service, USER shall pay $________ per year with the Base Rent.”]
6. Site Specific Terms. (Include any site-specific terms)
Any wireless support structure installed by USER pursuant to the Plans at the location shown on
Exhibit 1 attached hereto upon completion of the installation of the wireless support structure
shall be and remain the property of the CITY without consideration to or from CITY. CITY will
thereafter be responsible for the wireless support structure as provided in the Agreement. USER
shall at USER’S sole cost and expense, remove, dispose and/or discard any wireless support
structure USER removed and installed a replacement wireless support structure in place thereof
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 23
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by delivering the wireless support structure to a location specified by CITY for the CITY’s
continued use or disposal at its sole discretion.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
respective seals the day and year first above written.
CITY:
City of St. Louis Park
By: [EXHIBIT ONLY - NOT FOR EXECUTION]
Jake Spano
Title: Mayor
Date: ____________________________________
AND
By: [EXHIBIT ONLY - NOT FOR EXECUTION]
Tom Harmening
Title: City Manager
Date: ____________________________________
USER:
Verizon Wireless (VAW) LLC d/b/a Verizon
Wireless
By: [EXHIBIT ONLY - NOT FOR EXECUTION]
Name: ______________________________
Title:
Date: ____________________________________
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 24
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EXHIBIT 1
Premises (Include Map, Wireless Support Structure Diagram, Site Plan and Table Listing All
Wireless Support Structure Locations)
City council meeting of August 19, 2019 (Item No. 4d)
Title: Small Wireless Facility Collocation Agreement Page 25
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4e
Executive summary
Title: Accept donations to fire department from American Legion Post 282 and Girl Scouts of
Minnesota
Recommended action: Motion to adopt Resolution approving acceptance of the following
donations:
•American Legion Post 282 donated $3,300 for purchasing fire equipment
•Girl Scouts of Minnesota donated $50.00 for purchasing fire equipment
Policy consideration: Does the city council wish to accept these donations with restrictions on
their use?
Summary: State statute requires city council’s acceptance of donations. This requirement is
necessary in order to make sure the city council has knowledge of any restrictions placed on the
use of each donation prior to it being expended.
American Legion Post 282 graciously donated $3,300 for the purchase of fire department
equipment.
Girl Scouts of Minnesota graciously donated $50.00 for the purchase of fire department
equipment.
Financial or budget considerations: These donations will be used in accordance with their
restrictions.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Sue Rasmussen, Office Assistant
Reviewed by: Steve Koering, Fire Chief
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4e) Page 2
Title: Accept donations to fire department from American Legion Post 282 and Girl Scouts of Minnesota
Resolution No. 19-___
Resolution approving acceptance of the following donations:
• American Legion Post 282 donated $3,300 for the purchase of fire
department equipment.
• Girl Scouts of Minnesota donated $50.00 for the purchase of fire
department equipment.
Whereas, the City of St. Louis Park is required by state statute to authorize acceptance of
any donations; and
Whereas, the city council must ratify any restrictions placed on the donations by the
donors; and
Whereas, the donations from both American Legion Post 282 and Girl Scouts of
Minnesota are for the purchasing of fire department equipment.
Now therefore be it resolved by the city council of St. Louis Park that these donations are
hereby accepted with thanks and appreciation.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4f
Executive summary
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street
Recommended action: Motion to adopt Resolution authorizing removal of timed parking
restrictions on Lake Street from Dakota Avenue/ Wooddale Avenue to Library Lane (by
rescinding Resolution 4834) and the permit parking restrictions on the Lake Street municipal
parking lot (by modifying Resolution 88-106).
Policy consideration: The parking restrictions and their removal is allowed per the city’s
established regulatory authority.
Summary: In July 2019, requests from the newly formed Walker Lake Business Association were
brought to the traffic committee for review. The businesses were looking for the city to
evaluate the timed parking limits on Lake Street as well as the permit parking signs in the Lake
Street municipal parking lots. More specifically, the businesses requested “Walker Lake
business parking only” or “no school parking” as well as changing the 30-minute parking limit
on Lake Street to 2 hours.
The traffic committee reviewed their requests for parking restriction and permit changes at the
July 2019 meeting. The committee’s recommendation was to remove both the time restricted
parking on Lake Street as well as the permit parking on the municipal parking lot behind Lake
Street.
These recommendations were brought back to the Walker Lake Business Association and were
received positively.
Financial or budget considerations: The cost of enacting these controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Resolution
Resolution 4834 – to be rescinded
Resolution 88-106 – to be modified
Resident letter
Prepared by: Ben Manibog, Transportation Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4f) Page 2
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street
Discussion
Background: In July 2019, requests from the newly formed Walker Lake Business Association
were brought to the traffic committee for review. The businesses were looking for the city to
evaluate the timed parking limits on Lake Street as well as the permit parking signs in the Lake
Street municipal parking lots. More specifically, the businesses requested “Walker Lake
business parking only” or “no school parking” as well as changing the 30-minute parking limit
on Lake Street to 2 hours.
The traffic committee reviewed their requests for parking restriction and permit changes at the
July 2019 meeting. The committee’s recommendation was to remove both the time restricted
parking on Lake Street as well as the permit parking on the municipal parking lot behind Lake
Street.
Removing the restrictions will serve multiple purposes. The removal of restrictions will allow for
more flexible parking during the construction projects in the Walker Lake area. The
construction will make some parking temporarily unavailable, so the easing of these restrictions
will help account for the changes in parking during that process. The removal of the restrictions
will also test whether the restrictions are necessary once the construction near Lake Street is
complete.
These recommendations were brought back to the Walker Lake Business Association and were
received positively.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed parking changes. No comments were received.
Resolutions: The resolution to remove these restrictions involves two existing resolutions,
numbers 4834 and 88-106.
Resolution 4834 established the 30- and 60-minute parking on Lake Street and the side streets
directly adjacent to the municipal parking lot. The new resolution will rescind Resolution 4834
in its entirety.
Resolution 88-106 authorizes permit parking restrictions in multiple places near the high school.
