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2019/04/15 - ADMIN - Agenda Packets - City Council - RegularAGENDA APRIL 15, 2019 (Mayor Spano and Councilmember Miller out) 7:30 p.m. CITY COUNCIL MEETING – Council chambers 1.Call to order 1a. Pledge of allegiance 1b. Roll call 2. Presentations 2a. 5th Annual SLP Earth Day Community Meal and Town Visioning Proclamation 3.Approval of minutes 3a. Study session meeting minutes March 25, 2019 4.Approval of agenda and items on consent calendar NOTE: The Consent Calendar lists those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. The items for the Consent Calendar are listed on the last page of the Agenda. Recommended Action: Motion to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. (Alternatively: Motion to add or remove items from the agenda, or move items from Consent Calendar to regular agenda for discussion.) 5.Boards and Commissions -- None 6.Public hearings 6a. 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000) Recommended action: Mayor to open public hearing, take public testimony, and close the public hearing. Council is asked to take final action on this project at the May 6 meeting. 7.Requests, petitions, and communications from the public -- None 8.Resolutions, ordinances, motions and discussion items 8a. Best Cleaners conditional use permit and variance Recommended action: Motion to adopt Resolution approving a conditional use permit and side yard variance for a building addition at 8105 Minnetonka Boulevard. 8b. Ordinance regarding outdoor parking lighting standards Recommended action: Motion to approve first reading of an ordinance revising lighting standards for outdoor parking, and set the second reading of an ordinance for May 6, 2019. 8c. Ordinance regarding the Board of Zoning Appeals Recommended action: Motion to approve first reading of an ordinance assigning the individuals serving on the planning commission to the board of zoning appeals, and set the second reading of an ordinance for May 6, 2019. 9. Communications -- None Meeting of April 15, 2019 City council agenda Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the administration department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. Consent calendar 4a. Adopt Resolution to recognize Engineering Office Assistant Char Rohlik for more than 39 years of service. 4b. Designate K.A. Witt Construction Inc. as the lowest responsible bidder and authorize execution of a contract in the amount of $209,906 for the pickleball courts in Wolfe Park. 4c. Designate Northwest Asphalt Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $135,917 for the renovation of the Carpenter Park tennis courts. 4d. Approve amending the inclusionary housing policy to expand the eligibility criteria to developments seeking Planned Unit Development (PUD) land use approvals or developments requesting comp plan amendments, and include a one-for-one naturally occurring affordable housing (NOAH) unit replacement requirement. 4e. Approve second reading of the right-of-way Ordinance and approve the Ordinance Summary for publication. 4f. Approve the 2019 Neighborhood Grants. 4g. Adopt Resolution authorizing Boy Scout Troop 282’s request for placing temporary signs in the public right-of-way. 4h. Approve second reading and adopt Ordinance regulating mobility sharing operations and approve the summary ordinance for publication. 4i. Adopt Resolution accepting the project report, establishing the 2019 SCADA Replacement Project (5318-5006), approving plans and specifications, and authorizing advertisement for bids. 4j. Authorize execution of contract amendment #2 for professional services with Bolton & Menk, Inc. in the amount of $727,824. 4k. Authorize the execution of a contract with US Digital Designs, Inc. for a fire station alerting system. 4l. Adopt Resolution approving acceptance of a donation from NLC-REAL for travel expenses, and approve out-of-state travel for Mayor Jake Spano to attend the NLC-REAL Academy 2019 in Washington, DC. St. Louis Park Economic Development Authority and regular city council meetings are carried live on civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for video on demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of city hall and on the text display on civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. Meeting: City council Meeting date: April 15, 2019 Presentation: 2a Executive summary Title: 5th Annual SLP Earth Day Community Meal and Town Visioning Proclamation Recommended action: The mayor is asked to read and present the proclamation to Victoria Martinez, SLP SEEDS Junior Board member and Advocacy Intern, as well as Co-Manager of the SLP Bird Feeder, the food shelf and distribution of “Weekend Meal-Packs” for the high school students suffering food insecurity and Sharon Lehrman, Health in the Park Better Eating Champion, registered Dietician and Co-Chair of the SEEDS Cooking Matters Program. Policy consideration: Not applicable. Summary: SLP SEEDS, a nonprofit organization supporting wellness and resiliency in St. Louis Park, this year hosts the MN Pollution Control Agency at their 5th Annual SLP Earth Day Community Meal and Town Visioning on April 24, 2019, at the SLP High School Cafeteria, beginning at 5:30pm. All citizens in our community are invited to join the free meal. The MN Pollution Control Agency will give a short presentation on Climate Action for Scope 3 Emissions in regards to food consumption. The event will also host the 3rd T-Ween Cook-Off. Judges include Superintendent Astein Osei, School Board member Ken Morrison and Tami Borgen, Director of District Nutrition. The class is supported by a Healthy Living Grant from the city of St. Louis Park. Financial or budget considerations: Not applicable. Strategic priority consideration: St. Louis Park is committed to continue to lead in environmental stewardship. Supporting documents: Proclamation Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 2a) Page 2 Title: 5th Annual SLP Earth Day Community Meal and Town Visioning Proclamation Proclamation 5th Annual SLP Earth Day Community Dinner & Town Visioning Forum Whereas, SLP SEEDS, a nonprofit supporting equitable wellness and resiliency in the Park, is hosting the 5th Annual SLP Earth Day celebration on April 24, 2019 at SLP High School Cafeteria; including the 3rd Teen-Tween Cook-Off, and Whereas, the MN Pollution Control Agency will present information on climate action involving Scope 3 emissions reductions through food choices, and Whereas, community dinners and visioning forums provide a gathering for citizens of all ages and across cultures to come to the table to discuss goals, concerns, and recommendations, and Whereas, free cooking classes, community meals, and garden-to-table education offered through SLP SEEDS have been supported by, a Healthy Living Grant from the City of St. Louis Park, a grant from the St. Louis Park Community and Youth Development Foundation ($5,000), and a grant from the district’s Family Services Collaborative ($4,500), and Whereas, SLP SEEDS actively involves Roots N Shoots High School Environmental Club (and other youth) on their board and committees, as well as providing internships, apprenticeships, work experience, community service hours, and engaging youth in making a difference in their communities, preparing our next generation of environmentally and socially responsible leaders, and Now therefore, let it be known that the Mayor and City Council of the City of St. Louis Park do hereby proclaim April 24, 2019 to be the 5th Annual SLP Earth Day celebration and invite all citizens in our community to the free community dinner and town visioning forum. Wherefore, I set my hand and cause the Great Seal of the City of St. Louis Park to be affixed this 15th day of April, 2019. ________________________________ Anne Mavity, Mayor Pro Tem Meeting: City council Meeting date: April 15, 2019 Minutes: 3a Unofficial minutes City council study session St. Louis Park, Minnesota March 25, 2019 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller, and Margaret Rog. Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), Assistant Zoning Administrator (Mr. Morrison), Director of Community Development (Ms. Barton), City Assessor (Mr. Bultema), Appraiser (Mr. Jurick), Appraiser (Ms. Clark), Senior Planner (Mr. Walther), Housing Supervisor (Ms. Schnitker), Communications Manager (Ms. Smith), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas). Guest: None. 1. Future study session agenda planning – April, 2019 Mayor Spano will be out on April 15-16, as will Councilmember Miller so they will not be in attendance at the council meeting or the joint council and school board meetings. Councilmember Rog asked about the placemaking project on public art. Ms. Deno stated a written report is scheduled for council on April 8 during the study session, adding by May 6 a final decision will be needed. She noted the project is still on time with regard to federal funding. Councilmember Rog stated this will need more conversation by the council, especially as it relates to the Historic Walker District. Councilmember Hallfin stated the city is already exploring projects like this, along with the Friends of the Arts. Councilmember Rog stated more community engagement is needed on this project. Mayor Spano stated the council should discuss this further, if staff has the report ready on April 8. Councilmember Mavity added she would like the report to provide the cost of placemaking in other areas and what the costs are. Mayor Spano added because this was removed from the SWLRT, possibly the city can add placemaking back into SWLRT. 2. Outdoor parking lighting ordinance Mr. Morrison presented the report. He stated an ordinance was presented to council on January 7, 2019 establishing standards for electric vehicle supply equipment and revised City council meeting of April 15, 2019 (Item No. 3a) Page 2 Title: Study session minutes of March 25, 2019 lighting requirements for parking lots. The council approved the electric vehicle standards, but tabled the parking lot lighting revisions. Mr. Morrison reviewed the Illuminating Engineering Society (IES) recommendations, noting this is an accredited organization that is recognized as a technical and educational authority on illumination. He added the purpose of the proposed changes are to provide safe, secure and effective lighting for users of parking lots in the city, and reconcile conflicting provisions in the current ordinance. The changes allow for more lighting during business hours in order to address the needs of all users, require lighting to be reduced after business hours, and continue to protect neighboring properties from nuisances that can be caused by outdoor lighting. Councilmember Harris asked about impacts of the conflicts in the city code. Mr. Morrison stated there are inconsistencies between the lighting requirements listed in the parking section of the code, and the standards required in the lighting section of the code. Councilmember Harris asked if the change in city code is coming from general housekeeping issues or from business owner’s requests. Mr. Morrison stated there is some housekeeping, but mostly the intent is to reconcile the differences. Councilmember Mavity asked about the space that light can spill onto a boundary line at ½ foot-candle, and if that is a proposed change for residential only. Mr. Morrison stated that the code currently allows up to ½ footcandle at the property line adjacent to residential, and that is not proposed to change. Councilmember Mavity asked if the limits at the property line affects residential single or multi family. Mr. Morrison stated the limitation affects both. Councilmember Mavity asked if this would be enforced. Mr. Morrison stated yes, adding that the city conducts inspections, especially when complaints are received. He added if the property owner is in violation, they are required to make a correction to the lighting. Councilmember Mavity noted light pollution is an issue, related to how wide upward lighting spreads. Mr. Morrison stated that current code requires parking lot lighting to be downward cast lights. Councilmember Rog asked about the lighting at Westside Volkswagen, and if it will be allowed to continue as is after adoption of the amended ordinance. Mr. Morrison stated Westside Volkswagen intends to replace their existing lighting with LED’s, adding that the light levels on the site will be reduced as a result. Councilmember Hallfin noted that the city needs to hold itself to these standards. Mayor Spano stated he agrees with the policy, and appreciated examples of parking lot lighting levels provided by staff. He noted his experience living behind Methodist Hospital, and the issue with lighting at their parking ramp, adding the lights there were shielded to reduce glare. He stated also that plantings can help shield lighting and this should be considered when dealing City council meeting of April 15, 2019 (Item No. 3a) Page 3 Title: Study session minutes of March 25, 2019 with lighting issues. He asked that city staff go back to locations and view the lighting after new installations take place, in order to review and be certain it is correct. It was the consensus of the council to direct staff to bring the proposed ordinance changes as presented to the council for formal consideration. Mr. Morrison stated the first reading of the ordinance will take place at the April 15th council meeting. 3. Affordable housing strategies and tenant protection tools Ms. Schnitker noted four proposed initiatives, and reviewed amending the inclusionary housing policy to expand the eligibility criteria and include a one-for-one NOAH unit replacement requirement. She added the policy only applies to developments seeking a PUD and land use approvals and/or a comprehensive plan amendment. Councilmember Rog noted that some communities, including Bloomington, are now requiring affordable housing in all new developments. Ms. Schnitker stated while staff does not know the details of Bloomington’s ordinance, they could be a greater risk of litigation related to applying the requirements to all developments regardless of the circumstances. Ms. Barton stated St. Louis Park has been concerned about inclusionary zoning and stayed away from blanket requirements. Councilmember Harris asked about the empty parking lot by Erik’s bike shop and if there could be a lower density building there. Mr. Walther stated this area is being studied. Councilmember Miller stated he has concerns about losing affordability with the one for one replacement amendment. Councilmember Mavity noted the city’s goal has been to expand the number of triggers to the policy, and to apply the inclusionary housing policy as wide and broad as possible. She added the Bloomington model is interesting, and worth considering. Councilmember Mavity asked what happens if there is major rehabilitation to a home, is there a trigger amount to help define this. Ms. Schnitker stated no, the policy does not apply to developments undergoing rehab unless they are adding 10 or more dwelling units as part of the rehabilitation project. Councilmember Mavity stated the concern then is the city losing units to folks who come in and fix up existing units. Councilmember Rog stated she has concerns about the eviction notices amendment, adding that most folks don’t show up for court dates, and also have no legal assistance. She hopes the city can help with this process and provide emergency rental assistance, noting the county assistance programs take 30 days. She added STEP could be a partner to help provide emergency assistance quicker, which could make a big difference for folks. City council meeting of April 15, 2019 (Item No. 3a) Page 4 Title: Study session minutes of March 25, 2019 Ms. Schnitker stated the city provided $60,000 to STEP for funding their emergency assistance program, which assists persons facing eviction. She added this pays rental assistance for one month only, allowing them to stay in their home. Councilmember Mavity stated Minneapolis created a program that is a public private partnership along with 12 law firms that work pro bono to support tenants in need. She stated representation for tenant’s matters dramatically, and helps folks stay in their homes. She stated she would like to explore something similar for St. Louis Park. Mayor Spano stated the city may be able to participate in the Minneapolis program, and provide financial support to the program - in order to be included. Councilmember Harris asked how many evictions occur in St. Louis Park annually. Ms. Schnitker stated that there is information by zip code, but that the reporting of eviction information is at the annual rental license renewal process. Councilmember Hallfin added as a building owner, he finds the eviction notice a burden on landlords, especially those with larger properties, adding he does not agree with this amendment. Ms. Barton noted there have been many studies on evictions, and many people don’t understand if you don’t pay rent, you must leave. This 14-day eviction notice gives folks time to be notified and do something about the situation. Councilmember Brausen stated he wants to do everything possible to preserve or create affordable housing in St. Louis Park adding, however, as an attorney, he works on a daily basis on evictions. He stated in Hennepin County there is volunteer legal assistance available, but the process takes time. Councilmember Brausen also noted, at some point, the landlord is entitled to get paid. He added he sees a vast number of tenants agree to move out and negotiate for clearing their records. He pointed out, however, if a person has no record, how does a landlord know they won’t pay rent. He stated he wants folks to have affordable housing, but he is hesitant to support this. Councilmember Miller stated he supports all four amendments. He added he is not certain if folks being evicted know about resources available to them. Councilmember Brausen pointed out that when residents receive a notice, all the resources are listed out, and in multiple languages. Councilmember Mavity stated the council might want to consider a study session including more about what other cities are doing and what policies are in place. She added possibly a representative from MN Legal Aid could speak to the council about challenges in the existing system, and problems that tenants have. She added again that representation is an important City council meeting of April 15, 2019 (Item No. 3a) Page 5 Title: Study session minutes of March 25, 2019 piece of this process, and she wants to see if there are ways to do this more holistically and provide other supports to tenants. Councilmember Harris asked what are ways used to resolve issues with eviction for tenants in the city’s public housing. Ms. Schnitker stated in public housing, rents are affordable and based on a person’s income. Some folks are chronic late payers, use funds for other things, while not making rent a priority. However, she added, the city wants to work with residents so they are not evicted, and here is where STEP or the county may come in, however, residents have to pay their rent to stay. Councilmember Rog stated she supports all four amendments and appreciates the fluidity and re-looking at this, adding she is interested in trying this out now, and also looking at legal representation later. Councilmember Harris stated she also supports all four amendments. Mayor Spano and Councilmembers Hallfin and Brausen are in favor of all of the amendments except #3, adding they need a better understanding. It was the consensus of the council to have staff move forward with the proposed initiatives/amendments 1, 2, and 4, to send back initiative/amendment 3 for further review, and to allow the council to further discuss it in depth at a future study session. 4. Crime/drug free rental ordinance workgroup applications Ms. Schnitker presented an outline of a proposed process for convening the crime/drug free rental ordinance workgroup at the January 14, 2019 study session, and a revised process at the January 28, 2019 meeting that incorporated comments and suggestions from the council. Staff then advertised and solicited applications for workgroup members and received 25 applications, consisting of renters, rental property owners, neighbors, community members and advocates. The council decided to recommend 13 members for appointment to the workgroup. Councilmember Mavity asked that the workgroup and staff not treat this subject as business as usual, and proposed asking a consultant to assist the workgroup in developing a better engagement process on this. Mayor Spano asked that before going to an outside consultant, what Ms. Sojourner’s role would be in this process first, with issues around race to explore. Councilmember Rog added council will also need to see data first, to know the scope and scale of this process, noting the workgroup might find out this is a different problem than what was first discovered. Ms. Schnitker stated the work group will have access to all information, and staff will do additional work on community engagement and developing a better process. City council meeting of April 15, 2019 (Item No. 3a) Page 6 Title: Study session minutes of March 25, 2019 Ms. Deno added that Ms. Sojourner and her staff will be engaged in this process as well. 5. 2019 market value overview Mr. Bultema presented the overview related to assessed market valuation and classification for each property in the city. This review gives council additional information on how the community’s real estate is reacting to the significant evolution of the housing stock, market performance trends for commercial-industrial space, thoughts on current market cycle, and the foundation looking forward. Mr. Bultema outlined the appeal process and board duties that will take place at the St. Louis Park Local Board of Appeal and Equalization meeting on Monday, April 8, with a follow-up meeting on April 22. Mr. Bultema added the city started mailing 17,000+ valuation notices on March 6, which includes 2018 and 2019 information for classification, market value, improvement value, exclusions, referendum value and taxable value, and the appeal process. He stated total valuation for the city was at $7.73 billion as of January 2, 2019, adding that the median single- family home price in St. Louis Park is $298,000. Mr. Bultema invited the council to contact him if they have questions. Communications/meeting check-in (verbal) Ms. Deno noted potholes in the city are being repaired, and if anyone sees a pothole for repair, to please contact the city offices, or notify the city on the My St. Louis Park app. Councilmember Rog asked about the Historic Walker District loan program and if money was received from Hennepin County for the façade. Ms. Deno stated she will check on this and report back. Mayor Spano noted during last week’s discussion with the council on media, the group was not able to come to consensus on this issue. He noted the topic should be removed from the list. Councilmember Rog pointed out that respect is the norm when talking to media, and each council member speaks from their own experience. Ms. Deno stated it would be helpful to revisit this and the building relationships portion at the council’s workshop next January 2020. Councilmember Miller asked about council support on issues the majority want to move forward on. Mayor Spano stated the general rule has been a council member can be 100% against a project until it passes in the council, then they must be 100% in favor of it, so it will be a successful project for the city. City council meeting of April 15, 2019 (Item No. 3a) Page 7 Title: Study session minutes of March 25, 2019 Councilmember Mavity stated we are the city council, and while we are individuals, we do represent the city as a whole and the policies of the city. Councilmember Rog, however, noted the councilmembers represent the residents of the community also. Councilmember Mavity agreed, but added that is up until the vote. Then when it becomes city policy, the councilmembers represent that city policy, stating this is the shift place. Councilmember Rog stated policies influence the future. Councilmember Hallfin added that policies can be changed in the future, also they can be revisited and changed at a later date. The meeting adjourned at 9:40 p.m. Written reports provided and documented for recording purposes only: 6. Proposed Historic Walker Lake Business District Loan Program 7. SWLRT update 8. February 2019 monthly financial report 9. Update to private activity revenue bond policy 10. Mobility sharing pilot recommendations ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4a Executive summary Title: Retirement recognition for Engineering Office Assistant Char Rohlik Recommended action: Motion to Adopt Resolution to recognize Engineering Office Assistant Char Rohlik for more than 39 years of service. Policy consideration: None at this time Summary: City policy states that employees who retire or resign in good standing with over 20 years of service will be presented with a resolution from the mayor, city manager and city council. Char has chosen not to be honored with a presentation and will not be attending the council meeting. This consent item will officially adopt the resolution that honors Char for her years of service. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Resolution Prepared by: Ali Timpone, HR Manager Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4a) Page 2 Title: Retirement recognition for Engineering Office Assistant Char Rohlik Resolution no. 19-___ Resolution of the City Council of the City of St. Louis Park, Minnesota recognizing the contributions and expressing appreciation to Engineering Office Assistant Char Rohlik Whereas, Char Rohlik began her employment with the City of St. Louis Park over 39 years ago starting in February of 1971 as a keypunch operator in accounting until August 1974, returning in January 1983 as a clerk typist, ending her tenure as the Engineering Office Assistant; and Whereas, Char has provided administrative assistance and support services in a professional and responsive manner to the engineering department staff and many other city staff, collaborating with others to ensure that the city’s business needs are met; and Whereas, Char has provided exceptional and responsive customer services to both internal and external customers, issuing permits, answering questions, and just listening; her willingness to help others and genuine love of her job will be greatly missed; and Whereas, Char has coordinated the preparation of thousands of agendas, resolutions, ordinances, public hearing notices and other materials for the city council (with the exception of this one); and Whereas, Char has assisted the engineering department with millions and millions of dollars in contracts, coordinating the document preparation, distribution of bid packages, intake of bids, and tracking for hundreds of public bidding processes, in addition to maintaining accurate files, record systems, and payment information for the department; and Whereas, in 2009, Char was nominated by her peers to receive the Spirit of St. Louis Park Award, a well-deserved honor recognizing exemplary city employees; and Whereas, Char plans to enjoy her retirement with family and friends, working Twins games, bringing the engineering staff vegetables from her garden, travelling to Alaska and beyond, supporting veterans through greeting troops at the Armed Forces Service Center and participating in the annual Honor Flight; Now therefore be it resolved that the City Council of the City of St. Louis Park, Minnesota, by this resolution and public record, would like to thank Char Rohlik for her great contributions and more than 39 years of dedicated service to the City of St. Louis Park and wish her the best in her retirement. Reviewed for Administration: Adopted by the City Council April 15, 2019 City Manager Mayor Attest: City Clerk Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4b Executive summary Title: Bid tabulation: award bid for addition of pickleball courts in Wolfe Park Recommended action: Motion to designate K.A. Witt Construction Inc. as the lowest responsible bidder and authorize execution of a contract in the amount of $209,906 for the pickleball courts in Wolfe Park. Policy consideration: Does the city council wish to proceed with this projects by authorizing staff to enter into a contract with K.A. Witt Construction Inc.? Summary: A total of seven bids were received for the Wolfe Park pickleball court project; summary is as follows: Contractor Bid amount K.A. Witt Construction Inc. $209,906.00 GL Contracting, Inc. $231,337.55 Peterson Companies $237,217.28 G Urban Companies $244,582.00 ODESA II $255,740.50 Meyer Contracting, Inc. $297,503.46 Barber Construction, Inc. $313,777.80 A review of the bids indicates K.A. Witt Construction Inc. submitted the lowest responsible bid for the addition of pickleball courts in Wolfe Park. References have been checked and K.A. Witt Construction Inc. has completed this type of project successfully in other cities. Financial or budget considerations: This project is included in the city’s Capital Improvement Plan (CIP) for 2019 for $175,000. The low bid was $209,906. Additional expenses for consultants and soil disposal put the project costs at $238,406. The increase in bids is due to two main factors: asphalt and steel costs. Similar to what the city has experienced with higher bids on street projects, the price of asphalt has risen dramatically due to all the construction projects in the area. Steel is needed for the fencing around the courts. Steel costs are also coming in higher for other cities. Staff recommends proceeding with this very project. We do not think rebidding this would result in lower prices. We have rearranged some CIP projects and have saved money on other projects so that we have money to cover the increased cost for this project in the Park Improvement Fund. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Rick Beane, Parks Superintendent Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4c Executive summary Title: Bid tabulation: award bid for renovation of the Carpenter Park tennis courts Recommended action: Motion to designate Northwest Asphalt Inc. as the lowest responsible bidder and authorize execution of a contract with the firm in the amount of $135,917 for the renovation of the Carpenter Park tennis courts. Policy consideration: Does the city council wish to proceed with the project by authorizing staff to enter into a contract with Northwest Asphalt, Inc.? Summary: A total of six bids were received for the reconstruction of three tennis courts at Carpenter Park. A summary is as follows: Contractor Bid amount Northwest Asphalt, Inc. $135,917.00 Peterson Companies $154,082.64 ODESA II $154,423.00 Barber Construction, Inc. $173,335.00 Urban Companies $183,778.00 Mayer Contracting, Inc. $192,161.18 A review of the bids indicates Northwest Asphalt Inc. submitted the lowest responsible bid for the renovation of Carpenter Park tennis courts. References have been checked and Northwest Asphalt Inc. has completed this type of project successfully in other cities. Financial or budget considerations: This project is included in the city’s Capital Improvement Plan (CIP) for 2019 in the amount of $145,000. Although the low bid of $135,917 is $9,083 below the budgeted amount, the city will incur soil removal and over sight costs due to the condition of the soil. We have estimated these consultant costs to be $20,000. With the addition of consultant and soil removal costs, the project anticipated to come in at $10,917 over budget. The higher prices are attributed to the increase cost of asphalt (needed for the court base) and steel (needed for fencing). Many cities are seeing costs increasing this construction season due to the abundance of construction going on throughout the state. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: None Prepared by: Rick Beane, Parks Superintendent Reviewed by: Cynthia S. Walsh, Director of Operations and Recreation Approved by: Tom Harmening, City Manager Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4d Executive summary Title: Approval of inclusionary housing policy as amended Recommended action: Motion to approve amending the inclusionary housing policy to expand the eligibility criteria to developments seeking Planned Unit Development (PUD) land use approvals or developments requesting comp plan amendments, and include a one-for-one naturally occurring affordable housing (NOAH) unit replacement requirement. Policy consideration: Does the council approve amending the inclusionary housing policy to expand the eligibility criteria and include a one-for-one NOAH unit replacement requirement? Summary: The inclusionary housing policy was initially approved in June, 2015 and amended in May 2017 and August of 2018. The current policy requires new market-rate multi-family residential rental properties with ten or more units that are receiving financial assistance from the city, to include affordable units in the development per the policy. At the March 25, 2019 study session, staff presented the following two amendments to the policy in an effort to expand the eligibility of developments obligated to comply with the inclusionary housing policy requirements and ensure that any NOAH units lost due to multi-family residential development are replaced: •expand the eligibility criteria to include developments seeking PUD land use approvals or developments requesting a comprehensive plan amendment, even if they are not receiving financial assistance from the city; and •developments that are required to comply with the inclusionary housing policy must include: 1) a minimum number of affordable units in the development equal to the requirements established in the inclusionary policy; or 2) the number of units required to replace existing NOAH dwelling units demolished or converted to a use other than lower- income dwelling units in connection with construction of the development, whichever is greater. At the March 25 study session, council directed staff to revise the inclusionary policy to include the proposed amendments and present the amended policy to council for approval. The amended policy will be effective immediately upon council approval. Financial or budget considerations: City staff time to implement, manage and monitor compliance of the inclusionary housing policy as the number of developments subject to the policy continues to increase. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Amended inclusionary housing policy Prepared by: Michele Schnitker, Housing Supervisor/Deputy CD Director Reviewed by: Karen Barton, Community Development Director Approved by: Nancy Deno, Deputy City Manager/HR Director Inclusionary Housing Policy This policy promotes high quality housing located in the community for households with a variety of income levels, ages and sizes in order to meet the city's goal of preserving and promoting economically diverse housing options in our community. The city recognizes the need to provide affordable housing to households of a broad range of income levels in order to maintain a diverse population and to provide housing for those who live or work in the city. Without intervention, the trend toward rising housing prices in new developments will continue to increase. As a result, this policy is being adopted to ensure that a reasonable proportion of each new development receiving city financial assistance include units affordable to low and moderate income households and working families or in the case of for- sale units, make a payment in lieu of including affordable units. The requirements set forth in this policy furthers the city’s housing goals and the city’s Comprehensive Plan to create and preserve affordable housing opportunities. These requirements are intended to provide a structure for participation by both the public and private sectors in the production of affordable housing. I. Applicability and minimum project size Market rate multi-unit development receiving city financial assistance This policy applies to market rate multi-unit residential developments that receive financial assistance from the city, seek PUD land use approvals or request a comprehensive plan amendment, and includes: a) new developments that create at least 10 multi-family dwelling units; or b) any mixed use building that creates at least 10 multi-family dwelling units; or c) renovation or reconstruction of an existing building that contains multi-family dwelling units that includes at least 10 dwelling units; or d) any change in use of all or part of an existing building from a non- residential use to a residential use that includes at least 10 dwelling units. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 2 Amended April 15, 2019 II. Affordable dwelling units General requirement A development that is subject to this policy shall provide a minimum number of affordable dwelling units equal to at least five percent (5%) to twenty percent (20%) of the total number of dwelling units in the development or the number of naturally occurring affordable housing dwelling units that are being demolished or converted to a use other than lower-income dwelling units in connection with construction of the development, whichever is greater, or, for for-sale developments, make a payment in lieu. The units designated as affordable and the payment in lieu will be subject to the requirements listed below. Calculation of units and payment in lieu required. For development of multi-family dwelling units: a)The required number of affordable dwelling units or corresponding payment in lieu is based on the total number of dwelling units that are approved by the city or the number of naturally occurring affordable housing dwelling units that are being demolished or converted to a use other than lower-income dwelling units in connection with construction of the development. b)To calculate the number of affordable dwelling units or payment in lieu required in a development the total number of approved dwelling units shall be multiplied by five percent (5%), ten percent (10%), fifteen percent (15%) or twenty (20%) depending on the affordability standard. If the final calculation includes a fraction, the fraction of a unit shall be rounded to the nearest whole number. c)If an occupied rental property with existing dwelling units is remodeled and/or expanded, the number of affordable dwelling units shall be based on the total number of units following completion of renovation/expansion. At least five percent (5%), ten percent (10%) or twenty percent (20%) shall be affordable, depending on the affordability standard. d)If the number of naturally occurring affordable housing dwelling units that are being demolished or converted to a use other than lower-income dwelling units in connection with construction of the development is greater than twenty percent of the total number of units in the newly constructed development, the number of affordable units required in the new development will be equal to the number of NOAH units demolished or converted. e)For-sale home ownership developments will be required to pay a payment in lieu instead of including affordable units in the development. The payment in lieu will be an amount equal to the difference between the average market rate sale price of a for-sale unit and the for-sale home amount affordable to a household with an income at or below eighty percent (80%) AMI. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 3 Amended April 15, 2019 III.Affordability level The required affordable dwelling units within a residential project subject to this policy shall meet an income eligibility and rent affordability standard for the term of the restriction as follows: a)Rental Projects: a.At least twenty percent (20%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or b.At least ten percent (10%) of the units shall be at affordable for households at fifty percent (50%) AMI, or c.At least five percent (5%) of the units shall be affordable for households at thirty percent (30%) AMI. b)Demolished or converted naturally occurring affordable units: A minimum number of affordable dwelling units equal to at least five percent (5%) to twenty percent (20%) of the total number of dwelling units in the development or the number of naturally occurring affordable housing dwelling units that are being demolished or converted to a use other than lower-income dwelling units in connection with construction of the development, whichever is greater. The new units must be comparable in bedroom size to the units demolished or converted and be affordable to households at 60% AMI. c)For-sale projects: For-sale home ownership developments will pay a payment in lieu. The payment in lieu will be an amount equal to the difference between the average market rate sale price of a for-sale unit and the for sale home amount affordable to a household with an income at or below eighty percent (80%) AMI. The payment will be multiplied by a number equal to fifteen percent (15%) of the total number of for-sale units in the development. d)Rent and sale price level Rental unit: The monthly rental cost for an affordable dwelling unit shall include rent and utility costs and shall be based on thirty percent (30%), fifty percent (50%) or sixty percent (60%) AMI for the metropolitan area that includes St. Louis Park adjusted for bedroom size and calculated annually by the Department of Housing and Urban Development and posted by Minnesota Housing for establishing rent limits for the Housing Tax Credit Program. For-sale projects: The qualifying affordable sale price for an owner-occupied affordable dwelling unit shall be based on a homeownership unit affordable to a household with income at or below eighty percent (80%) AMI for the metropolitan area that includes St. Louis Park calculated annually by the Department of Housing and Urban Development and posted by the Metropolitan Council. e)Period of affordability In rental developments subject to this policy, the period of affordability for the affordable dwelling units shall be at least twenty-five (25) years. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 4 Amended April 15, 2019 IV.Location of affordable rental dwelling units Except as otherwise specifically authorized by this policy, the affordable dwelling units shall be located within the development. V.Standards for inclusionary rental units Size and design of affordable units The size and design of the affordable dwelling units should be consistent and comparable with the market rate units in the rest of the project and is subject to the approval of the city. The interior of affordable dwelling units do not need to be identical to the market rate units but if units are smaller than the other units with the same number of bedrooms in the development, city approval must be obtained. If naturally occurring affordable housing dwelling units are being demolished or converted to a use other than lower-income dwelling units in connection with construction of the development, an equal number of affordable units should be included in the new development that are comparable in size to the units demolished or converted. Exterior/interior appearance. The exterior materials and design of the affordable dwelling units in any development subject to these regulations shall be indistinguishable in style and quality with the market rate units in the development. The interior finish and quality of construction of the affordable dwelling units shall at a minimum be comparable to entry level rental housing in the City. Construction of the affordable dwelling units shall be concurrent with construction of market rate dwelling units. VI.Integration of affordable dwelling units Distribution of affordable rental housing units. The affordable dwelling units shall be incorporated into the overall project unless expressly allowed to be located in a separate building or a different location approved by the city council. Affordable dwelling units shall be distributed throughout the building. Number of bedrooms in the affordable units. The affordable dwelling units shall have a number of bedrooms in the approximate proportion as the market rate units. The mix of unit types, both bedroom and accessible units, of the affordable dwelling units shall be approved by the city. Tenants Rental affordable dwelling units shall be rented only to income eligible families during the period of affordability. An income eligible family may remain in the affordable dwelling unit for additional rental periods as long as the income of the family does not exceed one-hundred forty percent (140%) of the applicable AMI. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 5 Amended April 15, 2019 VII.Alternatives to on-site development of affordable dwelling units This section provides alternatives to the construction of affordable dwelling unit’s onsite as a way to comply with this Policy. The alternatives are listed in subsection (c), below. a)The alternatives must be: 1.Approved by the city council, and 2.Agreed to by the applicant in an Affordable Housing Performance Agreement. 3.Applicant must show evidence acceptable to the city that a formal commitment to the proposed alternative is in place. b)This Section does not apply unless the applicant demonstrates: 1.The alternative provides an equivalent or greater amount of affordable dwelling units in a way that the city determines better achieves the goals, objectives and policies of the city’s housing goals and Comprehensive Plan than providing them onsite; and 2.Will not cause the city to incur any net cost as a result of the alternative compliance mechanism. c)If the conditions in (b) are met, the city may approve one or more of the following options to providing affordable dwelling units that are required by this policy. 1.Dedication of existing units: Restricting existing dwelling units which are approved by the city as suitable affordable housing dwelling units through covenants or contractual arrangements. The city shall determine whether the form and content of the restrictions comply with this policy. Off-site units shall be located within the City of St. Louis Park. The restriction of such existing units must result in the creation of units that are of equivalent quality, and size of the permanently affordable dwelling units which would have been constructed on-site if this alternative had not been utilized. 2.Offsite construction of affordable dwelling units within the city. Offsite construction of units should be located in proximity to public transit service at a site approved by the city. 3.Participation in the construction of affordable dwelling units by another developer on a different site within the city. 4.An alternative proposed by the applicant that directly provides or enables the provision of affordable housing units within the city. The alternative must be approved by the city and made a condition of approval of the Affordable Housing Performance Agreement. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 6 Amended April 15, 2019 VIII.Non-discrimination based on rent subsidies: Developments covered by the policy must not discriminate against tenants who would pay their rent with federal, state or local public assistance, including tenant based federal, state or local subsidies, including, but not limited to rental assistance, rent supplements, and Housing Choice Vouchers. IX.Affordable housing plan a) Applicability Developments that are subject to this policy shall include an Affordable Housing Plan as described below. An Affordable Housing Plan describes how the developer complies with each of the applicable requirements of this Policy. b)Approval 1.The Affordable Housing Plan shall be approved by the city. 2.Minor modifications to the plan are subject to approval by the city Manager. Major modifications are subject to approval by the city council. Items that are considered major and minor will be designated in the Affordable Housing Plan. c)Contents The Affordable Housing Plan shall include at least the following: 1.General information about the nature and scope of the development subject to these regulations. 2.For requests of an alternative to on-site provision of affordable housing, evidence that the proposed alternative will further affordable housing opportunities in the city to an equivalent or greater extent than compliance with the otherwise applicable on-site requirements of this policy. 3.The total number of market rate units and for rental developments, the number of affordable dwelling units in the rental development. 4.The floor plans for the affordable dwelling units showing the number of bedrooms and bathrooms in each unit. 5.The approximate square footage of each affordable dwelling unit and average square foot of market rate unit by types. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 7 Amended April 15, 2019 6.Building floor plans and site plans showing the location of each affordable dwelling unit. 7.The pricing of each ownership dwelling unit shall be determined at time of issuance of the occupancy permit. At time of sale this price may be adjusted if there has been a change in the median income or a change in the formulas used in this ordinance. 8.The order of completion of market rate and affordable dwelling units. 9.Documentation and specifications regarding the exterior appearance, materials and finishes of the development for each of the affordable dwelling units illustrating that the appearance of affordable units are comparable to the appearance of the market-rate units. 10.An Affordable Dwelling Unit Management Plan documenting policies and procedures for administering the affordable dwelling units in accordance with the Affordable Housing Performance Agreement. 11.Any and all other information that the city manager may require that is needed to achieve the council’s affordable housing goals. X.Recorded agreements, conditions and restrictions a) An Affordable Housing Performance Agreement shall be executed between the city and a developer, in a form approved by the city attorney, based on the Affordable Housing Plan described in Section VII, which formally sets forth development approval and requirements to achieve affordable housing in accordance with this policy and location criteria. The Agreement shall identify: 1.the location, number, type, and size of affordable housing units to be constructed; 2.sales and/or rental terms; occupancy requirements; 3.a timetable for completion of the units; and 4.restrictions to be placed on the units to ensure their affordability and any terms contained in the approval resolution by the city as applicable. b)The applicant or owner shall execute any and all documents deemed necessary by the city manager, including, without limitation, restrictive covenants and other related instruments, to ensure the affordability of the affordable housing units in accordance with this policy. c)The applicant or owner must prepare and record all documents, restrictions, easements, covenants, and/or agreements that are specified by the city as conditions of approval of the application prior to issuance of a zoning compliance permit for any development subject to this policy. d)Documents described above shall be recorded in the Hennepin County Registry of Deeds as appropriate. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 8 Amended April 15, 2019 XI.Definitions a)Affordable Dwelling Unit: The required affordable dwelling units within a residential project subject to this policy shall meet an income eligibility and rent affordability standard for the term of the restriction as follows: 1)Rental Projects: a.At least twenty percent (20%) of the units shall be affordable for households at sixty percent (60%) Area Median Income (AMI), or b.At least ten percent (10%) of the units shall be at affordable for households at fifty percent (50%) Area Median Income. c.At least five percent (5%) of the units shall be affordable for households at thirty percent (30%) Area Medium Income. 2)For-Sale Projects: The qualifying affordable sale price for an owner-occupied affordable dwelling unit shall be based on a household income of eighty percent (80%) AMI for the metropolitan area that includes St. Louis Park calculated annually by the Department of Housing and Urban Development. b)Financial Assistance: The Inclusionary Affordable Housing Policy applies to all new and renovated multifamily residential buildings receiving city financial assistance. Financial Assistance is defined as funds derived from the city and includes but is not limited to the following: 1)City of St. Louis Park Funds 2)Community Development Block Grant (CDBG) 3)Housing Rehabilitation Funds 4)Revenue Bonds (private activity bonds are negotiable) 5)Tax Increment Financing (TIF) & Tax Abatement 6)Housing Authority (HA) Funds 7)Land Write-downs c)Affordable Housing Plan: A plan that documents policies and procedures for administering the affordable dwelling units in accordance with the Affordable Housing Performance Agreement. d)Affordable Housing Performance Agreement: Agreement between the city and the developer which formally sets forth development approval and requirements to achieve Affordable Housing in accordance with this policy. City council meeting of April 15, 2019 (Item No. 4d) Title: Approval of inclusionary housing policy as amended Page 9 Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4e Executive summary Title: Second reading of right-of-way ordinance Recommended action: Motion to approve second reading of the right-of-way Ordinance and approve the Ordinance Summary for publication. Policy consideration: Does city council wish to establish regulations for small wireless facilities located within the public right of way? Summary: Our current right-of-way ordinance, Section 24-251 was updated in September of 2017 in response to the Minnesota Telecommunications Right-of-Way User law of 2017. In September of 2018, Federal Communications Commission (FCC) passed a preemptive order restricting a municipality’s ability to apply standard land use controls on small wireless facilities. With this order, the FCC did allow municipalities to post aesthetic requirements to small cell installations setting an April 15, 2019 deadline for municipalities to post these requirements. The attached ordinance includes regulations for small wireless facilities intended to protect the health, safety, and wellbeing of the city and create design and location requirements for the facilities. The update includes standards for communication towers and antennas that are located in public right-of-way and establishes safety and design criteria that are consistent with the current technology and current State and Federal regulations. This ordinance update is in conjunction with Community Development department’s action of amending Sections 36-142 and 36-367 of the zoning ordinance pertaining to small wireless facilities on private property which were approved on March 18, 2019. Financial or budget considerations: No considerations Strategic priority consideration: Not applicable. Supporting documents: Ordinance Summary ordinance Prepared by: Phillip Elkin, Sr. Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4e) Page 2 Title: Second reading of right-of-way ordinance Ordinance No. ____-19 An ordinance repealing St. Louis Park City Code Sections 24.251-24.284 and replacing them with sections 24.251-24.284 regulating city rights-of-way and amending appendix a, fee schedule to add permit, rent, maintenance, and electric fees for small wireless facilities The City of St. Louis Park does ordain: Section 1. St. Louis Park City Code Chapter 24, Article VII, Division II is repealed in its entirety and replaced by adding the following: Sec. 24.251 Findings, purpose, and intent. To provide for the health, safety, and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Accordingly, the city hereby enacts this chapter of this Code relating to rights-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights-of-way will bear financial responsibility for their work. This chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. This chapter shall be interpreted consistently with 1997 Minnesota Session Laws, Chapter 123; and 2017 Minnesota Session Laws, Chapter 94, substantially codified in Minnesota Statutes 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050—7819.9950 and Minnesota Rule Chapter 7560 where possible. To the extent any provisions of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. The City desires high quality wireless services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that small wireless facilities can create. These negative impacts include, but are not limited to, interference with right-of-way user sight lines, impacts to right-of-way user circulation, incompatible aesthetics with the surrounding area, fall zone risk, clear zone risk, creating navigation obstacles, interference with future travel way expansion plans, interference with the City council meeting of April 15, 2019 (Item No. 4e) Page 3 Title: Second reading of right-of-way ordinance delivery of other utility services, interference with storm water management facilities, and increased noise pollution. To minimize these negative impacts, any person desiring to place a new wireless support structure in the right-of-way or collocate small wireless facilities on existing privately- owned wireless support structures in the right-of-way shall first obtain a small wireless facility permit from the City. Any person desiring to collocate small wireless facilities on existing wireless support structures owned or controlled by the City shall first enter into a standard small wireless facility collocation agreement. The purpose of these requirements is to comply with Minnesota Statutes Sections 237.162 and 237.163 while at the same time protecting the public health, safety, and welfare. The City will consider impacts to the public health, safety and welfare when reviewing a small wireless permit application and a request to enter into a small wireless facility collocation agreement. The public health, safety and welfare can be best accommodated by locating small wireless facilities in the following order, which affords the greatest protection of the public: (1) Locate outside of the right-of-way. (2) Locate in the right-of-way on or adjacent to Principal Arterial, Other Arterial, Major Collector, or Minor Collector roads, as classified by the Metropolitan Council Functional Classification System. (3) Collocate on existing wireless support structures within the right-of-way. (4) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure of the same height. (5) Locate on a new wireless support structure within the right-of-way that replaces an existing wireless support structure whose height is less than or equal to 50 feet. (6) Locate on a new wireless support structure within the right-of-way whose height is similar to nearby structures. (7) Locate on a new wireless support structure within the right-of-way whose height is less than or equal to 50 feet. The City will also consider factors such as aesthetic compatibility of the small wireless facility with surrounding structures, ability to eliminate, underground, or screen ground- mounted equipment, dangers within the small wireless facility fall zone, distance of the small wireless facility from roads, sidewalks, trails and bicycle lanes, and future roadway, pedestrian, bicycle, water, wastewater, and storm water improvement plans for the site before issuing small wireless facility permit or entering into a standard small wireless facility collocation agreement. Sec. 24.252. Election to manage the public rights-of-way Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant to Minnesota Statutes Section 237.163 subd. 2(b), to manage rights-of-way within its jurisdiction. City council meeting of April 15, 2019 (Item No. 4e) Page 4 Title: Second reading of right-of-way ordinance Sec. 24.253. Definitions. The following definitions apply in this chapter of this Code. References hereafter to “sections” are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. Abandoned facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant. Any person requesting permission to excavate or obstruct a right-of-way or to place a small wireless facility or wireless support structure in the public right-of-way. Aesthetics. (also known as “Conceal” or “Concealment” or "Stealth Design") refers to state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the negative aesthetic impacts. City. The City of St. Louis Park, Minnesota. For purposes of Section 24.281 city also means the city’s elected officials, officers, employees and agents. Collocate or collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Commission. The State Public Utilities Commission. Congested right-of-way. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, Section 216D.04 subdivision 3, over a continuous length in excess of 500 feet. Construction performance bond. Any of the following forms of security provided at permittee’s option: • Individual project bond; • Cash deposit; • Security of a form listed or approved under Minnesota Statutes Section 15.73 subdivision 3; • Letter of Credit, in a form acceptable to the city; • Self-insurance, in a form acceptable to the city; • A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a form acceptable to the city. Degradation. A decrease in the useful life of the right-of-way caused by excavation in or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. City council meeting of April 15, 2019 (Item No. 4e) Page 5 Title: Second reading of right-of-way ordinance Degradation cost. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation fee. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department. The City of St. Louis Park Engineering Department Director. The Engineering Director for the City of St. Louis Park. Delay penalty. The penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as established by permit. Emergency. A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right- of-way. Equipment. Any tangible asset used in the process of construction, installation, repair or maintenance of facilities in any right-of-way Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An Excavation Permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee. Money paid to the city by an applicant to cover the costs as provided in section 24.263. Facility or facilities. Any tangible asset in the right-of-way required to provide Utility Service. Facility or facilities. Any tangible asset(s) in the right-of-way required to provide utility service, including wireless service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statutes Section 161.45 governing utility facility placement in state trunk highways. Five-year project plan. Shows projects adopted by the city for construction within the next five years City council meeting of April 15, 2019 (Item No. 4e) Page 6 Title: Second reading of right-of-way ordinance Ground-Mounted Equipment. Equipment used in the operation of a wireless facility that is located on the ground and protrudes above the surface elevation of the ground. Hazardous Materials. Shall be interpreted broadly and specifically includes, without limitation, asbestos containing materials, fuel, batteries or any hazardous substance, waste, or material as defined in any federal, state or local environmental or safety laws or regulation including, but not limited to the Comprehensive Environmental Response, Compensation and Liability Ad (CERCLA). High density corridor. A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole. An excavation in the pavement, with the excavation having a length less than the width of the pavement. Local representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. Management costs. The actual costs the city incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include: (1) payment by a telecommunications right-of-way user for the use of the public right-of-way; (2) unreasonable fees of a third-party contractor used by the city as part of managing public right-of-way, including but not limited to any third-party contractor fee tied to or based upon customer counts, access lines, revenue generated by the telecommunications right-of-way user, or revenue generated for the city; or (3) the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 2017, Chapter 94; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections; or the city fees and costs related to appeals taken pursuant to Section 24.287 of this chapter. Micro wireless facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. City council meeting of April 15, 2019 (Item No. 4e) Page 7 Title: Second reading of right-of-way ordinance Obstruction permit. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction permit fee. Money paid to the city by permittee to cover the costs as provided in section 24.263. Patch or patching. A method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city’s five-year project plan. Pavement. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit. Has the meaning given “right-of-way permit” in Minnesota Statues, Section 237.162 and includes a small wireless facility permit. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way or to whom a small wireless facility permit has been granted by the city under this chapter. Permittee. Any person to whom a permit or small wireless facility permit to excavate or obstruct a right-of-way or to whom a small wireless facility permit has been granted by the city under this chapter. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Potholing. Excavating the area above an underground facility to determine the precise location of the underground facility without damage to it, before excavating within three feet of the marked location of the underground facility. Public Utility Structure: Includes a utility pole and any structure or pole supporting wires for communication or transmission of data or roadway lighting. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Public right-of-way or right-of-way. The area on, below, or above a public roadway, alleyway, highway, street, cartway, bicycle lane or public sidewalk in which the city has an City council meeting of April 15, 2019 (Item No. 4e) Page 8 Title: Second reading of right-of-way ordinance 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. (Note: this definition does not include other public grounds that may be the subject of other city requirements.) Right-of-way permit/small wireless facility permit. Either an excavation permit or an obstruction permit or a permit to place a small wireless facility in the public right-of-way or any combination of the three depending on context, required by this chapter. Right-of-way user. (1) A telecommunications right-of-way user as defined by Minnesota Statutes Section 237.162 Subdivision 4; or (2) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way Service or utility service. Includes (1) those services provided by a public utility as defined in Minnesota Statutes Section 216B.02 Subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including transporting of voice or data information; (3) services of a cable communications system as defined in Minnesota Statutes Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minnesota Statutes Chapter 308A; and (6) water, and sewer, including service laterals, steam, cooling or heating services. Service lateral. An underground facility that is used to transmit, distribute or furnish “gas, electricity, communications, or water from a common source to an end-use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer’s premises. Small wireless facility. (1) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. Small wireless facility permit fee. Money paid to the city by permittee to cover the costs as provided in section 24.263. City council meeting of April 15, 2019 (Item No. 4e) Page 9 Title: Second reading of right-of-way ordinance Supplementary application. An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. Telecommunication right-of-way user. A person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way that is used or is intended to be used for providing wireless service or transporting telecommunication or other voice or data information. For purposes of this division, a cable communication system defined and regulated under Minnesota Statutes Chapter 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minnesota Statutes Section 216B.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes Chapters 453 and 453A, or a cooperative electric association organized under Minnesota Statutes Chapter 308A, are not telecommunications right-of-way users, except to the extent these entities are offering wireless services. Temporary surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two-year plan, in which case it is considered full restoration. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Two year project plan. Shows projects adopted by the city for construction within the next two years. Utility pole. A pole that is used in whole or in part to facilitate telecommunications or electric service. Wireless facility. Equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (1) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. Wireless service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). Wireless support structure. A new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. City council meeting of April 15, 2019 (Item No. 4e) Page 10 Title: Second reading of right-of-way ordinance Wireline backhaul facility. A facility used to transport communications data by wire from a wireless facility to a communications network. Sec. 24-254. Administration. The director is the principal city official responsible for the administration of the rights-of- way, right-of-way permits, small wireless facility permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder. Sec. 24-.255. Registration and right-of-way occupancy. (1) Registration. Each person who occupies or uses, or seeks to occupy or use, or seeks to place any equipment or facilities, small wireless facilities, or wireless support structures in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the city. Registration will consist of providing application information. (2) Registration prior to work. No person may collocate, construct, install, repair, remove, relocate, or perform any other work on, or use any facilities, small wireless facilities, or wireless support structures, or any part thereof, in any right-of-way without first being registered with the city. (3) Exceptions to registration. Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from complying with the provisions of the Minnesota Statutes Chapter 216D, Gopher One Call Law. Sec. 24-256. Registration information. (1) Information required. The information provided to the city at the time of registration shall include, but not be limited to: (a) Each registrant's name, Gopher One-Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (b) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (c) A certificate of insurance or self-insurance: (1) Verifying that an insurance policy has been issued to the registrant by an City council meeting of April 15, 2019 (Item No. 4e) Page 11 Title: Second reading of right-of-way ordinance insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the city; (2) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (3) Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter. (6) The city may require a copy of the actual insurance policies. (7) If the person is a corporation, a copy of the certificate that is required to be filed as recorded and certified to by the Secretary of State. (8) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (2) Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Sec. 24.257. Reporting obligations. (1) Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of rights-of-way. The plan shall include: (a) The locations and estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a “next-year” project); and City council meeting of April 15, 2019 (Item No. 4e) Page 12 Title: Second reading of right-of-way ordinance (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a “five-year project”). The term “project” in this section shall include both next-year projects and five-year projects. By January 1 of each year, the city will have available for inspection in the city’s office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. Thereafter, by February 1, each registrant may change any project in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. (2) Additional next-year projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 24.258. Permit requirement. (1) Permit required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of the right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (2) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. (3) Delay penalty. In accordance with Minnesota Rule 7819.1000 subpart 3 and notwithstanding paragraph 2 of this section, the city shall establish and impose a delay penalty for unreasonable delays in the right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution. City council meeting of April 15, 2019 (Item No. 4e) Page 13 Title: Second reading of right-of-way ordinance (4) Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. Sec. 24.259. Small wireless facility permit requirement. A. Small wireless facility permit. Except as otherwise provided in this Code, no person may install a new or replacement wireless support structure for a small wireless facility or collocate a small wireless facility in a public right of way without first having obtained the appropriate small wireless facility permit from the city to do so. B. Permit Application and Fee. A written application for a small wireless facility permit shall be submitted to the Director on a form provided by the City. The applicant shall pay an application fee in the amount set forth in the Fee Resolution adopted by the City Council, as the same may be amended from time to time. The application will be processed in accordance with the requirements of Minnesota Statutes§ 237.163, subd. 3c (b) and (c). C. Consolidated Permit Application. An applicant may file a consolidated permit application to collocate up to fifteen (15) small wireless facilities, provided that the small wireless facilities in the application: i. are located within a two-mile radius; ii. consist of substantially similar equipment; and iii. are to be placed on similar types of wireless support structures. D. Permission from Owner. If the applicant seeks to collocate a small wireless facility on an existing wireless support structure, the applicant shall, at the time of application, provide the City with proof that it has obtained the necessary authority from the owner of the wireless support structure to collocate the small wireless facility on the structure. E. Issuance of Permit and Conditions. Upon the Director's determination that the applicant has satisfied the requirements of this Section, the Director shall issue the small wireless facility permit. The Director may condition permit approval on compliance with the following: i. generally applicable and reasonable health, safety, and welfare regulations consistent with the City's authority to manage its public right- of-way; ii. reasonable accommodations for decorative wireless support structures or signs; and iii. any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the right-of-way. In rendering a decision on a consolidated permit application, the Director may approve a permit for some small wireless facilities and deny a permit for others, but may not use denial of one or more permits as a basis to deny all the small wireless facilities in the consolidated application. City council meeting of April 15, 2019 (Item No. 4e) Page 14 Title: Second reading of right-of-way ordinance F. Term. The term of a small wireless facility permit shall be equal to the length of time that the small wireless facility is in use, unless the permit is revoked. G. Permit display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. H. Special exceptions for small wireless facilities. As required by state law, a person is not required to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities: (a) routine maintenance of a small wireless facility; (b) replacement of small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or (c) installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. Persons that perform these excepted activities shall provide the city advance notification of these activities if the work will obstruct a public right-of-way. Sec. 24.260. Permit applications. Application for a permit under this chapter is made to the city. Excavation, obstruction, and small wireless facility permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (1) Registration with the city pursuant to this chapter; (2) Submission of a completed permit application form, including all required attachments, a scaled drawing showing the location and area of the proposed project and the location of all proposed facilities, a traffic control plan, a restoration plan, a timeline for the proposed project, and, if requested by the Director, a scaled drawing showing the location of all known existing facilities and a public notification plan. All such applications shall be consistent with the provisions of this Chapter and good engineering, safety, and maintenance practices shall be followed for the work or activity conducted under the right-of way permit. The application shall require the applicant to defend, indemnify and hold the City harmless from all liability or claims of liability for bodily injury or death to persons, or for property damage, for those claims specified in Minnesota Rule 7819.1250, subpart 2. (3) Payment of money due the city for: City council meeting of April 15, 2019 (Item No. 4e) Page 15 Title: Second reading of right-of-way ordinance (a) permit fees, estimated restoration costs and other management costs; (b) prior obstructions or excavations; (c) any undisputed loss, damage, or expense suffered by the city because of applicant's prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; (d) Franchise fees or other charges, if applicable. (4) Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110% of the amount owing. (5) Posting an additional or larger construction performance bond for additional facilities when applicant requests a permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. (6) If requested by the Director, an applicant for a right-of-way permit shall provide mapping information in accordance with Minnesota Rules 7819 .4000 and 7819.4100. (7) Before granting any permit under any of the provisions of this Chapter, the Director may impose such insurance, bonding, letter of credit, cash deposit, or other financial security requirements thereon as deemed necessary to properly safeguard persons or property exposed to the work or activity. Such insurance shall also protect the City and its employees from any suit, action or cause of action arising by reason of such work or activity. Sec. 24.261. Issuance of permit; conditions. (1) Permit issuance. If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. (2) Conditions. The city may impose reasonable conditions upon the issuance of the permit and performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minnesota Statutes sections 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules chapter 7560. (3) Small wireless facility conditions and design criteria. In addition to subdivision 2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions a. Small wireless facilities shall co-locate on existing structures. Exceptions shall be granted by the City Engineer when co-location will impair the primary purpose and intent of existing structures or any attachments thereto. b. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. City council meeting of April 15, 2019 (Item No. 4e) Page 16 Title: Second reading of right-of-way ordinance c. When installing a new wireless support structure, the new structure shall not impair or reduce the effectiveness of existing or planned structures, signage or other equipment intended to provide or improve public health, welfare and/or safety. d. Equipment design and mounts shall be designed to minimize visual impact. e. No wireless support structure installed within the right of way shall exceed 50 feet above ground level in height except that a wireless support structure that replaces an existing wireless support structure in the public right-of-way that is greater than 50 feet above ground level in height may be placed at the height of the existing wireless support structure. f. No wireless facility constructed in the right-of-way after May 30, 2017 may extend more than ten feet above a wireless support structure existing on May 30, 2017. g. Where an applicant proposes to install a new wireless support structure in the right of way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right of way. h. Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure; i. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of the structure. j. The small wireless facilities (with the exception of antenna) must be located inside the structure. The antenna must be mounted within two (2) inches of the support pole. k. The small wireless facility must use the same color and/or finish as the structure it is mounted to. Alternative colors and finishes may be approved by the City Engineer to improve aesthetics and/or compatibility with other attachments to the structure. l. Wires servicing small wireless facilities must be located inside the wireless support structure, mounting brackets, and underground. m. Small wireless facilities mounted to the exterior of, or projecting outside of the wireless support structure must maintain a vertical clearance of at least nine (9) feet between the facility and the grade at the base of the structure. City council meeting of April 15, 2019 (Item No. 4e) Page 17 Title: Second reading of right-of-way ordinance n. No stickers, signs, or decals are allowed to be visible on small wireless facilities. The exception to this rule are safety alerts required by law. The city may impose reasonable requirements to preserve the design, appearance or intended purpose of a structure when collocation is proposed. o. Small wireless facilities and support facilities must comply with city’s noise regulations. p. All wireless support structures must meet the requirements of the adopted wireless support structure design criteria. New structures, replacement of existing structures and modifications to existing structures shall be at the expense of the applicant. q. Preference shall be given to locating small wireless facilities in the boulevard, rather than medians. r. To facilitate maintenance and visibility, wireless facilities and wireless support structures shall maintain at least eight feet of clearance from other poles, furniture, landscaping, art and other objects located in the right-of-way. s. Wireless support structures proposed to be installed on a block with an approved streetscape plan must install a structure consistent with the design required by the plan. t. Equipment associated with the antenna of a small wireless facility may be located on the ground if the City Engineer determines there is not sufficient space to locate the equipment on the structure. The equipment shall meet the following requirements: (a) Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall not interfere with vehicle or pedestrian intersection sight lines; (b) Ground-mounted equipment shall not create a safety hazard; (c) The ground-mounted equipment shall be located where the side lot line meets the front lot line. If this is not feasible, then it shall be located in an area so to minimize impacts on adjacent property; (d) If placed above grade, ground-mounted equipment must be limited to three feet in height and 28 cubic feet in cumulative size; (e) The equipment shall not impede pedestrian travel on sidewalks and trails. A minimum travel path of six feet in width shall be maintained between the equipment and the edge of sidewalk and/or other obstructions. (f) The colors and/or materials of ground equipment protective screening shall be designed to blend into the streetscape, match existing buildings adjacent to the right of way or shall be wrapped in a public art graphic. The design of ground equipment shall minimize their visual impact in the right of way. City council meeting of April 15, 2019 (Item No. 4e) Page 18 Title: Second reading of right-of-way ordinance (g) Equipment located on the ground shall be encased in a protective screening enclosure so that no wires, cables or sharp edges are exposed. (4) Small wireless facility agreement. A small wireless facility shall only be collocated on a wireless support structure owned or under the control of the city, or any other city asset in the right of way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: a. Management costs; b. Up to $150 per year for rent to collocate on the city structure; c. $25 per year for maintenance associated with the collocation; d. A monthly fee for electrical service as follows: 1. $73 per radio node less than or equal to 100 maximum watts; 2. $182 per radio node over 100 maximum watts; or 3. The actual cost of electricity, if the actual costs exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided however, that the applicant shall not be additionally required to apply for or enter into any individual license, franchise, or other agreement with the city in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. Sec. 24.262. Time for review of applications. (1) Deadline for action. The city shall approve or deny a small wireless facility permit application for collocation of a small wireless facility on a preexisting structure within 60 days after filing of a complete application. The city shall approve or deny a small wireless facility permit application for construction of a new wireless support structure within 90 days after filing of a complete application. The small wireless facility permit, and any associated building permit application, shall be deemed approved if the city fails to approve or deny the application within 90 days of receipt of a complete application. (2) Tolling of deadline for action. The 90-day deadline for action may be tolled if: a. The city receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities. In such case, the city may extend the 90-day deadline for all such applications by an additional 30 days by informing the affected applicants in writing of such extension. City council meeting of April 15, 2019 (Item No. 4e) Page 19 Title: Second reading of right-of-way ordinance b. The applicant fails to submit all required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt of the application clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the city’s determination whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon applicant’s submittal of additional documents or information in response to a notice of incompleteness, the city has 10 days to notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. Requests for information not requested in the initial notice of incompleteness do not toll the 90-day deadline for action. c. The city and applicant may agree in writing to toll the review period. Sec. 24.263. Permit fees. (1) Excavation permit fee. The city shall impose an excavation permit fee in an amount sufficient to recover the following costs: a. city management costs; and b. degradation costs, if applicable. (2) Obstruction permit fee. The city shall impose an obstruction permit fee in an amount sufficient to recover city management costs. (3) Small wireless facility permit fee. The city shall impose a small wireless facility permit fee for the placement of small wireless facilities and wireless support structures in the public right-of-way in an amount sufficient to recover: a. city management costs; and b. city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (4) Costs of initial engineering survey and preparatory construction work associated with collocation. Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment. City council meeting of April 15, 2019 (Item No. 4e) Page 20 Title: Second reading of right-of-way ordinance (5) Payment of permit fees. No excavation, obstruction, or small wireless facility permit shall be issued without payment of the respective excavation, obstruction, or small wireless facility permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. (6) Nonrefundable. Permit fees that were paid for a permit that the city has revoked are not refundable. Sec. 24.264. Standards for Construction or Installation. A. General Standards. Excavation, backfilling, patching, restoration, and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Statutes and Administrative Rules, including without limitation Rules 7819.5000 and 7819.5100, all requirements of the City Code, and local guide specifications and standard details that are consistent with Minnesota Statutes Sections 237.162 and 237.163. Installation of service laterals must be performed in accordance with Minnesota Rules Chapter 7560 and the City Code. The permit holder shall comply with the following additional standards when performing the work authorized under the right-of-way permit: (1) Take such precautions as are necessary to avoid creating unsanitary conditions. (2) Conduct the operations and perform the work in a manner that insures the least obstruction to and interference with traffic. (3) Take adequate precautions to insure the safety of the general public and those who require access to abutting property. (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. (6) Exercise caution at all times for the protection of persons, including employees, and property. (7) Protect and identify excavations and work operations with barricade flags and, if required, by a flag person in the daytime and by warning lights at night. All traffic control devices shall conform to the latest addition of the Minnesota Manual on Uniform Traffic Control Devices, including the latest edition of the Field Manual for Temporary Traffic Control Zone Layouts. (8) Provide proper trench protection as required by the Occupational Safety and Health Administration in order to prevent cave-ins endangering life. (9) Protect the root growth of trees and shrubbery. (10) If possible, provide for space in the installation area for other right-of-way users. City council meeting of April 15, 2019 (Item No. 4e) Page 21 Title: Second reading of right-of-way ordinance (11) Maintain access to all properties and cross streets as possible during construction and installation and maintain emergency vehicle access at all times. (12) Maintain alignment and grade unless otherwise authorized by the City. Changes not approved by the City will require removal and reconstruction. (13) During plowing or trenching of facilities, a warning tape must be placed at a depth of twelve (12) inches above copper cables with over two hundred (200) pairs and above fiber facilities. (14) Below concrete or bituminous paved road, sidewalk and trail surfaces, directional bore facilities must be installed in conduit of a type determined by the permit holder. (15) The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes section 326B.35. (16) At the direction of the Director, facilities being installed or relocated within a high density corridor shall be placed in a common conduit system or share other common structures. (17) A Minnesota licensed surveyor shall be used to locate property lines, install property pins, and replace any destroyed property pins at corners. (18) Excavations, trenches, and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. (19) Excavations, trenches, and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (20) All backfilling must be placed in six inch (6") layers at optimum moisture and compacted with the objective of attaining ninety-five percent (95%) of Standard Proctor. Compaction shall be accomplished with hand, pneumatic, or vibrating compactors as appropriate. (21) Backfill material shall be subject to the approval of the Director. The Director may permit backfilling with the material from the excavation provided such material is acceptable to the Director. (22) Compacted backfill shall be brought to bottom of the aggregate base of the approved street section. (23) All work performed in the right-of-way shall be done in conformance with local guide specifications and standard details, unless a less stringent standard is approved by the Director. (24) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (25) No lugs damaging to roadway surfaces may be used. City council meeting of April 15, 2019 (Item No. 4e) Page 22 Title: Second reading of right-of-way ordinance (26) Dirt or debris must be removed daily during construction, which may require the use of a mechanical sweeper. (27) Above-ground utility markers may not be installed except as authorized by the Director. (28) Above-ground utility cabinets, pedestals, and boxes shall be identified with a durable external sign or marker reflecting the name and contact information of the owner of the facility. (29) Other reasonable standards and requirements of the Director. B. Standards for Installation, Relocation or Replacement of Underground Utilities. The right-of-way permit holder shall comply with the following standards when installing facilities underground: (1) Longitudinal installations, relocations, or replacement under streets, sidewalks and trails are prohibited unless otherwise approved by the Director. (2) Crossing of streets, sidewalks, trails, and hard surfaced driveways shall be directional bored at a minimum depth of sixty (60) inches unless otherwise approved by the Director. (3) Buried facilities below concrete or bituminous paved street, trail, and sidewalk surfaces must be placed at a minimum depth of sixty (60) inches. Other buried facilities shall be placed at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved in advance by the Director. (4) If construction is open cut, the permit holder must install the visual tracers within twelve (12) inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. (5) The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6) Compaction in a trench shall be ninety-five percent (95%) of Standard Proctor and copies of test results must be submitted to the Director. Tests will be required at the discretion of the Director. Tests must be conducted by an independent testing firm at locations approved by the Director. The Director may require recompaction and new tests if densities are not met. (7) The facilities shall be located so as to avoid traffic signals and signs, which are generally placed a minimum of three (3) feet behind the curb. (8) When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the City, the permit holder shall excavate an observation hole over the utility to ensure that the City utility is not damaged. (9) All junction boxes or access points shall be located no closer than ten (10) feet from City hydrants, valves, manholes, lift stations, or catch basins unless an alternate location is approved by the City. City council meeting of April 15, 2019 (Item No. 4e) Page 23 Title: Second reading of right-of-way ordinance (10) Underground facilities shall not be installed between a hydrant and an auxiliary valve. (11) Buried telecommunications facilities must have a locating wire or conductive shield, except for dielectric cables. (12) Buried fiber facilities must be placed in a conduit of a type determined by the right- of-way user unless the permit holder obtains a waiver from the City. C. Standards for Installation, Relocation, or Replacement of Overhead Facilities. The right- of-way permit holder shall comply with the following standards when installing facilities, other than small wireless facilities, overhead: (1) All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a location that does not interfere with traffic signals, overhead signs, or street lights. (2) Facilities shall be co-located on poles where possible. (3) Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the Director. D. Trenchless Excavation. A right-of-way permit holder employing trenchless excavation methods, including but not limited to horizontal directional drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560, and shall employ potholing or open cutting over existing underground utilities before excavating as determined by the City. Section 24.265. Right-of-way patching and restoration. (1) Timing. The work to be done under the excavation permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 24.268. (2) Patch and restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right-of-way or restore the right-of-way itself. (a) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. (b) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of application for an excavation permit post a construction performance bond in accordance with the provisions of Minnesota Rule 7819.3000. City council meeting of April 15, 2019 (Item No. 4e) Page 24 Title: Second reading of right-of-way ordinance (c) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right- of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (3) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the city and shall comply with Minnesota Rule 7819.1100. (4) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 24.268. (5) Failure to restore. If the right-of-way permit holder fails to restore the right-of-way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the City may complete the restoration. The right-of-way permit holder shall reimburse the City for its reasonable costs incurred in completing the restoration and shall pay any delay penalty and/or degradation fee imposed by the City within thirty (30) days of invoice from the City. If a right-of-way permit holder fails to pay as required, the City may exercise its rights under the construction performance bond and deny future right-of-way permit applications. (6) Delay Fee. The City may establish and impose a delay fee for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration, or for work not completed prior to right-of-way permit expiration. The delay fee and associated fees shall be established from time to time by City Council resolution. No delay fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including without limitation inclement weather, acts of God, or civil strife. Sec. 24.266. Joint applications. (1) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (2) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. City council meeting of April 15, 2019 (Item No. 4e) Page 25 Title: Second reading of right-of-way ordinance Sec. 24.267. Supplementary applications. (1) Limitation on area. A right-of-way permit or small wireless facility permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, (ii) be granted a new permit or permit extension. (2) Limitation on dates. A right-of-way permit or small wireless facility permit is valid only for the dates specified in the permit. No permittee may begin work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 24.268. Other obligations. (1) Compliance with other laws. Obtaining a right-of-way permit or small wireless facility permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law, or regulation. A permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of- way pursuant to its permit, regardless of who does the work. (2) Prohibited work. Except in an emergency, and with the approval of the city, no right-of- way obstruction or excavation or collocation of a small wireless facilities or installation or maintenance of a wireless support structures may be done when seasonally prohibited or when conditions are unreasonable for such work. (3) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (4) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the director. City council meeting of April 15, 2019 (Item No. 4e) Page 26 Title: Second reading of right-of-way ordinance Sec. 24.269. Right of Way Prohibitions. A. Dumping in Streets. It is a misdemeanor for any person to throw or deposit in any public right-of-way any solid, recyclable, or yard waste, including but not limited to nails, dirt, glass, cans, discarded cloth or clothing, construction debris, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease, petroleum products or other automotive fluids or to empty any water containing salt or other injurious chemical thereon. It is a violation of this Section to haul any such material inadequately enclosed or covered thereby permitting the same to fall upon the street. B. Fires. It is a misdemeanor for any person to build or maintain a fire upon a public right- of-way. C. Hazardous Materials. It is a misdemeanor for any person or right-of-way user to generate, store, dispose or transport to or over the right-of-way, any Hazardous Materials. Any and all hazardous materials in the right-of-way as defined in this ordinance must be removed except as otherwise permitted by the Director. D. Signs. It is a misdemeanor for any person to place or maintain a sign within any public right-of-way except as otherwise permitted by the Director. E. Placing Snow or Ice in a Public Right-of-Way. It is a misdemeanor for any person not acting under a specific contract with the City or without written permission from the Director to remove snow or ice from private property or a private driveway and cause the same to obstruct, encroach upon, encumber, or interfere wholly or partially with any public right-of-way, including but not limited to a public roadway, street, sidewalk, walkway, bike or trail way, easement, park, or other public property. Where permission is not granted by the Director, the City may remove the snow or ice from the public right-of-way and the person shall be initially responsible for payment of all direct and indirect costs of removing the snow or ice from the street. If not paid within thirty (30) days of invoice, collection shall be by civil action or assessment against the property as any other special assessment. F. Each day that any person continues in violation of this subdivision shall be a separate offense and punishable as such. Sec. 24.270. Denial of permit. (1) Reasons for denial. The city may deny an application for a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (2) Procedural requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify a telecommunications right-of-way user in writing within three business days of the decision to deny a permit. If a permit application is denied, the telecommunications right-of -way user may cure City council meeting of April 15, 2019 (Item No. 4e) Page 27 Title: Second reading of right-of-way ordinance the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted. Sec. 24.271. Revocation of permits. (1) Substantial breach. The city reserves its right, as provided herein, to revoke any right-of- way permit or small wireless facility permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (a) The violation of any material provision of the right-of-way permit or small wireless facility permit; (b) An evasion or attempt to evade any material provision of the right-of-way permit or small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (c) Any material misrepresentation of fact in the application for a right-of-way permit or small wireless facility permit; (d) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (e) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 24.273. (2) Written notice of breach. If the Director determines that the permit holder has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation, or any condition of the right-of-way permit or small wireless facility permit, the Director shall notify the permit holder of the breach in writing and demand that the permit holder remedy the violation. The notice and demand shall inform the permit holder that continued violations may result in revocation of the right-of-way permit or small wireless facility permit. In the notice and demand, the Director may also impose additional or revised conditions on the right-of-way permit or small wireless facility permit to mitigate and remedy the breach. (3) Response to notice of breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city that will cure the breach. Permittee's failure to so contact the city, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. City council meeting of April 15, 2019 (Item No. 4e) Page 28 Title: Second reading of right-of-way ordinance (4) Revocation. Revocation of a right-of-way permit or small wireless facility permit shall be made in writing within three business days of the decision to revoke the permit and shall document the basis for the revocation. (5) Reimbursement of city costs. If a right-of-way permit or small wireless facility permit is revoked, the permittee shall also reimburse the city for the city's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. Sec. 24.272. Installation requirements. The excavation, backfilling, patching, and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in section 24.274 subdivision 2 of this ordinance. Sec. 24.273. Inspection. (1) Notice of completion. When the work under any right-of-way or small wireless facility permit is completed, the permit holder shall furnish a completion certificate and as-built drawings in accordance with Minnesota Rule 7819.1300. (2) Site inspection. Permittee shall make the work-site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (3) Authority of director. (a) At the time of inspection, the director may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public. (b) The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to section 24.269. City council meeting of April 15, 2019 (Item No. 4e) Page 29 Title: Second reading of right-of-way ordinance Sec. 24.274. Work done without a permit. (1) Emergency situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Registrant’s notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the city becomes aware of an emergency regarding a registrant's facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (2) Non-emergency situations. Except in an emergency, any person who, without first having obtained the necessary permit, excavates or obstructs or places a small wireless facility or wireless support structure in the right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the city Code, deposit with the city the fees necessary to correct any damage to the right-of- way, and comply with all of the requirements of this chapter. Sec. 24.275. Supplementary notification. If the obstruction or excavation or the placement of a small wireless facility or wireless support structure in the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 24.276. Mapping data. (1) Information required. Each registrant, permittee shall provide mapping information required by the city in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the "as- built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's electronic mapping system, when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. (2) Service laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of City council meeting of April 15, 2019 (Item No. 4e) Page 30 Title: Second reading of right-of-way ordinance installed service laterals and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005 shall be a condition of any city approval necessary for: (a) payments of contractors working on a public improvement project including those under Minnesota Statutes Chapter 429; and (b) city approval under the development agreements or other subdivision or site plan approval under Minnesota Statutes Chapter 462. The Director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. Sec. 24.277. Location and relocation of facilities. (1) Rule. When directed by the city, a right-of-way user shall promptly and at his, her, or its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for the convenience of the city, in connection with: (1) a present or future City use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation. Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. (2) Relocation schedule notification procedures. The director shall notify the registrant or permit holder at least three months in advance of the need to relocate existing facilities. The director shall provide a second notification to the registrant or permit holder one month before the date by which the relocation must be completed. To the extent technically feasible, all utilities must be relocated within one month or in a time frame determined by the director. (3) Delay to city project. If the registrant or permit holder fails to meet the relocation schedule due to circumstances within the owner’s control, the city may charge the owner for all costs incurred by the city because the relocation is not completed in the scheduled timeframe. (4) Joint trenching. All facilities shall be placed in appropriate portions of the right-of-way so as to cause minimum conflict with other underground facilities. When technically appropriate and no safety hazards are created facilities shall be installed, constructed, City council meeting of April 15, 2019 (Item No. 4e) Page 31 Title: Second reading of right-of-way ordinance or placed within the same trench. Notwithstanding the foregoing, gas and electric lines shall be placed in conformance with Minnesota Rules part 7819.5100 subpart 2, governing safety standards. (5) Corridors. The city may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that are or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. A typical crossing section of the location for utilities may be on file at the director’s office. This section is not intended to establish “high density corridors.” Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city may remain at that location until the city requires facilities relocation to the corridor pursuant to relocation authority granted under Minnesota Rules part 7819.3100 or other applicable law. (6) Nuisance. One year after the passage of this chapter, any facilities found in a right-of- way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition. (7) Limitation of space. To protect the health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Sec. 24.278. Pre-excavation facilities location. In additions to complying with the requirements of Minn. Stat. § 216D.01-.09 (“One Call Excavation Notice System”) before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 24.279. Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and City council meeting of April 15, 2019 (Item No. 4e) Page 32 Title: Second reading of right-of-way ordinance must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city's response to an emergency occasioned by that registrant's facilities. Sec. 24.280. Right-of-way vacation. If the city vacates a right-of-way that contains the facilities of a registrant, the registrant’s rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. Sec. 24.281. Indemnification and liability By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minnesota Rule 7819.1250. Sec. 24.282. Abandoned and unusable facilities. (1) Discontinued operations. A right-of-way user/registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant obligations for its facilities in the right of way under this chapter, including removal and disposal of Hazardous Materials, have been lawfully assumed by another registrant. (2) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the city. (3) Non-Completion or Abandonment of Work. Work shall progress expeditiously to completion in accordance with any time limitation specified in the right-of-way permit or small wireless facility permit so as to avoid unnecessary inconvenience to the public. In the event that the permit holder fails to timely complete the work in accordance with the terms of the right- of-way permit or small wireless facility permit or ceases or abandons the work without due cause, the City may, after six (6) hours' notice in writing to the permit holder of its intention to do so, correct the work, fill any excavation, and repair the public right-of-way in a manner that it deems necessary to protect the safety and welfare of the public. The City shall make or contract for all temporary and permanent repairs, including but not limited to backfilling, compacting, and resurfacing, and the permit holder shall reimburse the City for all costs incurred for such work. If the permit holder fails to reimburse the City within thirty (30) days of billing, the City may do any or all of the following: (1) reimburse itself from the proceeds from any cash deposit, letter of credit, bond, or other security given by the permit holder; (2) deny the permit holder any future right-of-way permits or small wireless facility permits; and (3) impose a delay penalty. City council meeting of April 15, 2019 (Item No. 4e) Page 33 Title: Second reading of right-of-way ordinance Sec. 24.283. Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; or (4) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or (5) disputes a determination of the director regarding Section 24.274 subdivision 2 of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the city council. The city council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the city council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 24.284. Exemptions. The provisions of this division shall not be applicable to: (1) City employees acting within the course and scope of their employment and contractors acting within the course and scope of a contract with the city; (2) Persons who install mailboxes in the public right-of-way in accordance with requirements of the U.S. Postal Service; (3) Persons who temporarily place residential household refuse containers in the public right-of-way for the collection of solid waste or recyclables in accordance with the provisions of the City Code. Section 2. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council April 15, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading April 1, 2019 Second Reading April 15, 2019 Date of Publication April 25, 2019 Date Ordinance takes effect May 10, 2019 City council meeting of April 15, 2019 (Item No. 4e) Page 34 Title: Second reading of right-of-way ordinance Summary for publication Ordinance no. ____-19 Ordinance repealing St. Louis Park City Code sections 24.251-24.284 and replacing them with sections 24.251-24.284 This ordinance states that Sections 24.251-24.284 shall be replaced with Sections 24.251-24.284 regulating city rights-of-way for small wireless facilities. This ordinance shall take effect 15 days after publication. Adopted by the City Council April 15, 2019 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 25, 2019 Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4f Executive summary Title: 2019 Neighborhood Revitalization Grant Program Recommended action: Motion to approve the 2019 Neighborhood Grants. Policy consideration: Does Council wish to approve the allocation of neighborhood grants for 2019? Summary: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. Grant applications from 23 neighborhoods were received in this year’s grant cycle. On Monday, March 25th, Darius Gray facilitated the grant review process with Grant Review Committee Members Alicia Sojourn, and Darla Monson, both of whom are City Staff. The Grant Review Committee met to review the grant applications and make funding recommendations to the City Council. Attached are the grant guidelines that include a rubric for scoring which the Grant Review Committee used when evaluating and scoring the submissions. Financial or budget considerations: The grant review committee recommends approval of $46,915 to fund the following 23 neighborhood grants: $1100 Aquila $2950 Birchwood $2330 Blackstone $2500 Bronx Park $1020 Brooklawns $2500 Brookside $2950 Browndale $2950 Cedar Manor $1750 Cobblecrest $2035 Creekside $1025 Crestview $1400 Eliot View $2950 Elmwood $935 Kilmer Pond $1390 Lake Forest $2300 Minikahda Oaks $1725 Minikahda Vista $2450 Minnehaha $2450 Sorensen $1275 South Oak Hill $2450 Texa-Tonka $2030 Westwood Hills $2450 Wolfe Park The above amounts include special funding requests totaling $5,225 for twenty neighborhoods. Special funding is for projects that work towards racial equity and environmentalism. The Grant Review Committee also recommends the approval of $5,900 to fund insurance purchases for fourteen neighborhoods. 