HomeMy WebLinkAbout2021/04/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA
APRIL 19, 2021
All meetings of the St. Louis Park City Council will be conducted by telephone or other electronic
means starting March 30, 2020, and until further notice. This is in accordance with a local
emergency declaration issued by the city council, in response to the coronavirus (COVID-19)
pandemic and Governor Walz's “Stay Safe MN” executive order 20-056. The chief administrator
has determined that in-person council or commission/committee meetings are not feasible at
this time due to the pandemic.
EDA meeting canceled; Regular city council meeting at 6:30 p.m.
Some or all members of the St. Louis Park City Council will participate in the April 19, 2021 city
council meeting by electronic device or telephone rather than by being personally present at
the city council's regular meeting place at 5005 Minnetonka Blvd. Visit bit.ly/slpccagendas to
view the agenda and reports.
Members of the public can monitor the meeting by video and audio at bit.ly/watchslpcouncil
and on local cable (Comcast SD channel 17 and HD channel 859). For audio only call
+1.312.535.8110 and use access code 372 106 61.
Members of the public who want to address the city council during the regular meeting about
items on the agenda should call the 952.562.2886. Call when the meeting starts at 6:30 p.m.
and follow instructions provided. Comments will be taken during each item in the order they
are received and must relate to an item on the current city council agenda.
Special study session immediately following city council meeting
The St. Louis Park City Council will meet by videoconference for a special study session immediately
following the regular city council meeting. Visit bit.ly/slpccagendas to view the agenda and reports.
Members of the public can monitor the meeting by video and audio at bit.ly/watchslpcouncil or by
calling 1.312.535.8110 and using access code 372 106 61 for audio only.
6:30 p.m. CITY COUNCIL MEETING
1.Call to order
1a. Pledge of allegiance
1b. Roll call
2.Presentations
2a. 2021 Volunteer and Board and Commission Member Proclamation
3.Approval of minutes
3a. Study session meeting minutes of March 8, 2021
3b. City council meeting minutes of March 15, 2021
3c. Special city council meeting minutes of March 22, 2021
4.Approval of agenda and items on consent calendar
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.)
4a. • Approve second reading and adopt Ordinance vacating portions of storm sewer
easement, force main sewer easement, and drainage and utility easement and
approve the Summary Ordinance for publication; and
Meeting of April 19, 2021
City c ouncil agenda
•Approve second reading and adopt Ordinance amending Section 36-244(e)(6) of the
zoning code and approve the Summary Ordinance for publication.
4b. Approve second reading and Adopt ordinance granting a cable television franchise to
Comcast of Minnesota, LLC and approve the summary ordinance for publication.
4c. Adopt Resolution approving cancellation of special assessments -1400 Pennsylvania Ave S,
St. Louis Park, MN 55426, 3915 31st St W, St. Louis Park, MN 55416 and 4261 Utica Ave S,
St. Louis Park, MN 55416.
4d . Approve a temporary on-sale liquor license for Church of the Holy Family at 5925 West
Lake Street for their event to be held May 22, 2021.
4e . Approve for filing planning commission minutes of March 3, 2021.
4f . A pprove for filing planning commission minutes of March 17, 2021.
5.Boards and commissions – None
6.Public hearings -- None
7.Requests, petitions, and communications from the public – None
8.Resolutions, ordinances, motions and discussion items -- None
9.Communications – Public safety briefing from Police Chief Mike Harcey (verbal)
**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 public, that item may be moved to an appropriate section of the
regular agenda for discussion.
Immediately following the city council meeting
SPECIAL STUDY SESSION
Discussion items
1. 90 min. Governmental accounting overview
2. 60 min. Connect the Park policy discussion
Written reports
3. Boards and commissions appointment process update
St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17
and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at
www.parktv.org, and saved for video on demand replays. During the COVID-19 pandemic, agendas will be posted on Fridays on
the entrance doors to city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available after
noon on Friday on the city’s website.
If you need special accommodations or have questions about the meeting, please call 952.924 .2525.
Meeting: City council
Meeting date: April 19, 2021
Presentation: 2a
Executive summary
Title: 2021 V olunteer and Board and Commission Member Proclamation
Recommended action: Mayor to read and give thanks and appreciation to city volunteers and
board and commission volunteers. This is for camera purposes, and the video will be shared
with volunteers and social media in honor of National Volunteer Week, April 18-24, 2021.
Policy consideration: None
Summary: Despite 2020 being an unprecedented year, volunteers continued to contribute to
the community in a safe manner. In the last year, the City of St. Louis Park volunteers
contributed in the following ways:
•While the nature center was open, volunteers assisted with trail and maintenance projects,
programming, receptionist coverage, animal care and event support.
•The city had 97 hydrants adopted through the Hydrant Hero program. Hydrant Heroes dig
out their hydrants each winter, ensuring quick access in case of an emergency.
•The city benefited from volunteers who tended to more than 40 parks and public spaces
and 24 gardens on a regular basis.
•Fire hydrant painting continued for its fifth year, with volunteers helping to paint hydrants
in need of a fresh coat of paint.
•The city partnered with the St. Louis Park School District, Benilde -St. Margaret and Beth El
Synagogue to engage youth and children in our park and event opportunities until March
2020.
•Volunteers supported community events including the Health in the Park Fair, Home
Remodeling Fair and Westwood Hills Nature Center Halloween Party.
•Health in the Park Champions served by meeting to provide recommendations on grant
approval and review of other health and wellbeing initiatives in the Park.
•The city has 95 volunteers serving on 12 different boards and commissions that act in an
advisory capacity to the city council and participate in various city-wide initiatives that
enhance community engagement.
Financial or budget considerations: Not applicable.
Strategic priority consideration: Not applicable.
Supporting documents: Proclamation
Prepared by: Ali Timpone, interim human resources officer
Approve d by: Tom Harmening, city manager
City council meeting of April 19, 2021 (Item No. 2a) Page 2
Title: 2021 Volunteer and Board and Commission Member Proclamation
Proclamation
Honoring City Volunteers and
Board/Commission Members
Whereas citizen involvement enhances the quality and responsiveness of public
decision -making and the progress of the community; and
Whereas city volunteers are an essential part of St. Louis Park, vital to our future as a
caring and productive community; and integral to our vision of becoming a connected and
engaged community; and
Whereas city volunteers continue to selflessly give their compassion, time and
commitment to better their community and the lives of others; and
Whereas city volunteers continue to make a difference through their hard work,
dedication and outstanding contributions to the City of St. Louis Park; and
Whereas appointed board and commission members serve in an unpaid and advisory
capacity to the City of St. Louis Park City Council and are conferred various degrees of decision-
making power of the city; and
Whereas the City of St. Louis Park welcomes its citizens to share their talents and
perspectives by serving on an advisory board or commission;
N ow, therefore let it be known that the mayor and city council of the City of St. Louis
Park do hereby commend volunteers of St. Louis Park and the appointed members of St. Louis
Park boards and commissions for their dedicated service and outstanding contributions to
improving the quality of lives of others, and supporting our community and its people.
Wherefore , I set my hand and cause the Great Seal
of the City of St. Louis Park to be affixed this 19th
day of April, 2021.
______________________________________
Jake Spano, mayor
Meeting: City council
Meeting date: April 19, 2021
Minutes: 3a
Unofficial minutes
City council study session
St. Louis Park, Minnesota
March 8, 2021
The meeting convened at 6:30 p.m. by Mayor Pro Tem Rog.
Councilmembers present: Mayor Jake Spano (arrived at 6:40 p.m.), Tim Brausen, Lynette
Dumalag, Rachel Harris, Larry Kraft, Nadia Mohamed, and Margaret Rog
Councilmembers absent: none
Staff present: City Manager (Mr. Harmening), CIO (Mr. Pires), City Attorney (Mr. Mattick),
Deputy City Manager/Human Resources Director (Ms. Deno), Police Chief Harcey, Racial Equity
Manager (Mx. Sojourner), Community Organizer (Mr. Gray), Communications Manager (Ms.
Smith), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas)
Guests: Members of the Community Technology Advisory Commission: Bruce Browning, Abe
Levine, Jonathan Ralton, Mike Siegler, Kelly Heitz, Cindy Hoffman, Theo Pohlen
Aaryn Anderson, Sandeep Sing and Shawn Wood with Insight Public Sector
1. Community technology advisory commission (CTAC) smart cities initiative
Ms. Smith introduced the commission members and guests.
Mr. Wood described their services and how they work with clients, including the city of St. Louis
Park, to modernize cities to become a Smart City.
Mr. Pires thanked the CTAC members, city staff, and Insight for their work on the Smart City
scope. He stated the Smart City goal is to apply technology to improve the quality of life in
scope of council goals.
The CTAC presented three projects they have been working on. Mr. Pires noted other local
cities have been calling city staff for information, and St. Louis Park is a leader on Smart Cities at
this time.
Mr. Levine presented on the commission’s environment committee, noting their work is aligned
to the city strategic priorities. Mr. Levine explained options that were considered for discussion
and ideas by the committee including bike and pedestrian sensing, smart building, electric
vehicle, and climate action dashboard.
Mr. Siegler discussed the connected community and digital divide, lack of broadband internet
and computer access, and how to ensure that all can participate and thrive in the digital world,
especially in St. Louis Park.
City council meeting of April 19, 2021 (Item No. 3a) Page 2
Title: Study session minutes of March 8, 2021
Ms. Heitz presented on the geographic information system (GIS) enabled applications. She
noted the goal is to improve data availability to both city departments and community
members, particularly for the goals outlined in the council strategic priorities.
Councilmember Brausen thanked the commission for their work. He asked about the GIS
dashboard and if it is in place at Hennepin County. Ms. Heitz stated yes. Councilmember
Brausen stated he would like to see more on this. He added he sees this work as integral to the
CAP, noting costs will need to be looked at, but he supports the work of all three sub-groups.
Councilmember Kraft asked what feedback the commission wants from council. Mr. Levine
stated the commission wants to be sure they are on the right track and if the projects are
meaningful. He added the commission is not looking for funding from the council.
Councilmember Kraft stated the commission did an excellent job framing this and he
encourages this approach. He added bikes and pedestrians tie into this also, and he would like
to see the goals around this as well, and how to get more use out of sidewalks, bikeways, and
roads. Councilmember Kraft added this work can be put into a pilot as well.
Councilmember Kraft asked if there is a way to know the racial makeup of those who do not
have computers in St. Louis Park, or do not have internet service. Mr. Siegler stated he would
like to get this data. He noted computers at the library are always checked out and some areas
are underserved when it comes to Wi-Fi.
Councilmember Kraft asked if this would be an opportunity to partner with Hennepin County.
He likes the direction of more data and transparency and would like to see use of the ped bike
counting app here. He also likes the idea of pilot projects and rapid experimentation.
Councilmember Rog thanked the commission for their excellent work. She appreciated that the
commission worked so closely with staff from different departments and wants to see more of
this integration.
Councilmember Rog stated she likes the idea of a regional approach, which the city can model
and lead, and others can join. She asked if the commission participated in the cable franchise
workshops last year, and if they integrated that feedback into their processes. Mr. Siegler
stated yes, adding that quality of service and customer service was discussed. He added the city
will not be a cable provider but could help facilitate more equal distribution of cable.
Councilmember Rog stated these are great ideas adding she agrees with Councilmember Kraft
and is hopeful on community benefit of GIS. She added she is curious about the data on
residents that do not have computers, stating the numbers seem low. Mr. Siegler stated he
would dig deeper into this.
Councilmember Rog stated she is supportive of the direction the commission is taking and
asked if the committees will all work simultaneously.
Mr. Levine stated the committees will operate independently and in parallel.
City council meeting of April 19, 2021 (Item No. 3a) Page 3
Title: Study session minutes of March 8, 2021
Councilmember Rog reminded the commission to be mindful of unintended consequences
around technology and data and potential risks both to privacy, safety, and security.
Councilmember Harris stated she is impressed with the work of the commission and their
thoughtful and comprehensive approach. She likes the environmental projects, which are linked
to the strategic plan, noting the dashboard is an invaluable addition to the city’s tools especially
when explaining to residents the importance of a 1-3% tax levy increase. She noted the
dashboard can be used to articulate outcomes. Councilmember Harris stated she is supportive
of this work being done by the sub-groups in parallel and it would be helpful for residents to
have a visual way to understand summer road construction. Ms. Heitz stated yes this can be
done, adding some cities have more data sharing and use apps that residents can access.
Councilmember Harris asked how many youth members are on CTAC. Mr. Pohlen stated he is
the only youth member. Councilmember Harris asked Mr. Pohlen, from his perspective, what is
the main area to focus on. Mr. Pohlen stated the main area would be connecting the
community and helping those that do not have access to the internet to get access. He stated
this is the most important area to address now.
Councilmember Dumalag stated she is supportive of the goals, adding that Connect the Park is
in great alignment with city priorities. She added she likes seeing technology be woven in and
she is a fan of dashboards that can help layer information especially with healthcare and
compliance.
Councilmember Mohamed agreed with the council and liked what she saw. She loves the equity
piece, which is very intentional and is addressed in the proposal and is supportive on this all
moving ahead but also cautioned on spending. She stated she looks forward to more
discussions on this.
Mayor Spano stated he is concerned seeing that 90% of folks have internet access, knowing
that means about 5,000 people in St. Louis Park do not have access. He added this does not
mean all have equitable access and this can also be a barrier.
Mayor Spano added as the commission works through these platforms, he wants to be sure
they transition and while he is interested in moving forward, one thing needs to be flagged. He
stated there has been a long history of using data to create and perpetuate racial inequity, so
he wants to be sure this is thought about in a very deliberate manner. He also is very interested
in the dashboard and knowing if the city is hitting their marks, and then telling that to the
public, adding data is needed to support outcomes. He stated this work is exciting and
promising and he is supportive.
Mr. Pires stated the commission will return to the council this summer to discuss additional
work they will engage in, noting this is all a work in progress. He stressed they will be careful
with budget constraints and work to get the best value.
Mr. Anderson from Insight added he will help ensure the strategic vision is successful and try to
validate and further the findings within each initiative. He stressed his company will work on
getting staff feedback through collaboration across city departments, while also working with
City council meeting of April 19, 2021 (Item No. 3a) Page 4
Title: Study session minutes of March 8, 2021
the public on feedback and connecting with the community, especially around computers and
Wi-Fi.
2. Racial equity update and check in
Mx. Sojourner and Mr. Gray presented to the council.
Mr. Gray discussed community engagement initiatives coming up for this summer in St. Louis
Park, noting that pop-ups will be held again this summer. He explained the benefits of pop-ups
including city departments working together with local non-profits, as well as police and fire. He
also noted the pop-ups help with partnering residents with neighborhood associations, and
schools, and allowing for residents to meet the community engagement staff and build trust.
He noted it is important to meet people where they are at.
Mr. Gray noted the program Summer of Action will look to the future, and be a project led by
the Human Rights Commission (HRC). He explained the HRC will be the connector and leader in
social justice and the social landscape of St. Louis Park, and will present the topics of justice and
equity, which tie into the strategic priorities of the city, while building partnerships.
Mr. Gray stated the programs will be held the first weekend in June, in conjunction with a
George Floyd anniversary event. Additionally, there will be events with the ESC, Friends of the
Arts, LGBTQ during Pride Month, Indigenous Rights groups, monthly social justice movies, and
book clubs and events related to teaching children about social justice. He stated the group
welcomes and encourages ideas.
Mr. Gray added neighborhood associations will continue to build connections throughout the
city and work on race equity, with a great potential to shape how neighborhoods talk about
race equity. He stated all neighborhood groups should apply for grants from the city, and he
hoped they would do so.
Mr. Gray noted staff will also continue to do race equity work with employee resource groups,
trainings, and public art engagement with Friends of the Arts.
Councilmember Harris asked if there were neighborhoods from every ward that participated in
race equity work. Mr. Gray stated he will check into this and report back.
Councilmember Harris added neighborhood associations should be invited to work on these
initiatives and be geographically represented across the community, so voices from all
neighborhoods are included. She noted the Aquila neighborhood has a large neighborhood
picnic each year that could be a great fit for this work, as well as summer pop-ups.
Councilmember Harris also noted the Basketball in the Park programs that many BIPOC
community members participated in as another area for engagement, as well as the Hope
Speaks event that many youth attend.
Councilmember Harris wished Mx. Sojourner every success in their new endeavors and thanked
them for their work with the city.
City council meeting of April 19, 2021 (Item No. 3a) Page 5
Title: Study session minutes of March 8, 2021
Councilmember Kraft also thanked Mx. Sojourner for their work with the city and stated they
are very well known in the region and will be missed. He stated he would like to see pop-ups
around voter and civic engagement and technology access.
Councilmember Kraft asked how St. Louis Park is doing as a city and how would the council
know. Mx. Sojourner stated the city is at the beginning stages of external racial equity work.
They pointed to the 21-day challenge which exceeded its participation goals with over 600 sign-
ups.
Mx. Sojourner added when looking at the community, currently we are focusing on
engagement with neighborhood associations, and meeting folks where they are at. Alicia stated
the city can look at utilizing Next Door more and tracking community conversations but added
the bigger question is what the city’s 5-year goals are and where does the city want to see the
biggest changes. They stated right now that work is being done in the neighborhood
associations and connecting them.
Councilmember Kraft stated he is grateful to have come onto a council where so much great
work has been done and a foundation has been built to deal with systemic racism. He asked if
there will be a time for the council to consider a different way and with policy considerations.
He asked what outcomes the council should be willing to change to help people of color in St.
Louis Park, pointing to the fact that 50% use of force with police in St. Louis Park happens with
black people. He stated something is wrong there and he is interested in what types of
measurable items can change from a systemic point. He added the council needs to start
thinking about how to change outcomes and improve people’s lives.
Mx. Sojourner stated they would amplify the council needs to build their own house first and
they would still highly suggest the council continue to do this, and not just focus on policies. Mx
Sojourner stated council needs to slow down and look through a racial equity lens and break
down systemic policies. They stated harm can be caused with streets and sidewalks or a new
development, adding the IDI is a tool to help council move forward in these areas.
Councilmember Mohamed asked what the plan is for when Mx. Sojourner leaves, especially
considering the Chauvin trial coming up and the possibility of uprisings or trauma. She asked
what the department plans are around this and Mx. Sojourner’s leaving.
Mx. Sojourner stated there is an internal transition plan for projects and Mr. Gray will also pick
up some of that. They stated some projects will pause until the next person is hired. Mx.
Sojourner also stated as it relates to the trial, staff will work on not creating more trauma by
their own communications or actions as a city and making sure they do not overstep the plan.
They stated sometimes it is just the job of staff to listen and not to fix everything.
Ms. Deno added staff is working with the team on this transition and putting together a
recruitment plan, while Mx. Sojourner will still be connecting with staff.
Councilmember Dumalag stated data can be used sometimes to unintentionally harm certain
groups, so it will be good to collaborate with the team on this. She added she is interested in
City council meeting of April 19, 2021 (Item No. 3a) Page 6
Title: Study session minutes of March 8, 2021
removing the city’s restrictive covenants, adding neighborhood groups are a great way to
educate residents and to understand how this came into being, as well as help folks to think
about how equity looks in St. Louis Park.
Councilmember Rog thanked Mx. Sojourner for all their work and noted she has seen
differences in city departments, including engineering, and a shift in Connect the Park and how
information has been received from staff. She added, however, this is not the case across the
board in all departments and she asked how staff can ensure awareness and decision-making is
happening with an equity lens in all departments, and if it makes sense to add this into staff
performance reviews and raises.
Mx. Sojourner stated everyone is at different places on the continuum and spectrum and that
goes for the city departments as well. Mx. Sojourner added Ms. Deno and Ms. Solano and a few
department heads will look at how to navigate this work with accountability across the board
and funnel it down to middle management and frontline workers, while managing it long-term.
Ms. Deno added over the past several years this is tied into performance reviews and goal
setting on racial equity for staff.
Councilmember Rog appreciated the efforts being done within neighborhood groups, adding
the Birchwood group has done much work on this. She asked if the city is trying to force a
relationship with residents and their neighborhood associations.
Mr. Gray stated neighborhood associations are like homeowners’ associations, but since they
are already organized, they provide a great opportunity, adding the basis of his work is to build
relationships. He noted neighborhood groups are already overseen and supported by the city,
and are a microcosm of the city, while also having a larger potential ripple effect.
Mx. Sojourner agreed, adding it is a time to reimagine neighborhood associations, adding they
do lean toward homeowners and exclude renters and youth at times, as well as BIPOC folks,
and group homes, so this is the right time to navigate and work on what the community looks
like while building social capital, and reshaping.
Councilmember Rog agreed it is difficult to bring the BIPOC community into neighborhood
associations, and possibly they are not the ideal structure to engage diverse folks today,
however, they do have value.
Councilmember Rog stated the school district and students, and families may also offer ways to
reach community, especially because the school district is so focused on racial equity and there
are more opportunities for partnerships. Mr. Gray agreed, adding he works on building
relationships with PTO groups and keeping a pulse on what is happening in the schools.
Councilmember Rog thanked them for all the work they are doing, adding if she had more
advance notice on events, that would provide more lead time to promote information to the
residents. Mr. Gray stated he will be sure the Summer of Action events get to the council
monthly.
City council meeting of April 19, 2021 (Item No. 3a) Page 7
Title: Study session minutes of March 8, 2021
Councilmember Brausen also thanked Mx. Sojourner and Mr. Gray for their work, noting he
likes the summer pop-ups and will send a list of Ward 4 locations for events. He added the tie-
ins with youth are important and community education programs may also be able to assist in
the work being done. He asked for a list of all neighborhood associations to be sent to council
and stated we all need to continue to ask the community to be engaged.
Councilmember Kraft stated Just Deeds has discussions on racial covenants, adding later this
year the council will be discussing and re-examining the city’s single-family zoning approach,
which could help to educate and make changes in the city’s zoning approach.
Mayor Spano thanked Mr. Gray and Mx. Sojourner for all their work, adding he has seen how
residents relate to them in the community and it is positive. He stated he will be speaking on
March 21 at Westwood Lutheran Church on the city’s racial covenants at a discussion on race
issues and healthcare, and making sure residents understand the history of social racism.
Mayor Spano added he is grateful for the work being done with neighborhood associations,
calling it a place where people’s eyes will be opened. He added he wants Mr. Gray to make sure
to utilize the council on these issues adding he had hoped the council would be further along on
racial equity work by this time. He stated he is excited for Mx. Sojourner’s new endeavor, but
will miss them, adding he is also excited for the new person to take their place and build on Mx.
Sojourner’s work.
Mx. Sojourner stated they will send the IDI report to the council for review and then council will
discuss it further at a future meeting.
3. Targeted residential picketing
Mr. Harmening stated this discussion will be to determine if the city should continue to have
this ordinance and if so, it will need to be re-written in several areas. He noted it has been in
place since 1993.
Mr. Mattick noted he has concerns on whether the ordinance is enforceable, noting it uses a
phrase called “unwanted speech”. He recommended taking this phrase out and re-writing the
ordinance or consider repealing the ordinance in its entirety.
Councilmember Mohamed asked if this just relates to homeowners or renters as well. Mr.
Mattick stated it is geared mostly around residential but could also apply to apartments, noting
he will clarify this.
Councilmember Mohamed stated she understands why there is concern around this ordinance
as no one wants to be disturbed in their homes or neighborhoods but added she would like to
repeal the ordinance. She stated she does not want to ask black and brown people to put aside
their rights for the peace of all, adding she wants to give people every tool possible to be able
to make a difference and be heard. She stated if people were not protesting, they would not
see change and if people are not peaceful, then residents will get to experience un-
peacefulness.
City council meeting of April 19, 2021 (Item No. 3a) Page 8
Title: Study session minutes of March 8, 2021
Councilmember Rog appreciated Councilmember Mohamed’s comments. She stated she sent
some suggested language changes to Mr. Harmening and Mayor Spano, adding the city has an
interest in protection of residential privacy so that all can feel safe in their homes. She stated
she is in favor of updating the language and keeping the ordinance. She stated this could relate
to picketing at homes of doctors who perform abortions, police, judges, and others who live in
St. Louis Park, and it is important to protect people in their homes and those who live with
them.
Councilmember Kraft also thanked Councilmember Mohamed for her comments adding there
are times when he would feel personally justified to protest outside someone’s home, and
other times when it would be wrong. He stated the council cannot choose what is unwanted
speech and thinks people should have a sphere of privacy around their home, adding it is not
okay to target someone’s home. He stated he does not feel the city has had to deal with this
issue, so whatever is done will need to be done right, and he does not want to rush into
anything, especially since there have been no issues. He added he is in favor of updating it very
carefully but would not want to rush into this and wants to do it right.
Councilmember Dumalag asked if there is a duration and if Parktacular falls into the definition
as it does involve a parade. Mr. Mattick stated Parktacular would not fall into the definition. He
stated he is not aware of a duration, but it can be about what time of day it occurs, how
boisterous it is, if it is blocking traffic, or if there are 5 or 50 people protesting. He noted there
are many things to consider when enforcing the ordinance.
Councilmember Dumalag asked what if a group was protesting across the street from a home.
Mr. Mattick stated that depends on if it spills over and other factors.
Councilmember Dumalag asked if the ordinance refers to apartments or mixed-use
developments. Mr. Mattick stated it usually only refers to single-family homes, but he will
investigate this further. He added it is meant to protect the privacy of a home, but it should
extend beyond a single-family home.
Councilmember Dumalag asked what the penalties are for a misdemeanor. Mr. Mattick stated
it is the lowest level of a crime and maximum penalties are 90 days in jail and a $1,000 fine. He
added this is rare though and typically it is a $200 fine only.
Councilmember Dumalag stated she is leaning towards updating the language and keeping the
ordinance in place, adding she is concerned about those living nearby when a protest is going
on, and the fact that they would not have anything to do with the issue, but just happen to live
in the neighborhood and would be affected.
Councilmember Harris stated she agrees with updating the language of the ordinance. She
added after the discussion on race equity and IDI, she would want to be sure to look at
unintended consequences and supporting first amendment rights.
Mr. Mattick stated the “unwanted speech” language is not a standard that can be enforced,
adding it is about conduct and quelling speech.
City council meeting of April 19, 2021 (Item No. 3a) Page 9
Title: Study session minutes of March 8, 2021
Councilmember Brausen asked if the city has a disturbing the peace ordinance in affect. Mr.
Mattick stated he will check on that.
Councilmember Brausen asked if folks are disruptive, are there other city laws to stop that
activity, such as if blocking traffic. Mr. Mattick stated he will bring back more details on that.
Councilmember Brausen stated he would agree with Councilmember Mohamed and wants to
repeal the ordinance, adding that civil disobedience has consequences. He stated he is not sure
the city needs this tool on the books.
Mayor Spano stated arguments can be made on both sides for and against this ordinance. He
added protests are normal and healthy, including those that are not comfortable, but this is not
about the council, but about our residents. He stated when he thinks about people in their
homes, and the purpose of protesting, it is about intimidation, pointing to an example of when
the KKK’s goal was to terrorize people in their homes. He added his concerns are around
threats, intimidation, anger, and weapons, stating at this time he is not willing to eliminate the
ordinance.
It was the consensus of the council to ask Mr. Mattick and staff to come back with a second
draft and address the issue of multifamily or mixed-use properties as well within the language
of the ordinance. Mr. Mattick stated he would do so.
Councilmember Mohamed asked if protestors would be allowed to go through a neighborhood
and not stop. Mr. Mattick stated the ordinance does not prohibit a march down the street, and
only refers to when protestors are standing outside a residence.
4. Future study session agenda planning and prioritization
The council discussed the March 22, 2021 study session.
Councilmember Kraft asked about discussions on the vaccination and if it is being distributed
equitably within the city. Mayor Spano stated he has discussed this with Chief Koering and had
an email from the Methodist Hospital president.
Mr. Harmening stated he will look at how this is being monitored with the Fire Chief and to
make sure it is being handled equitably.