The new resolution will remove two of the items (the sixth and seventh) in Resolution 88-106
that reference the municipal parking lot. The remaining items of Resolution 88-106 (Lenox
neighborhood permit parking for the high school) will remain in place.
City council meeting of August 19, 2019 (Item No. 4f) Page 3
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street
Resolution No. 19-____
Resolution authorizing removal of timed parking restrictions on Lake Street
from Dakota Avenue/Wooddale Avenue to Library Lane and the permit parking
restrictions on the Lake Street municipal parking lot.
Whereas, the City of St. Louis Park received a request to evaluate timed and permit
parking restrictions on Lake Street between Dakota Avenue/Wooddale Avenue and Library
Lane; and
Whereas, the traffic committee has reviewed the request and recommended the removal
of these restrictions as an interim measure to evaluate whether the restrictions are needed at
all; and
Whereas, St. Louis Park is committed to providing a variety of options for people to make
their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that Resolution 4834 be rescinded.
It is further resolved by the City Council of the City of St. Louis Park, Minnesota, that the
sixth and seventh items of Resolution 88-106 be rescinded.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of August 19, 2019 (Item No. 4f)
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street Page 4
City council meeting of August 19, 2019 (Item No. 4f)
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street Page 5
St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416
www.stlouispark.org • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518
July 26, 2019
RE: Request for removal of timed and permit parking restrictions on Lake Street
Dear resident, business owner, or property owner,
The city has received a request to remove timed and permit parking restrictions on Lake Street from
Dakota Avenue to Walker Street as well as in the municipal parking lot northwest of Lake Street at that
location. See picture on the back where the green line represents the proposed parking restriction
removal.
The city’s traffic committee recommends the parking restrictions as shown on the back to be removed.
Business owners in the area have concerns for the availability of parking as well as the practicality of
different parking time limits in the area. Due to the construction in the area for the next two years,
parking will be in flux depending on where the work is occurring. The removal of the restrictions will
allow for people to be more flexible in the way that they park during this process. Following
construction, if parking problems persist either in the parking lot or Lake Street, further restrictions can
be made at that time.
If you have any comments or questions regarding this proposal, please contact me at 952.924.2669 or
bmanibog@stlouispark.org by Monday, August 12. Comments received will be summarized in the
report given to city council when the proposal is up for approval on Monday, August 19.
Sincerely,
Ben Manibog
Transportation Engineer
Cc: Debra Heiser, Engineering Director
Margaret Rog, Ward 1 Council Member
Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4f)
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street Page 6
St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416
www.stlouispark.org • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518
City council meeting of August 19, 2019 (Item No. 4f)
Title: Traffic Study 705: Removal of timed and permit parking restrictions on Lake Street Page 7
Meeting: City council
Meeting date: August 19, 2019
Consent agenda item: 4g
Executive summary
Title: Traffic Study 706 – Removal of parking restrictions on Walker Street
Recommended action: Motion to adopt Resolution authorizing the removal of parking
restrictions on the north side of Walker Street west of Republic Avenue as well as outdated
non-existent restrictions (by rescinding Resolution 7039, Items 3e and 4).
Policy consideration: The parking restrictions and their removal is allowed per the city’s
established regulatory authority.
Summary: In July 2019, a request to evaluate the parking restrictions along Walker Street from
Louisiana Avenue to Lake Street was brought to the traffic committee for review. The request
was made to maximize the available on-street parking in that area anticipating the needs of The
Block, a new restaurant opening this fall, and other businesses that will be opening in the
future.
The traffic committee reviewed the request to evaluate the parking restrictions on Walker
Street at the July 2019 meeting. The committee’s recommendation was to remove the parking
restriction on the north side of Walker Street west of Republic Avenue.
Walker Street in this location is a Municipal State Aid road which needs to meet State Aid
standards. After a field visit and measurement, the space between the outside bike lane line
and the face of curb at that location is between 7 and 8 feet. This measurement for a potential
parking lane meets the State Aid standards. Walker Street in this location is a two-lane road
with a design speed of 30 mph and an average daily traffic (ADT) count of 4000.
A letter was sent to properties in the area regarding the proposed change looking for comment.
No comments were received.
Financial or budget considerations: The cost of enacting these controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Resolution
Resolution 7039 - to be modified
Resident letter
Prepared by: Ben Manibog, Transportation Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4g) Page 2
Title: Traffic Study 706 – Removal of parking restrictions on Walker Street
Discussion
Background: In July 2019, a request to evaluate the parking restrictions along Walker Street
from Louisiana Avenue to Lake Street was brought to the traffic committee for review. The
request was made to maximize the available on-street parking in that area anticipating the
needs of The Block, a new restaurant opening this fall, and other businesses that will be
opening in the future.
The traffic committee reviewed the request to evaluate the parking restrictions on Walker
Street at the July 2019 meeting. The committee’s recommendation was to remove the parking
restriction on the north side of Walker Street from Republic Avenue to the driveway entrance
of 3501 Louisiana Avenue.
Walker Street in this location is a Municipal State Aid road which needs to meet State Aid
standards. After a field visit and measurement, the space between the outside bike lane line
and the face of curb at that location is between 7 and 8 feet. This measurement for a potential
parking lane meets the State Aid standards. Walker Street in this location is a two-lane road
with a design speed of 30 mph and an average daily traffic (ADT) count of 4000.
A letter was sent to properties in the area regarding the proposed change looking for comment.
No comments were received.
Resolutions: These parking restrictions were enacted in 1982 through the adoption of
Resolution 7039. There are a number of other restrictions mentioned in the resolution that will
remain in place. So, staff does not recommend rescinding the resolution in its entirety. The
recommended action is to approve the attached resolution which will:
• Rescind Item 3e.
• Enact parking restrictions on the north side of Walker Street from Louisiana Avenue to
210 feet east of Louisiana Avenue. This segment of road is within the throat of the
roundabout and is not wide enough to accommodate parking.
• Rescind Item 4, which references 5-minute limits for parallel parking stalls on the north
side of Walker Street west of Lake Street. These restrictions are not currently signed
and are not needed any longer.