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 creating opportunities to build social capital through community engagement. Supporting documents: Discussion 2019 Neighborhood grant guidelines and grant worksheet Summary of grant changes Prepared by: Darius Gray, Community Organizer Reviewed by: Nancy Deno, Deputy City Mgr/HR Dir, Alicia Sojourner, RE Manager Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4f) Page 2 Title: 2019 Neighborhood Revitalization Grant Program Discussion Background: Each year grant funding is made available to neighborhood associations to promote strong neighborhoods and enhance community connections by bringing neighbors together. The City Council appropriated $52,000 in grant funds for the 2019 neighborhood grant program. This year a number of changes were made to the grant program to ensure grants were inclusive and aligned with city priorities of all communities. These changes will be outlined in an attached document. Neighborhood Associations are responsible for providing insurance when planning neighborhood events in parks that bring outside equipment into the park such as, but not limited to, moonwalks, petting zoos, etc. Neighborhood associations can apply for a maximum of $500 in addition to the standard grant to assist with purchasing insurance. Grant applications from 23 neighborhoods were received by March 24, 2019. The total grant request for 2019 was $47,165, however the review committee is recommending the allocation of $46,915 to the requesting neighborhoods. Fourteen of these neighborhoods also applied for additional insurance reimbursements. Twenty neighborhoods applied for special funding. The total amount applied for under environmental component came in at $2,975 with twenty neighborhoods seeking that funding. Of those, nine neighborhoods applied for the racial equity funding totaling $2,280. In the past year, a few neighborhoods have become more active and are planning more events and activities for their neighborhood. There are some neighborhoods that have been stagnant or declined in activity and did not apply for much additional funding than in previous years. Outside of those exceptions, most neighborhoods have been active and utilize all or a majority of the grant money provided. The grant applications came in $5,085 under budget. Although there was additional funding available, the Grant Review Committee did not fund projects or activities that did not fall within the grant guidelines. Of the $47,165 requested by neighborhoods for grant funding, $250 is proposed for being rejected for funding, thus $46,915 is being requested for approval plus $5,900 for insurance. The reviews committee’s current funding allocation recommendation when including the amount for insurance exceeds the $52,000 budget by $815. The justification for exceeding the budget is to enable us to approve as much money to neighborhood associations as possible. The request is recommended for approval with the knowledge that the total funding allocation will not be fully utilized for each grant cycle. Over the past five years there has been an average of $6,400 left in the grant budget. Therefore, we will utilize funding from the 2018/2019 grant cycle to make up the difference if needed. However, we ultimately anticipate unspent funding, thus the grant term will be completed well under budget. Once approved, there will be $5,085 remaining in the grant fund. This remaining funding is intended to be used for the Neighborhood Start Up Grant program. Next steps: Neighborhoods will be notified of grant awards in late April, shortly after the grants have been approved by city council. Following award notice, each neighborhood must sign contracts and submit them back to Darius before their grant term may begin. City council meeting of April 15, 2019 (Item No. 4f) Page 3 Title: 2019 Neighborhood Revitalization Grant Program NEIGHBORHOOD REVITALIZATION PROGRAM 2019 GRANT GUIDELINES Purpose In 1996, the City of St. Louis Park established this grant program to support neighborhoods and enhance community connections by bringing neighbors together. Financial support is provided for special projects initiated by neighbors to address issues, implement ideas or create opportunities that are meaningful and important to their neighborhoods. This purpose still applies today and supports the city’s Strategic Priority: St. Louis Park is committed to creating opportunities to build social capital through community engagement. In 2019, the city expects to award up to $40,000 in grants. Grant Term The grant term will be May 1, 2019 to December 31, 2019. Reimbursement can be issued for cost incurred within the grant term. All work must be completed within this timeframe. The last invoice for the 2019 grant must be submitted on January 15, 2020. Who We Fund Eligible applicants include organized St. Louis Park Neighborhood Associations recognized as a neighborhood association. To be recognized as a neighborhood association, you must demonstrate the following: Have at least three elected officers from the neighborhood, have a method of transferring leadership from one year to the next, written bylaws approved by its membership, which must be reviewed annually, and hold an annual neighborhood meeting. Projects should be the idea of, and championed by, residents of the neighborhood area with input from residents. What We Fund Creative community projects that focus on the following criteria will be considered for funding: •Enhances the aesthetics of the neighborhood. •Provides a clear community benefit. •Accessible to all members of the community. •Addresses a known neighborhood deficiency. •Strengthens existing community assets •Increases sense of community. •Activates community improvements or spaces. •Focuses on community involvement. •Helps inform neighborhood or city projects. City council meeting of April 15, 2019 (Item No. 4f) Page 4 Title: 2019 Neighborhood Revitalization Grant Program Special funding: Special grant funding is strictly for the use of environment, racial equity and inclusion, and insurance. Funds cannot be used for any other reimbursement. Environmental: Neighborhood Associations may apply for additional grant funding up to $200 that incorporate an environmental component either in conjunction with an existing event or adding a new program/event. This new grant element ties to the Strategic Priorities: St. Louis Park is committed to continue to lead in environmental stewardship. Racial equity and inclusion: Neighborhood Associations may apply for additional grant funding up to $250 that incorporate a racial equity and inclusion component either in conjunction with an existing event or adding a new program/event. This new grant element is tied to the Strategic Priorities: 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. Insurance: Neighborhood Associations may apply for additional grant funding up to $500 to assist with purchasing additional insurance. Note: When planning neighborhood events in parks, you may be required to make provisions to use your own insurance. Neighborhood associations are responsible for providing outside insurance when planning neighborhood events in parks that bring outside equipment into the park such as, but not limited to, moonwalks, petting zoos, etc. Without clear delineation of who is responsible in case of accidents, neighborhood leaders may be held liable. Matching grant funds: To qualify for a grant, a neighborhood must demonstrate how it will contribute to or leverage the Neighborhood Revitalization grant funds. A match of neighborhood resources maximizes the use of limited City funds and confirms the commitment from each neighborhood. Neighborhoods should provide at least a 50% (dollar for dollar) match to the grant amount. However, applicants that demonstrate a 100% match will score better. Any combination of sources is acceptable in calculating the neighborhood match. These can be in the form of: •cash raised through fundraising •fees collected at activities •donations from businesses, civic groups, etc. • in-kind services or sweat equity What are the grant program terms and contract requirements? •The city retains sole discretion in determining whether or not applications are eligible. •Necessary permits or other approvals must be obtained by the applicant prior to starting projects. Examples of projects that need permits include but are not limited to, permanent improvements within the public right-of-way or on private property or activities requiring a street closure. •Projects must be accessible and inclusive. •Award maximum is $2,950 per year. o Grant request maximum amount $2,000 Group activities, social events and meetings are considered for funding up to a maximum of $700 per activity. o Environmental request maximum amount $200 o Racial equity and inclusion maximum amount $250 o Insurance maximum amount $500 City council meeting of April 15, 2019 (Item No. 4f) Page 5 Title: 2019 Neighborhood Revitalization Grant Program • Only one Neighborhood Revitalization Grant per neighborhood associations per year. • Projects may require a design review as a condition of the grant award. • Projects must be completed within the grant’s calendar year. • Grants do not carry over from year to year. Previous 2018/2019 grant must closed by April 30, 2019 before new grant funds are awarded. How are grants distributed for awarded projects? • Applicants who are selected (“Grantee”) must sign a contract before implementation of their project. Contracts can be signed before May 10, 2019. • Grantees are required to pay for expenses upfront and will be reimbursed by the City. • Receipts and invoices for project costs must be submitted as proof of expenses. • Invoices will be processed on the 15th of the month for reimbursement. The last invoice will be accepted January 15, 2020. The month following the conclusion of the grant term. • Reimbursement may not exceed total grant award. • Reimbursement for previous 2018/2019 grant will not be accepted or reimbursed after April 30, 2019. What are the reporting requirements? • When submitting an invoice a status report will be required. • All grantees will have a mid-grant year in-person meeting with the city’s Community Organizer. • Evaluation report along with a complete expense report will be due at end of grant year. What types of expenses are covered by grant funds? The city urge neighborhood leaders to think creatively when brainstorming about projects and types of community involvement. Neighborhood leaders are encouraged to be creative in assessing their needs and determining the projects they want to undertake as a neighborhood. Neighborhood leaders are required to include neighborhood resident input for proposed projects. How you choose to receive this input must be included in the grant application. Projects that demonstrate greater community input and inclusion will be consider with more favor. The following types of projects will be favorably considered: • Neighborhood identity (e.g., brochures, signs, festivals, and education of neighborhood history) • Neighborhood leadership training and development • Start-up funds for specific neighborhood projects (e.g., newsletters, emailing services) • Publicity of special events (e.g., community cleanups) • Beautification (we will only consider Minnesota-Friendly/bee-friendly planting) • Social events that bring neighbors together (block party, youth event, art, holiday party) • Deeping reach and connections with historically underrepresented community members • Purchasing environmentally friendly products for a neighborhood events Note: Physical improvements to any public property must be coordinated with the appropriate City department. It should not conflict with or duplicate a project in the City’s Capital Improvements Program. A letter of feasibility must be included with a grant application that requests funding for park improvements. This letter should confirm that the appropriate City department has reviewed the proposed improvements, that the proposal is feasible, and that the project budget is a reasonable estimate of project costs. City department contacts for capital improvements: Rick Beane, Parks and Recreation Department, 952-928-2854 City council meeting of April 15, 2019 (Item No. 4f) Page 6 Title: 2019 Neighborhood Revitalization Grant Program What types of expenses are NOT covered by grant funds? • Routine maintenance, i.e. mowing and snow removal. • General maintenance of public infrastructure (sidewalks, streetlights, alleys, street trees). • On-going operating expenses, i.e. administration costs, office supplies. • Payment for services provided by neighborhood residents such as babysitters, attendants (this should be counted as in-kind services). • Advertisements for non-neighborhood related events. • Activities that duplicate a city service already in place. • Improvements to private property, of any kind. Grant application scoring criteria The city retains sole discretion in determining how proposed projects, programs and activities meet the program guidelines and criteria. The nature of proposed projects can vary greatly, therefore the following scoring criteria are not absolute; rather they are intended to provide guidance for applicants while preparing their applications and for city staff in scoring them. 1. Scope of Work/Project/Creativity: 0-35 Points • Defines scope of projects/activities, timeline, goals, process and measurable outcomes. • Identifies leaders/organizers of project. • Project timeline. • Project creativity and innovation. • Visibility, accessibility and inclusion. • Identifies future maintenance for permanent improvements, if applicable. • Defines budget, contributions and/or pledges for the project. 2. Community Benefit: 0-25 Points • Defines who will benefit from the project and how they will benefit. • Issue(s) addressed and problem(s) documented. • Creative and workable solutions. • Identifies long and/or short term benefits. 3. Neighborhood/Community Participation: 0-25 Points • Documentation of neighborhood/surrounding residents’ approval of project. • Neighborhood/resident involvement in all project phases. • Participation level of residents. • Strengthens and/or builds new partnerships with other entities or groups. • Matching funds or in-kind goods/services. 4. Consistency with City Policies, and Adopted Plans: 0-15 Points • Implements recommendations from or is consistent with City plans. • Complies with City regulations. • Understanding of permissions and permits necessary to implement project. 5. Additional Considerations: 0-10 Points • Projects that include a funding match will receive an additional 5 points. • Projects that include an environmental component will receive an additional 10 points. • Projects that include a racial equity and inclusion component will receive an additional 10 points. City council meeting of April 15, 2019 (Item No. 4f) Page 7 Title: 2019 Neighborhood Revitalization Grant Program Note: We have 27 organized neighborhoods eligible for funds, the process is competitive. Neighborhood leaders are advised to request funds for their most important needs. During the grant review process, greater consideration will be given to proposals that enhance community connections and show a greater match amount. Lesser consideration will be given to proposals for park improvements and proposals that show a large expenditure for a single activity. Garage sales will be given the lowest priority. If grant requests exceed the amount available for funding, garage sales will not be funded. Darius is available to answer questions and provide assistance as grant proposals are developed. Find his contact info below. Grant process steps 1. Apply Applications must be received by Sunday, March 24, 2019. Emailed to: dgray@stlouispark.org Mailed: Darius Gray, Community Organizer City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Note: Any applications received after the deadline will not be eligible to receive a grant. 2. Review Time A committee city staff will review the grant proposals and make recommendations for approval to the City Manager. 3. Final Approval Final authorization of the awards will be approved at a City Council Meeting mid-April. 4. Signed Agreements Within two weeks of approval, each recipient neighborhood will receive a grant agreement from the city. The agreement must be signed and returned prior to any funds being released. Pre-application Assistance All applicants are strongly encouraged to talk to city staff as they work to identify projects and put together their applications. This will help to ensure complete and accurate applications, as well as streamline application review. Questions? Contact Darius Gray, Community Organizer 952-923-0265 dgray@stlouispark.org City council meeting of April 15, 2019 (Item No. 4f) Page 8 Title: 2019 Neighborhood Revitalization Grant Program Past Policy New Policy Reason(s) for Update Possible Impact(s) 100% dollar for dollar match. Decrease of dollar for dollar match to 50%. To reduce barriers of participation in the neighborhood grant program. •Increase involvement of neighborhoods association that may lack in resources of funds, time and in-kind donations giving them an opportunity to still access funds. •Diversify the pool of applicants, new NHA that has not applied in the past. •Increase in organizing of neighborhood associations. N/A Added funds of $250 to add a Racial Equity and Inclusion Component To be in alignment with Council’s strategic priorities. •Neighborhood association may become more intentional and work towards racial equity and inclusion in their culture. •Underrepresented groups may become more engage in city processes. •Close gaps of underrepresented community member’s involvement in NHA. •Eliminating barriers for community members to participation 12 month May to May grant term Grant term 8 months May 1 – Dec 31 2019 Create alignment for future grants to be on a traditional calendar year. •Consistency with year calendar. •2020 grant term will be Jan 1-Dec 31 N/A Midterm grant review with Community Organizer More internal oversight and support offered. •Gain insights for ways to improve the grant program. •Create synergy and potential connections – Community Organizer can play matchmaker between neighborhood with similar wants and needs and other resources. •Allows more coaching to happen seamlessly. •Create and support social capital between Community Organizer and neighborhood associations. $150 for environmental projects Increase of $50 for environmental projects; total $200 To be in alignment with Council’s strategic priorities. •Increase NHA reach in environmental projects •Eliminating barriers for community members to participation City council meeting of April 15, 2019 (Item No. 4f) Page 9 Title: 2019 Neighborhood Revitalization Grant Program N/A End of term report More internal oversight and accountability from those receiving money. •Improved documentation and evaluation. •Longitudinal study approach possible in the future. •Support creative ideas and resources for future grantees. •Gain insights for ways to improve the grant program. •Work on eliminating future barriers that NHA faced their grant year. Application: Excel Sheet that was project based submission requirements Online grant submission Narrative format of grant application Update our grant process to align with industry standards. Online format allows narrative, budget, contact info all in one place. Ease to input in the SLP internal system. •Better documentation and one consistent platform for receiving submissions. •Greater understanding of how the proposed projects will speak to direction of the city and strategic priorities with the narrative form. •Both an online and PDF format gives options for NHA. N/A Adding a scoring criteria to NHA Grant Guidelines To ensure applicants understand the thinking of grant admins. Encourage more creative/innovative projects. •Create transparency and consistency. •Limit confusion. •Allows for greater understanding of future grant admins to see what was important for current grant admins. (Deeper understanding of current city priorities) •Potentially create more creative projects. •Rubric for applicants. Grant Limit $2100 Grant limit from $2100 to $2000 Making it a round number. Easier for accounting purposes. •Creates ease for both applications and grant admins in calculation. •Allows dollars to go slightly further between neighborhood groups. •Allowed to increase Racial Equity and Environmental funding. Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4g Executive summary Title: Boy Scout Troop 282 temporary signs in the public right-of-way Recommended action: Motion to adopt Resolution authorizing Boy Scout Troop 282’s request for placing temporary signs in the public right-of-way. Policy consideration: None at this time. Summary: The Boy Scout Troop 282 requests installation of temporary signs in the public right- of-way for their annual Waffle and Sausage Breakfast event. The council granted a similar request for the Boy Scouts Troop 282 since 2017, and the Lion’s Pancake Breakfast every year since 2005. Section 36-362(e)(2) of the zoning code states that prohibited signs include, “Signs on or over the public right-of-way unless the city council grants permission for a temporary sign on or over the public right-of-way for a period not to exceed ten days.” The requested signs advertise the Waffle and Sausage Breakfast event scheduled for Sunday morning, June 16th, 2019. This activity is a fundraiser for the Troop. The request is to install 10 sandwich board style signs as early as June 8, 2019. The signs will be removed on the day of the event. Financial or budget considerations: None. Strategic priority consideration: Not applicable. Supporting documents: Resolution Sign location list Letter from Boy Scout Troop 282 Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4g) Page 2 Title: Boy Scout Troop 282 temporary signs in the public right-of-way Resolution No. 19-____ Resolution approving the Boy Scout Troop 282's application for the placement of temporary signs within the public right-of-way Whereas, The Boy Scout Troop 282 made application for the placement of 10 temporary sandwich board type signs for eight days beginning June 8, 2018; and Whereas, pursuant to Section 36-362(e)(2) of the St. Louis Park Zoning Ordinance, the city council may approve the placement of temporary signs within the public right-of-way for a period not to exceed 10 days; Now, therefore, be it resolved that the city council hereby approves the Boy Scout Troop 282's application for the placement of 10 sandwich board type temporary signs within the public right-of-way beginning June 8, 2019, and removed immediately following the conclusion of the event on June 16, 2019. Be it further resolved that the size and placement of the 10 sandwich board signs are approved as shown on the attached sign plan (Exhibit A). Reviewed for Administration: Adopted by the City Council April 15, 2019 _________________________________ ___________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: _________________________________ Melissa Kennedy, City Clerk Page 3 City council meeting of April 15, 2019 (Item No. 4g) Title: Boy Scout Troop 282 temporary signs in the public right-of-way NumberTypeWidthHeightMap Location #Map Location1Two sided sawhorse / sandwich board type2' 3'AWolf Park Way & Natchez Avenue (South End of Park)1Two sided sawhorse / sandwich board type2' 3'BMonterey Drive @ W36 1/2 Street (south of park trail)1Two sided sawhorse / sandwich board type2' 3'CMonterey Drive & Belt Line Blvd.1Two sided sawhorse / sandwich board type2' 3'DMonterey Drive & Raleigh Avenue1Two sided sawhorse / sandwich board type2' 3'EExcelsior Blvd. & Louisiana Avenue1Two sided sawhorse / sandwich board type2' 3'FWooddale Avenue & 36th Street1Two sided sawhorse / sandwich board type2' 3'GMinnetonka Blvd @ Louisiana Ave (sw corner of intersection)1Two sided sawhorse / sandwich board type2' 3'HCedar Lake Road & Louisiana Avenue1Two sided sawhorse / sandwich board type2' 3'IPrince of Peace Lutheran Church Highway 7 & Texas1Two sided sawhorse / sandwich board type2' 3'JSpirit of Christ Community Lutheran 5801 Minnetonka Blvd.Louisiana Ave @ N Side Park (w side by bench over looking park)Legend:Installed 8 days prior to event. Removed by 4:00 pm day of the event.Boy Scout Troop 3282Waffle Breakfast Sign Installations27-Mar-19 City council meeting of April 15, 2019 (Item No. 4g) Page 4 Title: Boy Scout Troop 282 temporary signs in the public right-of-way Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4h Executive summary Title: Second reading of ordinance regulating mobility sharing operations Recommended action: Motion to approve second reading and adopt Ordinance regulating mobility sharing operations and approve the summary ordinance for publication. Policy consideration: Does the city council wish to establish regulations for mobility sharing operations within the city? Summary: Since the first reading was approved on April 1, at the advice of the city attorney staff added language limiting the number of mobility sharing licenses available in the city to the proposed ordinance regulating mobility sharing services. The language caps the number of licenses available to mobility sharing providers to three (3). The city attorney also advised staff to edit language in the ordinance to add the word “contract” when referencing licenses and agreements to better reflect how other cities have constructed their ordinances. So this would now read “contract or license” or “contract or agreement”. The overall ordinance prohibits mobility sharing vendors from operating in the city without a license or contract, establishes the city’s ability to impound devices, and establishes fees relating to impoundment and licensing. The number of licenses available to mobility sharing can be increased or decreased in the future. The change would require a change to the ordinance. The date of the ordinance summary publication is planned to be April 25, 2019 and the ordinance will be in effect on May 10, 2019 Financial or budget considerations: The ordinance adds fees related to impoundment and licensing to the fee schedule in city code. These funds will be used to offset city cost for oversight and regulation of the pilot, and to support the development of infrastructure relating to the pilot. 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 Updated proposed ordinance Mobility sharing pilot recommendations study session report (March 25, 2019) (begins page 71) First reading of ordinance regulating mobility sharing operations (April 1, 2019) (begins page 136) Prepared by: Ben Manibog, Transportation Engineer Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4h) Page 2 Title: Second reading of ordinance regulating mobility sharing operations Discussion Background: At the March 25, 2019, study session, staff provided the city council with information regarding staff’s recommendations on beginning a mobility sharing pilot in St. Louis Park. The report described the approval process for a mobility sharing ordinance which is provided in this report. Present considerations: There are edits made to the draft ordinance regulating mobility sharing operations broken down into three categories. Number of licenses available At the advice of the city attorney, staff added language limiting the number of mobility sharing licenses available in the city to the proposed ordinance regulating mobility sharing services. The language caps the number of permits available to mobility sharing providers to three (3). The added language reads as follows: Sec. 30-251. License required. ** (c) A maximum of three (3) mobility sharing contracts or licenses shall be allowed within the city. ** License and agreement language The city attorney also advised staff to edit language in the ordinance to add the word “contract” when referencing licenses and agreements to better reflect how other cities have constructed their ordinances. So this would now read “contract or license” or “contract or agreement”. An example of this reads as follows: ** Sec. 30-252. Control of right of way Contracts or licenses issued pursuant to this chapter shall not operate so as to transfer ownership or control of the public right of way to mobility sharing operators, or to any other party. ** Calendar dates In the original draft of the ordinance, under Section 3, there is an “(insert text)” that was not filled in referring to when the proposed ordinance is to take effect. It is shown in the table in Section 3 that the intended date the ordinance was to take effect was May 10, 2019. In addition, the date of publication was listed as April 18, 2019. The intended date of publication is April 25, 2019, the 18th is the date when the summary is sent to the Sun Sailor. The new date represents the typical ten (10) calendar day duration between the second reading and the ordinance’s publication. In the ordinance, the edits are as follows with deletions struck through and additions underlined: ** City council meeting of April 15, 2019 (Item No. 4h) Page 3 Title: Second reading of ordinance regulating mobility sharing operations Section 3. This ordinance shall take effect on (insert text) May 10, 2019. ** Next steps: Adoption process and schedule Staff has developed the following steps and schedule for adopting the ordinance: Draft ordinance published to city website March 22, 2019 Study session – report March 25, 2019 First reading April 1, 2019 Second reading (adopt ordinances, approve summary, and authorize summary publication) April 15, 2019 Submit summary to Sun Sailor April 18, 2019 Summary publication April 25, 2019 Ordinance effective date May 10, 2019 First Reading April 1, 2019 Second Reading April 15, 2019 Date of Publication April 18 25, 2019 Date Ordinance takes effect May 10, 2019 Ordinance No. ___-19 An ordinance regarding mobility sharing operations The City of St. Louis Park does ordain: Section 1. That Chapter 30 of the Code of Ordinances, City of St. Louis Park, Minnesota, is hereby amended by adding the underscored language. Article VII. Mobility Sharing Operations Sec. 30-212. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bicycle shall have the meaning specified in Minnesota Statute Section 169.011. Motorized foot scooter shall have the meaning specified in Minnesota Statute Section 169.011. Vehicle shall have the meaning specified in Minnesota Statute Section 169.011. Low power vehicle shall include motorized foot scooters, and any other powered transportation device expressly identified as such pursuant to city council action. A current list of any devices added to and included in this definition shall be kept on file by the director of engineering, and will be made readily available for public inspection. Bicycle sharing shall mean any rental or lending services that: (1)Allows bicycle riders to temporarily use bicycles available from a fleet in exchange for a fee or other form of direct or indirect compensation; and (2)Encourages, allows, or is susceptible to bicycle vending, renting, or lending from public right of way or other city property. Low power vehicle sharing shall mean any rental or lending services that: (1)Allows low power vehicle riders to temporarily use low power vehicles available from a fleet in exchange for a fee or other form of direct or indirect compensation; and (2)Encourages, allows, or is susceptible to low power vehicle vending, renting, or lending from public right of way or other city property. Page 4 City council meeting of April 15, 2019 (Item No. 4h) Title: Second reading of ordinance regulating mobility sharing operations Page 5 Car sharing shall mean any rental or lending services that: (1)Allows qualified drivers to temporarily use vehicles available from a fleet in exchange for a fee that is based on mileage and/or duration of use; and (2)Conducts its vehicle vending from parking spaces located in the public right of way. Car sharing does not mean a vehicle rental or lending service using a daily rental charge or requiring a minimum twenty-four (24) hour rental period. Mobility sharing shall mean any one, any combination of, or all of the following: (1)Bicycle sharing (2)Low power vehicle sharing (3)Car sharing Sec. 30-213. Impounding authorized (a)Bicycles or low power vehicles may be impounded by any police officer, duly authorized city employee, or city-licensed impoundment contractor because: (1)The bicycle or low power vehicle was found unattended and blocking traffic or public infrastructure, or otherwise compromising public safety. (2)The bicycle or low power vehicle is part of an unpermitted mobility sharing operation and is found in violation of one or more provisions of Division 3 of this article. (3)The bicycle or low power vehicle is found in violation of one or more of the terms of a contract or license issued under Division 3 of this article. (b)All bicycles or low power vehicles found in violation of this section are subject to impoundment without warning. (c)“Impoundment” or “impound’ as used in this article means removal of a bicycle or low power vehicle to a temporary storage location or designated impound facility by the city, or by a city-licensed impoundment contractor, in response to authorization from a police officer, traffic control agent, or other city employee who is designated by the director of engineering to act under this section. (d)Not more than seventy-two (72) hours after impoundment of any bicycle or low power vehicle, the city shall attempt notice to the owner of the device, as disclosed by readily identifiable owner contact information attached to the bicycle. The notice shall be attempted by telephone, electronic mail, or U.S. mail. The notice shall outline the impoundment and redemption process. If a bicycle is redeemed prior to the submission of notice, or if the city is unable to readily identify the owner, then the notice need not be sent. Saturdays, Sundays, and city holidays are to be excluded from the calculation of the seventy-two (72) hour period. City council meeting of April 15, 2019 (Item No. 4h) Title: Second reading of ordinance regulating mobility sharing operations Page 6 City Council Meeting of April 15, 2019 (Item No. 4h) Title: An ordinance regarding mobility sharing operations (e)All bicycles or low power vehicles impounded under this section shall be subject to an impounded fee that is sufficient to offset the city’s costs of enforcement and storage for each such device. Sec. 30-214. Sale of impounded bicycles. Any bicycle lawfully coming into the possession of the city and remaining unclaimed by the owner for a period of at least thirty (30) days may be sold to the highest bidder at public auction or sale following reasonable published notice. Sec. 30-215. Sale of impounded low power vehicles. Any low power vehicle lawfully coming into the possession of the city and remaining unclaimed by the owner for a period of at least thirty (30) days may be sold to the highest bidder at public auction or sale following reasonable published notice. Secs. 30-216--30-230. Reserved. Division 2. Operation Sec. 30-231. State bicycle laws apply. The operation of a bicycle upon any public street, alley, highway, sidewalk, or other public property in the city shall be governed by the provisions of Minnesota Statutes, Section 169.222 together with this chapter. Sec. 30-232. State operation laws apply. The operation of each form of low power vehicle upon a public street, alley, highway, sidewalk, or other public property in the city shall be governed by the corresponding provisions of Minnesota Statutes, Chapter 169. Secs. 30-233--30-250. Reserved. Division 3. Mobility sharing operations Sec. 30-251. Contract or license required. (a)Notwithstanding any other provision to the contrary, no person shall engage in the business of mobility sharing from public right of way or other city property without a valid contract or license agreement with the city. As used in this chapter, the words “contract” or “license” shall mean a written contract or agreement issued by the engineering director, with formal approval by the city council. Page 7 City Council Meeting of April 15, 2019 (Item No. 4h) Title: An ordinance regarding mobility sharing operations (b)Any bicycle or low power vehicle that is part of a mobility sharing operation not authorized by contract or license under this section shall be deemed an unpermitted bicycle or unpermitted low power vehicle. Any person in possession of an unpermitted bicycle or low power vehicle may ride such device into and through the city, subject to all applicable state and local laws and rules, including but not limited to any ordinances promulgated by Three Rivers Park District and the Minneapolis Park and Recreation Board. All unpermitted bicycles or low power vehicles must be attended by the same user at all times while on public right of way or other city property. As used in this article, “attended” means a readily identifiable user is located within five feet of the bicycle. (c)A maximum of three (3) mobility sharing contracts or licenses shall be allowed within the city. Sec. 30-252. Control of right of way. Contracts or licenses issued pursuant to this chapter shall not operate so as to transfer ownership or control of the public right of way to mobility sharing operators, or to any other party. Sec. 30-253. Compliance with laws. Mobility sharing operators and consumers shall comply with all applicable federal, state, and local laws, as they may be amended from time to time. Sec. 30-254. Attachment of bicycles prohibited. Bicycles that are part of any mobility sharing operation shall not, for any length of time, be secured, attached, or connected to a bicycle rack, or any other immovable object with a lock unless expressly permitted under city contract or license. Sec. 30-255. Attachment of low power vehicles prohibited. Low power vehicles that are part of any mobility sharing operation shall not, for any length of time, be secured, attached, or connected to a bicycle rack, or any other immovable object, with a lock unless expressly permitted under city contract or license. Sec. 30-256. Exclusive use of bicycle sharing stations. Bicycles that are part of any mobility sharing operation shall not be parked, for any length of time, in a designated, city-permitted bicycle sharing station unless such bicycle is permitted by a valid contract or license under Section 30-251. All city-permitted bicycle sharing stations will be clearly identified. Sec. 30-257. Exclusive use of low power vehicle sharing stations. Page 8 City Council Meeting of April 15, 2019 (Item No. 4h) Title: An ordinance regarding mobility sharing operations Low power vehicles that are part of any mobility sharing operation shall not be parked, for any length of time, in a designated, city-permitted low power vehicle sharing station unless such low power vehicle is permitted by a valid contract or license under Section 30- 251. All city-permitted low power vehicle sharing stations will be clearly identified. Sec. 30-258. Enforcement (a)Bicycles or low power vehicles may be deemed to be part of a mobility sharing operation based on any of the following: marketing or advertising associated with a business logo attached to the device; marketing or advertising associated with the overall appearance of the device; the existence of a locking mechanism that can be unlocked for a fee or other form of direct or indirect compensation; or any other indicator that would lead a reasonable person to believe that the device is used for mobility sharing as defined in this chapter. (b)Any bicycle or low power vehicle deemed to be part of a mobility sharing operation that is found illegally parked, left unattended on public right of way or other city property for a period of more than fifteen (15) minutes, or otherwise in violation of the terms of a valid city contract or license, shall be subject to impoundment under Division 1 of this article. (c)Any bicycle or low power vehicle deemed to be part of a mobility sharing operation that is left unattended on private property shall be subject to impoundment under Division 1 of this article. Impoundment shall not occur unless, and until, a qualifying request to remove the device is made by the owner or authorized representative of such property. (d)In addition to any other remedy available at equity or law, failure to comply with the provisions of this Article VII, or with the terms of any contract or license issued pursuant to the provisions of Section 30-251, may result in impoundment as provided in this article, license revocation, suspension or cancellation, administrative fines, restrictions, or penalties as provided in Chapter 1 of this code. Secs. 30-259--30-290. Reserved Page 9 City Council Meeting of April 15, 2019 (Item No. 4h) Title: An ordinance regarding mobility sharing operations Section 2. That Appendix A of the Code of Ordinances, City of St. Louis Park, Minnesota, is hereby amended by adding the underscored language. Section breaks are represented by ***. ENGINEERING DEPARTMENT *** Mobility Sharing Device Impoundment Impoundment fee $56 per mobility sharing device Storage fee $18 per day if not retrieved in the same day of impoundment. License Fee $100 per mobility sharing device Section 3. This ordinance shall take effect on May 10, 2019 Reviewed for administration: Adopted by the City Council April 15, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading April 1, 2019 Second Reading April 15, 2019 Date of Publication April 25, 2019 Date Ordinance takes effect May 10, 2019 Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4i Executive summary Title: 2019 SCADA System Replacement Project No. 5318-5006 Recommended action: Motion to adopt Resolution accepting the project report, establishing the 2019 SCADA Replacement Project (5318-5006), approving plans and specifications, and authorizing advertisement for bids. Policy consideration: Does the city council wish to pursue the replacement and upgrade of the SCADA system to ensure that it will continue to serve the current and future needs of the city’s citizens? Summary: Reliable water systems within a community, whether it's drinking water, wastewater, or stormwater, are critical to meeting the basic needs of its citizens. Operating and maintaining each of these complex utility systems relies heavily upon the effective performance of the Supervisory Control and Data Acquisition (SCADA) system. St. Louis Park has identified the need to upgrade their SCADA system. Financial or budget considerations: This project is included in the city’s 2019 capital improvement plan (CIP) and will be paid for using the water utility, sanitary sewer and storm sewer funds. The total cost estimate for the project is $2,455,250.00. Additional information on the breakdown of the funding can be found later in this report. Strategic priority consideration: Not applicable. Supporting documents: Discussion Resolution Prepared by: Aaron Wiesen, Project Engineer Reviewed by: Mark Hanson, Public Works Superintendent Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4i) Page 2 Title: 2019 SCADA System Replacement Project No. 5318-5006 Discussion Background: Upgrading the Supervisory Control and Data Acquisition (SCADA) system creates resiliency, allows the latest technologies to be integrated, and enables the system to be expandable for future applications. The best way for the City to accomplish this is was to start by selecting a consultant with the deepest knowledge of current SCADA technologies, system design, integration, and long-term operation. AE2S was selected due to their extensive experience with SCADA systems through designing, programming, and supporting systems similar to St. Louis Park's. •The fully customized SCADA System will be tailored to both current and future needs. It is not often that a city has the ability to replace their entire SCADA system. St. Louis Park has a unique opportunity for implementing a new generation SCADA system by replacing existing components, customizing their control sequences, implementing current, proven SCADA technologies, and tailoring their overall SCADA experience to their growing needs. •The current technologies ensure efficient, compatible, and reliable operation. The use of technology in a SCADA system allows the operators to manage their system efficiently and make confident decisions. Using new technologies provides operational improvements for resiliency, redundancy, restoration, alarming, data collection, and reporting. •The system has long-term reliability through responsible design and rigorous testing. In order to create a high level of confidence in the SCADA system, it must be designed to operate the utility systems correctly, using readily available components. Working with the City, AE2S will coordinate with staff to teach the operations of your system, ensuring that SCADA will be controlling everything correctly. Consideration will be taken as to how SCADA functions in the event of a hardware failure, and what steps must be taken to return to normal operation. AE2S expects and requires extensive system testing to verify that all functions of the SCADA system work correctly. In the event that the SCADA system needs future service, AE2S has local SCADA programmers and electrical engineers who will respond quickly. In general, the SCADA System Replacement project work consists of the removal of existing programmable logic controllers (PLCs), operator interface terminals (OITs), radios, and the supply and installation of new PLCs, OITs, Ethernet switches, and other appurtenances for existing control panels located at three (3) well houses, seven (7) water treatment plants, one (1)elevated water tank, four (4) storm water lift stations, and sixteen (16) sanitary lift stations. Complete control panel replacement for one (1) existing storm water lift station and seven (7) existing sanitary lift stations will be performed. This project will utilize a combination of cellular and fiber communications to replace the radio communication system. This also includes providing new supervisory control and data acquisition (SCADA) servers and software, and implementing several system monitoring redundancies. City council meeting of April 15, 2019 (Item No. 4i) Page 3 Title: 2019 SCADA System Replacement Project No. 5318-5006 Financial or budget considerations: The following table outlines the estimated project cost and anticipated funding sources for this project. CIP Engineer's Estimate Construction Cost $3,100,000.00 $2,135,000.00 Engineering & Administration $200,000.00 $320,250.00 2019 SCADA Project Total $3,300,000.00** $2,455,250.00 Funding Sources Water Utility $1,100,000.00 $818,416.67 Sanitary Sewer Utility $1,100,000.00 $818,416.67 Stormwater Utility $1,100,000.00 $818,416.66 2019 SCADA Project Total $3,300,000.00** $2,455,250.00 ** The installation and programming of the fiber/cellular system to connect the SCADA System is being completed under a separate contract. The CIP budget listed here includes this cost. The cost for the installation and programming of the fiber/cellular system is $570,360. The engineer’s estimate cost of both contracts are still under the CIP budget. Next steps: The proposed schedule for the project to facilitate construction completion in 2020 is as follows: SLP SCADA Improvements Design Project Schedule City Council Approval April 15, 2019 Advertise for Bids April 23-May 14, 2019 Bid Opening May 14, 2019 City Council Contract Awarded May 20, 2019 Notice to Proceed Late May 2019 SCADA System Construction/Administration June 2019 - June 2020 Substantial Completion May 2020 SCADA System Training - Final/Review June 2020 Final Completion/Installation Completed June 2020 City council meeting of April 15, 2019 (Item No. 4i) Page 4 Title: 2019 SCADA System Replacement Project No. 5318-5006 Resolution No. 19-____ Resolution accepting the project report, establishing improvement project no. 5318-5006, approving plans and specifications and authorizing advertisement for bids for improvement Project No. 5318-5006 Whereas, the City Council of the City of St. Louis Park has received a report from the Project Manager related to the 2019 SCADA System Replacement Project. Now therefore be it resolved by the City Council of the City of St. Louis Park, Minnesota, that: 1.The Project Report regarding Project No. 5318-5006 is hereby accepted. 