Loading...
HomeMy WebLinkAbout2016/04/25 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA APRIL 25, 2016 6:30 p.m. RECONVENE 2016 LOCAL BOARD OF APPEAL & EQUALIZATION – Council Chambers Immediately following LBAE CITY COUNCIL STUDY SESSION – Community Room Discussion Items 1. 5 min. Future Study Session Agenda Planning – May 9, 2016 2. 45 min. SWLRT Potential Enhancements 3. 15 min. Subdivision Ordinance Amendment 5 min. Communications/Meeting Check-In (Verbal) Written Reports 4. Update on Grant Applications 5. March 2016 Monthly Financial Report 6. First Quarter Investment Report (Jan – Mar 2016) 7. New Minnesota State Plumbing Code 8. 2015 Volunteers in the Park 9. Central Park West Redevelopment Contract Update 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. 2016 Local Board of Appeal and Equalization Reconvene – April 25, 2016 at 6:30 p.m. City Council Chambers PROPOSED AGENDA 1. Reconvene the St. Louis Park Local Board of Appeal and Equalization 2. Roll Call – Declaration of Quorum 3. Acknowledgement of Trained Members (Mavity, Lindberg & Brausen) 4. Acknowledgement of Assessing Staff Members in Attendance 5. Review of Properties in Appeal a. Board Action - Where Petitioner & Assessing Staff are Not in Agreement b. Board Action - Where Petitioner & Assessing Staff are in Mutual Agreement c. Board Action - Where Petitioner has withdrawn their appeal or denied access Each valuation and/or classification resolution must be individually read into the record. Where mutual agreement has been reached, the group may be approved by the Board in one action per DOR direction (April 2016). 6. Instruct Assessor to Complete Record of Changes for Submittal 7. Instruct Assessor to Inform Petitioners of Board Action via Mail 8. Complete the Local Board of Appeal and Equalization Certification Form 9. Adjourn if Board business is completed Reconvene Meeting of April 25, 2016 Page 2 Title: 2016 Local Board of Appeal and Equalization BACKGROUND for the 2016 St. Louis Park Local Board of Appeal and Equalization All property owners are entitled to the right of appeal regarding their classification and market value. The City is required by statute to conduct a Local Board of Appeal & Equalization meeting to hear appeals, or open book meeting or transfer the Board to the County. The focus of the board is on: the property classification which is determined by the property’s use; and, the market value which is based on the characteristics of the real estate and market conditions as of the date of the assessment (January 2, 2016). Minnesota statute requires that all properties are assessed at full market value. The two dominant definitions of market value are: MN Statute 272.03 – “Market value” means the usual selling price at the place where the property to which the term is applied shall be at the time of assessment; being the price which could be obtained at a private sale or an auction sale, if it is determined by the assessor that the price from the auction sale represents an arm’s length transaction. The price obtained at a forced sale shall not be considered. Appraisal Institute – The most probable price, as of a specified date, in cash or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. (The Appraisal of Real Estate, 13th Edition, Appraisal Institute [2008], page 23) The Board convened on April 11, 2016 at which meeting a total of twenty-three (23) parcels were recognized to be under appeal. The Board set the process and chose to reconvene April 25 to hear the merit of each appeal and to rule on them. A few housekeeping observations are made for the reference of the board.  One trained and certified Board member (Mavity, Lindberg or Brausen) must be present at each meeting the Board is in session.  It is essential that the Board rules on each question before it and likewise that the Board recognizes that it can reduce, sustain or increase valuations as deemed necessary.  The time window for the board to conclude business is 20 days after convening (deadline for completion is April 30, 2016).  Prior to adjourning the board should instruct the assessor to submit a record of their actions on the Department of Revenue required form.  Finally, the Local Board of Appeal Certification Form must be signed at each Board meeting by all Board members present. Background to Valuation Methodologies: The statistical modeling associated with the mass assessment accommodates variations between neighborhoods, within neighborhoods and includes consideration of location, age, style, size, finish materials, condition, updating, etc. depending on the information available. The Local Board process differs from mass valuation modeling in that the assessing staff refines the analysis by direct comparison of the property under appeal to the market indications. As part of the informal review process, staff frequently re-inspects properties to review the accuracy of our data. Adjustments and valuation change orders have been made where necessary. Reconvene Meeting of April 25, 2016 Page 3 Title: 2016 Local Board of Appeal and Equalization In cases where the revaluation does not result in a reduction, the appeal process has been outlined. As such, the Local Board depends on