City council meeting of August 19, 2019 (Item No. 4g) Page 3
Title: Traffic Study 706 – Removal of parking restrictions on Walker Street
Resolution No. 19-____
Resolution authorizing removal of parking restrictions on Walker Street
Whereas, the City of St. Louis Park received a request to evaluate parking restrictions on
Walker Street between Louisiana Avenue and Republic Avenue; and
Whereas, the traffic committee has reviewed the request and recommended the removal
of parking restrictions on the north side of Walker Street from Republic Avenue to the driveway
at 3501 Louisiana Avenue due to there being sufficient room for a parking lane; and
Whereas, the traffic committee also recommended the removal of the 5-minute timed
parking restrictions due to the restriction not having been signed or needed any longer; and
Whereas, St. Louis Park is committed to providing a variety of options for people to make
their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that item 3e and 4 of Resolution 7039 be rescinded.
It is further resolved by the City Council of the City of St. Louis Park, Minnesota, that the
Engineering Director is hereby authorized to:
1.Install parking restrictions on the north side of Walker Street from Louisiana
Avenue to 210 feet east of Louisiana Avenue.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of August 19, 2019 (Item No. 4g)
Title: Traffic Study 706 – Removal of parking restrictions on Walker Street Page 4
St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416
www.stlouispark.org • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518
July 26, 2019
RE: Request for removal of parking restrictions on Walker Street
Dear resident, business owner, or property owner,
The city has received a request to remove parking restrictions on Walker Street west of Republic
Avenue. See the picture below where the green line represents the proposed parking restriction
removal.
The city’s traffic committee recommends the parking restrictions as shown to be removed. Business
owners in the area have concerns for the availability of parking in the area. It was determined that the
space on the north side of Walker Street west of Republic Avenue between the bike lane and curb is
wide enough to accommodate parked vehicles safely.
If you have any comments or questions regarding this proposal, please contact me at 952.924.2669 or
bmanibog@stlouispark.org by Monday, August 12. Comments received will be summarized in the
report given to city council when the proposal is up for approval on Monday, August 19.
Sincerely,
Ben Manibog
Transportation Engineer
Cc: Debra Heiser, Engineering Director
Rachel Harris, Ward 3 Council Member
Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 4g)
Title: Traffic Study 706 – Removal of parking restrictions on Walker Street Page 5
Meeting: City council
Meeting date: August 19, 2019
Action agenda item: 5a
Executive summary
Title: Appointment of youth and regular representatives to boards and commissions
Recommended action: Motion to appoint youth and regular representatives to the boards and
commissions as listed in exhibit A.
Policy consideration: Does the city council wish to appoint the youth and regular
representatives listed in exhibit A to serve on the boards and commissions listed for the
respective terms?
Summary: Youth members are appointed to one-year terms, beginning on August 31 of each
year. During the recruitment cycle, the city received five youth applications including Zoe Frank
and Amaya Fukuo who applied for reappointment to the Environment and Sustainability
Commission (ESC) and Human Rights Commission (HRC) respectively. New applicants include
Thorwald Anderson, Dahlia Krebs and Noal Orloff. All applicants are extremely impressive
students who are interested in dedicating their time to service in the community.
In addition, regular members are appointed to a three-year term beginning May 31 of each
year. If appointed, Megan Hanson will fill a vacancy on the Police Advisory Commission with a
term expiration of May 31, 2020.
Following appointment by the council, all applicants will receive notification of their
appointment and will participate in an orientation program with their staff liaison prior to the
start of their service.
Financial or budget considerations: Not applicable.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Exhibit A
Prepared by: Maria Carrillo Perez, Senior Management Analyst
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 5a) Page 2
Title: Appointment of youth and regular representatives to boards and commissions
Exhibit A
Name Board/Commission Term Expiration
Thorwald Anderson Environment & Sustainability – youth member 8/31/2020
Zoe Frank Environment & Sustainability – youth member 8/31/2020
Amaya Fukuo Human Rights Commission – youth member 8/31/2020
Dahlia Krebs Parks and Recreation Advisory Commission – youth
member 8/31/2020
Noah Orloff Police Advisory Commission- youth member 8/31/2020
Megan Hanson Police Advisory Commission- regular member 5/31/2020
Meeting: City council
Meeting date: August 19, 2019
Public hearing: 6a
Executive summary
Title: First reading of ordinance vacating portions of drainage and utility easements at 2631 and
2635 Xylon Ave S
Recommended action: Mayor to open the public hearing, take testimony, and then close the
public hearing. Motion to approve the first reading of Ordinance vacating portions of drainage
and utility easements and set the second reading of an ordinance for September 3, 2019.
Policy consideration: Are the drainage and utility easements needed for public purposes?
Summary: The applicants request to vacate portions of drainage and utility easements located
at 2631 and 2635 Xylon Avenue South. The easement proposed to be vacated is 10 feet wide
and centered on the property line between 2631 and 2635 Xylon Avenue South; five feet of
easement on each property. (See attached exhibit.)
Bradley Torell and Makayla Reimers, the owner of 2631 Xylon Avenue South, would like to
construct a new two-car garage located two feet from the lot line, which is the minimum
allowed setback for accessory buildings. The city, however, does not allow buildings to be
constructed in easements, so if the easement is not vacated, then the garage would have to be
located five feet away from the lot line.
Conner Kirkpatrick and Julia Staheli are the owners of 2635 Xylon Avenue South. They co-signed
the petition so that the remaining portion of the easement located on their property would
also be vacated.
The easements to be vacated are not needed by the city or utility companies for any public
purpose.
A public hearing is required for the vacation request. The ordinance requires an affirmative
vote of at least five councilmembers.
Financial or budget considerations: None at this time.
Strategic priority consideration: Not applicable.