Councilmember Rog stated item 8 on the timeline is not property named and should be
renamed from Revisit Setback and Affordable Housing. She noted it is really about McMansions
and their impacts on city neighborhoods. Mr. Harmening stated this will go to the planning
commission first for discussion and then come back to council.
Councilmember Dumalag stated the March 22 agenda is very robust and includes city manager
discussion as well. She stated there may need to be more time for discussion on this.
Councilmember Brausen agreed with the proposed TIF in the written report, adding he and
Mayor Spano met with the group from Platia Place who are lobbying the city for a higher TIF, so
he would like to discuss this further as well.
City council meeting of April 19, 2021 (Item No. 3a) Page 10
Title: Study session minutes of March 8, 2021
The meeting adjourned at 10:20 p.m.
Written Reports provided and documented for recording purposes only:
5. Business terms for redevelopment contract with Texa Tonka Apartments, LLC
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: April 19, 2021
Minutes: 3b
Unofficial minutes
City council meeting
St. Louis Park, Minnesota
March 15, 2021
1. Call to order
Mayor Spano called the meeting to order at 6:30 p.m.
1a. Pledge of allegiance
1b. Roll call
Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris,
Larry Kraft, Nadia Mohamed, and Margaret Rog
Councilmembers absent: none
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), CFO (Ms. Schmitt), Parks & Recreation
Director (Ms. Walsh), Natural Resources Coordinator (Mr. Vaughan), Police Chief Harcey, Senior
Management Analyst (Ms. Solano)
Guests: Stacie Kvilvang, Ehlers
2. Presentations
2a. Recognition of donations
Mayor Spano recognized Rebekah Foreman for her $30 donation for park
enhancements and program needs at Westwood Hills Nature Center.
2b. Retirement recognition for Jim Vaughan (33 years) and Nancy Deno (23 years)
Mayor Spano thanked Mr. Vaughan for his years of service to the city as natural
resources coordinator and read the proclamation.
Mr. Harmening stated Mr. Vaughan was also involved in the city’s wildlife management,
including deer and coyote management, and he appreciated his work with the city these
many years.
Ms. Walsh added she also will miss Mr. Vaughan and his work with trees and natural
resources. She stated he is a team player and will be missed by all.
The councilmembers also commented and thanked Mr. Vaughan for his many years
of service related to environmental issues and policy, assisting with trees and tree
planting, his wealth of knowledge related to natural resources, and value he has brought
City council meeting of April 19, 2021 (Item No. 3b) Page 2
Title: City council meeting minutes of March 15, 2021
to the city including his interactions with the Friends of Bass Lake. They all wished him
the best in his future endeavors.
Mr. Vaughan thanked the council and the constituents of St. Louis Park for their
commitment to natural resources. He also thanked them all for the opportunity to
serve the city these many years.
Mayor Spano thanked Ms. Deno for her years of service to the city as Deputy City
Manager/Human Resources Director and read the proclamation.
Ms. Deno commented the city is in good hands with the staff and thanked Mr.
Harmening for his confidence in her, which made them a good team. She added St.
Louis Park has been a rewarding and challenging career and HR has been her favorite
area to work in. She thanked staff and council for their support as well.
Mr. Harmening stated it is bittersweet, adding he is happy for Ms. Deno, but sad for the
city to lose her. He stated the city was fortunate to have Ms. Deno working for the city,
noting she is top-notch and the best person working in HR in the state. He stated she
will be missed especially with her work on the union negotiations.
The councilmembers agreed and noted that Ms. Deno has been a rock star and her
attitude is always very positive, steady, and calm. They thanked her for her leadership in
HR, the way she takes care of staff, and her work on labor negotiations. They also
recognized her help with onboarding new council members, as well as her concern and
caring and professional advice.
Mayor Spano added the city is known for great service delivery and it’s people like Ms.
Deno and Mr. Vaughan that have assisted with this as members of city staff.
3. Approval of minutes
3a. Study session meeting minutes of Jan. 25, 2021
Councilmember Brausen noted on page 3 it should read, “…35 miles per hour…reduced
to 20-25 miles per hour…and 30 miles per hour is more consistent…except near the
West End, as Cedar Lake Road moves almost all residents through Ward 4.”
It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve
the Jan. 25, 20201 study session meeting minutes as amended.
The motion passed 7-0.
3b. Special study session meeting minutes of Feb. 1, 2021
Councilmember Dumalag noted on page 2 it should read “…above 30% threshold.”
City council meeting of April 19, 2021 (Item No. 3b) Page 3
Title: City council meeting minutes of March 15, 2021
It was moved by Councilmember Rog, seconded by Councilmember Dumalag, to approve
the Feb 1, 2021 special study session meeting minutes as amended.
The motion passed 7-0.
3c. Study session meeting minutes of Feb. 8, 2021
Councilmember Kraft noted on page 5, it should read, “…programs and money invested
would be based on goals and how we achieved them would be based on this data.”
It was moved by Councilmember Kraft, seconded by Councilmember Dumalag, to
approve the Feb. 8, 2021 study session meeting minutes as presented.
The motion passed 7-0.
3d. Closed executive session minutes of minutes of Feb. 16, 2021
It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to
approve the Feb. 16, 2020 closed executive session minutes as presented.
The motion passed 7-0.
3e. Study session meeting minutes of minutes of Feb. 22, 2021
Councilmember Kraft noted on page 5, it should read “Mr. Casey stated DBA has 12
employees and none are people of color.”
Councilmember Brausen noted on page 2 it should read, “…IDI assessments.”
It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to
approve the Feb. 22, 2021 study session meeting minutes as amended.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Adopt Resolution No. 21-028 and Resolution No. 21-029 to recognize Jim
Vaughan for his 33 years of service and Nancy Deno for her 23 years of service.
4b. Approve the second reading and adopt Ordinance amending Section 36-362(h)
pertaining to signs on rooftop equipment screening structures and approve the
summary ordinance for publication. (This item was removed from the consent
calendar and considered as regular agenda item 8d).
4c. Adopt Resolution No. 21-030 authorizing the special assessment for the repair of
the sewer service line at 3762 Colorado Avenue South, St. Louis Park, MN. P.I.D.
16-117-21-33-0054.
City council meeting of April 19, 2021 (Item No. 3b) Page 4
Title: City council meeting minutes of March 15, 2021
4d. Adopt Resolution No. 21-031 and approving vehicle towing and impounding
agreement and impound lot lease extension with Bobby & Steve’s Auto World
Eden Prairie, LLC.
4e. Adopt Resolution No. 21-032 approving issuance of a premises permit for lawful
gambling to be conducted by St. Louis Park Hockey Boosters at The Loop, 5331
West 16th Street.
4f. Adopt Resolution No. 21-033 approving the final plans and specifications and
authorizing bidding documents for the Beltline Blvd SWLRT pedestrian
improvements (4022-2000).
Adopt Resolution No. 21-034 restricting parking on the project segments and side
streets.
Adopt Resolution No. 21-035 approving agency agreement with MnDOT.
4g. Adopt Resolution No. 21-036 approving acceptance of a $30 donation from
Rebekah Foreman for park enhancements or program needs at Westwood Hills
Nature Center.
4h. Adopt Resolution No. 21-037 approving labor agreement between the city and
the police officer’s employee bargaining group, establishing terms and conditions
of employment for one year, from Jan. 1, 2021 – Dec. 31, 2021.
4i. Accept for filing planning commission minutes of Jan. 20, 2021.
Councilmember Dumalag requested that consent calendar item 4b be removed and
placed on the Regular Agenda to 8d.
It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to
approve the agenda and items listed on the consent calendar as amended to move
consent calendar item 4b to the regular agenda as item 8d; and to waive reading of all
resolutions and ordinances.
The motion passed 7-0.
5. Boards and commissions - none
6. Public hearings- none
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions, and discussion items
8a. General Obligation Bonds, Series 2021A. Resolution No. 21-038
Ms. Kvilvang presented the staff report. She noted the bonding was rated for AAA with a
stable outlook and the true interest cost was 1.31% for pavement management and the
Louisiana Bridge project.
Councilmember Brausen noted the outstanding job Ehlers and city financial staff does
each year to maintain the AAA bond rating.
City council meeting of April 19, 2021 (Item No. 3b) Page 5
Title: City council meeting minutes of March 15, 2021
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to adopt
Resolution No. 21-038 awarding the sale of Charter General Obligation (G.O. Bonds,
Series 2021A.
The motion passed 7-0.
8b. Conversion therapy. Resolution No. 21-039
Ms. Solano presented the staff report. She noted in 2020 the council asked staff to
research conversation therapy and bring back information to the council. She noted the
recommendation is to pass a resolution stating the city does not support conversion
therapy and ask the state legislature to take up this issue statewide.
Councilmember Harris asked if this can be enforced. Ms. Solano stated the way it is
proposed, it is not enforceable, and the city wants the state to move forward with
legislation to make it enforceable. She noted some cities have created ordinances with
fines and those ordinances do not apply to faith-based programs, noting that most
known conversion therapy is done under those programs.
Councilmember Harris asked if there are any incidences of complaints. Ms. Solano
stated last year staff did know of a faith-based program in the city, which would not
have been affected by an ordinance.
Councilmember Harris stated this does not have a place in the city and added she does
have concerns because it is not enforceable.
Councilmember Rog stated she and Councilmember Kraft brought this issue forward.
She stated this was to protect LGTBQ youth in the city and she stands for this as well as
to build momentum for a state-wide ban. She added concerns that the resolution is not
enforceable. She stated she had asked Out Front MN about these issues and the hope is
that we do move forward with a ban in the city and modify our resolution to ask for a
ban at the state level and also include asking for financial resources to implement the
ban successfully.
Councilmember Rog stated on the performative concern, the helpful response from Out
Front is that a resolution or a ban are both performative and with the right energy can
become institutional change. She added she would like to ask staff to set up a
committee to carry forward this concern on this ban in tandem with passing a resolution
or a ban.
Mr. Mattick stated to enforce this, an ordinance would be needed versus a resolution,
so staff would need to bring it back to council for approval, if there is general support
for this by the council.
Councilmember Mohamed agreed with Councilmember Rog and would like to pass the
resolution and come back with an ordinance as well. She added the idea of asking the
state for resources and monitor the ordinance would also be welcomed.
City council meeting of April 19, 2021 (Item No. 3b) Page 6
Title: City council meeting minutes of March 15, 2021
Councilmember Brausen stated he supports the motion as presented and added he
does not want to see this practice go on in St. Louis Park. He noted this is not going on in
the city at this time, so it may not need any further discussion at this time and if
additional discussion is needed regarding an ordinance in the future, then it can be
done.
Mayor Spano stated he agreed with Councilmember Brausen adding the practice of
conversion therapy is a joke. He stated the work on T21 was enforceable because it falls
under the city’s purview and this was not performative. He agreed it is good to go to the
legislature to lobby on this but added he does have concerns about asking for financing
from the state to fund this for the city. He asked if the city would need to create a
health department to enforce this, adding he would agree to discuss forming a sub-
group to work on this but creating a commission at this time would not be appropriate.
Councilmember Kraft asked if the HRC has been involved in this issue. Ms. Solano stated
staff has kept the HRC informed on this but the HRC has not provided a
recommendation on an ordinance.
Councilmember Kraft stated he is supportive of the resolution and asked the HRC to
weigh in on this issue and give feedback to the council on the items Councilmember Rog
raised.
Councilmember Dumalag will also support this and asked the HRC to give their input on
this issue, as well as look at an ordinance.
Councilmember Harris stated conversion therapy is abhorrent and inhumane. She stated
the city does not have a health department and she is interested in passing ordinances
that are enforceable for the city. Presently, the city is not able to do this. She added this
resolution is appropriate at this time, noting it would be enforceable at the state level.
Ms. Solano stated an ordinance passed by the council would be enforceable either by
fines or other means. She added if the state passed a ban on this, the city already has
unfunded mandates as a legislative issue of concern that can be used to request
financial resources.
Councilmember Rog stated her efforts tonight were in the spirit of the work of Out
Front and in support of the viewpoints of residents. She stated she appreciated moving
forward with more discussion on an ordinance.
It was moved by Councilmember Harris, seconded by Councilmember Mohamed, to adopt
Resolution No. 21-039 opposing the practice of conversion therapy and support for the
State Legislature to ban the practice of conversion therapy in the state of Minnesota.
The motion passed 7-0.
8c. Targeted residential picketing
City council meeting of April 19, 2021 (Item No. 3b) Page 7
Title: City council meeting minutes of March 15, 2021
Mr. Harmening presented the staff report.
Councilmember Kraft stated he is not in favor of people being able to picket someone’s
place of residence. He does have concerns of not violating freedom of speech. He asked
if the multi-family residence part is breaking new ground in the city’s ordinance.
Mr. Mattick stated it was originally written for single-family homes, and the definition
included was not part of litigation in other city ordinances. He stated the definition of
dwelling is new, but on firm ground from a constitutional standpoint.
Councilmember Kraft asked if tenants wanted to picket a landlord, how would that work
with the ordinance. Mr. Mattick stated he does not think this would challenge the
ordinance. He stated if the landlord does not live on site, that picketing does not violate
the ordinance.
Councilmember Brausen stated he was not in favor of these changes at the last meeting
and was only in favor of repealing. He appreciated the changes made, adding he will
support this with the revisions presented.
Councilmember Mohamed stated she is glad this was extended on the residential
aspect. She asked if this means people cannot protest where there are homes, or they
can protest but they cannot block people’s access to their homes.
Mr. Mattick stated this ordinance does not prohibit anyone from protesting or marching
in a neighborhood. He added what this does mean is stopping and blocking a home
would violate the ordinance.
Councilmember Mohamed stated she does not want to silence people in any way, so
she will not support the ordinance.
Councilmember Rog added she got emails from residents and 100% were in support and
she will support the ordinance.
Councilmember Kraft stated he will support the ordinance.
Mayor Spano stated some will do this for intimidation in residential areas. He stated this
does not prevent someone from protesting and this ordinance is not about elected
officials. He continued it is about regular people who may find themselves as the subject
of someone’s anger and frustration and the council provides opportunities for residents
to express their opinions, adding that is the place for this to happen. He stated for this
reason and others, he will support the ordinance.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to approve
first reading of Ordinance amending Chapter 18, offenses, and miscellaneous provisions,
of the St. Louis Park City Code related to targeted residential picketing, and set the second
reading for March 22, 2021.
The motion passed 6-1 (Councilmember Mohamed opposed).
City council meeting of April 19, 2021 (Item No. 3b) Page 8
Title: City council meeting minutes of March 15, 2021
8d. Approve the second reading and adopt ordinance amending section 36-362(h)
pertaining to signs on rooftop equipment screening structures and approve the
summary ordinance for publication. Ordinance No. 2608-21
Councilmember Dumalag recused herself from this discussion and vote.
Councilmember Brausen stated he will support these changes to the ordinance.
Mayor Spano stated he is not concerned about this type of signage. He noted
sometimes these signs become iconic in cities, are featured prominently, and can be
something that binds a community together, adding he would also support this.
It was moved by Councilmember Harris, seconded by Councilmember Kraft, to approve
the second reading and adopt Ordinance No. 2608-21 amending Section 36-362(h)
pertaining to signs on rooftop equipment screening structures and approve the summary
ordinance for publication.
The motion passed 6-0-1 (Councilmember Dumalag abstained).
9. Communications
Mr. Harmening stated with the snow fall today, because the temperatures are warmer, a snow
emergency was not declared. All main thoroughfares have been plowed and will be again in the
morning.
Mr. Harmening announced that Angelfood Bakery from downtown Minneapolis is moving to
the TexaTonka Shopping area.
Councilmember Mohamed noted a new business in St. Louis Park that presents virtual games,
as well as a racial equity program.
Councilmember Rog noted STEPS Empty Bowls will be virtual this year and is being held next
week. Mayor Spano also noted donations can be made on the STEP website.
Mayor Spano stated Westwood Lutheran Church held a race equity zoom meeting recently and
he will be speaking on March 21st on the history of use of restrictive racial covenants in St. Louis
Park. He noted Just Deeds is a group that supports and educates people about this issue.
Councilmember Kraft asked if there is something the city can do related to this issue. Mr.
Harmening stated staff will be explaining this issue and the harm it caused. He stated Mx.
Sojourner looked at this as a critical component and removing the covenant is a legal process.
He stated the education process to residents will be critical on this issue and it is staff’s intent
to do that.
Mr. Mattick added there is an educational component and removing the applications can help
in this education process.
City council meeting of April 19, 2021 (Item No. 3b) Page 9
Title: City council meeting minutes of March 15, 2021
Councilmember Kraft added these covenants, redlining as well as zoning issues, can be part of
the education process as well.
Mayor Spano stated he has learned a lot about St. Louis Park, and the fact that they were very
aggressive about keeping black and brown folks out of the city in the past.
10. Adjournment
The meeting adjourned at 8:35 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: April 19, 2021
Minutes: 3c
Unofficial minutes
Special city council meeting
St. Louis Park, Minnesota
March 22, 2021
1. Call to order
Mayor Spano called the special meeting to order at 5:20 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris,
Larry Kraft, Nadia Mohamed, and Margaret Rog
Councilmembers absent: none
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), City Assessor (Mr. Bultema), Senior
Management Analyst (Ms. Solano)
2. Resolutions, ordinances, motions, and discussion items
2a. Second reading - targeted residential picketing ordinance
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve
second reading and adopt Ordinance No 2609-21 amending Chapter 18, offenses, and
miscellaneous provisions, of the St. Louis Park City Code related to targeted residential
picketing and authorize summary publication.
The motion passed 6-1 (Councilmember Mohamed opposed).
3. Adjournment
The meeting adjourned at 5:25 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
Meeting: City council
Meeting date: April 19, 2021
Consent agenda item: 4a
Executive summary
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Recommended actions:
• Motion to approve second reading and adopt Ordinance vacating portions of storm sewer
easement, force main sewer easement, and drainage and utility easement and approve the
Summary Ordinance for publication; and
• Motion to approve second reading and adopt Ordinance amending Section 36-244(e)(6) of
the zoning code and approve the Summary Ordinance for publication.
Policy consideration: Is the council supportive of vacating portions of easements on the
property? Is the council supportive of the zoning text amendment regarding food service uses?
Summary: Dalquist Properties, the owner of the Nordic Ware campus at 5005 Highway 7 (CSAH
25), requests vacations of portions of easement on their property and an amendment to the
zoning code related to the conditions of food service uses in the I-G general industrial zoning
district. These requests are associated with an application to amend a special permit on the site
in order to allow construction of a building addition and site improvements. City council
approved the application for a special permit amendment on April 5, 2021 contingent upon the
easement vacations.
As part of the project, the applicant will dedicate new easement over a rebuilt storm sewer that
runs east-west across the project site. Once the new easement is dedicated, the old easement
over the storm sewer will no longer serve a public purpose. They also proposed amendments to
the zoning regulations for food service uses in the general industrial district.
City council held a public hearing on April 5, 2021 and no members of the public spoke. The
council voted 7 to 0 to approve the first reading of the two ordinances.
Financial or budget considerations: None
Strategic priority consideration: St. Louis Park is committed to providing a broad range of
housing and neighborhood oriented development.
Supporting documents: Vacation ordinance
Vacation ordinance summary for publication
Zoning text amendment ordinance
Zoning text amendment ordinance summary for publication
Prepared by: Jacquelyn Kramer, associate planner
Reviewed by: Karen Barton, community development director
Approve d by: Tom Harmening, city manager
City council meeting of April 19, 2021 (Item No. 4a) Page 2
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Ordinance No. ____-21
An ordinance vacating part of storm sewer easement, forced main sewer
easement, and drainage and utility easement
The City of St. Louis Park does ordain:
Section 1. The petition to vacate part of storm sewer easement, forced main sewer
easement, and drainage and utility easement was initiated by Dalquist Properties LLP. The
notice of said petition has been published in the St. Louis Park Sailor on March 25, 2021, and
the City Council has conducted a public hearing upon said petition and has determined that the
easements are not needed for public purpose, and that it is for the best interest of the public
that said easements be vacated.
Section 2. The portions of storm sewer, forced main sewer, and drainage and utility
easements as now dedicated and laid out within the corporate limits of the City of St. Louis Park
and shown in Exhibits A and B, are vacated:
That part of the Storm Sewer and Forced Main Sewer Easements lying within in Lot 1,
Block 1, DALQUIST INDUSTRIAL PARK 2ND ADDITION, Hennepin County, Minnesota
dedicated and described per Document Number 5182033 as follows: Lots 6, 7 and 8 and
Lots 17 through 20 inclusive, Block 2, LEWISTON PARK, Hennepin County, Minnesota,
subject to a storm sewer and forced main sewer easement 30.00 feet in width, the
center line of which is described as beginning at a point in the west line of said Block 2,
distant 77.00 feet north of the southwest corner of Lot 17; thence easterly to a point on
the east line of said Block 2, distant 38.00 feet north of the southeast corner of said
Block 2 and there terminating.
And
Lots 5 to 8 inclusive, Block 3, LEWISTON PARK, Hennepin County, Minnesota, subject to
a storm sewer and forced main sewer easement over the entire parcel.
And
All those parts of the Drainage and Utility Easements dedicated in Lot 1, Block 1,
DALQUIST INDUSTRIAL PARK 2ND ADDITION, Hennepin County, Minnesota, lying to the
right of the following described line: Commencing at the southeast corner of said Lot 1;
thence on an assumed bearing South 64 degrees 22 minutes 03 seconds West, along the
south line of said Lot 1, a distance of 10.30 feet to the point of beginning of said line to
be described; thence northerly 133.74 feet, along a non-tangential curve, concave to the
east, having a radius of 1327.10 feet, a central angle of 5 degrees 46 minutes 26
seconds, a chord that bears North 8 degrees 56 minutes 34 seconds West and a chord
length of 133.68 feet; thence North 89 degrees 42 minutes 09 seconds West, not
tangent to said curve, 207.94 feet; thence South 82 degrees 22 minutes 47 seconds
West 44.00 feet; thence South 01 degree 47 minutes 42 seconds East 21.00 feet; thence
South 74 degrees 08 minutes 16 seconds West 195.00 feet; thence North 26 degrees 17
City council meeting of April 19, 2021 (Item No. 4a) Page 3
Title: Nordic Ware Building 9 – 2nd reading of ordinances
minutes 02 seconds West 23.00 feet; thence North 15 degrees 10 minutes 12 seconds
East 32.00 feet; thence North 82 degrees 18 minutes 01 second East 73.00 feet; thence
North 5 degrees 58 minutes 31 seconds East 47.80 feet; thence North 57 de grees 11
minutes 42 seconds West 93.34 feet to a north line of said Lot 1 and said line there
terminating.
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, and
to publish the Summary Ordinance in the official newspaper ordinance , upon receipt of
evidence that a new drainage and utility easement has been recorded to provide a public
easement over the existing storm sewer main .
Section 4. This ordinance shall take effect upon receipt of evidence that a new drainage
and utility easement has been recorded, and no sooner than May 14, 2021.
Reviewed for administration:
Adopted by the City Council April 19, 2021
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 April 5, 2021
Second reading April 19, 2021
Date of publication April 29, 2021
Date ordinance takes effect Upon receipt of evidence that a new drainage
and utility easement has been recorded, and
no sooner than May 14, 2021.
City council meeting of April 19, 2021 (Item No. 4a) Page 4
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Exhibit A: storm sewer and forced main sewer easement vacation
City council meeting of April 19, 2021 (Item No. 4a) Page 5
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Exhibit B: drainage and utility easement vacation
City council meeting of April 19, 2021 (Item No. 4a) Page 6
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Summary for publication
Ordinance No. ____-21
An ordinance vacating part of storm sewer easement, forced main sewer
easement, and drainage and utility easement
This ordinance states that portions of storm sewer easement, forced main sewer easement,
and drainage and utility easement at 5005 Highway 7 will be vacated.
This ordinance shall take effect 15 days after publication. Said publication will occur after the
city receives evidence a replacement drainage and utility easement for a rebuilt storm sewer
main has been recorded with Hennepin County.
Adopted by the City Council April 19, 2021
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 29, 2021
City council meeting of April 19, 2021 (Item No. 4a) Page 7
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Ordinance No. ____-21
Ordinance regarding food service in the I-G General Industrial district
The City of St. Louis Park does ordain:
Whereas, an application was received from Dalquist Properties to amend the I-G General
Industrial district to modify the conditions imposed upon food service uses, and
Whereas, the City Council has considered the advice and recommendation of the planning
commission (case no. 21-2-ZA), and
Now, therefore be it resolved that the following amendments shall be made to the City
Code:
Section 1. Chapter 36, Section 36-244(e)(6) of the St. Louis Park City Cod e is hereby
amended to delete the following strikethrough text and add the following underlined text.
Section breaks are represented by ***.
(e) Accessory uses. The following uses shall be permitted within any I-G district:
***
(6) Food service, subject to the following conditions:
a. Service shall be intended primarily for tenants of the development.
ab. It shall not occupy more than five percent of the gross floor area of the development.
bc. Seating may be provided for more than ten persons.
cd. Signs are not permitted.
Section 2. This ordinance shall take effect fifteen days after publication.
Reviewed for administration: Adopted by the City Council April 19, 2021
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 April 5, 2021
Second reading April 19, 2021
Date of publication April 29, 2021
Date ordinance takes effect May 14, 2021
City council meeting of April 19, 2021 (Item No. 4a) Page 8
Title: Nordic Ware Building 9 – 2nd reading of ordinances
Summary for publication
Ordinance No. ____-21
An ordinance amending
the St. Louis Park zoning ordinance
pertaining to accessory food service uses in the
General Industrial zoning district
This ordinance amends Chapter 36 of the City of St. Louis Park city code relating to
zoning. The amendment amends conditions on food service uses in the IG - General Industrial
zoning district.
This ordinance shall take effect 15 days after publication.
Adopted by the City Council April 19, 2021
Jake Spano /s/
Mayor
A copy of the full text of this ordinance is available for inspection with the City Clerk.
Published in St. Louis Park Sailor: April 29, 2021
Meeting: City council
Meeting date: April 19, 2021
Consent agenda item: 4b
Executive summary
Title: Second reading of an ordinance granting a cable television franchise to Comcast of
Minnesota, LLC
Recommended action: Motion to approve second reading and Adopt ordinance granting a
cable television f ranchise t o C omcast of Minnesota, LLC and approve the summary ordinance
for publication.
Policy consideration: Does the council wish to adopt the ordinance granting a 10-year cable
television f ranchise to Comcast of Minnesota, LLC?
Summary: The city and Comcast have reached agreement on a new franchise to replace the
city’s current franchise agreement with Comcast, pending council approval. Th e city council
approved first reading of the ordinance on April 5.
Present considerations: Below are the highlights of the propose d 10-year franchise agreement:
•Franchise fee (Sec. 16.1): The city will continue to receive quarterly payments of 5% of
grantee’s quarterly gross revenues from the provision of cable services in the city.
•PEG fee (Sec. 7.12): The city will receive quarterly PEG fees of 2% of the grantee’s
quarterly gross revenue s, to be used by the city to fund PEG expenses. This differs from
the current franchise, which provided defined payments to the city at three intervals
throughout the franchise.
•Free cable service to buildings (Sec. 6.5): Basic cable service is provided f ree of charge
for schools and city buildings shown in Exhibit A. If laws change to allow the grantee to
charge the city for complimentary services, written notice by the grantee is required and
the city can suspend certain services before invoicing starts. (See FCC 621 Order update)
•HD PEG channels (Sec. 7.2): The proposed franchise allows for the addition of two HD
(high definition) PEG (public-education-government) channels in exchange for giving up
two SD (standard definition) PEG channels.
•Customer service (Sec. 14): The proposed franchise includes extensive customer service
policies and requirements.
