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HomeMy WebLinkAbout2016/09/19 - ADMIN - Agenda Packets - City Council - RegularAGENDA SEPTEMBER 19, 2016 6:30 p.m. SPECIAL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Texas Avenue Reconstruction Project 7:30 p.m. CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Presentations 2a. 2016 Evergreen Awards 2b. Recognition of Donation 3. Approval of Minutes 3a. Study Session Meeting Minutes August 22, 2016 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. Punch Bowl Minneapolis, LLC, dba Punch Bowl Social - On-Sale Intoxicating and On- Sale Sunday Liquor License Recommended Action: Mayor to open the public hearing, take public testimony, and to close the public hearing. Motion to approve application from Punch Bowl Minneapolis, LLC dba Punch Bowl Social, for an On-Sale Intoxicating and On-Sale Sunday Liquor License for the premises located at 1621 West End Boulevard - Suite 2410, with a license term through March 1, 2017. 6b. Madilin Creative, LLC, dba Board & Brush St. Louis Park - On-Sale Wine and 3.2% Malt Liquor License Recommended Action: Mayor to open the public hearing, solicit comments, and to close the public hearing. Motion to approve application from Madilin Creative, LLC, dba Board & Brush St. Louis Park, for an On-Sale Wine and 3.2% Malt Liquor License for the premises located at 5810 West 36th Street, with a license term through March 1, 2017. 7. Requests, Petitions, and Communications from the Public – None 8. Resolutions, Ordinances, Motions and Discussion Items Meeting of September 19, 2016 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. 8a. Adopt 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Recommended Action: Motion to Adopt Resolution Approving 2017 Preliminary General Fund Budget, 2017 Preliminary Property Tax Levy, and Setting Budget Public Hearing Date for December 5, 2016. 8b. Traffic Study No. 669: Installation of Permit Parking – 1300 Block of Kentucky Avenue Recommended Action: Motion to Adopt Resolution authorizing the implementation of permit parking restrictions on the 1300 block of Kentucky Avenue South. 9. Communications – None Meeting of September 19, 2016 City Council Agenda CONSENT CALENDAR 4a. Approve Temporary On-Sale Intoxicating Liquor License for the Job’s Daughters Foundation of Minnesota for an event to be held on October 22, 2016, at the Paul Revere Masonic Center, 6509 Walker Street. 4b. Approve the Second Reading and Adopt Ordinance, imposing a franchise fee on Xcel Energy, and Approve the Ordinance Summary for publication. 4c. Approve the Second Reading and Adopt Ordinance, imposing a franchise fee on CenterPoint Energy Resources Corporation, and Approve the Ordinance Summary for publication. 4d. Approve the Second Reading and Adopt Ordinance amending Chapter 36, Article IV, Division 10 of the St. Louis Park Code of Ordinances relating to Floodplain Districts and amending the Official Zoning Map and approve the Ordinance Summary for publication 4e. Adopt Resolution Appointing additional Election Judges needed to staff the polls at the General Election November 8, 2016. 4f. Adopt Resolution to commit to transferring city property and easements to the Metropolitan Council for the SWLRT Project and Approve Three Subordinate Funding Agreements for LRCI design costs. 4g. Approve Second Reading and Adopt Ordinance amending the City of St. Louis Park Zoning Map to rezone property located at 8001 State Highway 7 from RC High- Density Multiple-Family Residence to O Office, and to approve the Summary Ordinance for publication. 4h. Adopt Resolution approving acceptance of a $2,200 donation from Nyra Rustad for the purchase and installation of a bench in Wolfe Park 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 C ity 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: Special Study Session Meeting Date: September 19, 2016 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: MSA Rehabilitation Project - Texas Avenue - Project No. 4017-1101 RECOMMENDED ACTION: Discuss the proposed project and provide direction to staff regarding design options for the corridor. POLICY CONSIDERATION: Does the City Council wish to continue to pursue the proposed street rehabilitation project scope identified in this report? SUMMARY: In 2017, Texas Avenue between Highway 7 and Minnetonka Boulevard is proposed to be rehabilitated. This street is an important north/south route in the City and is designated as a Municipal State Aid (MSA) road which makes it eligible for state funding (gas tax dollars). In order to qualify for funding, the road needs to be constructed to state aid standards. Given work load demands, the City engaged the consulting firm, Kimley Horn, to complete the study and design of Texas Avenue. CenterPoint Energy will be replacing their 24 inch high pressure gas main on this segment of Texas Avenue in 2017. After reviewing the condition of the road, staff recommends that the City pursue a reconstruction project. Coordinating the City project with the CPE project will result in cost savings as well as reduce inconvenience to the property owners and the travelling public. The scope of the City’s project includes:  Street reconstruction  Bike lanes  Sidewalk reconstruction  Streetlight replacement  Signal rehabilitation/ replacement (33rd Street and 36th Street)  Miscellaneous utility rehabilitation FINANCIAL OR BUDGET CONSIDERATION: The engineer’s estimate for this project is $4,019,535 (Construction $3,500,715, Engineering and Administration $518,820). This project is included in the City’s Capital Improvement Program (CIP) for 2017. Funding will be provided by a combination of MSA, Utility Funds, and General Obligation Bonds (Connect the Park). VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Location Map Renderings Concepts Prepared by: Joseph Shamla, Senior Engineering Project Manager Reviewed by: Debra M. Heiser, Engineering Director Approved by: Tom Harmening, City Manager Study Session Meeting of September 19, 2016 (Item No. 1) Page 2 Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 DISCUSSION BACKGROUND: In 2017, Texas Avenue between Highway 7 and Minnetonka Boulevard is proposed to be rehabilitated. This road serves many residents and is one of only 4 continuous north/south routes in the City. This road is a major collector, carrying 8,200 vehicles a day. It is designated as a Municipal State Aid (MSA) road which makes it eligible for state gas tax funds. In order to qualify for funding, the road needs to be constructed to state aid standards. Texas Avenue was last reconstructed in 1960. In order to ensure that the reconstructed Texas Avenue will meet the needs of the City for another 50 years, staff is taking a look at existing and future transportation needs in the corridor. What follows is a summary for this project. Private Utility Replacement: CenterPoint Energy will be replacing their 24 inch high pressure gas main on this segment of Texas Avenue in 2017. This work will be quite intrusive and will disrupt traffic and/ or parking on Texas Avenue. This is part of a larger regional project which extends into Hopkins. Staff has noticed an increase in the number of leaks on this line with the most recent occurring less than two weeks ago. CenterPoint has plans to continue the replacement of their pipeline on Texas Ave. north of Minnetonka Boulevard in 2020. Pavement Rehabilitation: A team of staff members from Streets, Utilities, and Engineering worked together to determine the pavement preservation technique recommended for Texas Avenue. After reviewing the condition of the road, staff recommends that the City pursue a reconstruction project. Coordinating the City project with the CPE project will result in cost savings as well as reduce inconvenience to the property owners and the traveling public. A full reconstruct consists of the removal of the curb and gutter, pavement, and sidewalk. In addition to the reconstruct, staff is anticipating the need to upgrade the curb ramps to meet the American with Disabilities Act (ADA), and the reconstruction of some of the existing retaining walls. City Utility Construction As a part of all of our street rehabilitation projects, the City evaluates the condition of the existing sanitary sewer, storm sewer, and water main. Only minor replacement of this infrastructure is necessary on Texas Avenue. Stormwater Management The current design options staff has prepared are at a 30% level. At this time staff hasn’t identified the treatment strategy for the corridor because each option lends itself to different storm water management opportunities. When a preliminary layout is chosen to move forward with final design, staff will meet with Kimley Horn to match the best treatment technique to the corridor. Design of Texas Avenue A corridor study has been completed to help guide the design of Texas Avenue. Using existing and forecasted future traffic data and input from residents, we have developed 2 recommended typical street sections for the City Council’s consideration. Initially there were three typical sections. The Comprehensive Plan designated Texas Avenue as a 3-lane road section. The corridor study indicates that the 3-lane typical section is not necessary for safety or traffic flow. Study Session Meeting of September 19, 2016 (Item No. 1) Page 3 Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 The Comprehensive Plan also shows a bikeway on this segment of Texas Avenue. The Connect the Park implementation plan identified this bikeway connection as a “Priority 1” bike corridor, and recommended it be implemented in the first 5 years of the Connect the Park CIP. This bikeway segment is a part of the connected city wide network of 32 miles of bikeways being proposed for implementation as a part of the CIP. In 2017, there are also proposed bike lanes to the north and south on Texas Avenue. If all segments of bikeway on Texas are implemented it will provide residents with a safe connection to both the north and south regional trails, as well as Texa-Tonka and Knollwood Mall. A parking study has been completed to help better understand the extent and frequency of on- street parking in the corridor. Based on this information, it is recommended that the typical section of Texas Ave. include the following components:  Two vehicle travel lanes  Bike lanes  On-street parking bays The overall corridor design also includes:  Additional lanes, as needed, at the intersections for turning movements  Pedestrian safety improvements  Bump outs at intersections for speed management  Digital speed display signs for speed management  ADA improvements at intersections and at signals  Storm water management Staff will present to City Council two typical sections for the road at the study session and how they relate to these components. The main difference between the two typical section options is the amount of on-street parking provided in the corridor. Public Process: Engineering hosted a public meeting on July 20th to gather public input prior to starting the preliminary design. Another open house was held on September 14th to inform the public about the two options being considered for this project. Staff will provide a recap of that meeting at the study session. We have received the following feedback from residents on the proposed design scope (does not include input provided on September 14):  Parking - Texas Avenue is lined by single family homes on both sides for the majority of the corridor. Residents have indicated that on-street parking is important to them.  Traffic Management - Residents have provided staff feedback that they are concerned with the speed of traffic on the corridor.  Bike lanes - feedback from the meetings and correspondence indicates that the property owners in the corridor are concerned about the inclusion of bike lanes in the project scope. At the study session, staff will present the recommended design along with public input received from the neighborhood meetings. Study Session Meeting of September 19, 2016 (Item No. 1) Page 4 Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 Proposed Schedule: In order to ensure that there is enough time to construct the improvements in 2017, staff needs direction on which of the two options to proceed with for final design. To achieve this, we are asking the City Council to hold a public hearing this fall, on October 17th. After receiving testimony from the public, staff will ask that the city council approve one of the two typical section options for the street. This typical section will be considered as a preliminary layout and used to develop final plans. The following is the proposed schedule: Public Hearing - Approve Preliminary Layout October 17, 2016 60 percent plans November 2016 City Council- Approve Final Plans January 2016 Construction April – Nov 2017 ")5 ")20 ¬«7 MINNETONKA TEXAS32ND 31STAQUILA 34TH 35TH RHODEISLANDAQUILA34THWYOMING WALKER 33RD 36TH LAKEWYOMING31STSUMTER32ND 32 1/2 S E R V I C E D R H I G H W A Y 7 31ST 37TH 33RD 30 1/2 YUKONSUMTERUTAH34 1/2XYLON SUMTERMARYLANDNEVADAOREGONPENNSYLVANIAQUEBECQUEBECVIRGINIAPENNSYLVANIA31ST QUEBECQUEBECOREGONZINRANXYLONYUKONVIRGINIAXYLONVIRGINIAWYOMINGUTAH37TH 29TH VIRGINIAAQUILAAQUILAPRIVATEVIRGINIAUTAH0 0.15 0.3 0.45 0.6Miles ¯ Legend 2017 MSA Street Rehabilitation City Limits 2017 MSA Street Rehabilitation (Texas Ave. S.) Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 Page 5 Texas Avenue HWY 7 TO MINNETONKA BLVD Existing Conditions Photo of Texas Avenue at 31st Street Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 6 Texas Avenue HWY 7 TO MINNETONKA BLVD Concept No. 1 Rendering of Texas Avenue at 31st Street Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 7 Texas Avenue HWY 7 TO MINNETONKA BLVD Concept No. 2 Rendering of Texas Avenue at 31st Street Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 8 Texas Avenue HWY 7 TO MINNETONKA BLVD Existing Typical Section Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 9 Texas Avenue HWY 7 TO MINNETONKA BLVD Concept No. 1 Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 10 Texas Avenue HWY 7 TO MINNETONKA BLVD Concept No. 2 Study Session Meeting of September 19, 2016 (Item No. 1) Title: MSA Rehabilitation Project - Texas Ave. - Project No. 4017-1101 11 Meeting: City Council Meeting Date: September 19, 2016 Presentation: 2a EXECUTIVE SUMMARY TITLE: 2016 Evergreen Awards RECOMMENDED ACTION: The Mayor is requested to present the 2016 Evergreen Awards to the following recipients:  4400 West 44th Street – Jeanette Upton Porter (Browndale Neighborhood)  2601 Yukon Avenue South – Liesl Kautz (Cedar Manor Neighborhood)  3133 Louisiana Avenue South – Patricia & Maurice Yong (Lenox Neighborhood) POLICY CONSIDERATION: None at this time. SUMMARY: The Evergreen Award is presented each year in recognition of properties which are uniquely designed with well-maintained landscapes with an emphasis on parcels that are visible to the passerby. Businesses, apartments and houses are all eligible to receive the award. The judges selecting the Evergreen Award recipients this year were comprised of City staff and Parks & Recreation Advisory Commission members that have a keen interest in flowers, plants, landscaping and landscape design. There were six judges inspecting this year’s nominations. There were ten nominations this year spread throughout the City. Winners are presented with an award certificate, a Dwarf Alberta Spruce tree and “Evergreen Award Winner” signs posted in their boulevard for two weeks. Jim Vaughan, Natural Resources Coordinator, will be at the meeting to help present the awards to the three winners. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to promoting an integrating arts, culture and community aesthetics in all City initiatives, including implementation where appropriate. SUPPORTING DOCUMENTS: None Prepared by: Stacy Voelker, Senior Office Assistant Jim Vaughan, Natural Resources Coordinator Reviewed by: Cynthia S. Walsh, Operations and Recreation Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: September 19, 2016 Presentation: 2b EXECUTIVE SUMMARY TITLE: Recognition of Donations RECOMMENDED ACTION: Mayor to announce and express thanks and appreciation for the following donations being accepted at the meeting and listed on the Consent Agenda: From Amount For Nyra Rustad $2,200 Bench at Wolfe Park. Prepared by: Kay Midura, Assistant – City Clerk’s Office Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: September 19, 2016 Minutes: 3a UNOFFICIAL MINUTES CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA AUGUST 22, 2016 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Gregg Lindberg, Thom Miller. Councilmembers absent: Steve Hallfin, Anne Mavity, Susan Sanger. Staff present: City Manager (Mr. Harmening), Director of Engineering (Ms. Heiser), and Recording Secretary (Ms. Pappas). Guest: Ryan Griffin & Nancy Rose, Transportation Workgroup; Chris Iverson, Transportation Coordinator; Karen Atkinson, Children First. 1. Future Study Session Agenda Planning – September 6 & 12, 2016 Mr. Harmening presented the proposed Study Session agendas for September 6 and 12, 2016. There will be a special meeting on September 6 to discuss budget and rental housing market status. Brent Wintenberg from Marquette Advisors will attend and provide an update on housing market trends. On September 12, the council will take a road trip to the Eastman Nature Center in Dayton, Minnesota. Mayor Spano asked to have Brent Wintenberg weigh in on developers who are more interested in building apartments in St. Louis Park rather than condos or townhomes, as apartments hold no liability for the developer. He added he would like more information about property ownership and what legislation exists related to warranties for rentals, as well as for owned homes. Councilmember Miller asked when Walker Lake would be discussed as it relates to the comprehensive plan. Mr. Harmening stated he will follow up and schedule specific dates on future agendas for these two items. 2. Living Streets Policy Ms. Heiser, along with Ryan Griffin and Nancy Rose, members of the Environment and Sustainability Commission (ESC) Transportation workgroup, presented. Mr. Heiser noted that since April, several departments including Administration, Community Development, Engineering and Operations & Recreation have been working with the ESC’s Transportation workgroup on developing a Living Streets Policy. The goals are to:  Create biking and walking connections  Storm water quality  Support the urban forest  Enhance neighborhood livability City Council Meeting of September 19, 2016 (Item No. 3a) Page 2 Title: Study Session Minutes of August 22, 2016  Strengthen the safety and security of streets  Reduce life cycle costs The City’s Complete Streets Policy is about how the right of way is used, including appropriate accommodations for pedestrians, bicyclists, motorists, and transit. Living Streets builds on this policy and adds elements of neighborhood livability, balancing the needs of right- of- way users and people that live there. It was noted that the Living Streets Policy will formalize existing practices used to design street projects. Similar policies have been adopted and are in use in Edina, Maplewood, and North St. Paul. A draft of the policy will be brought to the council for discussion later this year. Mr. Harmening directed a statement to Mr. Griffin and Ms. Rose that the concept of narrowing a street or eliminating parking on a road is not necessarily received positively by people living in the neighborhood. He asked if the Transportation Work Group is currently considering this as a part of the policy for the city. Mr. Griffin stated that having a strong vision is important; however, the steps that the city would take to implement the vision are not set in stone. Ms. Heiser added that sometimes one size does not fit all, and there will be language in the policy to include exceptions for projects based on things such as cost or neighborhood feedback. Councilmember Lindberg asked if the policy would merely solidify the practice since the city is already looking at these items. Likewise, he asked from a practical perspective, if Texas Avenue would look any different with this policy in place. Ms. Heiser stated staff has been working with the ESC on this policy since April. Many of the principles in the policy are being applied to the Texas project. She added that this process, plus getting feedback from residents along Texas Avenue, will help inform the design. Councilmember Lindberg stated flexibility is important. Councilmember Miller stated he would like to see the council adopt something similar to the Living Streets Policy. Having a formal policy in place will support council goals and help guide staff. He asked if this policy would apply to county roads within St. Louis Park. Ms. Heiser stated that the county typically will do what they want. However, if the city has a policy in place or something is written into the comprehensive plan, the county is more inclined to comply. Councilmember Miller asked if the county or state will pay for Living Streets. Ms. Heiser stated usually the city is asked to pay for these items. Councilmember Miller asked if this policy should wait to be discussed during the visioning process. Councilmember Lindberg agreed the council’s adoption of a Living Streets Policy seems very important, and if the city has a clear strategic direction, that will help with county projects. Councilmember Brausen stated he is totally supportive of a Living Streets Policy and is glad to hear about rain gardens being included. He added that he also cares about lighting but did not see much in the policy about this. He has concerns that the city may be over lighting streets at night. He would like to see what can be done about this. He added he would prefer to move forward with the policy sooner than later, noting this is consistent with the council’s goals. Councilmember Lindberg stated this policy frames the conversation and shows this is the right thing to do. However, he asked if the city needs additional public input on this policy. He added that he wants to be sure the council is checking in with ward residents on an ongoing basis, City Council Meeting of September 19, 2016 (Item No. 3a) Page 3 Title: Study Session Minutes of August 22, 2016 especially when working on the big decisions. He added that the council needs to be able to answer why and how this policy best represents the more immediate and close to home needs of narrower streets that are in front of residents’ homes. Councilmember Miller added these are ward issues but even as an at-large-member, he has had people say to him that at times they don’t feel like the council is listening. Mayor Spano stated the council and staff are meeting with and considering feedback from residents on each project. He added this should happen each time there is a new project; however, the council needs to be careful not to skew the broad conversation. He stated it might be helpful to hear from the community. Mayor Spano asked staff what the timeline is for implementing this policy. Ms. Heiser stated the goal would be to bring it back to a future study session by the end of the year as a draft for further discussion. Councilmember Brausen suggested publicizing Living Streets information on the city website and also through the ESC and Parks & Recreation. Ms. Rose added she believes there should be input from groups within the city. Ms. Heiser stated staff will keep the council informed and updated, and will bring the draft policy back to a future study session. 