Supporting documents: Plat
Map of easements to be vacated
Draft ordinance
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 6a) Page 2
Title: First reading of ordinance vacating portions of drainage and utility easements at 2631 and 2635 Xylon Ave S
Plat
3743 Monterey
4400 Excelsior
4424 Excelsior
2635
2631
City council meeting of August 19, 2019 (Item No. 6a) Page 3
Title: First reading of ordinance vacating portions of drainage and utility easements at 2631 and 2635 Xylon Ave S
Map of utility easements to be vacated
2635
2631
City council meeting of August 19, 2019 (Item No. 6a) Page 4
Title: First reading of ordinance vacating portions of drainage and utility easements at 2631 and 2635 Xylon Ave S
Draft Ordinance
Ordinance No. ___-19
An ordinance vacating portions of drainage and utility easements
2631 and 2635 Xylon Avenue South
The City of St. Louis Park does ordain:
Section 1. The petition to vacate the drainage and utility easements was initiated by
Bradley Torell and Makayla Reimers, owners of 2631 Xylon Avenue South, and by Conner
Kirkpatrick and Julia Staheli, owners of 2635 Xylon Avenue South. The notice of said petition has
been published in the St. Louis Park Sailor on August 8, 2019 and the city council has conducted
a public hearing upon said petition and has determined that the easements are not needed for
public purposes.
Section 2. The following described easements as now dedicated and laid out within the
corporate limits of the City of St. Louis Park and shown in attachment A, are vacated:
That part of the utility easement as shown on the plat of West Texa-Tonka Hills,
Hennepin County, Minnesota; being the west 5 feet of Lot 18, Block 1 in said
West Texa-Tonka Hills.
And
That part of the utility easement as shown on the plat of West Texa-Tonka Hills,
Hennepin County, Minnesota; being the East 5 feet of Lot 19, Block 1 in said
West Texa-Tonka Hills.
Section 3. The city clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Section 4. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the city council (date)
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
Public hearing/first reading August 19, 2019
Second reading September 3, 2019
Date of publication
Date ordinance takes effect
City council meeting of August 19, 2019 (Item No. 6a) Page 5
Title: First reading of ordinance vacating portions of drainage and utility easements at 2631 and 2635 Xylon Ave S
Attachment A
Meeting: City council
Meeting date: August 19, 2019
Public hearing: 6b
Executive summary
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Recommended action: Mayor to open the public hearing, take testimony, and then close the
public hearing. Motion to approve first reading of an ordinance vacating a portion of a utility
easement and set the second reading of ordinance for September 3, 2019.
Policy consideration: Is the utility easement needed for public purposes?
Summary: The applicant, Peter McDaniel on behalf of Extra Space Storage, proposes to vacate a
portion of a utility easement located at 5051 Highway 7 to allow for the construction of an
addition to the Extra Space storage facility located on the subject property. If approved, the
applicant will construct a three-story, 47,400 square foot addition to the existing two-story,
124,341 square foot self-storage facility.
The only utility in the easement is a privately-owned waterline that services a privately-owned
fire hydrant. Technically, a utility easement is not necessary for a private utility. Additionally,
the easement is not needed by the city or utility companies for any public purpose. The private
waterline and hydrant will be relocated as a result of the building expansion and will remain
privately owned.
A public hearing is required for the vacation request. The second reading of the ordinance is
scheduled for the September 3, 2019 city council meeting, on the consent agenda.
The ordinance requires an affirmative vote of at least five councilmembers.
Financial or budget considerations: None at this time.
Strategic priority consideration: Not applicable.
Supporting documents: Site location map
Map of easements to be vacated
Draft ordinance
Prepared by: Gary Morrison, Assistant Zoning Administrator
Reviewed by: Sean Walther, Planning and Zoning Supervisor
Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 6b) Page 2
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Site location map.
City council meeting of August 19, 2019 (Item No. 6b) Page 3
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Map of utility easements to be vacated.
City council meeting of August 19, 2019 (Item No. 6b) Page 4
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Draft Ordinance
Ordinance No. ___-19
An ordinance vacating portions of utility easements
5051 Highway 7
The City of St. Louis Park does ordain:
Section 1. The petition to vacate the utility easements was initiated by Peter McDaniel on
behalf of the property owner, Extra Space Props Two LLC. The notice of said petition has been
published in the St. Louis Park Sailor on August 8, 2019 and the city council has conducted a
public hearing upon said petition and has determined that the easement is not needed for
public purposes, and that it is for the best interest of the public that said easements be vacated.
Section 2. The following described easement is as now dedicated and laid out within the
corporate limits of the City of St. Louis Park and shown in attachment A, are vacated:
That part of the 30 foot wide Utility Easement over, under and across part of Lot
1, Block 1 of Dalquist Industrial Park, according to the recorded plat thereof, on
file in the Office of the County Recorder, Hennepin County, Minnesota,
described as follows:
Commencing at the southwest corner of said Lot 1; thence N00-20-03E, assumed
bearing, along the west line of said Lot 1, 177.02 feet to the southwest corner of
said easement; thence S89-25-04E, along the south line of said easement, 190.00
feet; thence N00-20-03E, 30.00 feet to the north line of said easement; thence
N89-25-04W, along said north line, 190.00 feet to the west line of said Lot 1;
thence S00-20-03W, along said west line, 30.00 feet to the point of beginning.
Section 3. The city clerk is instructed to record certified copies of this ordinance in the
Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be.
Section 4. This ordinance shall take effect fifteen days after its publication.
Reviewed for administration: Adopted by the city council (date)
Thomas K. Harmening, City Manager Jake Spano, Mayor
Public hearing/first reading August 18, 2019
Second reading September 3, 2019
Date of publication
Date ordinance takes effect
City council meeting of August 19, 2019 (Item No. 6b) Page 5
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
City council meeting of August 19, 2019 (Item No. 6b) Page 6
Title: First reading of ordinance vacating portions of a utility easement for 5051 Highway 7
Meeting: City council
Meeting date: August 19, 2019
Public hearing: 6c
Executive summary
Title: First reading interim ordinance extending moratorium on use and development of 3745
Louisiana Ave. S.
Recommended action: Mayor to open the public hearing, accept testimony, and close the
public hearing. Motion to approve first reading of an interim ordinance extending the
moratorium temporarily restricting development at 3745 Louisiana Avenue South, St. Louis
Park (“Subject Property”) and set the second reading for August 26, 2019 at a city council
special meeting.
Policy consideration: Does city council support extending the moratorium temporarily
restricting the use and development of the building and lands located on the Subject Property
for up to 120 days to allow more time for the city to enact changes to the land use and other
city’s official controls that were recommended in the land use and development study?