Financial or budget considerations: The final franchise agreement determines the franchise fee
based on a percentage of gross revenues from cable service, and also includes capital funding
for public-educational-government (PEG) channels, to be received by the city over the new 10-
year franchise term.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: Ordinance; Summary ordinance for publication
Prepared by: Jacque Smith, communications and marketing manager
Reviewed by: Clint Pires, chief information officer
Approve d by: Tom Harmening, city manager
City council meeting of April 19, 2021 (Item No. 4b ) Page 2
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Ordinance No. ____-21
An ordinance renewing the grant of a franchise to Comcast of Minnes ota, LLC to
operate and maintain a cable system in the City o f S t. Louis P ark, Mi nnes ota;
setting forth conditions accompanying the grant of a franchise; providing for city
regulation and administration of the cable system; terminating the prior
franchise
Whereas, the City of St. Louis Park, Minnesota (“City”), pursuant to applicable federal
and state law, is authorize d to grant one (1) or more nonexclusive cable television f ranchis es t o
construct, operate, maintain and reconstruct cable television systems within the City limits.
Whereas, Comcast of Minnesota, LLC (“Grantee”) has operated a Cable System in the
City, under a cable television franchise granted pursuant to a Cable Television Franchise
Ordinance approve d on or about February 3, 2006.
Whereas, negotiations be tween Grantee and the City have bee n completed and the
franchise renewal process followed in accordance with Minnesota Statutes Chapter 238 and the
Cable Act (47 U.S.C. §546).
Whereas, the City has determined that it is in the be st interest of the City and its
residents to renew the cable television franchise with Grantee.
Whereas, the Franchise grante d to Grantee by the City is nonexclusive and complies
with existing applicable Minnesota Statutes, federal laws and regulations.
The City of St. Louis Park does ordain that a franchise is he reby granted to Comcast of
Minnesota, LLC to operate and maintain a Cable System in the City upon the following terms
and conditions:
SECTION 1 Definitions
For the purpose of this Franchise, the following, terms, phrases, words, derivations and their
derivations shall have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include
the singular number and words in the singular number include the plural number. The word
“shall” is always mandatory and not merely directory. The word “may” is directory and
discretionary and not mandatory.
1.1 “Affiliate” means any Person controlling, controlled by or under common control of
Grantee.
1.2 “Applicable Law(s)” means any law, statute, charter, ordinance, rule, regulation, code,
license, certificate, franchise, permit, writ, ruling, award, executive order, directive,
requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or
City council meeting of April 19, 2021 (Item No. 4b ) Page 3
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
other order issued, executed, entered or deemed applicable by any governmental authority of
competent jurisdiction.
1.3 “Basic Cable Service” means any service tier which includes the lawful retransmission of
local television broadcast, as set forth in Applicable Law, currently 47 U.S.C. § 522(3).
1.4 “Cable Act” means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et
seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992, as
further amended by the Telecommunications Act of 1996, as further amended from time to
time.
1.5 “Cable Service” means (a) the one -way transmission to Subscribers of (i) Video
Programming or (ii) other programming service, and b) Subscriber interaction, if any, which is
required for the selection or use of such Video Programming or other programming service, as
set forth in Applicable Law, currently 47 U.S.C. § 522(6). For the purposes of this definition,
“other programming service” means information that a cable operator makes available to all
Subscribers generally.
1.6 “Cable System” or “System” means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is designed to
provide Cable Service which includes Video Programming and which is provided to multiple
Subscribers within a community, but such term does not include:
(a) a facility that serves only to retransmit the television signals of one (1) or more
television broadcast stations;
(b) a facility that serves Subscribers without using any Right-of-Ways;
(c) a facility of a common carrier which is subject, in whole or in part, to the
provis ions of 47 U.S.C. § 201 et seq., except that such facility shall be considered a Cable
System (other than for purposes of 47 U.S.C. § 541(c)) to the extent such facility is used
in the transmission of Video Programming directly to Subscribers, unless the extent of
such use is solely to provide interactive on -demand services;
(d) an open video system that complies with 47 U.S.C. § 573; or
(e) any facilities of any electric utility used solely for operating its electric utility
system.
Unless otherwise specified, it shall in this document refer to the Cable System constructed and
operated in the City under this Franchise.
1.7 “Channel” means a portion of the electromagnetic frequency spectrum which is used in
a Cable System and which is capable of delivering a television channel as defined by the FCC by
regulation, as set forth in Applicable Law, currently 47 U.S.C. § 522(4).
1.8 “City” means the City of St. Louis Park, a municipal corporation in the State of
Minnesota, acting by and through its City Council, or its lawfully appointed designee .
City council meeting of April 19, 2021 (Item No. 4b ) Page 4
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
1.9 “City Code” means the Municipal Code of the City of St. Louis Park, Minnesota, as may
be amended from time to time.
1.10 “Converter” means an electronic device, including Digital Transport Adapters, which
conv erts signals to a frequency not susceptible to interference within the television receiver of
a Subscriber, and by an appropriate Channel selector also permits a Subscriber to view all Cable
Service signals.
1.11 “City Council” means the governing body of the City of St. Louis Park, Minnesota.
1.12 “Day” means a calendar day, unless otherwise specified.
1.13 “Drop” means the cable that connects the Subscriber terminal to the nearest feeder
cable of the cable.
1.14 “Effective Date” means May 14, 2021.
1.15 “FCC” means the Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
1.16 “Franchise” means the right granted by this Franchise Ordinance and the regulatory and
contractual relationship established hereby.
1.17 “Franchise Area” means the entire geographic area within the City as it is now
constituted or may in the future be constituted.
1.18 “Franchise Fee” means the fee assessed by the City to Grantee, in consideration of
Grantee’s right to operate the Cable System within the City’s Right-of-Ways, determined in
amount as a percentage of Grantee’s Gross Revenues and limited to the maximum percentage
allowed for such assessment by federal law. The term Franchise Fee does not include the
exceptions noted in 47 U.S.C. §542(g)(2)(A -E).
1.19 “GAAP” means generally accepted accounting principles as promulgated and defined by
the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or
the U.S. Securities and Exchange Commission (“SEC”).
1.20 “Gross Revenues” means and shall be construed broadly to include all revenues derived
directly or indirectly by Grantee and/or an Affiliated entity that is the cable operator of the
Cable System, from the operation of Grantee’s Cable System to provide Cable Services within
the City. Gross Revenues include, by way of illustration and not limitation:
(a) monthly fees for Cable Services, regardless of whether such Cable Services are
provided to residential or commercial customers, including revenues derived from the
provision of all Cable Services (including but not limited to pay or premium Cable
Services, pay-per-view, pay -per-event, and video-on-demand Cable Services);
(b) fees paid to Grantee for Channels designated for commercial/leased access use
and shall be allocated on a pro rata basis using total Cable Service Subscribers within the
City;
City council meeting of April 19, 2021 (Item No. 4b ) Page 5
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(c) Converter, digital video recorder, remote control, and other Cable Service
equipment rentals, leases, or sales;
(d) installation, disconnection, reconnection, change-in service, “snow -bird” fees;
(e) Advertising Revenues as defined herein;
(f) late fees, convenience fees, and administrative fees;
(g) other service fees such as HD fees, convenience fees, broadcast fees, regional
sports fees, home tech support fees, bill payment fees for in-person or phone payments,
additional outlet fees, and related charges relating to the provisions of Cable Service;
(h) revenues from program guides and electronic guides;
(i) Franchise Fees;
(j) FCC regulatory fees;
(k) except as provided in subsection (ii) below, any fee, tax or other charge assessed
against Grantee by municipality, which Grantee chooses to pass through and collect
from its Subscribers; and
(l) commissions from home shopping channels and other Cable Service revenue
sharing arrangements, which shall be allocated on a pro rata basis using total Cable
Se rvice Subscribers within the City.
(i) “Advertising Revenues” shall mean revenues derived from sales of
advertising that are made available to Grantee’s Cable System Subscribers within
the City and shall be allocated on a pro rata basis using total Cable Service
Subscribers reached by the advertising. Additionally, Grantee agrees that Gross
Revenues subject to Franchise Fees shall include all commissions, representative
fees, Affiliated entity fees, or rebates paid to National Cable Communications
and Comcast Spotlight or their successors associated with sales of advertising on
the Cable System within the City allocated according to this paragraph using total
Cable Service Subscribers reached by the advertising.
(ii) “Gross Revenues” shall not include:
1. actual bad debt write -offs, except any portion which is
subsequently collected, which shall be allocated on a pro rata basis using
Cable Services revenue as a percentage of total Subscriber revenues
within the City;
2. Public, Education and Government (PEG) Fees; and
3. unaffiliated third -party advertis ing sales agency fees which are
reflected as a deduction from revenues.
City council meeting of April 19, 2021 (Item No. 4b ) Page 6
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Grantee shall allocate fees and revenues generated from bundled packages and services
to cable revenues pro rata based on current published rate card for the packaged
services delivered on a stand-alone basis as follows:
(i) To the extent revenues are received by Grantee for the provision of a
discounted bundle of services which includes Cable Services and non-Cable
Services, Grantee shall calculate revenues to be included in Gross Revenues
using a GAAP methodology that allocates revenue, on a pro rata basis when
comparing the bundled service price and its components to the sum of the
published rate card, except as required by specific federal, state or local law (for
example, it is expressly understood that equipment may be subject to inclusion
in the bundled price at full rate card value). The City reserves its right to review
and to challenge Grantee’s calculations.
(ii) Grantee reserves the right to change the allocation methodologies set
forth in this section in order to meet the standards required by governing
accounting principles as promulgated and defined by the Financial Accounting
Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S.
Securities and Exchange Commission (“SEC”). Grantee will explain and
document the required changes to the City upon request or as part of any audit
or review of Franchise Fee payments, and any such changes shall be subject to
the next subsection below.
(iii) Re solution of any disputes over the classification of revenue should first
be attempted by agreement of the parties, but should no resolution be reached,
the parties agree that reference shall be made to GAAP as promulgated and
defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues
Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”).
Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s
calculation of Gross Revenues, including the interpretation of GAAP as
pro mulgated and defined by the FASB, EITF and/or the SEC.
1.21 “Normal Business Hours” means those hours during which most similar businesses in
the City are open to serve customers. In all cases, “Normal Business Hours” must include some
evening hours, at least one (1) night per week and/or some weekend hours.
1.22 “Normal Operating Conditions” means those Service conditions which are within the
control of Grantee. Those conditions which are not within the control of Grantee include, but
are not limited to, natural disasters, civil disturbances, power outages, telephone network
outages, and severe or unusual weather conditions. Those conditions which are ordinarily
within the control of Grantee include, but are not limited to, special promotions, pay-per-view
events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade
of the Cable System.
1.23 “PEG” means public, education and government.
City council meeting of April 19, 2021 (Item No. 4b ) Page 7
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
1.24 “Person” means any natural person and all domestic and foreign corporations, closely -
held corporations, associations, syndicates, joint stock corporations, partnerships of every kind,
clubs, businesses, common law trusts, societies and/or any other legal e ntity.
1.25 “Public Right-of-Way or Right -of-Way” means the area on, below, or above a public
roadway, alleyway, highway, street, cartway, bicycle lane or public sidewalk in which the City
has an interest, including other dedicated rights-of-way for travel purposes and utility
easements of the City. A Right-of-Way does not include the airwaves above a Right-of-Way
with regard to cellular or other nonwire telecommunications or broadcast service.
1.26 “Subscriber” means a Person who lawfully receives Cable Service.
1.27 “V ideo Programming” means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station.
1.28 “Wireline MVPD” means any entity, including the City, that utilizes the Right-of-Ways to
install cable or fiber and is engaged in the business of making available for purchase, by
Subscribers, multiple Channels of Video Programming in the City, which could also include the
City. For purposes of this Franchise, the term “Wireline MVPD” shall not be limited to entities
defined by the FCC as “multichannel video programming distributors” and shall include entities
that provide multiple Channels of Video Programming via open video systems, as defined by
the FCC, but it is the intent of the Grantee and the City that the term Wireline MVPD shall not
include small cell providers, unless the City has the legal authority under Applicable Law to
regulate or to impose cable franchise obligations upon such small cell providers.
SECTION 2 Franchise
2.1 Grant of Franchise. The City hereby authorizes Grantee to occupy or use the City’s
Right -of-Ways subject to: 1) the provisions of this non-exclusive Franchise to provide Cable
Service within the City; and 2) all applicable provisions of the City Code. Unless this Franchise
has expired pursuant to Section 2.8 herein or this Franchise is otherwise terminated pursuant
to Section 11.2 herein, said Franchise shall constitute both a right and an obligation to provide
Cable Services as required by the provisions of this Franchise. Nothing in this Franchise shall be
construed to prohibit Grantee from: (1) providing services other than Cable Services to the
extent not prohibited by Applicable Law; or (2) challenging any exercise of the City’s legislative
or regulatory authority in an appropriate forum. The City hereby reserves all of its rights to
regulate such other services to the extent not prohibited by Applicable Law and no provision
herein shall be construed to limit or give up any right to regulate.
2.2 Reservation of Authority. The Grantee specifically agrees to comply with the lawful
provisions of the City Code and applicable regulations of the City. Subject to the police power
exception below, in the event of a conflict between: A) the lawful provisions of the City Code or
applicable re gulations of the City; and B) this Franchise, the express provisions of this Franchise
shall govern. Subject to express federal and state preemption, the material terms and conditions
contained in this Franchise may not be unilaterally altered by the City through subsequent
amendments to the City Code, ordinances or any regulation of City, except in the lawful exercise
of City’s police power. Grantee acknowledges that the City may modify its regulatory policies by
lawful exercise of the City’s police powe rs throughout the term of this Franchise. Grantee agrees
City council meeting of April 19, 2021 (Item No. 4b ) Page 8
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
to comply with such lawful modifications to the City Code; however, Grantee reserves all rights it
may have to challenge such modifications to the City Code whether arising in contract or at law.
The City reserves all of its rights and defenses to such challenges whether arising in contract or at
law. Nothing in this Franchise shall (A) abrogate the right of the City to perform any public works
or public improvements of any description, (B) be construed as a waiver of any codes or
ordinances of general applicability promulgated by the City, or (C) be construed as a waiver or
release of the rights of the City in and to the Right-of -Ways.
2.3 Franchise Term. The term of this Franchise shall be ten (10) years from the Effective
Date, unless renewed, amended or extended by mutual written consent in accordance with
Section 17.7 or terminated sooner in accordance with this Franchise.
2.4 Franchise Area. This Franchise is granted for the Franchise Area defined he rein.
Grantee shall extend its Cable System to provide Service to any residential unit in the City in
accordance with Section 6.8 herein.
2.5 Franchise Nonexclusive. The Franchise granted herein shall be nonexclusive. The City
specifically reserves the right to grant, at any time, such additional franchises for a Cable
System as it deems appropriate provided, however, such additional grants shall not operate to
materially modify, revoke, or terminate any rights previously granted to Grantee other than as
described in Section 17.18. The grant of any additional franchise shall not of itself be deemed
to constitute a modification, revocation, or termination of rights previously granted to Grantee.
Any additional cable franchise grants shall comply with Minnesota Statutes § 238.08 and any
other applicable federal level playing field requiremen ts.
2.6 Periodic Public Review of Franchise. The City may conduct a public review of the
Franchise. The purpose of any such review shall be to ensure, with the benefit of full
opportunity for public comment that the Grantee continues to effectively serve the public in
accordance with Applicable Law, and considering any new cable technology, Grantee’s
performance with the requirements of this Franchise, local regulatory environment, community
needs and interests, and other such factors. So long as Grantee receives reasonable notice,
Grantee shall cooperate in good faith. The review shall not operate to modify or change any
provision of this Franchise without mutual written consent in accordance with Section 17.7 of
this Franchise. The City and Grantee shall each be responsible for their own costs regarding the
conduct of, or cooperation with, any such periodic review.
2.7 Transfer of Ownership.
(a) A sale or transfer of this Franchise , including a sale or transfer by means of a
“fundamental corporate change,” as defined by Minnesota Statutes §238.083 Subd. 1,
or the sale or transfer of stock in Grantee so as to create a new “controlling interest,” as
defined in Minnesota Statutes §238.083 Subd. 6, in the Cable System, shall require the
written approval of the City. G rantee shall submit a written request to the City for
approval, provided, however, that said approval shall not be required where Grantee
grants a security interest in its Franchise and assets to secure an indebtedness. The
written approval of the City shall not be required under this section for internal
corporate reorganizations involving Affiliates or pledges of the Franchise as collateral or
security for any loan or other debt instrument.
City council meeting of April 19, 2021 (Item No. 4b ) Page 9
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(b) City shall approve or deny in writing the sale or transfer reque st. City shall set
forth in writing with particularity its reason(s) for denying approval. City shall not
unreasonably withhold its approval.
(c) Any sale or transfer of stock in Grantee so as to create a new controlling interest
in the System shall be subject to the requirements of this Section 2.7. The term
“controlling interest” as used herein is not limited to majority stock ownership but
includes actual working control in whatever manner exercised. In no event shall a
transfer or assignment of ownership or control be approved without the transferee
becoming a signatory to this Franchise and assuming all rights and obligations
thereunder, and assuming all other rights and obligations of the transferor to the City.
(d) In accordance with Minnesota Statutes § 238.084, Subd. 1(y), the City shall have
the right to purchase the System in the event the Franchise or System is proposed to be
transferred or sold on the same terms and conditions as the offer pursuant to which
transfer notice was provided pursuant to this section . The City shall have thirty (30)
Days from receipt of an application for consent under this Section 2.7 in which to give
notice of its intention to consider exe rcising such right.
(e) If the City has issued a written notice of franchise violation in accordance with
the terms of this Franchise, the transfer may be conditioned upon the transferee
agreeing to a mutually acceptable remediation plan. The approval of any transfer of
ownership pursuant to this section shall not be deemed to waive any rights of the City
to subsequently enforce noncompliance issues relating to this Franchise even if such
issues predated the approval, whether known or unknown to the City.
2.8 Expi ration. Upon expiration of the Franchise, the City shall have the right at its own
election and subject to Grantee’s rights under Section 626 of the Cable Act to:
(a) extend the Franchise, though nothing in this provision shall be construed to
require such ex tension;
(b) renew the Franchise, in accordance with Applicable Laws;
(c) invite additional franchise applications or proposals;
(d) terminate the Franchise subject to any rights Grantee has under Section 626 of
the Cable Act; or
(e) take such other action as the City deems appropriate.
2.9 Right to Require Removal of Property. At the expiration of the term for which this
Franchise is granted, provided no renewal is granted, or upon its forfeiture or revocation as
provided for herein, the City shall have the right to require Grantee to remove at Grantee’s own
expense all or any part of the Cable System from all Right-of-Ways and public ways within the
Franchise Area within a reasonable time. If Grantee fails to do so, the City may perform the
work and collect the cost thereof from Grantee. However, Grantee shall have no obligation to
remove the Cable System where it utilizes the System to provide other non-Cable Services and
has any other authority under Applicable Law to maintain facilitates in the Public Rights-of-
City council meeting of April 19, 2021 (Item No. 4b ) Page 10
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Way, or where Grantee is able to find a purchaser of the Cable System who holds such
authorization.
2.10 Continuity of Service Mandatory. It shall be the right of all Subscribers to receive Cable
Service in accordance with the terms of this Franchise and Applicable Law. In the event that
Grantee elects to overbuild, rebuild, modify, or sell the Syste m, or the City revokes or fails to
renew the Franchise, Grantee shall make its best effort to ensure that all Subscribers receive
continuous uninterrupted service, regardless of the circumstances, while the Franchise remains
effective. In the event of expiration, revocation/termination, purchase, lease-purchase,
condemnation, acquisition, taking over or holding of plant and equipment, sale, lease, or other
transfer to any other Person, including any other grantee of a cable franchise, the current
Grantee shall cooperate fully to operate the System in accordance with the terms and
conditions of this Franchise for a temporary period sufficient in length to maintain continuity of
service to all Subscribers.
SECTION 3 Operation in Streets and Rights-of-Way
3.1 Use of Right-of-Ways.
(a) Grantee may, subject to the terms of this Franchise and the City Code, erect,
install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across
and along the Right-of-Ways within the City such lines, cables, conductors, ducts,
conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other
property and equipment as are necessary and appurtenant to the operation of a Cable
System within the City. Without limiting the foregoing, Grantee expressly agrees that it
will construct, operate and maintain its Cable System in compliance with, and subject to,
the requirements of the City Code, including by way of example and not limitation,
those requirements governing the placement of Grantee’s Cable System; and with other
applicable City Codes, and will obtain, pay for and maintain all permits and bonds
required by the City Code in addition to those required in this Franchise.
(b) All wires, conduits, cable and other property and facilities of Grantee shall be so
located, constructed, installed and maintained as not to endanger or unnecessarily
interfere with the usual and customary trade, traffic and travel upon, or other use of the
Right -of-Ways of City. Grantee shall keep and maintain all of its property in good
condition, order and repair so that the same shall not menace or endanger the life or
property of any Person. Consistent with the mapping requirements in Section 4.6 of this
Franchise, Grantee shall keep accurate maps and records of all of its wires, conduits,
cables and other property and facilities located, constructed and maintained in the City.
(c) All wires, conduits, cables and other property and facilities of Grantee, shall be
constructed and installed in an orderly and professional manner in accordance with all
applicable requirements of the City Code and Applicable Law. All wires, conduits and
cables shall be installed, where possible, parallel with electric and telephone lines.
Multiple cable configurations shall be arranged in parallel and bundled with due respect
for engineering considerations.
City council meeting of April 19, 2021 (Item No. 4b ) Page 11
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(d) Nothing in this Franchise shall be construed to prevent the City from
constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining,
repairing, relocating and/or altering any Right-of-Way; constructing, laying down,
repairing, maintaining or relocating any water mains; or constructing, maintaining,
relocating, or repairing any sidewalk or other p ublic work.
3.2 Construction or Alteration. Grantee shall in all cases comply with applicable sections of
the City Code, City resolutions and City regulations regarding the acquisition of permits and/or
such other items as may be reasonably required in order to construct, alter or maintain the
Cable System. Grantee shall, upon request, provide information to the City regarding its
progress in completing or altering the Cable System.
3.3 Non-Interference. Grantee shall exert its best efforts to construct and maintain a Cable
System so as not to interfere with other uses of Right-of-Ways. Grantee shall, where possible in
the case of above ground lines, make use of existing poles and other facilities available to
Grantee. When residents receiving underground service or who will be receiving underground
service will be affected by proposed construction or alteration, Grantee shall provide such
notice as set forth in the permit or in City Code of the same to such affected residents.
3.4 Consistency with Designated Use. Notwithstanding the above grant to use Right-of-
Ways, no Right-of-Way shall be used by Grantee if the City, in its sole opinion, determines that
such use is inconsistent with the terms, conditions or provisions by which such Right-of-Way
was created or dedicated, or presently used under Applicable Laws.
3.5 Undergrounding. Grantee shall in all cases comply with applicable sections of the City
Code, City resolutions and City regulations when installing facilities underground.
(a) Grantee shall place underground all of its transmission lines which are located or
are to be located above or within the Right-of-Ways of the City in the following cases:
(i) all other existing utilities are required to be placed underground by
statute, resolution, policy or other Applicable Law;
(ii) Grantee is unable to get pole clearance;
(iii) underground easements are obtained from developers of new residential
areas; or
(iv) utilities are overhead but residents prefer underground (undergrounding
provided at cost paid by benefitted residents).
(b) If an ordinance is passed which involves placing underground certain utilities
including Grantee’s cable plant which is then located overhead, Grantee shall participate
in such underground project and shall remove poles, cables and overhead wires if
requested to do so and place facilities underground. Nothing herein shall mandate that
City provide reimbursement to Grantee for the costs of such relocation and removal.
However, if the City makes available funds for the cost of placing facilities underground,
nothing herein shall preclude the Grantee from participating in such funding to the extent
consis tent with the City Code or Applicable Laws. If non-City funds, such as funds from
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
state or federal grant funding, are made available to place electric or telephone lines
underground, nothing herein shall prohibit Grantee from participating in such funding.
(c) Grantee shall use conduit or its functional equivalent to the greatest extent
possible for undergrounding, except for Drops from pedestals to Subscribers’ homes
and for cable on other private property where the owner requests that conduit not be
used. Cable and conduit shall be utilized which meets the highest industry standards for
electronic performance and resistance to interference or damage from environmental
factors. Grantee shall use, in conjunction with other utility companies or providers,
common trenches for underground construction wherever available.
3.6 Maintenance and Restoration.
(a) Restoration. In case of disturbance of any Right-of-Way, public way, paved area
or public improvement, Grantee shall, at its own cost and expense and in accordance
with the requirements of the City Code restore such Right-of-Way, public way, paved
area or public improvement to substantially the same condition as existed before the
work involving such disturbance took place. All requirements of this section pertaining
to public property shall also apply to the restoration of private easements and other
private property. Grantee shall perform all restoration work within a re asonable time
and with due regard to seasonal working conditions. If Grantee fails, neglects or refuses
to make restorations as required under this section and any applicable City Code
provision, then the City may do such work or cause it to be done, and the cost thereof to
the City shall be paid by Grantee. If Grantee causes any damage to private property in
the process of restoring facilities, Grantee shall repair such damage.
(b) Maintenance. Grantee shall maintain all above ground improvements that it
places on City Right -of-Ways pursuant to the City Code and any permit issued by the
City. In order to avoid interference with the City’s ability to maintain the Right-of-Ways,
Grantee shall provide such clearance as is required by the City Code and any permit
issued by the City. If Grantee fails to comply with this provision, and by its failure,
property is damaged, Grantee shall be responsible for all damages caused thereby.
(c) Disputes. In any dispute over the adequacy of restoration or maintenance
relative to this section, final determination shall be the prerogative of the City,
Department of Engineering and consistent with the City Code and any permit issued by
the City.
3.7 Work on Private Property. Grantee, with the consent of property owners, shall have the
authority, pursuant to the City Code, to trim trees upon and overhanging Right-of-Ways, alley s,
sidewalks, and public ways so as to prevent the branches of such trees from coming in contact
with the wires and cables of Grantee, except that at the option of the City, such trimming may
be done by it or under its supervision and direction at the reasonable expense of Grantee.
3.8 Relocation.
(a) Public Property. Grantee shall relocate its System and facilities in accordance
with the City Code. In addition, if, during the term of the Franchise, the City or any
government entity elects or requires a third party to alter, repair, realign, abandon,
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improve, vacate, reroute or change the grade of any Right-of-Way or other public
property; or to construct, maintain or repair any public improvement; or to replace,
repair install, maintain, or otherwise alter any cable, wire conduit, pipe, line, pole, wire -
holding structure, structure, or other facility, including a facility used for the provision of
utility or other serv ices or transportation of drainage, sewage or other liquids, for any
public purpose, Grantee shall, upon request, except as otherwise hereinafter provided,
at its sole expense remove or relocate as necessary its poles, wires, cables, underground
conduits, vaults, pedestals, manholes and any other facilities which it has installed.
Nothing herein shall mandate that City provide reimbursement to Grantee for the costs
of such relocation and removal. However, if the City makes available funds for the cost
of placing facilities underground, nothing herein shall preclude the Grantee from
participating in such funding to the extent consistent with the City Code or Applicable
Laws. If non -City funds, such as funds from state or federal grant funding, are made
available to place electric or telephone lines underground, nothing herein shall prohibit
Grantee from participating in such funding.
(b) Utilities and Other Franchisees. If, during the term of the Franchise, another
entity which holds a franchise or any utility requests Grantee to remove or relocate such
facilities to accommodate the construction, maintenance or repair of the requesting
party’s facilities, or their more efficient use, or to “make ready” the requesting party’s
facilities for use by others, or because Grantee is using a facility which the requesting
party has a right or duty to remove, Grantee shall do so. The companies involved may
decide among themselves who is to bear the cost of removal or relocation, pursuant to
City Code, and provided that the City shall not be liable for such costs.
(c) Notice to Remove or Relocate. Any Person requesting Grantee to remove or
relocate its facilities shall give Grantee no less than forty -five (45) Days’ advance written
notice advising Grantee of the date or dates removal or relocation is to be undertaken,
provided that no advance written notice shall be required in emergencies or in cases
where public health and safety or property is endangered.