active participation from all parties involved including the property owner, assessing staff and the board members. All property owners are requested to state their basis of appeal, their opinion of the market value and informed that they may present information supporting their opinion of value and/or classification. The assessing staff in turn re-inspects the property and/or visits with the owner in order to verify the physical characteristics forming the analysis basis followed by a re-appraisal of the subject property. Staff also engages the owner in discussion to review the appeal question(s) and to reach agreement where possible before the board reconvenes. Focal Points for the Board – Agenda as Indicated on Cover Sheet, decisions on: 1. Board Action - review and decision on the classification and/or valuation of properties where agreement between the owner and assessing staff has not been reached. Five (5) appeals have been reviewed but have not been resolved to a mutual agreement between the property owner and the assessing staff. It is requested that the Board hear and decide the merits of each case. We have informed each property owner that the Board will allow 5-10 minutes for their presentation followed by a 3-5 minute presentation by the assessing staff. The Board may adjust these time allowances as needed. 2. Board Action – review and decision on cases where the owner and assessing staff have reached mutual agreement. Seventeen (17) appeals have been reviewed with the result that the property owner and assessing staff have reached a mutually acceptable valuation (no classifications were appealed). It is requested that the resolution for each parcel be read into the record after which the Board is allowed to take one action affirming the mutually agreed upon valuation for this group. 3. Board Action - for cases where the petitioner has withdrawn or denied access. The right of withdrawal or to deny access is at the owner’s discretion. One (1) appellant has not responded to inspection requests and we must remind the Board that you may not make a beneficial value change where access has been denied. Following your decision, each property owner will be notified via letter of the Board action and to remind them that they are eligible to appeal to the County Board. The Hennepin County Board of Appeal and Equalization begins June 13, 2016. An application is required no later than May 18, 2016. To appear before the County Board, all appellants must first have appealed to the St. Louis Park Board of Appeal and Equalization. Property owners may also appeal directly to the Minnesota State Tax Court. Thank you for serving on the Board. Prepared by: St. Louis Park Assessing Staff Cory Bultema, City Assessor Reconvene Meeting of April 25, 2016 Page 4 Title: 2016 Local Board of Appeal and Equalization Tab Summary Cover Sheet & Proposed Agenda (This page will be printed and supplied to the Board Chair for the meeting) Background & Focal Points for the Board Tab 1: Overview of All Appeals for Board Action (This page will be printed 11x17 and handed out to the Board for the meeting) Tab 2: Jacobs Appeals (2) – Staff Report (owner submitted materials include MLS and income/expense data which may not be disclosed by assessing staff per contractual agreement and MN Data Practices) Tab 3: 4245 Excelsior Blvd Appeal – Staff Report (owner did not supply materials for the Board report) Tab 4: 1436 Hampshire LLC Appeal – Staff Report (owner did not supply materials for the Board report) Tab 5: 36 Park LLC Appeal – Staff Report (owner did not supply materials for the Board report) Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and Equalization Page 5 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 6 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 7 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 8 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 9 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 10 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 11 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 12 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 13 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 14 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 15 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 16 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 17 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 18 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 19 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 20 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 21 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 22 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 23 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 24 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 25 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 26 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 27 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 28 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 29 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 30 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 31 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 32 