2.Such improvements as proposed are necessary, cost effective, and feasible as detailed in the Project Report. 3.The proposed project, designated as Project No. 5318-5006, is hereby established and ordered. 4.The plans and specifications for the making of these improvements, as prepared under the direction of the Public Works Superintendent, or designee, are approved. The Public Works Superintendent is allowed to make adjustments to these plans and specifications. 5.The City Clerk shall prepare and cause to be inserted at least two weeks in the official City newspaper and in relevant industry publications an advertisement for bids for the making of said improvements under said-approved plans and specifications. The advertisement shall appear not less than 10 days prior to the date and time bids will be received by the City Clerk, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a bid bond payable to the City for five (5) percent of the amount of the bid. 6.The Engineering Director, or designee, shall report the receipt of bids to the City Council shortly after the letting date. The report shall include a tabulation of the bid results and a recommendation to the City Council. Reviewed for Administration: Adopted by the City Council April 15, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4j Executive summary Title: Approve professional services contract amendment – Cedar Lake Road reconstruction project (4019-1100) Recommended action: Motion to authorize execution of contract amendment #2 for professional services with Bolton & Menk, Inc. in the amount of $727,824. Policy consideration: Does the city council wish to continue to implement our pavement management program? Summary: The construction contract for Cedar Lake Road was awarded to Valley Paving, Inc. at the April 1, 2019 City Council meeting. Private utility companies have started to replace infrastructure within the corridor. In early May of 2019, Valley Paving, Inc. will begin reconstructing Cedar Lake Road between Kentucky Avenue and Quentin Avenue. Construction of this section of Cedar Lake Road is expected to wrap up in November of 2019. Cedar Lake Road carries a lot of traffic and is an important east/west route for the City and it’s visitors. Due to the amount of traffic, the city has designated Cedar Lake Road as a Municipal State Aid (MSA) road. This designation makes it eligible for state funding (gas tax). A consultant is needed for construction administration of this project in order to deliver this project in 2019. Bolton and Menk has successfully completed other construction services for the City and has most of the background information from completing the design of this corridor. Financial or budget considerations: This project is included in the city’s capital improvement program (CIP) for 2019. Staff is asking for approval of amendment #2 in the amount of $727,824. Amendment #2 is consistent with the estimate for professional services which was provided to the city council at the April 1, 2019 meeting. Funding will be provided by a combination of MSA, utility funds, and General Obligation Bonds (bikeway, sidewalks and trails). 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 Location map Prepared by: Joseph Shamla, Sr. Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4j) Page 2 Title: Approve professional services contract amendment – Cedar Lake Road reconstruction project (4019-1100) Discussion Background: The consulting firm Bolton & Menk, Inc. was awarded the preliminary design contract for this project on June 18, 2018. An amendment was approved on October 15, 2018 to complete the final design for the Cedar Lake Road improvements. The City Council approved the construction contract with Valley Paving, Inc. at the April 1, 2019 City Council meeting. The scope of the Cedar Lake Road improvement project includes the following: •New pavement from Kentucky Avenue to Quentin Avenue. •Construction of a one way cycle track and a new sidewalk on the south side of Cedar Lake Road. •Bike lane installation on the north side of Cedar Lake Road. •Roundabout construction at the intersection with Zarthan Avenue. •Signal rehabilitation at Park Place Boulevard. •Replacement of all light poles within the project and upgrade to LED fixtures. •Bump outs at intersections for traffic calming and for shorter pedestrian crossings. •Rapid flashing beacons for safer crossings at Hampshire and Dakota Avenue. •Watermain replacement between Kentucky Avenue and Zarthan Avenue. •Miscellaneous utility rehabilitation. Contract amendment: Bolton and Menk, Inc. has completed the design of Cedar Lake Road. Staff is requesting additional services for the construction of these improvements. The amendment cost shown below includes construction administration and surveying by Bolton and Menk. In addition, this amendment also covers material testing services that are subcontracted Braun Intertec. Please see summary below. Amount Preliminary design contract – approved $248,126 Final design (Amendment #1) – approved $824,276 Amendment # 2 construction services $727,824 Total professional services $1,800,226 The estimated construction cost of this project is $9,134,439. The contract for professional services with this amendment will be 19.7% of the estimated construction cost. Industry standard for engineering cost on construction projects can range from 20% to 35% depending on the complexity of the project. Staff has a high expectation for resident and business support and responsiveness from the consultant. Cedar Lake Road is a Municipal State Aid street and there are many facets of the project which will require coordination with MnDOT, Xcel Energy, and CenterPoint Energy. As a result, we believe that the contract cost is consistent with the scope and demands of this project. Schedule: Construction will begin in early May with completion in November 2019. Tree replacement along the corridor will occur in the spring of 2020. ?úA@ %&e( 14th Street West 26th Street Wes t Pa r k woodsRoadCedarLakeR oadLouisianaAvenueSouthPark Place BoulevardP a r k d a le D r iv e Franklin AvenueWest Ga m b le Drive 25th Street Wes t Wayzata B oulevard Douglas Avenue WebsterAvenueSouthF orest RoadZarthanAvenue SouthHampshireAvenueSouth28th Street West ParklandsRoadGeorgiaAvenueSouthCeda r wood R o adKentucky Avenue South27th Street West Kentucky L a n e18th Street West 25 1/2 Street West 22nd Street West 24th Street W e st IdahoAvenueSouthFloridaAvenueSouthUticaAvenueSouthDakotaAvenueSouthEliot View RoadAvondaleRoad Fairlawn WayMontereyAvenueSouthQuentinAvenueSouthRaleighAvenueSouthSalemAvenueSouthToledoAvenueSouthMarylandAvenueSouthNevadaAvenueSouthLouisiana C ourtYosemiteAvenueSouthStateHighway100FrontageRoadNatchezAvenueSouthSunset Rid g e 23 rd S tre e tWestBarry Street VernonAvenueSouthXenwoodAvenueSouth16th Street West EdgewoodAvenueSouthAlabama Avenue SouthColoradoAvenueSouthKiplingAvenueSouthJerseyAvenueSouthLynn Avenue SouthRidge DriveMap Document: \\arcserver1\GIS\STLP\C18116699\ESRI\Maps\STLP_8X11L_CedarLakeProject.mxd | Date Saved: 8/24/2018 1:46:46 PMCedar Lake Road Project Area 0 0.25MilesSource: Hennepin County, MnGeo Cedar Lake RoadCity of St. Louis Park Project Area Map August 2018 Legend !I City council meeting of April 15, 2019 (Item No. 4j) Title: Approve professional services contract amendment – Cedar Lake Rd reconstruction project (4019-1100)Page 3 Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4k Executive summary Title: Approve contract with US Digital Designs, Inc. Recommended action: Motion to authorize the execution of a contract with US Digital Designs, Inc. for a fire station alerting system. Policy consideration: Not applicable. Summary: A station alerting system is the integrated system that takes the dispatch calls, alerts the fire stations, assigns vehicles, supplies mapping, call specifics and adjusts for multiple calls and multiple station response based on demand and time of day. The original station alerting system is no longer able to be upgraded and is need of replacement. This contract covers the hardware, software and implementation costs of a new station alerting system from US Digital Design, Inc. This product has been successfully deployed in our neighboring fire departments The fire department plans to do an initial kick off meeting with the vendor on May 17, 2019 with an install date of July 15, 2019 and ongoing testing throughout the summer. The projected go live date is October 15, 2019. The contract and its specifics were reviewed and approved by the City Attorney. Financial or budget considerations: The total amount of this contract is $213, 487. The project is included in the approved 2019 CIP. Strategic priority consideration: Not applicable. Supporting documents: US Digital Designs, Inc. contract Prepared by: Steve Koering, Fire Chief Approved by: Tom Harmening, City Manager US Digital Designs END USER’S ACKNOWLEDGMENT AND AGREEMENT This End User’s Acknowledgment and Agreement (“EUAA”) is made by and between US Digital Designs, Inc. (“USDD”), with its principal place of business at 1835 East Sixth Street, Suite 27, Tempe, Arizona 85281 and the following entity (“End User”): City of St. Louis Park – NPP Membership #M-5720409. St. Louis Park Fire Rescue 3750 Wooddale Ave. S. St. Louis Park, MN 55416 Attn: Steve Koering, Fire Chief Phone: 952-924-2596 Email: skoering@stlouispark.org Recitals: a.The Public Procurement Authority (“PPA”), a subdivision of the State of Oregon, issued its Request for Proposal #1425 (“RFP”). b.USDD submitted its response to the RFP on December 8, 2014. c.The PPA issued a Notice of Award on March 6, 2015. d.The PPA and USDD entered into a Master Price Agreement dated August 21, 2015 (“MPA”) for the purchase of USDD “Products” and “Services” (as defined below), which agreement is made available by its terms for use by End User. e.End User has or intends to issue a Purchase Order to USDD under the terms of the MPA for the acquisition of USDD Products and Services. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 2 2 f.USDD’s obligation to perform under the MPA is contingent, in part, on USDD’s receipt of End User’s acknowledgement and agreement regarding (i) the “Warranty” (as defined below), (ii) USDD’s retention of all rights to its “Intellectual Property” (as defined below), (iii) the software license set forth herein, (iv) the terms of installation, technical specifications, and scopes of work, and (v) other terms and conditions necessary to facilitate and govern the transaction (collectively “Contingencies”). This EUAA is intended to provide that acknowledgement and agreement. g.End User desires to purchase the Products and Services described in the “Quote” (as defined below) through the MPA and in accordance with the provisions of this EUAA. Therefore, in order to satisfy the Contingencies and facilitate the transaction, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, USDD and End User hereby agree as follows: 1.Definitions. For purposes of this EUAA, the following terms shall have the following meanings: a. “Additional Services” means any and all services performed by USDD at the instruction or request of End User through its authorized personnel, including any Engineering Services that are not specifically included in the “Scope of Work” (as defined below). b.“Communications Gateway” means the pair of redundant servers used as the master communications hub for the System as set forth in the Quote. c. “Engineering Services” means engineering or project management services performed by USDD’s employees, agents or contractors directly related to planning and documenting the layout, design, project schedule, installation, and functionality of the System as a whole and at each individual installation site. d.“GaRI Audio Interface” means the proprietary USDD VoiceAlert Radio Hardware component integrated into the Communications Gateway. e. “Hardware” means a physically tangible electro-mechanical system or sub-system and associated documentation provided to End User by USDD, provided however, that Hardware shall not include any televisions, monitors, iPads or computer tablets manufactured by third parties. f.“Intellectual Property” means any and all rights of USDD related to USDD’s products, Software, and Hardware, existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all derivative works, work product, applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 3 3 g.“Products” means the Hardware, Software and other tangible goods, equipment, supplies and components included in the Quote. h.“Quote” means the document attached as Exhibit A. i.“Scope of Work” means the document attached at Exhibit B. Scope of Work excludes any goods or services to be provided under the Service Agreement. The Scope of Work applies only to the Products and Services included in the Quote. j.“Service Agreement” means the document attached as Exhibit C. k.“Services” means the installation, configuration, startup, testing, training, and other services set forth in the Scope of Work as limited by the Quote. l.“Software” means software programs, including embedded software, firmware, executable code, linkable object code, and source code, including any updates, modifications, revisions, copies, documentation, and design data that are licensed to End User by USDD under this Agreement. m.“Station Controller” means the CPU and related computer components (whether USDD’s ATX or ATU model) to be installed at each fire station as described in the Quote. n.“System” means all Hardware and Software purchased by End User through the MPA or directly from USDD under any contract, purchase order, or arrangement that is used exclusively by End User as part of its fire station alerting system, including without limitation the “PO’s” (as defined below), provided however, that the term “System” specifically excludes any components, hardware, or software provided by third parties, including without limitation End User’s computers, lap tops, computer peripherals, monitors, televisions, routers, switches, operating systems, computer programs, applications, internet and network connections, and any other parts or items not provided to End User directly by USDD. System also excludes any consumer electronics purchased through USDD (such as televisions purchased for use as monitors or signs, iPads, computer tablets, monitors and like merchandise). o.“VoiceAlert Radio” means the Software that controls the GaRI Audio Interface and functionality of the optional radio alert system. p.“Warranty” means the New System Warranty attached as Exhibit D. q.Undefined technical terms, specifications and acronyms used throughout this EUAA shall have the meanings generally attributed to them in the fire station alerting industry. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 4 4 2.Products and Services. Upon receipt of a Purchase Order or Notice to Proceed (“Notice”) from End User for Products and Services described in the Quote, USDD will provide the Products and perform the Services pursuant to the terms of this EUAA and the MPA. The Quote is subject to correction for errors and omissions, including the omission of any excise, use, or transaction levy, use fees, access fees, programs fees, audit fees, or other costs or reductions to the purchase price imposed by any code, statute, rule, regulation, executive order or program not specifically included as a line item in the Quote. Upon delivery to End User’s site, End User shall bear all risk of loss or damage to any Products occurring thereafter. 3.Invoices and Payment. a.All Products and Services identified in the Quote are being purchased by End User through the MPA. b.USDD shall invoice End User directly for (i) any Products and Services delivered to or performed for End User (ii) all Additional Services, and (iii) all Products provided to End User that are not identified in the Quote on a monthly basis. All invoices shall be due and payable within thirty days of receipt in United States currency, free of exchange, or any other charges. c.Invoices unpaid for 30 days are subject to interest at 18% per annum. 4.Design and Installation Services. a.Within 30 days after the execution of this EUAA or USDD’s receipt of End User’s Notice, whichever is later, the parties shall participate in a project meeting at a place and in a manner as shall be reasonably convenient (“Project Meeting”). End User will use its best efforts to have all necessary representatives present at the Project Meeting. b.Either party may elect to participate in the Project Meeting remotely via video or telephone conference. c.USDD will provide a proposed project schedule for discussion at that time or otherwise consult with End User regarding development of a project schedule. d.Thereafter, USDD and End User will collaborate to plan and document the layout, and installation protocols for each individual installation site and finalize the project schedule (collectively the “Design Phase”) consistent with the Quote and the Statement of Work. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 5 5 e.End User shall issue its authorization to proceed with delivery of the Products and Services set forth in the Quote within 5 days of completion of the Design Phase. f.Upon issuance of End User’s authorization to proceed, no changes will be made to the design of the System except upon written change order. 5.Subsequent Purchases. At any time during the term of the MPA, End User may purchase additional Products and Services, through the MPA, by issuance of a Notice incorporating the terms of this EUAA. 6.Training. Pursuant to a mutually agreed upon schedule, USDD shall provide training as set forth in the Scope of Work for the price stated in the Quote. Except as otherwise set forth in the Quote, all additional training provided by USDD shall be charged at the hourly rates applicable under the MPA, plus reasonable costs and expenses incurred by USDD related to the training. Reasonable costs and expenses shall include air fare, lodging, meals, ground transportation, shipping, document reproduction, and other reasonably necessary costs and expenses related to the training. No additional training shall be provided until the parties have executed an agreement setting forth the scope, cost, and schedule for the additional training. 7.Acceptance of Station Installation. Upon substantial completion of installation at each fire station and at the End User’s dispatch center, USDD or its subcontractor shall prepare and deliver to End User a written request for End User’s acceptance of the installation (“Request for Acceptance”). Upon presentation of the Request for Acceptance, End User shall inspect the station installation and (i) accept the installation as presented, or (ii) accept the installation subject to completion of specified tasks necessary for the installation to comply with the Scope of Work (“Punch List”); or (iii) reject the installation by written notice to USDD specifically identifying the defects and deficiencies of the installation that are not in compliance with the Scope of Work (“Rejection Notice”). If End User accepts the installation subject to a Punch List, the installation shall be deemed materially complete. The Punch List shall specifically identify each task or item that is not in compliance with the Scope of Work and proposed dates for completion, which in all instances shall be reasonable, but not less than 10 days. Thereafter, USDD shall address all Punch List items in a timely and reasonable fashion and the installation shall be deemed complete and accepted. If End User rejects the installation the Rejection Notice shall specifically identify each defect, deficiency, task or item that is not in compliance with the Scope of Work and proposed dates for completion, which in all instances shall be reasonable, but not less than 10 days. Thereafter, USDD shall cause the installation to comply with the Scope of Work and submit a second Request for Acceptance. 8.System Acceptance Testing. Within 60 days of the date the entire System installation is substantially complete and basic functionality has been demonstrated to the System Administrator, USDD and End User shall jointly develop a written acceptance testing procedure (“ATP”) and commence a test of the System (“Acceptance Test”) consistent with the ATP. The ATP shall be based on the System standards and criteria set forth in City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 6 6 the Scope of Work and the final configuration of the System as actually installed. Failure of the End User to participate in the development of the ATP and to jointly perform the Acceptance Test with USDD in good faith shall constitute End User’s irrevocable acceptance of the System. Upon successful completion of the Acceptance Test, including correction by USDD of any defects or deficiencies identified during the Acceptance Test period, End User shall provide USDD with a “Certificate of Completion” in a form acceptable to USDD. If End User believes the Acceptance Test was unsuccessful, and if End User has complied with all “End User Obligations” (as defined below), End User may within seven days of the date on which the Acceptance Test is complete, provide USDD with written notice specifying the standards or criteria not met (“Failure Notice”). If within 30 days of the Failure Notice, USDD has not caused the System to meet the standards and criteria set forth in the Failure Notice, End User may pursue its remedies under the MPA and this EUAA. Failure of End User to provide a timely Failure Notice shall constitute End User’s irrevocable acceptance of the System. 9.Reserved. 10.Warranty. USDD warrants and guarantees its Products and Services subject to the terms and limitations set forth in the Warranty. The End User’s rights and remedies with respect to Products and Services found to be defective in material or workmanship shall be limited exclusively to the rights and remedies set forth in the Warranty. 11.Service and Support Option. Upon expiration of the “Warranty Period” (as defined in the Warranty), End User may elect to purchase certain support and maintenance services on the terms and conditions set forth in the Service Agreement, executed contemporaneously herewith. Under the terms of the Service Agreement End User shall have four one-year options to purchase certain support and maintenance services directly from USDD (each a “Service Option”). The compensation to be paid to USDD under the Service Agreement is the “Annual Fee” (as defined in the Service Agreement). USDD may invoice End User for the Annual Fee as set forth in the Service Agreement. End User shall have no obligation to pay the invoice for the Annual Fee unless it elects to exercise its Service Option as set forth in the Service Agreement. After the expiration of the Warranty Period, USDD shall have no obligation to provide the services set forth in the Service Agreement unless and until End User exercises the Service Option and pays the Annual Fee. The “Lead Contracting Agency” (as defined in the MPA) is not a party to the Service Agreement. The Service Agreement is a separate contract entered into directly between USDD and End User and is not in any way part of or governed by the MPA. 12.Intellectual Property. End User hereby agrees and acknowledges that USDD owns all rights, title, and interest in and to the Intellectual Property. End User agrees to not remove, obscure, or alter USDD’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through USDD’s products. Nothing herein shall be deemed to give, transfer, or convey to End User any rights in the Intellectual Property other than the license to use the Software, as set forth below. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 7 7 13.License. At all times that End User is in compliance with the terms of this EUAA and the MPA, End User shall have a non-exclusive, non-transferable, fully paid license to use the Software in conjunction with the System. 14.Insurance. a.USDD shall purchase and maintain such insurance as required below for claims which may arise out of, or result from, USDD’s operations under this Agreement, whether such operations are by USDD or by any subcontractor, or by anyone directly employed by them, or by anyone for whose acts or omissions anyone of them may be liable. b.USDD shall secure the following coverages and comply with all provisions noted. Certificates of Insurance shall be issued evidencing such coverage to the End User throughout the term of this Agreement: Commercial General Liability Insurance with limits of $1,500,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products and completed operations total limit, and $1,500,000 personal injury and advertising liability Workers’ Compensation and Employer’s Liability with Workers’ Compensation limits as required by the State of Minnesota and Employer’s Liability limits of $500,000/$500,000/$500,000. c.USDD has or shall submit the Certificates of Insurance evidencing coverage as specified above. Notwithstanding the foregoing, if after submission of the Certificate of Insurance End User authorizes USDD or its contractors to proceed with the performance of this Agreement, it shall be conclusively presumed and determined that the insurance described in the Certificates of Insurance is in full compliance with the requirements set forth above, and such requirements shall be deemed revised and amended to require only the coverages provided in the Certificate of Insurance. These terms are effective and shall be controlling whether the Certificate of Insurance is provided before or after the date of this EUAA. 15.End User Point of Contact. End User shall assign a single natural person to manage the installation and administration of the System (the “System Administrator”). End User shall provide USDD with written notice of such assignment prior to the first Project Meeting. End User shall provide written notice to USDD of any change of System Administrator. The System Administrator shall have the principal responsibility of overseeing and managing this EUAA on behalf of End User and shall be the primary point of contact for End User. End User will ensure that the System Administrator is reasonably available to USDD and USDD may rely on the direction of the System Administrator in performing its duties hereunder, including without limit, direction to provide Additional Services. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 8 8 16.End User Obligations. End User, either directly or through a third party, shall take and perform (or shall cause its Dispatch Customers to take and perform) all reasonable action necessary to facilitate USDD’s performance of the Services hereunder. Without limiting the foregoing, End User shall be responsible for the following: a.The provision of VPN using SSH protocol for remote access to the System for installation, testing, and remote access support; b.The procurement and/or provision of all computers, peripherals, and consumables (collectively “Customer Equipment”), including printer paper, toner and ink necessary for the installation, testing and functionality of the of the System; c.For each “Communications Gateway” location, Customer shall: i.Provide street address for each installation location of Communications Gateways; ii.Provide rack or cabinet space of 4 RU for the installation of the Communications Gateway server pairs. Each Gateway pair is composed of two servers, each 2 RU high; iii.Provide four 15A/120V AC outlets for Communications Gateways within 4' of Communications Gateway installation location, preferably on an UPS/generator powered circuit. 2U servers have two power supplies for each server; iv.Provide three 100/1000baseT LAN ports for Communications Gateways and IP KVM (1 for each Communications Gateway – 2 total, and 1 for IP KVM). These LAN ports must have connectivity to the End User’s CAD system interface server for the station alerting interfaces, and connectivity to the fire station networks for station alerting. USDD will provide Network Protocol diagram for details on protocols necessary for the system operations; v.Provide three CAT6 patch cables from LAN ports to Communications Gateway installation location; vi.Prior to shipment of any Product, assign four IP addresses on the network where the Communications Gateways will reside, and provide the addresses to USDD, together with the subnet mask and default gateway address (two IP addresses are for physical Communications Gateways, one IP address is for the active Communications Gateway, and one IP address is for the Spider IF KVM); City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 9 9 vii.If use of the G2 Mobile smartphone application is anticipated, allow all Communications Gateway IP addresses to access the URL https://fsa- mobile.com (note the use of https indicating use of TLS TCP port 443); viii.Provide IP address for internal NTP server for Communications Gateway time synchronization to allow outbound access to time.nist.gov on NTP (UDP 123) and either allow access to DNS outside the Customer’s / End User’s network or provide an internal DNS server IP address; and ix.Provide VPN access to the 4 IP addresses assigned to the Communications Gateways (access will be required to all equipment on TCP Ports for SSH (22), HTTP (80), and HTTPS (443)). d.Provide a CAD interface to the System on the existing or new CAD System. If this requires software installation or development for the Customer’s CAD system, the Customer must contact the CAD vendor and schedule this work. USDD will work with the CAD vendor to implement and test the CAD interface. If USDD is required to interface to an existing CAD system for which USDD does not have an interface, the Customer is required to provide, or have the CAD vendor provide, documentation on the CAD vendor’s interface. This information must be provided in a timely manner, or the System installation may be significantly delayed. e.Provide the voice and data radio system, data network infrastructure, CAD system and CAD interface (on the CAD system itself), dispatch computers with current version web browser, and personnel skilled in Customer’s radio and data systems. USDD’s web-based user interface software is only supported on the most recent versions of Microsoft Internet Explorer, Google Chrome, and Mozilla Firefox web browsers; f.If Customer purchases the VoiceAlert Radio connections option, for the Communications Gateway to radio system connection, Customer shall: g.Procure and install radio control station(s) or radio console(s), if necessary, and integrate with existing radio system. Radios or consoles must have PTT input, audio input, and COR output for full System functionality. Provide any third party console software licenses as necessary; i.Provide network access from Communications Gateways to radio consoles, if radio console control is part of the project; and ii.Provide control radios, radio consoles, or other radio system access hardware necessary to interface the GaRI Audio Interface to Customer’s voice radio. Note that Customer is responsible for connection of the GaRI Audio Interface to Customer’s radio system. USDD will provide documentation and assistance. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 10 10 h. At each ATX or ATU Station Controller installation site, Customer shall: i. Provide mounting location for Station Controller; ii. Provide one 15A/120V AC outlet within 4' of the Station Controller location preferably on a Generator circuit; iii. Provide mounting location for Station Controller UPS, if necessary; iv. Provide one 10/100baseT LAN connection within 6' of the Station Controller from station LAN with 2-way TCP/IP and UDP/IP connectivity to Communications Gateway network (dispatch center or computer equipment location); v. Provide one IP address, subnet mask, and default gateway for each station location; vi. Provide external VPN access to the IP addresses assigned to the Station Controllers, which must provide access for SSH (22), and HTTPS (443); vii. Provide connection to existing 70 volt speaker system if existing amplifier and/or speaker system is to be used; viii. Provide dispatch radio for audio source for dispatch alerting, if necessary. Provide made and model of radio to be used, as well as any connector pinouts if USDD is responsible for connection per the Contract. Note, Customer is responsible for connection to Customer’s radios unless otherwise specified in the Contract; ix. Provide connections from telephone intercom, secondary dispatch radio, or other existing audio sources to the Station Controller, if necessary. Provide technical documentation on any interfaces that USDD is responsible for per the Contract. Note, Customer is responsible for connection to Customer Equipment unless otherwise specified in the Contract; and x. Provide technical documentation of all existing equipment to which the Station Controller or Peripherals are to be interfaced. Note, Customer is responsible for connection to Customer Equipment unless otherwise specified in the Contract. i. Any configuration and regular maintenance that is normally undertaken by the user or operator as described in any operating manuals for the Customer Equipment, including the replacement of UPS batteries as necessary; City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 11 11 j.Providing all reasonable security and bearing all risk of loss or damage to any Products delivered to, stored at, or installed on Customer’s property; k.Providing a stable means of data transmission between the Communications Gateway and each Station Controller serviced by the System necessary for the installation, testing and functionality of the of the System; such means of data transmission may include, but is not limited to, TCP/IP, data modems, leased lines, radios, etc; l.The correct use of the Products and System in accordance with the manufacturer and USDD’s operating instructions; m.The security, accessibility, and integrity of the System, Customer Equipment, and installation site; and n.Performing all duties of “Customer” set forth in the SOW. 17.Termination a.By End User. If the MPA, any PO, or this EUAA is canceled or terminated by End User or the Lead Contracting Agency for any reason other than USDD’s breach, End User shall immediately pay USDD for all work in progress, Services rendered, all inventoried or ordered Products, and all other costs incurred by USDD related to this transaction. b.By USDD. If End User refuses or fails to perform any of its obligations in accordance with this EUAA or the MPA, USDD shall provide written notice thereof to End User (“Default Notice”). The Default Notice shall specifically describe the nature of the alleged failure and demand that End User cure such failure within a specified reasonable time period, which in the event of a failure to make timely payment shall be 10 days, and in all other events shall not be less than 30 days (“Cure Period”). If End User fails to cure the failure within the Cure Period, such failure shall be deemed a default under this EUAA. In such event, USDD shall have the right to terminate this EUAA by written notice to End User, and End User shall immediately pay USDD for all work in progress, Services rendered, all inventoried or ordered Products, and all other costs incurred by USDD related to this transaction. c.For Failure to Complete Design Phase. If the parties cannot complete the initial Design Phase within 30 days of the initial Project Meeting, either party may terminate this EUAA by written notice to the other. In such event, End User shall immediately pay USDD for all work in progress, services rendered, all inventoried or ordered Products, and all other costs incurred by USDD related to this transaction. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 12 12 18.Assignment. The Parties shall not assign in whole or in part this EUAA without the prior written consent of the other Party, which consent may not be unreasonably withheld. Notwithstanding the foregoing, USDD may freely transfer its rights under this EUAA in the event of a sale of all or substantially all of its assets or stock. Additionally, USDD may subcontract any or all of the Installation and Products manufacturing. 19.Reserved. 20.Notices. Whenever any provision of this EUAA requires the giving of written notice, it shall be deemed to have been validly given if delivered (i) in person, (ii) by registered mail, postage pre-paid, (iii) by a nationally recognized overnight courier service, or (iv) electronically via facsimile copy or email, provided that the sender obtains confirmation of transmission, to the following: For the End User: Name: Steve Koering Title: Fire Chief Address: 3750 Wooddale Ave. S. St. Louis Park, MN 55416 Phone: 952-924-2596 Email: skoering@stlouispark.org For USDD: US Digital Designs, Inc. Attention: Dominic Magnoni 1835 East 6th Street, Suite 27 Tempe, Arizona 85281 Fax: 480-290-7892 Email: dmagnoni@usdd.com 21.Headings and Usage. The headings, captions, and section numbers contained herein are provided for convenience only and are not part of the terms of this EUAA. When the context of the words used in this EUAA indicate that such is the intent, words in the singular shall include the plural, and vice versa, and the references to the masculine, feminine or neuter shall be construed as the gender of the person, persons, entity or entities actually referred to require. 