(d) Failure by Grantee to Remove or Relocate. If Grantee fails, neglects or refuses to
remove or relocate its facilities as directed by the City; or in emergencies or where
public health and safety or property is endangered, the City may do such work or cause
it to be done, and the cost thereof to the City shall be paid by Grantee. If Grantee fails,
neglects or refuses to remove or relocate its facilities as directed by another franchisee
or utility, that franchisee or utility may do such work or cause it to be done, and if
Grantee would have been liable for the cost of performing such work, the cost thereof
to the party performing the work or having the work performed shall be paid by
Grantee.
(e) Procedure for Removal of Cable. Grantee shall not remove any underground
cable or conduit which requires trenching or other opening of the Right-of-Ways along
the extension of cable to be removed, except as hereinafter provided. Grantee may
remove any underground cable from the Right-of-Ways which has been installed in such
a manner that it can be removed without trenching or other opening of the Right-of-
Ways along the extension of cable to be removed. Subject to Applicable Law, Grantee
shall remove, at its sole cost and expense, any underground cable or conduit by
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
trenching or opening of the Right-of-Ways along the extension thereof or otherwise
which is ordered to be removed by the City based upon a determination, in the sole
discretion of the City, that removal is required in order to eliminate or prevent a
hazardous condition. In the event this occurs, Grantee shall notify the City and follow
the requirements of the City’s Department of Engineering and City Code. Underground
cable and conduit in the Right-of-Ways which is not removed shall be deemed
abandoned and title thereto shall be vested in the City.
(f) Movement of Buildings. Grantee shall, upon request by any Person holding a
building moving permit, franchise or other approval issued by the City, temporarily
remove, raise or lower its wire to permit the movement of buildings. The expense of
such removal, raising or lowering shall be paid by the Person requesting same, and
Grantee shall be authorized to require such payment in advance. The City shall require
all building movers to provide not less than fifteen (15) Days’ notice to the Grantee to
arrange for such temporary wire changes.
SECTION 4 Removal or Abandonment of System
4.1 Removal of Cable System. In the event that: (l) the use of the Cable System is
discontinued for any reason for a continuous period of twelve (12) months; or (2) the Cable
System has been installed in a Right-of-Way without complying with the requirements of this
Franchise or the City Code, Grantee, at its expense shall, at the demand of the City remove
promptly from the Right-of -Ways all of the Cable System other than any which the City may
permit to be abandoned in place. In the event of any such removal Grantee shall promptly
restore the Right-of -Way to a condition as nearly as possible to its prior condition or other
public places in the City from which the System has been removed. However, Grantee shall
have no obligation to remove the Cable System where it utilizes the System to provide other
non-Cable Services and has any other authority under Applicable Law to maintain facilities in
the Right-of-Way, or where Grantee is able to find a purchaser of the Cable System who holds
such authorization.
4.2 Abandonment of Cable System. In the event of Grantee’s abandonment of the Cable
System, City shall have the right to require Grantee to comply with the state right-of -way rules,
Minnesota Rules, Chapter 7819. The Cable System to be abandoned in place shall be
abandoned in the manner prescribed by the City. Grantee may not abandon any portion of the
System without having first given three (3) months written notice to the City. Grantee may not
abandon any portion of the System without compensating the City for damages resulting from
the abandonment.
4.3 Removal afte r Abandonment or Termination. If Grantee has failed to commence
removal of System, or such part thereof as was designated by City, within thirty (30) Days after
written notice of City’s demand for removal consistent with Minnesota Rules, Chapter 7819, is
given, or if Grantee has failed to complete such removal within twelve (12) months after
written notice of City’s demand for removal is given, City shall have the right to apply funds
secured by the performance bond, and any pending letter of credit required by Section 10.1 of
this Franchise, toward removal and/or declare all right, title, and interest to the Cable System
for the City with all rights of ownership including, but not limited to, the right to operate the
Cable System or transfer the Cable System to another for operation by it.
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
4.4 City Options for Failure to Remove Cable System. If Grantee has failed to complete
such removal within the time given after written notice of the City’s demand for removal is
given, the City shall have the right to exercise one of the following options:
(a) Declare all right, title and interest to the System for the City or its designee with
all rights of ownership including, but not limited to, the right to operate the System or
transfer the System to another for operation by it; or
(b) Declare the System abandoned and cause the System, or such part thereof as
the City shall designate, to be removed at no cost to the City. The cost of said removal
shall be recoverable from the performance bond, indemnity and penalty section
prov ided for in this Franchise or from Grantee directly.
(c) Upon termination of service to any Subscriber, Grantee shall promptly remove
all facilities and equipment f rom within the dwelling of a Subscriber who owns such
dwelling upon his or her written request, except as provided by Applicable Law. Such
Subscribers shall be responsible for any costs incurred by Grantee in removing the
facilities and equipment.
4.5 System Construction and Equipment Standards. The Cable System shall be installed
and maintained in accordance with standard engineering practices and shall conform, when
applicable, with the National Electrical Safety Code, the National Electrical Code and the FCC’s
Rules and Regulations.
4.6 System Maps and Layout. In addition to any generally applicable mapping
requirements included in the City Code and required of other utilities, Grantee shall maintain
complete and accurate system maps, which shall include trunks, distribution lines, and nodes.
Such maps shall include up-to-date route maps showing the location of the Cable System
adjacent to the Right-of-Ways. Grantee shall make all maps available for review by the
appropriate City personnel.
SECTION 5 System Design and Capacity
5.1 Availability of Signals and Equipment.
(a) The Cable System utilizes a fiber to the fiber node architecture, with fiber optic
cable deployed from Grantee’s headend to Grantee’s fiber nodes, tying into Grantee’s
coaxial Cable System s erving Subscribers. The System shall pass a minimum of 750 MHz
(with a minimum passband of between 50 and 750 MHz) and shall be maintained to
provide to Subscribers a minimum of at least two hundred (200) or more activated
downstream video Channels, or such comparable video viewing capability as is provided
in light of developing technologies and video distribution practices in the future.
(b) The entire System shall be technically capable of transmitting industry-standard
digital television signals in a manne r and quality consistent with applicable FCC
regulations.
(c) Grantee agrees to maintain the Cable System in a manner consistent with, or in
excess of the specifications in Section 5.1 (a) and (b) throughout the term of the
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Franchise with sufficient capability and technical quality to enable the implementation
and performance of all requirements of this Franchise, including the exhibits hereto,
and in a manner which meets or exceeds FCC technical quality standards at 47 C.F.R. §
76 Subpart K, regardless of the particular format in which a signal is transmitted.
5.2 Equal and Uniform Service. Grantee shall provide access to equal and uniform Cable
Service throughout the City consistent with Applicable Law.
5.3 System Specifications.
(a) System Maintenance. In all construction and service provision activities, Grantee
shall meet or exceed the construction, technical performance, extension and service
requirements set forth in this Franchise.
(b) Emergency Alert Capability. At all times during the term of this Franchise,
Grante e shall provide and maintain an Emergency Alert System (“EAS”) consistent with
Applicable Law and regulations including 47 C.F.R., Part 11, and any Minnesota State
Emergency Alert System requirements. The City may identify authorized emergency
officials f or activating the EAS insofar as the City’s process is consistent with the
Minnesota State Emergency Statewide Plan (“EAS Plan”). The City may also develop a
local plan containing methods of EAS message distribution, insofar as the local plan is
consistent with Applicable Laws and the EAS Plan.
(c) Standby Power. Grantee shall provide standby power generating capacity at the
Cable System control center and at all hubs. Grantee shall maintain standby power
system supplies, rated for at least two (2) hours’ duration, throughout the trunk and
distribution networks. In addition, Grantee shall have in place throughout the Franchise
term a plan, and all resources necessary for implementation of the plan, for dealing with
outages of more than two (2) hours.
(d) Technical Standards. The technical standards used in the operation of the Cable
System shall comply, at minimum, with the technical standards promulgated by the FCC
relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of
Federal Regulations, as may be amended or modified from time to time, which
regulations are expressly incorporated herein by reference. The Cable System shall be
installed and maintained in accordance with standard engineering practices and shall
conform with the National Electrical Safety Code and all other Applicable Laws
governing the construction of the Cable System.
5.4 Performance Testing. Grantee shall perform all system tests at the intervals required by
the FCC, and all other tests reasonably necessary to determine compliance with technical
standards required by this Franchise. These tests may include, at a minimum:
(a) Initial proof of performance for any construction;
(b) Semi-annual compliance tests;
(c) Tests in response to Subscriber complaints; and
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(d) Tests reasonably requested by the City to demonstrate Franchise compliance.
(e) Written records of all system test results performed by or for Grantee shall be
maintained and shall be available for City inspection upon request.
5.5 Special Testing.
(a) Throughout the term of this Franchise, City shall have the right to inspect all
construction or installation work performed pursuant to the provisions of the Franchise.
In addition, City may require special testing of a location or locations within the System
if there is a particular matter of controversy or unresolved complaints regarding such
construction or installation work or pertaining to such location(s). Demand for such
special tests may be made on the basis of complaints received or other evidence
indicating an unresolved controversy or noncompliance. Such tests shall be limited to
the particular matter in controversy or unresolved complaints. City shall endeavor to so
arrange its request for such special testing so as to minimize hardship or inconvenience
to Grantee or to the Subscribers impacted by such testing.
(b) Before ordering such tests, Grantee shall be afforded thirty (30) Days following
receipt of written notice to investigate and, if necessary, correct problems or complaints
upon which tests were ordered. City shall meet with Grantee prior to requiring special
tests to discuss the need for such and, if possible, visually inspect those locations which
are the focus of concern. If, after such meetings and inspections, City wishes to
commence special tests and the thirty (30) Days have elapsed without correction of the
matter in controversy or unresolved complaints, the tests shall be conducted at
Grantee’s expense by Grantee’s qualified engineer. The City shall have a right to
participate in such testing by having an engineer of City’s choosing, and at City’s
expense, observe and monitor said testing.
SECTION 6 Programming and Services
6.1 Cate gories of Programming Service . Grantee shall provide Video programming services
in at least the following broad categories:
Local Broadcast (subject to federal carriage requirements)
Public Broadcast
News and Information
Sports
General Entertainment
Arts/Performance/Humanities
Science/Technology
Children/Family/Seniors
Foreign Language/Ethnic Programming
PEG Programming (to the extent required by the Franchise)
Movies
Leased Access, as required by Applicable Law
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
6.2 Changes in Programming Services. Grantee shall provide at least thirty (30) Days’ prior
written notice to Subscribers and to the City of Grantee’s request to effectively delete any
broad category of programming or any Channel within its control, including all proposed
changes in bandwidth or Channel allocation and any assignments including any new equipment
requirements that may occur as a result of these changes.
6.3 Parental Control Device or Capability. Upon request by any Subscriber, Grantee shall
make available, at no additional cost to any Subscriber, a parental control or lockout device or
functionality that will enable the Subscriber to block all access to any and all Channels without
affecting those not blocked. Grantee shall inform Subscribers of the availability of the lockout
device or functionality at the time of original subscription and annually thereafter.
6.4 FCC Reports. The results of any tests required to be filed by Grantee with the FCC shall
also be copied to City within ten (10) Days of the conduct of the date of the tests.
6.5 Free Cable Service to Public Buildings.
(a) The parties acknowledge that as of the Effective Date of this Franchise, Grantee
continues to provide , free of charge, Basic Cable Service (including the PEG Channels) to
certain schools, libraries and public institutions within the Franchise Area as set forth in
Exhibit A (“Complimentary Services”). In the event Grantee elects, to the extent
permitted by Applicable Laws, to invoice the City for Complimentary Services, the
Grantee agrees that it will do so only after providing City with one hundred twenty (120)
Days’ prior written notice. Grantee agrees not to unfairly or unreasonably discriminate
against the City with respect to other Minnesota served local franchising authorities,
with respect to the costs to be imposed for Complimentary Services.
(b) The City shall have right to discontinue receipt of all or a portion of the
Complimentary Service provided by Grantee in the event Grantee elects to impose a
charge against the City for the Complimentary Service as set forth in the preceding
paragraph.
6.6 Limitation on Free Service. Notwithstanding anything to the contrary set forth in this
Section, Grantee shall not be required to provide Complimentary Service to such buildings
unless it is technically feasible. Outlets and mainten ance of said Complimentary Service shall
be provided free of fees and charges.
6.7 Annexation. Unless otherwise provided by Applicable Law, including the City Code,
upon the annexation of any additional land area by City, the annexed area shall thereafter be
subject to all the terms of this Franchise upon sixty (60) Days written notification to Grantee of
the annexation by City. Unless otherwise required by Applicable Laws, nothing herein shall
require the Grantee to expand its Cable System to serve, or to offer Cable Service to any area
annexed by the City if such area is then served by another Wireline MVPD franchise to provide
multichannel video programming.
6.8 Line Extension.
(a) Grantee shall construct and operate its Cable System so as to provide Cable
Service within the Franchise Area where there exists a density equivalent of seven (7)
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
dwelling units per one -quarter (1/4) mile of feeder cable as measured from the nearest
active plant of the Cable System if the extension is to be constructed using aerial plant,
and nine (9) dwelling units per one-quarter (1/4) m ile of feeder cable as measured from
the nearest active plant if the extension is to be constructed using underground plant.
The City, for its part, shall endeavor to exercise reasonable efforts to require developers
and utility companies to provide the G rantee with at least fifteen (15) Days advance
notice of an available open trench for the placement of necessary cable.
(b) Any residential unit located within one hundred twenty-five (125) feet from the
nearest point of access on the Right-of-Way from which the Cable System is designed to
serve the site shall be connected to the Cable System at no charge other than the
standard installation charge. Grantee shall, within fifteen (15) Days request by any
potential Subscriber residing in City beyond the one hundred twenty-five (125) foot
limit, provide a quote identifying the costs associated with extending service to such
Subscriber. Grantee shall perform the extension of service as soon a reasonably
possible and in no event longer than thirty (30) Days, provided that the Subscriber shall
pay the net additional Drop costs, unless the Grantee agrees to waive said costs. To the
extent consistent with Applicable Laws, Grantee agrees that it shall impose installation
costs for non-standard installations in a uniform and nondiscriminatory manner
throughout the City.
6.9 Nonvoice Return Capability. Grantee is required to use cable and associated electronics
having the technical capacity for nonvoice return communications.
SECTION 7 Local Peg Programming
7.1 Number of PEG Channels.
(a) Grantee shall continue to make available a minimum of five (5) PEG Channels in
Standard Definition (“SD”) and one (1) PEG Channel in High Definition (“HD”).
Throughout the term of this Franchise Grantee shall provide the PEG Channels on the
Basic Cable Service tier or such other most highly penetrated tier of Cable Service as
may be offered by Grantee in accordance with Applicable Law.
(b) For purposes of this Franchise, HD signal refers to a television signal delivering
picture resolution of either 720p or greater.
7.2 HD PEG Channels.
(a) Throughout the term of this Franchise, Grantee shall continue to make one (1) of
the PEG Channels available in both SD and HD format.
(b) Within ninety (90) Days of the Effective Date of this Franchise, Grantee shall
make a se cond PEG Channel available in both SD and HD format.
(c) At the time a second HD PEG Channel is provided, the City will give up one (1) SD
PEG Channel, so that the City will then have four (4) SD PEG Channels, and two (2) HD
PEG Channels. The City at its sole discretion will choose the SD PEG Channel that is
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
given back to Grantee, and the PEG Channel that becomes capable of SD/HD
programming.
(d) Within one hundred eighty (180) Days of the Effective Date of this Franchise, the
City will have the option to give back, upon ninety (90) Days written notice to Grantee, a
second SD PEG Channel and Grantee shall provide SD/HD capability to one of the
remaining SD PEG Channels, so that the City will then have three (3) SD PEG Channe ls,
and three (3) HD PEG Channels. The City shall determine, in the City’s sole discretion,
which PEG Channel to give back, and which PEG Channel shall then be capable of SD/HD
programming.
(e) Nothing herein shall diminish any rights of the City to secure additional PEG
Channels pursuant to Minnesota Statutes Section 238.084, which is expressly
incorporated herein by reference.
(f) At such time as eighty percent (80%) of the Grantee’s Basic Service tier Channels
are provided exclusively in HD format, the City may request, and the Grantee shall
provide upon one hundred twenty (120) Days’ notice, that the remaining SD PEG
Channels be converted to HD Channels, subject to the other requirements of this
section. In the event that all PEG Channels are made available in HD, the City’s
maximum number of PEG Channels shall be three (3). For purposes of calculating the
eighty percent (80%) threshold, “on demand” programming and similar programming is
not considered a Channel, even if available to Basic Cable Service Subscribers.
(g) The City acknowledges that receipt of an HD format PEG Channel may require
Subscribers to buy or lease special equipment or pay additional HD charges applicable to
all HD services.
(h) Any costs of end-user equipment associated with the delivery of PEG Channels in
HD format beyond the Demarcation Point shall be borne by the City and may be paid for
out of PEG funds.
(i) Grantee shall have the right to use any technology to deploy or deliver HD
signals (including selection of compression, utilization of IP an d other processing
characteristics) so lo ng as it produces signal quality for the consumer that is reasonably
comparable (from the viewer’s standpoint) and functionally equivalent to similar
commercial HD signals carried on the Cable System.
7.3 Control of PEG Channels. The control and administration of the PEG Channels shall rest
with the City. The City may delegate, from time to time over the term of this Franchise, such
control and administration to various entities as determined in City’s sole discretion.
7.4 Transmission of PEG Channels. PEG Channels may be used for transmission of non-
video signals in compliance with Applicable Laws. This may include downstream transmission
of data using a protocol such as TCP/IP or current industry standards. Should Grantee develop
the capability to provide bi-directional data transmission, spectrum capacity shall be sufficient
to allow Subscribers to transmit data to PEG facilities.
7.5 PEG Channel Locations.
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(a) PEG Channels shall be carried on the Basic Cable Service tier as set forth in
Section 7.1 herein. Nothing herein precludes the Grantee from charging Subscribers for
equipment needed for Basic Cable Service. Grantee shall initially continue cablecasting
PEG access programming on the Cable System on the same Channel designations as
such programming is cablecast within the City as of the Effective Date. In no event shall
any PEG Channel relocations be made prior to ninety (90) Days written notice to the City
by Grantee, except for circumstances beyond Grantee’s reasonable control. If
relocated, the PEG Channels will be located on consecutive Channel numbers in the SD
Channel lineups as applicable and within reasonable proximity to other broadcast or
news Channels, excluding pay-per-view programming offered by Grantee in the City.
For new HD PEG Channels that are provided pursuant to this Franchise, Grantee shall
make reasonable commercial efforts to assign the PEG Channels a number near the
other HD local broadcast stations if such Channel positions are not already taken, or if
that is not possible, near HD news/public affairs programming Channels if such Channel
positions are not already taken, or if not possible, as reasonably close as available
Channel numbering will allow. Currently the HD PEG Channels are located, or expected
to be located, on 799, 798 and 853.
(b) Grantee agrees not to encrypt the PEG Channels differently than other
commercial Channels available on the Cable System.
(c) Grantee shall make reasonable efforts to minimize Channel movements for PEG
Channels and shall make reasonable efforts to locate both SD and HD PEG Channels in
its lineup in a manner that is easily accessible to Subscribers. In the event an SD PEG
Channel is moved, Grantee shall provide a rebranding reimbursement grant of One
Thousand Five Hundred and No/100 Dollars ($1,500) per relocated Channel.
7.6 Navigation to PEG Channels and Electronic Programming Guide . Grantee agrees that if
it utilizes any navigation interfaces under its control on its Cable System for all Channels, the
PEG Channels shall be treated in a non-discriminatory fashion consistent with Applicable Laws
so that Subscribers will have ready access to PEG Channels. Grantee will maintain the existing
ability of the City to place PEG Channel programming information on the interactive Channel
guide via the electronic programming guide (“EPG”) vendor (“EPG provider”) that Grantee
utilizes to provide the guide service. Grantee will be responsible for providing the designations
and instructions necessary for the PEG Channels to appear on the EPG. All costs and
operational req uirements of the EPG provider shall be the responsibility of the City. City
acknowledges that the EPG may not be technically possible for all PEG programming, and that
Grantee is not responsible for operations of the EPG provider.
7.7 Ownership of PEG Channels. Grantee does not relinquish its ownership of or ultimate
right of control over a Channel by designating it for PEG use. A PEG access user – whether an
individual, education or government user – acquires no property or other interest by virtue of
the use of a Channel position so designated. Grantee shall not exercise editorial control over
any public, education, or government use of a Channel position, except Grantee may refuse to
transmit any public access program or portion of a public access program that contains
obscenity, indecency, or nudity in violation of Applicable Law.
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
7.8 PEG Monitoring. Grantee shall provide the capability, without charge, for the City Hall
locations and the ParkTV master control facility listed, to monitor and verify the audio and
visual quality of PEG Channels received by Subscribers as well as the existing connections and
equipment at the ParkTV master control facility. This will include equipment comparable to
that deployed to residential cable Subscribers that will allow the City to verify the accuracy of
EPG listings for the PEG Channels consistent with what is currently provided. Grantee shall also
maintain one (1) feed to the City Hall office to provide the ability to monitor Subscriber services
and address Subscriber concerns, which feed shall include all cable boxes and platforms (i.e.
Xfinity X1).
7.9 PEG Transport. During the term of this Franchise, Grantee will provide PEG transport as
follows:
(a) The City may transmit signals for the PEG Channels in “real time” upstream from
the locations listed in Exhibit B from the ParkTV master control located at City Hall to
Grantee’s hub and head-end using existing fiber connections without additional charge
from Grantee .
(b) Grantee shall provide the capability for the City, either through a fiber
connection, DOCSIS cable modem solution, or other technology of Grantee’s choosing,
to transmit live programming from additional locations of the City’s choosing, subject to
the City providing or renting necessary modems, encoders, decoders or similar devices,
configuring such equipment, and removing such equipment in the event of interference
with Grantee’s delivery of Cable Service. To the extent a set of mobile DOCSIS cable
modems (or such other devices as may replace DOCSIS modems during the term of this
Franchise) are utilized, such modems shall be able to connect to the Subscriber network
at permanent or temporary Drops, subject to two (2) weeks prior written notice to
Grantee and use upstream capacity on the Subscriber network to transmit programming
via the Subscriber network and the connections to the ParkTV master control equal to
or of better quality than the PEG signals transmitted to Subscribers.
(i) The City shall be responsible for purchasing high speed internet service
for the transmission of live programming at market rates.
(ii) The City shall provide any necessary encoders, decoders or similar
devices and shall configure equipment and connections so that signals can be
transmitted to the Park TV master control.
(iii) Grantee may request that the City remove an encoder, or similar device if
it technically interferes with Grantee’s delivery of Cable Service.
(c) Grantee shall maintain the existing fiber paths/equipment and existing PEG
connectivity to the locations listed in Exhibit B during the term of this Franchise, without
additional charge (with no recurring, monthly costs or offsets, except that Grantee may
invoice the City for any actual repair or maintenance costs which shall not exceed Five
Thousand and No/100 Dollars ($5,000) per year and which shall be estimated to the City
in advance whenever possible, and shall be documented and invoiced to the City for
payment) to permit the City to transport PEG programming. This will allow the City to
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
continue cablecasting PEG programming from the locations listed in Exhibit B and will
maintain connections from the City to Grantee’s hub and head-end without additional
charge or offsets.
(d) Grantee reserves any rights it may have under the FCC Section 621 Order, as
defined in Section 17.19 herein, to impose lawfully permitted charges for the PEG
transport and associated equipment as outlined in this paragraph, but Grantee may
impose such charges against the City only to the extent such charges are also imposed by
Grantee on all other Minnesota local franchising authorities where Grantee has similar
PEG transport obligations. Grantee agrees that any costs incurred by the City under this
Section 7.9 shall be considered a PEG capital cost unless prohibited by Applicable Law.
7.10 Future PEG Transport. At such time that the City determines:
(a) that the City desires the capacity to allow Subscribers in the City to receive PEG
programming (video or character generated) which may originate from schools, City
facilities, other govern ment facilities or other designated facilities (other than those
indicated in Section 7.8); or
(b) that the City desires to establish or change a location from which PEG
programming is originated; or
(c) that the City desires to upgrade the connection to Grantee from an existing
signal point of origination,
the City will give Grantee written notice detailing the point of origination and the capability
sought by the City. After an agreement to reimburse Grantee for Grantee’s out of pocket time
and material costs, G rantee will implement any necessary Cable System changes within a
reasonable period of time. Nothing herein prevents the City, or a private contractor retained
by the City, from constructing said connection.
7.11 PEG Channel Carriage .
(a) The City or its designee shall be responsible for developing, implementing,
interpreting and enforcing rules for PEG Channel use.
(b) The Grantee shall monitor the PEG Channels for technical quality to ensure that
they meet FCC technical standards including those applicable to the carriage of PEG
Channels, provided however, that the Grantee is not responsible for the production
quality of PEG programming productions. The City, or its designee, shall be responsible
for the production and quality of all PEG programming. Grantee shall carry all
components of the SD/HD PEG Channel(s) including, but not limited to, closed
captioning, stereo audio and other elements associated with the programming.
7.12 PEG Programming Financial Support.
(a) During the term of the Franchise, Grantee shall pay quarterly to the City a PEG
Fee in an amount equal to two percent (2%) of its quarterly Gross Revenues, for the
duration of this Franchise. Payments pursuant to this subsection shall be paid to the
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City on the same schedule and including the same payment worksheets as the Franchise
Fee payments set forth in Section 16.1 of this Franchise.
(b) The PEG Fee may be used by City to fund PEG expenditures in accordance with
Applicable Law.
(c) The PEG Fee is not part of the Franchise Fee and instead falls within one or more
of the exceptions in 47 U.S.C. § 542. The PEG Fee may be categorized, itemized, and
passed through to Subscribers as permissible, in accordance with 47 U.S.C. § 542 or
other Applicable Laws.
7.13 PEG Technical Quality and Support.
(a) Grantee shall not be required to carry a PEG Channel in a higher quality format
than that of the Channel signal delivered to Grantee, but Grantee shall not implement a
change in the method of delivery of PEG Channels that results in a material degradation
of signal quality or impairment of viewer reception of PEG Channels, provided that this
requirement shall not prohibit Grantee from implementing new technologies also
utilized for commercial Channels carried on its Cable System. Grantee shall meet FCC
signal quality standards when offe ring PEG Channels on its Cable System and shall
continue to comply with closed captioning pass-through requirements. There shall be
no significant deterioration in a PEG Channels signal from the point of origination
upstream to the point of reception (hub or head end) or downstream to the Subscriber
on the Cable System.
(b) Grantee shall provide a local (Twin Cities) response phone number, cell number,
and e -mail address for local (Twin Cities) technical support staff who are trained to
effectively respond to and resolve PEG related issues, who will respond to urgent tech-
support requests within fifteen (15) minutes, or as soon thereafter as reasonably
possible, and non-urgent tech support requests within three (3) hours or forty-eight (48)
hours, depending upon the response time needed. City technical staff will determine
what requests are urgent or non-urgent. City agrees to use best efforts to verify that
the issue is not on the City’s side of the demarcation point before a call is made to
Grantee.
7.14 Change in Technology. In the event Grantee makes any change in the Cable System and
related equipment and facilities or in its signal delivery technology, which requires the City to
obtain new equipment in order to be compatible with such change for purposes of transport
and delivery of the PEG Channels, Grantee shall, at its own expense and free of charge to City or
its designated entities, purchase such equipment as may be necessary to facilitate the
cablecasting of the PEG Channels in accordance with the requirements of the Franchise.
7.15 Relocation of Grantee’s Headend. In the event Grantee relocates its headend, Grantee
will be responsible for replacing or restoring the existing dedicated fiber connections at
Grantee’s cost so that all the functions and capacity remain available, operate reliably and
satisfy all applicable technical standards and related obligations of the Franchise free of charge
to the City or its designated entities.
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7.16 Regional Channel Six. Grantee shall make available Regional Channel Six as lo ng as it is
required to do so by Applicable Law.