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 33 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 34 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 35 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 36 Reconvene Meeting of April 25, 2016 Title: 2016 Local Board of Appeal and EqualizationPage 37 Meeting: Study Session Meeting Date: April 25, 2016 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – May 9, 2016 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the regularly scheduled Study Session on May 9, 2016. POLICY CONSIDERATION: Does the Council agree with the agenda as proposed? SUMMARY: At each study session approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the proposed discussion items for the regularly scheduled Study Session on May 9, 2016. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Tentative Agenda – May 9, 2016 Prepared by: Debbie Fischer, Administrative Services Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of April 25, 2016 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – May 9, 2016 Study Session, May 9, 2016 – 6:30 p.m. Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Ranked Choice Voting – Administrative Services (60 minutes) At the request of Council, staff will provide background information on the Ranked Choice Voting model. The Elections Manager from Hennepin County, who was involved in implementing ranked choice voting in Minneapolis, will also be in attendance. 3. Off-sale Intoxicating Liquor – Administrative Services (30 minutes) Follow up discussion on possible regulation of off-sale intoxicating liquor. 4. PLACE Update – Community Development (35 minutes) The PLACE Development Team will be present to share and discuss its latest concept plan with the Council. 5. Assessment Policy – Municipal Parking Lots – Engineering (45 minutes) The City owns and maintains nine parking lots that are not adjacent to a City building. Some of the lots are used as park and rides, others serve private, business-related parking needs. The majority of these lots were constructed over 30 years ago and require reconstruction. The City’s past policy for construction of many of these parking lots was t o assess 100% of the cost to the surrounding property owners. The purpose of this agenda item is to discuss funding for the reconstruction of these parking lots. 6. Ten West End (Central Park West) Office Concept Plan – Community Development (20 minutes) The Excelsior Group and Ryan Companies wishes to present initial concept plans for the Phase IV office building. Reports 7. Raising Candidate Filing Fees for Elected Officials 8. Corridor-wide Housing Strategy SWLRT 9. Update on SW Parcel at Highway 7 & Louisiana 10. City Hall Entrance Sidewalk Construction for Accessibility Meeting: Study Session Meeting Date: April 25, 2016 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: SWLRT Potential Enhancements RECOMMENDED ACTION: Staff desires to discuss with Council the options and financing for additional SWLRT construction related items, in particular lighting and fencing at the Beltline Regional Trail Bridge. POLICY CONSIDERATION: Does the Council wish to pursue enhancements to the regional trail bridge at Beltline Boulevard? SUMMARY: Regional Trail Bridge over Beltline Boulevard The regional trail bridge as designed by the Project Office over Beltline is illustrated in the attached drawings. The bridge will be a have a bowed truss, and will be black in color. Staff has been discussing the type of fencing and adding lighting to the trail bridge, as shown in the attachments. Other Fencing in the SWLRT Corridor The base SWLRT project includes the following fence types: 1. Wood post and cable (mainly used along the freight rail) 2. Galvanized chain link fence (mainly used for fall protection) 3. Galvanized decorative picket fence (mainly used at station platforms) The City can consider upgrading some of this fencing in visible areas such as on the bridges over Louisiana and in the area of the Louisiana trail underpass. FINANCIAL CONSIDERATION: The estimated cost of upgrades to the corridor fencing and adding trail bridge lighting are included under the “Discussion” section of this report. In addition, an updated summary of cost estimates for the City’s Locally Requested Capital Improvements (LRCIs) and other items is attached. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Cost Summary for St. Louis Park Items Beltline Bridge Drawings Prepared by: Meg McMonigal, Principal Planner Kevin Locke, Community Development Director Jack Sullivan, Sr. Engineering Project Manager Approved by: Tom Harmening, City Manager Study Session Meeting of April 25, 2016 (Item No. 2) Page 2 Title: SWLRT Potential Enhancements DISCUSSION Regional Trail Bridge over Beltline Boulevard Bridge Structure. The bridge and trusses (two trusses total – one over Beltline Boulevard and one over the rail tracks) will be bowed as shown on the attached drawings. The SPO has agreed to change the type of truss for the bridge to the more attractive bow truss instead of the original proposed design of a box truss. The color will be black. The original design was more or less rust brown. The cost difference between the truss types is