22.Waiver. No failure or delay, in any one or more instances, to enforce or require strict compliance with any term of this EUAA shall be deemed to be a waiver of such term nor shall such failure or delay be deemed a waiver of any other breach of any other term contained in this EUAA. 23.Execution in Counterparts. This EUAA may be executed in counterparts, all of which taken together shall be deemed one original. The date of this EUAA shall be the latest date on which any party executes this EUAA. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 13 13 24.Entire Agreement. This EUAA contains the entire understanding between the parties, and supersedes any prior understandings and agreements between or among them with respect to the subject matter hereof. This EUAA supersedes and replaces the “terms and conditions” section set forth in the Quote, if any. This EUAA may not be amended, altered, or changed except by the express written agreement of the parties. The terms of this EUAA shall take precedence over any conflicting terms in any PO or the MPA. 25.Joint Effort. This EUAA has been drafted through the joint efforts of the parties and shall not be construed against any party on the basis that such party is the drafter of this EUAA or any term thereof. The Parties represent and warrant to each other that each Party has had the opportunity to review this Contract with counsel of its own choosing, that each Party has either reviewed this Contract with counsel or has elected to forego such review, and that no Party shall deny the validity of this Contract on the grounds that the Party did not understand the nature and consequences of this Contract or did not have the advice of counsel. 26.Savings Clause. In the event any part, provision, or term of this EUAA is deemed to be illegal or unenforceable, this EUAA shall be construed as if such unenforceable part, provision, or term had not been included herein. Such illegal or unenforceable part, provision, or term shall be deemed revised to the extent necessary to cure its defect and such revision and the remainder of the EUAA shall be and remain in full force and effect. 27.End User Representative. The undersigned representative of End User hereby represents and warrants that s/he has the authority to bind End User and that the execution, delivery and performance by End User under this EUAA will not violate the provisions of any law, rule, regulation or policy, and will not conflict with or result in the breach or termination or constitute a default under any agreement or instrument to which End User is a party. 28.Incorporation of all Recitals and Exhibits. All recitals, exhibits, addenda, schedules and other documents referenced herein and attached hereto are hereby fully incorporated and made a part hereof by this reference as if the terms and content thereof had been fully set forth in the body of this EUAA. 29.Third Party Beneficiaries. Except as otherwise expressly set forth herein, this Contract does not and is not intended to confer any rights, benefits or remedies upon any person or entity other than the Parties. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 14 14 30.Additional Acts and Documents. Each Party hereto agrees to do all such things and take all such actions and to make, execute and deliver such other documents and instruments as shall be reasonably requested by the other Party to carry out the provisions, intent and purposes of this Contract. City of St. Louis Park: US Digital Designs, Inc.: By: ____________________________ By: __________________________ Jake Spano, Mayor Dominic Magnoni, Vice President Date: ___________________________ Date:_______________________ By ______________________________ Tom Harmening, City Manager Date: ____________________________ City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 15 15 EXHIBIT A Quote See Attached Quote #MN_STPK001-Qv2-1Dispatch&2Stations(2019Mar06).pdf City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 16 us digital designs Tempe, Arizona USA Phoenix G2 - Automated Fire Station Alerting Quotation to: St. Louis Park, Minnesota St. Louis Park Fire Department Project: G2 Fire Station Alerting System (1) Dispatch & (2) Station Systems Proposal number: MN_STPK001 Revision # 2 Quote Date: 06-Mar-2019 Quote Expires: 4-Jun-2019 FOR FINAL INSTALLATION CONTACT: Installation is not assumed or Included by USDD By Others By: Luke Eddington Project Manager US Digital Designs, Inc. 1835 E Sixth St #27 Tempe, AZ 85281 480-309-7976 direct 480-290-7892 fax leddington@usdd.com [This Proposal is subject to corrections due to Errors or Omissions] PROPRIETARY and CONFIDENTIAL TITLE Page 1 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 17 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:3/6/19 Expires:6/4/19 Quote SUBMITTED TO: St. Louis Park, Minnesota St. Louis Park Fire Department REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DI1 LOT USDD 0 Radio System Interface (Full Console Interface - Requires (owner-furbished) dedicated console, specifically and solely tasked for Station Alerting) RSI-P $ 13,650.00 $ 12,285.00 $ - DI2 LOT USDD 0 Additional Radio Channel ARC $ 4,225.00 $ 3,802.50 $ - DI3 LOT CAD 1 CAD Interface - Zuercher Technology (USDD-side Only - Customer responsibility to discuss CAD-side costs (if any) with their vendor) CADI-P $ 11,950.00 $ 10,755.00 $ 10,755.00 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DC1a PR USDD 1 G2 Communications Gateway Pair (Hardware for CAD interface) 2@2RU each G2-GW $ 9,250.00 $ 8,325.00 $ 8,325.00 DC1b PR USDD 0 G2 Communications Gateway Pair (Hardware for CAD interface) 2@1RU each G2-GW $ 7,220.00 $ 6,498.00 $ - DC2 Kit USDD 1 Multi-Port Ethernet Interface Pair (8 Ports Total) to support additional networks MPE-8 $ 1,175.00 $ 1,057.50 $ 1,057.50 DC3a Kit USDD 0 G2 Gateway Audio Radio Interface (GaRi) - Rack Mount GaRi-RM $ 2,075.00 $ 1,867.50 $ - DC3b Kit USDD 1 G2 Gateway Audio Radio Interface (GaRi) - Flange Mount GaRi-FM $ 2,075.00 $ 1,867.50 $ 1,867.50 DC4 Kit USDD 0 G2 Gateway Audio Serial Interface (GaSi)GaSi $ 1,440.00 $ 1,296.00 $ - DC5 Kit USDD 0 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others)TVR $ 975.00 $ 877.50 $ - DC6 Kit USDD 0 G2 Light Tower Interface LTI $ 575.00 $ 517.50 $ - MN_STPK001 v2 PRIMARY DISPATCH G2 FSA SYSTEM DISPATCH-LEVEL DISPATCH SYSTEM INTERFACES DISPATCH SYSTEM COMPONENTS Dispatch center costs typically only need to be assumed once per dispatching agency, no matter how many stations are dispatched (unless redundant centers or further modifications are needed). PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 2 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 18 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT DS1 HR USDD 50 Gateway Configuration & Modifications GW-CM $ 310.00 $ 279.00 $ 13,950.00 DS2 LOT USDD 0 Radio System Interface Modification RSI-CM $ 4,225.00 $ 3,802.50 $ - DS3 LOT USDD 1 Gateway Installation and Start-up GW-ISU $ 6,425.00 $ 5,782.50 $ 5,782.50 DS4 LOT USDD 1 Gateway Project Management GW-PM $ 337.50 $ 303.75 $ 303.75 DS5a LOT USDD 1 Training - System Administrator / Dispatch Supervisor - On-Site (4 Hours) TRA-DIS-O $ 4,025.00 $ 3,622.50 $ 3,622.50 DS5b LOT USDD 0 Training - System Administrator / Dispatch Supervisor - Remote Refresh (4 Hours) TRA-DIS-R $ 1,200.00 $ 1,080.00 $ - DS6a LOT USDD 1 Training - Station-Level Configuration and Equipment Usage -On-Site (4 Hours) TRA-STA-O $ 4,025.00 $ 3,622.50 $ 3,622.50 DS6b LOT USDD 0 Training - Station-Level Configuration and Equipment Usage -Remote Refresh (4 Hours) TRA-STA-R $ 1,200.00 $ 1,080.00 $ - DS7a LOT USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-O $ 5,325.00 $ 4,792.50 $ - DS7b LOT USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 8 Hours (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 2,725.00 $ 2,452.50 $ - DS8a HR USDD 0 Management Meeting with Customer / at USDD Tempe, AZ location (per Hour / Per Person) MTG-MGT-U $ 244.00 $ 219.60 $ - DS8b LOT USDD 0 Management Meeting with Customer / at Customer Site (above per hour/per person cost + required travel and accomodation) MTG-MGT-C $ - $ - $ - DS9 LOT USDD 0 Misc Option 1 $ - $ - $ - DS10 LOT USDD 0 Misc Option 2 $ - $ - $ - 49,286.25$ 126.00$ 49,412.25$ DISPATCH SYSTEM SERVICES System Subtotal System Total: PRIMARY DISPATCH G2 FSA SYSTEM Shipping Total: PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 3 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 19 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT 17 HR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS DISPATCH SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) RS-1YR-STD $ 2,200.50 $1,980.45 2970.675 but No Charge For Initial Warranty Period / Not Included in Subtotals 18 LOT USDD 0.0 [STANDARD] EACH ADDITIONAL YEAR (12-Months) WARRANTY & SUPPORT FOR THIS DISPATCH SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) IF QUANTITY '0' THEN NO ADDITIONAL SUPPORT IS ASSUMED OR AUTHORIZED BEYOND INITIAL WARRANTY PERIOD RS-AYR-STD $ 2,200.50 $ 1,980.45 $ - INDIVIDUAL DISPATCH SYSTEMS TOTALS 49,412.25$ -$ -$ ENTIRE DISPATCH-LEVEL SUBTOTALS (NOW INCLUDING WARRANTY, OPTIONAL SUPPORT & TAX AS WELL) ALL DISPATCH-LEVEL SYSTEMS SUBTOTAL:49,286.25$ ALL DISPATCH-LEVEL SHIPPING SUBTOTAL:126.00$ ALL DISPATCH-LEVEL WARRANTY & SUPPORT:-$ ALL DISPATCH-LEVEL TAX (if applicable):-$ 49,412.25$ PRIMARY DISPATCH-LEVEL GRAND TOTAL: (SEE 'SECTION TOTALS' PAGE FOR EVEN MORE DETAIL) DISPATCH-LEVEL WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT PRIMARY DISPATCH G2 FSA SYSTEM TOTAL: PRIMARY DISPATCH MOBILE APP SERVICE TOTAL: PRIMARY DISPATCH MAPPING SERVICE TOTAL: PRIMARY DISPATCH WARRANTY & SUPPORT INCLUDES G2 MOBILE SMART-PHONE ALERTING APPS & USDD-HOSTED MAPPING SERVICES (if available). Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only avaible to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement PROPRIETARY and CONFIDENTIAL PRIMARY DISPATCH CENTER Page 4 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 20 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:3/6/19 Expires:6/4/19 Quote SUBMITTED TO: St. Louis Park, Minnesota St. Louis Park Fire Department REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,030.00 $ 927.00 $927.00 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each as long as system is currently under warranty or elected recurring annual support coverage. See 'Mobile' Section for more detail. G2-APP-DLI $ 108.00 $ 97.20 N/A - Included Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1 G2 ATX STATION CONTROLLER - Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available. ATX $ 21,750.00 $ 19,575.00 $ 19,575.00 SC2 Kit USDD 1 G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP. EXP $ 7,325.00 $ 6,592.50 $ 6,592.50 SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $- SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $- SC5 Ea TBD 2 ATX UPS, Standard UPS-STD $ 923.00 $ 830.70 $ 1,661.40 SC6 Ea TBD 2 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $102.60 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SP1a Ea Atlas 2 Audio Amplifier, External, Standard AMP $ 987.00 $ 888.30 $ 1,776.60 SP1b Ea Atlas 2 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 66.00 $ 59.40 $118.80 SP2 Ea USDD 3 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors CIR $ 725.00 $ 652.50 $ 1,957.50 SP3a Ea USDD 3 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 975.00 $ 877.50 $ 2,632.50 SP3b Ea USDD 0 Flat Panel Monitor / Smart HDTV 40-43" (Electrical Outlet/Provision By Others; C.E.C. control subject to TV ability) FP-43 $ 1,377.57 $ 1,239.81 $- SP3c Ea USDD 0 Flat Panel / TV Mount- Universal 23"-46" Tilt FPM-U $ 107.86 $ 97.07 $- SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,275.00 $ 1,147.50 $- SP5 Ea USDD 1 Push Button, Standard (Black)PB-B $ 110.00 $ 99.00 $99.00 SP6 Ea USDD 1 Push Button, Emergency (Red)PB-R $ 110.00 $ 99.00 $99.00 SP7 Ea USDD 0 G2 MESSAGE REMOTE 2 Module (2017 Version 2)MR2 $ 1,275.00 $ 1,147.50 $- SP9a Ea USDD 0 G2 MESSAGE SIGN (Digital LED) MINI GammaSign / 12" Active Screen Width / Turn Out Timing ONLY MS-G-M $ 915.00 $ 823.50 $- MN_STPK001 v2 STATION-LEVEL STATION 01 Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.MN_STPK.ALL STATIONS.FSA.2018.09.10.pdf STATION SYSTEM LICENSES STATION SYSTEM CONTROLLER STATION SYSTEM PERIPHERAL COMPONENTS PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 5 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 21 SP9b Ea USDD 15 G2 MESSAGE SIGN (Digital LED) STANDARD GammaSign / 24" Active Screen Width MS-G-S $ 1,050.00 $ 945.00 $ 14,175.00 SP9c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED GammaSign / 36" Active Screen Width MS-G-E $ 1,575.00 $ 1,417.50 $- SP9d Ea USDD 0 MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS-G- S (or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-S $ 38.00 $ 34.20 $- SP9e Ea USDD 3 MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS- G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-D $ 49.00 $ 44.10 $132.30 SP9f Ea USDD 0 MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts. MS-HK $ 73.00 $ 65.70 $- SP11 Ea USDD 3 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $774.90 SP12a Ea USDD 7 G2 ROOM REMOTE 2 Module / 2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ 12,757.50 SP12c Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $- SP12d Ea USDD 0 RR2 Surface Mount Box, for SURFACE MOUNT (hard wall) installation. Three (3) 3/4" conduit knock- outs. RR2-SMB $ 175.00 $ 157.50 $- SP15 Ea USDD 29 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 325.00 $ 292.50 $ 8,482.50 SP16 Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE Mount (Metal Box), 70v SPK-LED-SM $ 325.00 $ 292.50 $- SP17a Ea USDD 0 G2 SPEAKER - OmniAlertStrobe - Omnidirectional Alerting Speaker, optimized for high Vocal Intelligibility in large open indoor areas and with High-Intensity LED Strobe Light Arrays - includes Cable Hanging Kit (typically requires MR2 for power/signal/control) SPK-OAS $ 815.00 $ 733.50 $- SP17b Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / BEAM FLANGE CLIP- for mounting directly onto an exposed (1/8-14") I-Beam SPK-OAS-BFC $ 13.00 $ 11.70 $- SP17c Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket /DROP CEILING BRACKET- for mounting directly to T-Bar in Suspended Ceiling SPK-OAS-DCB $ 48.00 $ 43.20 $- SP17d Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / SURFACE MOUNT - for mounting directly to hard ceiling SPK-OAS-SMB $ 42.00 $ 37.80 $- SP18a Ea Bogn 13 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 85.00 $ 76.50 $994.50 SP18b Ea Bogn 0 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 85.00 $ 76.50 $- SP19 Ea Bogn 12 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 310.00 $ 279.00 $ 3,348.00 SP20 Ea TIC 0 Transformer, 8ohm to 70V, External XFMR $ 53.00 $ 47.70 $- SP21 Ea USDD 1 G2 Strobe Light / Red LED STR $ 550.00 $ 495.00 $495.00 SP22 Ea USDD 0 Miscellaneous MISC $- $ - $- Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 0 Station Installation (Installation not assumed or included by USDD.)ST-INST $ 42,185.88 $ 37,967.29 $- SS2 Ea USDD 0 Station Remediation (Removal and Disposal of Legacy Equipment Not currently Assumed or Included, nor is any related Remediation to Paint, Drywall, etc.) ST-INST $- $ - $- SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 5,965.68 $ 5,369.11 $ 5,369.11 SS4 Ea USDD 1 Station Project Management ST-PM $ 2,556.72 $ 2,301.05 $ 2,301.05 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 1,278.36 $ 1,150.52 $ 1,150.52 STATION SYSTEM SERVICES PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 6 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 22 SS6 Ea USDD 1 Station Documentation ST-DM $ 127.84 $ 115.05 $115.05 SS7a Ea USDD 0 Station Training - Configuration and Equipment. On-Site @ Station. 4 Hours, 1 Visit. (for Technical Services Statff) TRA-UT-O $ 4,025.00 $ 3,622.50 $- SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours / TRA-UT-R $ 600.00 $ 540.00 $- SS8a Ea USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours / (TBD - only needed if requied to use non-certified contractor) TRA-IC-O $ 5,325.00 $ 4,792.50 $- SS8b Ea USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 4 Hours / \ (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 2,725.00 $ 2,452.50 $- SS9 Ea USDD 0 Miscellaneous/TBD MISC $- $ - $- Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) RS-1YR-STD $ 7,670.16 $ 6,903.14 10354.716 but No Charge For Initial Warranty Period / Not Included in Subtotals SW2 YR USDD 0.0 [STANDARD] EACH ADDITIONAL YEAR (12- Months) WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) IF QUANTITY '0' THEN NO ADDITIONAL SUPPORT IS ASSUMED OR AUTHORIZED BEYOND INITIAL WARRANTY PERIOD RS-AYR-STD $ 7,670.16 $ 6,903.14 $- 85,637.34$ 2,292.00$ -$ -$ 87,929.34$ Warranty & Support Notes: Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only avaible to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement Shipping: STATION 01 System: STATION SUBTOTAL: STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT Warranty & Support: Misc. Tax (if applicable) PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 7 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 23 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. Station System Installation Notes: 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. PROPRIETARY and CONFIDENTIAL STATION 01 SYSTEM Page 8 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 24 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:3/6/19 Expires:6/4/19 Quote SUBMITTED TO: St. Louis Park, Minnesota St. Louis Park Fire Department REF PROPOSAL Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SL1 Ea USDD 1 G2 VOICEALERT - Single Station License. VA $ 1,030.00 $ 927.00 $927.00 SL2 Ea/Yr USDD 24 G2 MOBILE FSAS APP - Single Device License. Up to 24 Licenses-Per-ATX are offered at $0.00 cost each as long as system is currently under warranty or elected recurring annual support coverage. See 'Mobile' Section for more detail. G2-APP-DLI $ 108.00 $ 97.20 N/A - Included Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SC1 Kit USDD 1 G2 ATX STATION CONTROLLER - Power/Signal/Control up to 8 peripheral Remote Options. 4 Unique Amps/Zones available. ATX $ 21,750.00 $ 19,575.00 $ 19,575.00 SC2 Kit USDD 1 G2 EXPANSION KIT - Allows ability to Power/Signal/Control up to 12 more peripheral Remote options per EXP. EXP $ 7,325.00 $ 6,592.50 $ 6,592.50 SC3 Kit USDD 0 Rack Mount Ears for ATX or EXP ATX-E $ 54.00 $ 48.60 $- SC4 Kit USDD 0 Base Plate for ATX or EXP ATX-P $ 54.00 $ 48.60 $- SC5 Ea TBD 2 ATX UPS, Standard UPS-STD $ 923.00 $ 830.70 $ 1,661.40 SC6 Ea TBD 2 Shelf/Bracket, Wall-Mount for UPS UPS-WMB $ 57.00 $ 51.30 $102.60 Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SP1a Ea Atlas 1 Audio Amplifier, External, Standard AMP $ 987.00 $ 888.30 $888.30 SP1b Ea Atlas 1 Shelf, Under Table or Wall Mount, for 1U 1/2 Rack AMP-S $ 66.00 $ 59.40 $59.40 SP2 Ea USDD 2 G2 COLOR INDICATOR REMOTE Module - Up to 8 unique colors CIR $ 725.00 $ 652.50 $ 1,305.00 SP3a Ea USDD 2 G2 HDTV REMOTE Module (TV & Electrical Outlet by Others; C.E.C. control subject to TV ability)TVR $ 975.00 $ 877.50 $ 1,755.00 SP3b Ea USDD 0 Flat Panel Monitor / Smart HDTV 40-43" (Electrical Outlet/Provision By Others; C.E.C. control subject to TV ability) FP-43 $ 1,377.57 $ 1,239.81 $- SP3c Ea USDD 0 Flat Panel / TV Mount- Universal 23"-46" Tilt FPM-U $ 107.86 $ 97.07 $- SP4 Ea USDD 0 G2 I/O REMOTE Module w/ 8 In & 8 Out IOR $ 1,275.00 $ 1,147.50 $- SP5 Ea USDD 5 Push Button, Standard (Black)PB-B $ 110.00 $ 99.00 $495.00 SP6 Ea USDD 1 Push Button, Emergency (Red)PB-R $ 110.00 $ 99.00 $99.00 SP7 Ea USDD 0 G2 MESSAGE REMOTE 2 Module (2017 Version 2)MR2 $ 1,275.00 $ 1,147.50 $- SP9a Ea USDD 0 G2 MESSAGE SIGN (Digital LED) MINI GammaSign / 12" Active Screen Width / Turn Out Timing ONLY MS-G-M $ 915.00 $ 823.50 $- MN_STPK001 v2 STATION-LEVEL STATION 02 Based from USDD G2 Fire Station Alerting System Design Drawing #USDD.MN_STPK.ALL STATIONS.FSA.2018.09.10.pdf STATION SYSTEM LICENSES STATION SYSTEM CONTROLLER STATION SYSTEM PERIPHERAL COMPONENTS PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 9 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 25 SP9b Ea USDD 11 G2 MESSAGE SIGN (Digital LED) STANDARD GammaSign / 24" Active Screen Width MS-G-S $ 1,050.00 $ 945.00 $ 10,395.00 SP9c Ea USDD 0 G2 MESSAGE SIGN (Digital LED) EXTENDED GammaSign / 36" Active Screen Width MS-G-E $ 1,575.00 $ 1,417.50 $- SP9d Ea USDD 0 MS-G Adapter Plate, SINGLE. VESA 100, joins (1) MS-G- S (or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-S $ 38.00 $ 34.20 $- SP9e Ea USDD 3 MS-G Adapter Plate, DOUBLE, VESA 100, joins (2) MS- G -S(or-E) to any standard mount with VESA 100 hole patterns (mount not included) MS-AP-D $ 49.00 $ 44.10 $132.30 SP9f Ea USDD 0 MS-G Hanger Kit. Hangs single or double (back-to-back) Message Signs (Gamma Version) from Ceiling. Includes both suspended ceiling T-Bar Scissor Clips and Hard-Pan Flange Mounts. MS-HK $ 73.00 $ 65.70 $- SP11 Ea USDD 3 MS Mount - Articulating, Long reach MS-MNT-ART-L $ 287.00 $ 258.30 $774.90 SP12a Ea USDD 6 G2 ROOM REMOTE 2 Module / 2017 version 2 RR2 $ 2,025.00 $ 1,822.50 $ 10,935.00 SP12c Ea USDD 0 RR2 Adpater Plate, for Retrofit in RR1 Wall Cavity RR2-AP $ 46.00 $ 41.40 $- SP12d Ea USDD 0 RR2 Surface Mount Box, for SURFACE MOUNT (hard wall) installation. Three (3) 3/4" conduit knock- outs. RR2-SMB $ 175.00 $ 157.50 $- SP15 Ea USDD 22 G2 SPEAKER - LED Illuminated - FLUSH Mount, 70v SPK-LED-FM $ 325.00 $ 292.50 $ 6,435.00 SP16 Ea USDD 0 G2 SPEAKER - LED Illuminated - SURFACE Mount (Metal Box), 70v SPK-LED-SM $ 325.00 $ 292.50 $- SP17a Ea USDD 0 G2 SPEAKER - OmniAlertStrobe - Omnidirectional Alerting Speaker, optimized for high Vocal Intelligibility in large open indoor areas and with High-Intensity LED Strobe Light Arrays - includes Cable Hanging Kit (typically requires MR2 for power/signal/control) SPK-OAS $ 815.00 $ 733.50 $- SP17b Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / BEAM FLANGE CLIP- for mounting directly onto an exposed (1/8-14") I-Beam SPK-OAS-BFC $ 13.00 $ 11.70 $- SP17c Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket /DROP CEILING BRACKET- for mounting directly to T-Bar in Suspended Ceiling SPK-OAS-DCB $ 48.00 $ 43.20 $- SP17d Ea USDD 0 SPK-OAS/OmniStrobe Mounting Bracket / SURFACE MOUNT - for mounting directly to hard ceiling SPK-OAS-SMB $ 42.00 $ 37.80 $- SP18a Ea Bogn 14 SPEAKER - STANDARD, FLUSH Mount, 70v SPK-STD-FM $ 85.00 $ 76.50 $ 1,071.00 SP18b Ea Bogn 0 SPEAKER - STANDARD, SURFACE Mount (Metal Box), 70v SPK-STD-SM $ 85.00 $ 76.50 $- SP19 Ea Bogn 8 SPEAKER - APP BAY/OUTDOOR - Weatherized, Surface Mount, 70v SPK-W-SM $ 310.00 $ 279.00 $ 2,232.00 SP20 Ea TIC 0 Transformer, 8ohm to 70V, External XFMR $ 53.00 $ 47.70 $- SP21 Ea USDD 2 G2 Strobe Light / Red LED STR $ 550.00 $ 495.00 $990.00 SP22 Ea USDD 0 Miscellaneous MISC $- $ - $- Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SS1 Ea USDD 0 Station Installation (Installation not assumed or included by USDD.)ST-INST $ 36,533.97 $ 32,880.57 $- SS2 Ea USDD 0 Station Remediation (Removal and Disposal of Legacy Equipment Not currently Assumed or Included, nor is any related Remediation to Paint, Drywall, etc.) ST-INST $- $ - $- SS3 Ea USDD 1 Station Configuration & Start-Up ST-SU $ 5,166.42 $ 4,649.78 $ 4,649.78 SS4 Ea USDD 1 Station Project Management ST-PM $ 2,214.18 $ 1,992.76 $ 1,992.76 SS5 Ea USDD 1 Station Engineering / Design Services ST-ES $ 1,107.09 $ 996.38 $996.38 STATION SYSTEM SERVICES PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 10 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 26 SS6 Ea USDD 1 Station Documentation ST-DM $ 110.71 $ 99.64 $99.64 SS7a Ea USDD 0 Station Training - Configuration and Equipment. On-Site @ Station. 4 Hours, 1 Visit. (for Technical Services Statff) TRA-UT-O $ 4,025.00 $ 3,622.50 $- SS7b Ea USDD 0 Station Training - User/Technician / Remote Refresh (2 Hours / Train-The-Trainer)TRA-UT-R $ 600.00 $ 540.00 $- SS8a Ea USDD 0 Training - Installation Contractor - On-Site / USDD G2 Certification / 8 Hours / Train-The-Trainer (TBD - only needed if requied to use non-certified contractor) TRA-IC-O $ 5,325.00 $ 4,792.50 $- SS8b Ea USDD 0 Training - Installation Contractor - At Arizona Training Center / USDD G2 Certification / 4 Hours / Train-The-Trainer (TBD - only needed if required to use non-certified contractor) TRA-IC-AZ $ 2,725.00 $ 2,452.50 $- SS9 Ea USDD 0 Miscellaneous/TBD MISC $- $ - $- Item Unit Mfr Qty Description Part No.US List Unit QUOTE UNIT QUOTE EXT SW1 YR USDD 1.5 [STANDARD] 1st YEAR WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) RS-1YR-STD $ 6,642.54 $ 5,978.29 8967.429 but No Charge For Initial Warranty Period / Not Included in Subtotals SW2 YR USDD 0.0 [STANDARD] EACH ADDITIONAL YEAR (12- Months) WARRANTY & SUPPORT FOR THIS STATION SYSTEM (or Component): Telephone / Remote Access Support (8:00 AM - 5:00 PM MST) IF QUANTITY '0' THEN NO ADDITIONAL SUPPORT IS ASSUMED OR AUTHORIZED BEYOND INITIAL WARRANTY PERIOD RS-AYR-STD $ 6,642.54 $ 5,978.29 $- 74,163.96$ 1,982.00$ -$ -$ 76,145.96$ Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only avaible to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement STATION SYSTEM WARRANTY & OPTIONAL RECURRING ANNUAL SUPPORT STATION 02 System: Shipping: Warranty & Support: STATION SUBTOTAL: Warranty & Support Notes: Misc. Tax (if applicable) PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 11 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 27 11 - If applicable, Gas Control Shutoff Valve Addendum (to USDD and installation contractor) must be signed prior to installation. Station System Installation Notes: 01 - Unless specifically detailed in this proposal, no installation by USDD or it's subcontractors is assumed or provided. 02 - Because these are mission-critical systems, USDD can only warrant and support systems installed by G2 Trained and Certified Contractors. 03 - USDD can source, qualify, train and certify Local Licensed Regional Subcontrators where needed. 04 - Installation warranted by installation contractor - G2 FSAS warranted, serviced and supported by USDD. 05 - Unless specifically detailed in this proposal, installation to be performed during normal working hours. 06 - Unless specifically detailed in this proposal, no permit fees or material charges have been included. 07 - Unless specifically detailed in this proposal, no removal or remediation has been assumed or included. 08 - Unless specifically detailed in this proposal, no bonds of any type (performance, bid) have been assumed,included or budgeted for in this proposal. 09 - USDD FSAS Equipment to be made available by owner to Installation Contractor prior to on-site arrival. 10 - Structural backing for system devices and other millwork (not specifically detailed) by others. 12 - All electrical power, including (but not limited to) raceway,conduit, backboxes, service panels, high-voltage wiring and fixtures by others. 13 - All communications pathway infrastructure (network, radio, etc.) by others unless specifically detailed in this proposal. 14 - USDD cannot warrant nor support any owner-furbished (3rd-Party) system or component we are required to integrate with. USDD cannot warrant nor support any system or component it has not proofed engineering for and has not specifically authorized for use within public safety environments. 15 - Any misuse, unauthorized modification, improper installation, excessive shock, attempted repair, accident, or improper or negligent use, storage, transportation, or handling by any party other than USDD shall render this limited warranty null, void and of no further effect PROPRIETARY and CONFIDENTIAL STATION 02 SYSTEM Page 12 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 28 US DIGITAL DESIGNS QUOTE 1835 E. Sixth St. Suite #27 Tempe, Arizona 85281 877-551-8733 tel 480-290-7892 fax DATE:3/6/19 Expires:6/4/19 Quote SUBMITTED TO: St. Louis Park, Minnesota St. Louis Park Fire Department REF PROPOSAL 49,412.25$ Includes:49,412.25$ -$ 164,075.30$ 87,929.34$ -$ -$ 76,145.96$ -$ -$ Notes: US Digital Designs System Total 213,487.55$ (TBD By Customer) Customer must elect to choose any coverage they require beyond initial warranty period, or USDD will not be authorized to provide any service or support. Mobile Smart Phone Alerting App and Mapping Services only avaible to customer while under warranty or elected recurring annual support. Support Agreements subject to change if system design is modified. For additional details, please review current USDD Warranty Statement and Service Agreement SECTION TOTALS [UNLESS OTHERWISE NOTED, ALL PRICES ARE $US] STATION 01 SYSTEM: STATION 01 WARRANTY & SUPPORT: Includes: Installation is not assumed or included by USDD. Includes:STATION 02 SYSTEM: STATION 02 WARRANTY & SUPPORT: Section Totals DISPATCH-LEVEL SUBTOTAL STATION-LEVEL SUBTOTAL PRIMARY DISPATCH G2 FSA SYSTEM : PRIMARY DISPATCH WARRANTY & SUPPORT : MN_STPK001 v2 STATION 01 MISC. TAX: STATION 02 MISC. TAX: PROPRIETARY and CONFIDENTIAL SECTION TOTALS Page 13 of 16 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 29 16 EXHIBIT B Scope of Work Provision of Products and Services as described in the Quote attached at Exhibit A, for installation at Dispatch, and Stations 1 and2 respectively. Installation of Station Equipment to be provided by G2 Certified Installer under separate contract directly with installer, and as shown on the attached station designs and identified as File USDD.MN.STPK.ALL.STATIONS.FSA. 2018.09.10.pdf City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 30 17 EXHIBIT C Service Agreement US Digital Designs SERVICE AGREEMENT This Service Agreement (“Agreement”) is made by and between US Digital Designs, Inc. (“USDD”), with its principal place of business at 1835 East Sixth Street, Suite 27, Tempe, Arizona 85281, and the following entity (“Customer”): City of St. Louis Park St. Louis Park Fire Rescue 3750 Wooddale Ave. S. St. Louis Park, MN 55416 Attn: Steve Koering, Fire Chief Phone: 952-924-2596 Email: skoering@stlouispark.org 1.Recitals. The Customer requires USDD to provide software maintenance and hardware repair services for its USDD fire station alerting system. USDD has agreed to service the Customer’s System (as defined below) pursuant to the terms, conditions, and limitations of this Agreement. In consideration of the forgoing, and for other good and valuable consideration, the parties hereby agree to the terms set forth in this Agreement. 2.Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. “Additional Services” shall have the meaning set forth in Section 7, below; City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 31 18 b.“Application or App” shall mean the Phoenix G2 FSA Mobile Application for iOS and Android mobile devices. c. “Commencement Date” shall be ______________________ [tbd – 18 months from date of initial shipment.] d.“Hardware” means a physically tangible electro-mechanical system or sub-system and associated documentation provided to Customer by USDD, provided however, Hardware shall not include any televisions or monitors manufactured by third parties; e. “Emergency Support” means telephone access for Customer’s “System Administrator” (as defined below) to USDD’s senior staff and engineers in the event of a Mission Critical Failure. f.“Mission Critical Failure” means a failure in the materials, workmanship or design of the System that causes any fire station served by the System to be incapable of receiving dispatches through all communications paths, provided however, that any such failure caused by operator error, internet or telephony service outages, misuse or neglect of the System or any cause outside of USDD’s direct control does not constitute a Mission Critical Failure. g.“Services” shall have the meaning set forth in Section 3, below; h.“Software” means software programs, including embedded software, firmware, executable code, linkable object code, and source code, including any updates, modifications, revisions, copies, documentation, and design data that are licensed to Customer by USDD; i.“System” means all Hardware and Software purchased by Customer either directly from USDD or authorized USDD Reseller under any contract, purchase order, or arrangement that is used exclusively by Customer as part of its fire station alerting system, provided however, that the term “System” specifically excludes any components, hardware, or software provided by third parties, including without limitation Customer’s computers, lap tops, computer peripherals, monitors, televisions, routers, switches, operating systems, computer programs, applications, internet and network connections, and any other parts or items not provided to Customer directly by USDD; j.“Term” means the period of time during which this Agreement is in effect, including the Initial Term and all Additional Terms, as defined in Section 9, below. 3.Scope of Services. During the Term of this Agreement, USDD agrees to provide Hardware repair service and Software updates and maintenance for the System (collectively the City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 32 19 “Services”). Subject to all other terms and conditions contained in the Agreement, the Services shall include the following: a.Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays; b.Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays; c.Emergency Support, available 24 hours per day, for Customer’s System Administrator in the event of a Mission Critical Failure; d.Updates for all System Software, as and when released by USDD; e.Twenty-four (24) App licenses per each ATX Station Controller that is part of the System and covered under this Agreement. Use of the App shall be strictly governed by the Mobile Application End User’s Agreement that must be accepted by each user at the time the software is downloaded. f.Repair of defective or malfunctioning Hardware (not otherwise covered under the USDD warranty applicable to the Hardware) at USDD’s principal place of business; and g.Ground shipping for the return of repaired Hardware. 4.Hardware Repairs. If a Hardware component requires repair and a valid claim is made during the Term, at its option, USDD will, at its principal place of business, either (1) repair the Hardware at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the Hardware with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Hardware. When a product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of the Services must be used in the System to which this Agreement applies. Customer shall be responsible for and bear all risks and costs of shipping any Hardware to USDD for repair. USDD shall be responsible for and bear all risks and costs of returning any Hardware to Customer after repair or replacement. Replacement Hardware will be returned to Customer configured as it was when the Hardware was originally purchased, subject to applicable updates. 5.Claims. Prior to requesting Services, Customer is encouraged to review USDD’s online help resources. Thereafter, to make a valid claim hereunder, Customer must contact USDD technical support and describe the problem or defect with specificity. The first such contact must occur during the Term. USDD’s technical support contact information can be found on USDD’s web site: http://stationalerting.com/service-support/. Customer must use its best efforts to assist in diagnosing defects, follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 33 20 6.Limitations. The Services specifically and expressly exclude any repair, software installation, update, or other service that is necessitated by the Customer’s misuse or neglect of the System, damage arising from Customer’s failure to follow instructions relating to the product’s use, cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, alterations or repairs to the System made by any person other than an authorized USDD representative, failure of environmental controls or improper environmental conditions, modification to alter functionality or capability without the written permission of USDD, use with non-USDD products, any damage caused by fire, flood, vandalism, terrorism, riot, storm, lightning, or other acts of nature or civil unrest. The Services shall not include disassembly or re-installation of any Hardware at Customer’s site. The Services shall not include the repair of any Hardware that is determined to be obsolete or irreparable in USDD’s sole discretion. The Services shall not include repair or replacement of televisions or monitors manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. USDD shall not be liable to provide Services at any time when Customer is in breach of any obligation to USDD under this Agreement or any other contract. 7.Additional Services. Except for the Services, all other acts or performances requested or required of USDD by Customer (“Additional Services”) will be charged at USDD’s then current rates and will be in addition to all other fees and charges payable by Customer under this Agreement. Additional Services shall include (without limitation) Customer’s use of Emergency Support in the absence of a Mission Critical Failure and any Services provided by USDD on a rush basis or during hours not included in the description of the Services set forth above. Customer shall pay all invoices for Additional Services within 30 days. Invoices remaining unpaid for more than 30 days shall bear interest at 18% per annum. 8.Customer Facilitation of Services. In order to facilitate USDD’s delivery of the Services, Customer will appoint a person from its staff to consult with USDD and provide such information, access, description, and guidance as is necessary for USDD to perform its duties hereunder (“System Administrator”). The Customer will ensure that the System Administrator is reasonably available to USDD. USDD may rely on the direction of the System Administrator in performing its duties hereunder, including without limitation, direction to provide Additional Services. The Customer may replace the person serving as its System Administrator only upon prior written notice to USDD. Without limiting the foregoing, Customer will be responsible for the following: a.The provision of VPN using SSH protocol access to the System for remote access support; b.The procurement and/or provision of all computers, peripherals, and consumables (collectively “Customer Equipment”), including printer paper, toner and ink necessary for the operation, testing, troubleshooting, and functionality of the of the System; c.Any configuration and regular maintenance that is normally undertaken by the user or operator as described in the operating manual for the Customer Equipment, including the replacement of UPS batteries as necessary; City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 34 21 d.Providing a stable means of data transmission between the System Gateway and each fire station serviced by the System necessary for the installation, testing and functionality of the of the System; such means of data transmission may include, but is not limited to, TCP/IP, data modems, leased lines, radios, etc; e.The correct use of the System in accordance with USDD’s operating instructions; and f.The security and integrity of the System. 9.Ongoing Service Term, Renewal and Termination. The initial term of this Agreement shall begin on the Commencement Date and shall continue for one year (“Initial Term”). Unless previously terminated as set forth in this Section, Customer may renew this agreement for four (4) additional one-year terms (each an “Additional Term”) by giving written notice of Customer’s intent to renew at least 30 days prior to the expiration of the Initial Term or any Additional Term, as the case may be, or by timely payment of the “Annual fee” (as defined below). This Agreement may be terminated by either party by providing written notice of termination to the other party at least 30 days prior to the expiration of the Initial Term or any Additional Term. USDD may terminate this Agreement for any breach hereof upon 30 days written notice. The notice shall specify the nature of the breach. If Customer fails to cure the breach within 30 days, this Agreement shall be terminated. Notwithstanding the foregoing, USDD may terminate this Agreement immediately upon non-payment of any sum due to USDD from Customer under this Agreement or any other contract. Upon termination of this Agreement, all sums previously paid to USDD shall be nonrefundable. 