HomeMy WebLinkAbout2019/04/15 - 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.
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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
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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.
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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.
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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
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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
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(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.
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(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.
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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:
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(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.
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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.
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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.
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(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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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)
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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
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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)
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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
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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)
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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)
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“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.
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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;
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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