negligible. Bridge Fencing Upgrades. The base design for fencing on the pedestrian bridge is black vinyl coated chain link. This is the Three Rivers Park District’s standard trail fencing. The option for upgrade would be black picket rail fencing similar to the fencing on the pedestrian/trail bridge over CSAH 25. See attached drawings. The cost for this upgrade is estimated at $500,000. Bridge Lighting. The Beltline Bridge is very long and high. It is roughly a quarter mile long and will be quite dark at night. Adding lighting for safety is needed. Down lights integrated into the railing are proposed. See attached drawings. The cost for this upgrade is estimated at $250,000. Other Fencing Upgrades. The base SWLRT project includes galvanized chain link fence generally anywhere in the corridor that presents a potential fall risk. Examples include bridges and areas with steep slopes. The City may want to consider upgrading some of this fencing to black vinyl coated chain link, black picket fencing or galvanized picket fencing. Likely locations to consider for upgrading might be the bridges over Louisiana Avenue and the steep slopes above the entrances to the pedestrian tunnel at the Louisiana Station. Upgrading any of these fences would be beyond the scope and budget of the SWLRT project and would only occur if the City was willing to fund the changes. It is important to note that the appurtenances in the SWLRT corridor will generally be galvanized steel. For instance the catenary poles throughout the line will be galvanized. In some cases it may be better to stay with galvanized fencing than introducing a contrasting color like black vinyl or black pickets which could make them stand out rather than blend in to the surroundings. Not all the fall risk fencing in the corridor will be galvanized chain link. The exceptions are the fencing on the bridges over Hwy 100. That fencing will follow the Hwy 100 design standards. The fencing in the base project design for the Beltline Trail Bridge will be black vinyl coated chain link rather than galvanized. City SWLRT Costs. Any fencing or lighting changes from the base project design would not be covered by the existing SWLRT budget. It is likely that the fencing and lighting improvements will only occur if the City is willing to pay for it. Cost Estimates for St. Louis Park. Attached is a table showing all cost estimates for City items related to SWLRT. Study Session Meeting of April 25, 2016 (Item No. 2) Page 3 Title: SWLRT Potential Enhancements Updated SWLRT Schedule. Shown below is the current schedule for key milestones in the SWLRT project. The schedule is based on information provided at the most recent Executive Change Control Board (ECCB) meeting held at the end of March. It should be noted that the FEIS is currently under review at the FTA and exactly when that review will be completed is not certain. UPDATED SWLRT SCHEDULE Major Milestones Date FEIS Publication May 2016 ECCB Review and Approval of Project Budget & Scope July 2016 Environmental Record of Decision (ROD) August 2016 Full Funding Grant Agreement (FFGA) from the FTA Mid 2017 Heavy Construction 2017-2019 Revenue Service 2020 April 20, 2016 City Cost Summary for SWLRT PROJECT – April 2016 Costs Total Committed Design Costs $1,500,000 Contribution $2,000,000 Louisiana Underpass Trail $300,000 Lynn Avenue Extension $1,925,000 Stairs for Regional Trail $164,000 Total $5,725,000 $5,890,000 Recommended – estimated costs CSAH #25 and Beltline Intersection –LRCI 32 $900,000 Louisiana Trail – LRCI 33 $750,000 Fiber/Technology $300,000 Regional Trail Enhancements $1,835,000 Whistle quiet ready at Wooddale Station $100,000 Wooddale bridge and turn lane $2,000,000 Total $5,885,000 $5,885,000 Future - estimated Ottawa Ave. - (CSAH 5 to CSAH 25) CSAH 25 Urban Blvd. - Beltline to France Beltline Ave. - Opening Day - TSAAP Louisiana Ave. - Opening Day - TSAAP Wooddale Ave. - Opening Day - TSAAP Beltline/36th St. Intersection Improvement South Wye Removal Pedestrian Walk to Hospital Beltline Ave. -Beyond Opening Day - TSAAP Louisiana Ave. - Beyond Opening Day - TSAAP Wooddale Ave. - Beyond Opening Day - TSAAP Extension of Pk. Glen Blvd. to 36th St. Total $37,200,000 $37,200,000 Overall Total 48,975,000 Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 4 1 2 3/4 5 6 1BContext Map Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 5 Birdseye View - Improved Design 1B Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 6 1BBeltline Blvd View - Base Design 2A Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 7 1B1st Floor Development View - Improved Design 3B Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 8 1B4th Floor Development View - Improved Design 4B Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 9 1ATrail View - Base Design 5A Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 10 1BTrail View - Improved Design 5B Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 11 1BNight View - Base Design 6A Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 12 1BNight View - Improved Design 6B Study Session Meeting of April 25, 2016 (Item No. 2) Title: SWLRT Potential Enhancements Page 13 Meeting: Study Session Meeting Date: April 25, 2016 