7.17 Compliance with Minnesota Statutes Chapter 238. In addition to the requirements
contained in this Section 7 of this Franchise, Grantee and City shall comply with the PEG
requirements mandated by Minnesota Statutes § 238.084.
SECTION 8 Regulatory Provisions
8.1 Intent. The City shall have the right to administer and regulate activities under the
Franchise to the full extent permitted by Applicable Law. The City may delegate to any other
body or Person authority to administer the Franchise and to monitor the performance of Grantee
pursuant to the Franchise. Grantee shall cooperate with any such delegates of the City.
8.2 Delegation of Authority to Regulate . The City reserves the right to delegate its
regulatory authority wholly or in part to agents of the City, including, but not limited to, an
agency which may be formed to regulate several franchises in the region in a manner consistent
with Applicable Laws. As of the Effective Date o f this Franchise, the City, or any designee
thereof, shall have continuing regulatory jurisdiction and supervision over the Cable System and
Grantee’s operation under the Franchise.
8.3 Regulation of Rates and Charges.
(a) Right to Regulate. The City reserves the right to regulate rates or charges for any
Cable Service within the limits of Applicable Law, to enforce rate regulations prescribed
by the FCC, and to establish procedures for said regulation or enforcement.
(b) Notice of Change in Rates and Charges. Throughout the term of this Franchise,
Grante e shall give the City and all Subscribers within the City at least thirty (30) Days’
notice of any intended modifications or additions to Subscriber rates or charges.
Nothing in this subsection shall be construed to prohibit the reduction or waiving of
rates or charges in conjunction with promotional campaigns for the purpose of
attracting Subscribers or users.
(c) Rate Discrimination Prohibited. Within any category of Subscribers, Grantee
shall not discriminate among Su bscribers with regard to rates and charges made for any
service based on considerations of race, color, creed, sex, marital or economic status,
national origin, sexual preference, or (except as allowed by Applicable Law)
neighborhood of residence, except as otherwise provided herein; and for purposes of
setting rates and charges, no categorization of Subscribers shall be made by Grantee on
the basis of those considerations. Nevertheless, Grantee shall be permitted to establish
(1) discounted rates and charges for providing Cable Service to low -income, disabled, or
low -income elderly Subscribers, (2) promotional rates, and (3) bulk rate and package
discount pricing.
SECTION 9 Bond
9.1 Performance Bond. Upon the Effective Date of this Franchise and at all times
thereafter, for the term of this Franchise or any renewal running to the City Grantee shall file
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
with the City at its own expense, and at all times thereafter maintain in full force and effect, a
bond in the sum of Fifty Thousand and No/100 Dollars ($50,000.00) in such form and with such
sureties as shall be acceptable to City, conditioned upon the faithful performance by Grantee of
this Franchise and upon the further condition that in the event Grantee shall fail to comply with
any law, ordinance or regulation, there shall be recoverable jointly and severally from the
principal and surety of the bond, any damages or losses suffered by City as a result, including
the full amount of any compensation, indemnification or cost of removal of any property of
Grantee, including a reasonable allowance for attorneys’ fees and costs (with interest at two
percent (2%) in excess of the then prime rate), up to the full amount of the bond, and which
bond shall further guarantee payment by Grantee of all claims and liens against City, or any
public property, and taxes due to City, which arise by reason of the construction, operation,
maintenance or use of the Cable System.
9.2 Rights. The rights reserved by City with respect to the bond are in addition to all other
rights the City may have under this Franchise or any other law.
9.3 Reduction of Bond Amount. City may, in its sole discretion, reduce the amount of the
bond.
9.4 Procedure to Draw on Bond.
(a) The City shall provide Grantee thirty (30) Days written notice of its intent to draw
on the performance bond together with the reason for such draw. Grantee shall have
the right to cure or petition for additional time.
(b) The time for Grantee to correct any violation or liability, shall be extended by the
City if the necessary action to correct such violation or liability is, in the sole
determination of the City, of such a nature or character as to require more than thirty
(30) Days within which to perform, provided Grantee provides written notice that it
requires more than thirty (30) Days to correct such violations or liability, comme nces the
corrective action within the thirty (30) Day period and thereafter uses reasonable
diligence to correct the violation or liability.
(c) In the event this Franchise is revoked by reason of default of Grantee in
accordance with the procedure set forth in Section 11, the City shall be entitled to
collect from the performance bond any damages incurred by the City as a result of said
default or revocation.
(d) Grantee shall be entitled to the return of the performance bond, or portion
thereof, as remains sixty (60) Days after the expiration of the term of the Franchise or
revocation for default thereof, provided the City has not notified Grantee of any
damages incurred by the City as a result of Grantee’s operations pursuant to the
Franchise or as a result of said default.
(e) The rights reserved to the City with respect to the performance bond are in
addition to all other rights of the City whether reserved by this Franchise or authorized
by law, and no action, proceeding or exercise of a right with respect to the performance
bond shall affect any other right the City may have.
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
SECTION 10 Letter of Credit
10.1 Letter of Credit. If there is an uncured breach by Grantee of a material provision of this
Franchise or a pattern of repeated violations of any provision(s) of this Franchise that remain
uncured, then Grantee shall, upon written request, establish and provide to the City, as security
for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of
credit from a financial institution satisfactory to the City in the amount of Twenty Thousand and
No/100 Dollars ($20,000.00) (“Letter of Credit”). In no event shall Grantee fail to post a Twenty
Thousand and No/100 Dollars ($20,000.00) Letter of Credit within ten (10) Days following
receipt of a notice of franchise violation pursuant to this Section 10.1. The form, manner and
content of the Letter of Credit shall be subject to the approval of the City. Failure to post said
Letter of Credit shall constitute a separate material violation of this Franchise, unless the
breach is cured within such ten (10) Day period. The Letter of Credit shall serve as a common
security for the faithful performance by Grantee of all the provisions of this Franchise and
compliance with all orders, permits and directions of the City and the payment by Grantee of
any claim, liens, costs, expenses and taxes due the City which arise by reason of the
construction, operation or maintenance of the Cable System. If Grantee fails to e stablish the
Letter of Credit as required, the City may take whatever action is appropriate to require the
establishment of that fund and may recover its costs, reasonable attorneys’ fees, and an
additional penalty of Five Thousand Dollars ($5,000) in that action.
10.2 Withdrawal of Funds. The Letter of Credit shall permit the City to withdraw funds upon
demand (sight draft). Grantee shall not use the Letter of Credit for other purposes and shall not
assign, pledge or otherwise use the Letter of Credit as security for any purpose.
10.3 Restoration of Funds. Within ten (10) Days after notice to it that any amount has been
withdrawn by the City from the Letter of Credit pursuant to Section 10.8, Grantee shall deposit
a sum of money sufficient to restore such the Letter of Credit to the required amount.
10.4 Liquidate d Damages. In addition to recovery of any monies owed by Grantee to City or
damages to City as a result of any acts or omissions by Grantee pursuant to the Franchise, City
in its sole discretion may charge to and collect from the Letter of Credit the following liquidated
damages:
(a) For failure to provide data, documents, reports or information or to cooperate
with City during an application process, audit, or System review, the liquidated damage
shall be Two Hundred Fifty Dollars ($250.00) per Day for each D ay, or part thereof, such
failure occurs or continues.
(b) For failure to comply with any of the provisions of this Franchise for which a
penalty is not otherwise specifically provided pursuant to this Section 10.4, the
liquidated damage shall be Two Hundred Fifty Dollars ($250.00) per Day for each Day, or
part thereof, such failure occurs or continues.
(c) For failure to test, analyze and report on the performance of the System
following a request by City, the liquidated damage shall be Two Hundred Fifty Dollars
($250.00) per Day for each Day, or part thereof, such failure occurs or continues.
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
(d) Forty-five Days following notice from City of a failure of Grantee to comply with
construction, operation or maintenance standards, the liquidated damage shall be Five
Hundre d Dollars ($500.00) per Day for each Day, or part thereof, such failure occurs or
continues.
(e) For failure to provide the services Grantee has proposed, including but not
limited to the implementation and the utilization of the PEG Channels, the liquidated
damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part thereof,
such failure occurs or continues.
(f) For failure to provide the Letter of Credit required by this Section 10.1, the
liquidated damage shall be Two Hundred Fifty ($250.00) per Day for each Day, or part
thereof, such failure occurs or continues.
10.5 Each Violation a Separate Violation. Each violation of any provision of this Franchise
shall be considered a separate violation for which separate liquidated damages can be imposed.
10.6 Maximum 120 Days . Any liquidated damages for any given violation shall be imposed
upon Grantee for a maximum of one hundred twenty (120) Days. If after that amount of time
Grantee has not cured or commenced to cure the alleged breach to the satisfaction of the City,
the City may pursue all other remedies.
10.7 Withdrawal of Funds to Pay Taxes. If Grantee fails to pay to the City any taxes due and
unpaid; or fails to repay to the City, any damages, costs or expenses which the City shall be
compelled to pay by reason of any act or default of the Grantee in connection with this
Franchise; or fails, after thirty (30) Days’ notice of such failure by the City to comply with any
provision of the Franchise which the City reasonably determines can be remedied by an
expenditure of the Letter of Credit, the City may then withdraw such funds from the Letter of
Credit. Payments are not Franchise Fees as defined in Section 16 of this Franchise.
10.8 Procedure for Draw on Letter of Credit. Whenever the City finds that Grantee has
alle gedly violated one (1) or more terms, conditions or provisions of this Franchise, a written
notice shall be given to Grantee. The written notice shall describe in reasonable detail the
alleged violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall
post the Letter of Credit within ten (10) Days of the date of receipt of a written notice of
violation, Grantee shall have thirty (30) Days subsequent to receipt of the notice in which to
correct the violation before the City may require Grantee to make payment of damages, and
further to enforce payment of damages through the Letter of Credit. Grantee may, within ten
(10) Days of receipt of notice, notify the City that there is a dispute as to whether a violation or
failure has , in fact, occurred. Such notice by Grantee shall specify with particularity the matters
disputed by Grantee and shall stay the running of the thirty (30) Day cure period but shall not
serve to delay Grantee’s obligation to post the Letter of Credit within said ten (10) Day period
following receipt of the notice of violation.
(a) City shall hear Grantee’s dispute at the next regularly scheduled or specially
scheduled City meeting. Grantee shall have the right to speak and introduce evidence.
The City shall d etermine if Grantee has committed a violation and shall make written
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
findings of fact relative to its determination. If a violation is found, Grantee may
petition for reconsideration.
(b) If after hearing the dispute, the claim is upheld by the City, then Grantee shall
have thirty (30) Days within which to remedy the violation before City may require
payment of all liquidated damages due it.
10.9 Time for Correction of Violation. The time for Grantee to correct any alleged violation
may be extended by the City if the necessary action to correct the alleged violation is of such a
nature or character as to require more than thirty (30) Days within which to perform provided
Grantee commences corrective action within fifteen (15) Days and thereafter uses reasonable
diligence, as determined by the City, to correct the violation.
10.10 Grantee’s Right to Pay Prior to Letter of Credit Draw. Grantee shall have the
opportunity to make prompt payment of any assessed liquidated damages and if Grantee fails
to promptly remit payment to the City, the City may resort to a draw from the Letter of Credit
in accordance with the terms of this Section 10 of the Franchise.
10.11 Failure to so Replenish Letter of Credit. If any Letter of Credit is not so replaced, City
may draw on said security fund for the whole amount thereof and hold the proceeds, without
interest, and use the proceeds to pay costs incurred by City in performing and paying for any or
all of the obligations, duties and responsibilities of Grantee under this Franchise that are not
performed or paid for by Grantee pursuant hereto, including attorneys’ fees incurred by the
City in so performing and paying. The failure to so replace any Letter of Credit may also, at the
option of City, be deemed a default by Grantee under this Franchise. The drawing on the Letter
of Credit by City and use of the money so obtained for payment or performance of the
obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or
release of such default.
10.12 Collection of Funds Not Exclusive Remedy. The collection by City of any damages or
monies from the Letter of Credit shall not affect any other right or remedy available to City, nor
shall any act, or failure to act, by City pursuant to the Letter of Credit, be deemed a waiver of
any right of City pursuant to this Franchise or otherwise. Notwithstanding this section,
however, should the City elect to impose liquidated damages that remedy shall remain the
City’s exclusive remedy for the one hundred twenty (120) Day period set forth in Section 10.6.
SECTION 11 Default
11.1 Basis for Default. City shall give written notice of default to Grantee if City, in its sole
discretion, determines that Grantee has:
(a) Violated any material provision o f this Franchise or the acceptance hereto or any
rule, order, regulation or determination of the City, state or federal government, not in
conflict with this Franchise;
(b) Attempted to evade any provision of this Franchise or the acceptance hereof;
(c) Practiced any fraud or deceit upon City or Subscribers;
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(d) Made a material misrepresentation of fact in the application for or negotiation of
this Franchise; or
(e) Incurred a twelve (12) month or more delay in the construction schedule.
11.2 Default Procedure. If Grantee fails to cure such default within thirty (30) Days after the
giving of such notice (or if such default is of such a character as to require more than thirty (30)
Days within which to cure the same, and Grantee fails to commence to cure the same within
said thirty (30) Day period and thereafter fails to use reasonable diligence, in City’s sole opinion,
to cure such default as soon as possible), then, and in any event, such default shall be a
substantial breach and City may elect to terminate the Franchise. The City may place the issue
of revocation and termination of this Franchise before the governing body of City at a regular
meeting. If City decides there is cause or reason to terminate, the following procedure shall be
followed:
(a) City shall provide Grantee with a written notice of the reason or cause for
proposed termination and shall allow Grantee a minimum of thirty (30) Days
subsequent to receipt of the notice in which to correct the default.
(b) Grantee shall be provided with an opportunity to be heard at a public hearing
prior to any decision to terminate this Franchise.
(c) If, after notice is given and an opportunity to cure, at Grantee’s option, a public
hearing is held, and the City determines there was a violation, breach, failure, refusal or
neglect, the City may declare by resolution the Franchise revoked and of no further
force and effect unless there is compliance within such period as the City may fix, such
period may not be less than thirty (30) Days. No opportunity for compliance need be
granted for fraud or misrepresentation.
11.3 Failure to Enforce . Grantee shall not be relieved of any of its obligations to comply
promptly with any provision of the Franchise by reason of any failure of the City to enforce
prompt compliance, and City’s failure to enforce shall not constitute a waiver of rights or
acquiescence in Grantee’s conduct.
11.4 Compliance with the Laws.
(a) If any federal or state law or regulation shall require or permit City or Grantee to
perform any service or act or shall prohibit City or Grantee from performing any service
or act which may be in conflict with the terms of this Franchise, then as soon as possible
following knowledge thereof, either party shall notify the other of the point in conflict
believed to exist between such law or regulation. Grantee and City shall conform to
state laws and rules regarding cable communications not later than one (1) year after
they become effective, unless otherwise stated, and shall conform to federal laws and
regulations regarding cable as they become effective.
(b) If any term, condition or provision of this Franchise or the application thereof to
any Person or circumstance shall, to any extent, be held to be invalid or unenforceable,
the remainder hereof and the application of such term, condition or provision to
Persons or circumstances other than those as to whom it shall be held invalid or
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unenforceable shall not be affected thereby, and this Franchise and all the terms,
provisions and conditions hereof shall, in all other respects, continue to be effective and
complied with, provided the loss of the invalid or unenforceable clause does not
substantially alter the agreement between the parties. In the event such law, rule or
regulation is subsequently repealed, rescinded, amended or otherwise changed so that
the provision which had been held invalid or modified is no longer in conflict with the
law, rules and regulations then in effect, said provision shall thereupon return to full
force and effect and shall thereafter be binding on Grantee and City.
SECTION 12 Foreclosure and Receivership
12.1 Foreclosure . Upon the foreclosure or other judicial sale of the Cable System, Grantee
shall notify the City of such fact and such notification shall be treated as a notification that a
change in control of Grantee has taken place, and the provisions of this Franchise governing the
conse nt to transfer or change in ownership shall apply without regard to how such transfer or
change in ownership occurred.
12.2 Receivership. The City shall have the right to cancel this Franchise subje ct to any
applicable provisions of state law, including the Bankruptcy Act, one hundred twenty (120) Days
after the appointment of a receiver or trustee to take over and conduct the business of
Grantee, whether in receivership, reorganization, bankruptcy or other action or proceeding,
unless such receivership or trusteeship shall have been vacated prior to the expiration of said
one hundred twenty (120) Days, or unless:
(a) Within one hundred twenty (120) Days after his election or appointment, such
receiver or trustee shall have fully complied with all the provisions of this Franchise and
remedied all defaults thereunder; and,
(b) Such receiver or trustee, within said one hundred twenty (120) Days, shall have
executed an agreement, duly approved by the Court having jurisdiction in the premises,
whereby such receiver or truste e assumes and agrees to be bound by each and every
provision of this Franchise.
SECTION 13 Reporting Requirements
13.1 Quarterly Reports. Within forty (45) Days after the end of each calendar quarter,
Grante e shall submit to the City along with its Franchise Fee payment, a report showing the
basis for computation of the Franchise Fee and PEG Fee payments signed by an authorized
representative of Grantee in form and substance substantially equivalent to Exhibit C attached
hereto. This report shall separately indicate Grantee’s Gross Revenues within the City
including, but not limited to such items as listed in the definition of “Gross Revenues” at Section
1.20 of this Franchise.
13.2 Monitoring and Compliance Reports. Upon request, but no more than once a year,
Grantee shall provide a written report of any and all FCC technical performance tests for the
residential network required in FCC Rules and Regulations as now or hereinafter constituted.
13.3 Other Reports. Upon request of the City and in no event later than thirty (30) Days from
the date of receipt of such request, Grantee shall, free of charge, prepare and furnish to the
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
City, at the times and in the form prescribed, such additional reports with respect to its
operation, affairs, transactions, or property, as may be reasonably necessary to ensure
compliance with the terms of this Franchise. Grantee and City may in good faith agree upon
taking into consideration Grantee’s need for the continuing confidentiality as prescribed herein.
Neither City nor Grantee shall unreasonably demand or withhold information requested
pursuant with the terms of this Franchise.
13.4 Confidential and Trade Secret Information. The City shall follow, all Applicable Laws
and procedures for protecting any confidential and trade secret information of G rantee that
may be provided to City. Grantee shall not be relieved of its obligation to provide information
or data required under this Franchise simply because the City may not be able to guarantee its
confidentiality. Grantee acknowledges that the City shall at all times comply with the
Minnesota Government Data Practices Act (“MGDPA”) related to the release of information
and nothing herein shall be read to modify the City’s obligations under the MGDPA.
13.5 Communications with Regulatory Agencies.
(a) Upon written request, Grantee shall submit to City copies of any pleading,
applications, notifications, communications and documents of any kind, submitted by
Grantee or its Affiliates to any federal, state or local courts, regulatory agencies and
other government bodies if such documents directly relate to the operations of
Grantee’s Cable System within the Franchise Area. Grantee shall submit such
documents to City no later than thirty (30) Days after receipt of City’s request. Grantee
shall not claim confident ial, privileged or proprietary rights to such documents unless
under Applicable Law such documents have been determined to be confidential by a
court of competent jurisdiction, or a federal or state agency. With respect to all other
reports, documents and notifications provided to any federal, state or local regulatory
agency as a routine matter in the due course of operating Grantee’s Cable System
within the Franchise Area, Grantee shall make such documents available to City upon
City’s written request.
(b) In addition, Grantee and its Affiliates shall within ten (10) Days of any
communication to or from any judicial or regulatory agency regarding any alleged or
actual violation of this Franchise, City regulation or other requirement relating to the
System, use its best efforts to provide the City a copy of the communication, whether
specifically requested by the City to do so or not.
SECTION 14 Customer Service Policies
14.1 Response to Customers and Cooperation with City. Grantee shall promptly respond to
all requests for service, repair, installation and information from Subscribers. Grantee
acknowledges the City’s interest in the prompt resolution of all cable complaints and shall work
in close cooperation with the City to resolve complaints. Grantee shall provide the City with the
name, address and telephone number of an office that will act as the Grantee’s agent to receive
complaints, regarding quality of service, equipment malfunctions, billings, and similar matters.
Grantee will maintain an “escalated complaint process” to address unresolved complaints from
Subscribers. A team of specifically identified employees of Grantee shall be available to the City
via email and telephone for reporting issues. These specifically identified employees of Grantee
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will have the ability to take actions to resolve Subscriber complaints relating to billing, property
or service restoration, technical appointments, or any other Subscriber matters when
necessary. Grantee will follow -up with the City in writing by email (and by phone when
necessary) with a summary of the results of the complaint(s).
14.2 Customer Service Agreement and Written Information. Grantee shall provide to
Subscribers a comprehensive service agreement and information in writing for use in
establishing Subscriber service. Written information shall, at a minimum, contain the following
information:
(a) Services to be provided and rates for such services.
(b) Billing procedures.
(c) Service termination proce dure.
(d) Change in service notifications.
(e) Converter/Subscriber terminal equipment policy.
(f) How complaints are handled including Grantee’s procedure for investigation and
resolution of Subscriber complaints.
(g) The name, address, and phone number of the Person identified by the City as
responsible for handling cable questions and complaints for the City. This information
shall be prominently displayed, and Grantee shall submit the information to the City for
review and approval as to its content and placement on Subscriber billing statements. A
copy of the written information shall be provided to each Subscriber at the time of
initial connection and any subsequent reconnection.
14.3 Reporting Complaints.
(a) The requirements of this Section 14.3 shall be subject to federal law regarding
Subscriber privacy. Grantee shall maintain all Subscriber data available for City
inspection. Subscriber data shall include the date, name, address, telephone number of
Subscriber complaints as well as the subject of the complaint, date and type of action
taken to resolve the complaint, any additional action take n by Grantee or the
Subscriber. The Grantee shall provide City with reasonable access to the information
maintained by Grantee pursuant to this Section 14.3, subject to federal law regarding
Subscriber privacy.
(b) Subject to federal law and upon reasonable request by the City, Grantee shall,
within a reasonable amount of time, provide City with such Subscriber data for its review.
14.4 Customer Service Standards.
(a) The City hereby adopts the customer service standards set forth in Part 76,
(§76.309) of the FCC’s rules and regulations, as amended.
(b) Grantee shall provide City with information which shall describe in detail
Grantee’s compliance with each and every term and provision of Section 14.6.
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(c) Grantee shall comply in all respects with the customer service requirements
established by the FCC and those set forth herein. The City reserves the right to enact
additional consumer protection laws or requirements to the extent such requirements
are not inconsistent with, and preempted by, the FCC’s customer service standards.
14.5 Local Office . Grantee shall maintain a convenient local customer service and bill
payment location for matters such as receiving Subscriber payments, handling billing questions,
equipment replacement and customer service information.
14.6 Cable System Office Hours and Telephone Availability. Grantee shall comply with the
standards and requirements for customer service set forth below during the term of this
Franchise.
(a) Grantee will maintain a local, toll-free or collect call telephone access line which
will be available to its Subscribers twenty-four (24) hours a Day, seven (7) days a week.
(i) Trained Grantee representatives will be available to respond to customer
telephone inquiries during Normal Business Hours.
(ii) After Normal Business Hours, the access line may be answered by a
service or an automated response system, including an answering machine.
Inquiries received after Normal Business Hours must be responded to by a
trained Grantee representative on the next business day.
(b) Under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty (30) seconds when the
connection is made. If the call needs to be transferred, transfer time shall not exceed
thirty (30) seconds. These standards shall be met no less than ninety percent (90%) of
the time under Normal Operating Conditions, measured on a quarterly basis.
(c) Grantee shall not be required to acquire equipment or perform surveys to
measure compliance with the telephone answering standards above unless an historical
record of complaints indicates a clear failure to comply.
(d) Under Normal Operating Conditions, the customer will receive a busy signal less
than three percent (3%) of the time.
(e) Customer service center and bill payment locations will be open at least during
Normal Business Hours and will be conveniently located.
(f) The Grantee shall utilize such equipment and software and keep such records as
are necessary or required to enable the City to determine whether the Grantee is
complying with all telephone answering standards required by applicable customer
service regulations and laws, as amended from time to time.
14.7 Installations, Outages and Service Calls. Under Normal Operating Conditions, each of
the following standards will be met no less than ninety-five percent (95%) of the time measured
on a quarterly basis:
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(a) Standard Installations will be performed within seven (7) business days after an
order has been placed. “Standard” Installations are those that are located up to one
hundred twenty-five (125) feet from the existing distribution system as more specifically
set forth in Section 6.8(b).
(b) Excluding conditions beyond the control of Grantee, Grantee will begin working
on “service interruptions” promptly and in no event later than twenty-four (24) hours
after the interruption becomes known. Grantee must begin actions to correct other
Service problems the next business day after notification of the Service problem.
(c) The “appointment window” alternatives for installations, Service calls, and other
ins tallation activities will be either a specific time or, at maximum, a four (4) hour time
block during Normal Business Hours. (Grantee may schedule Service calls and other
installation activities outside of Normal Business Hours for the express convenience of
the customer.)
(d) Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
(e) If Grante e’s representative is running late for an appointment with a customer
and will not be able to keep the appointment as scheduled, the customer will be
contacted. The appointment will be rescheduled, as necessary, at a time which is
convenient for the customer.
14.8 Communications between Grantee and Subscribers.
(a) Refunds. Refund checks will be issue d promptly, but no later than either:
(i) The customer’s next billing cycle following resolution of the request or
thirty (30) Days, whichever is earlier, or
(ii) The return of the equipment supplied by Grantee if Cable Service is
terminated.
(b) Credits. Credits for Cable Service will be issued no later than the customer’s next
billing cycle following the determination that a credit is warranted.
14.9 Billing:
(a) Consistent with 47 C.F.R. § 76.1619, bills will be clear, concise and
understandable. Bills must be fully itemize d, with itemizations including, but not limited
to, Basic Cable Service and premium Cable Service charges and equipment charges. Bills
will also clearly delineate all activity during the billing period, including optional charges,
rebates and credits.
(b) In case of a billing dispute, Grantee must respond to a written complaint from a
Subscriber within thirty (30) Days.
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14.10 Subscriber Information.
(a) Grantee will provide written information on each of the following areas at the
time of installation of Cable Service, at least annually to all Subscribers, and at any time
upon request:
(i) Products and services offered;
(ii) Prices and options for programming services and conditions of
subscription to programming and other services;
(iii) Installation and service maintenance policies;
(iv) Instructions on how to use the Cable Service;
(v) Channel positions of programming carried on the System; and
(vi) Billing and complaint procedures, including the address and telephone
number of the City’s office.
(b) Subscribers shall be advised of the procedures for resolution of complaints about
the quality of the television signal delivered by Grantee, including the address of the
responsible officer of the City. Subscribers will be notified of any changes in rates,
programming services or Channel positions as soon as possible in writing. Notice must
be given to Subscribers a minimum of thirty (30) Days in advance of such changes if the
change is within the control of Grantee. In addition, Grantee shall notify Subscribers
thirty (30) Days in advance of any significant changes in the information required by this
Section 14.10.
14.11 Notice of Rate or Programming Changes. Grantee shall give thirty (30) Days written
notice to both Subscribers and the City before implementing any rate or Service change within
the control of Grantee. For the purpose of this section a “Service change” shall not include
channel additions or moves that do not impact rates. Such notice shall state the precise
amount of any rate change and briefly explain in readily understandable fashion the cause of
the rate change (e.g., inflation, change in external costs or the addition/deletion of Channels).
When the change involves the addition or deletion of Channels, each Channel added or deleted
must be separately identified. For purposes of the carriage of digital broadcast signals, Grantee
need only identify for Subscribers, the television signal added and not whether that signal may
be multip lexed during certain dayparts.
14.12 Subscriber Contracts. Grantee shall, upon written request, provide the City with any
standard form residential Subscriber contract utilized by Grantee. If no such written contract
exists, Grantee shall file with the City a document completely and concisely stating the length
and terms of the Subscriber contract offered to customers. The length and terms of any
standard form Subscriber contract(s) shall be available for public inspection during Normal
Business Hours. A list of Grantee’s current Subscriber rates and charges for Cable Service and a
current Channel line -up showing all Channels available in the City shall be maintained on file
with City and shall be available for public inspection. Grantee shall also provide on a monthly
basis a copy of a sample Subscriber bill to the City.