10.Annual Fees. On or before the first day of the Initial Term and each Additional Term (each a “Due Date”), Customer shall pay USDD an annual fee in advance for the Services to be delivered hereunder (“Annual Fee”). The Annual Fee shall be the product of the total cumulative sales price of all Hardware, Software, and other tangible goods or equipment provided to Customer at any time under any circumstances (“Base Amount”), multiplied by .09. Customer acknowledges and agrees that the Base Amount is cumulative and will increase by the purchase price of all Software, Hardware and other tangible goods and equipment purchased in the future. USDD shall calculate the Base Amount, determine the Annual Fee and provide an invoice to Customer therefor within 45 days prior to the subject Due Date. Customer shall pay the Annual Fee on or before the Due Date or 30 days after the date of the invoice, whichever is later. Invoices remaining unpaid shall bear interest at 18 % per annum. Annual Fees are nonrefundable. 11.Limited Warranty. USDD warrants that the Services performed hereunder will be carried out with due care and attention by qualified personnel. Defective Hardware subject to repair hereunder will be repaired to good working order. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 35 22 AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any hardware under this warranty or make a product exchange without risk to or loss of the programs or data stored thereon. 12.Force Majeure. Except for Customer’s duty to pay sums due hereunder, neither party will be liable for any act, omission, or failure to fulfill its obligations under this Agreement if such act, omission or failure arises from any cause beyond its control including acts of nature, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, governmental action after the date of this Agreement, fire communication line failures, power failures, earthquakes or other disasters. The party unable to fulfill its obligations due to Force Majeure will immediately: a.Notify the other in writing of the reasons for its failure to fulfill its obligations and the effect of such failure; and b.Use all responsible endeavors to avoid or remove the cause and perform its obligations. 13.Headings and Usage. The headings, captions, and section numbers contained herein are provided for convenience only and are not part of the terms of this Agreement. When the context of the words used in this Agreement indicate that such is the intent, words in the singular shall include the plural, and vice versa, and the references to the masculine, feminine or neuter shall be construed as the gender of the person, persons, entity or entities actually referred to require. 14.Waiver. No failure or delay, in any one or more instances, to enforce or require strict compliance with any term of this Agreement shall be deemed to be a waiver of such term nor shall such failure or delay be deemed a waiver of any other breach of any other term contained in this Agreement. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 36 23 15.Governing Law; Parties in Interest. This Agreement will be governed by and construed according to the laws of the State of Minnesota without regard to conflicts of law principles and will bind and inure to the benefit of the successors and assigns of the parties. 16.Execution in Counterparts. This Agreement may be executed in counterparts, all of which taken together shall be deemed one original. The date of this Agreement shall be the latest date on which any party executes this Agreement. 17.Entire Agreement. This Agreement contains the entire understanding between the parties, and supersedes any prior understandings and agreements between or among them with respect to the subject matter hereof. This Agreement may not be amended, altered, or changed except by the express written agreement of the parties. 18.Joint Effort. This Agreement has been drafted through the joint efforts of the parties and shall not be construed against any party on the basis that such party is the drafter of this Agreement or any term thereof. 19.Savings Clause. In the event any part, provision, or term of this Agreement is deemed to be illegal or unenforceable, this Agreement shall be construed as if such unenforceable part, provision, or term had not been included herein. Such illegal or unenforceable part, provision, or term shall be deemed revised to the extent necessary to cure its defect and such revision and the remainder of the Agreement shall be and remain in full force and effect. 20.Images and Testimonials. During the term of this Service Agreement, Customer agrees that USDD may take, make or obtain images, pictures, photographs, commentary, and video and audio recordings of Customer’s System and property and reproductions of the same in whole or in part, either digitally or in any other medium now known or later discovered (collectively “Images”). In addition, USDD may request Customer to provide testimonials, endorsements, feedback or other written or oral comments concerning Customer’s experience with the System (collectively “Testimonials”). Customer consents to USDD’s use of such Images and Testimonials for verification, training, and promotional purposes in USDD’s sole discretion and agrees that all such Images and Testimonials shall remain the property of USDD and may be used and exploited in any media format. 21.Customer Representative. The undersigned representative of Customer hereby represents and warrants that s/he has the authority to bind Customer and that the execution, delivery and performance by Customer under this Agreement will not violate the provisions of any law, rule, regulation or policy, and will not conflict with or result in the breach or termination or constitute a default under any agreement or instrument to which Customer is a party. Signatures on Following Page City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 37 24 City of St. Louis Park: US Digital Designs, Inc.: By: _____________________________ By _________________________________ Jake Spano, Mayor Dominic Magnoni, Vice President Date: ____________________________ Date:_______________________________ By: ______________________________ Tom Harmening, City Manager Date: _____________________________ City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 38 design byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateus digital designswww.stationalerting.comMOUNT UPS XX"FPM GSS OH FPD VC ADS RR2 SYMBOL DESCRIPTION ATX MS STR PB EXP RR MR SR G2 ATX STATION CONTROLLER PHOENIX G2 STATION CONTROLLER G2 I/O REMOTE G2 MESSAGE REMOTE G2 G2 EXPANSION MODULE G2 MESSAGE SIGN G2 ROOM REMOTE G2 SIGN REMOTE OEM PUSH BUTTON OEM STROBE LIGHT SPEAKER, WEATHER-PROOFS S SPEAKER, FLUSH MOUNT S SPEAKER, METAL BOX S G2 LED SPEAKER, FLUSH MOUNT S G2 LED SPEAKER, METAL BOX AMP OEM AMPLIFIER T OEM TRANSFORMER I/O HDT CIR G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE G2 FLAT PANEL MONITOR, XX", WITH MOUNT APPARATUS DETECTION SENSOR G2 MESSAGE SIGN VOLUME CONTROL (CUSTOMER SUPPLIED) OFF-HOOK OEM FLAT PANEL DISPLAY G2 ROOM REMOTE 2 G2-UNINTERRUPTIBLE POWER SUPPLY I/O G2 I/O REMOTE NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. MX1 24 PORT MIXER v1 24 PORT MIXER v2MX2 ARTICULATING ARM MOUNT FOR GSSMSML ADAPTER PLATE FOR MSML/GSSADP ST. LOUIS PARK FIRE, MNFIRE STATION 1 - MAIN LEVEL AREA AJAPOE = USDD device connects to G2 ATX Power-Over-Ethernet (POE) port 1 thru 8 or G2 Expansion Module(s) ports 1 thru 12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n USDD.MN_STPK.FS01.FSA.DWG9/10/2018 12:04:23 PM 10-Sep-2018AMP ATX UPS INSTALLER NOTES: 1. INSTALLER TO INCLUDE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP).(IF APPLICABLE) 2.INSTALLER TO PROVIDE 1 CAT5/6 CABLE FROM ATX CONTROLLER TO CUSTOMER EXISTING STATION RADIO AND NETWORK SYSTEM FOR BACKUP. 3. INSTALLER TO PROVIDE CONNECTION BETWEEN (EXISTING) OWNER-FURBISHED STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE. (IF APPLICABLE) 4. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. EXP UPS THIS DOCUMENT CONTAINS C O N F I D E N T I A L A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. S S S S S S S S S S S S S S S SSS SS S S S S S S GSS S KEY PLAN A B AREA A AREA B AREA A AREA B RR2 RR2 RR2 RR2 RR2 RR2 RR2 S POE POE POE POE POE POE POE POE POEPOE POE AMP EA.1 A.1 A.2 US DIGITAL DESIGNS Count Name 2 EXTERNAL AMPLIFIER (60-100W) 1 G2 ATX STATION CONTROLLER 3 G2 COLOR INDICATOR REMOTE 1 G2 EXPANSION UNIT (G2-EXP-12) 3 G2 HDTV REMOTE 29 G2 LED SPEAKER (G2-LVL-HC-70) 15 G2 MESSAGE SIGN STANDARD (MS-G2-S) 3 G2 MS ADAPTOR PLATE DOUBLE (AP-D) 1 G2 STROBE LIGHT 2 G2 UPS (G2-UPS) 3 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 1 PUSH BUTTON (RED) 7 ROOM REMOTE 2 (RR-2) 13 SPEAKER FLUSH MOUNT 12 SPEAKER WEATHER-PROOF S S S TO ATX SWITCH ONLY S CIR CIR CIR POE POE GAS SHUTOFF REQUESTED INTERIOR AND EXTERIOR GAS SHUTOFF REQUESTED. (VERIFY LOCATIONS) A.4 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 39 design byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateus digital designswww.stationalerting.comMOUNT UPS XX"FPM GSS OH FPD VC ADS RR2 SYMBOL DESCRIPTION ATX MS STR PB EXP RR MR SR G2 ATX STATION CONTROLLER PHOENIX G2 STATION CONTROLLER G2 I/O REMOTE G2 MESSAGE REMOTE G2 G2 EXPANSION MODULE G2 MESSAGE SIGN G2 ROOM REMOTE G2 SIGN REMOTE OEM PUSH BUTTON OEM STROBE LIGHT SPEAKER, WEATHER-PROOFS S SPEAKER, FLUSH MOUNT S SPEAKER, METAL BOX S G2 LED SPEAKER, FLUSH MOUNT S G2 LED SPEAKER, METAL BOX AMP OEM AMPLIFIER T OEM TRANSFORMER I/O HDT CIR G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE G2 FLAT PANEL MONITOR, XX", WITH MOUNT APPARATUS DETECTION SENSOR G2 MESSAGE SIGN VOLUME CONTROL (CUSTOMER SUPPLIED) OFF-HOOK OEM FLAT PANEL DISPLAY G2 ROOM REMOTE 2 G2-UNINTERRUPTIBLE POWER SUPPLY I/O G2 I/O REMOTE NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. MX1 24 PORT MIXER v1 24 PORT MIXER v2MX2 ARTICULATING ARM MOUNT FOR GSSMSML ADAPTER PLATE FOR MSML/GSSADP ST. LOUIS PARK FIRE, MNFIRE STATION 1 - UPPER LEVEL AREA APOE = USDD device connects to G2 ATX Power-Over-Ethernet (POE) port 1 thru 8 or G2 Expansion Module(s) ports 1 thru 12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n USDD.MN_STPK.FS01.FSA.DWG10-Sep-20189/10/2018 12:04 PM THIS DOCUMENT CONTAINS C O N F I D E N T I A L A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. KEY PLAN A B AREA A AREA B AREA A AREA B S HDT TO ATX SWITCH ONLY S GSS GSS SS S S S TO NEAREST G2 DEVICE WITH DIGITAL INPUT (ATX, MR, RR, I/O, OTHER) PB-B HDT TO ATX SWITCH ONLY POE POE POE A.1 GSS POE City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 40 design byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateus digital designswww.stationalerting.comMOUNT UPS XX"FPM GSS OH FPD VC ADS RR2 SYMBOL DESCRIPTION ATX MS STR PB EXP RR MR SR G2 ATX STATION CONTROLLER PHOENIX G2 STATION CONTROLLER G2 I/O REMOTE G2 MESSAGE REMOTE G2 G2 EXPANSION MODULE G2 MESSAGE SIGN G2 ROOM REMOTE G2 SIGN REMOTE OEM PUSH BUTTON OEM STROBE LIGHT SPEAKER, WEATHER-PROOFS S SPEAKER, FLUSH MOUNT S SPEAKER, METAL BOX S G2 LED SPEAKER, FLUSH MOUNT S G2 LED SPEAKER, METAL BOX AMP OEM AMPLIFIER T OEM TRANSFORMER I/O HDT CIR G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE G2 FLAT PANEL MONITOR, XX", WITH MOUNT APPARATUS DETECTION SENSOR G2 MESSAGE SIGN VOLUME CONTROL (CUSTOMER SUPPLIED) OFF-HOOK OEM FLAT PANEL DISPLAY G2 ROOM REMOTE 2 G2-UNINTERRUPTIBLE POWER SUPPLY I/O G2 I/O REMOTE NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. MX1 24 PORT MIXER v1 24 PORT MIXER v2MX2 ARTICULATING ARM MOUNT FOR GSSMSML ADAPTER PLATE FOR MSML/GSSADP ST. LOUIS PARK FIRE, MNFIRE STATION 1 - MAIN LEVEL AREA BPOE = USDD device connects to G2 ATX Power-Over-Ethernet (POE) port 1 thru 8 or G2 Expansion Module(s) ports 1 thru 12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n USDD.MN_STPK.FS01.FSA.DWG9/10/2018 12:04:36 PM 10-Sep-2018INSTALLER NOTES: 1. INSTALLER TO INCLUDE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP).(IF APPLICABLE) 2.INSTALLER TO PROVIDE 1 CAT5/6 CABLE FROM ATX CONTROLLER TO CUSTOMER EXISTING STATION RADIO AND NETWORK SYSTEM FOR BACKUP. 3. INSTALLER TO PROVIDE CONNECTION BETWEEN (EXISTING) OWNER-FURBISHED STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE. (IF APPLICABLE) 4. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 5. GAS SHUT OFF EQUIPMENT NOT PROVIDED BY USDD. 6. VOLUME CONTROL PROVIDED BY OWNER. THIS DOCUMENT CONTAINS C O N F I D E N T I A L A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. KEY PLAN A B AREA A AREA B AREA A AREA B AREA A AREA B S S S S S S S S S S S POE EA.2 A.3 STR ALERT SS City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 41 design byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateus digital designswww.stationalerting.comMOUNT UPS XX"FPM GSS OH FPD VC ADS RR2 SYMBOL DESCRIPTION ATX MS STR PB EXP RR MR SR G2 ATX STATION CONTROLLER PHOENIX G2 STATION CONTROLLER G2 I/O REMOTE G2 MESSAGE REMOTE G2 G2 EXPANSION MODULE G2 MESSAGE SIGN G2 ROOM REMOTE G2 SIGN REMOTE OEM PUSH BUTTON OEM STROBE LIGHT SPEAKER, WEATHER-PROOFS S SPEAKER, FLUSH MOUNT S SPEAKER, METAL BOX S G2 LED SPEAKER, FLUSH MOUNT S G2 LED SPEAKER, METAL BOX AMP OEM AMPLIFIER T OEM TRANSFORMER I/O HDT CIR G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE G2 FLAT PANEL MONITOR, XX", WITH MOUNT APPARATUS DETECTION SENSOR G2 MESSAGE SIGN VOLUME CONTROL (CUSTOMER SUPPLIED) OFF-HOOK OEM FLAT PANEL DISPLAY G2 ROOM REMOTE 2 G2-UNINTERRUPTIBLE POWER SUPPLY I/O G2 I/O REMOTE NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. MX1 24 PORT MIXER v1 24 PORT MIXER v2MX2 ARTICULATING ARM MOUNT FOR GSSMSML ADAPTER PLATE FOR MSML/GSSADP ST. LOUIS PARK FIRE, MNFIRE STATION 1 - UPPER LEVEL AREA BPOE = USDD device connects to G2 ATX Power-Over-Ethernet (POE) port 1 thru 8 or G2 Expansion Module(s) ports 1 thru 12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n USDD.MN_STPK.FS01.FSA.DWG10-Sep-20189/10/2018 12:04 PM THIS DOCUMENT CONTAINS C O N F I D E N T I A L A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. KEY PLAN A B AREA A AREA B AREA A AREA B AREA A AREA B S A.3 S City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 42 design byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedateus digital designswww.stationalerting.comMOUNT UPS XX"FPM GSS OH FPD VC ADS RR2 SYMBOL DESCRIPTION ATX MS STR PB EXP RR MR SR G2 ATX STATION CONTROLLER PHOENIX G2 STATION CONTROLLER G2 I/O REMOTE G2 MESSAGE REMOTE G2 G2 EXPANSION MODULE G2 MESSAGE SIGN G2 ROOM REMOTE G2 SIGN REMOTE OEM PUSH BUTTON OEM STROBE LIGHT SPEAKER, WEATHER-PROOFS S SPEAKER, FLUSH MOUNT S SPEAKER, METAL BOX S G2 LED SPEAKER, FLUSH MOUNT S G2 LED SPEAKER, METAL BOX AMP OEM AMPLIFIER T OEM TRANSFORMER I/O HDT CIR G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE G2 FLAT PANEL MONITOR, XX", WITH MOUNT APPARATUS DETECTION SENSOR G2 MESSAGE SIGN VOLUME CONTROL (CUSTOMER SUPPLIED) OFF-HOOK OEM FLAT PANEL DISPLAY G2 ROOM REMOTE 2 G2-UNINTERRUPTIBLE POWER SUPPLY I/O G2 I/O REMOTE NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2. US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. MX1 24 PORT MIXER v1 24 PORT MIXER v2MX2 ARTICULATING ARM MOUNT FOR GSSMSML ADAPTER PLATE FOR MSML/GSSADP ST. LOUIS PARK FIRE, MNFIRE STATION 2JAPOE = USDD device connects to G2 ATX Power-Over-Ethernet (POE) port 1 thru 8 or G2 Expansion Module(s) ports 1 thru 12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n USDD.MN_STPK.FS02.FSA.DWG9/10/2018 12:04:47 PM 06-Sep-2018AMP ATX UPS INSTALLER NOTES: 1. INSTALLER TO INCLUDE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP).(IF APPLICABLE) 2.INSTALLER TO PROVIDE 1 CAT5/6 CABLE FROM ATX CONTROLLER TO CUSTOMER EXISTING STATION RADIO AND NETWORK SYSTEM FOR BACKUP. 3. INSTALLER TO PROVIDE CONNECTION BETWEEN (EXISTING) OWNER-FURBISHED STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE. (IF APPLICABLE) 4. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 5. GAS SHUT OFF EQUIPMENT NOT PROVIDED BY USDD. EXP UPS THIS DOCUMENT CONTAINS C O N F I D E N T I A L A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. GSS GSSAPDMSML POE GSS GSSAPDMSML GSS GSSAPDMSML S S S S S S S S INSTALL ABOVE MESSAGE SIGNS TO ATX SWITCH ONLY HDT STR TO ATX SWITCH ONLY POE A.1 A.4 POE POE POE POE POE POE POE POE POE POE A.3 US DIGITAL DESIGNS Count Name 1 EXTERNAL AMPLIFIER (60-100W) 1 G2 ATX STATION CONTROLLER 2 G2 COLOR INDICATOR REMOTE 1 G2 EXPANSION UNIT (G2-EXP-12) 2 G2 HDTV REMOTE 22 G2 LED SPEAKER (G2-LVL-HC-70) 11 G2 MESSAGE SIGN STANDARD (MS-G2-S) 3 G2 MS ADAPTOR PLATE DOUBLE (AP-D) 2 G2 STROBE LIGHT 2 G2 UPS (G2-UPS) 3 MS-MNT-ART-L 5 PUSH BUTTON (BLACK) 1 PUSH BUTTON (RED) 6 ROOM REMOTE 2 (RR-2) 14 SPEAKER FLUSH MOUNT 8 SPEAKER WEATHER-PROOF PB-B TO NEAREST G2 DEVICE WITH DIGITAL INPUT (ATX, MR, RR, I/O, OTHER) POE POEEA.1 ALERT PB-R INTERIOR AND EXTERIOR GAS SHUTOFF REQUESTED. INTERIOR AND EXTERIOR GAS SHUTOFF REQUESTED. (VERIFY LOCATIONS) ACK.ACK PB-B ACK PB-B ACK POE POE S S S SSSS S SS S S SS S S S S S S S S S SS S S S S SS S S S S S A.2 City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 43 25 EXHIBIT D Warranty US Digital Designs NEW SYSTEM WARRANTY 1.Warranty. Subject to the terms, conditions and limitations contained herein, US Digital Designs, Inc. (“USDD”) warrants that the System shall not contain any material defects and shall function in material conformity with the descriptions and specifications set forth in the EUAA for a period of 18 months from the date of shipment of Products from USDD’s warehouse (“Warranty Period”). Capitalized terms used herein and not specifically defined in this Warranty shall have the meanings set forth in the EUAA. 2.Hardware Defects. If a Hardware defect arises and a valid claim is made within the Warranty Period, USDD, at its option, will either (1) repair the hardware defect at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product. Any replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for 90 days from the date of repair, whichever is later. When a product or part is exchanged, any replacement item becomes the End User’s property and the replaced item becomes the property of USDD. Parts provided by USDD in fulfillment of its warranty obligation must be used in the System for which warranty service is claimed. End User shall be responsible for and bear all risks and costs of shipping any Hardware to USDD for repair. USDD shall be responsible for and bear all risks and costs of returning any Hardware to End User after repair or replacement. Replacement Hardware will be returned to City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 44 26 End User configured as it was when the Hardware was originally purchased, subject to applicable updates. 3.System Maintenance and Support. During the Warranty Period, USDD shall provide Software updates and maintenance for the System (collectively the “Support Services”). The Services shall include the following: a.Technical phone support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays; b.Remote access support Monday through Friday from 08:00 to 17:30 MST, excluding USDD holidays; c.24 hour per day telephone access for End User’s System Administrator or designee to USDD’s senior staff and engineers in the event of a “Mission Critical Failure” (as defined below); and d.Updates for all System Software, as and when released by USDD. 4.Claims. Prior to making a Warranty claim or requesting Support Services, End User is encouraged to review USDD’s online help resources. Thereafter, to make a valid claim hereunder, End User must contact USDD technical support and describe the problem or defect with specificity. The first such contact must occur during the Warranty Period. USDD’s technical support contact information can be found on USDD’s web site at http://stationalerting.com/service-support/. End User must use its best efforts to assist in diagnosing defects, follow USDD’s technical instructions, and fully cooperate in the diagnostic process. Failure to do so shall relieve USDD of any further obligation hereunder. 5.Mission Critical Failure. “Mission Critical Failure” means a failure in the materials, workmanship or design of the System that causes any fire station served by the System to be incapable of receiving dispatches through all communications paths, provided however, that any such failure caused by operator error, internet or telephony service outages, misuse or neglect of the System or any cause outside of USDD’s direct control does not constitute a Mission Critical Failure. End User’s use of Emergency Support in the absence of a Mission Critical Failure shall constitute Additional Services under the EUAA, which will be charged at USDD’s then current rates. 6.Exclusions and Limitations. USDD’s obligations under this Warranty are contingent on the End User providing USDD with VPN access using SSH protocol for remote access to the System for remote diagnosis. USDD does not warrant that the operation of the System, Hardware, Software, or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from End User’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software not used in conjunction with the System and for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Recovery and reinstallation of Hardware and user data (including City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 45 27 passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. If at any time during the Warranty Period, Customer operates the System in a virtualized environment not provided by USDD or on any server other than dedicated servers provided by USDD, this Warranty shall not apply to server performance or compatibility with the remainder of the System. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any Hardware under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon. City council meeting of April 15, 2019 (Item No. 4k) Title: Approve contract with US Digital Designs, Inc.Page 46 Meeting: City council Meeting date: April 15, 2019 Consent agenda item: 4l Executive summary Title: Accept donation and approve out-of-state travel - NLC – REAL Academy 2019 Recommended action: Motion to adopt Resolution approving acceptance of a donation from NLC-REAL for travel expenses, and approve out-of-state travel for Mayor Jake Spano to attend the NLC-REAL Academy 2019 in Washington, DC. Policy consideration: Does council wish to accept the donation for travel-related expenses, and approve of this out-of-state travel? Summary: Mayor Jake Spano and City Manager Tom Harmening have been invited to attend the National League of Cities – Race, Equity, and Leadership (NLC – REAL) Academy 2019 in Washington, DC on April 11-12, 2019. NLC-REAL has offered a $500 travel stipend to each attendee and lodging accommodations for two nights. Pursuant to MN Statute 471.661 and Resolution No. 06-007, City of St. Louis Park Elected Official Out-of-State Travel Policy, the city council is required to approve any travel outside the State of Minnesota for elected officials. State statute also requires city council’s acceptance of donations. Donations are treated as a gift to the city and need to be a resolution adopted by the city council acknowledging that attendance at this event serves a public purpose and that the gift is accepted. 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. Supporting documents: Resolution Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 4l) Page 2 Title: Accept donation and approve out-of-state travel - NLC – REAL Academy 2019 Resolution No. 19-___ Resolution approving out of state travel and approving acceptance of a donation to cover travel-related expenses Whereas, the City of St. Louis Park is required by state statute to authorize acceptance of donations; and Whereas, state statute and city council policy requires city council approval of out of state travel by elected officials; and Whereas, the city council must also ratify any restrictions placed on the donation by the donor; and Whereas, the funds are for employee travel expenses related to participation in the REAL Academy 2019 on April 11-12 in Washington, DC; Now therefore be it resolved, by the City Council of the City of St. Louis Park that the travel by Mayor Spano to Washington DC for this conference is approved and the gift is hereby accepted with thanks to National League of Cites – Race, Equity and Leadership (NLC – REAL) for inviting Mayor Jake Spano and City Manager Tom Harmening to participate in this conference and provide a $500 travel stipend and lodging accommodations. Reviewed for administration: Adopted by the City Council April 15, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk Meeting: City council Meeting date: April 15, 2019 Public hearing: 6a Executive summary Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000) Recommended action: Mayor to open public hearing, take public testimony, and close the public hearing. Council is asked to take final action on this project at the May 6 meeting. Policy consideration: Does the city council wish staff to continue to pursue the installation of the bikeway, bridge, and trail segments identified in this report? Summary: Connect the Park is the city's 10-year Capital Improvement Plan (CIP) to add additional bikeways, sidewalks, and trails throughout the community. The primary goal of Connect the Park is to develop a comprehensive, city-wide network of bikeways, sidewalks, and trails that provides local and regional connectivity, improves safety and accessibility, and enhances overall community livability. This is achieved by creating a system that provides sidewalks approximately every 1/4 -mile and bikeways every 1/2 -mile in order to improve pedestrian and bicycle connectivity throughout the community. This project is included in the Connect the Park plan. The engineering department has been working on the preliminary design and associated public process. The segments included in the 2019 project are: •Dakota Avenue bikeway between Dakota Park and Lake Street. •Edgewood Avenue multi-use trail between BNSF railroad right of way and Cedar Lake Road. •Pedestrian and bicycle bridge over the BNSF Railroad connecting Edgewood Avenue and Dakota Park. Financial or budget considerations: This project is included in the city’s capital improvement plan (CIP) for 2019. At this time the project is proposed to be financed by using general obligation bonds and $2,918,400 in federal funds. For various reasons the project cost exceeds what had originally been anticipated. Additional information on project costs is discussed later in this report. 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 April 8, 2019 Study Session Report (available at link or upon request) Communications from residents Prepared by: Jack Sullivan, Senior Engineering Project Management Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 6a) Page 2 Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000) Discussion Background: The Dakota Avenue bikeway and bridge corridor was first identified as a part of the Active Living: Sidewalk and Trails Plan in 2007 and was then integrated into the Connect the Park capital improvement plan in 2012. The Dakota Avenue corridor is centrally located and is key to enhancing walking and biking in the city by connecting destinations such as parks, schools, businesses, regional trails, and SWLRT. Information regarding this project was shared with the City Council at the April 8 study session. The study session report, which includes recommendations for the elements to include in this project, is attached. A summary of the information in that study report is as follows: •Design of the Edgewood Avenue multiuse trail between Cedar Lake Road and the BNSF railroad. •Design of the bicycle and pedestrian bridge over BNSF railroad. •Design of Dakota Avenue bikeway from 26th Street to Lake Street. Study Session Discussion: Three areas received the most discussion during the study session were as follows: •Bike facilities on Dakota Avenue: Proposed removal of any on street parking for a short section of Dakota Avenue between east 32nd Street and west 32nd Street. Comments from residents who live in this area are attached to this report. Staff continues to engage the community to understand their concerns and continue to work on ways to address their concerns regarding the recommended parking modifications prior to construction. •Public art: The design of the Dakota Bridge is expected to have public art on the bridge structure. The art components are anticipated to be integrated in to the bridge railing, bridge lighting and as form liners for some of the concrete of the bridge structure. Staff plans to engage an artist to help develop the public art. Staff anticipates holding a listening session with the public to identify themes and sense of place that could be incorporated in to the artwork. The locations and type of public art will need to be identified by mid-July to ensure the bridge elements can be finalized and submitted for review. •Project cost: Council expressed some concern with the costs of the project. The estimates shown below are based on 30 percent preliminary plans and are subject to change as additional design refinement occurs as we progress toward final plans. Staff will continue to work to value engineer the project to ensure a cost efficient project. Estimated Construction Costs: Description Estimated cost Edgewood multiuse trail $600,000 Bridge over BNSF $3,900,000 Dakota bikeway $600,000 Public art $125,000 North bridge stairs $80,000 South bridge stairs $60,000 Relocation of utilities $225,000 Construction Total $5,590,000 City council meeting of April 15, 2019 (Item No. 6a) Page 3 Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000) The city was successful at securing $2,918,400 of federal funds from the Transportation Advisory Board of the Metropolitan Council to help fund portions of the project. The cost of the project as it is proposed is $1,887,500 over the costs estimated in the CIP. This is largely due to the need to acquire right of way to construct the bridge and design enhancements to build a more accessible bicycle and pedestrian facility from Cedar Lake Road to Lake Street. The project is proposed to be funded as shown below. CIP Engineer's Estimate Construction cost $5,080,000 $5,590,000 Engineering and administration $1,270,000 $1,647,500 Land acquisition/ right of way $0.00 $1,000,000 Total $6,350,000 $8,237,500 Funding Sources Bridge and bikeways (GO Bonds) $3,431,600 $5,319,100 Federal Aid $2,918,400 $2,918,400 Total $6,350,000 $8,237,500 Proposed schedule: The schedule for the project to facilitate meeting the federal deadlines for this project is as follows: Public hearing April 15, 2019 Approve preliminary layout May 6, 2019 Public art component needs to completed Mid July 2019 Federal Aid preliminary plan submittal (60%) July 2019 City Council - Approve Final Plans November 2019 Federal Aid final plan submittal November 2019 Construction February 2020 – Late 2020 Next steps: Council will be asked to approve the preliminary layout on May 6, 2019. The approval of the preliminary layout in early May is critical in allowing the project documents to be finalized by late 2019. The council will be asked to approve the final plans and authorize staff to advertise for bids in late 2019. At that time staff will provide an updated construction estimate, funding, and CIP details. 1 Ben Manibog Jr From:Personal Sent:Tuesday, April 2, 2019 11:45 AM To:Ben Manibog Jr Subject:Bike Bridge ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information***  ************************************************************************************************** **************  Hey! This is  whom lives on Edgewood Ave S. I am so happy to see the connect the park project  take hold. Biking is a huge part of my life and a crucial aspect to Minneapolis living. This makes life so much easier to get  to the West End and Life Time safely. I can’t wait to see it take place and am in full support. Biggest thing I’m worried  about is honestly the light rail and it’s effects on the cedar lake trail. Having easy and minor detours at best are crucial to  the success of connect the park. There are an incredible amount of people that use that trail to get to downtown and  shutting it down for the construction will be devastating for years while undermining the connect the park process for a  long time. Another issue is how rough the roads are on cedar lake road and other main roads. It is incredibly dangerous  to bike on these shoulders due to that. Once you get across the new bridge the sidewalks and shoulders are not great  for transiting with a bike the way they currently are. Also, take a ride on the trail along the railroad on a road bike.... the  cracks are so uncomfortable to ride on. If you ask any constant rider they would agree and know exactly what I’m talking  about. The fix they did to the cracks last year really didn’t help much at all to be honest.   Thank you much for the considerations! I am an avid supporter of the program and investment.  City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 4 1 Ben Manibog Jr From:Mary Sent:Friday, March 29, 2019 10:45 AM To:Ben Manibog Jr Subject:Restricted parking on Dakota Ave. ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 5 City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 6 City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 7 1 Ben Manibog Jr From: Sent:Sunday, April 7, 2019 3:20 PM To:Ben Manibog Jr Cc:Tom Harmening; Debra Heiser Subject:Fwd: Invitation: Neighborhood meeting for Dakota Ave ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Hi Ben, Here are additional comments from . Sincerely, Rachel Harris Begin forwarded message: From: Date: April 7, 2019 at 2:50:29 PM CDT To: Rachel Harris <rachel.annalise@gmail.com>, Subject: Re: Invitation: Neighborhood meeting for Dakota Ave Hi Rachel, Sorry I cannot make the 4PM meeting on Monday. But, I hope you have heard our concerns about the removal of parking on Dakota due to the proposed bike lane addition. We are NOT in favor -- at all -- of removing the parking on Dakota. There are many residents, including multiple renters with only one garage stall, who must use street parking on Dakota. There are very few seasonal bikers using Dakota, and there is plenty of space for them to use the road as they connect to nearby bike paths. It is disconcerting, to say the least, that the parking removal was not communicated to residents via the recent letter we received. Apparently, there have been two prior meetings where we could've voiced concerns over this matter, but NO ONE on Dakota was made aware of this. In fact, very few, if any, residents were aware that their street parking was going to be affected by this bike lane. We had no idea until our neighbor mentioned it to us after she dug deeper into the materials posted on the City's website. These were not made clear, nor were they easy to find. Unfortunately, we will be out of town and will miss the meeting on the 15th. We implore you and the other council members to vote against removing parking on Dakota. With multiple businesses nearby, and many residents who park on Dakota (including several with young children who need safe access to their homes), removing parking is ill-advised. I'm in favor of a bike lane as long as it does not impede street parking on Dakota. City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 8 City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 9 3 R m m R m m P R m m Doodle AG, Werdstrasse 21, 8021 Zürich Unsubscribe From This List | Manage Email Preferences City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 10 1 Ben Manibog Jr From: Sent:Monday, April 8, 2019 7:59 AM To:Rachel Harris Cc: Jake Spano; Steve Hallfin; Thom Miller; Margaret Rog; Anne Mavity; Tom Harmening; Ben Manibog Jr; Subject:Dakota Residents request additional bike lane design options. Attachments:Bike Lane 190329.pdf ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Dear Rachel, As I've mentioned via phone and email, and I (3148 Dakota Ave South - 16 year residents) share the same concerns as our neighbors . With the short notice for the meeting today, I was unable to reschedule my day and unfortunately cannot attend. My husband is trying to take off work to join the meeting at city hall 4-6pm. Again, we all want a bike trail. No neighbor I spoke with is against it. We are opposed to losing 60-100% of our street parking in the cities current plan - we do not want a lane shift in front of our home and no parking on either side of the street. Many of the areas the city has designated for parking in the current plan, are areas where residents access their home from the street and have driveways- so the parking that is shown on the current plan is deceptive. We will not have enough parking for guests, clients, large deliveries, bagsters, construction, etc. anywhere near our home and that is not acceptable. We cannot use the alley for parking, other than our own two cars. We would like the city engineers to look at other viable options for a trail that leaves most of our parking. (registered Architect) and I have proposed Option 1, it's attached again for your reference. Option 1: leaves the parking, creates larger boulevards at the corners, creates a 6' two way bike lane. Option 2: create bike lanes on the existing boulevards, so that they would be next to the sidewalks. Option 3: move the bike lane adjacent to the train tracks. This is a part-time seasonal bike trail - the needs of residents should come first. It's interesting that there is no loss of parking to the North of Minnetonka Blvd... they also have alleys and heavy traffic due to Peter Hobart. We've ridden our bikes in that location as well and always take the sidewalk. Sincerely, On 4/7/2019 8:04 PM, wrote: Hi Rachel, City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 11 City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 12 1 Ben Manibog Jr From: Sent:Thursday, March 28, 2019 6:39 PM To:Ben Manibog Jr Subject:Dakota Bike Lane Project ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Hi Ben, My name is , my husband and I are the homeowners at 3132 Dakota Ave S. We have just been made aware by our neighbor that the City of St. Louis Park intends to create a bike lane(s) on Dakota and the parking in front of our house will be removed. This is NOT acceptable to us -- and to the other residents I have spoken to along Dakota. In the letter about the project I received today, there is NO mention of restricting parking access on our side of the street. Today is the first day I have heard of it from our neighbor. There are many people who need access to parking in front of their homes on Dakota, including several renters who have multiple cars -- and only one garage stall -- on their property. We purchased this house knowing we would have street parking. And, of course, we pay property taxes here as well. There is plenty of space for bikers to use Dakota without adding a bike lane, or restricting parking. In fact, I am fine with a bike lane, as long as it doesn't restrict parking for residents. We don't feel that the small percentage of bikers who use Dakota should dictate the parking in front of our residence. Again, restricting parking on Dakota is unacceptable to us. I will also be voicing our concerns to the City Council. Sincerely, City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 13 1 Ben Manibog Jr From: Sent:Sunday, April 7, 2019 9:27 PM To:Jake Spano; Steve Hallfin; Thom Miller; Margaret Rog; Anne Mavity; Rachel Harris; Tim Brausen; Tom Harmening; Ben Manibog Jr Cc: Subject:Connect the Park 2019 - Dakota Park bridge and bikeway ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Dear Mayor Spano, City Manager Harmening, City Council Members and Ben Manibog, I have been a resident of St. Louis Park for almost six years and I am writing to express my strong opposition to the proposed plan that would remove the ability to park in front of my own house at 3132 Dakota Avenue South due to the installation of bike lanes on Dakota Avenue between Peter Hobart School and Lake Street. In recent communication with Ben Manibog and Rachel Harris expressing our displeasure with the plan, my wife was informed that we had received 3 letters inviting us to meetings regarding the project. I have looked at each of those letters again, and there is no mention at all of any proposal to remove my—and my neighbors’— ability to park in front of our houses in the letters. (I was able to access the letters at https://www.stlouispark.org/government/departments-divisions/engineering/connect-the-park/2019-projects.) If the removal of our ability to park in front of the houses we’ve purchased in St. Louis Park—and pay taxes to St. Louis Park for—had been explicitly stated, we, and many of our neighbors, most certainly would have attended the meetings to voice our strong opposition to any such plan. When we are told “you received invitations to meetings,” it makes us feel as though we are being blamed for not knowing something that was not clearly communicated to us in the invitations that we actually received. That does not sit well with me. If I would have been told six years ago when I purchased my house in St. Louis Park that I would not be able to park in front of my house, I certainly would have thought twice about purchasing. And I am very concerned about the impact that this plan will have on the resale value of my house in the future. Please do not pass any plan for bike lanes on Dakota Ave that restricts any homeowner's ability to park in front of his or her house. Sincerely, -------------------- 3132 Dakota Ave S City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 14 1 Ben Manibog Jr From:Rachel H <rharris.slp@gmail.com> Sent:Wednesday, April 10, 2019 7:43 AM To:Ben Manibog Jr Cc:Debra Heiser; Tom Harmening Subject:Fwd: St. Louis Park City Council ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Forwarding to Ben for inclusion in the council packet. Warmly, Rachel Rachel Harris City Council - Ward 3, St. Louis Park, MN Begin forwarded message: From: Date: April 9, 2019 at 8:11:15 PM CDT To: rharris.slp@gmail.com Subject: St. Louis Park City Council Dear Ms. Harris, We are concerned about the 2019 Bikeway Project. How much input from the neighborhood have you gotten? How busy is the bike traffic? Has there been a study done? What are we to do with family and friends when they come to visit? Dakota is all ready wider than many other streets, I see no need for making a “bike lane” When we have had a street make-over not that long ago. I don’t think this is necessary just to advertise that SLP has all these designated bike trails when it is making a hardship for tax paying homeowners. Has there been community meetings that we have not been aware of? As a resident of SLP. I would like to have a input opportunity. We would appreciate some answers to our concerns. 