3. Youth Advisory Commission At Mayor Spano’s suggestion, the council asked that the topic of creating a Youth Advisory Commission be placed on the agenda. Mayor Spano stated he has been researching this idea on various city websites throughout the United States and wanted to bring information to the council for discussion. He noted the visibility of young people this past year has been notable. He added he wants to get a sense of what the youth want, and what is important to them for the future of St. Louis Park. This will be a high level discussion around concept. Mr. Harmening noted he invited Karen Atkinson, from St. Louis Park’s Children First organization, to be a resource during the discussion. Councilmember Brausen stated he is very interested in doing this, noting the biggest issue is recruitment of youth for positions. He added that most of the city’s commissions have youth participation, and he is totally supportive. Councilmember Miller added he is also very supportive of this idea of focusing on youth. Councilmember Lindberg added this is a fantastic idea, which helps open conversations about what the community will look like in the future. He added this gives the city a platform to fill roles on commissions and to create camaraderie. It also helps create synergies with the school district, and he would be willing to be an active part of developing this. Mayor Spano stated he is glad the city has youth representation on its commissions, but added it is also a challenge as it can be difficult to get youth to speak out. It might be beneficial to have City Council Meeting of September 19, 2016 (Item No. 3a) Page 4 Title: Study Session Minutes of August 22, 2016 several youth members on each commission, rather than only one. Youth are maybe more willing to speak up with more support from their peers. Mayor Spano noted that he saw some great ideas from other cities’ youth advisory boards, adding there is much that St. Louis Park can draw on. Mayor Spano stated it might be helpful for every commission to have a mission statement related to youth. Also, youth should have a voice in policy making and recommendations to the council, while participating in events and service projects. He noted that many cities offer a college scholarship to youth who serve on the board and this would be another item that could be considered for St. Louis Park. He added there would be requirements for qualification, as well as term limits. Additionally, it would be helpful if the youth advisory board had a structure similar to that of the council, in that youth representatives from each ward could be included, as well as at- large members. Mr. Harmening noted there would be a good amount of asset building with this project, also. He asked Ms. Atkinson about the role of the Youth Development Committee in St. Louis Park. Ms. Atkinson stated the Youth Development Committee is Superintendent Metz’s Advisory Council, which includes members from grades 5-12. They meet over lunch and input is given on a wide range of topics. She noted that this committee has been on hiatus; however, the website states they’re a district-wide group with goals to train, develop leaders, and do community volunteering. She added that at one point, each youth was selected by their respective principal, but now they apply for the positions. She noted that in the future the program will also include private school youth. Mayor Spano asked the council to think about whether the youth advisory board should be youth that live in the city, those that attend schools in the city, or both. Mayor Spano stated Councilmember Sanger emailed him with her thoughts on the subject and she felt it was not clear what the charge and focus of the Youth Advisory Commission might be. She added if a group like this is created for youth, might there also be groups like this created for other special interests, including women, seniors, and others – and asked if this would be fair. Councilmember Brausen asked who on staff would be engaged in and have capacity to support the Youth Advisory Commission on social media, and would the city have the budget for this or would it also require more staff time. Mr. Harmening added that possibly the school district and the city could partner on this initiative. Councilmember Miller stated this could be a possibility, but would kids of color be involved, and would they have the resources to apply for these positions. He added that equity and diversity of the group will be very important. Mayor Spano stated that partnering with the schools would ensure getting a good cross section of youth membership. Councilmember Lindberg added that the group will need a focus and purpose that the council should define to set a baseline expectation. He stated that while partnership with the school district is important, focus only on those youth who are public school students may be a miss. He added will be important to find youth representation from all demographics. Councilmember Brausen stated he likes the idea of youth staying on the board until age 21, and he would also like to see it be opened up to youth that are beyond high school age. City Council Meeting of September 19, 2016 (Item No. 3a) Page 5 Title: Study Session Minutes of August 22, 2016 Mayor Spano directed Mr. Harmening to contact several of the cities the Mayor researched and return with recommendations to the council. He also asked Mr. Harmening to work with Ms. Atkinson to craft a plan and a definition of what the Youth Advisory Commission might look like. Councilmember Miller added he would like to see youth recruited for the visioning process, also. Communications/Meeting Check-In (Verbal) Councilmember Brausen asked about the Rec Center naming, who will pick the final name, and if it would come before council for approval. Mr. Harmening stated the focus group would recommend the name to the council. Councilmember Miller asked if the council will have a chance to review the city website changes before it is completed. Mr. Harmening stated yes. Mayor Spano noted he will be adding a short bio on himself to the city website and invited the council members to do so as well. Mr. Harmening added he will have Ms. Larson contact council members about this. The meeting adjourned at 8:55 p.m. Written Reports provided and documented for recording purposes only: 4. July 2016 Monthly Financial Report 5. City Website Redesign Update 6. Fiber-to-the-Premise (FTTP) Update 7. Outdoor Recreation Facility Naming and Logo Design 8. Costco Expansion ______________________________________ ______________________________________ Melissa Kennedy, City Clerk Jake Spano, Mayor Meeting: City Council Meeting Date: September 19, 2016 Consent Agenda Item: 4a EXECUTIVE SUMMARY TITLE: Temporary On-Sale Intoxicating Liquor License for the Job’s Daughters Foundation of Minnesota RECOMMENDED ACTION: Motion to Approve a Temporary On-Sale Intoxicating Liquor License for the Job’s Daughters Foundation of Minnesota for an event to be held on October 22, 2016, at the Paul Revere Masonic Center, 6509 Walker Street in St. Louis Park. POLICY CONSIDERATION: Does Council wish to approve a Temporary On-Sale Intoxicating Liquor License for the Job’s Daughters Foundation of Minnesota for their non-profit charitable event being held at the Paul Revere Masonic Center on October 22, 2016? SUMMARY: The Job’s Daughters Foundation of Bloomington, Minnesota has applied for a temporary liquor license for their World of Wine Renaissance Dinner and Silent Auction Fundraiser to be held Saturday, October 22, from 5-10 p.m. at the Paul Revere Masonic Center, 6509 Walker Street. Wine will be served with dinner. The purpose of Job’s Daughters International is to develop girls and young women (ages 10-20) into leaders through citizenship, leadership and friendship. The fundraising event will help to provide leadership training and supplemental camp funding for their members. The Police Department has completed the background investigation on the principals and has found no reason to deny the temporary license. The applicant has met all requirements for issuance of the license, and staff is recommending approval. FINANCIAL OR BUDGET CONSIDERATION: The fee for a temporary liquor license is $100.00 per day of the event. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Kay Midura, Office Assistant – City Clerk’s Office Reviewed by: Melissa Kennedy, City Clerk Approved by: Tom Harmening , City Manager Meeting: City Council Meeting Date: September 19, 2016 EXECUTIVE SUMMARY TITLE: Second Reading of Franchise Ordinance and Franchise Fee Ordinance with Northern States Power Co. (dba Xcel Energy) RECOMMENDED ACTION: Motion to Approve the Second Reading and Adopt Ordinance Approving a Franchise Agreement with Xcel Energy, and Approve the Ordinance Summary for publication, and Motion to Approve the Second Reading and Adopt Ordinance, imposing a franchise fee on Xcel Energy, and Approve the Ordinance Summary for publication. POLICY CONSIDERATION: Does the City Council desire to approve a franchise agreement and increase the franchise fees for Xcel Energy to assist in funding the City’s Pavement Management Program? SUMMARY: The City has imposed franchise fees on Xcel Energy since 2004. Keeping with Council direction of reviewing the fees every other year, the fees were increased to $3.25/month for a residential customer in 2015. Staff recommends the fees are increased to $4.00/ month for a residential customer in 2017. Staff is proposing, and Xcel supports, that their franchise fee is consistent with the franchise fee imposed on CenterPoint Energy. Staff recommends Council approve the second reading of these ordinances. Based on this schedule, the franchise fee increase would be effective February 1, 2017. FINANCIAL OR BUDGET CONSIDERATION: The City’s Pavement Management Program is currently funded by franchise fee revenues, collected by both Xcel and CenterPoint. Based on the current fees, total franchise fees generate approximately $2.3 million annually (CenterPoint - $889,524; Xcel - $1,420,116). The proposed increase in the Xcel franchise fee would add approximately $433,791 in additional annual revenue to the Pavement Management Program, and provide greater sustainability into the future. By implementing this proposed franchise fee increase for 2017, St. Louis Park would still be competitive with other cities in the area. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Franchise Ordinance Summary Franchise Ordinance Franchise Fee Ordinance Summary Franchise Fee Ordinance Prepared by: Debra Heiser, Engineering Director Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager Consent Agenda Item: 4b City Council Meeting of September 19, 2016 (Item No. 4b) Page 2 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) DISCUSSION BACKGROUND: In 1993 the City adopted an ordinance granting Northern States Power Company (D/B/A Xcel Energy) an electrical services utility franchise in the city. That ordinance allowed the City to impose a franchise fee on Xcel. The Franchise ordinance expires at the end of this year. The City has been working with Xcel Energy on a new ordinance since 2013. The new ordinance has been reviewed by the City and Xcel and is attached. The franchise ordinance has a 20 year term. Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City experiences to maintain, reconstruct and repair the street system via the City’s Pavement Management Program. On July 18, 2016, the City Council approved an updated assessment policy that shifted funding of the majority of public improvement to franchise fees. In general, the City Council’s direction for the public improvements discussed as a part of this policy was “If there is a public purpose for the infrastructure, the City should fund construction.” The proposed fee increase will fund all local street and alley construction projects. The Council has historically considered franchise fee adjustments every other year and based on that schedule 2017 and 2019 would be the years to consider adjusting the fees. In the long range financial plan the current estimates reflect a $0.75 increase per utility/per month for single family home in 2017 and $0.75 again in 2019 to fully fund the pavement management program. Beyond 2019, we have not programmed any changes but will review annually as part of the CIP process. This plan reflects the 10 year CIP assuming no assessments for all local street and alley construction projects. The franchise fee is essentially a user fee collected from customers on their utility bill and paid to Xcel. The utility then functions essentially as a pass through entity with the franchise fee revenue being remitted to the City of St. Louis Park. PRESENT CONSIDERATIONS: As discussed with the Council most recently on July 18, 2016, staff is proposing a $0.75/month fee increase to residential customers for 2017 to continue funding the Pavement Management Program. Based on customer class, customers would see increases ranging from $0.75/month per utility for residential customers to $40.00/month per utility for large commercial/industrial customers (please see attachment - Franchise Fee Estimate). Residential customers make up approximately 90% of the total customers. It was desired by the City to adopt an ordinance that would allow for automatic annual or alternating year fee increases, but that is not allowed by the Public Utilities Commission. The City also imposes an equivalent franchise fee on CenterPoint Energy. Staff is also proposing (under separate action) to increase CenterPoint’s current basic franchise fee by $0.75/month per utility for residential customers. Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2017, it is projected that the Pavement Management Program could be funded entirely by franchise fees making the fund sustainable in the long-term based on projected expenditures and no significant changes to the program. Based on recent discussions with Xcel staff, they do not oppose this proposed increase in the franchise fee. City Council Meeting of September 19, 2016 (Item No. 4b) Page 3 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) City of St Louis Park, Minnesota Franchise Fee Estimate Variable Increases Proposed for 2017 Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2017 New Revenue Estimate Current MONTHLY FLAT FEE 2017 New Fee Proposal Residential 22,242 $867,438 $1,067,616 $3.25 $4.00 Small C&I – Non-Demand 1,350 $105,300 $137,700 $6.50 $8.50 Small C&I – Demand 699 $251,640 $377,460 $30.00 $45.00 Large C&I 149 $187,740 $259,260 $105.00 $145.00 Public Street Lighting 75 $0 $0 Municipal Pumping – Non-Demand 21 $1,518 $2,151 $6.00 $8.50 Municipal Pumping – Demand 18 $6,480 $9,720 $30.00 $45.00 Total 24,554 $1,420,116 $1,853,907 Net Increase $433,791 CenterPoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2017 New Revenue Estimate Current MONTHLY FLAT FEE 2017 New Fee Proposal Residential 16,382 $638,898 $786,336 $3.25 $4.00 Commercial B 407 $31,746 $41,514 $6.50 $8.50 Commercial C 519 $186,840 $280,260 $30.00 $45.00 SVDF A & B 75 $27,000 $40,500 $30.00 $45.00 LVDF 4 $5,040 $6,960 $105.00 $145.00 Total 17,387 $889,524 $1,155,570 Net Increase $266,046 Total $699,837 City Council Meeting of September 19, 2016 (Item No. 4b) Page 4 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) ORDINANCE NO. ____-16 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA ORDINANCE GRANTING A FRANCHISE TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST. LOUIS PARK, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of St. Louis Park, County of Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer, street lighting and traffic signals, and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Administrator, City Hall, 5005 Minnetonka Boulevard, St. Louis Park, MN 55416. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City. City Council Meeting of September 19, 2016 (Item No. 4b) Page 5 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this franchise. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Electric Facilities within the City consistent with the requirements of Minnesota City Council Meeting of September 19, 2016 (Item No. 4b) Page 6 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) Statutes, Chapter 216D. Company shall provide current mapping information for any of its Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100 and other applicable state and federal laws. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, in accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. City Council Meeting of September 19, 2016 (Item No. 4b) Page 7 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. Company shall comply with the requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to relocation of Electric Facilities in Public Ways. If a relocation is ordered within five (5) years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company, at Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. But the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans City Council Meeting of September 19, 2016 (Item No. 4b) Page 8 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this franchise agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations under Minnesota Statutes Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation is first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts. Class Fee Per Premise Per Month Residential $ 4.00 Sm C & I – Non-Dem $ 8.50 Sm C & I – Demand $ 45.00 Large C & I $ 145.00 Public Street Ltg $ 0 Muni Pumping –N/D $ 8.50 Muni Pumping – Dem $ 45.00 City Council Meeting of September 19, 2016 (Item No. 4b) Page 9 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall City Council Meeting of September 19, 2016 (Item No. 4b) Page 10 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. 9.6 City Fees. Company shall be responsible for all permit or other fees imposed by the City for work conducted pursuant to this franchise. SECTION 10. SERVICE RELIABILITY, INFRASTRUCTURE REPORTING. The Company and the City shall meet annually at a mutually convenient time to discuss items of concern or interest relating to this Franchise, including not limited to, reliability, performance, infrastructure plans for the coming year and other matters raised by the City or the Company. Annually upon request by City, the Company shall provide to City reporting information on service reliability, including System Average Interruption Duration Index (SAIDI), Customers Experiencing Multiple Interruptions (CEMI) and municipal pumping station and general customer outage date for the previous year, the exact format and content of which shall be mutually agreed to by City and Company.” SECTION 11. PROVISIONS OF ORDINANCE. 11.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 11.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 12. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 13. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. SECTION 14. EFFECTIVE DATE; WRITTEN ACCEPTANCE. City Council Meeting of September 19, 2016 (Item No. 4b) Page 11 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) This franchise shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City Council may revoke this franchise if Company does not file a written acceptance with the City within 90 days after publication. Reviewed for Administration Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Northern States Power Company, A Minnesota Corporation, d/b/a Xcel Energy By: ____________________________________ Subscribed and sworn to before me this ____ day of __________, 20__. _______________________________ Notary Public City Council Meeting of September 19, 2016 (Item No. 4b) Page 12 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) SUMMARY ORDINANCE NO. ____-16 ORDINANCE GRANTING AN ELECTRIC SERVICE UTILITY FRANCHISE TO NORTHERN STATES POWER COMPANY This ordinance states that St. Louis Park City Council has given Northern States Power Company the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this franchise. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 City Council Meeting of September 19, 2016 (Item No. 4b) Page 13 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) ORDINANCE NO. ____-16 ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ST. LOUIS PARK THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The City of St. Louis Park Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of St. Louis Park. (a) Pursuant to City Ordinance ______, a Franchise Agreement between the City of St Louis Park and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM February, 2017 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. City Council Meeting of September 19, 2016 (Item No. 4b) Page 14 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. First Reading of Ordinance 09/06/2016 Second Reading of Ordinance 09/19/2016 Date of Publication 09/29/2016 Reviewed for Administration Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of September 19, 2016 (Item No. 4b) Page 15 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 4.00 Sm C & I – Non-Dem $ 8.50 Sm C & I – Demand $ 45.00 Large C & I $ 145.00 Public Street Ltg $ 0 Muni Pumping –N/D $ 8.50 Muni Pumping – Dem $ 45.00 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. City Council Meeting of September 19, 2016 (Item No. 4b) Page 16 Title: Second Reading of Ordinance Imposing a Franchise Fee on Northern States Power Co. (dba Xcel Energy) SUMMARY ORDINANCE NO. ____-16 ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY (dba XCEL ENERGY) This ordinance states that St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of St. Louis Park. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 Meeting: City Council Meeting Date: September 19, 2016 EXECUTIVE SUMMARY TITLE: Second Reading of Franchise Ordinance and Franchise Fee Ordinance with CenterPoint Energy Resources Corporation RECOMMENDED ACTION: Motion to Approve the Second Reading and Adopt Ordinance, Approving a Franchise Agreement with CenterPoint Energy Resources Corporation, and Approve the Ordinance Summary for publication, and Motion to Approve the Second Reading and Adopt Ordinance, imposing a franchise fee on CenterPoint Energy Resources Corporation, and Approve the Ordinance Summary for publication. POLICY CONSIDERATION: Does the City Council wish to approve a franchise agreement and increase the franchise fees for CenterPoint Energy to assist in funding the City’s Pavement Management Program? SUMMARY: The City has imposed franchise fees on CenterPoint Energy (CPE) since 2004. Keeping with Council direction of reviewing the fees every other year, the fees were increased to $3.25/month for a residential customer in 2015. Staff recommends the fees are increased to $4.00/ month for a residential customer in 2017. Staff is proposing, and CPE supports, that their franchise fee is consistent with the franchise fee imposed on Xcel Energy. Staff recommends Council approve the second reading of these ordinances. Based on this schedule, the franchise fee increase would be effective February 1, 2017. FINANCIAL OR BUDGET CONSIDERATION: The City’s Pavement Management Program is currently funded by franchise fee revenues, collected by both Xcel and CPE. Based on the current fees, total franchise fees generate approximately $2.3 million annually (CenterPoint - $889,524; Xcel - $1,420,116). The proposed increase in the CPE franchise fee would add approximately $266,046 in additional annual revenue to the Pavement Management Program, and provide greater sustainability into the future. By implementing this proposed franchise fee increase for 2017, St. Louis Park would still be competitive with other cities in the area. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Franchise Ordinance Summary Franchise Ordinance Franchise Fee Ordinance Summary Franchise Fee Ordinance Prepared by: Debra Heiser, Engineering Director Reviewed by: Tim Simon, Chief Financial Officer Approved by: Tom Harmening, City Manager Consent Agenda Item: 4c City Council Meeting of September 19, 2016 (Item No. 4c) Page 2 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation DISCUSSION BACKGROUND: In early 2003 the City adopted an ordinance granting CenterPoint Energy (CPE) a natural gas utility franchise in the city. That ordinance allowed the City to impose a franchise fee on CPE. That ordinance allowed the City to impose a franchise fee on CPE. The Franchise ordinance expires at the end of this year. The City has been working with CPE on a new ordinance since 2013. The new ordinance has been reviewed by the City and CPE and is attached. The franchise ordinance has a 20 year term. Franchise fees in St. Louis Park are used in their entirety to assist in funding the cost the City experiences to maintain, reconstruct and repair the street system via the City’s Pavement Management Program. On July 18, 2016, the City Council approved an updated assessment policy that shifted funding of the majority of public improvement to franchise fees. In general, the City Council’s direction for the public improvements discussed as a part of this policy was “If there is a public purpose for the infrastructure, the City should fund construction.” The proposed fee increase will fund all local street and alley construction projects. The Council has historically considered franchise fee adjustments every other year and based on that schedule 2017 and 2019 would be the years to consider adjusting the fees. In the long range financial plan the current estimates reflect a $0.75 increase per utility/per month for single family home in 2017 and $0.75 again in 2019 to fully fund the pavement management program. Beyond 2019, we have not programmed any changes but will review annually as part of the CIP process. This plan reflects the 10 year CIP assuming no assessments for all local street and alley construction projects. The franchise fee is essentially a user fee collected from customers on their utility bill and paid to Xcel. The utility then functions essentially as a pass through entity with the franchise fee revenue being remitted to the City of St. Louis Park. PRESENT CONSIDERATIONS: As discussed with the Council most recently on July 18, 2016, staff is proposing a $0.75/month fee increase to residential customers for 2017 to continue funding the Pavement Management Program. Based on customer class, customers would see increases ranging from $0.75/month per utility for residential customers to $45.00/month per utility for large commercial/industrial customers (please see attachment - Franchise Fee Estimate). Residential customers make up approximately 90% of the total customers. It was desired by the City to adopt an ordinance that would allow for automatic annual or alternating year fee increases, but that is not allowed by the Public Utilities Commission. The City also imposes an equivalent franchise fee on Xcel Energy. Staff is also proposing (under separate action) to increase Xcel’s current basic Franchise Fee by $0.75/month per utility for residential customers. Per the City’s Long Range Financial Management Plan, by increasing franchise fees in 2017, it is projected that the Pavement Management Program could be funded entirely by franchise fees making the fund sustainable in the long-term based on projected expenditures and no significant changes to the program. Based on recent discussions with CPE staff, they do not oppose this proposed increase in the franchise fee. City Council Meeting of September 19, 2016 (Item No. 4c) Page 3 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation NEXT STEPS: The following steps outline the adoption process to be followed: 1. Ordinances must contain all the terms and conditions of the franchise 2. Franchise ordinances require a public hearing 3. At least seven days must pass between first reading (public hearing) and 2nd reading 4. At second reading motion will be “Motion to adopt the ordinance, approve the summary and authorize summary publication” 5. Ordinance becomes effective 90 days following adoption Based on the above process, staff has developed the following steps and schedule for adopting the franchise ordinance and franchise fee ordinance: First Reading of Ordinances 09/06/2016 Second Reading of Ordinance 09/19/2016 60 days after notifying utilities Ordinance takes effect 02/01/2017 90 days after 2nd reading Utilities begin collection 02/01/2017 City Council Meeting of September 19, 2016 (Item No. 4c) Page 4 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation City of St Louis Park, Minnesota Franchise Fee Estimate Variable Increases Proposed for 2017 Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2017 New Revenue Estimate Current MONTHLY FLAT FEE 2017 New Fee Proposal Residential 22,242 $867,438 $1,067,616 $3.25 $4.00 Small C&I – Non-Demand 1,350 $105,300 $137,700 $6.50 $8.50 Small C&I – Demand 699 $251,640 $377,460 $30.00 $45.00 Large C&I 149 $187,740 $259,260 $105.00 $145.00 Public Street Lighting 75 $0 $0 Municipal Pumping – Non-Demand 21 $1,518 $2,151 $6.00 $8.50 Municipal Pumping – Demand 18 $6,480 $9,720 $30.00 $45.00 Total 24,554 $1,420,116 $1,853,907 Net Increase $433,791 CenterPoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES 2017 New Revenue Estimate Current MONTHLY FLAT FEE 2017 New Fee Proposal Residential 16,382 $638,898 $786,336 $3.25 $4.00 Commercial B 407 $31,746 $41,514 $6.50 $8.50 Commercial C 519 $186,840 $280,260 $30.00 $45.00 SVDF A & B 75 $27,000 $40,500 $30.00 $45.00 LVDF 4 $5,040 $6,960 $105.00 $145.00 Total 17,387 $889,524 $1,155,570 Net Increase $266,046 Total $699,837 City Council Meeting of September 19, 2016 (Item No. 4c) Page 5 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation ORDINANCE NO. ____-16 CITY OF ST. LOUIS PARK, HENNEPIN COUNTY, MINNESOTA ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., D/B/A CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”),, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of St. Louis Park, County of Hennepin, State of Minnesota. 1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer, street lighting, traffic signals, and water service, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas (“CenterPoint Energy”), its successors and assigns, including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. 1.5 Gas. Natural gas, manufactured gas, mixture of natural gas and manufactured gas or other forms of gas energy. 1.6 Gas Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and all necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. 1.7 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to: CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall Minneapolis, Minnesota 55402. City Council Meeting of September 19, 2016 (Item No. 4c) Page 6 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation Notice to the City shall be mailed to: City Manager, City Hall, 5005 Minnetonka Boulevard, St. Louis Park, MN 55416. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Ordinance. This gas franchise ordinance, also referred to as the Franchise. 1.8 Public Ground. Land owned or otherwise controlled by the City for park, open space or similar purpose, which is held for use in common by the public. 1.8 Public Way. Any street, alley, walkway or other public right-of-way located within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this franchise. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. City Council Meeting of September 19, 2016 (Item No. 4c) Page 7 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. However, in no event shall this Franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Gas Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City’s request and comply with the location requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned and retired Gas Facilities not located in Public Ways and Public Grounds. 3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Gas Facilities within the City consistent with the requirements of Minnesota Statutes, Chapter 216D. Company shall provide current mapping information for any of its Gas Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100 and other applicable state and federal laws. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, Company shall restore the same, including paving and its foundation, in accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to City Council Meeting of September 19, 2016 (Item No. 4c) Page 8 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. Company shall comply with the requirements of Minnesota Rules, Part 7819.3100 and applicable law relating to relocation of Gas Facilities in Public Ways. If a relocation is ordered within five (5) years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment expenses on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company, at Company’s expense, to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. INDEMNIFICATION. 5.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned City Council Meeting of September 19, 2016 (Item No. 4c) Page 9 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner, of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 5.2 Defense of City. In the event a suit is brought against the City under circumstances where this franchise agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations under Minnesota Statutes Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation is first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1 Fee Schedule. During the term of the franchise hereby granted, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. Such fee shall not exceed any amount that the Company may legally charge to its customers. 8.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. 8.3 Terms Defined. For the purpose of this Section 8, the following definitions apply: City Council Meeting of September 19, 2016 (Item No. 4c) Page 10 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation 8.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s gas tariffs on file with the Commission. 8.3.2 “Fee Schedule” refers to the schedule in the fee ordinance setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its gas tariffs after the effective date of this franchise agreement. 8.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 8. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 8.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 8.5, the foregoing conditions will be waived to the extent of such written consent. 8.6 City Fees. Company shall be responsible for all permit or other fees imposed by the City for work conducted pursuant to this franchise. SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. City Council Meeting of September 19, 2016 (Item No. 4c) Page 11 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous gas franchise granted to Company or its predecessor. SECTION 12. EFFECTIVE DATE; WRITTEN ACCEPTANCE. This franchise shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City Council may revoke this franchise if Company does not file a written acceptance with the City within 90 days after publication. Reviewed for Administration Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas By: ____________________________________ Subscribed and sworn to before me this ____ day of __________, 20__. _______________________________ Notary Public City Council Meeting of September 19, 2016 (Item No. 4c) Page 12 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation SUMMARY ORDINANCE NO. ____-16 ORDINANCE GRANTING A NATURAL GAS UTILITY FRANCHISE TO CENTERPOINT ENERGY RESOURCES CORPORATION This ordinance states that St. Louis Park City Council has given CenterPoint Energy the right to transmit and furnish gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this franchise. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 City Council Meeting of September 19, 2016 (Item No. 4c) Page 13 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation ORDINANCE NO. ____-16 ORDINANCE IMPLEMENTING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY RESOURCES CORPORATION d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF ST. LOUIS PARK THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The City of St. Louis Park Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. The St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of St. Louis Park. (a) Pursuant to City Ordinance ______, a Franchise Agreement between the City of St. Louis Park and CenterPoint Energy Resources Corporation d/b/a CenterPoint Energy Minnesota Gas, its successors and assigns, the City has the right to impose a franchise fee on CenterPoint Energy in an amount and fee design as set forth in Section 8 of the CenterPoint Energy Resources Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on CenterPoint Energy, its successors and assigns, under its natural gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the CenterPoint Energy February, 2017 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for natural gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee, consistent with the Minnesota Public Utility Commission’s March 23, 2011 Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. City Council Meeting of September 19, 2016 (Item No. 4c) Page 14 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to CenterPoint Energy by certified mail. Collection of the fee shall commence as provided above. First Reading of Ordinance 09/06/2016 Second Reading of Ordinance 09/19/2016 Date of Publication 09/29/2016 Reviewed for Administration Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of September 19, 2016 (Item No. 4c) Page 15 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 4.00 Commercial B $ 8.50 Commercial C $ 45.00 SVDF A& B $ 45.00 LVDF $ 145.00 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. City Council Meeting of September 19, 2016 (Item No. 4c) Page 16 Title: Second Reading of Ordinance Imposing a Franchise Fee on CenterPoint Energy Resources Corporation SUMMARY ORDINANCE NO. ____-16 ORDINANCE IMPLEMENTING A NATURAL GAS FRANCHISE FEE ON CENTERPOINT ENERGY RESOURCES CORPORATION This ordinance states that St. Louis Park City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of St. Louis Park. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 Meeting: City Council Meeting Date: September 19, 2016 Consent Agenda Item: 4d EXECUTIVE SUMMARY TITLE: Floodplain District Zoning Ordinance and Zoning Map Amendments RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance amending Chapter 36, Article IV, Division 10 of the St. Louis Park Code of Ordinances relating to Floodplain Districts and amending the Official Zoning Map, and to approve the Ordinance Summary for Publication. POLICY CONSIDERATION: Does City Council support the proposed amendments to the Zoning Ordinance and Zoning Map pertaining to Floodplain Districts in order to remain in compliance with the Federal and State regulations and to maintain the City’s eligibility to participate in the National Flood Insurance Program (NFIP)? SUMMARY: The Federal Emergency Management Agency (FEMA) on May 4, 2016 issued a Letter of Final Determination notifying the City that revised FEMA Flood Insurance Rate Maps (FIRM) would become effective on November 4, 2016. Due to these changes, the city’s Floodplain Ordinance must be amended to comply with new and updated Federal regulations by no later than November 4, 2016 to order for the community to remain eligible for the NFIP. The Minnesota Department of Natural Resources (DNR) NFIP Coordinator informed the city on May 12, 2016 that St. Louis Park’s current floodplain ordinance will not comply with the new Federal regulations and provided an updated model floodplain ordinance. The attached Floodplain Ordinance modifies the DNR model ordinance to reflect the floodplain regulations St. Louis Park has historically enforced, while at the same time incorporating the language required by FEMA and DNR. No floodplain district policy changes are suggested at this time. The Official Zoning Map will also be amended to reflect the new FIRM. Planning Commission held a public hearing and recommended approval of the amendments on August 17, 2016. City Council approved the first reading on September 6, 2016. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. SUPPORTING DOCUMENTS: Discussion Floodplain Ordinance Ordinance Summary for Publication Proposed Official Zoning Map Floodplain District Boundary Changes Exhibit Planning Commission Meeting Minutes FEMA Letter of Final Determination dated May 4, 2016 DNR Letter dated May 12, 2016 DNR Letter of Conditional State Approval Prepared by: Sean Walther, Planning and Zoning Supervisor Reviewed by: Michele Schnitker, Deputy Community Development Director Approved by: Tom Harmening, City Manager DISCUSSION BACKGROUND: The City of St. Louis Park has had a Floodplain District Ordinance in effect since 1976 to enforce strict standards for construction and uses within city floodplains. Historically, the City of St. Louis Park floodplain district ordinance has gone above and beyond what is required by the Federal Emergency Management Agency (FEMA), Minnesota Department of Natural Resources (DNR), and the watershed districts. As per FEMA and MNDNR, the City of St. Louis Park needs to update the city’s floodplain ordinance and floodplain district boundaries to adhere to new federal and state requirements no later than November 4, 2016. The Federal Emergency Management Agency (FEMA) contacted the City of St. Louis Park on May 4, 2016 with a Letter of Final Determination to inform the Mayor and City Council that revised FEMA Flood Insurance Rate Maps (FIRM) would become effective on November 4, 2016. The notice states that the city’s Floodplain Ordinance must be amended to comply with new and updated Federal regulations with regards to the NFIP no later than November 4, 2016. The regulations also require the city’s Floodplain District boundaries on the Zoning Map to match the boundaries shown on the new FIRM. The Minnesota Department of Natural Resources (DNR) NFIP Coordinator contacted the city on May 12, 2016 and informed the city that its current floodplain ordinance will not comply with the new Federal regulations. PRESENT CONSIDERATIONS: The DNR prepared a model ordinance for cities across Minnesota to use as a guide to rewrite local floodplain ordinances. City staff adapted the DNR model ordinance to retain the high standards for land use activities occurring in floodplains that St. Louis Park has historically required and to comply with the underlying zoning land use districts, while also including the new FEMA and DNR requirements. No floodplain district policy changes are suggested at this time. The current Floodplain District code will be replaced in its entirety. The Floodplain District Ordinance draft was submitted to the DNR on July 19, 2016 for review. The DNR contacted Mayor Spano and city staff on July 25, 2016 stating that the ordinance was conditionally approved with two minor additions including a definition and standards for recreational vehicles. Staff amended the ordinance to incorporate these two items. In addition to the DNR model ordinance update, there is an update to the FEMA FIRM. In general, the changes to the floodplain boundaries occur along Minnehaha Creek. As part of the process of updating the zoning map, a public hearing notice was published in the Sun Sailor and city staff mailed public hearing notices on August 3, 2016 to the 215 property owners whose land intersects changes to the boundary. Where there was no change to the boundary, city staff did not mail notices to those property owners. The city website provides St. Louis Park property owners with helpful links to FEMA and DNR resources and an online mapping tool to assist property owners in generating some of the information they may need to provide to FEMA and their mortgage companies. NEXT STEPS:  September 29, 2016 – The ordinance summary will be published in the Sun Sailor.  November 4, 2016 – The ordinance will become effective. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 2 ORDINANCE NO. _____ AN ORDINANCE AMENDING THE ST. LOUIS PARK CODE OF ORDINANCES CHAPTER 36, ARTICLE IV, DIVISION 10 RELATING TO FLOODPLAIN DISTRICTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16-34-ZA). SECTION 2. Division 10 of the St. Louis Park Code of Ordinances is hereby repealed and replaced in its entirety to read as follows: DIVISION 10. FLOODPLAIN DISTRICTS Sec. 36-291. Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of St. Louis Park, Minnesota, does ordain as follows. Sec. 36-292. Purpose. (a) This ordinance regulates development in the flood hazard areas of St. Louis Park. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (b) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.  Sec. 36-293. General Provisions. (a) How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the City of St. Louis Park includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. (1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. (2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 3 (b) Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of St. Louis Park shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. (1) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. (c) Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the Zoning Administrator. Effective Flood Insurance Rate Map panels: 27053C0331F 27053C0332F 27053C0334F 27053C0342F 27053C0351F 27053C0352F 27053C0353F 27053C0354F 27053C0361F 27053C0362F (d) Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Zoning Appeals and City Council and to submit technical evidence. (f) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (g) Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of St. Louis Park or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 4 (h) No stage increase permitted. No structure, fill, deposit, obstruction or storage of materials or equipment shall be allowed in any floodway, or general floodplain district which will cause any increase in the stage of the 100-year flood or will cause an increase in flood damages in the reaches affected. (i) Compensating storage. The city may approve such structure, fill, deposit, obstruction or storage of materials or equipment if it otherwise complies with the provisions of this chapter and provision is made for compensating storage of floodwaters displaced by the activity listed in this subsection (f). Such compensating storage shall be located where it will achieve the goal of eliminating a stage increase. Sec. 36-294. Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. If any of the words defined are used elsewhere in this chapter, their meaning shall be those assigned by section 36-4. Base Flood Elevation means the elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Equal Degree of Encroachment means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Flood Frequency means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Flood Fringe means the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for Hennepin County, Minnesota. Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. Flood Prone Area means any land susceptible to being inundated by water from any source (see “Flood”). Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Floodproofing means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 5 Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. New Construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. One Hundred Year Floodplain means lands inundated by the “Regional Flood” (see definition). Reach means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Regional Flood means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. Regulatory Flood Protection Elevation (RFPE) means an elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Repetitive Loss means flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. Special Flood Hazard Area means a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” Start of Construction means includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit’s expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 6 manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 36- 294(b)(1) of this ordinance and other similar items. Substantial Damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1. Sec. 36-295. Establishment of zoning districts. (a) Districts. (1) Floodway District (FW). The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 36-292(c). For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (2) Flood Fringe District (FF). The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 36-292(c), but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (3) General Floodplain District (GF). The General Floodplain District includes those areas within Zones A and AH that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 36-292(c). (b) Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. (c) Compliance. Provisions for compliance are as follows: City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 7 (1) Recreational vehicles that do not meet the exemption criteria specified in Section 36- 294(b)(1)a below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 36-294(b)(1)c below. a. Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 36-294(b)(1)b below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district. b. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. c. Recreational vehicles exempted in Section 36-294(b)(1)a lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 36-294(c) & Section 36-294(d) of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (2) Modifications, additions, structural alterations normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter. (d) Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 36-292(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of St. Louis Park at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of St. Louis Park after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. Sec. 36-296 Floodway district (FW). Within the floodway district, all uses not listed as permitted uses or conditional uses shall be prohibited. No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 8 (a) Permitted Uses. The following uses, subject to the standards set forth in Section 36-295(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: (1) Outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, and parking areas. (3) Open space uses and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fish hatcheries, fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to issuance of any permit. (b) Standards for Floodway Permitted Uses. (1) The use must have a low flood damage potential. (2) The use shall be permissible in the underlying zoning district. (3) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. (4) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (c) Conditional Uses. The following uses shall require a conditional use permit following the standards and procedures set forth in Section 36-300(c) of this ordinance and further subject to the standards set forth in Section 36-295(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. (1) Structures and parking lots accessory to the uses listed in Section 36-295(a)(1) - Section 36- 295(a)(3), above and the uses listed in Section 36-295(c)(2) - Section 36-295(c)(3) below. (2) Docks, piers, wharves, and water control structures. (3) Placement of fill or construction of fences that obstruct flood flows. (4) Structural works for flood control such as levees, dikes and floodwalls, constructed to any height where the intent is to protect individual structures for a frequency flood event equal to or less than the 10-year frequency flood event. (d) Standards for Floodway Conditional Uses. The standards for floodway conditional uses are as follows (1) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. (2) The conditional use shall be permissible in the underlying zoning district. (3) Fill; Storage of Materials and Equipment: City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 9 a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. (4) Accessory Structures. Accessory structures, as identified in Section 36-295(c)(1), may be permitted, provided that: a. Structures are not intended for human habitation; b. Structures will have a low flood damage potential; c. Structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; d. Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; e. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. f. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: 1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.4.44. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. (5) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 10 (6) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. Sec. 36-297 Flood fringe district (FF). (a) Permitted Uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 36-296(b). (b) Standards for Flood Fringe Permitted Uses. (1) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. (2) For all structures constructed after June 15, 1998, the lowest floor elevations shall be no lower than the regulatory flood protection elevation. For all structures existing on June 15, 1998, and additions to structures existing on June 15, 1998, the lowest floor shall be no lower than one foot below the regulatory flood protection elevation. (3) Accessory Structures. As an alternative to the fill requirements of Section 36-296(b)(1), structures accessory to the uses identified in Section 36-296(a). may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: a. The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. b. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: 1. Adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, 2. Constructed with materials resistant to flood damage, and 3. Must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation c. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: 1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (4) The cumulative placement of fill or similar material on a parcel must not exceed 400 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 11 36-296(b)(1) of this ordinance, or if allowed as a conditional use under Section 36-296(c)(3) below. (5) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. (6) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. (7) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (8) Compacted fill; protected slopes. Fill shall be properly compacted and the slopes shall be properly protected by the use of rip rap, vegetative cover or other acceptable methods. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (9) Vehicular access. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. (10) Commercial uses. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (11) Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. (12) Manufacturing and industrial uses. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection (b)(10) of this section. In considering permit applications, consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas. (13) Anchoring. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. (c) Conditional Uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 36-300(c) of this ordinance. (1) Any structure that is not elevated on fill or floodproofed in accordance with Section 36- 296(b)(1) and Section 36-296(b)(3) of this ordinance. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 12 (2) Storage of any material or equipment below the regulatory flood protection elevation. (3) The cumulative placement of more than 400 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 36-296(b)(1) of this ordinance. (4) The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Section 36-296(d)(6). (d) Standards for Flood Fringe Conditional Uses. (1) The standards listed in Section 36-296(b)(5) through Section 36-296(b)(13) apply to all conditional uses. (2) Basements, as defined by Section 36-296 of this ordinance, are subject to the following: a. Residential basement construction is not allowed below the regulatory flood protection elevation. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 36-296(d)(3) of this ordinance. (3) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. (4) The placement of more than 400 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. (5) Storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in a manner required by a plan approved by the city. (6) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 13 floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a. Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and 2. That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. Sec. 36-298 General floodplain district (GF) (a) Permitted Uses. (1) The uses listed in Section 36-295(a) of this ordinance, Floodway District Permitted Uses, are permitted uses. (2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 36-297(b) below. Section 36-295 applies if the proposed use is determined to be in the Floodway District. Section 36-296 applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for Floodway and Flood Fringe Determinations. (1) Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such information deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. This information may include the following: a. A plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; and the location and elevations of streets. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 14 b. The drainage area contributing to the waterbody and existing type and level of development in the drainage area. c. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. d. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. e. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Section 36-297(b)(3) below. (3) The determination of floodway and flood fringe must include the following components, as applicable: a. Estimate the peak discharge of the regional (1% chance) flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. (4) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. (5) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 36-295 and Section 36-296 of this ordinance. Sec. 36-299 Land development standards. (a) In General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of St. Louis Park. (b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. (1) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 15 (2) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. (3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. (4) In the General Floodplain District, applicants must provide the information required in Section 36-295 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (5) If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: a. All such proposals are consistent with the need to minimize flood damage within the flood prone area, b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and c. Adequate drainage is provided to reduce exposure of flood hazard. (c) Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) Constructed with materials and utility equipment resistant to flood damage; (3) Constructed by methods and practices that minimize flood damage; and (4) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Sec. 36-300 Public utilities, railroads, roads, and bridges. (a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (b) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Section 36-295 and Section 36-296 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On-site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 16 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. Sec. 36-301 Administration. (a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. (b) Permit Requirements. (1) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. b. The use or change of use of a building, structure, or land. c. The construction of a dam, fence, or on-site septic system. d. The change or extension of a nonconforming use. e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. f. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. g. Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (2) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 17 (4) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. (5) Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. (6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (c) Factors for Conditional Use Approval. (1) Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) 36-33 Conditional Use Permits (CUP) of the zoning ordinance. (2) The factors upon which the decision of the city council shall be based when considering conditional use applications are as follows: a. All relevant factors specified in other sections of this chapter. b. The danger to life and property due to increased flood heights or velocities caused by encroachments. c. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. d. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. e. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. f. The importance of the services provided by the proposed facility to the community. g. The requirements of the facility for a waterfront location. h. The availability of alternative locations not subject to flooding for the proposed use. i. The compatibility of the proposed use with existing development and the development anticipated in the foreseeable future. j. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. k. The safety of access to the property in times of flood for ordinary and emergency vehicles. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 18 l. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. m. Such other factors which are relevant to the purposes of this division. (3) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the city council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (4) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (5) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Sec. 36-302 Nonconformities. (a) Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 36-293 of this ordinance, are subject to the provisions of Section 36-301(1) through Section 36-301(6) of this ordinance. (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity, its flood damage potential or degree of obstruction to flood flows except as provided in Section 36-301(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Section 36-301(3) and Section 36-301(7) below. (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 19 reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of this chapter for new structure. (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. (5) If any nonconformity is substantially damaged, as defined in Section 36-293 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Section 36-295 or Section 36-296 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. (6) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 36-293 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. (7) Any substantial improvement, as defined in Section 36-293 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 36-295 or Section 36-296 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. Sec. 36-303 Penalties and enforcement. (a) Violation Constitutes a Misdemeanor. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected Ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) When an Ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 20 a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. (4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. Sec. 36-304 Amendments. (a) Floodplain Designation – Restrictions on Removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (b) Amendments Require DNR Approval. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (c) Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 36-292(c) of this ordinance. SECTION 3. The contents of Planning Case File 16-34-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. SECTION 4. The ordinance shall take effect on November 4, 2016, and not less than 15 days after its publication. Public Hearing August 16, 2016 First Reading September 6, 2016 Second Reading September 19, 2016 Date of Publication September 29, 2016 Effective Date November 4, 2016 Reviewed for Administration Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 21 Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney Stamp with Community Seal: City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 22 SUMMARY FOR PUBLICATION ORDINANCE NO._____ FLOODPLAIN DISTRICT ZONING ORDINANCE AND ZONING MAP AMENDMENTS The ordinance amends Chapter 36, Article IV, Division 10 of the St. Louis Park Code of Ordinances relating to Floodplain Districts. It also amends the Flood Plain Districts Boundaries on the Official Zoning Map to be consistent with new Flood Insurance Rate Maps issued by Federal Emergency Management Agency. These changes allow the City to remain in compliance with Federal and State flood plain regulations and maintain the community’s eligibility to participate in the National Flood Insurance Program. This ordinance shall take effect on November 4, 2016 and not less than 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 23 Westwood HillsNature Center Cedar Manor School Minneapolis Golf Club Knollwood Mall Benilde-St.MargaretSchool Bass LakePreserve Wolfe Park MeadowbrookGolf Course Louisiana Oaks Park Aquila Park St. Louis ParkSenior High School St. Louis ParkMiddle School MethodistHospital JewishCommunity Center ShelardPark City Hall Dakota Park Peter HobartSchool KeystonePark Hannon Lake Victoria Lake Cobble CrestLake Westwood Lake LamplighterPond MeadowbrookLake South OakPond Twin Lake City of MinnetonkaCity of Plymouth City of Golden Valley City of Hopkins City of Edina City of MinneapolisTDM Zone ATDM Zone B Recreation Center Fire Station#2 Oak HillPark MunicipalService Center Park NicolletClinic Fire Station#1 PoliceStation MinnehahaCreek MINNETONKA BLVD EXCELSIOR BLVDCEDAR LAKE RD34TH ST W WALKER ST LAKE ST W 27TH ST W ALABAMA AVE STEXAS AVE SFRANCE AVE SOXFORD STFLAG AVE SFLORIDA AVE SYOSEMITE AVE SGEORGIA AVE SIDAHO AVE SLIB R A R Y L N 41ST ST WJERSEY AVE SW O O D D A L E A V E SLOUISIANA AVE S38TH ST W 37TH ST W FORD RD KENTUCKY AVE SSHELARD PKWY CEDARLAKERDS35TH ST W VERNON AVE SGORHAM A V E PARK GLEN R D INGLEWOOD AVE SKIPLING AVE SBELT LINE BLVDBROWNDALEAVE39TH ST W CLUB RD MORNINGSIDE RDBRUNSWICK AVE SJOPPA AVE SHUNTINGTON AVE SVIRGINIA CIR N PARK PLACE BLVD S28TH ST WMELROSEAVE 25 1/2 ST W NORTH STZARTHAN AVE SBROOKSID E AVEMARYLAND AVE S31ST ST W 16TH ST W FORESTRD HAMILTON ST ZINRAN AVE SEDGEBROOK D R TOLEDO AVE SGOODRICH AVE B A S SWOOD RDUTICA AVE S1ST ST NW23RD ST W 361/2 ST W 36TH ST WELIOT VIEW RD 26TH ST W GLENHURST AVE S2ND ST NWXENWOOD AVE SWEBSTER AVE SAQUILALNS32ND ST W NEVADA AVE SM O N T E R E Y D R VIRGINIA CIR S NATCHEZ AVE SFRANKLIN AVE W 24TH ST WWESTWOODHILL S D R MEADOWBROOK RDVALLACHE R A VE DAKOTA AVE SSALEM AVE S22ND ST W LYNN AVE S43 1/2 ST W 40TH LN W 29TH ST W 40TH ST W OTTAWA AVE S25TH ST W BOONE AVE SW O O D D A L E A V E GAMBLE DR 30 1/2 ST W BR O W N L O W A V E BROOK AVE S34 1/2 ST W Q U E B E C A V E S14TH ST W BURDPL S TANLEN R D RALEIGH AVE SPARKLANDSRDMACKEY AVE SXYLONAVESSERVICERDP A R K C O M M O NS D RKILMER AVEVICTORIA W A Y SOUTH ST CEDARWOOD R DJORDAN AVE SP ARKER R D SUMTER AVE SCOLORADO AVE SDART AVE SUTAH AVE SAQUILAAVESCA V EL L A V ESKENTUCKYLN 22ND LN W 35 1/2 ST WRIDGE DRM O N I T O R S T BLACKSTONE AVE SVERMONT ST FORD LN RANDALL A V E 32 1/2 ST W EDGEWOOD AVE SWYOMING AVE ST A F T A V E S STEPHENS DRINDEPENDENCEAVES REPU BLIC A VEDECATURLN MONTEREY AVE SHAMPSHIRE AVE S13TH LN W CAVEL LLN PAR K C E N T E RBLVD13 1/2 ST W PRINCETON AVE SPARKDALE DR OREGON AVE SPHILLIPS PKWYLANCASTERAVEGLENHURST R DVIRGINIAAV E S SBHWY100STOWBHWY7YUKON AVE S33RD ST W MEADOWBRO O K BLV D HIGHWOODRD GLEN PLSUMTERDRHILLSBOROAVES24TH CT W EXCELSIOR WAYV IC T O RIAC R V WOOD L A N D D R QUEBECDR DECATUR AVE SBROOKLNMINNEHAHA C IRSBROOKV I EW DR CEDAR S T O AK LEAFDR FO R E S T L N 42 1/2 ST WHILLLNSFRONTAGE RDWOOD LN LOUISIANA CT SFAIRWAY LNOAKPARK V I L L A G E D R T E X A T O N KAAVEJEWISHCCTU R N A R O U N D ENSIGN AVE SV IC TORIA C I R WILLOW LN SBOONE CTAUTO CLUB WAY DEVANEY ST FREDERI C K A V E AQUILA CIR S OTTAWA PLWESTRIDGE LN24TH PL W SUNSET RIDGE RDFORD CIR TEXAS CIR S ID AHO A VES 23RD ST W 34TH ST W 28TH ST WPENNSYLVANIAAVES DAKOTA AVE S29TH ST WBLACKSTONE AVE S32ND ST W AQUILAAVES MARYLAND AVE S18TH ST W 23RD ST W GETTYSBURG AVE SLAKE ST W36TH ST W 31ST ST W 2 3 R D STWQUEBEC AVE S31ST ST WUTAH AVE S34TH ST W COLORADO AVE SXENWOOD AVE S33RD ST WOREGON AVE SJOPPA AVE SJERSEY AVE S25TH ST W 18TH ST W R A L E IG H A V E S 31ST ST W HIGHWAY 100 S33RD ST W WEBSTER AVE SCEDARLAKERDS R H O D E I SLANDAVESPENNSYLVANIA AVE SKIPLING AVE SSUMTER AVE SDAKOTA AVE SYOSEMITE AVE SEDGEWOOD AVE SSUMTER AVE SUTICA AVE SPRI NCETONAVESNATCHEZ AVE S13TH LN W 31ST ST W ZARTHAN AVE S32ND ST W PENNSYLVANIA AVE SYOSEMITE AVE SKENTUCKY AVE S16TH ST W 22ND ST WFORD RDOXFORD ST 23RD ST W VIRGINIAAVESDAKOTA AVE S25 1/2 ST W INGLEWOOD AVE S43 1/2 ST W 26TH ST W 31ST ST WZARTHAN AVE S27TH ST W VIRGINIAAVESSALEM AVE SYOSEMITE AVE S33RD ST W 41ST ST WJORDANAVES TOLEDO AVE SOTTAWA AVE S3 6TH ST W RALEIGH AVE S 25TH ST WOREGON AVE S18TH ST W 37TH ST W FRANCE AVE S28TH ST W XENWOOD AVE SCOLORADO AVE SUTICA AVE SBRUNSWICK AVE SXYLON AVE SEDGEWOOD AVE S37TH ST WNEVADA AVE S18THSTWBLACKSTONE AVE SBOONE AVE SCOLORADOAVES31ST ST W RHODE ISLAND AVE S23RD ST W LYNN AVE SQ U EBECAVESBRUNSWICK AVE S22ND ST W BRUNSWICK AVE S26TH ST W BROOKVIEW DR 40TH ST WDAKOTA AVE STEXAS AVE SKILMERAVE27TH ST W HAMPSHIRE AVE SZARTHAN AVE SHUNTINGTONAVES42ND ST W 22ND ST W 32ND ST W FRANKLIN AVE W 24TH ST W 2 5 T H ST W 29TH ST W RALEIGH AVE S16TH STW RHODE ISLAND AVE S16TH ST W OTTAWA AVE SVIRGINIAAVESQUENTIN AVE S35TH ST W 16 TH S T W UTAH AVE SALABAMA AVE SSUMTER AVE S33RD ST W PENNSYLVANI AAV E SYUKON AVE SBOONE AVE SPENNSYLVANIA AVE SAQUILA AVE SGETTYSBURG AVE S14TH ST W XYLON AVE SCAVELL AVE S35TH ST WCOLORADO AVE S29TH ST W 39TH ST W OTTAWA AVE SXYLON AVE S14TH ST W OTTAWAAVE SFLAG AVE SWEBSTER AVE SNEVADA AVE S37TH ST WUTAH AVE SHAMPSHIRE AVE SEDGEWOOD AVE SLYNN AVE SJOPPA AVE SALABAMA AVE S27TH ST WHAMPSHIRE AVE SVIRGINIA AVE S22NDSTW FLORIDA AVE SCAMBRIDGE ST 36TH ST W CAMBRIDGE ST RALEIGH AVE SXENWOOD AVE SRHODE I S L A N D A V E S 26TH ST W DAKOTA AVE SIDAHO AVE SQUEBEC AVE SINGLEWOOD AVE SSA L EM A V E S MEADOWBR O OKBLV DVIRGINIAAVES32ND ST W NATCHEZ AVE SQUEBEC AVE S28TH ST W WYOMINGAVESZARTHAN AVE S39TH ST W VERNON AVE SPRINCETON AVE SPRINCETON AVE SBRUNSWICK AVE SWALKER ST41ST ST WYOSEMITE AVE S26TH ST W UTICAAVESMONTEREY AVE SALABAMA AVE SFRANKLIN AVE W AQU IL A A V E S28TH ST W 29TH ST W 16TH ST W WEBSTER AVE SUTAH AVE SVIRGINIA AVE S?úA@ ?úA@ ?úA@ %&e( GbWX GbWX GbWX GzWX ?«A@ ?