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14.13 Refund Policy. If a Subscriber’s Cable Service is interrupted or discontinued, without
cause, for twenty-four (24) or more consecutive hours, Grantee shall, upon request by the
Subscriber, credit such Subscriber pro rata for such interruption. For this purpose, every month
will be assumed to have thirty (30) Days.
14.14 Late Fees. Grantee shall comply with all Applicable Laws with respect to any
assessment, charge, cost, fee or sum, howeve r characterized, that Grantee imposes upon a
Subscriber for late payment of a bill. The City reserves the right to enforce Grantee’s
compliance with all Applicable Laws to the maximum extent legally permissible.
14.15 Disputes. All Subscribers and members of the general public may direct complaints,
regarding Grantee’s service or performance to the chief administrative officer of the City or the
chief administrative officer’s designee, which may be a board or a commission of the City.
14.16 Subscriber Bills. Subscriber bills shall be designed in such a way as to present the
information contained therein clearly and comprehensibly to Subscribers, and in a way that: (A)
is not misleading; and (B) does not omit material information. Notwithstanding anything to the
contrary in Section 14.9, above, Grantee may, in its sole discretion, consolidate costs on
Subscriber bills as may otherwise be permitted by Section 622(c) of the Cable Act (47 U.S.C. §
542(c)).
14.17 Failure to Resolve Complaints. Grantee shall resolve a complaint within thirty (30) Days
in a manner deemed reasonable by the City under the terms of the Franchise.
14.18 Notification of Complaint Procedure. Grantee shall have printed clearly and
prominently on each Subscriber bill and in the customer service agreement provided for in
Section 14.2, the twenty-four (24) hour Grantee phone number for Subscriber complaints.
Additionally, G rantee shall provide information to Subscribers concerning the procedures to
follow when they are unsatisfied with measures taken by Grantee to remedy their complaint.
This information will include the phone number of the City office or Person designated to
handle complaints. Additionally, Grantee shall state that complaints should be made to
Grantee prior to contacting the City.
14.19 Subscriber Privacy.
(a) To the extent required by Minnesota Statutes § 238.084 Subd. 1(s) Grantee shall
comply with the following:
(i) No signals including signals of a Class IV Channel may be transmitted
from a Subscriber terminal for purposes of monitoring individual viewing
patterns or practices without the express written permission of the Subscriber.
The request for permission must be contained in a separate document with a
prominent statement that the Subscriber is authorizing the permission in full
knowledge of its provisions. Such written permission shall be for a limited period
of time not to exceed one (1) year which may be renewed at the option of the
Subscriber. No penalty shall be invoked for a Subscriber’s failure to provide or
renew such permission. The permission shall be revocable at any time by the
Subscriber without penalty of any kind whatsoever.
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(ii) No information or data obtained by monitoring transmission of a signal
from a Subscriber terminal, including but not limited to lists of the names and
addresses of Subscribers or any lists that identify the viewing habits of
Subscribers shall be sold or otherwise made available to any party other than to
Grantee or its agents for Grantee’s business use, and also to the Subscriber
subject of that information, unless Grantee has received specific written
permission from the Subscriber to make such data available. The request for
permission must be contained in a separate document with a prominent
statement that the Subscriber is authorizing the permission in full knowledge of
its provisions. Such written permission shall be for a limited period of time not
to exceed one (1) year which may be renewed at the option of the Subscriber.
No penalty shall be invoked for a Subscriber’s failure to provide or renew such
pe rmission. The permission shall be revocable at any time by the Subscriber
without penalty of any kind whatsoever.
(iii) Written permission from the Subscriber shall not be required for the
conducting of system wide or individually addressed electronic sweeps for the
purpose of verifying System integrity or monitoring for the purpose of billing.
Confidentiality of such information shall be subject to the provision set forth in
subparagraph (ii) of this section.
14.20 Grantee Identification. Grantee shall provide all customer service technicians and all
other Grantee employees entering private property with appropriate picture identification so
that Grantee employees may be easily identified by the property owners and Subscribers.
SECTION 15 Subscriber Practices
15.1 Subscriber Rate s. There shall be no charge for disconnection of any installation or
outlet. If any Subscriber fails to pay a properly due monthly Subscriber fee, or any other
properly due fee or charge, Grantee may disconnect the Subscriber’s service outlet, provided,
however, that such disconnection shall not be affected until after the later of: (i) forty-five (45)
Days after the original due date of said delinquent fee or charge; or (ii) ten (10) Days after
delivery to Subscriber of written notice of the intent to disconnect. If a Subscriber pays before
expiration of the later of (i) or (ii), Grantee shall not disconnect. After disconnection, upon
payment in full of the delinquent fee or charge and the payment of a reconnection charge,
Grantee shall promptly reinstate the Subscriber’s Cable Service.
15.2 Refunds to Subscribers shall be made or determined in the following manner:
(a) If Grantee fails, upon request by a Subscriber, to provide any service then being
offered, Grantee shall promptly refund all deposits or advance charges paid for the
service in question by said Subscriber. This provision does not alter Grantee’s
responsibility to Subscribers under any separate contractual agreement or relieve
Grantee of any other liability.
(b) If any Subscriber terminates any monthly service because of failure of Grantee to
render the service in accordance with this Franchise, Grantee shall refund to such
Subscriber the proportionate share of the charges paid by the Subscriber for the
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
services not received. This provision doe s not relieve Grantee of liability established in
other provisions of this Franchise.
(c) If any Subscriber terminates any monthly service prior to the end of a prepaid
period, a proportionate amount of any prepaid Subscriber service fee, using the number
of days as a basis, shall be refunded to the Subscriber by Grantee.
SECTION 16 Compensation and Financial Provisions
16.1 Franchise Fees.
(a) During the term of the Franchise, Grantee shall pay quarterly to the City or its
delegate a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross
Revenues. If any such law, regulation or valid rule alters the five percent (5%) Franchise
Fee ceiling established by the Cable Act, then the City shall have the authority to (but
shall not be required to) increase the Franchise Fee accordingly, provided such increase
is for purposes not inconsistent with Applicable Law.
(b) Franchise Fees shall be paid quarterly. The payments shall be made to the City
within forty -five (45) Days following the end of each calendar quarter. Grantee shall
include with each quarterly payment a Franchise Fee payment worksheet, in form and
substance substantially similar to Exhibit C, signed by an authorized representative of
Grantee. No acceptance of any payment shall be construed as an accord that the
amount paid is in fact, the correct amount, nor shall such acceptance of payment be
construed as a release of any claim which the City may have for further or additional
sums payable under the provisions of this section.
(c) Neither current nor previously paid Franchise Fees shall be subtracted from the
Gross Revenue amount upon which Franchise Fees are calculated and due for any
period, unless otherwise required by Applicable Law.
(d) Any Franchise Fees owing pursuant to this Franchise which remain unpaid after
the due dates specified herein shall be delinquent and shall immediately begin to accrue
interest at twelve percent (12%) per annum or two percent (2%) above prime lending
rate as quoted by the Wall Street Journal, whichever is greater.
16.2 Auditing and Financial Records. Throughout the term of this Franchise, the Grantee
agrees that the City or its designee, upon reasonable prior written notice of twenty (20) Days to
the Grantee, may review such of the Grantee’s books and records regarding the operation of
the Cable System and the provision of Cable Service in the Franchise Area which are reasonably
necessary to monitor and enforce Grantee’s compliance with the provisions of this Franchise.
Grantee shall provide such requested information as soon as possible and in no event more
than twenty (20) Days unless Grantee explains that it is not feasible to meet this timeline and
provides a written explanation for the delay and an estimated reasonable date for when such
information will be provided. All such documents pertaining to financial matters that may be
the subject of an inspection by the City shall be retained by the Grante e for a minimum period
of seven (7) years, pursuant to Minnesota Statutes § 541.05. The Grantee shall not deny the
City access to any of the Grantee’s records on the basis that the Grantee’s records are under
the control of any parent corporation, Affiliated entity or a third party. The City may request in
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
writing copies of any such records or books that are reasonably necessary, and the Grantee
shall provide such copies within thirty (30) Days of the receipt of such request. One (1) copy of
all reports and records required under this or any other section shall be furnished to the City at
the sole expense of the Grantee. If the requested books and records are too voluminous, or for
security reasons cannot be copied or removed, then the Grantee may request, in writing within
ten (10) Days of receipt of such request, that the City inspect them at the Grantee’s local offices
or at one of Grantee’s offices more convenient to City or its duly authorized agent. If any books
or records of the Grantee are not kept in such office and not made available in copies to the
City upon written request as set forth above, and if the City determines that an examination of
such records is necessary for the enforcement of this Franchise, then all reasonable travel
expenses incurred in making such examination shall be paid by the Grantee.
16.3 Review of Record Keeping Methodology. Upon request, Grantee agrees to meet with a
representative of the City or its designee to review its methodology of record-keeping, financial
reporting, computing Franchise Fee obligations, and other procedures the understanding of
which the City deems necessary for understanding the meaning of reports and records.
16.4 Audit of Records. The City or its authorized agent may at any time and at the City’s own
e xpense conduct an independent audit of the revenues of Grantee in order to verify the
accuracy of Franchise Fees or PEG Fees paid to the City. Grantee and each parent company of
Grantee shall cooperate fully in the conduct of such audit. In the event it is determined
through such audit that Grantee has underpaid Franchise Fees in an amount of five percent
(5%) or more than was due the City, then Grantee shall reimburse the City for the entire cost of
the audit within thirty (30) Days of the completion and acceptance of the audit by the City.
16.5 Records to be reviewed. The City agrees to request access to only those books and
records, in exercising its rights under this section, which it deems reasonably necessary for the
enforcement and administration of the Franchise.
16.6 Indemnification by Grantee . Grantee shall, at its sole expense, fully indemnify, defend
and hold harmless the City, and in their capacity as such, the officers, agents and employees
thereof (collectively the “Indemnified Parties”), from and against any and all claims, suits,
actions, demands, liability and judgments for damage or otherwise except those arising wholly
from negligence on the part of the Indemnified Parties; for actual or alleged injury to Persons or
property, including loss of use of property due to an occurrence, whether or not such property
is physically damaged or destroyed, in any way arising out of or through or alleged to arise out
of or through the acts or omissions of Grantee or its officers, agents, employees, or contractors
or to which Grantee’s or its officers, agents, employees or contractors acts or omissions in any
way contribute, and whether or not such acts or omissions were authorized or contemplated by
this Franchise or Applicable Law; arising out of or alleged to arise out of any claim for damages
for Grantee’s invasion of the right of privacy, defamation of any Person, firm or corporation, or
the violation of infringement of any copyright, trademark, trade name, service mark or patent,
or of any other right of any Person, firm or corporation; arising out of or alleged to arise out of
Grantee’s failure to comply with the provisions of any Applicable Law. Nothing herein shall be
deemed to prevent the Indemnified Parties from participating in the defense of any litigation by
their own counsel at such parties’ expense. Such participation shall not under any
circumstances relieve Grantee from its duty of defense against liability or of paying any
judgment entered against the Indemnified Parties.
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16.7 Grantee Insurance. Upon the Effective Date, Grantee shall, at its sole expense take out
and maintain during the term of this Franchise public liability insurance with a company
licensed to do business in the State of Minnesota with a rating by A.M. Best & Co. of not less
than “A -” that shall protect the Grantee, City and its officials, officers, directors, employees and
agents from claims which may arise f rom operations under this Franchise, whether such
operations be by the Grantee, its officials, officers, directors, employees and agents or any
subcontractors of Grantee. This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury and damage to property,
resulting from Grantee’s vehicles, products and operations. The amount of insurance for single
limit coverage applying to bodily and personal injury and property damage shall not be less
than Four Million Dollars ($4,000,000). The liability policy shall include:
(a) The policy shall provide coverage on an “occurrence” basis.
(b) The policy shall cover personal injury as well as bodily injury.
(c) The policy shall cover blanket contractual liability subject to the standard
universal exclusions of contractual liability included in the carrier’s standard
endorsement as to bodily injuries, personal injuries and property damage.
(d) Broad form property damage liability shall be afforded.
(e) City shall be n amed as an additional insured on the policy.
(f) An endorsement shall be provided which states that the coverage is primary
insu rance with respect to claims arising from Grantee’s operations under this Franchise
and that no other insurance maintained by the City will be called upon to contribute to a
loss under this coverage.
(g) Standard form of cross-liability shall be afforded.
(h) An endorsement stating that the policy shall not be canceled without thirty (30)
Days’ notice of such cancellation given to City.
(i) City reserves the right to adjust the insurance limit coverage requirements of this
Franchise no more than once every three (3) years. Any such adjustment by City will be
no greater than the increase in the State of Minnesota Consumer Price Index (all
consumers) for such three (3) year period.
(j) Upon the Effective Date, Grantee shall submit to City a certificate documenting
the required insurance, as well as any necessary properly executed endorsements. The
certificate and documents evidencing insurance shall be in a form acceptable to City and
shall provide satisfactory evidence that Grantee has complied with all insurance
requirements. Renewal certificates shall be provided to City prior to the expiration date
of any of the required policies. City will not be obligated, however, to review such
endorsements or certificates or other evidence of insurance, or to advise Grantee of any
deficiencies in such documents and receipt thereof shall not relieve Grantee from, nor
be deemed a waiver of, City’s right to enforce the terms of Grantee’s obligations
hereunder. City reserves the right to examine any policy provided for under this
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
paragraph or to require further documentation reasonably necessary to form an opinion
regarding the adequacy of Grantee’s insurance coverage.
SECTION 17 Miscellaneous Provisions
17.1 Posting and Publication. The Summary of Ordinance for Publication (“Summary”)
attached hereto as Exhibit D shall be published at least once in the official newspaper of the
City. Grantee shall assume the cost of posting and publication of the Summary as such posting
and publication is required by law and such is payable upon Grantee’s filing of acceptance of
this Franchise.
17.2 Guarantee of Performance. Grantee agrees that it enters into this Franchise voluntarily
in order to secure and in consideration of the grant from the City of a ten (10) year Franchise.
Performance pursuant to the terms and conditions of this Franchise is guaranteed by Grantee.
17.3 Minnesota Statutes. This Franchise cannot be changed orally but only by an instrument
in writing executed by the parties. This Franchise is made pursuant to Minnesota Statutes
Chapter 238 and the City Code and is intended to comply with all requirements set forth therein.
17.4 Consent. Wherever the consent or approval of either Grantee or the City is specifically
required in this agreement, such consent or approval shall not be unreasonably withheld.
17.5 Prior Franchise Terminated. The cable franchise originally granted by Ordinance No.
2309-06 is hereby terminated. Nothing herein shall serve to waive any rights the parties may
have under previous agreements subject only to the applicable state statute of limitations.
17.6 Franchise Acceptance . No later than thirty (30) Days following City Council approval of
this Franchise, Grantee shall execute and return to the City two (2) original franchise agreements.
The executed agreements shall be returned to the City accompanied by performance bonds and
evidence of insurance, all as provided in this Franchise. In the event Grantee fails to accept this
Franchise, or fails to provide the required documents, this Franchise shall be null and void. The
Grantee agrees that despite the fact that its written acceptance may occur after the Effective
Date, the obligations of this Franchise shall become effective on the Effective Date.
17.7 Amendment of Franchise . Grantee and City may agree, from time to time, to amend
this Franchise. Such written amendments may be made to address technology changes or
advances subsequent to a review session pursuant to Section 2.6 or at any other time if City
and Grantee agree that such an amendment will be in the public interest or if such an
amendment is required due to changes in federal, state or local laws; provided, however,
nothing herein shall restrict City’s exercise of its police powers.
17.8 Notice . All notices, reports, or demands required to be given in writing under this
Franchise shall be deemed to be given when delivered personally to any officer of the Grantee
or the City’s administrator of this Franchise during Normal Business Hours or forty-eight (48)
hours after it is deposited in the United States mail in a sealed envelope, with registered or
certified mail postage prepaid thereon, addressed to the party to whom notice is being given,
as follows:
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Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
If to City: City Manager
City of St. Louis Park
5005 Minnetonka Boulevard
St. Louis Park, MN 55416
If to Grantee: General Manager
Comcast
10 River Park Plaza
St. Paul, MN 55107
Such addresses may be changed by either party upon notice to the other party given as
provided in this section.
Recognizing the widespread usage and acceptance of electronic forms of communication,
emails will be acceptable as formal notification related to the conduct of general business
amongst the parties to this contract, including but not limited to programming and price
adjustment communications. Such communication should be addressed and directed to the
Person of record as specified above.
17.9 Force Majeure . In the event that either party is preve nted or delayed in the
performance of any of its obligations, under this Franchise by reason of acts of God, floods, fire,
hurricanes, tornadoes, earthquakes, or other unavoidable casualties, insurrection, war, riot,
vandalism, strikes, delays in receiving permits where it is not the fault of Grantee, public
easements, sabotage, acts or omissions of the other party, or any other similar event beyond
the reasonable control of that party, it shall have a reasonable time under the circumstances to
perform such obligation under this Franchise, or to procure a substitute for such obligation to
the reasonable satisfaction of the other party.
17.10 Work of Contractors and Subcontractors. Work by contractors and subcontractors is
subject to the same restrictions, limitations and conditions as if the work were performed by
Grantee. Grantee shall be responsible for all work performed by its contractors and
subcontractors, and others performing work on its behalf as if the work were performed by it
and shall ensure that all such work is performed in compliance with this Franchise, the City
Code and other Applicable Law, and shall be jointly and severally liable for all damages and
correcting all damage caused by them. It is Grantee’s responsibility to ensure that contractors,
subcontractors or other Persons performing work on Grantee’s behalf are familiar with the
requirements of this Franchise, the City Code and other Applicable Laws governing the work
performed by them.
17.11 Governing Law. This Franchise shall be deemed to be executed in the State of
Minnesota, and shall be governed in all respects, including validity, interpretation and effect,
and construed in accordance with, the laws of the State of Minnesota, as applicable to
contracts entered into and performed entirely within the state.
17.12 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with
any of the provisions of this Franchise by reason of any failure of the City or to enforce prompt
compliance.
City council meeting of April 19, 2021 (Item No. 4b ) Page 44
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
17.13 Captions. The paragraph captions and headings in this Franchise are for convenience
and reference purposes only and shall not affect in any way the meaning of interpretation of
this Franchise.
17.14 Calculation of Time. Where the performance or doing of any act, duty, matter,
payment or thing is required hereunder and the period of time or duration for the performance
is prescribed and fixed herein, the time shall be computed so as to exclude the first and include
the last Day of the prescribed or fixed period or duration of time. When the last Day of the
period falls on Saturday, Sunday or a legal holiday that Day shall be omitted from the
computation and the next business Day shall be the last Day of the period.
17.15 Rights Cumulative . All rights and remedies given to the City by this Franchise or
retained by the City herein shall be in addition to and cumulative with any and all other rights
and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and
such rights and remedies shall not be exclusive, but each and every right and remedy
specifically given by this Franchise or otherwise existing or given may be exercised from time to
time and as often and in such order as may be deemed expedient by the City and the exercise
of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the
same time or thereafter any other right or remedy.
17.16 Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has
had an opportunity to review the terms and conditions of this Franchise and that under current
law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that
Grantee believes the City has the power to make the terms and conditions contained in this
Franchise. Grantee agrees that it will not, at any time, set up against the City in any claim or
proceeding, any condition or term of the Franchise as unreasonable, arbitrary, void as of the
Effective Date of this Franchise or that the City had no power or authority to make such term or
condition.
17.17 Survival of Terms. Upon the termination or forfeiture of the Franchise, Grantee shall no
longer have the right to occupy the Right-of-Ways for the purpose of providing Cable Service.
However, Grantee’s obligations to the City (other than the obligation to provide service to
Subscribers) shall survive according to their terms.
17.18 Competitive Equity.
(a) The City reserves the right to grant additional franchises or similar authorizations
to provide Video Programming services via Cable Systems or other Wireline MVPDs .
The City intends to treat Wireline MVPDs in a nondiscriminatory manner to the extent
permissible under Applicable Law. If, following the Effective Date of this Franchise, the
City grants such an additional franchise or authorization to a Wireline MVPD and
Grantee believes the City has done so on terms materially more favorable than the
obligations under this Franchise, then the provisions of this Section 17.18 will apply.
(b) As part of this Franchise, the City and Grantee have mutually agreed upon the
following terms as a condition of granting the Franchise, which terms may place the
Grantee at a significant competitive disadvantage if not required of a Wireline MVPD:
the obligation to pay to the City a Franchise Fee, Gross Revenues as provided for and
City council meeting of April 19, 2021 (Item No. 4b ) Page 45
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
defined in this Franchise, and the obligation to comply with the requirements in this
Franchise regarding PEG funding, PEG Channels, records and reports, security
instruments, audits, dispute resolution, remedies, notice and opportunity to cure, and
customer service obligations (hereinafter “Material Obligations”). The City and Grantee
further agree that this provision shall not require a word for word identical franchise or
authorization for competitive equity so long as the regulatory and financial burdens on
each entity are materially equivalent.
(c) Within one (1) year of the adoption of a Wireline MVPD franchise or similar
authorization, Grantee must notify the City in writing of the Material Obligations in this
Franchise that Grantee believes exceed the Material Obligations of the wireline
competitor’s franchise or similar authorization. The City and Grantee agree that they
will use best efforts in good faith to negotiate Grantee’s proposed Franchise
modifications, and that such negotiation will proceed and conclude within a ninety (90)
Day time period, unless that time period is reduced or extended by mutual agreement
of the parties. If the City and Grantee reach agreement on the Franchise modifications
pursuant to such negotiations, then the City shall amend this Franchise to include the
modifications. If the City and Grantee fail to reach agreement in such negotiations,
Grantee may, at its option, elect to replace this Franchise by opting into the franchise or
other similar lawful authorization that the City grants to another Wireline MVPD (with
the understanding that Grantee may use its current system design and technology
infrastructure to meet any requirements of the new franchise), so as to ensure that the
regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the
City shall immediately commence proceedings to replace this Franchise with the
franchise issued to the other Wireline MVPD. Notwithstanding anything contained in
this section to the contrary, the City shall not be obligated to amend or replace this
Franchise unless the new entrant makes Cable Services or similar downstream Video
programming service available for purchase by Subscribers or customers under its
franchise agreement with or similar authorization from the City.
(d) In the event the City disputes that the Material Obligations are different,
Grantee may bring an action in federal or state court for a determination as to whether
the Material Obligations are different and as to what franchise amendments would be
necessary to remedy the disparity. Alternatively, Grantee may notify the City that it
elects to immediately commence the renewal process under 47 U.S.C. § 546 and to have
the remaining term of this Franchise shortened to not more than thirty (30) months.
(e) Nothing in this Section 17.18 is intended to alter the rights or obligations of
either party under Applicable Law, and it shall only apply to the extent permitted under
Applicable Law and FCC orders. In no event will the City be required to refund or to
offset against future amounts due the value of benefits already received.
(f) To the extent the City has legal authority to grant a franchise or similar
authorization to a wireless provider of Cable Service, the competitive equity rights
provided by this section shall apply with respect to Material Obligations imposed in such
franchise or other similar agreement. In the event of a dispute regarding the City’s legal
authority, Grantee shall have the burden to demonstrate that such authority exists or
does not exist.
City council meeting of April 19, 2021 (Item No. 4b ) Page 46
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
17.19 In-Kind Cable -Related Contributions. In the event the FCC Section 621 Order (Third
Report and Order in MB Docket No. 05-311 adopted by the FCC on August 1, 2019) (herein “621
Order”) is stayed or overturned in whole or in part by action of the FCC or through judicial
review, and franchise-mandated Complimentary Services to public buildings as set forth in
Section 6.5 herein and the PEG transport as provided in Section 7.9(a) and (c) herein are no
longer considered to be “Franchise Fees” under 47 U.S.C. §542, then for the remaining
Franchise term, Grantee shall provide, free of charge, complimentary Basic Cable Service to the
Complimentary Service locations listed in Exhibit A and the PEG transport as provided in Section
7.9(a) and (c).
SECTION 18 Effective Date
This ordinance shall take effect May 14, 2021.
First Reading April 5, 2021
Second Reading April 19, 2021
Date of publication April 29, 2021
Date ordinance takes effect May 14, 2021
Reviewed for administration: Adopted by the City Council April 19, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Soren Mattick, city attorney
City council meeting of April 19, 2021 (Item No. 4b ) Page 47
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Accepted: This Franchise is accepted, and we agree to be bound by its terms and conditions.
Comcast of Minnesota LLC
Date: By:
Its:
City council meeting of April 19, 2021 (Item No. 4b ) Page 48
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
EXHIBIT A
LIST OF FREE SERVICE TO BUILDINGS
Building Name Address
1. St. Louis Park City Hall 5005 Minnetonka Boulevard St. Louis Park, MN 55416
2.
St. Louis Park Recreation Center and
Wolfe Park Pavilion 3700 Monterey Drive St. Louis Park, MN 55416
3. Municipal Service Center 7305 Oxford Street St. Louis Park, MN 55426
4. Fire Station One 3750 Wooddale Avenue St. Louis Park, MN 55416
5. Fire Station Two 2262 Louisiana Avenue St. Louis Park, MN 55426
6. Westwood Hills Nature Center 8300 W. Franklin Avenue St. Louis Park, MN 55426
7. Police Station 3015 Raleigh Avenue St. Louis Park, MN 55416
8.
The Shops at West End Police
Substation* 1623 West End Boulevard St. Louis Park, MN 55416
9. Excelsior & Grand Police Substation 4717 Park Commons Drive St. Louis Park, MN 55416
10.
The Shoppes at Knollwood Police
Substation* 8332 Highway 7 St. Louis Park, MN 55426
ISD 283:
11. Lenox Community Center 6715 Minnetonka Blvd St. Louis Park, MN 55426
12. Aquila Elementary School 8500 West 31st Street St. Louis Park, MN 55426
13. Peter Hobart Elementary School 6500 West 26th Street St. Louis Park, MN 55416
14. Susan Lindgren Elementary School 4801 West 41st Street St. Louis Park, MN 55416
15. Park Spanish Immersion School 9400 Cedar Lake Road St. Louis Park, MN 55426
16. St. Louis Park Middle School 2025 Texas Avenue South St. Louis Park, MN 55426
17. St. Louis Park High School 6425 West 33rd Street St. Louis Park, MN 55416
18. Central Community Center 6300 Walker Street St. Louis Park, MN 55416
* Following the outcome of the appeal of the 621 Order consistent with Sec tion 17.19 of this Franchise, and upon
the City’s written request, Grantee shall, if permitted by Applicable Law, provide Complimentary Service to locations
#8 and #10 above.
City council meeting of April 19, 2021 (Item No. 4b ) Page 49
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
EXHIBIT B
PEG TRANSPORT
Building Name Address
1. City Hall 5005 Minnetonka Boulevard
2. St. Louis Park High School 6425 West 33rd Street
3. St. Louis Park High School Football Field 6525 West Lake Street
4. Rec Center, Amphitheatre and the Banquet Room 3700 Monterey Drive
City council meeting of April 19, 2021 (Item No. 4b ) Page 50
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
EXHIBIT C
FRANCHISE FEE PAYMENT WORKSHEET
TRADE SECRET – CONFIDENTIAL
PEG Fee Factor: 2%
PEG Fee
Nothing in this Franchise Fee Payment Worksheet shall serve to modify the definition of “Gross Revenues” set forth in
the Franchise.