EXECUTIVE SUMMARY TITLE: Subdivision Ordinance Amendment RECOMMENDED ACTION: No action at this time. The purpose of this report is to discuss staff’s request for comprehensive changes to the subdivision ordinance. POLICY CONSIDERATION: Does the City Council wish to amend the subdivision ordinance? SUMMARY: Staff initiated a request to amend the subdivision ordinance. The intent of the amendments are to update the design standards and make clarifications. The subdivision ordinance was first adopted in 1976. Since then it has seen a few minor amendments, but for the most part remains unchanged. Staff has, however, been keeping track of questions and problems arising from administration of the ordinance in anticipation of amending the code. In January of 2014, staff began drafting the proposed amendments. The purpose of the amendments is to update the subdivision ordinance so that it is consistent with other chapters of the city code, such as Chapter 36 - Zoning, Chapter 34 – Vegetation, and Chapter 12 – Environment. The amendments will also provide consistency between the Local Surface Water Management Plan (LSWMP) and other city plans and policies. Consistency is gained in large part by removing certain requirements from the subdivision ordinance and deferring to the appropriate governing/guiding documents. If the proposed changes are adopted, the subdivision ordinance will govern the subdivision of land and leave the details of stormwater management, and infrastructure design and construction to the appropriate city codes and policies. The code changes will clarify the administrative process and review criteria without changing the policies for these activities. The amendment also proposes policy changes to the way subdivision variances, sidewalks, and easements are reviewed and processed. Staff believes the changes are consistent with discussions conducted at the Planning Commission and City Council while hearing subdivision applications over the past few years. The changes are summarized in the discussion, and shown in the attached proposed ordinance. NEXT STEPS: The ordinance was presented to the Planning Commission at three study sessions in January and February of 2016 before they conducted a public hearing on March 2, 2016. No comments were received at the hearing, and the Planning Commission recommended approval of the changes. If there are no objections, staff will schedule the proposed amendment for action by the Council. FINANCIAL OR BUDGET CONSIDERATION: None VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Sean Walther, Planning and Zoning Supervisor Michele Schnitker, Housing Supervisor/Deputy CD Director Approved by: Tom Harmening, City Manager Discussion Item: 3 Study Session Meeting of April 25, 2016 (Item No. 3) Page 2 Title: Subdivision Ordinance Amendment DISCUSSION REQUEST: A copy of the draft of the proposed changes is attached. The following is a summary of the proposed changes staff is prepared to discuss at this study session: (Pg 7) Exemptions from the subdivision process. The ordinance currently exempts simple lot divisions from the normal subdivision process, meaning a lot that is split into no more than two lots can be processed administratively, and does not require a hearing before the planning commission and council approval. The ordinance does not outline a process for combining two parcels, or moving a property line between two parcels. The City Attorney has advised staff to administratively review and approve these proposals before they are submitted to Hennepin County by the property owner. Staff is proposing adding a process to the ordinance that identifies the criteria by which staff administratively approves combinations and property line adjustments along with simple lot splits. The proposed language outlines the same process and circumstances staff has been using when reviewing these requests. (Pg 9) Change regulations pertaining to subdivision variances. Current regulations state four criteria that must be met. Staff is proposing to change the language to say that five criteria shall be considered when evaluating subdivision variance requests. This change will allow the Planning Commission to continue to review variances in a more comprehensive manner, yet also allow the Planning Commission to review it in the context of the unique situation confronted by the applicant. This revision is consistent with the manner in which variances are reviewed in the zoning ordinance which recently went from a similar shall be met requirement to a shall be considered review. (Pg 28) Remove infrastructure design standards from the ordinance, and instead refer to the Engineering Director who will apply the City Engineering Department policies and templates. (Pg 30) Continue to require sidewalks, but require them to be installed as per approved sidewalk and trail plans and policies instead of requiring them on all street frontages. (Pg 31) Create the option for the property owner to pay cash contribution to sidewalk fund in lieu of constructing a sidewalk or trailway, at the City’s discretion (not the property owner’s). (Pg 37) Revise language requiring drainage/utility (D/U) easements. The ordinance currently requires D/U