Summary: The Subject Property is a 13-acre site and contains an approximately 150,000-square-
foot building located adjacent to a future light rail transit station. The building has been vacant
since Sam’s Club closed on January 26, 2018. It is currently guided for commercial use and zoned
C2 General Commercial. The city, through the process to update the comprehensive plan,
proposed a change to the land use. City council directed staff to conduct a study of the site
conditions, land use and the city’s official controls for the Subject Property on August 20, 2018.
Council received reports regarding the study progress and findings on March 11 and May 28, 2019.
There are substantial concerns that the city’s official comprehensive plan future land use map and
zoning ordinance provisions relating to the Subject Property do not adequately address issues
relating to the present use, future land use, development or redevelopment of this vacant
property. The city’s concerns include, and are not limited to, compatibility with existing uses,
recent public improvements, planned future land uses, and the planned light rail transit station in
the area surrounding the Subject Property.
Temporary restrictions on the use and development of the Subject Property are needed to
prevent use and development that might be inconsistent with potential changes to the city’s
official controls resulting from the study. The original moratorium expires September 14, 2019.
Financial or budget considerations: The study costs were paid with existing budgeted resources
and did not require separate city council authorization.
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Interim ordinance
Prepared by: Sean Walther, Planning and Zoning Supervisor
Reviewed by: Karen Barton, Community Development Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 6c) Page 2
Title: First reading interim ordinance extending moratorium on use and development of 3745 Louisiana Ave. S.
City of St. Louis Park
Hennepin County, Minnesota
Ordinance No.____-19
An ordinance extending a moratorium on
The use and development of the building and lands
Located at 3745 louisiana avenue south
The City of St. Louis Park does ordain:
Section 1. Findings.
1.01. The City adopted Ordinance No. 2542-18 An Interim Ordinance Establishing a
Moratorium on the Use and Development of the Building and Lands Located at 3745 Louisiana
Avenue South on August 27, 2018.
1.02. The City made the following findings in support of adopting Ordinance No. 2542-
18:
•There are substantial concerns that the city’s official comprehensive plan future
land use map and zoning ordinance provisions relating to the Subject Property do
not adequately address issues relating to the present use, future land use,
development or redevelopment of this vacant property.
•The city’s concerns include, and are not limited to, compatibility with existing uses,
recent public improvements, planned future land uses, and the planned light rail
transit station in the area surrounding the Subject Property.
•As a result of the important land use and zoning issues cited above the city council
finds that it is necessary to conduct a study to address the types of
developments and land uses that are appropriate on the Subject Property. The
study may also identify appropriate changes, if any, that should be made to the
city’s official land use controls, including but not limited to the city’s zoning
ordinance and comprehensive plan.
•The city council directs the planning and zoning division staff to conduct a study for
the purpose of consideration of possible amendments to the city’s official controls
to address the issues concerning the subject property.
•The city finds that this interim ordinance must be adopted to protect the planning
process and the health, safety and welfare of the citizens.
1.03. Ordinance No. 2542-18 expires on September 13, 2019.
City council meeting of August 19, 2019 (Item No. 6c) Page 3
Title: First reading interim ordinance extending moratorium on use and development of 3745 Louisiana Ave. S.
1.04. The City is considering a Comprehensive Plan Amendment for 3745 Louisiana
Avenue South.
1.05. The City held a neighborhood meeting on the Comprehensive Plan Amendment
for 3745 Louisiana Avenue South on August 8, 2018.
1.05 Minn. Stat. § 462.355 subd. 2 requires a planning commission to hold a public
hearing before a city adopts a comprehensive plan amendment.
1.06 A City Planning Commission Public Hearing on the Comprehensive Plan
Amendment for 3745 Louisiana Avenues South is scheduled for August 21, 2019.
1.07 Minn. Stat. § 462.355 subd. 4 (d) permits cities to extend an interim ordinance
“up to an additional 120 days following the completion of any other process required by state
statute, federal law, or court order, when the process is not completed at least 30 days before
the expiration of the interim ordinance.”
1.08 The public hearing required by Minn. Stat. § 462.355 subd. 2 will not be
completed 30 days before the expiration of Ordinance 2542-18.
1.09 The City Council will not be able to review the Planning Commission’s
recommendation on the proposed Comprehensive Plan Amendment until after September 13,
2019.
Section 2. Interim Ordinance Extension. Ordinance No. 2542-18 is hereby extended for
120 days.
Section 3. Duration. This Ordinance takes effect fifteen days after its publication and
shall remain
First Reading August 19, 2019
Second Reading August 26, 2019
Date of Publication August 29, 2019
Date Ordinance Takes Effect September 13, 2019
Reviewed for administration: Adopted by the City Council August 26, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest: Approved as to form and execution:
Melissa Kennedy, City Clerk Soren Mattick, City Attorney
Meeting: City council
Meeting date: August 19, 2019
Action agenda item: 8a
Executive summary
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service
Road
Recommended action: Motion to adopt Resolution authorizing removal of parking restrictions
on the north side of the County Road 25 Service Road west of Glenhurst Avenue (by rescinding
Resolution 91-203 item 1).
Policy consideration: The parking restrictions and their removal is allowed per the city’s
established regulatory authority.
Summary: In July 2019, a request to evaluate the parking restrictions along the County Road 25
Service Road was made by Parkway 25 and received by the traffic committee. The request was
to remove the parking restrictions on the north side of the service road across the street from
Parkway 25.
The traffic committee reviewed the request to remove the parking restrictions at the July 2019
meeting. The committee’s recommendation was to remove the parking restriction on the north
side of the service road directly across from the new parking inlet created during Parkway 25’s
construction.
It was determined that removing the parking restrictions directly across from the parking inlet
at Parkway 25 facilitated the safe movement of vehicles through this area. The inlet parking
bays created by Parkway 25 allowed those vehicles to move further away from the center of
the street, creating more room for two-way traffic to occur.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed parking changes. Three comments were received from residents through email or
phone, all were not supportive of the removal of parking restrictions.