City council meeting of April 19, 2021 (Item No. 4b ) Page 51
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
EXHIBIT D
Summary of Ordinance for Publication
An ordinance granting a franchise to Comcast of Minnesota, LLC to construct,
operate and maintain a cable system in the city of S t. Louis P ark, Minnesota
setting forth conditions accompanying the grant of the franchise; providing for
regulation and use of the system and the public rights-of -way; and prescribing
penalties for the violation of the provisions herein
On , 2021, the City of St. Louis Park, Minnesota (“City”) adopted an
ordinance granting a Cable Television Franchise to Comcast of Minnesota, LLC (“Comcast”). The
Franchise serves two (2) purposes. First, it is intended to provide for and specify the means to
attain the best possible cable service for the public by providing requirements for cable with
respect to technical standards, customer service obligations, and related matters. Second, it
grants a non-exclusive cable television franchise to Comcast, to operate, construct and maintain
a cable system within the City and contains specific requirements for Comcast to do so.
The franchise includes the following: 1) a franchise fee of five percent (5%) of Comcast’s annual
gross revenues; 2) a franchise term of ten (10) years; 3) a list of schools and public buildings
entitled to receive complimentary cable service; 4) dedicated channel capacity for public,
education and government (“PEG”) access programming; 5) customer service standards
regarding Comcast’s cable services; and 6) a performance bond to enforce Comcast’s
compliance with the franchise.
It is hereby determined that publication of this title and summary will clearly inform the public
of the intent and effect of Ordinance No. . A copy of the entire ordinance shall be
posted at the St. Louis Park City Hall.
It is hereby directed that only the above title and summary of Ordinance No. be published,
conforming to Minnesota Statutes Section 331A.01, with the following:
NOTICE
Persons interested in reviewing a complete copy of the Ordinance may do so at the St. Louis
Park City Hall at 5005 Minnetonka Boulevard, St. Louis Park, MN 55416 during the hours of
7:30 a.m. and 4:30 p.m., Monday through Friday.
City council meeting of April 19, 2021 (Item No. 4b ) Page 52
Title: Second reading of an ordinance granting a cable television franchise to Comcast of Minnesota, LLC
Yes No
Mayor
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Councilmember
Reviewed for administration: Adopted by the City Council (insert date)
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: April 19, 2021
Consent agenda item: 4c
Executive summary
Title: Cancellation of special assessments
Recommended action: Motion to adopt Resolution approving cancellation of special assessments
-1400 Pennsylvania Ave S, St. Louis Park, MN 55426, 3915 31st St W, St. Louis Park, MN 55416
and 4261 Utica Ave S, St. Louis Park, MN 55416
Policy consideration: The proposed action is consistent with policy previously established by
the city council.
Summary: Finance is requesting the special assessment of $74.99 attached to 1400 Pennsylvania
Ave S to be cancelled. This special assessment relates to a 2016 tree removal on the boulevard
located in front of a townhome common area property. The bill of $39.48 was mailed in 2016 to
an incorrect address and the owners were not notified properly. Finance intends to bill the
customer the original amount of $39.48 to be payable to the City of St. Louis Park.
Finance is requesting the special assessment of $236.66 attached to 3915 31st St W to be
cancelled. This special assessment relates to a 2020 Delinquent Utility charge. The building was
demolished and should not have been billed.
Finance is requesting the deferred special assessments of $672.92 and $316.09 attached to
4261 Utica Ave S to be cancelled. This special assessment relates to alley paving, curb and
gutter paving, and sidewalk repair. The owner that deferred the special assessment in 1977 and
1978 is now deceased.
Financial or budget considerations: The city has adequate funds to finance the cost of
cancelling the special assessment.
Strategic priority consideration: Not applicable.
Supporting documents: Resolution
Prepared by: Emily Carr, assessment technician
Reviewed by: Melanie Schmitt, chief financial officer
Cory Bultema, city assessor
Approve d by: Tom Harmening, city manager
City council meeting of April 19, 2021 (Item No. 4c ) Page 2
Title: Cancellation of special assessments
Resolution No. 21-____
Resolution a pproving cancellation of special assessments –
1400 Pennsylvania Ave S, St. Louis Park, MN 55426, 3917 31st St W, St. Louis
Park, MN 55416 and 4261 Utica Ave S, St. Louis Park, MN 55416
Whereas, the City levied special assessments for tree removal (Project 25-16) against
Lamplighter Park Townhome (1400 Pennsylvania Ave S, St. Louis Park, MN 55426- PID 05-117-
21-32-0141) in the total amount of $74.99 in 2018, and
Whereas, the Tree Removal Notice was delivered to an incorrect address and therefore
the owner was unaware of a bill, and
Whereas, the City intends to bill Lamplighter Park Townhome the original amount of the
tree removal, and
Whereas, the City levied special assessments for delinquent utilities against Sela
Investments Ltd., LLP (3917 31st St W, St. Louis Park, MN 55416 - 06-028-24-11-0033 now
known as 3915 31st St W, St. Louis Park, MN 55416 - 06-028-24-11-0115) in the amount of
$236.66 in 2020, and
Whereas, 3917 31st St W was demolished and should not have been billed for utility
services, and
Whereas, the City will cancel the delinquent utility bill of $236.66, and
Whereas, the City levied special assessments for alley paving, curb and gutter paving, and
sidewalk repair (Improvement No. 71-01 and 76-35) against Beulah Majestic in the amount of
$841.12 (07-028-24-32-0182 - 4261 Utica Ave S ) in 1972 and $316.09 (07-028-24-32-0182 -
4261 Utica Ave S ) in 1977, and
Whereas, the owner applied and was approved for a special assessment deferral in 1972
for Improvement No. 71-01 with a beginning deferral amount of $672.92. The owner applied
and was approved for a special assessment deferral for Improvement 76-35 with a beginning
deferral amount $316.09, and
Whereas, the owner, Beulah Majestic, is deceased and 4261 Utica Ave S now has a
different owner, therefore
City council meeting of April 19, 2021 (Item No. 4c ) Page 3
Title: Cancellation of special assessments
Now therefore be it resolved, the Hennepin County Auditor is hereby directed to cancel
the following levied special assessments from the below described tax statement:
Principal Interest Statement
PID A ddress Levy No. Amount Rate Year
05-117-21-32-0141 1400 Pennsylvania Ave S 19726 $74.99 4% 2018
06-028-24-11-0115 3915 31st St W 20504 $236.66 3.5% 2021
07-028-24-32-0182 4261 Utica Ave S 05483 $630.87 7% 2021
07-028-24-32-0182 4261 Utica Ave S 06918 $284.49 7% 2021
Reviewed for administration: Adopted by the City Council April 19th, 2021
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
Meeting: City council
Meeting date: April 19, 2021
Consent agenda item: 4d
Executive summary
Title: Temporary on-sale intoxicating liquor license – Church of the Holy Family
Recommended action: Motion to approve a temporary on-sale liquor license for Church of the
Holy Family at 5925 West Lake Street for their event to be held May 22, 2021.
Policy consideration: Does the applicant meet the requirements for issuance of a temporary
on-sale intox icating liquor license?
Summary: The Church of the Holy Family applied for a temporary on-sale intoxicating liquor
license to use during their annual spring parish get together and fundraiser. The fundraiser, “A
Night in Monte Carlo ”, will take place on M ay 22, 2021 where food and alcohol will be available
from 5 – 11 p.m. Church of the Holy Family will carry the liquor liability insurance through
Catholic Mutual. Entertainment for the evening will consist of several games and an online
auction as well as a raffle to raise proceeds for the church. Any COVID restrictions still in place
during the event will be enforced and church staff is prepared to make changes to the event to
uphold guidelines.
The police department has completed a background investigation on the principals and has
found no reason to deny the temporary license. The applicant has met all requirements for the
issuance of the license, and staff is recommending approval.
Financial or budget considerations: The fee for a temporary liquor license is $100 per day of
the event.
Strategic priority consideration: St. Louis Park is committed to creating opportunities to build
social capital through community engagement.
Supporting documents: None
Prepared by: Chase Peterson-Etem, office assistant
Reviewed by: Melissa Kennedy, city clerk
Approve d by: Tom Harmening, city manager
Meeting: City council
Meeting date: April 19, 2021
Consent agenda item: 4e
Official minutes
Planning commission
March 3, 2021 – 6:00 p.m.
WEBEX
Members present: Jim Beneke, Imran Dagane, Matt Eckholm, Courtney Erwin, Jessica Kraft,
Tom Weber
Members absent: None
Staff present: Gary Morrison, Sean Walther
1. Call to Order – Roll Call
2. Approval of Minutes - none
3. Public Hearings
A. Costco parking lot expansion
Applicant: Costco Wholesale Corporation
Case No: 21-06-S, 21-07-PUD
Mr. Morrison presented the report to the commission .
Commissioner Weber asked if employees can enter the building from the back side of
the building as presented. Mr. Morrison stated yes, there is an entrance in the back of
the building.
Commissioner Weber stated he has concerns about losing the pond and asked what the
city code says and if it needs to be replaced. Mr. Morrison stated underground
treatment is an acceptable option. The proposed underground treatment is upgrading
the pond to today’s regulations for water treatment and containment.
Commissioner Weber asked if this is a man -made retention pond. Mr. Morrison stated it
is man -made .
Commissioner Weber asked more about how Gamble Drive will be improved within this
project and if it will be a better traffic flow there . Mr. Morrison stated the intersection
was reviewed a few times since it was built and improvements were made from the
original design . How ever, Mr. Morrison stated options are limited in that area, and they
tried to work within constraints, including closing off one of the parking lot entrances on
the east side of Gamble.
Chair Eckholm stated he has similar concerns in that area and asked what the lane
widths are . Mr. Morrison stated they are standard size.
City council meeting of April 19, 2021 (Item No. 4e ) Page 2
Title: Planning commission meeting minutes March 3 , 2021
Chair Eckholm asked if a 14-foot-wide lane is necessary here. He added he has concerns
about customers parking in area 4 and walking across Gamble. He stated he would want
to see pedestrian improvements there, so as to be able to cross the traffic lanes safely.
Mr. Morrison noted this area would be for employee parking only. Chair Eckholm stated
that is also a concern for employee parking there and walking over.
Commissioner Web er suggested moving the entrance and exit lanes and making it a
one-way driving area. He added stop lights could also be considered in the area as well
as thinking about areas to separate traffic flow.
Commissioner Erwin stated these are all valid points and asked if Costco could engage a
traffic study there to improve the situation. Mr. Morrison stated staff has looked at the
traffic here over the years, but it is a difficult area. He continued some improvements
have been made over the years.
Chair Eck holm stated he is concerned introducing more parking here, noting the traffic
situation will become worse.
Commissioner Beneke agreed with all the commissioners.
Commissioner Weber stated overall he likes what is proposed, but he would be more
comfortable with less parking proposed. He added possibly the entrance could be
moved as well.
Chair Eckholm opened the public hearing.
Steven Cross, the applicant, stated he has looked at the turn lane and it is an extra wide
lane at 14 feet. There is no way to add more lanes. He stated he would be happy to take
a closer look at this within the confines of this challenging area. He noted the employees
parking across Gamble do have walkways to cross to the building.
Commissioner Weber asked if he is directed to work within the parameters of that
intersection, or is he allowed to make changes to the actual intersection.
Mr. Cross stated they have not explored or considered a total reconstruction of the
intersection, noting this is a shopping center area, and this is an undertaking related to
parking. He added filling in the retention pond is also significantly costly and makes the
project challenging as well. He continued changing the actual intersection would be too
costly but noted they would look at working with the commission and staff on parking
area changes.
Chair Eckholm stated the issue here is the way people behave within the space as it is
currently constructed. He stated he has concerns about adding 90 parking spaces and
more parking stalls will not solve these high traffic concerns . He asked what traffic
studies the applicant has done and what solutions they might have.
City council meeting of April 19, 2021 (Item No. 4e ) Page 3
Title: Planning commission meeting minutes March 3 , 2021
Mr. Cross stated he is not aware of any traffic studies that have been done at the site.
He added they are only looking to add parking stalls and moving employee parking to
the back of the building to open more front area parking for customers.
Caller – Anna Kasinski, 1632 Zarthan Ave S, stated she is adjacent to area 1 and she has
concerns about this. She stated the parking and fence would be an eyesore in the area,
and she would like Costco to mitigate impacts to neighbors and she agreed also about
traffic on Gamble Drive as well. She stated she walks in the area quite often vs. driving
into the site, and thanked staff and Costco for the discussion.
Commissioner Weber noted the geese in the area love the ponds and asked if the pond
is removed, will the rest of the geese move over to the other pond and cause problems
there as well.
Mr. Cross stated he is not aware of this issue and would need to look into measures that
could be done .
Chair Eckholm closed the public hearing.
Commissioner Erwin thanked the caller for their comments. She stated perhaps the
commission should refocus on this measure of parking, and if there are future issues
regarding traffic control, they could be discussed at a future meeting.
Chair Eckholm stated he feels the traffic is a consideration but did note Commissioner
Erwin’s comments.
Commissioner Erwin noted another concern for residents could be lights shining into
homes in the area, and possibly Costco could add a privacy fence there to create an
edge also.
Commissioner Weber added the height of the berm might alleviate that problem, but it
could be an issue with larger trucks.
Mr. Cross stated the y will be cutting into the berm resulting in a retaining wall on the
west side that will block the headlights for the most part. Additional landscaping will be
added to complete the screening. He added they will also replace the speed bumps with
speed humps in that area to reduce the noise, and they will be adding trees there for
screening as well.
Commissioner Kraft noted in area 1, the berm would cover the lights issue, also noting
she would have concern about adding a fence there but thought trees with more
openings there would be better for safety. She asked about area 2 and if traffic comes
from that area as well.
Commissioner Weber stated in area 2, there is no entrance or exit onto Cedar Lake
Road, asking possibly if this is the time to open another entrance there .
City council meeting of April 19, 2021 (Item No. 4e ) Page 4
Title: Planning commission meeting minutes March 3 , 2021
Chair Eckholm stated he would like a traffic study in the area and if there is historical
information as well that staff can provide, he would like to see that.
Mr. Walther stated this entire area was a major redevelopment of an industrial
property . He noted the traffic entrance s were limited to Park Place Blvd and 16th Street
primarily due to neighborhood opposition to access being added to Cedar Lake Road
and especially not to Zarthan Ave S, which results in traffic being funneled to only two
points. He reiterated that small ad justments to improve the traffic flow have been made
over the years and the site complies with previous approvals.
Mr. Walther added this is an unusual application as they are increasing the parking and
but not the building area. The building area is typically used to model increases in the
traffic and parking demands in the code. This does not mean that there could not be
induced demand created by adding parking. He noted this business is doing very well
and is a victim of its success and they are working to alleviate the parking concerns their
customers have voiced.
Commissioner Beneke asked why since parking is so tight, Costco is selling off the land .
Mr. Cross stated Costco is trading land in one area in order to acquire the pond in
another area, so as to create additional parking.
Commissioner Weber stated the entrance to the parking lot should be reconfigured to
force more traffic into the parking lot before turning.
Ms. Jeri Krieg, with Costco, noted the parking count at the St. Louis Park store is very
low compared to other Costco stores around the country. She stated they have worked
with city staff to improve as much as they could over the years.
Commissioner Beneke stated typically he would say the commission is discussing items
beyond the scope and possibly the commission should recommend the city review the
traffic concerns in the area. Commissioner Erwin agreed .
Commissioner Erwin made a motion, Commissioner Beneke seconded, recommending
approval of the major amendment to the PUD and preliminary plat subject to the
conditions recommended by staff, and to have the city council review the traffic
concerns noted by the commission on Gamble Drive .
The motion passed on a vote of 4-2. (Chair Eckholm and Commissioner Weber opposed.)
B. Major Amendment to Park Place Plaza PUD
Applicant: Bianco Properties
Case No: 21-05-PUD
Mr. Morrison presented the report.
Chair Eckholm opened the public hearing.
City council meeting of April 19, 2021 (Item No. 4e ) Page 5
Title: Planning commission meeting minutes March 3 , 2021
There were no callers on the line.
Paul Hu miston , the applicant, was available for questions.
Chair Eckholm closed the public hearing.
Commissioner Weber stated he will approve this and would like to have the city council
review the traffic in the area as well.
Chair Eckholm agreed and asked if they could also look at how to improve the
pedestrian experience as well.
Commissioner Erwin asked how large the proposed retail units are. Mr. Hu miston stated
at this time there are no tenants identified. It is designed for 1 – 3 tenants. There is a
patio for outdoor seating on the north end to accommodate a coffee shop option.
Commissioner Erwin stated she would have concerns about traffic at the intersection,
but noted it seems these businesses will be smaller.
Commissioner Weber made a motion, Commissioner Erwin seconded, recommending
approval of a major amendment to PUD as recommended subject to conditions
recommended by staff, and to recommend to city council to do a traffic study as well as
look at pedestrian enhancements.
The motion passed on a vote of 6-0.
C. Target Knollwood – Boone Avenue reconstruction
Applicant: Target Corporation
Case No: 21-03-CUP, 21-04-PUD
Mr. Morrison gave the presentation to the commission.
Commissioner Kraft asked if the city asked Target to take this project on, or did Target
know about the issue. Mr. Morrison stated it was a concern of both the city and Target,
and Target is responsible for the private road and is initiating the project.
Commissioner Weber asked if the watershed district must approve it as well. Mr.
Morrison stated yes. The watershed stated it meets their floodplain regulations and a
variance request for a wetland buffer will be reviewed by the district.
Commissioner Beneke stated he is surprised Target is okay with losing parking s paces,
and his only worry might be if they ask for more parking in the future.
Chair Eckholm opened the public hearing.
There were no callers on the line.
City council meeting of April 19, 2021 (Item No. 4e ) Page 6
Title: Planning commission meeting minutes March 3 , 2021
Ryan Hyllestad , Kimley Horn, on behalf of Target, was available for questions.
Chair Eckholm closed the public hearing.
Chair Eckholm stated this is a recurring problem and he is glad Target is proactive on this
to rebuild the road and he will support this.
Commissioner Kraft made a motion, Commissioner Dagane seconded, recommending
approval of the CUP to place fill in the FEMA floodplain subject to the conditions
recommended by staff.
The motion passed on a vote of 6-0.
4. Other Business - none
5. Communications
Mr. Walther stated on Monday, April 12, the commission is scheduled for a joint
meeting with the city council at a study session. Chair Eckholm will present the planning
commission’s 2021 workplan to council.
Mr. Walther stated the city council has received several applications for the planning
commission and they will be reviewed and finalized by the end of May.
Mr. Walther stated the March 17 planning commission meeting will be a study session
only .
6. Adjournment
The meeting was adjourned at 7:53 p.m.
Meeting: City council
Meeting date: April 19, 2021
Consent agenda item: 4f
Official minutes
Planning commission
March 17, 2021 – 6:00 p.m.
WEBEX
Members present: Jim Beneke, Imran Dagane, Matt Eckholm, Jessica Kraft, Tom Weber
Members absent: Courtney Erwin
Staff present: Jennifer Monson, Gary Morrison, Sean Walther
Study Session
The study session commenced at 6:00 p.m.
1. Zoning ordinance amendment – fences
Mr. Morrison presented the report. The ordinance would allow six feet tall fences to the
side of a house on a corner lot when the house is not facing the side lot line adjacent to
a street, instead of facing the front lot line.
Commission Weber stated the zoning ordinance amendment is a good solution.
Commissioner Kraft agreed, adding this makes sense vs. coming up with multiple rules
for front and corner lots .
Commissioner Weber asked if the applicant’s fence would need to be shorter now, with
the amendment. Mr. Morrison stated the requested fence could still be up to six feet
tall with the proposed revision. The area proposed to have the four-foot limit is located
between the front face of the house and property line along the street (Texas Circle).
Mr. Morrison stated a public hearing will be scheduled for this topic in April with the
planning commission.
2. Home occupations
Mr. Morrison presented the report.
Chair Eckholm stated there are parking concerns possibly, but he noted noise issues are
more concerning. He added if the accessory building is a problem for city council, he
would be fine removing that piece.
City council meeting of April 19, 2021 (Item No. 4f) Page 2
Title: Planning commission meeting minutes March 17, 2021
Mr. Morrison stated the complaints that went to council were not about parking, they
were about the impacts resulting from home occupations being conducted in accessory
buildings.
Commissioner Weber asked if there is enforcement action if an occupation is moved to
the garage . Mr. Morrison stated yes there is. He noted that enforcement takes time and
is problematic in that the city will not contact a business unless staff sees or catches
them in the act of using the garage for their business.
Chair Eckholm asked what sort of businesses the nuisance cases are . Mr. Morrison
stated some are auto repair, storage of items in the garage, or employees coming over
to pick up items out of a garage, which creates traffic. He added sometimes it can be an
odor, such as paint or stain .
Commissioner Weber appreciated Mr. Morrison’s comments, but added if the extension
is to an ADU and a garage is not included, he is not sure what the difference is between
home or garage occupation. Mr. Morrison stated the home occupation is less likely to
create nuisance impacts for neighbors if it is being conducted in the dwelling as opposed
to a garage or shed. People may be more likely to conduct an activity that results in
odors, sound, or other nuisances when conducted in an accessory building than within
their own dwelling space.
Chair Eckholm asked if there might be more acceptance if the city allowed painting in a
shed vs. in a garage, and if removing garages solves 90% of the problem. Mr. Morrison
stated the city does not differentiate between a garage or a shed in the code they are
both accessory buildings.
Commissioner Kraft asked if garage attached to homes are considered an accessory use.
Mr. Morrison stated yes. She stated the spirit of the ordinance seems to be that the
home occupation is within the home and should not be noticeable. She stated she does
not think we need to pursue allowing home occupations in accessory buildings.
Commissioner Ben e ke asked if the 25% limit is applicable to the ADU. Mr. Morrison
stated it should, but also noted that if the occupant of the ADU is using more than 25%,
it would be difficult for city staff to know.
Mr. Walther stated when the ADU was created, it was defined as only when they are
designed to be separate units. He stated it there is a living space and flow between the
two areas, that is not technically an ADU .
Commissioner Beneke asked if all home occupation persons would need to get a permit,
so they know what the rules are . Mr. Morrison stated permits are required when
customers and students come to the site, we can amend the code to also require the
permit when an employee comes to the site. Otherwise, staff gets a lot of calls about the
rules for home occupations. We can use the website to make the information readily
City council meeting of April 19, 2021 (Item No. 4f) Page 3
Title: Planning commission meeting minutes March 17, 2021
available. Otherwise, whe n the city receives a complaint, we use the first encounter to
share the rules. We begin enforcement if they continue to violate the rules.
He stated this will be brought forward to the commission as a public hearing in April as
well.
3. Transit oriented development zoning districts
Ms. Monson presented the report.
Chair Eckholm stated he does support the vision shown within the presentation and
appreciates the adjustments to the stations that has evolved over time. He added he
would like to see a discussion around what can be done to make the crossing over
Hwy. 7 more walkable and pedestrian friendly.
Commissioner Weber asked about the commitment of NordicWare in the area and if
that has been done as we hoped they would. Ms. Monson stated their plan is what the
city had hoped for in the area, and also includes public space with their coffee shop also.
Commissioner Weber asked if the jobs station will be an opportunity or a challenge with
more people working from home since covid. Ms. Monson stated over time as market
shifts and more people are working from home, there is definitely opportunity there for
amendments to the code to allow for more mixed -use areas.
Commissioner Weber stated he supports the vision as well. Chair Eckholm added he
likes the mixed use along the Beltline corridor also. He asked if there has been any
interest from Methodist Hospital related to the healthcare area station. Ms. Monson
stated early on there was interest for medical uses in the area.
Mr. Walther added Methodist Hospital is always under continual change and
development of their property. He added they have been invited as a partner in the
Louisiana Station planning, especially since they are the largest employer in the city. Mr.
Walther stated the city has worked with Methodist on the north-south connection there
and also removing barriers in the area. He stated there is enormous opportunity here.
Chair Eckholm stated he has heard on Next Door recently there are no connections to
Minnehaha Creek within the city. He asked if there will be ways to make more public
connections to the creek.
Ms. Monson stated there are boardwalks west of the city’s municipal building. Mr.
Walther added there are walking areas along Methodist Hospital and a lot of work has
been done to re -meandering the creek in that area. He added the history of
contamination in the city has led to restoration and protecting the water quality as well,
especially in conjunction with the hospital and healthcare uses.
City council meeting of April 19, 2021 (Item No. 4f) Page 4
Title: Planning commission meeting minutes March 17, 2021
Commission er Kraft stated she appreciates all the connections and creating of new
nodes, adding they are only as effective as people being able to get access to these
connections within their neighborhoods. She asked if these will be park and rides at all,
and how easy will it be for folks to access the stations with car or bikes .
Ms. Monson stated the Beltline and Louisiana Stations will both have park and rides. Mr.
Walther stated there has also been acquisition of smaller properties in the area, near
the rail tracks, and those will eventually be used as more park and ride lots . He stated
there is no park and ride at the Wooddale Station.
Commissioner Weber asked if there has been any thought of using a shuttle to get folks
to the light rail stations . Ms. Monson stated there is no shuttle being considered at this
time but that Metro Transit will be adding or adjusting bus routes to better serve the
light rail stations.
Chair Eckholm asked if building materials, such as timber, would affect how high or large
buildings could be within the city limits . Ms. Monson stated the transit zoning districts
will provide opportunities where there could be higher height of buildings, adding that
Louisiana and Beltline could be those areas that would be more appropriate for this as
there is less single -family residential surrounding those stations.
Ms. Monson stated she will be sending a report to city council on the TOD zoning district
and the commission and council can discuss this further during their joint study session
on April 12.
Mr. Walther added the commission will also discuss their 2021 workplan with the
council, as well as regulations around single-family house sizes .
Mr. Walther also added that Commissioner Erwin will be leaving the commission and a
vacancy will be created on the commission now with her absence. She will continue to
serve on the commission through the end of May.
The meeting was adjourned at 7:38 p.m.
Meeting: Special study session
Meeting date: April 19, 2021
Discussion item : 1
Executive summary
Title: Governmental accounting overview
Recommended action: No formal action required. This report is to assist with the study session
discussion about governmental accounting. Staff is preparing a presentation that goes through
and explains concepts of governmental accounting. This information is intended to help the
council understand the large “system” we work within from the financial side. Ultimately the
information presented and discussed will hopefully provide council members a solid knowledge
base which will aid with future discussions on the 2022 budget and finances.
Policy consideration: What additional information can staff provide on this topic?
Summary: Each year before we start the budget process, staff would like to work with council
on an area of St Louis Park finances to help foster an understanding of the how and why of
government finance. With every council member bringing a different amount of financial
knowledge to the table, this year we would like to start with a basic overview of governmental
accounting. Topics covered will include, fund accounting, fund balance, market value, tax rate,
and the levy. After we cover these topics, we will discuss SLP finances and our revenue sources,
main expenses, and capital projects at a very high level. These items interact as one big system.
When you change one thing it can influence another.
Financial or budget considerations: Details regarding government accounting and City
financials will be discussed at the work session.
Strategic priority consideration: All areas of the adopted strategic priorities are impacted by
the city’s budget and financial health.
Supporting documents: Discussion
Prepared by: Melanie Schmitt , chief financial officer
Reviewed by: Cindy Walsh, interim deputy city manager/operations and recreation director
Approve d by: Tom Harmening, city manager
Special study session meeting of April 19, 2021 (Item No. 1) Page 2
Title: Governmental accounting overview
Discussion
Background: The goal of this discussion is to build a base for the 2022 budget by answering
question on how fund accounting works and providing a high-level overview of the St. Louis
Park finances.
Fund Accounting: In government we use what is called fund accounting. Fund accounting is the
use of several different “funds” to keep track of revenue and expenditures. A normal company
would have a single fund to track the revenue and expenditures of the business. Government
has a different set of rules for accounting than a business. In St. Louis Park, we currently have
59 active funds we use to track the accounting. These funds are split into classifications.
G eneral Fund: General operating fund. This fund is the catch-all for government functions that
aren’t categorized under any other fund. The tax levy is the main funding source for the general
fund. Other revenue in the general fund includes fees, fines, program revenue, and licensing.