«A@ )y )y )y GdWXGdWX Proposed Zoning Map ±Updated: August 4, 2016 Prepared by the City of St. Louis Park Community Development Department Zoning Districts Representation: Zoning_Rep POS Park and Open Space R-1 Single-Family Residence R-2 Single-Family Residence R-3 Two-Family Residence R-4 Multiple-Family Residence R-C High-Density Multiple-Family Residence M-X Mixed Use C-1 Neighborhood Commercial C-2 General Commercial BP Business Park O Office I-P Industrial Park I-G General Industrial PUD Planned Unit Development Floodway Flood Fringe General Floodplain Travel Demand Management Boundary 0 0.55 1.10.275 Miles City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 24 Legend Floodplain District Boundary Changes No Change Added to 100-year Floodplain Removed from 100-year Floodplain Parcels City Boundary Zoning Map Floodplain District Boundary Changes ¯ HWY 7 HWY 7 HWY 7 HWY 100HWY 100HWY 169EXCELSIO R B L V DLOUIS IANA AVE Area of Interest 0 0.5 1 Miles City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map AmendmentsPage 25 D R A F T UNOFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA AUGUST 17, 2016 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Torrey Kanne, Lisa Peilen, Richard Person, Joe Tatalovich, Ethan Rickert (youth member) MEMBERS ABSENT: Carl Robertson STAFF PRESENT: Sean Walther, Phillip Elkin 1. Call to Order – Roll Call 2. Approval of Minutes of August 3, 2016 Commissioner Carper asked that corrections be made to the minutes as follows: 2A. Approval of July 20, 2016 minutes should indicate that Commissioner Robertson seconded the motion of approval; 3B. Arlington Row Apts. West public hearing should indicate that Commissioner Kanne seconded the motion recommending approval. Commissioner Carper made a motion to approve the minutes of August 3, 2016 as amended. Commissioner Person seconded the motion, and the motion passed on a vote of 3-0-3 (Johnston-Madison, Peilen and Tatalovich abstained). 3. Hearings A. Floodplain District Zoning Ordinance and Zoning Map Amendments Applicant: City of St. Louis Park Case No.: 16-34-ZA Sean Walther, Planning and Zoning Supervisor, presented the staff report. He explained that the amendments pertain to Floodplain Districts in order to remain in compliance with Federal and State regulations and to maintain the City’s eligibility to participate in the National Flood Insurance Program. He explained further that the city needs to update its floodplain ordinance and floodplain district boundaries to adhere to new federal and state requirements no later than November 4, 2016. Mr. Walther stated that 215 property owners whose land intersects changes to the floodplain district boundary were notified of the public hearing. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 26 Unofficial Minutes Planning Commission August 17, 2016 Page 2 Mr. Walther presented and discussed the floodplain district boundary changes map. He noted that three hand-outs with FAQs, detailed maps and topography data are provided for residents in attendance. He said questions about individual properties can be answered after the Planning Commission meeting adjourns. Commissioner Peilen asked how frequently the map is revised by the federal government. Mr. Walther said he believed the last map revision occurred in 2004. Mr. Walther spoke about online tools which the city proposes to provide to property owners with resources for more information regarding Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps. Chair Johnston-Madison opened the public hearing. Sandra Ewing, 3148 Hillsboro Ave S., spoke about flooding at her property two years ago. At that time fire staff said they didn’t need to sandbag because of the structure elevation. She asked if FEMA bases flood zones on topographic data. She commented that some neighboring properties flooded, some did not. She spoke about having to hire a surveyor in 1996. Mr. Walther responded that the 100-year flood plain does have an elevation associated with it. It varies throughout the Minnehaha Creek area in St. Louis Park. He spoke about the letter of amendment process as well as proposed mapping tools to assist residents. He noted that FEMA maps are not perfect but they are an assessment of risk. He said topographical data and rainfall data is much improved since the last map revision in 2004. Katherine Heyerdahl, 3171 Hillsboro Ave. S., said she has done a lot of research on her own. She said she has not been able to file a request for map amendment as there has been a hold on all changes during the last three years. She said the FEMA website has the ability for property owners to attach digital documents to support an amendment request rather than having to hire a surveyor. She commented that Anoka now has high quality website maps which can be submitted to FEMA. Mr. Walther responded that Anoka County is about one year ahead of the city in this process. St. Louis Park hopes to replicate the tools that Anoka County now has. He said the city’s goal is to be able to provide resources to residents around Labor Day. As no one else was present wishing to speak, the Chair closed the public hearing. City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 27 Unofficial Minutes Planning Commission August 17, 2016 Page 3 Commissioner Peilen made a motion recommending approval of the Zoning Ordinance Amendment and Zoning Map Amendment pertaining to Floodplain Districts. Commissioner Carper seconded the motion, and the motion passed on a vote of 6- 0. 4. Other Business: None 5. Communications: None 6. Adjournment The meeting was adjourned at 6:40 p.m. Respectfully submitted, Nancy Sells Recording Secretary City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 28 CERTIFIED MAIL RETURN RECEIPT REQUESTED IN REPLY REFER TO: 19P-A May 4, 2016 The Honorable Jake Spano Mayor, City of St. Louis Park City Hall 5005 Minnetonka Boulevard St. Louis Park, Minnesota 55416 Community: City of St. Louis Park, Hennepin County, Minnesota Community No.: 270184 Map Panels Affected: See FIRM Index Dear Mayor Spano: This is to formally notify you of the final flood hazard determination for the City of St. Louis Park, Hennepin County, Minnesota, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 2, 2004, the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that identified the Special Flood Hazard Areas (SFHAs), the areas that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On December 31, 2005, and August 17, 2012, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard determinations (FHDs) for your community were published in the Star Tribune on March 29, 2013, and April 5, 2013, and in the Federal Register, at Part 67, Volume 78, Page 8180, on February 5, 2013. The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited above, has ended. The proposed FHDs for your community were appealed during that time. All technical data submitted in support of the appeal have been evaluated, and the appeal has been resolved. Therefore, the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on November 4, 2016. Before the effective date, FEMA will send you final printed copies of the FIS report and FIRM. Because the FIS establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to November 4, 2016, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or local requirements of a more stringent nature. It must be emphasized that all the standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 29 to which the regulations apply and other modifications made by this map revision. Some of the standards should already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requirements by taking one of the following actions: • Amending existing regulations to incorporate any additional requirements of Paragraph 60.3(d); • Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or • Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified Special Flood Hazard Areas, the areas subject to inundation by the base flood. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basement) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of Map Revision) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in the following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an administrative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will become effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIRM and FIS report for your community have been prepared in our countywide format, which means that flood hazard information for all jurisdictions within Hennepin County has been combined into one FIRM and FIS report. When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your community. The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 30 distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1- 877-336-2627). In addition, your community may be eligible for additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Director, Federal Insurance and Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5500 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1-877-336-2627). Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, Answers to Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Structure, Use of Flood Insurance Study (FIS) Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Kevin Locke, Community Development Director, City of St. Louis Park City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 31 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised FIRM becomes effective on November 4, 2016. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective. New Panel Old Panel Project Identifier Date Issued Case No. LOMC LOMR 14-05-2615P 2013 Edina Morningside LOMR 27053C0362E 27053C0362F 12/29/2014 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 199100591FIA 27053C0361E 2630 ALABAMA AVE SO. 27053C0334F 06/24/1983 LOMA 92-05-081B Apt. Ownership No. 20 2701840005B 27053C0353F 03/17/1992 LOMA 93-05-400A PARK POINTE APARTMENTS 2701840005B 27053C0353F 03/11/1993 LOMA 93-05-850A BROOKSIDE SECOND DIVISION 2701840005B 27053C0361F 10/21/1993 LOMR-F 93-05-846A WESTWOOD HOMES 2701840005B 27053C0353F 12/10/1993 LOMR-F 94-05-198A LOT 2-39, BLOCK 1 - WESTWOOD TOWNHOUSES 2701840005B 27053C0354F 12/29/1993 LOMA 199400151R05 Unknown 27053C0361F 2701840005B 05/06/1994 LOMA 199400227R05 Unknown 2701840005B 27053C0361F 07/05/1994 Page 1 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 32 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 95-05-850A 3151 HILLSBORO AVENUE, SOUTH 2701840005B 27053C0334F 07/05/1995 LOMA 95-05-2002A 2827 AGUILA AVENUE SOUTH 2701840005B 27053C0334F 08/25/1995 LOMR-F 95-05-2668A LOTS 1-101, BLOCK 1 - SUNGATE ADDITION 2701840005B 27053C0353F 02/05/1996 LOMA 96-05-3414A LOTS 2 & 3, BLOCK 1 - WEST LYNN 2ND ADDITION 2701840005B 27053C0334F 12/02/1996 LOMA 97-05-3944A MINNEHANA GABLES - LOT 12, BLOCK 1, 2ND ADDITION - 3231 FLAG AVENUE 2701840005B 27053C0334F 11/10/1997 LOMA 97-05-5320A 4740 W. 27TH STREET 2701840005B 27053C0354F 12/03/1997 LOMA 98-05-3068A BROOKSIDE SECOND DIVISION - LOT 2, BLOCK 3 - 6224 MEADOWBROOK BOULEVARD 2701840005B 27053C0361F 06/03/1998 LOMA 98-05-5486A MINNEHAHA GABLES, 2ND ADDITION - LOT 15, BLOCK 1 - 3301 FLAG AVENUE SOUTH 2701840005B 27053C0334F 09/25/1998 LOMR-F 98-05-4868A OTTERLEI ADDITION, LOT 2, BLOCK 1 - 6900 OXFORD STREET 2701840005B 27053C0361F 12/16/1998 LOMA 99-05-2420A CEDARWOOD SECOND ADDITION, BLOCK 6, LOTS 1 & 2 - 2524 MONTEREY AVENUE SOUTH 2701840005B 27053C0354F 05/05/1999 LOMA 99-05-3846A BROOKSIDE ADD 2, BLOCK 2 - LOT 8 - 4265 MEADOWBROOK BLVD 2701840005B 27053C0361F 05/12/1999 LOMA 00-05-5862A BROOKSIDE, LOT 4, BLOCK 4 - 5642 WOOD LANE/4341 YOSEMITE AVE. S 2701840005B 27053C0361F 09/21/2000 LOMA 00-05-5394A 2170 CEDAR LAKE ROAD 2701840005B 27053C0353F 11/28/2000 LOMA 01-05-0730A 3224 GETTYSBURG AVE., S. (LOT 7, BL. 1, MINNEHAHA GABLES, 2ND ADDITION) 2701840005B 27053C0334F 02/21/2001 LOMA 01-05-586A BLOCK 6, LOT 4, CEDARWOOD 2ND ADDITION; 2510 MONTEREY AVENUE SOUTH 2701840005B 27053C0354F 04/13/2001 LOMA 02-05-0432A LOT 7, BLOCK 2, BROOKSIDE SECOND DIVISION--4255 MEADOWBROOK BLVD. 2701840005B 27053C0361F 11/30/2001 LOMA 02-05-2920A 3295 HILLSBORO AVENUE SOUTH 2701840005B 27053C0334F 08/28/2002 LOMA 02-05-3911A LOTS 5 AND 6, WEST LYNNSUBDIVISION--8630 WEST 29TH STREET 2701840005B 27053C0334F 12/11/2002 Page 2 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 33 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 03-05-4140A LOTS 18 & 19, BLOCK 2, JOHN A. JOHNSON'S ADDITION--6301 WAYZATA BLVD. 2701840005B 27053C0351F 09/18/2003 LOMA 03-05-4680A 7448 WEST 16TH STREET 2701840005B 27053C0353F 09/25/2003 LOMA 03-05-4634A LOT 1, BLOCK 1, ASPENWOOD--2357 PARKWOODS ROAD 2701840005B 27053C0354F 10/14/2003 LOMA 03-05-2644A LOTS 8, 9, 17 & 18, BLOCK 3, BARRETT'S ADDN. TO MINNEAPOLIS--2745 NATCHEZ AVE. S 2701840005B 27053C0354F 11/17/2003 LOMA 04-05-4054A LOT 2, BLOCK 1, LAMPLIGHTER PARK TOWNHOMES--7607 WEST 14TH STREET 27053C0334E 27053C0334F 11/24/2004 LOMA 05-05-0585A WEST LYNN SUBDIV, LOT 3 -- 8600 WEST 29TH STREET 27053C0334E 27053C0334F 12/06/2004 LOMR-F 05-05-0695A WOLFE LAKE PROFESSIONAL CENTER, BLOCK 1, LOT 1 -- 5000 & 5040 WEST 36TH STREET 27053C0354E 27053C0354F 12/16/2004 LOMR-F 05-05-0760A VERNON OAKS, BLOCK 1, LOT 2 -- 2559 VERNON AVENUE 27053C0353E 27053C0353F 02/01/2005 LOMA 05-05-0617A TRACTS A AND B, REGISTERED SURVEY NO. 217--3430 SUNSET RIDGE ROAD 27053C0334E 27053C0334F 02/02/2005 LOMA 05-05-1523A ISENSEE'S ADDITION, BLOCK 1, LOT 3 -- 3310 HILLSBORO AVENUE SOUTH 27053C0334E 27053C0334F 03/16/2005 LOMA 05-05-1285A MINIKAHDA OAKS, BLOCK 2, LOT 11 -- 3336 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 03/16/2005 LOMA 05-05-1276A ARETZ 4TH ADDITION, BLOCK 2, LOT 12 -- 2466 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 03/21/2005 LOMA 05-05-1235A ARETZ 4TH ADDITION, BLOCK 2, LOT 10 -- 2454 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 05/12/2005 LOMA 05-05-3405A PRINCETON COURT TOWNHOMES 27053C0354E 27053C0354F 06/29/2005 LOMA 05-05-3630A MINIKAHDA OAKS SUBDIV, BLOCK 1, LOTS 3 & 4 -- 4121 RANDALL AVENUE SOUTH 27053C0354E 27053C0354F 07/19/2005 LOMA 05-05-3981A MINNEHAHA GABLES ANNEX, BLOCK 1, LOT 13 -- 3307 DECATUR LANE 27053C0334E 27053C0334F 08/11/2005 LOMR-F 05-05-2838A SUNGATE ADDITION, BLOCK 1, LOTS 1-100 27053C0353E 27053C0353F 08/18/2005 LOMA 05-05-4255A HILLSBORO OAKS SUBDIV, BLOCK 1, LOT 2 -- 3148 HILLSBORO AVENUE SOUTH 27053C0334E 27053C0334F 10/11/2005 Page 3 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 34 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 06-05-0103A PURE'S KNOLLWOOD ADDITION, BLOCK 1 , LOT 1 -- 8510 & 8530 STATE HIGHWAY NO. 7 27053C0342E 27053C0342F 11/22/2005 LOMA 06-05-0844A BROOKSIDE 2ND DIVISION, BLOCK 3, LOT 1 -- 6200 MEADOWBROOK BLVD 27053C0361E 27053C0361F 01/24/2006 LOMR-F 05-05-3593A HOMES OF VERNON OAKS SUBDIV 27053C0353E 27053C0353F 01/31/2006 LOMA 06-05-0995A CEDARWOOD 2ND ADDITION, BLOCK 1, LOT 12 -- 4320 WEST 25TH STREET 27053C0354E 27053C0354F 04/04/2006 LOMA 06-05-B743A Sungate ONe, BLOCK 1, LOT 1 -- 2559 ALABAMA AVENUE SOUTH (MN) 27053C0353E 27053C0353F 04/04/2006 LOMA 06-05-BC46A WEST LYNN 2ND ADDITION, BLOCK 1, LOT 4 -- 2801 AQUILA AVENUE SOUTH (MN) 27053C0334E 27053C0334F 04/18/2006 LOMA 06-05-BN92A OTTERLEI ADDITION, BLOCK 1, LOT 1 -- 6980 OXFORD STREET (MN) 27053C0361E 27053C0361F 08/02/2006 LOMA 07-05-1295A EATON'S 2ND & 3RD ADDITIONS, BLOCK 1, VARIOUS LOTS -- 25 1/2 STREET WEST 27053C0353E 27053C0353F 02/06/2007 LOMA 07-05-2635A WEST LYNN SECOND ADDITION, BLOCK 1, LOT 2 -- 2745 AQUILA AVENUE SOUTH (MN) 27053C0334E 27053C0334F 03/06/2007 LOMA 07-05-4048A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 10 -- 8906 MINNEHAHA CIRCLE NORTH (MN) 27053C0334E 27053C0334F 05/29/2007 LOMA 07-05-4109A MINIKAHDA OAKS, BLOCK 2, LOT 7 -- 3320 HUNTINGTON AVENUE SOUTH (MN) 27053C0354E 27053C0354F 05/29/2007 LOMA 07-05-3921A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 11 -- 8900 MINNEHAHA CIRCLE NORTH (MN) 27053C0334E 27053C0334F 07/17/2007 LOMA 07-05-5725A WEST LYNN, LOT 2 -- 8530 WEST 29TH STREET 27053C0334E 27053C0334F 09/11/2007 LOMA 08-05-0037A WESTWOOD VILLA CONDOMINIUMS -- 2200 NEVADA AVENUE SOUTH 27053C0353E 27053C0353F 10/23/2007 LOMA 07-05-6216A KNOLLWOOD COUNTRY CLUB, BLOCK 1, LOT 12 -- 8901 SOUTH MINNEHAHA CIRCLE 27053C0334E 27053C0334F 11/01/2007 LOMA 08-05-2987A CEDARWOOD SECOND ADDITION, BLOCK 1, LOT 14 -- 4400 WEST 25TH STREET 27053C0354E 27053C0354F 08/21/2008 LOMA 08-05-4801A MINNEHAHA GABLES 2ND ADDITION, BLOCK 1, LOT 13 -- 3235 FLAG AVENUE SOUTH 27053C0334E 27053C0334F 09/04/2008 LOMA 08-05-4594A Lot 11, Block 1, Cedarwood 2nd Addition Subdivision - 4310 West 25th Street 27053C0354E 27053C0354F 09/12/2008 Page 4 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 35 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 09-05-0051A CEDARWOOD 2ND ADDITION, BLOCK 6, LOT 4 -- 2510 MONTEREY AVENUE SOUTh 27053C0354E 27053C0354F 11/18/2008 LOMA 09-05-0041A LOU PARK ADDITION, BLOCK 1, LOTS 1 & 2 -- 6465 WAYZATA BOULEVARD 27053C0351E 27053C0351F 11/25/2008 LOMA 09-05-0466A COBBLECREST ADDITION, BLOCK 3, LOT 8 -- 8806 MINNETONKA BOULEVARD 27053C0334E 27053C0334F 11/25/2008 LOMR-F 09-05-0866A REGISTERED LAND SURVEY NO. 554, TRACTS A & B -- 7102 & 7104 LAKE STREET WEST 27053C0353E 27053C0353F 02/17/2009 LOMA 09-05-1470A LOTS 3-11, BLOCK 5, MINIKAHDA OAKS & PORTION OF SECTION 6, T28N, R24W 27053C0354E 27053C0354F 02/24/2009 LOMA 09-05-1956A WESTWOOD ESTATES 4TH ADDITION, LOT 3 & PORTION OF LOT 4, BLOCK 1 -- 8323 FRANKLIN AVENUE WEST 27053C0334E 27053C0334F 03/17/2009 LOMA 09-05-2604A CEDARWOOD 2ND ADDITION, BLOCK 6, LOT 6 -- 4441 25TH STREET WEST 27053C0354E 27053C0354F 05/05/2009 LOMA 09-05-2343A 3332 HUNTINGTON AVENUE SOUTH -- LOT 10, BLOCK 2, MINIKAHDA OAKS 27053C0354E 27053C0354F 05/12/2009 LOMA 09-05-2819A PORTION OF SECTION 31, T29, R24 -- 4832 27TH STREET WEST 27053C0354E 27053C0354F 06/02/2009 LOMA 09-05-5867A SUNGATE ONE CONDOMINIUM, UNIT 2567 -- 2567 ALABAMA AVENUE 27053C0353E 27053C0353F 10/23/2009 LOMA 10-05-0898A LOT 3, BLOCK 6, CEDARWOOD 2ND ADDITION -- 2516 MONTEREY AVENUE SOUTH 27053C0354E 27053C0354F 01/07/2010 LOMA 10-05-0995A LOT 8, BLOCK 3, COBBLECREST ADDITION -- 8808 MINNETONKA BOULEVARD 27053C0334E 27053C0334F 01/08/2010 LOMA 10-05-2065A Lot 12, Block 1, Westwood Estates 2nd Addition Subdivision - 8806 Westmoreland Lane 27053C0334E 27053C0334F 01/26/2010 LOMR-F 10-05-1205A LOTS 1-11, SUNSET RIDGE BUSINESS PARK -- CEDAR LAKE ROAD 27053C0353E 27053C0353F 02/09/2010 LOMA 10-05-1847A LOT 4, BLOCK 1, RIDGE ADDITION -- 2460 HIGHWAY 100 SOUTH 27053C0353E 27053C0353F 03/04/2010 LOMA 10-05-2894A LOT 2, BLOCK 1, TEXA-TONKA 3RD ADDITION -- 2845 WYOMING AVENUE SOUTH 27053C0334E 27053C0334F 03/30/2010 LOMA 10-05-4949A LOT 1, BLOCK 1, FARRS SUNSET RIDGE -- 2030 RIDGE DRIVE 27053C0353E 27053C0353F 08/06/2010 LOMA 10-05-5163A LOT 1, BLOCK 1, WESTWOOD ESTATES 4TH ADDITION -- 833 FRANKLIN AVENUE WEST 27053C0334E 27053C0334F 08/20/2010 Page 5 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 36 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 10-05-4952A LOT 1, BLOCK 1, FARRS SUNSET RIDGE -- 2010 RIDGE DRIVE 27053C0353E 27053C0353F 10/05/2010 LOMA 11-05-6021A Lot 1, Block 1, Mill City Addition Subdivision - 7201 Walker Street 27053C0353E 27053C0353F 06/14/2011 LOMA 11-05-6299A LOT 3, BLOCK 2, MINNEHAHA GABLES ANNEX -- 8911 WEST 34TH STREET 27053C0334E 27053C0334F 07/14/2011 LOMA 11-05-7369A Lot 4, Block 2, Aretz 4th Addition Subdivision - 2410 Gettysburg Avenue South 27053C0334E 27053C0334F 07/19/2011 LOMA 11-05-6922A LOT 1, BLOCK 1, RORBACH'S ADDITION -- 6401 WAYZATA BOULEVARD 27053C0351E 27053C0351F 08/04/2011 LOMA 11-05-8103A Lot 1 & 2, Block 9, Thorpe Bros Cedar Lake Heights Subdivision - 2530 Monterey Avenue 27053C0354E 27053C0354F 08/31/2011 LOMA 12-05-0913A LOT 7, BLOCK 1, ASPENWOOD, 2309 PARKWOODS ROAD 27053C0354E 27053C0354F 11/29/2011 LOMA 12-05-6388A APARTMENT OWNERSHIP NO. 41 GREENSBORO CONDOMINIUMS, APTS. 203-210 -- FRANKLIN AVENUE WEST 27053C0353E 27053C0353F 08/30/2012 LOMA 12-05-9563A ASPENWOOD, BLOCK 1, LOT 2 -- 2349 PARKWOODS ROAD 27053C0354E 27053C0354F 11/01/2012 LOMA 13-05-0379A MONTEREY ADDITION, BLOCK 1, LOT 3 -- 2732 MONTEREY AVENUE SOUTH 27053C0354E 27053C0354F 11/15/2012 LOMA 13-05-2511A A PORTION OF BLOCK 4, BROOKSIDE SECOND DIVISION -- 6312 MEADOWBROOK BOULEVARD 27053C0361E 27053C0361F 02/26/2013 LOMA 13-05-3639A GREENSBORO CONDOMINIUMS -- 7335, 7339, 7343, 7347, 7351, 7403, 7407 & 7411 FRANKLIN AVENUE WEST 27053C0353E 27053C0353F 04/23/2013 LOMA 13-05-6856A LOT 3, BLOCK 1, ASPENWOOD -- 2341 PARKWOODS ROAD 27053C0354E 27053C0354F 07/23/2013 LOMA 13-05-7841A BROOKSIDE SECOND DIVISION, BLOCK 2, LOT 7 -- 4255 MEADOWBROOK BOULEVARD 27053C0361E 27053C0361F 08/30/2013 LOMA 14-05-1896A LOT 6 & A PORTION OF LOT 5, BLOCK 2, MINIKAHDA OAKS -- 3316 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 12/31/2013 LOMA 14-05-2673A ARETZ 4TH ADDITION, BLOCK 2, LOT 8 -- 2442 GETTYSBURG AVENUE SOUTH 27053C0334E 27053C0334F 01/30/2014 LOMA 14-05-2136A LOT 8, BLOCK 1, ASPENWOOD -- 2301 PARKWOODS ROAD 27053C0354E 27053C0354F 03/13/2014 LOMA 14-05-4470A LOT 5, BLOCK 1, WEST LYNN SECOND ADDITION --- 2811 AQUILA AVENUE SOUTH 27053C0334E 27053C0334F 03/25/2014 Page 6 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 37 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF LOMC Case No. Date Issued Project Identifier Old Panel New Panel LOMA 14-05-4724A Lot 29, Block 1, Minnehaha Gables Annex Subdivision - 9018 34th Street West 27053C0334E 27053C0334F 04/03/2014 LOMA 14-05-7709A Lot 2, Block 1, Westwood Estates 4th Addition Subdivision - 8329 Franklin Avenue West 27053C0334E 27053C0334F 07/14/2014 LOMA 14-05-7782A PART OF LOTS 4, 5, 7 & 8, BLOCK 2, WEST LYNN 2ND ADDITION -- 8510 29TH STREET WEST 27053C0334E 27053C0334F 07/22/2014 LOMA 14-05-7978A Lot A, Registered Land Survey No. 154 Subdivision - 8610 29th Street West 27053C0334E 27053C0334F 07/23/2014 LOMA 15-05-0623A Lot 5, Block 6, Cedarwood Second Addition Subdivision - 2506 Monterey Avenue South 27053C0354E 27053C0354F 11/03/2014 LOMA 15-05-2636A WEST LYNN SECOND ADDITION, BLOCK 1, LOT 1 -- 2739 AQUILA AVENUE 27053C0334E 27053C0334F 03/10/2015 LOMA 15-05-3433A NOVARTIS ADDITION, BLOCK 1, PORTION OF LOT 1 -- 5320 23RD STREET WEST 27053C0353E 27053C0353F 04/16/2015 LOMA 15-05-3949A MINIKAHDA OAKS, BLOCK 2, LOTS 8 AND 9 -- 3330 HUNTINGTON AVENUE SOUTH 27053C0354E 27053C0354F 06/18/2015 LOMA 15-05-6728A Lot 4 - 5, Block 1, Westwood Estates 4th Addition Subdivision - 8317 Franklin Avenue West 27053C0334E 27053C0334F 08/25/2015 LOMA 15-05-7395A CEDARWOOD SECOND ADDITION, BLOCK 1, LOT 13 -- 4330 WEST 25TH STREET 27053C0354E 27053C0354F 11/16/2015 LOMA 16-05-2864A SECTION 5, T117, R21 -- 6661 WAYZATA BOULEVARD 27053C0351E 27053C0351F 04/01/2016 3. LOMCs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM becomes effective. LOMC Case No. Date Issued Project Identifier Reason Determination Will be Superseded LOMR 07-05-4704P PARK NICOLLET LOMR (MN) 09/28/2007 4 1. Insufficient information available to make a determination. 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic information. Page 7 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 38 FINAL SUMMARY OF MAP ACTIONS Community: SOMA-2 Community No: 270184 ST. LOUIS PARK, CITY OF 4. LOMCs To Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and issue a new determination for the affected properties after the effective date of the revised FIRM. LOMC Case No. Date Issued Old Panel New Panel Project Identifier NO CASES RECORDED Page 8 of 8 4/21/2016 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 39 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 40 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 41 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 42 City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 43 ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DNR Floodplain Program office when completed. 1. _______________ Date(s) of published hearing notice. _______________ 2. _______________ Date(s) of public hearing. _______________ 3._______________ Date of ordinance adoption. Include 1 certified copy of the adopted ordinance text in its entirety including the signature of the chief elected official and the stamped seal of the community. 4._______________ Date of newspaper publication of adopted ordinance. Include 1 copy of affidavit of publication of the adopted ordinance. Publication of an ordinance summary is acceptable by statute. 