Financial or budget considerations: The cost of enacting these controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Resolution
Resolution 91-203 - to be modified
Resident letter
Prepared by: Ben Manibog, Transportation Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 8a) Page 2
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road
Discussion
Background: In July 2019, a request to evaluate the parking restrictions along the County Road
25 Service Road was made by Parkway 25 and received by the traffic committee. The request
was to remove the parking restrictions on the north side of the service road across the street
from Parkway 25.
The traffic committee reviewed the request to remove the parking restrictions at the July 2019
meeting. The committee’s recommendation was to remove the parking restriction on the north
side of the service road directly across from the new parking inlet created during Parkway 25’s
construction.
Parking has been restricted on the north side of the service road at this location since 1991. The
restrictions were temporarily lifted during the construction of both The Shoreham and Parkway
25 starting in 2015 and 2016 to accommodate the construction crews of both projects. The
parking restrictions were re-installed following the completion of the construction of the two
complexes in 2019.
The service road through this corridor is 32 feet wide. At the new parking inlets, the road is 36
feet wide. It was determined that removing the parking restrictions directly across from the
parking inlet at Parkway 25 facilitated the safe movement of vehicles through this area. The
inlet parking bays created by Parkway 25 allowed parked vehicles to move further away from
the center of the street, creating more room for two-way traffic to occur.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed parking changes. Three comments were received from residents through email or
phone, all were not supportive of the removal of parking restrictions. Their comments are
summarized below:
• “There are often buses on that stretch of road and with cars parked on both sides of the
street, it requires someone to pull over so they can get through. I also worry that
removing the parking restriction on that stretch of road would lead people to park east
of Glenhurst Road, which has the same problem of not being wide enough for cars to be
parked on both sides. The parking restrictions did not seem to be well-enforced until
recently and driving on the road has become much more pleasant since they have been
- please keep them in place”.
• “I oppose the removal of parking restrictions on county road 25 service road. I live in the
Inglewood Trails Apartment Complex a couple of blocks away and take the bus to
downtown. Some 17 bus routes travel the service road in the morning and afternoon.
This road is already congested with parking without the restrictions, The bus has to on
occasion pull over to let cars pass prior to continuing on it's route. Adding more parking
will cause further congestion. Furthermore I travel that road myself to get to down the
stop light on France and highway 7. I even encounter traffic that has to deal congestion
due to parked cars. The parked cars have cause a couple of close calls for me on the
service road and Glenhurst Ave. I do not feel that the parking inlet that was created with
the new apartment complex was built has helped at all. If anything, in the last couple of
years with the increased housing density, the traffic and congestion has only gotten
City council meeting of August 19, 2019 (Item No. 8a) Page 3
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road
worse. I would support increasing parking restrictions to be honest, a return to the
restrictions that were previously lifted in the last year or so would help with traffic”.
• Resident called to leave a comment that they are against lifting no parking restrictions
on the south service road of Hwy 25 west of Glenhurst Ave due to the safety issues with
and difficulty maneuvering over there in the winter time with snow piled up and parked
cars taking up too much of the driving lane.
Resolution: These parking restrictions were enacted in 1991 through the adoption of
Resolution 91-203. There are other restrictions mentioned in the resolution that will remain in
place. So, staff does not recommend rescinding the resolution in its entirety. The recommended
action is to approve the attached resolution which will:
• Rescind item 1 of Resolution 91-203.
• Enact parking restrictions on the north side of the south County Road 25 Service Road
from France Avenue to 60 feet west of Glenhurst Avenue.
• Enact parking restrictions on the north side of the south County Road 25 Service Road
from Inglewood Avenue to 300 feet east of Inglewood Avenue.
City council meeting of August 19, 2019 (Item No. 8a) Page 4
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road
Resolution No. 19-____
Authorize removal of parking restrictions on County Road 25 Service Road
Whereas, the City of St. Louis Park received a request to evaluate parking restrictions on
the south County Road 25 Service Road west of Glenhurst Avenue; and
Whereas, the traffic committee has reviewed the request and recommended the removal
of the parking restrictions on the north side of the service road directly across from the parking
inlets at Parkway 25 due to their ability to move vehicles further off the road; and
Whereas, St. Louis Park is committed to providing a variety of options for people to make
their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that item 1 of Resolution 91-203 be rescinded.
It is further resolved by the City Council of the City of St. Louis Park, Minnesota, that the
Engineering Director is hereby authorized to:
1. Install parking restrictions on the north side of the south County Road 25 Service
Road from the west right of way line of France Avenue to 60 feet west of the west
right of way line of Glenhurst Avenue.
2. Install parking restrictions on the north side of the south County Road 25 Service
Road from the east right of way line of Inglewood Avenue to 300 feet east of the
east right of way line of Inglewood Avenue.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of August 19, 2019 (Item No. 8a)
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road Page 5
St. Louis Park Engineering Department • 5005 Minnetonka Blvd., St. Louis Park, MN 55416
www.stlouispark.org • Phone: 952.924.2656 • Fax: 952.924.2662 • TTY: 952.924.2518
July 26, 2019
RE: Request for removal of parking restrictions on County Road 25 Service Road
Dear resident, business owner, or property owner,
The city has received a request to remove parking restrictions on the south service road to County Road
25 west of Glenhurst Avenue. See picture below where the green line represents the proposed parking
restriction removal.
The city’s traffic committee recommends the parking restrictions as shown above to be removed. The
frontage road requires parking restrictions in order to ensure safe passage of vehicles. However, the
new parking inlet west of Glenhurst Avenue allows vehicles to get further off the road when parked.
Therefore, there is enough room for the safe passage of vehicles, so the parking restrictions can be
removed.
If you have any comments or questions regarding this proposal, please contact me at 952.924.2669 or
bmanibog@stlouispark.org by Monday, August 12. Comments received will be summarized in the
report given to city council when the proposal is up for approval on Monday, August 19.
Sincerely,
Ben Manibog
Transportation Engineer
Cc: Debra Heiser, Engineering Director
Margaret Rog, Ward 1 Council Member
Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 8a)
Title: Traffic Study 707: Authorize removal of parking restrictions on County Road 25 Service Road Page 6
Meeting: City council
Meeting date: August 19, 2019
Action agenda item: 8b
Executive summary
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and
29th Street (Petition)
Recommended action: Motion to adopt Resolution authorizing installation of all-way stop
controls on Zarthan Avenue and 29th Street.