Some of the departments housed in the St. Louis Park general fund include:
•Admin Services
•Building & Energy
•Engineering
•Fire
•Information Technology
•Parks & Recreation
•Public Works
•Police
Special Revenue Funds: Special revenue funds are used to report money reserved for specific
purposes. The fund use is restricted to that specific purpose. Some of our Special Revenue
funds include:
•Cable Television
•Affordable housing trust fund
•Special service districts
De bt-Service Funds: These funds are used to keep track of and pay SLP’s debt. We open a debt
fund for each bond issuance to track the revenue (levy) and expense (debt payments) and have
the residual balance for each debt issue.
Capital Project Funds: These funds are to account for purchasing, building, or renovating
equipment, structures, and other capital assets. A temporary Capital project fund may be
opened for a large project- such as the Westwood Hills N ature Center construction. Other
examples are:
•Park Improvement
•Sidewalk and Trails
Special study session meeting of April 19, 2021 (Item No. 1 ) Page 3
Title: Governmental accounting overview
Proprietary Funds: Account for business like transactions outside and within the government.
Enterprise Fund: Used to account for activities that involve business-like interactions to
external users. An example is our utility funds.
Internal Service Fund: Used to account for activities that provide goods or services to
other funds, as well as departments or agencies of the primary government.
All funds have the ability to interact with each other and many do. An example is the activity of
managing employees for the solid waste fund. This is done by HR which is located in the general
fund. The solid waste fund reimburses the general fund for the work done by HR.
Fund Balance: Each of the city’s 59 funds have a fund balance. Think of the fund balance as the
amount left after all revenue is received and expense is paid. The fund balance stays the same
unless a transaction increases or decreases it. The Fund balance is very important for the
financial health of the City. We receive our largest revenue source, property taxes, only 2 times
per year. A robust fund balance allows us to continue to run the City without steady monthly
cash. It can also help when we need funds for an emergency (delayed tax payments for
example). The rating agencies look closely at fund balance as a sign of financial health. This is
important as the highe r our rating, the lower the cost of borrowing money when we need it. It
is recommended we keep a balance of 35 to 50 percent of general fund operating revenue from
the prior year as our fund balance. There are five different categories a fund balance can be in.
-Non-spendable Fund Balance : These dollars cannot be spent because they are not in a
spendable form or are legally or contractually required to remain intact. Examples: Inventory,
pre -paid items, or long -term receivables.
-Restricted Fund Balance : Dollars on which there are constraints placed regarding their use. A
good example is our debt funds. The fund balance is restricted to use for debt repayment or
management until the debt is paid off.
-Unrestricted-Committed: These are dollars that must be kept for specific purposes as
determined by formal action of the decision-making authority. Example would be funds set
aside by the council for a specific capital project.
-Unrestricted-Assigned: These are the dollars a city intends to use for a spe cific purpose, but
they are not committed. An example is assigning fund balance for possible revenue loss due to
COVID.
-Unrestricted-Unassigned: Dollars that do not fall into any of the other classifications.
The City’s policy is to keep a 45% unassigned fund balance and any overage is assigned by the
City Council for a use or program. Staff makes recommendations based on council input on
where to put the unassigned fund balance. This is done after the annual audit is complete in
May or June. Wh en recommendations for assignment of fund balance are made, it is well
thought out. Using fund balance to supplement the levy for a year or two can have unintended
consequences for taxpayers. If you use levy overage to supplement inflationary costs, you may
need to double your increase in the consecutive year to get the levy to the amount needed for
operations, or you need to cut expense from the budget. We have used levy over 45% in past
years for a one-time expense or capital project that does not have an effect on the operation
piece of the levy.
Special study session meeting of April 19, 2021 (Item No. 1 ) Page 4
Title: Governmental accounting overview
Market Value, Tax Rate, and the Levy: Minnesota has a complex property tax system. Every
community has a different tax base to work with depending on many factors. Some of those
factors include the ratio of commercial industrial to residential. The number of tax exempt or
seasonal properties within an area. Some communities have property that have higher values
than others which can increase the market value. Ultimately every community has a different
set of factors that contribute to how much market value they have.
The market value is used to determine the taxable market value, which is applied to the tax
rate. Property owners have several tax rates on a parcel including school district, county, city,
and other districts such as water district or met council. Here in the City of St. Louis Park, our
residential properties make up almost half of our taxable market base. The balance is
commercial, industrial, and apartments. In 2021 the average tax rate for a SLP residential
property owner was 117.845%. So how do you have over a 100% tax rate on a property? This
happens due to the way a properties taxable market rate is created. A simplistic way to look at
the calculation is below.
Property Market Value = $100,000
Divide by 100 for taxable market value= 1,000
Multiple by tax rate 117.845% = $1,178.45 Total taxes on $100,000 property
The above is an oversimplification of a residential property tax calculation. One item not
included in the calculation is the market value exclusion. If a residential home is your primary
homestead, a market value exclusion is automatically calculated which brings down the taxable
market rate of the property. The maximum exclusion goes to homes valued at $76,000 or less.
The exclusion at that level is 40% of market value . For a $76,000 home, that means $30,400 of
value is not taxable. In other words, all property taxes are applied only to the remaining
$45,600 of market value. As home value increases, the portion of market value eligible for
exclusion phases out and is at zero percent for homes valued at more than $413,778.
Commercial an d Industrial taxes are calculated with a different formula than residential. We are
not going to dive into those calculation s as we are already going over a lot of information.
The last piece of market value we will discuss in the report is fiscal disparities. Fiscal disparities
is a property tax base sharing program based within the Twin Cities metropolitan area. The
contribution pool is equal to 40 percent of the growth in commercial, industrial, and public
utility value since the base year (1971). To distribute the pool of tax capacity, a distribution
index is used. The index compares each city’s total market value per capita to the average
market value per capita for all cities and towns in the seven metropolitan counties. Cities that
have relatively le ss market value per capita receive a relatively larger distribution from the pool
than cities with greater market value wealth per capita.
The fiscal disparities program was created for a variety of reasons including to provide a way for
local governments to share resources generated by regional growth, e ncourage orderly urban
development by reducing competition for commercial and industrial development, and it
established incentives for regional cooperation. These are just a few reasons the program was
created. This information is from the League of Minnesota Cities website if you would like to
read more about fiscal disparities.
Special study session meeting of April 19, 2021 (Item No. 1 ) Page 5
Title: Governmental accounting overview
St. Louis Park Finances: The final piece of this report is a broad discussion of SLP finances. Our
levy this year was $36,335,325. There were 5 pieces to our levy. General fund, Park
Improvement and Capital Replacement fund (both capital funds), the employee benefit fund
(internal service), and our debt levies (several funds for debt). With the levy accounting for the
majority of funding for those funds, the City also receives revenue from the following:
• Program fees (pool, ice arena, park rentals)
• Permits and fines (liquor license , building permits, municipal court fines)
• Gas & Electric Franchise fees (pavement management)
• Cable franchise fees (communication to the public)
• General Obligation Debt (building facilities, connect the park)
• Utility revenue (maintaining utility infrastruct ure)
These revenue sources help offset the levy. Because many of the types of services we offer to
the public are not profitable, we use the levy to be able to afford to offer the service. A great
example is the ice arena. You don’t see private companies owning and operating many ice
arena’s because they typically are not a profitable endeavor. However, the value to the
community makes it a great service we can provide through a combination of levy and fee s.
When looking at the expenditures of the City, for the most part you can lump every expense
into one or more of five categories.
1. Employee Expense
2. Capital Infrastructure
3. General Maintenance
4. Capital Equipment
5. Facility Expense
In these five buckets you can put most expense for every program, project, and service the City
of St. Louis Park offers. All our offerings are a service and require employees. Every program,
inspection, valuation, and design require an employee of the City to either do the work or
facilitate with another group. Capital infrastructure is a huge bucket we use for our roads,
bridges, buildings, sidewalks, trails, parks and many more items . General Maintenance is the
bucket for miscellaneous maintenance items and supplies. Capital equipment is for Citywide
equipment purchase. And lastly our facility expense is the cost to keep the lights on at our City
spaces.
Next Steps: We will talk more about our buckets of expense, revenue sources, and how it all
ties together during the meeting on Monday night.
Meeting: Special study se ssion
Meeting date: April 19, 2021
Discussion item: 2
Executive summary
Title: Connect the Park policy discussion
Re commended action: None at this time. Staff is presenting the feasibility review process
recommended to be used to evaluate future Connect the Park segments.
Policy consideration: Will the proposed feasibility review process help to inform council
decision s on Connect the Park projects?
Summary: Connect the Park is the building of infrastructure that supports the policies and
programs of the city. It is the implementation of the Active Living : Sidewalk and Trail Plan that is
intended to change how people move around the community by constructing a comprehensive
citywide system of sidewalks, bikeways, and trails.
This report is part of an ongoing series of council discussion s related to Connect the Park. The
purpose is to share the update the goals , strategies, recommended metrics and feasibility
review process , so the plan will reflect the strategic priorities, policies and plans of the city.
At the March 1, 2021 council study session, the city council provided staff with feedback on the
metrics that will be used to measure the progress toward achieving the updated goals and
strategies of Connect the Park .
This report focuses on the criteria used for evaluating the feasibility of each Connect the Park
project. This feasibility review process will be applied to each segment as they are designed and
brought forward to the council for consideration.
Financial or budget considerations: This report focuses on specific policy as it relates to the
Connect the Park implementation plan. This policy discussion will likely result in financial or
budget considerations in future reports. The funding source for Connect the Park is 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.
Supporting documents: Discussion
March 1, 2021 study session report (page 4-69)
March 1, 2021 study ses sion minutes (page 1-3)
Attachments A, B, C, and D
Prepared by: Jack Sullivan, senior engineering project manager
Reviewed by: Debra Heiser, engineering director
Approve d by: Tom Harmening, city manager
Special study session meeting of April 19, 2021 (Item No. 2) Page 2
Title: Connect the Park policy discussion
Discussion
Background: Connect the Park (CTP) is the building of infrastructure that supports the policies
and programs of the city. It is the implementation of the bikeway, sidewalk and trails identified
in the Active Living Sidewalk and Trail Plan . The purpose is to make a measurable difference in
how people travel around the community by constructing a comprehensive citywide system of
bikeways, sidewalks, and trails. It builds on council policies and plans to set a course for
implementation of the non-motorized transportation for the community.
Connect the Park was discussed by the council at four previous study sessions, Aug. 26, 2019,
July 13, 2020, Nov. 9, 2020 and March 1, 2021.
The conversation in August of 2019 focused on the status of the initiative at the halfway point
of the 10-year capital improvement program (CIP). There was significant emphasis on how the
program has evolved and has been re defined by city plans, policies, directives, and best
practices of the industry.
The council provided staff with feedback that they support the installation of bikeways,
sidewalks, and trails; however, they felt that there were additional policy questions that
needed to be addressed.
The policy question for the July 2020 study session was, “Does the city council support the
routes identified on the Connect the Park map?”. Staff heard that council supports the
bikeways, sidewalks, and trail segments identified in the Connect the Park plan and in the
locations shown on the maps. However, council requested that the following items be
addressed as Connect the Park moves forward:
• There have been significant changes since the initial development of Connect the Park
and the goals should be updated to reflect the city’s strategic priorities .
• Metrics should be developed to understand how the investments in Connect the Park
are making a meaningful difference in how people move about the city.
The March 1, 2021 study session focused on what metrics would be used to measure the
progress toward achieving the updated goals and strategies. A set of metrics were paired with
the updated goals to measure how Connect the Park is achieving the updated goals and
strategies. The metrics that were chosen were based on the data and practices available in the
industry. They balance data that is readily available by other source s and the effort and cost
required for staff and consultants to acquire this data.
There are eight metrics that will be used to measure the Connect the Park progress.
1. Citywide attitude surveys
2. Community walk scores
3. Community bike score
4. Pedestrian counts
5. Bicycle counts
6. Crash statistics for pedestrians and bicycles
7. Demographic data
8. Access to destinations
Special study session meeting of April 19, 2021 (Item No. 2) Page 3
Title: Connect the Park policy discussion
See the linked March 1, 2021 study session report and meeting minutes for a recap of the
council discussion on metrics. Council had consensus on the metrics and asked for staff to use
the updated the goals, strategies, and metrics to identify the criteria to measure the feasibility
of a project.
Feasibility review: Staff is recommending the feasibility review process shown in Figure 1 to be
conducted for each proposed Connect the Park segment. This will be applied to each segment
as they are designed and brought forward to the council for consideration. All bikeway,
sidewalk, and trail use the same criteria as part of the feasibility review to inform the
comparative return on investment (ROI). A description of the process is below, additional detail
on each criterion is included in attachments.
Figure 1 - Feasibility review process
Note that public input happens at each stage of the process
1. Scope : Understanding the scope of the project is key for putting together the impacts
and costs. Questions to ask: What type of facility is being designed, pedestrian, bicycle ,
or both? Is it a standalone project, or associated with a street reconstruction project?
Projects that are associated with street reconstruction projects have greater design
flexibility. This is due to the capital costs of altering the street being built into the
project budget. For standalone or retrofit projects, the costs for altering the street is not
included in the project budget and would increase the cost to build the facility.
2. Data: Before we can move into design, we will gather data. The information collected
consists of a large subset of data that can be seen on Attachment A.
3. Design: The type of facility will guide the base design.
a. Pedestrian (sidewalks ): the standard design is a 6-foot wide concrete sidewalk
with a 6-foot wide grass boulevard. This typical design would be applied to the
corridor identified in the plan. Adjustments would be made , where possible, to
minimize impacts.
b. Pedestrian and bicycle (trails): the standard design is an 8-foot-wide asphalt trail
with a 6-foot wide grass boulevard. This typical design would be applied to the
corridor identified in the plan. Adjustments would be made , where possible , to
minimize impacts.
Special study session meeting of April 19, 2021 (Item No. 2) Page 4
Title: Connect the Park policy discussion
c. Bicycle (bikeway): There is not a standard design for bikeway facility type. The
type of facility and user served is dependent on the roadway characteristics. Due
to this variability of bicycle facilities there is additional analysis that would be
completed. Using the data collected, staff will consult industry guidance to
develop designs. This includes numerous sources such as the National
Association of City Transportation Officials (NACTO), Federal Highway
Administration (FHWA ), Minnesota Department of Transportation (MNDOT), and
Municipal State Aid manual. Staff would bring forward multiple design options
for council consideration . Figure 2 illustrates the design options staff would
present for bikeway segments.
i. A best fit design for the route in the plan. This facility would strike a
balance with the existing context of the surrounding area while still
meeting the industry design guidance.
ii. A facility on the planned route that meets the needs of the “interested
but concerned” cyclist. This will be based on the NACTO design guidance.
iii. Review alternative route s and identify the best fit and interested but
concerned designs for that route .
Figure 2 - Bikeway design process
4. Impacts: The design will result in impacts. These include physical impacts to the
environment, private and public property. It also includes financial costs; capital,
operation, maintenance and general levy. Finally , it would include social capital impacts
based on neighborhood and community acceptance of the proposed segment. The full
list of criteria for impact and cost can be seen on Attachment B.
5. Public i nput: Providing the public the opportunity to be involved in design and to
provide feedback is an important part of every feasibility review. Staff recommends that
we engage the community at each stage of the process to provide the greatest amount
of feedback.
6. Return on investment (ROI): There was discussion at previous study sessions related to
the cost-effectiveness and return on investment (ROI) of Connect the Park. The
feasibility review will be used to provide the council this information. Staff recommends
evaluating the impacts, costs and returns for each design alternative and developing a
comparative ROI for each segment. A simplified example of what this could look like can
be found in Attachment D. Please note that there are more options for bikeways then
there are for sidewalks and trails. This is due to the re being a variety of bikeway facility
types. Whereas sidewalks and trails have a standard design.
Special study session meeting of April 19, 2021 (Item No. 2) Page 5
Title: Connect the Park policy discussion
Policy questi ons: With the information provided in this report staff has the following policy
questions.
• Will the feasibility process be helpful in informing the council on Connect the Park
segments?
• Is there additional information that should be added to help inform the ROI?
• Does council desire to prioritize the costs and returns to assist in establishing
comparative ROI ?
Next steps: If council supports the feasibility review process , then staff recommends that it be
used on the next Connect the Park (CTP) segments. Th e next CTP segments are a part of the
2022 pavement management project in the west Fern Hill Neighborhood and includes both
bikeway and sidewalk. As we work through this first process, we will be able ref ine it and to
provide the council an example of how it would work.
Staff recommends the next study session topic would be to provide a review of the schedule
changes to the CTP plan. Last fall, during the 2021 budget process, finance took a deep dive into
our CIP and how the 10- year projections for debt levy influence the annual budget cycle. As a
part of this, the schedule for the CTP plan was slowed down, with completion extended from
2027 to 2036.
Additional policy discussion topic for future study sessions:
• Community and neighborhood sidewalk designation: Sidewalks included in the CTP
implementation plan are designated as community. The council has requested a
discussion regarding the definitions for sidewalk designation.
It is expected that the council policy conversation for Connect the Park could be completed by
summer of 2021. This would help to inform the public process for the upcoming capital
improvement projects scheduled for 2022 and beyond.
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
Attachment A – Data
Vehicles:
•Traffic volumes
•Traffic speeds
•Class of vehicle (trucks vs. automobiles)
Roadway:
•Crash history
•Existing right of way
•Road width
•Number of lanes/ width of lanes
•Intersections
•Speed limit
•Existing sidewalk/ trails. Are they redundant? Or non-existent
•Parking (utilization and restrictions)
•Trees
•Space between curb and sidewalk
•Topography of the boulevard
•Driveways - length, slope, quantity
•Transit stops, shelters, frequency of service
•Pavement condition index (PCI)
•Utilities in the ROW- hydrants, utility poles, gas regulator stations
•Drainage
Land use:
•Destinations
•Building setbacks
Bicycles/ pedestrians:
•Existing bicyclist counts
•Existing pedestrian counts
•Crossing locations
Special study session meeting of April 19, 2021 (Item No. 2)
Title: Connect the Park policy discussion 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
Attachment B – Impacts and cost
Physical impacts
•Environmental
•Tree removal
•Impervious change
•Private
•Driveway impacts (slope, length, etc)
•Parking changes
•Right of way acquisition
•Fences
•Landscaping
•Public
•Lane width reduction
•Change to number of lanes
•Street width
•Retaining walls required
•Influence on vehicle speeds
•Changes to boulevard width
•Modification of existing sidewalks
Social capital
•Neighborhood reception/acceptance
•Community reception/acceptance
•Public input
Financial
•Budget vs. estimated costs
•Operations and maintenance costs
•General levy
Special study session meeting of April 19, 2021 (Item No. 2)
Title: Connect the Park policy discussion Page 7
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
Attachment C – Returns
Destinations connected
•Schools
•Transit
•Commercial
•Apartments
•Job centers
•Parks
•Community gathering spaces
•Faith centers
•Regional system
•Adjacent cities
Population served
•Age
•Race
•Gender
•Number of residents on corridor and within 0.5 mile
•Bikeway
Bike network analysis (BNA)
Type of user (Bicycle only)
Barriers overcome
•Railroads
•Highways
•High volume roads
•Sidewalk/ trail gaps
•Unsignalized intersections
Safety
•Crash statistics
•Vehicle volumes and speeds
•Crossing improvements
Special study session meeting of April 19, 2021 (Item No. 2)
Title: Connect the Park policy discussion Page 8
Physcial impacts ‐ Environmental *Physical impacts ‐ Public *Physical impacts ‐ Private *Social capital* Financial *Destinations connected +Population served + Barriers overcome + Safety +Do nothing/no‐buildSidewalkTrailBikewayBest fit Interested but concenredAlternate routeBest fit Interested but concenredComparative ROI* Refer to Attachment B ‐ Impacts and cost+ Refer to Attachment C‐ ReturnsDesign OptionReturn on investment (ROI) Attachment D Returns Impacts and costSpecial study session meeting of April 19, 2021 (Item No. 2) Title: Connect the Park policy discussionPage 9
Meeting: Special study session
Meeting date: April 19, 2021
Written report: 3
Executive summary
Title: Boards and commissions appointment process update
Recommended action: City council to provide feedback on the proposed candidates to be
interviewed for the city’s boards and commissions and the proposed interview panels.
Policy consideration:
•Is the council in support of the attached list of candidates to interview and the proposed
interview panels?
•Is the council in support of the appointments to the Bassett Creek Watershed Management
Commission?
•Does the city council have additional questions regarding the annual appointment process?
Summary: Appointments to the seven boards and commissions occurs annually. The attached
report highlights the annual appointment process and interview schedule. The proposed
interview panels and candidates to be interview ed are also attached. In addition, staff provides
an update and recommendation on appointments to the Bassett Creek Watershed
Management Commission (BCWMC).
Financial or budget considerations: Not applicable.
Strategic priority consideration:
•St. Louis Park is committed to being a leader in racial equity and inclusion in order to create
a more just and inclusive community for all.
•St. Louis Park is committed to continue to lead in environmental stewardship.
•St. Louis Park is committed to providing a broad range of housing and neighborhood
oriented development.
•St. Louis Park is committed to providing a variety of options for people to make their way
around the city comfortably, safely and reliably.
•St. Louis Park is committed to creating opportunities to build social capital through
community engagement.
Supporting documents: Discussion
Prepared by: Maria Solano, interim administrative services officer
Approved by: Tom Harme ning, city manager
Special study session meeting of April 19, 2021 (Item No. 3) Page 2
Title: Boards and commissions appointment process update
Discussion
Background: Appointments to the seven boards and commissions occurs annually. The
application period for the annual appointment process began Jan. 4, 2021 and closed on Feb.
28, 2021. The city received 45 applications for city boards and commissions. During the month
of March, the city council reviewed and evaluate d all the applications that were submitted.
Candidate interviews will be held in April and May. Next steps include:
•Week of April 19 – Staff will notify candidates of their application status and schedule
interviews
•April 26 – May 7 – panels will conduct candidate interviews and make recommendations
to staff
•May/June– formal approval of appointments
Interviews: The council will participate in interview panels consisting of no more than three
council members and the commission chair. Each council member is proposed to be on three
panels. Some commission Chairs are up for reappointment, in those cases the Vice Chair or an
alternate has been selected to participate on the interview panel. Similar to last year, the
interview panels will provide their recommendations to the whole council for approval at a
meeting in May or June.
Staff recommends the council interview the candidates highlighted in green below based on
average scores, number of vacancies per commission, number of applicants per commission
and the ability to have at least two alternates in case vacancies occur during the year.
Community Technology Advisory Commission
Proposed interview panel: Rachel Harris, Larry Kraft, Tim Brausen and Commission Chair Levine
Interview 4 applicants for 1 commission vacancy.
Applicant Ward Average Score
Slaats, Konnor 4 4.4
Tift, Sam 4 4.3
Wilden, Matthew 1 4.1
Goldman, Simon 1 4.0
Eggen, David 3 3.9
Alsharit, Ahmed 4 3.6
McSherry, Robert 1 3.6
Lund, Kristian 2 3.3
Saesan, Joshua 1 3.3
Minter, David 3 2.9
Special study session meeting of April 19, 2021 (Item No. 3) Page 3
Title: Boards and commissions appointment process update
Environment and Sustainability Commission
Proposed interview panel: Larry Kraft, Rachel Harris, Nadia Mohamed and Commission Chair Baye r
Note: The Environment and Sustainability Commission conducted outreach to the business
community for applicants. Staff recommends the council interview Michael Doyle, a business
representative, due to the commissions goal of attracting applicants from the business community.
Interview 10 applicants for 6 commission vacancies.
Applicant Ward Average Score
Ashare, Shaina (seeking reappointment) 3 4.7
Shahidi, Sasha 2 4.7
Wilson, Joffrey 2 4.7
Giraldo, Tatiana 1 4.4
Griffin, Ryan (seeking reappointment) 2 4.3
Wilsey, David 1 4.3
Johnson, Holly 2 4.0
Moore, JD 4 4.0
Pengelly, Paget 2 4.0
Lawrence, Angela 1 3.7
Person, Richard 4 3.7
Scott, Thomas 1 3.7
Aafedt, Cody 3 3.6
Warbuck, Sarah 1 3.6
Willette, Andrew (seeking reappointment) 4 3.4
Lund, Kristian 2 3.3
Doyle, Michael (business member) N/A 3.1
Hannon, Cole 2 3.1
McSherry, Robert 1 3.0
Schermann, Joseph 1 3.0
Eckholm, Matthew 3 2.9
Morgan, Nicholas 3 2.9
Glozman, Natalie 2 2.7
Minter, David 3 2.3
Housing Authority
Proposed interview panel: Tim Brausen, Lynette Dumalag, Margaret Rog and Commissioner Webb
(Chair Courtney is seeking reappointment)
Interview 5 applicants for 2 commission vacancies.
Applicant Ward Average Score
Lund, Kristian 2 4.6
Courtney, Catherine (seeking reappointment) 1 4.1
Miller, Thom 1 3.7
Glozman, Natalie 2 3.3
Engberg, Sara Mae 3 3.1
Special study session meeting of April 19, 2021 (Item No. 3) Page 4
Title: Boards and commissions appointment process update
Human Rights Commission
Proposed interview panel: Nadia Mohamed, Margaret Rog, Jake Spano and Commission Chair
Mancini
Interview 5 applicants for 1 commission vacancy.
Applicant Ward Average Score
McIvor, Saiko 2 4.7
Wilson, Joffrey 2 4.7
McMillan, Jacqueline 4 4.1
Lawler Turnbull, Catherine (Katie) 3 4.0
Scott, Thomas 1 4.0
Hunsinger, Lynn 2 3.9
Pappas Stanoch, Pamela Kay 4 3.7
Engberg, Sara Mae 3 3.0
Lawrence, Angela 1 3.0
Planning Commission
Proposed interview p anel: Lynette Dumalag, Rachel Harris , Jake Spano and Commissio n Vice
Chair Beneke (Chair Eckholm is seeking reappointment)
Interview 7 applicants for 4 commission vacancies.
Applicant Ward Average Score
Kraft, Jessica (seeking reappointment ) 1 5.0
Wilson, Joffrey 2 5.0
Eckholm, Matthew (seeking reappointment) 3 4.7
Miller, Thom 1 3.7
Griffin, Ryan 2 3.3
Salzer, Michael 1 3.3
Tift, Sam 4 3.0
Police Advisory Commission
Proposed interview panel: Larry Kraft, Nadia Mohamed, Lynette Dumalag and Commission
Chair Tousignant
Interview 6 applicants for 4 commission vacancies.
Applicant Ward Average Score
Slais, Diane 3 4.4
Kinney, Matt (seeking reappointment) 3 4.3
Schermann, Joseph 1 4.3
Morgan, Nicholas 3 3.9
Nevells, Tracy 1 3.9
Bossman, Robert 2 3.1
Special study session meeting of April 19, 2021 (Item No. 3) Page 5
Title: Boards and commissions appointment process update
Parks and Recreation Advisory Commission
No interviews are required as there are no current vacancies on the Parks and Recreation
Advisory Commission. Proposed panel if a vacancy occurs later this year: Jake Spano, Tim
Brausen, Margaret Rog.
Basset Creek Watershed District
The City of St. Louis Park is partially located in the Bassett Creek Watershed. The BCWMC was
established by a Joint Powers Agreement authorized under Minnesota State Statues to oversee
and coordinate the management of surface water between the nine member cities, which
include Crystal, Golden Valley, Medicine Lake, Minneapolis, Minnetonka, New Hope, Plymouth,
Robbinsdale and St. Louis Park. The BCWMC’s mission is to control flooding and to maintain and
enhance the quality of the surface and ground water resources in the watershed.
Each membe r city is entitled to appoint one Commissioner, one Alternate Commissioner, and
one member to the Technical Advisory Committee (TAC) of the BCWMC. Current commissioner
Jim de Lambert, and staff member Erick Francis (TAC) would like to continue being part of
Bassett Creek Watershed Management Commission. The Alternate Commissioner is currently
vacant. One of this year’s boards and commission s applicant, Angela Lawrence , indicated an
interest in serving on the watershed. Staff discussed the role of Alternate Commissioner with
the applicant and recommends their approval to the commission. The council will be asked to
approve the Basset Creek Watershed Management Commission appointments at their May 3,
2021 council meeting.