5. _______________ Date of official filing of adopted ordinance with County Recorder (______ record book number and ______ page number). If filing of an adopted ordinance with the county auditor is not a standard practice, please indicate “N/A.” 6. _______________ Board of Adjustment/Appeals has been established (yes or no). Note: Cities under charter must also submit a list of any additional requirements for hearings, notices, etc. stated in their charter and not required by statute. Please specify: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________ Signature of Clerk/Auditor City Council Meeting of September 19, 2016 (Item No. 4d) Title: Floodplain District Zoning Ordinance and Zoning Map Amendments Page 44 Meeting: City Council Meeting Date: September 19, 2016 Consent Agenda Item: 4e EXECUTIVE SUMMARY TITLE: Appoint Additional Election Judges for the 2016 General Election RECOMMENDED ACTION: Motion to adopt a resolution appointing additional Election Judges needed to staff the polls at the General Election to be held November 8, 2016. POLICY CONSIDERATION: None. SUMMARY: On June 20, 2016, Council adopted Resolution No. 16-075 appointing 199 judges for the Primary and General Elections of 2016. Since that time, several new judges have been recruited to serve at the polling places on Election Day, and those names are being presented for approval with this resolution. The total number of Election Judges serving for the General Election is 236. In addition, the City Clerk’s Office is working with the staff from St. Louis Park and Benilde-St. Margaret’s High Schools to recruit Student Judges. In an effort to accommodate judges unable to work the entire 15-18 hour day, many of our judges will be working in half-day shifts. Once again, the Clerk’s Office will provide additional training for all Election Judges on the new Electronic Poll Books, which were successfully implemented at the Primary Election. All appointed Election Judges will be required to attend two training sessions – one equipment training and one forms & procedures training. The City Clerk’s Office will offer these sessions in September and October. Also, two informative open houses for the public regarding the Electronic Poll Books have been scheduled September 15 from 1-7 p.m. and September 22 from 1-7 p.m. We are expecting a record voter turnout, and every effort is being made to ensure excellent service to our voters. The number of voters already registered in St. Louis Park is 30,000+, and we are expecting many more to register at the polls on Election Day. FINANCIAL OR BUDGET CONSIDERATION: Election expenses for judges are included in the adopted 2016 Budget. Election Judge hourly pay is as follows: $9.50 for regular Election Judges, $10 for Absentee Ballot Judges; $10 for Co-Chair Judges; $11 Chair Judges; $8.50 for Student Judges. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Resolution Prepared by: Kay Midura – Assistant – City Clerk’s Office Reviewed by: Melissa Kennedy, City Clerk Approved by: Tom Harmening, City Manager City Council Meeting of September 19, 2016 (Item No. 4e) Page 2 Title: Appointing Additional Election Judges for the 2016 General Election RESOLUTION NO. 16-______ RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES TO SERVE AT THE GENERAL ELECTION ON NOVEMBER 8, 2016 WHEREAS, The 2016 General Election is to be held on November 8, 2016 and the City must act to appoint judges of the election by resolution of the City Council; and WHEREAS, Resolution No. 16-075 was adopted on June 20, 2016; and WHEREAS, Additional judges have been recruited to staff the polls on Election Day or to serve on the Absentee Ballot Board: NOW THEREFORE BE IT RESOLVED that the following persons are hereby appointed as additional regular Election Judges. WARD 1 1-1, Beth El Synagogue Karmit Bulman Karla Dubey Brian Fiderlein 1-2, Peter Hobart Elementary School Sara Mutchler Margaret Rog Kate Rosengren Rich Thorne 1-3, City Hall Sandra Capra Gay Ann Ellingsberg Sharon Fuller 1-4, Central Community Center Todd Hendrickson Jami LaPray Robert Margolies David Miller Noah Sulzle WARD 2 2-5, Union Congregational Church Amy Bagne Jorge Garcia Leah Lamon Katie McElroy Marilyn McGonagle 2-6, St. Louis Park Rec Center Judy Cobb Katrina Mattson Lori Myers Martha Rice 2-7, Susan Lindgren Elementary School Mary Johnson Clara Quinn Phillip Smith 2-8, Aldersgate United Methodist Church Jane Flannigan Marguerite Krause Maureen Smith Wade Wiken WARD 3 3-9, Prince of Peace Lutheran Church Amy Bobence John Madson Susi Saxl 3-10, Lenox Community Center Susanne Adler Jo Gruenberg Jamie Hasz Robin Kirscher Sharon Lyon Rita Martinez 3-11, St. Louis Park Senior High School Kimberly Aune 3-12, Aquila Elementary School Jeanne Adams Bridget Gothberg Mary Kuhfeld Patricia Yannie WARD 4 4-13, Westwood Lutheran Church Rogene Bergquist Laura Butterbaugh Patricia Campbell Carl Johnson Sandra Johnson Denise Konen 4-14, Park Assembly Church James Brimeyer Sheila Desnick Cynthia Dyste Jennyfer Hildre Kathy McKay Kay Peltier Angela Ramsperger 4-15, Peace Presbyterian Church Priscilla Bue Helen Desens Maija Jaaska Elaine Rider Patricia Smith Tom Weaver 4-16, St. Louis Park Middle School Karen Blumenthal Patricia Bungert Patricia Davis Nancy Davis Anne Dhir Jill Doescher Duane Googins Cecile Javinsky Doug Jones Cherie Lemer Trina Levin Mary Jo Lochan Rochelle Lorenz Gail Miller Sara Moe Brian Nerheim Erik Rasmussen Rachel Scanlan Carolyne Turk Terry Warner Theresa Welcher Barbara Wilensky Roberta Wilensky Suzann Willhite Martha Feda Kirsten Kurtz Kathy Metcalf Alternate Election Judges BE IT FURTHER RESOLVED, that the City Clerk is with this, authorized to make any substitutions or additions as deemed necessary. Reviewed for Administration Adopted by the City Council September 19, 2016 City Manager Mayor Attest: City Clerk City Council Meeting of September 19, 2016 (Item No. 4e) Title: Appointing Additional Election Judges for the 2016 General Election Page 3 Meeting: City Council Meeting Date: September 19, 2016 Consent Agenda Item: 4f EXECUTIVE SUMMARY TITLE: SWLRT – In-Kind Land Contribution and Updated Agreements for Locally Requested Capital Investments (LRCIs) RECOMMENDED ACTION:  Motion to Adopt Resolution to commit to transferring city property and easements to the Metropolitan Council for the SWLRT Project.  Motion to Approve Three Subordinate Funding Agreements for LRCI design costs. POLICY CONSIDERATION: Does the City Council wish to commit to contributing public land to the SWLRT project? Does the City Council wish to fund the design costs for upgrading some of the bridge railings and lighting elements for SWLRT? Does the City Council wish to amend the agreements for existing LRCIs for the increased design costs? SUMMARY: Three items are before the City Council for consideration; these items were the subject of a report on the September 12th City Council Study Session: 1. A Resolution to commit to transferring city property and easements to the Metropolitan Council for the SWLRT Project. This property provides access to a substation for powering the light rail. 2. Subordinate Funding Agreement (SFA) with the Metropolitan Council for a new LRCI to upgrade the railings and add bollard lighting on the Beltline regional trail bridge, and for upgraded railings on the Louisiana bridges. 3. Amendments to two existing SFAs for LRCIs: (1) Beltline and CSAH 25 Intersection (2) Louisiana Area Trail. These amendments to the existing agreements are requested to reflect actual design costs that were initially based on estimates. FINANCIAL OR BUDGET CONSIDERATION: St. Louis Park would transfer property to the Metropolitan Council as an “in-kind” contribution. The City would fund up to $24,649 for design services for the new LRCI for the bridge upgrades, and approximately $10,048 for design for existing LRCIs. Commitment for the actual construction costs will be determined in 2017 by additional agreements that will come before the Council. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Resolution Supporting In-Kind Land Contribution Map of In-Kind Land Parcels Subordinate Funding Agreement (SFA) for Bridge Upgrades Drawings of Bridge Upgrades SFAs for Beltline/CSAH 25 Intersection and Louisiana Trail Prepared by: Meg J. McMonigal, Principal Planner Reviewed by: Michele Schnitker, Housing Supervisor/Deputy Community Dev. Director Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager City Council Meeting of September 19, 2016 (Item No. 4f) Page 2 Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs DISCUSSION BACKGROUND: Over the past two years or so the City has discussed and agreed to fund several items related to SWLRT. Some of these items are “Locally Requested Capital Investments” (LRCIs) and are shown in the table below. In-Kind Land Contribution The attached resolution asks the City to commit to transferring property rights of the City land at the water tower site at Park Glen Road to the Metropolitan Council for the SWLRT Project. This property is shown on the attached drawing. The permanent land donation is for 1,042 square feet of land. The easements include a 13,242 temporary easement and a 10,937 driveway easement. This property will be used to access and service the Traction Power Sub-Station (TPSS) in this area. The TPSS powers the light rail operations. LRCIs New LRCI for Upgraded Bridge Design Elements On April 25, 2016, the City Council discussed upgrading the railings and adding bollard lighting on the Beltline regional trail bridge (see attached drawings) and upgraded railings on the Louisiana trail bridge and the south side of the LRT bridge. Council directed Staff to pursue those improvements. A new Subordinate Funding Agreement (SFA) for the cost of designing these improvements, $24,649, is attached for Council consideration. Existing LRCIs Xenwood Underpass – Staff requested the Southwest Project Office (SPO) suspend work on the Xenwood Underpass LRCI last spring. Beltline and CSAH 25 Intersection LRCI (32) and Louisiana Area Trail (33) - SPO has requested amendments to the existing agreements for the Beltline/CSAH 25 Intersection and the Louisiana Area Trail LRCIs to reflect increased design costs that were initially based on estimates. The amended agreements are attached for Council consideration. With the suspension of the Xenwood Underpass, the overall change in cost expected is an increase of approximately $10,048. Approving these agreements does not commit the City to construction; additional agreements will be considered in the future. EXISTING LRCIs CHANGES IN DESIGN COSTS Xenwood Underpass - $29,952 Beltline and CSAH 25 Intersection + $7,000 Louisiana Area Trail + $33,000 NET COST + $10,048 NEW LRCI + $24,649 TOTAL ADDITIONAL COSTS + $34,697 City Council Meeting of September 19, 2016 (Item No. 4f) Page 3 Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs SWLRT Locally Requested Capital Investments Project Design Cost Status Xenwood Underpass – #17 In Spring 2016 Council determined this project should be suspended due to its costs versus benefits Original $382,607 Remaining $29,952 Suspend design Beltline/25 intersection – #32 This project includes intersection improvements, including adding a west-bound to south turn lane, realignment of lanes, etc. Original $126,943 Additional needed $7,000 Amend SFA 9-19-16 Louisiana area trail – #33 A new trail on the south side of the rail/trail corridor extending from the Louisiana LRT Station to Brunswick Original $68,617 Additional needed $33,000 Amend SFA 9-19-16 Beltline trail bridge and Louisiana bridge Upgraded railings and bollard lighting on the Beltline Trail bridge and upgraded railings on the Louisiana bridges New $24,649 New SFA 9-19-16 RESOLUTION NO. RESOLUTION SUPPORTING IN-KIND LAND CONTRIBUTION BY THE CITY OF ST. LOUIS PARK TO THE SOUTHWEST LIGHT RAIL TRANSIT PROJECT (METRO GREEN LINE EXTENSION) WHEREAS, the City of St. Louis Park (City) has been working with the Metropolitan Council, host cities, public agencies and public transit funders in planning for the Southwest Light Rail Transit Project (Project); and WHEREAS, the Project is an approximately 14.4 mile extension of the METRO Green Line, which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins, Minnetonka, and Eden Prairie; and WHEREAS, the Metropolitan Council, as part of its Project planning and design responsibilities, must identify properties and right-of-way that may be part of the Project and ultimately must attain certain property interests for the construction and operation of the Project; and WHEREAS, on July 8, 2015, the Metropolitan Council adopted a revised proposed Project scope that identifies right-of-way currently owned by the City of St. Louis Park (City) as a component of the proposed Project; and WHEREAS, the Federal Transit Administration signed the Record of Decision on July 15, 2016, determining that the requirements of the National Environmental Policy Act of 1969 (NEPA) have been satisfied. On August 10, 2016, the Council determined the Final EIS for Project is adequate, concluding the state environmental review process for the Project under Minnesota Rules chapter 4410; and WHEREAS, the Project has identified land owned by the City to be used as an In-Kind Land contribution per 49 CFR 18.24(f). This land is located at the St. Louis Park water tower site, west of Park Glen Road (shown on the attached exhibit) and is valued at $64,450. WHEREAS, the City, our residents, businesses, and workers would benefit from the Project as it could provide an attractive transportation option for residents and workers, and increase redevelopment opportunities which could strengthening the City’s tax base; and WHEREAS, the City wishes to assist the Metropolitan Council in its preparation of appropriate Project budget documents for its pursuit of federal funding for the Project, and thereby to the extent required, wishes to transfer the referenced property rights of the City to the Metropolitan Council. NOW, THEREFORE BE IT RESOLVED, that after appropriate examination and due consideration, the governing body of the City of St. Louis Park herby commits to transfer property rights of the City land at the St. Louis Park water tower side west of Park Glen (shown on the attached exhibit) to the Metropolitan Council for the Project with no budget outlay of Project funds from the Metropolitan Council to the City, consistent with applicable law. The City will addre ss City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 4 the terms and conditions of this transfer of City land in one or more subsequent City resolutions, other required government actions, and appropriate agreement whereby the Metropolitan Council accepts transfer to it by the City and all obligations and encumbrances relating thereto. Reviewed for Administration: Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 5 City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 6   AGR_14I061H_SLP_SFA8_New Scope LRCI Design_rev01 00_20160902_to SLP Page 1 of 4   Reference Numbers: SWLRT Project: 61001 Metropolitan Council: 14I061H City of St. Louis Park: ___________ PROJECT: SOUTHWEST LIGHT RAIL TRANSIT PROJECT   MASTER AGREEMENT: Master Funding Agreement – City of St. Louis Park   PARTIES TO AGREEMENT:  Metropolitan Council (“Council”)  City of St. Louis Park (“City”) SUBORDINATE FUNDING AGREEMENT City of St. Louis Park - SFA 08 (New Scope LRCI Design) This Subordinate Funding Agreement (“SFA”) with the City of St. Louis Park-08 is entered into by and between the above named Parties. WHEREAS:   1. The Parties entered into a Southwest Light Rail Transit Project (“Project”) Master Funding Agreement (“MFA”), effective February 3, 2015. The Parties subsequently amended the Master Funding Agreement (“MFA”) on November 17, 2015.   2. The Parties provided in the MFA that certain aspects of funding for the Project or components related to but not part of the Project would be determined in subsequent SFAs.   3. The Parties desire to enter into this SFA to transfer City funds to reimburse the cost for Council activities for professional services and the Council’s administrative fee to produce design plans, and develop engineer’s construction cost estimates for proposed new scope components related to, but not part of the Project referred to as Locally Requested Capital Investments (“New Scope LRCI’s”). 4. The Parties acknowledge that the planning of the Project will require numerous federal, state and local processes, approvals and funding commitments. The processes for the Project are ongoing and the Project is subject to change to address those processes. The outcomes of those processes may affect whether the components requested in this SFA will ultimately be constructed.    City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 7   Page 2 of 4   NOW, THEREFORE, in reliance on the statements in these recitals, the Parties hereby agree as follows:   1. Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $24,649 unless authorized in a subsequent agreement or an amendment to this SFA.   2. Project Budget. The budget for the Council’s activities described in this SFA is provided as Exhibit A. City funds provided for this SFA may only be used for reimbursing the Council’s costs for activities directly incurred within the described Specific Description of Funding Authorization and as detailed in the MFA. 3. Specific Description of Funding Authorization. The activities to be performed by the Council and reimbursed by the City include the development of design plans and engineer’s construction cost estimates for various New Scope LRCIs identified in Exhibit A. If authorized by the City, the new scope LRCIs are anticipated to be constructed by the Project. The Council will incorporate the design plans for the New Scope LRCIs in the proposed Project construction bid documents if: a) the environmental review of the Project allows for construction; and b) the Project is permitted to proceed to construction. The construction specifications for the New Scope LRCIs will be incorporated in the overall specifications within the Project construction bid documents; no separate or standalone specifications will be created. At least one month prior to the Council opening the bids, the City is required to enter into subsequent SFAs authorizing the Council to construct specific LRCIs and reimburse the Council costs. Failure to enter into subsequent SFAs will result in the Council excluding or removing the specific LRCI from the bid documents through an addendum and ending any further obligation by the Council. The City acknowledges that the engineer’s construction cost estimates may not be completed in time to negotiate and execute an SFA authorizing construction of a New Scope LRCI prior to the bid opening; if the City chooses to authorize construction through an SFA, the cost of the New Scope LRCI would be determined through a change order. 4. Property Acquisition. It is not anticipated that property rights will need to be acquired to construct the proposed New Scope LRCIs. However, if acquisition of property rights are needed to construct any of the New Scope LRCIs a subsequent agreement must address property access, acquisition, disposition, and other real property matters needed for the New Scope LRCI, beyond what is required to construct the Project. 5. Project Activity Periods. The project activity period for the purposes of this SFA shall be effective upon execution and shall terminate on the date all costs under this SFA have been reimbursed, unless terminated earlier consistent with the terms of the MFA. 6. No Guarantee of Construction. This SFA describes terms requiring the City to reimburse the Council’s cost for design activities associated with the New Scope LRCIs. It does not guarantee that any of the New Scope LRCIs will be constructed. The City and the Council acknowledge that nothing in this Agreement shall require the Council to take any action or make any decision that City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 8   Page 3 of 4 will prejudice or compromise any review or decision-making processes required under state and federal environmental review laws, regulations or rules. The Parties intend this Agreement to be interpreted consistent with statutory and other legal authorities, including but not limited to the Minnesota Environmental Policy Act and the National Environmental Policy Act. The Parties agree that this SFA does not limit the alternatives or mitigative measures that the Council may undertake in the development and construction of the Project. The Council retains the right to make decisions and necessary approvals associated with Project requirements. 7. Incorporation. The terms, conditions, and definitions of the MFA are expressly incorporated into this SFA. CITY OF ST. LOUIS PARK METROPOLITAN COUNCIL By: By: Its: Its: Date: Date: By: Its: Date: City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 9   Page 4 of 4 Exhibit A SFA Budget - New Scope LRCIs Item Scope Cost1 Professional Services Upgraded Railing Upgraded railing on the Beltline pedestrian bridge and approach walls $12,586 Lighting Bollard type lighting on the Beltline pedestrian bridge $6,180 Upgraded Railing Upgraded railing on Louisiana Trail Bridge and LRT Bridge $5,883 Maximum Amount of Authorized Funding $24,649 1Estimated cost includes the Council’s 3% contract administration fee City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 10 1 2 3/4 5 6 1BContext Map City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 11 Birdseye View - Improved Design 1B City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 12 1BBeltline Blvd View - Base Design 2A City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 13 1B1st Floor Development View - Improved Design 3B City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 14 1B4th Floor Development View - Improved Design 4B City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 15 1ATrail View - Base Design 5A City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 16 1BTrail View - Improved Design 5B City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 17 1BNight View - Base Design 6A City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 18 1BNight View - Improved Design 6B City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 19 AMENDMENT NUMBER ONE to Metropolitan Council Contract No. 14I061D Subordinate Funding Agreement – 04 (Beltline/CSAH 25 Intersection Improvements) The City of St. Louis Park, MN, (“City”) and the Metropolitan Council (“Council”) agree that the Subordinate Funding Agreement (“SFA”) number 04, effective as of February 3, 2015, related to design of Beltline/CSAH 25 Intersection Improvements, is amended in the following particulars: 1. Maximum Amount of Authorized Funding is deleted and the following is inserted in its place: Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $133,943 unless authorized in a subsequent agreement or an amendment to this SFA. 2. Description of Activities is deleted and the following is inserted in its place: Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans and an engineer’s construction cost estimate, and completing required federal, state, and local environmental documentation for circulation and access improvements at Beltline Boulevard and CSAH 25 (“Beltline/CSAH 25 Improvements”). See Exhibit B for a general depiction and location of the Beltline/CSAH 25 Improvements. If authorized by the City, the Beltline/CSAH 25 Improvements are anticipated to be constructed by the Project and includes new pedestrian improvements and traffic signal reconstruction at CSAH 25 and Beltline Blvd, extending a left turn lane on CSAH 25, new 10 foot trail along CSAH 25 between Beltline Blvd and Lynn Ave, extending widening of Beltline Blvd for bike lanes from CSAH 25 to Park Glen, and a portion of new sidewalk on Beltline Blvd. The Council will incorporate the design plans for the Beltline/CSAH 25 Improvements in the proposed Project construction bid documents if: a) the environmental review of the Project allows for construction; and b) the Project is permitted to proceed to construction. The construction specifications for the Beltline/CSAH 25 Improvements will be incorporated in the overall specifications within the Project construction bid documents; no separate or standalone specifications will be created. At least one month prior to the Council opening the bids, the City is required to enter into a subsequent SFAs authorizing the Council to construct the Beltline/CSAH 25 Improvements and reimburse the Council costs. Failure to enter into a subsequent SFA will result in the Council excluding or removing the Beltline/CSAH 25 Improvements City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 20 from the bid documents through an addendum and ending any further obligation by the Council. The City acknowledges that the engineer’s construction cost estimate may not be completed in time to negotiate and execute an SFA authorizing construction of the Beltline/CSAH 25 Improvements prior to the bid opening; if the City chooses to authorize construction through an SFA, the cost of the Beltline/CSAH 25 Improvements would be determined through a change order. 