Policy consideration: Installing traffic controls is allowed per the city’s established regulatory
authority.
Summary: Staff received a request for all-way stop signs to the intersection of Zarthan Avenue
and 29th Street in June 2018. The intersection of Zarthan Avenue and 29th Street is a three-way
intersection and currently does not have stop signs. The city’s traffic control policy and the
Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD) guide the installation of stop
signs. The policy sets out warrant criteria which an intersection should meet in order to have
stop signs installed. The stop sign warrants for traffic volume, crash history, and environmental
constraints were not met for this intersection.
The traffic committee discussed the study at the July 2018 meeting and did not recommend to
support the request because the intersection did not meet the thresholds for stop sign
installation. When the traffic committee does not recommend the installation of a traffic
control device, residents have an opportunity to petition the city council to reconsider the
committee’s recommendation.
In July 2019, staff received a petition that meets the requirements. Past practice by the council
has been to approve stop sign requests when a petition is received that meets the
requirements of the traffic control policy.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed traffic control change. Six comments were received from residents through email.
Two were in support of adding the stop signs and four were against adding the stop signs.
Financial or budget considerations: The cost to install these traffic controls is minimal and will
come out of the general operating budget.
Strategic priority consideration: St. Louis Park is committed to providing a variety of options for
people to make their way around the city comfortably, safely and reliably.
Supporting documents: Discussion
Resolution
Petition
Letter to residents
Prepared by: Ben Manibog, Transportation Engineer
Reviewed by: Debra Heiser, Engineering Director
Approved by: Tom Harmening, City Manager
City council meeting of August 19, 2019 (Item No. 8b) Page 2
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
Discussion
Background: Staff received a request for all-way stop signs to the intersection of Zarthan
Avenue and 29th Street in June 2018. The intersection of Zarthan Avenue and 29th Street is a
three-way intersection and currently does not have stop signs.
The city’s traffic control policy and the Minnesota Manual of Uniform Traffic Control Devices
(MnMUTCD) guide the installation of stop signs. The policy sets out warrant criteria which an
intersection should meet in order to have stop signs installed. The stop sign criteria for traffic
volume, crash history, and sightlines were not met for this intersection.
Stop signs are installed to control conflicting traffic movements at intersections and assign who
has the right of way. Multiple studies have found that stop signs do not slow down traffic
except in the immediate vicinity of the intersection. Also, stop sign compliance is low when
drivers believe the signs are not justified, creating an enforcement problem. Finally, they create
traffic noise and higher CO2 emissions due to vehicles slowing down, idling, and starting back
up again. Past experience has demonstrated that placing stop signs in locations where they do
not meet these conditions can potentially cause an intersection to be less safe due to low
compliance.
The traffic committee discussed the study at the July 2018 meeting and did not recommend
supporting the request because the intersection did not meet the thresholds for stop sign
installation.
When the traffic committee does not recommend the installation of a traffic control device,
residents have the opportunity to petition the city council to consider the committee’s
recommendation. Per city policy, non-qualifying devices and traffic calming methods may be
considered if both of the following are satisfied:
• 70% of properties within a 600-foot radius from the location sign a petition or a
neighborhood association supports a neighborhood study and calming strategy.
• Special studies and installation of traffic calming controls (except signs) would be at
residents or neighborhood cost (specifically assessed to benefitted residents or areas).
The city has received the attached petition that meets the requirements listed above. Past
practice by the council has been to approve stop sign requests when a petition is received that
meets the requirements of the traffic control policy.
A letter was sent to the surrounding area looking for comments and concerns regarding the
proposed traffic control change. Six comments were received from residents through email.
Two were in support of adding the stop signs and four were against adding the stop signs. Their
comments are summarized below:
In support of the addition of stop signs (2 comments):
• “I signed my neighbors petition and I'm in favor of North/South stop signs. There is no
need for East bound. There was hit an run last year that killed a small dog and new
residents on the 2800 block of Zarthan have young children. I'm retired and home a lot
to witness many young drivers going way too fast. They tend go even faster through
that intersection because 29th does not go through. While you state that stop signs
City council meeting of August 19, 2019 (Item No. 8b) Page 3
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
don't slow traffic, I beg to differ in this case. One more stop sign isn't going to upset
anyone's life”.
• “I have not seen any other remedies proposed by the city to attempt to address the
reckless nature of the traffic passing through our Birchwood neighborhood. From my
understanding, the speed limit on residential streets is 30mph and that the city of St
Louis Park is unwilling to change this limit, even though when I drive through other cities
like Edina and Minnetonka they post 25mph. While I agree with your assessment of
higher traffic noise, more CO2, and that certain drivers will find the signs are not
justified. I do not agree that because the city is unable to 100% enforce every stop sign -
that is justification for not putting in any stop signs. That's like saying speed limits create
enforcement problems... Why have any traffic laws if they just create enforcement
problems? Again, I would like to see the city offer solutions, and not just "we can't do
anything and we recommend not doing anything", that residents can enact to make the
streets where we live and our kids play safer”.
Against the addition of stop signs (4 comments):
• “Upon further consideration after reading your letter of July 26, 2019, I have decided to
remove my name from the petition that was circulated. Not only was I unaware that
the main reason for the petition was as a speed deterrent, but since signing I have spent
time observing the traffic on Zarthan Ave and have noticed no rash of speeding. I
believe that your finding about a stop sign’s effectiveness in slowing down traffic is
correct and that the city’s limited resources can be utilized in a better way”.
• “We have lived next to Birchwood park for 13 years. Of course there are times when I
feel cars drive too quickly. I also sometimes am probably going faster than 30mph on
the approach to this intersection from the north because I am coming up the hill. All
that said, I have never felt like a stop sign was necessary at 29th from a traffic control or
safety perspective. I signed the petition in large part because my neighbor asked me to
and both our families have young children. I can understand the frustration of feeling
like people are driving too fast when there are no sidewalks. I also feel like having the
Step2 KidAlert “signs” on both sides of the street there should be enough to alert people
to slow a bit and pay more attention. And as far as I can tell, that is the entire goal here.