3205 Dakota Ave So. SLP Sent from my iPad City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 15 1 Ben Manibog Jr From:Rachel H <rharris.slp@gmail.com> Sent:Wednesday, April 10, 2019 8:02 AM To:Ben Manibog Jr Cc:Tom Harmening; Debra Heiser Subject:Fwd: Elimination of Parking on Dakota ***External Email – Be Suspicious of Unexpected Attachments, Links and Requests for Login Information*** ****************************************************************************************** ********************** Hi  Thank you for reaching out. I have heard your concerns.  Copying our transportation engineer, Ben Manibog, for inclusion in the city council packet.  Please note: He can also respond to your questions about the Dakota Bikeway Plan that connects from Cedar Lake Road  to Lake Street. He is copied on this message.  Our community is better every day with resident and neighborhood engagement. Thank you for taking time to write.  Sincerely,  Rachel  Rachel Harris  City Council ‐ Ward 3, St. Louis Park, MN  Begin forwarded message:  From:  Date: April 9, 2019 at 1:14:36 PM CDT  To: "rharris.slp@gmail.com" <rharris.slp@gmail.com>, "tharmening@stlouispark.org" <tharmening@stlouispark.org>  Subject: Elimination of Parking on Dakota  I am writing to express my concern for the proposal to change Dakota Avenue and the plan to take away on‐street  parking from the residents who own homes on Dakota. I have lived in St. Louis Park for 26 years and have lived on  Dakota for the last three. I have two sons that were raised in St. Louis Park and went through St. Louis Park schools. They  are both currently away at college.  I, along with my neighbors, are not in favor of changing the street configuration the way that you are proposing. Losing  street parking so that my family and guests cannot park on Dakota is unacceptable and unfair to the citizens that pay  taxes in our city. You are taking away from the good citizens of St. Louis Park, businesses along Dakota and guests that  want to park along Dakota for an event at the high school. We want our voices heard!  Both of my boys will be home from college this summer and I would like to have a place for them to park their cars on  Dakota. There would be no space for them in my limited alley space. This may be the last summer that they will be with  City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 16 City council meeting of April 15, 2019 (Item No. 6a) Title: 2019 Connect the Park - Dakota/Edgewood Bikeway and Bridge (4019-2000)Page 17 Meeting: City council Meeting date: April 15, 2019 Action agenda item: 8a Executive summary Title: Best Cleaners conditional use permit and variance Recommended action: Motion to adopt Resolution approving a conditional use permit and side yard variance for a building addition at 8105 Minnetonka Boulevard. Policy consideration: •Does the conditional use permit (CUP) application meet the zoning requirements for in- vehicle sales? •Is the variance application in harmony with the general purposes and intent of the zoning ordinance and consistent with the comprehensive plan? Summary: The applicant, Robert Colehour representing Best Cleaners, requests a conditional use permit to continue operating a drive-through window serving a laundromat and dry cleaning business, and a variance to reduce the required west side yard width 10 feet, from 15 feet to 5 feet. The existing building was constructed in 1961. Best Cleaners has operated on the site since 1999. The applicant proposes a 2,909 square foot addition to the existing 4,680 square foot building, in order to expand the existing laundromat and dry cleaning business. The addition would be attached to the existing building on the south side, and would be one story tall with a full basement. The landscaping on the site will also be improved as part of the project. The planning commission and city staff find that the applications meet all requirements for a conditional use permit and variance. The findings are included in the attached resolution. The planning commission conducted a public hearing and no comments were received. The commission recommended approval of both applications with conditions, on a 6-0 vote. Next steps: If the city council approves the applications, the applicant can apply for permits as required for the building addition. Financial or budget considerations: Not applicable Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Resolution Site location map Planning commission minutes Site plan Existing and proposed building images Prepared by: Jacquelyn Kramer, Associate Planner Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 8a) Page 2 Title: Best Cleaners conditional use permit and variance Resolution No. 19-____ Resolution approving a conditional use permit and variance for 8105 Minnetonka Boulevard Whereas, Robert Colehour, representing Best Cleaners, applied for a conditional use permit and variance for the purpose of constructing a building addition at 8105 Minnetonka Boulevard; the property is legally described as follows, to-wit: The South 200 feet of the North 233 feet of the West 130 feet of the East 160 feet of the West Half of the East Half of the Northeast Quarter of the Northeast Quarter of Section 18, Township 117, Range 21, Hennepin County, Minnesota. Whereas, the property is guided Commercial in the Comprehensive Plan future land use map. Whereas, the property is located in the C-2 General Commercial zoning district. Whereas, the applicant requests a conditional use permit to allow in-vehicle sales on the site. Whereas, the applicant requests a variance from the requirements of the Zoning Ordinance Section 36-194(f)(5) to allow a decrease of 10 feet width for the required west side yard from 15 feet to five feet. Findings Whereas, the city council has determined that the applications meet the conditions for in- vehicle sales in the C-2 General Commercial District, including: 1.The existing drive-through window and stacking are fully screened and separated from residential uses to the west and south by the existing building and proposed addition. 2.The business usually generates a queue of 2 to 3 cars, which complies with all yard requirements. The proof of parking site plan indicates there is space for up to six cars to queue on the property. 3.The business has used the drive-through window for many years, and staff has received no complaints. Staff does not anticipate any adverse effects from its continued use. 4.The typical queuing of 2 to 3 cars does not impede traffic in the parking lot nor access to or from the site. 5.The site is accessed from Utah Avenue. The use does not generate significant traffic on local residential streets. 6.The canvas canopy over the drive-through complies with all required architectural standards. 7.The current and proposed uses, including the drive-through window, are in conformance with the comprehensive plan. City council meeting of April 15, 2019 (Item No. 8a) Page 3 Title: Best Cleaners conditional use permit and variance Whereas, the uses on the property are a laundromat and dry cleaning service, which are permitted uses in the C-2 zoning district. Whereas, the use of this property is consistent with and supportive of principles, goals, objectives, land use designations, redevelopment plans, neighborhood objectives, and implementation strategies of the comprehensive plan. Whereas, the use is not detrimental to the health, safety, morals and general welfare of the community as a whole. It will not have undue adverse impacts on the use and enjoyment of properties, existing and anticipated traffic conditions, parking facilities on adjacent streets, and values of properties in close proximity to the conditional use. Whereas, the use is consistent with the regulations, intent and purpose of City Code and the zoning district in which the conditional use is located. Whereas, the use will not have undue adverse impacts on governmental facilities, services or improvements which are either existing or proposed. Whereas, the project plans are consistent with the design and other requirements of site and landscape plans prepared by or under the direction of a professional landscape architect or civil engineer registered in the state and adopted as part of the conditions imposed on the use by the city council. Whereas, the project plans are consistent with the City’s stormwater, sanitary sewer, and water plans. Whereas, no negative impacts upon the health, safety and welfare of the community are anticipated from granting the west side yard variance. An apartment building is located approximately 25 feet from the proposed addition, which exceeds the requirements for distance between buildings located in the same development in the RC district. If two apartment buildings of the same size were constructed on the same property, they could be as close as 15 feet apart. Whereas, the variance is in harmony with the general purposes and intent of the Zoning Ordinance. The intent of the ordinance is to ensure sufficient space between buildings and uses to avoid negative impacts on neighboring properties. As noted above, the proposed building is 25 feet away from the apartment building, while a second apartment building could be constructed on the property and be only 15 feet away from the first apartment building. Whereas, the variance is consistent with the comprehensive plan. The expansion of the existing business supports the city’s strategic priority of providing a broad range of housing and neighborhood oriented development. The expansion is needed to meet the demands of the neighborhood and business growth. Whereas, there are practical difficulties in complying with the Zoning Code. The variance request is due to the existing building and the shape of the lot. The side setback variance would City council meeting of April 15, 2019 (Item No. 8a) Page 4 Title: Best Cleaners conditional use permit and variance allow the construction of an addition that improves the efficiency of business operations, minimizes loss of off-street parking and maintains traffic circulation on the site. Whereas, granting the variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire or endanger public safety. Whereas, granting the variance will not merely serve as a convenience to the applicant but is necessary to alleviate a practical difficulty. The variance allows for the most efficient layout of the parking lot and building addition. Whereas, the contents of Case Nos. 19-02-CUP and 19-03-VAR are hereby entered into and made part of the record of decision for this case. Conclusion Now therefore be it resolved that the conditional use permit and variance are hereby approved and accepted by the city council as being in accord and conformity with all ordinances, city plans and regulations of the City of St. Louis Park, provided, however, that this approval is made subject to the opinion of the City Attorney and certification by the City Clerk and subject to the following conditions: 1.The site shall be developed, used and maintained in conformance with the Official Exhibits. The official exhibits include: a.Sheet 1: Site Plan b.Sheet 1A: Demonstration Stalls Site Plan c.Sheet 2: Lower Level Floor Plan d.Sheet 3: Main Level Floor Plan e.Sheet 4: East & South Elevations f.Sheet 5: West & North Elevations g.Sheet L1: Lighting Plan h.Survey 2.The proposed canopy extension should be designed to ensure that bright accent color(s) will be 5% or less of the east building elevation. 3.All vents and equipment on the new building addition shall be at least 30 feet from the west property line. 4.All new utilities shall be buried. 5.The site shall comply with the city’s solid waste requirements. 6.All required permits shall be obtained prior to starting construction, including but not limited to: a.NPDES grading/construction permit. b.City of St. Louis Park building, erosion control, and right-of-way permits. The following conditions shall be met before issuance of the erosion control permit: i.Provide gutter connection details. ii.Provide a storm water pollution prevention plan (SWPPP). iii.Provide separate utility and grading plans City council meeting of April 15, 2019 (Item No. 8a) Page 5 Title: Best Cleaners conditional use permit and variance iv.Define the change in impervious surface and percent of site to determine stormwater management requirements. v.Define site contamination assessment. c.Minnehaha Creek Watershed District stormwater management permit. 7.Prior to issuing the building permit, the following conditions shall be met: a.Applicant shall submit a financial security in the form of cash escrow or letter of credit in the amount of 125% of the costs of landscaping. b.The applicant and owner shall be signed the city’s assent form and official exhibits. c.A SAC determination letter from Metropolitan Council shall be obtained and submitted it to the Inspections Department. d.The architect of record shall provide a complete code review. e.The architect of record shall provide ADA review and show how 20% of building cost will be invested into ADA improvements. 8.In addition to other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Register of Titles as the case may be. Reviewed for administration: Adopted by the City Council April 15, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City council meeting of April 15, 2019 (Item No. 8a) Page 6 Title: Best Cleaners conditional use permit and variance Site Location Map Texa-Tonka Shopping Center Minnetonka Boulevard Utah Avenue Texas Avenue Project Site: 8105 Minnetonka Blvd. Proposed addition City council meeting of April 15, 2019 (Item No. 8a) Page 7 Title: Best Cleaners conditional use permit and variance Planning Commission Minutes EXCERPT OF UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA March 20, 2019 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lisa Peilen; Carl Robertson; Alanna Franklin (youth member) Lynn Carper; Matt Eckholm; Joe Tatalovich; Jessica Kraft MEMBERS ABSENT: Claudia Johnston-Madison STAFF PRESENT: Sean Walther, Gary Morrison, Jacquelyn Kramer 1.Call to Order – Roll Call 2.Approval of Minutes: February 20, 2019 Commissioner Robertson made a motion to approve the minutes. Commissioner Carper seconded the motion, and the motion passed on a vote of 5-1, Lisa Peilen abstained as she was not present for the February 20th meeting. 3.Public Hearings A.Best Cleaners Conditional Use Permit and Variance Applicant: Robert Colehour (Best Cleaners, Inc.) Location: 8105 Minnetonka Blvd Case Nos: 19-02-CUP and 19-03-VAR Jacquelyn Kramer, Associate Planner, presented the staff report. The applicant applied for a conditional use permit and variance to construct a building addition to expand their existing operations. The property is zoned C-2 General Commercial, and Best Cleaners has operated on the site since 1999. Both the existing and proposed uses are permitted in the C-2 district. Existing building elevations consist of painted brick, glass glazing and the canvas canopy, and the new addition would be over 90% class one materials, which meets city architectural material standards. Zoning code section 36-366 states no building may display more than 5% of any elevation surface in bright pure accent colors. The existing yellow canopy makes up more than 5% of the building elevation, and does not comply with this provision. Staff recommends that as a condition of approval the existing canopy should be renovated to reduce the amount of bright pure accent colors to not more than 5% of the total building elevation. Staff finds this application meets all of the C-2 and general conditions for a CUP. City council meeting of April 15, 2019 (Item No. 8a) Page 8 Title: Best Cleaners conditional use permit and variance The existing and proposed building addition meet the north, east and south setback requirements. The west side of the existing building is only five feet off the property line and the applicant proposes continuing that line for the building addition. The parcel is adjacent to residential zoned parcels, so the required setback is fifteen feet. Applicant requested a variance to reduce the side setback to bring the existing building into compliance with the zoning code and allow the new addition to be built. After reviewing the application, city staff found little chances for negative impacts from a five foot setback due to the location of existing buildings on the site and the apartment building on the southwest. Practical difficulties exist in complying with the zoning code, and the variance will allow for the most efficient use of the interior space in the addition to maximize business operations. On-site parking will also be maximized with this layout, resulting in the least amount of impact of traffic circulation and on-street parking in the neighborhood. Staff recommends the commission close the public hearing and recommend approval of the conditional use permit and variance with conditions recommended by staff within the staff report. Commissioner Robertson questioned the variance of ten feet on the west, and indicated an interest in respecting that buffer between the existing residential use and Best Cleaners. He raised the possibility of the addition shifting 10 feet to comply with the regulation and avoid the variance. Architect for the applicant, John Kosmas with KK Design explained the plans presented best fits the property’s location with the least amount of impact to the neighboring parcels. Mr. Kosmas further explained that the addition would not be adjacent to the residential building. Commissioner Carper asked about the business hours and the long term plans for operations on the site. General Manager for Best Cleaners, Robert Colehour stated the back half of the building is only open for production hours, which is 5:00 a.m. to 1:00 p.m. The front half of the building is a laundry mat and those hours are 7:00 a.m. to 9:00 p.m., Monday through Saturday and then 9:00 a.m. to 9:00 p.m. on Sunday. Robert added they need the extra area so that they can consolidate operations from their Excelsior location. With the consolidation they will be able to add about six to seven full-time employees. Commissioner Carper asked if the business is a solely owned business or a franchise type of business. Mr. Colehour explained they are not a franchise and that they purchased the Excelsior location about three and a half years ago when it was Tonka Cleaners, then changed the name after purchase to Best. Commissioner Carper asked if customers from nearby businesses park in Best Cleaner’s lot, and if the business restricts parking and post signs in their lot. City council meeting of April 15, 2019 (Item No. 8a) Page 9 Title: Best Cleaners conditional use permit and variance Mr. Colehour responded that they do not post any of those signs, though they have thought about it. The restaurant’s busy times are when Best Cleaners isn’t parking or needing the space so it’s never been a real issue. Commissioner Robertson had a follow-up question related to the reaction to the request for reducing the primary color awning, understanding it’s a very prominent part of the signage. Mr. Kosmas says they’ve also discussed the issue of having to change the color or reduce the amount of the canopy that is yellow and would like to request that particular condition be removed. As an established business the color is part of their branding at this site and the other buildings they own and would like to stay with it. He adds that the building rendering exaggerates the color compared to what it actually is today. Commissioner Robertson asked city staff about removing the condition that requires renovating the existing canopy and allowing the canopy to allow it continue as a legal nonconformity. Ms. Kramer responded that the proposed expanded yellow canopy shown on the east elevation would need an additional variance. This would be considered a separate issue from the existing canopy and whether it’s allowed to continue as a legal, non-conforming use. Commissioner Peilen says she agrees with Commissioner Robertson on this point. The canopy has been on the building for some time and people use the color to identify the business. If it’s suddenly gone people may wonder where the cleaners went. She supports keeping the existing canopy. Commissioner Carper asked if the Commission can modify the request to allow the color to continue and have that within what would be approved, or is this something that has to be done outside of this meeting. Planning Supervisor Sean Walther said if the commission makes a recommendation to the council to not require a change to the existing canopy on the north elevation of the building, the existing canopy will continue as a legal non-conformity. Any new canopy would need to be in compliance with the current code or a variance would need to be requested through a separate process. Commissioner Peilen asked if the staff is aware of any complaints regarding the color. Mr. Walther said staff has not received complaints and the only comments received were from two internal people from the city. Chair Eckholm asked for clarification as he was under the impression the issue was more about the size and percentage of the building that was that color versus the color itself. Mr. Walther said Chair Eckholm is correct; it is about the percentage and that the zoning code architectural standards limit bright pure accent colors to five percent of a building elevation, which this exceeds. City council meeting of April 15, 2019 (Item No. 8a) Page 10 Title: Best Cleaners conditional use permit and variance Chair Eckholm asked if the applicant chose to keep the awning would they have to go smaller or could they leave it as-is. Mr. Walther said they can keep the canopy as-is or renovate it to reduce the yellow color. Mr. Kosmas stated the applicant is willing to modify the amount of yellow color on the proposed for the canopy on the east side of the building to comply with the zoning code. Commissioner Carper asked how colors are approved and how does one determine where the cutoff is between shade, tint and pantone. Mr. Walther said as the Zoning Administrator he interprets the regulation, and that if someone challenges the interpretation it can be appealed to the Board of Zoning Appeals and City Council. Commissioner Carper asked if the owner would be willing to change the yellow of the canopy to a less bright color. Owner of the building and business, Dave Colehour stated they did not want to replace the existing canopy at this time. He added he does not care what the color the additional awning is as long as it looks nice and is more than willing to work with the city. The chair opened the public hearing. As no one else was present wishing to speak, the Chair closed the public hearing. The commissioners discussed amending the staff recommendations to allow the existing canopy to remain as legally nonconforming. Commissioner Robertson made a motion to approve the conditional use permit and the variance as recommended by staff with the exception of the first portion of condition number two to allow the north canopy to remain and only require changes to the proposed new awning on the east elevation. Commissioner Carper seconded the motion, and the motion passed on a vote of 6-0. City council meeting of April 15, 2019 (Item No. 8a) Title: Best Cleaners conditional use permit and variance Page 11 Existing Conditions Rendering of Proposed Building Addition City council meeting of April 15, 2019 (Item No. 8a) Title: Best Cleaners conditional use permit and variance Page 12 Meeting: City council Meeting date: April 15, 2019 Action agenda item: 8b Executive summary Title: Ordinance regarding outdoor parking lighting standards Recommended action: Motion to approve first reading of an ordinance revising lighting standards for outdoor parking, and set the second reading of an ordinance for May 6, 2019. Policy consideration: Does the proposed zoning ordinance amendment promote safe and effective lighting for parking lots, and protect neighboring properties from nuisance lighting? Summary: An ordinance was presented to the council on January 7, 2019 that established standards for electric vehicle supply equipment (EVSE) and revised lighting requirements for parking lots. The council approved the (EVSE) standards, but tabled the parking lot lighting revisions. Staff reviewed the Illumination Engineering Society (IES) recommendations and determined that less significant modifications to the current regulations could be supported and still provide lighting that is both safe and has minimal impact on adjacent properties. Therefore, staff revised and reduced some of the light levels recommended in the previous draft ordinance. Staff provided a summary of these changes in a March 11, 2019 study session report and presented to the council at the March 25, 2019 study session. The ordinance is summarized in the attached discussion. The purpose of the proposed changes is to provide safe, secure and effective lighting for users of parking lots in the city. The changes also reconcile conflicting provisions in the current ordinance. The changes allow for more lighting during business hours in order to address the needs of all users, require lighting to be reduced after business hours, and continue to protect neighboring properties from nuisances that can be caused by outdoor lighting. An affirmative vote of four councilmembers is needed to approve the first reading of the ordinance. Financial or budget considerations: No considerations. Strategic priority consideration: Not applicable. Supporting documents: Discussion Table comparing the changes to the lighting ordinance Ordinance Prepared by: Jacquelyn Kramer, Associate Planner Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 8b) Page 2 Title: Ordinance regarding outdoor parking lighting standards Discussion Background: The zoning ordinance includes lighting standards for parking lots and parking structures to ensure safe lighting levels for users of all ages. It also includes controls to reduce or eliminate spillover lighting and glare onto nearby properties. These standards are reinforced by studies conducted by the IES. Below is a summary of the proposed changes. There is also a table that compares the various proposals that have been shown to city council. Additionally, definitions to some key terms are provided at the end of the report. Summary of issues and proposed changes. Staff reviewed the council comments received at the January 7, 2019 meeting and revisited the IES standards. Staff made adjustments to the proposed ordinance to better address the concerns expressed by the council, while remaining consistent with IES recommendations. A summary of the revisions is as follows: 1.Adjacent to residential. Current city code limits lighting to a maximum of 0.5 footcandles at the property line adjacent to residential. The city’s existing regulations have been effective to address community concerns. No changes are proposed. 2.Adjacent to non-residential. Current city code limits lighting to a maximum of 1.0 footcandles at the property line adjacent to non-residential properties, including public right-of-ways. The city’s existing regulations have been effective to address community concerns. No changes are proposed. 3.Maximum average allowed. Current city code has conflicting regulations. The staff recommendation under the current proposed ordinance is to resolve this conflict by using the lowest IES recommendation, which is 3.0 footcandles for persons of all ages. This light level acknowledges that some people need more light than others, including older people and people with vision impairments. 4.Minimum/maximum levels. The previous draft ordinance added minimum and maximum light levels as reflected from asphalt and concrete surfaces which is redundant and unnecessary under the current code; therefore, staff removed it from consideration in the revised proposed ordinance. 5.After-hours. The previous draft ordinance added maximum light levels after business hours, which does not exist in the current code. Staff reviewed the maximum light levels, and revised them under the current proposed ordinance to lowest levels recommended by IES for maintaining safety and security. 6.Parking structures. Under the current proposed ordinance, staff revised the structured parking lighting to differentiate between fully enclosed structures and structures that are open to the sides. The rule for fully enclosed structures is proposed to stay at a minimum average of 5.0 footcandles. The rule for partially enclosed structures was reduced to a maximum average of 3.0 footcandles, which is consistent with parking lots. The code already includes provisions that control light spill and glare. No changes are proposed to these provisions. The city’s regulations have been effective for staff to address community concerns related to these two issues. The code requires all outdoor parking lighting fixtures to be shielded and/or downward cast and mounted at a certain (maximum) height. City council meeting of April 15, 2019 (Item No. 8b) Page 3 Title: Ordinance regarding outdoor parking lighting standards Table comparing changes to the lighting ordinance. Parking Lot: Existing Code Previous Proposal Revised Proposal Maximum light levels at property line adjacent to residential 0.5 fc No change No change Maximum light levels at property line adjacent to non- residential and right- of-way. 1.0 fc No change No change Maximum average light level allowed. 1.0 fc and as recommended by IES* 5.0 fc 3.0 fc which is consistent with IES for all users. Maximum light levels in parking lot. Does not address. 7.0 fc on asphalt 14.0 fc on concrete Removed from proposed ordinance. Minimum light levels in parking lot. Does not address 0.5 fc on asphalt 1.0 fc on concrete Removed from proposed ordinance. Light levels after business hours. Does not address Maximum average between 0.2 and 2.8 fc. Maximum average of 1.0 fc which is consistent with IES. Structured parking: Existing Code Previous Proposal Revised Proposal Maximum average. 1.0 fc 5.0 fc Min 5.0 fc fully enclosed. Max 3.0 fc covered, but open sides. Top deck Does not address. Treat as parking lot No change. Motion detectors Does not address. Lighting shall be between 0.2 and 2.8 fc when no motion detected. Lighting shall not exceed 1.0 fc when no motion detected. * The current code has conflicting regulations. The parking section of the code states a maximum average of 1.0 fc. The lighting section of the code requires lighting not to exceed the IES recommendations, which is 3.0 fc for persons of all ages. fc = Footcandles City council meeting of April 15, 2019 (Item No. 8b) Page 4 Title: Ordinance regarding outdoor parking lighting standards Ordinance No. ___-19 Ordinance regarding parking lighting standards The City of St. Louis Park does ordain: Section 1. Chapter 36 of the St. Louis Park City Code is hereby amended by adding underscored text and deleting strikethrough text. Section breaks are represented by ***. Section 36-361. Off-street parking areas, paved areas, and loading spaces. *** (k) Design Requirements *** (8)Lighting. Required parking areas for six or more vehicles shall meet the following lighting requirements: provide an average horizontal illumination between 0.4 and one footcandle. The average horizontal illumination in all parking ramps shall be one footcandle. a.Parking lots: 1.Parking lots shall provide an average horizontal illumination not to exceed 3.0 footcandles. 2.The average illumination shall not exceed 1.0 footcandle between 10 p.m. to 6 a.m., or 30 minutes past business hours, whichever is later. b.Parking structures: 1.The average horizontal illumination in fully enclosed parking ramps shall be at least 5.0 footcandles. 2.The average horizontal illumination in partially enclosed parking structures shall not exceed 3.0 footcandles. 3.The top level of parking structures shall comply with the same lighting requirements as parking lots when uncovered and open to the sky. 4.When the parking structure uses motion-activated lighting, the maximum average horizontal illumination level shall not exceed 1.0 footcandle when no motion is detected. Section 2. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the City Council May 6, 2019 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to form and execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney First Reading April 15, 2019 Second Reading May 6, 2019 Date of Publication May 16, 2019 Date Ordinance takes effect May 31, 2019 Meeting: City council Meeting date: April 15, 2019 Action agenda item: 8c Executive summary Title: Ordinance regarding the board of zoning appeals Recommended action: Motion to approve first reading of an ordinance assigning the individuals serving on the planning commission to the board of zoning appeals, and set the second reading of an ordinance for May 6, 2019. Policy consideration: Should the persons serving on the planning commission be assigned the duties and responsibilities of the board of zoning appeals? Summary: Attached is an ordinance that assigns the responsibilities and duties of the board of zoning appeals (BOZA) to the persons serving on the planning commission. If the ordinance is adopted, then a separate appointment to the BOZA will no longer be required by the council. Those appointed to the planning commission will automatically take on the duties of the BOZA. This change means the BOZA will include the youth member appointed to the planning commission, although the youth member will not have voting authority as specified in the ordinance establishing the planning commission membership. If approved, the change will take effect immediately following the completion of the process of adopting the ordinance. The current schedule shows the effective date as May 31, 2019. An affirmative vote of four councilmembers is needed to approve the first reading of the ordinance. Financial or budget considerations: No considerations. Strategic priority consideration: Not applicable. Supporting documents: Discussion Ordinance Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Karen Barton, Community Development Director Approved by: Tom Harmening, City Manager City council meeting of April 15, 2019 (Item No. 8c) Page 2 Title: Ordinance regarding the board of zoning appeals Discussion Background: The following led to the proposal to reassign the BOZA duties to those persons appointed to the planning commission: 1.The BOZA receives approximately three applications per year, resulting in several meetings being canceled. The unpredictability of the BOZA meeting schedule has on several occasions resulted in difficulty achieving a quorum. The planning commission schedule is consistent and therefore, does not have difficulties ensuring a quorum. 2.The BOZA meeting schedule is once a month, whereas the planning commission meets twice a month. The additional planning commission meetings makes it possible for the city to be more responsive to a variance application than the current BOZA is able to. 3.The change could allow for more consistency in responding to variance requests, since there will not be two separate bodies reviewing similar types of applications. Role and duties of BOZA: If approved, the role and responsibilities of the BOZA will not change: 1.The BOZA will continue to be the final decision on variance requests. Appeals to the BOZA decision will continue to be heard by the council. 2.Variance applications submitted to the city in conjunction with other applications such as a conditional use permit or subdivision will continue to be heard by the planning commission, not the BOZA. 3.The BOZA will continue to hear appeals to staff decisions or interpretations to the zoning code. Appeals of the BOZA decisions will continue to be heard by the council. Meeting structure: The BOZA and planning commission would exist in a framework very similar to the city council and EDA. The BOZA would continue to meet as a board separate from the planning commission. The BOZA would elect a chair and conduct business as it always has and as outlined in the bylaws. The BOZA would meet immediately before the planning commission meeting, and the planning commission meeting would begin immediately following the conclusion of the BOZA meeting. City council meeting of April 15, 2019 (Item No. 8c) Page 3 Title: Ordinance regarding the board of zoning appeals Ordinance No. ___-19 An ordinance amending chapter 2, Article IV, Division 6, of the St. Louis park City Code relating to the board of zoning appeals The city of St. Louis Park does ordain: Section 1. That section 2-301 of the Code of Ordinances, City of St. Louis Park, Minnesota, is hereby amended to read as follows: Sec. 2-301. Membership; terms. The board of zoning appeals shall consist of all individuals serving on the planning commission pursuant to Article IV, Division 5, of this chapter. Only regular members of the planning commission shall serve as voting members of the board of zoning appeals. Section 2. This Ordinance shall take effect fifteen days after its publication. Adopted this 6th day of May, 2019, by the City Council of the City of St. Louis Park. First Reading April 15, 2019 Second Reading May 6, 2019 Date of Publication May 16, 2019 Date Ordinance takes effect May 31, 2019 Reviewed for Administration Adopted by City Council May 6, 2019 _______________________________ ____________________________________ Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: _________________________________ ____________________________________ Melissa Kennedy, City Clerk Soren Mattick, City Attorney