3. Exhibit A is amended by substituting the attached version of Exhibit A. IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized officials as of the dates indicated below. The individuals executing this amendment represent and warrant that they are authorized to execute this amendment on behalf of their respective organizations. CITY OF ST. LOUIS PARK By: _________________________ Its: Mayor Date: _______________________ By: _________________________ Its: City Manager Date: _______________________ Attest: City Clerk: _______________________ METROPOLITAN COUNCIL By: _________________________ Printed Name: Title: Date: _______________________ City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 21 Exhibit A SFA Budget - Beltline/CSAH 25 Improvements Item Cost Professional Services Design Cost $92,504 Environmental Documentation Cost1 30,742 Professional Services Subtotal $123,246 Administrative Fee (3% of Professional Services) 3,697 Original SFA Sub-Total $126,943 Additional Design Cost & 3% Administrative Fee $7,000 Amended Maximum Amount of Authorized Funding $133,943 City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 22 AMENDMENT NUMBER ONE to Metropolitan Council Contract No. 14I061E Subordinate Funding Agreement – 05 (Louisiana Station Trail) The City of St. Louis Park, MN, (“City”) and the Metropolitan Council (“Council”) agree that the Subordinate Funding Agreement (“SFA”) number 05, effective as of April 1, 2015, related to design of Louisiana Station Trail, is amended in the following particulars: 1. Maximum Amount of Authorized Funding is deleted and the following is inserted in its place: Maximum Amount of Authorized Funding. The cost for the Council’s professional services and administration activities authorized by this SFA shall not exceed $101,617 unless authorized in a subsequent agreement or an amendment to this SFA. 2. Description of Activities is deleted and the following is inserted in its place: Description of Activities. The activities to be performed by the Council and reimbursed by the City includes the development of design plans, completing required federal, state, and local environmental documentation and a construction cost estimate for a pedestrian/bicycle trail along Oxford Street from the proposed Louisiana Station park & ride and eastward along the proposed Project alignment and terminating at the intersection of Railroad Ave. and Brunswick Ave. South (“Louisiana Station Trail”). See Exhibit B for a general depiction and location of the Louisiana Station Trail. If authorized by the City, the Louisiana Station Trail is anticipated to be constructed by the Project and includes excavation, pavement, drainage, fencing, and design adjustments of the Southern Connector Bridge, as well as retaining walls and interface with noise barrier along the Project alignment, and adjustment of the signal bungalow west of Brunswick Avenue. The Council will incorporate the design plans for the Louisiana Station Trail in the proposed Project construction bid documents if: a) the environmental review of the Project allows for construction; and b) the Project is permitted to proceed to construction. The construction specifications for the Louisiana Station Trail will be incorporated in the overall specifications within the Project construction bid documents; no separate or standalone specifications will be created. At least one month prior to the Council opening the bids, the City is required to enter into a subsequent SFAs authorizing the Council to construct the Louisiana Station Trail and reimburse the Council costs. Failure to enter into a subsequent SFA will result in the Council excluding or removing the Louisiana Station Trail from the bid documents through an addendum and ending any further obligation by the Council. The City City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 23 acknowledges that the engineer’s construction cost estimate may not be completed in time to negotiate and execute an SFA authorizing construction of the Louisiana Station Trail prior to the bid opening; if the City chooses to authorize construction through an SFA, the cost of the Louisiana Station Trail would be determined through a change order. 3. Exhibit A is amended by substituting the attached version of Exhibit A. IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized officials as of the dates indicated below. The individuals executing this amendment represent and warrant that they are authorized to execute this amendment on behalf of their respective organizations. CITY OF ST. LOUIS PARK By: _________________________ Its: Mayor Date: _______________________ By: _________________________ Its: City Manager Date: _______________________ Attest: City Clerk: _______________________ METROPOLITAN COUNCIL By: _________________________ Printed Name: Title: Date: _______________________ City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 24 Exhibit A SFA Budget - Louisiana Station Trail Item Cost Professional Services Design Cost $48,557 Environmental Documentation Cost1 18,061 Professional Services Subtotal $66,618 Administrative Fee (3% of Professional Services) 1,999 Original SFA Sub-Total $68,617 Additional Design Cost & 3% Administrative Fee $33,000 Amended Maximum Amount of Authorized Funding $101,617 City Council Meeting of September 19, 2016 (Item No. 4f) Title: SWLRT – In-Kind Land Contribution and Updated Agreements for LRCIs Page 25 Meeting: City Council Meeting Date: September 19, 2016 EXECUTIVE SUMMARY TITLE: Rezoning – Office Building Located at 8001 Highway 7 RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Ordinance amending the City of St. Louis Park Zoning Map to rezone property located at 8001 State Highway 7 from RC High-Density Multiple-Family Residence to O Office, and to approve the Summary Ordinance for publication. POLICY CONSIDERATION: Should the zoning map be amended to rezone the property to Office? SUMMARY: The subject property is improved with a multi-tenant office and guided for office use in the comprehensive plan. However, it is zoned R-C High-Density Multiple-Family Residence. The council approved the First Reading of the Ordinance on September 6, 2016. The council asked that another notice be mailed to the property owners and neighborhood leaders prior to the Second Reading. Staff mailed the notices on September 8, 2016. This was the third notice to the neighborhood. The neighborhood leader and ward council person received copies of all the notices. Information was also posted on the city website and Next Door. To date, staff received one call prior to the planning commission public hearing for additional information. The person did not express concern. A copy of the third notice is attached. Staff finds that the requested zoning map amendment is consistent with the policies of the Comprehensive Plan and the regulations of the zoning ordinance. The application was presented to the Planning Commission on August 3, 2016. No comments were received at the public hearing. The Planning Commission recommended approval. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Ordinance Summary Ordinance for Publication Excerpt of Planning Commission Minutes Aerial Photo Third Notice Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning & Zoning Supervisor Michele Schnitker, Housing Supervisor/Deputy CD Director Approved by: Tom Harmening, City Manager Consent Agenda Item: 4g City Council Meeting of September 19, 2016 (Item No. 4g) Page 2 Title: Rezoning – Office Building Located at 8001 Highway 7 DISCUSSION REQUEST: The applicant, 8001 Highway Seven, LLC, is the owner of the subject property. He applied to rezone the property to Office for the purpose of increasing the amount of signage the property is allowed. The property is currently zoned R-C High-Density Multiple-Family Residence, and as such is allowed only 80 square feet of sign area. If the property is rezoned to Office, it would be allowed 200 square feet of sign area. LOCATION: The property is located on the frontage road along the south side of Highway 7. Comprehensive Plan Land Use Designation: Office Zoning District: R-C High-Density Multiple-Family Current Land Use: Office Neighborhood: South Oak Hill City Council Meeting of September 19, 2016 (Item No. 4g) Page 3 Title: Rezoning – Office Building Located at 8001 Highway 7 BACKGROUND: The following provides a history of the zoning of the property. Recodification: In 1992, the city completed a recodification of the city code. One of the changes resulting from the recodification was elimination of the R-B Residential-Business zoning district. This district allowed a variety of commercial, office, and multiple-family residential uses. The R- B district was replaced with the R-C High-Density Multiple-Family zoning district, which is a multiple-family district, and does not allow commercial uses or new office uses. Due to the change in zoning districts, the zoning map was also amended. The subject property was previously zoned R-B, and was changed to R-C. Zoning Map Pre-1992 Zoning Map Effective 1992 Existing Conditions: The subject property is located on the south side of Highway 7. It is improved with a one-story, 6,400 square foot, multi-tenant office building that was constructed in 1989. View of subject property looking south from Highway 7/Texas Ave intersection. City Council Meeting of September 19, 2016 (Item No. 4g) Page 4 Title: Rezoning – Office Building Located at 8001 Highway 7 ANALYSIS: The following is an analysis of the rezoning request. Comprehensive Plan: The property is currently guided Office, so the comprehensive plan land use map does not need to be amended prior to rezoning the property to Office. The proposed zoning is consistent with the planned land use. Area Zoning: The zoning map below reflects the current zoning in the area. The property to the west is the Prince of Peace Evangelical Lutheran Church, and is zoned R-C. The properties to the south and east are single-family homes zoned R-2 Single-Family Residential. The property to the north is the Knollwood Mall, which is zoned C-2 General Commercial. Rezoning the subject property would result in the only property in the area zoned Office; however, the office use is consistent with the existing use of the property which has been in place since 1987, and is compatible with the General Commercial and Institutional use located to the north and west. The site is suitable for office development. It has excellent access and visibility to principal arterials (Hwy 7), nearby amenities and services. City Council Meeting of September 19, 2016 (Item No. 4g) Page 5 Title: Rezoning – Office Building Located at 8001 Highway 7 Permitted Uses: The table below illustrates the uses allowed in each district. The uses are either permitted, permitted with conditions, or conditional use. R-C High-Density Multiple-Family Residence Allowed in Both Districts O Office Permitted Uses: Hotel/motel Permitted uses: Rooming house Adult daycare Business trade school Office, existing before March 1, 1999 Hospital Printing process Group home Educational academic Studio Transit station Group care/nursery school Service Communication towers Banks Permitted with Conditions: Transit station Nursing home Library Permitted w/ Conditions: Community center Medical/dental office < or = classification 6 Multiple-family dwelling Convention hall Cluster housing Private entertainment w/o liquor Adult daycare Restaurant w/o liquor Group care/nursery school Retail Educational Parking lots/ramps Library Limited impact sexually oriented business Communication tower High impact sexually oriented business Office < or = classification 6 Conditional Use: Adult daycare Religious institution Group daycare/nursery school Hostel Hospital Elderly housing Library Hospital Museum Hotel/motel Conditional Use: Motor fuel station Places of assembly In-vehicle sales & service Private entertainment w/ liquor Restaurant w/ liquor Office > classification 6 Medical/dental > classification 6 City Council Meeting of September 19, 2016 (Item No. 4g) Page 6 Title: Rezoning – Office Building Located at 8001 Highway 7 District Dimensional Standards: The table below compares the dimensional standards allowed in both the R-C and O districts. Dimensional Standard R-C - High-Density Multiple-Family Residence O - Office Height Six-stories, 75 feet 150 feet, 240 feet with CUP Density 50 units per acre N/A Front Yard Greater of 30 feet or height of building Greater of 20 feet or height of building Side Yard 15 feet on one side, half the building height on the other 15 feet on one side, half the building height on the other Rear Yard Greater of 25 feet or height of the building 15 feet Floor Area Ratio 1.2 (31,798 square feet) 1.5 (39,747 square feet) While both districts allow multiple-story buildings and 50 units per acre density, the development potential of the property is limited by its small size. The property is only 26,498 square feet in area, just over half an acre. While the applicant is not intending to redevelop the property, it is conceivable that in either zoning district, the property could support a two-story building. Anything larger would be difficult to meet zoning regulations such as setbacks, DORA, landscaping, and parking. Signage: The applicant is proposing to rezone the property to Office for the purpose of constructing a monument sign that will increase the tenant’s visibility and exposure to traffic on Highway 7. Modifications to the building are not proposed at this time. Below is a comparison of signage allowed for the R-C and O districts. The regulations applicable to the subject property are highlighted in yellow for the existing and proposed zoning district. Use District &Lot Size (sq ft) Maximum Sign Height (feet) Maximum Total Area (sq ft) Maximum Size of Sign Face (sq ft) R-C 0 - 20,000 15 40 40 Over 20,000 15 80 60 O 0 - 20,000 25 100 100 20,000 - 50,000 25 200 100 50,000 - 100,000 25 300 150 Over 100,000 25 500 300 The rezoning to Office, would result in an increase of signage allowed from 80 square feet to 200 square feet. The increase is a measure of sign face area. This means that since the property owner wants to construct a two-sided monument sign, then both sides of the sign count toward the 200 square feet maximum allowed. The property has used up the 80 square feet of sign face area currently allowed. If rezoned to Office, the applicant would get an additional 120 square feet of signage (200 square feet minus the existing 80 square feet located on the building). The largest two-sided monument sign that could be built with the remaining 120 square feet is 60 square feet per side. This sign is in scale with the existing office building and other signs in the area. City Council Meeting of September 19, 2016 (Item No. 4g) Page 7 Title: Rezoning – Office Building Located at 8001 Highway 7 ORDINANCE NO.__________ AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE CHANGING BOUNDARIES OF ZONING DISTRICTS 8001 State Highway 7 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 16-29-Z). Section 2. The St. Louis Park Zoning Ordinance adopted December 28, 1959, Ordinance No. 730; amended December 31, 1992, Ordinance No. 1902-93, amended December 17, 2001, Ordinance No. 2216-01, as heretofore amended, is hereby further amended by changing the zoning district boundaries by reclassifying the following described lands from their existing land use district classification to the new land use district classification as indicated for the tract as hereinafter set forth, to wit: Lot 1, Block 1, Lone Star Addition, Hennepin County, Minnesota from RC High Density Multiple-Family Residence to O Office. The rezoning shall be extended to the centerline of adjacent public right-of-ways. Section 3. The contents of Planning Case File 16-29-Z are hereby entered into and made part of the public hearing record and the record of decision for this case. Section 4. This ordinance shall take effect fifteen days after its publication. Public Hearing August 3, 2016 First Reading September 6, 2016 Second Reading September 19, 2016 Date of Publication September 29, 2016 Date Ordinance takes effect October 14, 2016 Reviewed for Administration Adopted by the City Council on September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Approved as to Form and Execution: Melissa Kennedy, City Clerk Soren Mattick, City Attorney City Council Meeting of September 19, 2016 (Item No. 4g) Page 8 Title: Rezoning – Office Building Located at 8001 Highway 7 SUMMARY FOR PUBLICATION ORDINANCE NO._____ AN ORDINANCE AMENDING ZONING MAP This ordinance states that property located at 8001 State Highway 7 will be rezoned from RC High-Density Multiple-Family Residence to O Office. This ordinance shall take effect 15 days after publication. Adopted by the City Council September 19, 2016 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: September 29, 2016 City Council Meeting of September 19, 2016 (Item No. 4g) Page 9 Title: Rezoning – Office Building Located at 8001 Highway 7 EXCERPT OF OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA AUGUST 3, 2016 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Torrey Kanne, Richard Person, Carl Robertson MEMBERS ABSENT: Claudia Johnston-Madison, Lisa Peilen, Joe Tatalovich Ethan Rickert (youth member) 3. Public Hearings A. Rezoning from High Density Multifamily Residence to Office Location: 8001 State Highway 7 Applicant: 8001 Highway Seven, LLC (Steven Thiel) Case No.: 16-29-Z Gary Morrison, Assistant Zoning Administrator, presented the staff report. The application has been made to rezone the property to Office for the purpose of increasing the amount of signage the property is allowed. The applicant would like to construct a monument sign that will increase the tenants’ visibility and exposure to traffic on Highway 7. Mr. Morrison provided background on the site and explained how the site is suitable for office development. Commissioner Kanne asked if the proposed sign would have lighting. Mr. Morrison stated that the sign very likely would be back lit. The standard signage ordinance conditions would apply to it and it could be back lit or electronic. Commissioner Person opened the public hearing. As no one was present wishing to speak he closed the public hearing. Commissioner Robertson made a motion recommending approval to rezone the property from R-C High-Density Multiple-Family Residential to O Office. Commissioner Carper seconded the motion, and the motion passed on a vote of 4-0. City Council Meeting of September 19, 2016 (Item No. 4g) Page 10 Title: Rezoning – Office Building Located at 8001 Highway 7 AERIAL PHOTO City Council Meeting of September 19, 2016 (Item No. 4g) Page 11 Title: Rezoning – Office Building Located at 8001 Highway 7 NOTICE OF COUNCIL ACTION ON APPLICATION FOR PROPOSED ZONING CHANGE PROPOSAL: 8001 Highway Seven LLC submitted an application to change the zoning classification at 8001 State Highway 7 from RC High Density Multiple- Family Residence to Office. The property is improved with a one-story office building with four tenants. The applicant intends to continue to use the property as is, however, he would like to construct a free-standing sign near the Highway 7 frontage road. An aerial photo that identifies the location of the property, location of the proposed sign, and a photograph of what the sign may look like is printed on the back side of this notice. Additional information about this request can be found at www.stlouispark.org/development-projects. DATE OF COUNCIL ACTION: Monday, September 19, 2016 TIME OF MEETING: 7:30 p.m. LOCATION OF MEETING: City Council Chambers 3rd floor of City Hall 5005 Minnetonka Blvd QUESTIONS CONTACT: Gary Morrison, Assistant Zoning Administrator 952-924-2592 gmorrison@stlouispark.org A public hearing on this application was conducted by the planning commission on August 3, 2016. Notice was mailed to property owners within 350 feet of the property and published in the Sun Sailor. No comments were received at the hearing, and the commission recommended the city council approve the rezoning. The city council considered the rezoning application on September 6, 2016. At this meeting, the council approved the first reading, and directed staff to send another notice to the neighborhood prior to the council considering the second reading. (All zoning amendments require two readings by the council.) The second reading will occur on September 19, 2016. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call 952/928-2840 at least 96 hours in advance of meeting. City Council Meeting of September 19, 2016 (Item No. 4g) Page 12 Title: Rezoning – Office Building Located at 8001 Highway 7 The photo to the left was provided by the applicant as a representation of the sign he is considering. The actual sign may vary in appearance, and approval of the rezoning application cannot be conditioned upon a specific sign criteria. If the application is approved, the applicant will be able to construct a sign that meets the zoning regulations. The office district allows up to 200 square feet of signage for this property. There is currently 80 square feet of signage on the building. The remaining 120 square feet will be used to construct the new sign. The largest two-sided sign allowed with the remaining 120 square feet is 60 square feet per side. The photo below shows the location of the subject property, and the proposed sign. Location of proposed sign Meeting: City Council Meeting Date: September 19, 2016 Consent Agenda Item: 4h EXECUTIVE SUMMARY TITLE: Accept Donation from Nyra Rustad for a Bench to be placed in Wolfe Park RECOMMENDED ACTION: Motion to Adopt Resolution approving acceptance of a $2,200 donation from Nyra Rustad for the purchase and installation of a bench in Wolfe Park. POLICY CONSIDERATION: Does the City Council wish to accept the gift with restrictions on its use? SUMMARY: State statute requires City Council’s acceptance of donations. This requirement is necessary in order to make sure the City Council has knowledge of any restrictions placed on the use of each donation prior to it being expended. Nyra Rustad graciously donated $2,200 for the purchase and installation of a bench. The donation is given with the restriction that the bench be placed in Wolfe Park. FINANCIAL OR BUDGET CONSIDERATION: This donation will be used to purchase and install a memorial bench in Wolfe Park. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Resolution Prepared by: Stacy M. Voelker, Senior Office Assistant Rick Beane, Park Superintendent Reviewed by: Cynthia S. Walsh, Director of Operations & Recreation Approved by: Tom Harmening, City Manager City Council Meeting of September 19, 2016 (Item No. 4h) Page 2 Title: Accept Donation from Nyra Rustad for a Bench to be placed in Wolfe Park RESOLUTION NO. 16-____ RESOLUTION APPROVING ACCEPTANCE OF DONATION IN THE AMOUNT OF $2,200 TO PURCHASE AND INSTALL A BENCH IN WOLFE PARK WHEREAS, The City of St. Louis Park is required by State statute to authorize acceptance of any donations; and WHEREAS, the City Council must also ratify any restrictions placed on the donation by the donor; and WHEREAS, Nyra Rustad donated $2,200 to purchase and install a bench in Wolfe Park; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of St. Louis Park that the gift is hereby accepted with thanks to the Nyra Rustad with the understanding that it must be used to purchase and install a bench in Wolfe Park. Reviewed for Administration Adopted by the City Council September 19, 2016 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: September 19, 2016 Public Hearing Agenda Item: 6a EXECUTIVE SUMMARY TITLE: Punch Bowl Minneapolis, LLC dba Punch Bowl Social - On-Sale Intoxicating and On-Sale Sunday Liquor License RECOMMENDED ACTION: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve application from Punch Bowl Minneapolis, LLC, dba Punch Bowl Social, for an On-Sale Intoxicating and On-Sale Sunday Liquor License for the premises located at 1621 West End Boulevard - Suite 2410, with a license term through March 1, 2017. POLICY CONSIDERATION: Does the applicant meet the requirements for the issuance of the proposed licenses? SUMMARY: The City received an application from Punch Bowl Minneapolis, LLC dba Punch Bowl Social, for an on-sale intoxicating and on-sale Sunday liquor license for the property located at 1621 West End Boulevard, Suite 2410. Punch Bowl Social is a dining and entertainment destination. The kitchen features locally sourced ingredients on a “GastroDiner” menu and the venue provides a variety of entertainment options including bowling, darts, bocce ball, ping pong, shuffle board, and vintage arcade games. Punch Bowl Social is a franchise, with 12 locations nationwide. The St. Louis Park location will be the first in Minnesota. The premises is approximately 22,975 square feet in size with indoor seating for 270 guests and outdoor seating for 80 guests. The applicant intends to open for business in November, 2016. The main principals listed on the application are Robert Cornog Jr. and Robert Thompson Jr. Patrick Williams will be responsible for overseeing operations at the St. Louis Park location, including opening the site and hiring a full-time general manager. The applicant is aware that a full-time manager needs to be designated for the location and that the individual will be required to pass a background investigation prior to beginning work at the establishment. The Police Department conducted a full background investigation, and nothing was discovered during the course of the investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published on September 1, 2016. Should Council approve the liquor license, no actual license will be issued until all requirements have been fulfilled with the City Inspections Department, Hennepin County, and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $8,750 for the On-Sale Intoxicating license and $200 for the On-Sale Sunday license. Pursuant to City Code provisions, the license fee will be pro-rated for the remainder of the license term. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: September 19, 2016 Public Hearing Agenda Item: 6b EXECUTIVE SUMMARY TITLE: Madilin Creative, LLC, dba Board & Brush St. Louis Park - On-Sale Wine and 3.2% Malt Liquor License RECOMMENDED ACTION: Mayor to open public hearing, take public testimony, and close public hearing. Motion to approve application from Madilin Creative, LLC, dba Board & Brush St. Louis Park, for an On-Sale Wine and 3.2% Malt Liquor License for the premises located at 5810 West 36th Street, with the license term through March 1, 2017. POLICY CONSIDERATION: Does the Council wish to approve the on-sale wine and 3.2% malt liquor licenses for Madilin Creative, LLC? SUMMARY: The City received an application from Madilin Creative, LLC dba Board & Brush St. Louis Park, for an on-sale wine and 3.2% malt liquor license for the property located at 5810 West 36th Street. Board & Brush is a design studio that allows patrons to make their own decorative pieces. It is a franchised business with 28 locations nationwide. The premise consists of an instructional art studio with food service, occupying approximately 1,358 square feet in size. Andrew and Jennifer Fleury are the sole owners and managers of the business. The applicants intend to open for business as soon as possible. The St. Louis Park City Code states that wine licenses can only be issued to a restaurant with seating for at least 30 people whose principal part of the business is preparation and serving of food. The premises will have a seating capacity of 30 in the main art studio. The food selection consists of a variety of homemade pizzas in addition to other snacks and finger foods. Initially, classes will be offered Monday – Sunday until 10:00 p.m. The Police Department conducted a full background investigation, and nothing was discovered during the course of the investigation that would warrant denial of the license. The application and police report are on file in the City Clerk’s office, should Council members wish to review the information. The required notice of the public hearing was published on September 1, 2016. Should Council approve the liquor license, no actual license will be issued until all requirements have been met with the City Inspections Department, Hennepin County, and the State Alcohol and Gambling Enforcement Division. FINANCIAL OR BUDGET CONSIDERATION: Fees for this applicant include $500 for the police background investigation and $2,750 for the On-Sale Wine and 3.2% Malt Liquor annual license fees. Pursuant to City Code provisions, the license fee will be pro-rated for the remainder of the license term. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Melissa Kennedy, City Clerk Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: September 19, 2016 Action Agenda Item: 8a EXECUTIVE SUMMARY TITLE: 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Adoption. RECOMMENDED ACTION: Motion to Adopt Resolution Approving 2017 Preliminary General Fund Budget, 2017 Preliminary Property Tax Levy, and Setting Budget Public Hearing Date for December 5, 2016. POLICY CONSIDERATION:  Does the City Council desire to set the 2017 Preliminary Property Tax Levy at $30,464,756 which is a 6.5% change over the 2016 Final Property Tax Levy?  Does the City Council desire to hold the Public Hearing at which the Budget and Levy will be discussed on Monday, December 5, 2016 and then adopt the 2017 Budgets, Final Property Tax Levy, Final HRA Levy, and 2017-2026 Capital Improvement Plan at the Regular City Council Meeting on December 19, 2016? SUMMARY: Included is information pertaining to the 2017 Preliminary Budget and 2017 Preliminary Property Tax Levy. In addition, a proposed calendar of upcoming budget and tax levy dates is shown. Once the preliminary levy is set, it can be reduced but not increased. As we move ahead with our 2017 budget process and planning we will continue to have discussions and provide more information prior to the December 5th public hearing and final adoption on December 19th. FINANCIAL OR BUDGET CONSIDERATION: The proposed tax levy will help support necessary city services to be provided during 2017. VISION CONSIDERATION: All Vision areas are taken into consideration and are an important part of the budgeting process. SUPPORTING DOCUMENTS: Discussion Resolution Prepared by: Tim Simon, Chief Financial Officer Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Special Study Session Meeting of September 19, 2016 (Item No. 8a) Page 2 Title: 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Adoption. DISCUSSION BACKGROUND: On June 20, 2016, staff met with the City Council to discuss the 2017 Budget process. Council agreed that staff should follow recommendations from the “2017 Budget Production Guidelines” when preparing the 2017 Budget. Assumptions for the 2017 Budget included a pattern similar to past years; a levy increase, modest increase in other fees and charges where appropriate to fit with business costs, maintain high quality and responsive service delivery, hold expenditures flat where possible with adjustments for some modest growth based on essential business needs, funding for a wage and benefit contribution increase, utility rate adjustments, and continued long range financial planning. At the August 15th and September 6th, 2016 City Council study sessions, the City Council reviewed information regarding the 2017 budget and directed staff to prepare a 2017 Preliminary Property Tax Levy increase of 6.5% when compared to the 2016 Final Property Tax Levy. 2017 Preliminary Property Tax Levy There are some important key items to keep in mind for the 2017 Preliminary Tax Levy:  There are no levy limits in place for 2017.  Local Government Aid (LGA) for 2017 has been certified, St. Louis Park will receive $545,670 which is $6,036 more than the $539,434 certified in 2017. These dollars go into the Capital Replacement Fund and will be part of the long range financial management plan.  Trends in Valuations and Possible Property Tax Implications - For the 2016 assessment, St. Louis Park’s taxable market value increased by 8.1% with all of the dominant property types increasing in value. Composition of the change is summarized as +5.3% for single- family homes, +10.6 for condos, +6.7 for townhomes, +17.8% for apartments, and the commercial-industrial sectors at +9.6%. As can be surmised by the above figures, there will be a shift of the property tax burden to commercial, condos, and apartment properties for the Payable 2017 tax period. This shift will be mitigated somewhat when considering all taxing jurisdictions that make up the typical property tax bill.  The 2017 Preliminary Property Tax Levy once adopted on September 19, 2016, can be decreased but not increased after that date.  We are still tracking a few items such as the health insurance renewal and the recently awarded SAFER grant to offset the two firefighter positions. Those adjustments most likely would be made as part of setting the final levy. 2016 City Final Levy and 2017 City Preliminary Levy A synopsis of prior year levy information and the 2017 Proposed Preliminary Levy Range is shown below: 1. The 2016 Preliminary levy was $28,738,974, which was 6.50% more than 2015. 2. The 2016 Final levy was $28,604,474, which was 6.0% more than 2015. Special Study Session Meeting of September 19, 2016 (Item No. 8a) Page 3 Title: 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Adoption. 3. At this point in time, the budgets which have been submitted and debt service needs would require a 2017 Preliminary Property Tax Levy increase of approximately of 6.50%. 2016 2017 $ Change % Change Final Levy Proposed Levy 2016 to 2017 2016 to 2017 TAX CAPACITY BASED TAX LEVY General Fund 23,597,282$ 25,013,119$ 1,415,837$ 6.00% Park Improvement Fund 810,000 810,000 - 0.00% Capital Replacement Fund 1,767,700 1,767,700 - 0.00% Debt Service-current 1,517,667 2,139,937 622,270 41.00% Debt Service-future 477,825 300,000 (177,825) -37.22% Employee Benefit Fund 200,000 200,000 - 0.00% Housing Rehabilitation Fund 100,000 100,000 - 0.00% Council Programs (1)134,000 134,000 - 0.00% TAX CAPACITY BASED TAX LEVIES 28,604,474$ 30,464,756$ 1,860,282$ 6.50% *=levy will be adjusted as we continue the budget review. 1= Council programs line item was anticipated to be used for Council programs/initiatives like the climate action plan for 2016. For 2017, these funds may want to be considered for race and equity or community outreach type programs. Additional Tax Levy Information By Law, the City Council must approve a 2017 Preliminary Property Tax Levy which must be certified to Hennepin County by September 30th. Hennepin County will mail out parcel specific notices in mid to late November. Setting Dates for Public Hearing and 2017 Budget Adoption The City is required to hold a regularly scheduled meeting at which the budget and levy will be discussed and public input is allowed, prior to final budget and levy determination. This public input meeting must occur after November 24th. Past practice has been to hold the public input meeting and then schedule a subsequent meeting to adopt the final budget. If the City Council chooses to continue this practice, then the dates would be the regular meeting on December 5, 2016 for the public input meeting and December 19, 2016 for adoption of the 2017 Budget, Tax Levy, HRA Levy, and 2017-2026 Capital Improvement Plan. NEXT STEPS: As the 2017 budget process continues, the following preliminary schedule snapshot has been developed for Council: September 19 Council sets 2017 preliminary property tax levy. October 17 Review and discussion of CIP, debt model, fees, utility rates and LRFMP. Public Hearing – 1st Reading of Fees, and adoption of 2017 Utility Rates. Directors or their designees in attendance as needed. November 7 Budget and continued CIP discussions prior to Truth in Taxation Public Hearing and budget presentation. 2nd Reading of Fee on Consent. December 5 Truth in Taxation Public Hearing and budget presentation December 12 (If necessary) Continuation of Public Hearing and any budget discussion. December 19 Council adopts 2016 Revised Budget, 2017 Budgets, final tax levies (City and HRA), and 2017 - 2026 CIP. Special Study Session Meeting of September 19, 2016 (Item No. 8a) Page 4 Title: 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Adoption. RESOLUTION NO. 16-____ RESOLUTION APPROVING 2017 PRELIMINARY GENERAL FUND BUDGET, 2017 PRELIMINARY PROPERTY TAX LEVY, AND SETTING PUBLIC HEARING DATE FOR THE 2017 BUDGET AND FINAL PROPERTY TAX LEVY WHEREAS, The City of St. Louis Park is required by Charter and State law to approve a resolution setting forth an annual tax levy to the Hennepin County Auditor; and WHEREAS, Minnesota Statutes require approval of a preliminary property tax levy and a preliminary budget on or before September 30th of each year; and WHEREAS, the City Council has received the proposed budget document; NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, that the Preliminary 2017 Budget shall be as follows: 2017 Preliminary General Fund Revenues: Property Taxes $25,013,119 Licenses and Permit 3,745,736 Fines and Forfeits 254,200 Intergovernmental 1,501,669 Charges for Services 2,031,444 Miscellaneous 1,363,406 Transfers In 1,899,927 Interest on Investments 140,000 Total General Fund Revenues $35,949,501 Expenditures: Personnel $ 27,763,651 Supplies 1,991,894 Services and Other Charges 5,742,211 Non-Departmental 451,745 Total General Fund Expenditures $35,949,501 BE IT FURTHER RESOLVED that the Truth in Taxation Public Hearing will be held on December 5, 2016; and BE IT FURTHER RESOLVED that the City Council of the City of St. Louis Park, Hennepin County, Minnesota, that the following sums of money be levied for collection in 2017 upon the taxable property in said City of St. Louis Park for the following purposes: Special Study Session Meeting of September 19, 2016 (Item No. 8a) Page 5 Title: 2017 Preliminary Property Tax Levy Certification and Preliminary General Fund Budget Adoption. 2017 Preliminary TAX CAPACITY BASED TAX LEVY Levy General Fund $25,013,119 Debt Service - Current 2,139,937 Debt Service - Future 300,000 Capital Replacement Fund 1,767,700 Park Improvement Fund 810,000 Council Programs 134,000 Employee Administration Fund 200,000 Housing Rehabilitation Fund 100,000 TOTAL TAX LEVIES $30,464,756 And BE IT FURTHER RESOLVED that the Controller is hereby authorized and directed to transmit this information to the County Auditor of Hennepin County, Minnesota and the Minnesota Department of Revenue, if applicable, in the format requested as required by law. Reviewed for Administration Adopted by the City Council September 19, 2016 City Manager Mayor Attest: City Clerk Meeting: City Council Meeting Date: September 19, 2016 Discussion Item: 8b EXECUTIVE SUMMARY TITLE: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue RECOMMENDED ACTION: Motion to Adopt Resolution authorizing the implementation of permit parking restrictions on the 1300 block of Kentucky Avenue South. POLICY CONSIDERATION: Does the petition meet the standards for authorizing the proposed permit parking restrictions? SUMMARY: The City has a program for authorizing permit parking for areas where parking demand is high. The Engineering Department has received a petition from residents on the 1300 block of Kentucky Avenue to install permit parking on their block. Residents have noted a large increase of parking demand on their block since the construction of the Comfort First facility at 7115 Wayzata Boulevard. The situation was discussed at the June Traffic Committee. Since the Traffic Committee meeting, staff from Engineering and Community Development have met with a Comfort First representative and held a public meeting for potentially impacted individuals to discuss the situation. FINANCIAL OR BUDGET CONSIDERATION: The cost of installing permit parking will be minimal. Costs will come out of the general operating budget. Installation will consist of adding signage in the 1300 block of Kentucky Avenue. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Resolution Resident Petition Map & Addresses for Proposed Permit Parking Area Prepared by: Chris Iverson, Transportation Engineer Reviewed by: Deb Heiser, Engineering Director Approved by: Tom Harmening, City Manager City Council Meeting of September 19, 2016 (Item No. 8b) Page 2 Title: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue DISCUSSION BACKGROUND: On May 11, 2016, a resident on the 1300 block of Kentucky Avenue discussed the parking situation on his street with a Community Development staff member. The resident noted parking demand had increased on the block due to visitor and staff parking for the Comfort First facility. The resident provided pictures of cars parked in front of driveways, on top of street curbs, and perpendicular to the cul-de-sac curb line, all of which were in violation of city code. During the week of May 16, the resident provided a petition from residents on the 1300 block of Kentucky Avenue to implement permit parking on the block. The petition form is attached. The Traffic Committee discussed the situation at the June 2nd meeting. The Committee made the following recommendations:  The current parking situation on the 1300 block of Kentucky Avenue will remain as- is until June 30th, 2016.  If the parking concerns on the block are not resolved by July 1st, 2016, a public process for establishing permit parking on the 1300 block of Kentucky Avenue will commence. Letters were sent to affected addresses notifying about the Traffic Committee recommendations on June 13. In June, a Comfort First representative informed city staff that they were advising visitors to park on-site, and educate them on how to park legally in the cul-de-sac. On July 1st, residents informed city staff that parking demand was still high, and were still in support of permit parking. In July, the Traffic Committee revisited the situation and confirmed to begin the public process of initiating permit parking on the 1300 block of Kentucky Avenue. This was consistent with the previous letter sent to impacted addresses. On July 18th, city staff met with a Comfort First representative to discuss the resident petition, permit parking regulations, and the public process to install permit parking. The Comfort First representative raised concerns about their parking needs and increased enforcement due to the proposed permit parking. City staff sent a letter to affected addresses informing of a public meeting to discuss the proposed permit parking. This meeting was held on August 30th. Councilmember Brausen was in attendance for this meeting. Attendees included residents on the 1300 block of Kentucky Avenue, but a Comfort First representative was not in attendance. City staff went into detail to discuss the rules and regulations of permit parking. Attendees continued to raise concerns about the volume and illegal way in which vehicles were parking on the block. The consensus of the meeting was to move forward with permit parking on the block. City Council Meeting of September 19, 2016 (Item No. 8b) Page 3 Title: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue Considerations Permit parking areas are not actively patrolled by St. Louis Park police. Violations are driven by complaint. There are five (5) residential addresses on the 1300 block of Kentucky Avenue. Permit parking would only be on the southern cul-de-sac, and permits would be granted to all addresses with street frontage on this cul-de-sac. A map and permit parking addresses are attached. Permit Parking Regulations Restriction No parking on the street unless the vehicle prominently displays a City-issued parking permit. Exceptions Emergency vehicles, government vehicles, or commercial vehicles parked at curbside while work is conducted. Permit Criteria Four (4) permits per address frontage. Placement If permanently affixed – prominently displayed in the lower corner of the rear windows on the driver’s side. If temporary – prominently displayed in the lower corner of the window on the driver’s side (placement on the dash is acceptable). Motorcycles – on rear fender. Replacement Replacement upon certification of loss or need. Replacement stickers may be obtained in the Engineering Department, Second Floor of City Hall. Signage Installed and maintained by the City. Enforcement City Police Department. Violators may be ticketed for illegal parking. City Council Meeting of September 19, 2016 (Item No. 8b) Page 4 Title: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue RESOLUTION NO. 16-___ RESOLUTION AUTHORIZING THE INSTALLATION OF PERMIT PARKING RESTRICTIONS ON THE 1300 BLOCK OF KENTUCKY AVENUE SOUTH TRAFFIC STUDY NO. 669 WHEREAS, the City of St. Louis Park, Minnesota has received a petition from residents to install permit parking on the south section of the 1300 block of Kentucky Avenue, and; WHEREAS, the City of St. Louis Park, Minnesota has completed a full public process to inform interested parties about the restrictions of permit parking. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the Engineering Director is hereby authorized to install permit parking restrictions on the 1300 block of Kentucky Avenue. Reviewed for Administration: Adopted by the City Council September 19, 2016 Thomas K. Harmening, City Manager Jake Spano, Mayor Attest: Melissa Kennedy, City Clerk City Council Meeting of September 19, 2016 (Item No. 8b) Page 5 Title: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue EXHIBIT 1: RESIDENT PETITION City Council Meeting of September 19, 2016 (Item No. 8b) Page 6 Title: Traffic Study No. 669: Installation of Permit Parking, 1300 Block of Kentucky Avenue EXHIBIT 2: PROPOSED PERMIT PARKING AREA & ADDRESSES Proposed Permit Parking Addresses 1358 Kentucky Ave S. 1344 Kentucky Ave S. 7115 Wayzata Blvd 1333 Kentucky Ave S. 1347 Kentucky Ave S 1355 Kentucky Ave S.