I appreciate the attention the city pays to these requests and that there is a metric in
place to make these decisions”.
• “While my wife signed the petition (not realizing herself that it was circulated after a
thorough review had been done and the Traffic Committee did not recommend
installation), I did not have the opportunity to sign the petition and nonetheless am
opposed to the stop sign given the Committee’s recommendation and the additional
points raised in the second paragraph of your letter”.
• “I received your letter concerning a stop sign on 29th St and Zarthan. What a waste of
tax money that would be ! I have lived on the corner of 28th and Zarthan for 44 years. I
have never observed cars going over the speed limit on Zarthan. I have observed a
hysterical mother flag cars down going between 22-24 miles an hour and asking them to
slow down. I noticed that the street was metered for a short period of time , so I am
sure you know that no one is speeding. I believe this women instigated this petition and
any neighbors who may have signed it did it to be neighborly”.
City council meeting of August 19, 2019 (Item No. 8b) Page 4
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
Resolution No. 19-____
Authorize installation of all-way stop controls at Zarthan Avenue and 29th
Street (Petition)
Whereas, the City of St. Louis Park, Minnesota received a request for stop signs at the
intersection of Zarthan Avenue and 29th Street; and
Whereas, the traffic committee has reviewed the request and did not recommend
installation of stop signs for the intersection of Zarthan Avenue and 29th Street; and
Whereas, non-qualifying devices may be considered if seventy (70) percent of residents
within a six hundred (600) foot radius from the intersection petition; and
Whereas, city staff received a completed and valid petition requesting the installation of
all-way stop signs at the intersection of Zarthan Avenue and 29th Street; and
Whereas, St. Louis Park is committed to providing a variety of options for people to make
their way around the city comfortably, safely, and reliably.
Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota,
that the Engineering Director is hereby authorized to:
1. Install stop signs on all of the approaches of the intersection of Zarthan Avenue and
29th Street.
Reviewed for administration: Adopted by the City Council August 19, 2019
Thomas K. Harmening, City Manager Jake Spano, Mayor
Attest:
Melissa Kennedy, City Clerk
City council meeting of August 19, 2019 (Item No. 8b)
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
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City council meeting of August 19, 2019 (Item No. 8b)
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City council meeting of August 19, 2019 (Item No. 8b)
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
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July 26, 2019
RE: Proposed installation of all-way stop signs on Zarthan Avenue and 29th Street
Dear resident, business owner, or property owner,
Last year, the traffic committee received a request to investigate the installation of all-way stop signs on
Zarthan Avenue and 29th Street. The intersection currently does not have stop signs.
Stop signs are installed to control conflicting traffic movements at intersections and assign who has the
right-of-way. Multiple studies have found that stop signs do not slow down traffic except in the immediate
vicinity of the intersection. Also, stop sign compliance is low when drivers believe the signs are not
justified, creating an enforcement problem. Finally, they create traffic noise and higher CO2 emissions
due to vehicles slowing down, idling, and starting back up again.
Due to these potential impacts of installing stop signs, we take such requests seriously and complete a
thorough review of the intersection, using established industry standards to develop our
recommendations.
The results of the study are that this intersection does not meet the criteria for installation of all-way stop
control. The Traffic Committee does not recommend installation of additional stop signs where these
criteria are not met. Past experience has demonstrated that placing stop signs in locations where they do
not meet these conditions can potentially cause an intersection to be less safe due to low compliance.
When the committee does not recommend the installation of a traffic control device, residents have an
opportunity to petition the City Council to consider the committee’s recommendation. Non-qualifying
traffic control devices may brought to the council if 70% of residents within a 600 foot radius from the
location sign a petition. We have received a petition that meets these requirements.
This all-way stop sign petition is scheduled to be brought before City Council for consideration on Monday,
August 19, at the regular council meeting.
If you have any comments or questions regarding this request, please contact me at (952) 924-2669 or
bmanibog@stlouispark.org by Monday, August 12. Comments received will be summarized in the
report given to council
Sincerely,
Ben Manibog
Transportation Engineer
Attachment: Stop sign traffic study for Zarthan Avenue and 29th Street
Cc: Debra Heiser, Engineering Director
Margaret Rog, Ward 1 Council Member
Tom Harmening, City Manager
Birchwood neighborhood association
City council meeting of August 19, 2019 (Item No. 8b)
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
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Stop sign study for Zarthan Avenue and 29th Street
The city’s traffic control policy and the MN Manual of Uniform Traffic Control Devices (MnMUTCD) guide
the installation of stop or yield signs. Past experience has demonstrated that placing stop signs in
locations where they do not meet certain conditions can potentially cause an intersection to be less
safe. We therefore take such requests seriously and complete a thorough review of the intersection,
using established industry standards to develop our recommendations.
Stop Signs:
Stop or yield signs should be considered at the intersection of two minor streets or local roads where
the intersection has more than three approaches and where one of the following conditions exist:
1.Combined vehicular, bicycle, and pedestrian volumes entering the intersection from all
approaches averages more than 2,000 units a day.
The traffic volumes at this intersection were collected using traffic counters. There were
375 vehicles a day entering the intersection.
The traffic volumes did not meet the threshold for a stop sign or yield sign.
2.Crash records indicate five or more accidents within a three year period.
Crash history showed there were zero reported accidents in the last three years.
The crash history did not meet the threshold for a stop sign or yield sign.
3.The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop
or yield in compliance with the normal right of way rule if stopping or yielding is necessary.
The sightlines at this intersections were found to be clear. There is adequate ability for
drivers to apply the normal right of way rule if stopping or yielding.
The sightlines did not meet the threshold for a stop sign or a yield sign.
Due to not meeting any of the above conditions for a stop or yield sign, the traffic committee
recommends that the intersection remain as it is today.
City council meeting of August 19, 2019 (Item No. 8b)
Title: Traffic Study 708: Authorize installation of all-way stop controls at Zarthan Avenue and 29th Street (Petition)
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