easements around the perimeter of all lots, and changes to this require a variance. Staff proposes to add an exception that allows the Engineering Director to reduce D/U easements to avoid excessive and unnecessary easements and to design easements in conjunction with development proposals and the City’s long-term plans for the area. (Pg 38) Delete the erosion and sediment control requirements, and reference them in Chapter 12 of the City Code. (Pg 38) Delete the storm drainage requirements, and reference the Local Storm Water Management Plan (LSWMP), and City and Minnehaha Creek Watershed District policies. (Pg 42) Reference the tree preservation regulations that are detailed in the landscaping section of the zoning ordinance. Study Session Meeting of April 25, 2016 (Item No. 3) Page 3 Title: Subdivision Ordinance Amendment BACKGROUND: The ordinance was reviewed by the City Attorney. The proposed ordinance was presented to the Planning Commission in two study sessions held on February 3rd and 17th. The Planning Commission conducted a public hearing on March 2, 2016. No comments were received. The Planning Commission recommended approval on a 5-0 vote. NEXT STEP: Staff intends to place the ordinance on a Council agenda in May for action. Draft Subdivision Ordinance April 25, 2016 Page 1 Chapter 26 SUBDIVISIONS* Article I. In General Sec. 26-1. Short title. Sec. 26-2. Purpose of Cchapter. Sec. 26-3. Definitions. Sec. 26-4. Conformance with the Ccomprehensive Pplan. Sec. 26-5. Approvals necessary for acceptance of subdivision plats. Sec. 26-6. Conditions for recording. Sec. 26-7. Building permits. Sec. 26-8. Noise control requirement.Reserved. Sec. 26-9. Exceptions. Combinations, simple divisions, and property line adjustments. Sec. 26-10. Conveyance by metes and bounds. Secs. 26-11--26-40. Reserved. Article II. Administration and Enforcement Sec. 26-41. Nonplatted subdivisions. Sec. 26-42. Subdivision Variances; planning commission recommendations; standards. Sec. 26-43. Violations; penalty. Sec. 26-44. Validity of Cchapter provisions. Sec. 26-45. Amendment process. Secs. 26-46--26-80. Reserved. Article III. Procedures for Filing and Review Sec. 26-81. Sketch plan. Sec. 26-82. Preliminary plat. Sec. 26-83. Final plat. Sec. 26-84. Premature subdivisions. Secs. 26-85--26-120. Reserved. Article IV. Plat and Data Requirements Sec. 26-121. Sketch plan. Sec. 26-122. Preliminary plat. Sec. 26-123. Final plat. Sec. 26-124. Address map.Reserved. Sec. 26-125. Engineering standards for final grading, development and erosion control plans. Secs. 26-126--26-150. Reserved. ---------- *Cross reference(s)--Buildings and building regulations, ch. 6; environment and public health, ch. 12; official map, § 21-31 et seq.; utilities, ch. 32; vegetation, ch. 34; zoning, ch. 36. State law reference(s)--Authority to regulate subdivisions, M.S.A. § 462.358. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 4 Draft Subdivision Ordinance April 25, 2016 Page 2 Article V. Design Standards Sec. 26-151. Consistency. Sec. 26-152. Blocks and lots. Sec. 26-153. Streets and alleys. Sec. 26-154. Easements. Sec. 26-155. Erosion and sediment control. Sec. 26-156. Storm drainage. Sec. 26-157. Protected areas. Sec. 26-158. Park and trail dedication requirements. Sec. 26-159. Tree preservation and replacement. Sec. 26-160. Minimum design features. Secs. 26-161--26-190. Reserved. Article VI. Required Basic Improvements Sec. 26-191. General provisions. Sec. 26-192. Monuments. Sec. 26-193. Street improvements. Sec. 26-194. Future street improvements. Sec. 26-195. Sanitary sewer and water distribution improvements. Sec. 26-196. Public and private utilities. Sec. 26-197. Election by city to install improvements. Sec. 26-198. Railroad crossings. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 5 Draft Subdivision Ordinance April 25, 2016 Page 3 ARTICLE I. IN GENERAL Sec. 26-1. Short title. This Cchapter shall be known as the Subdivision Ordinance of the City of St. Louis Park, and will be referred to as "this Cchapter." (Code 1976, § 14-900) Sec. 26-2. Purpose of this Cchapter. In order to safeguard the best interests of the city and to assist the subdivider in harmonizing the subdivider's interests with those of the city at large, the following regulations are adopted so that the adherence to such regulations will bring results beneficial to both parties. It is the purpose of this Cchapter to make certain regulations and requirements for the platting of land within the city pursuant to the authority contained in the state statutes, which regulations the city council deems necessary for the health, safety and general welfare of this community. (Code 1976, § 14-901) Sec. 26-3. Definitions. The following words, terms and phrases, when used in this Cchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words and terms not defined in this section shall have the same meaning as described in the Chapter 36 - zoning chapter of this Code. Base lot means a lot meeting all the specifications within its zoning district prior to being divided into a two-family or cluster housing subdivision. Block means an area of land within a subdivision that is entirely bounded by streets, or by streets and the entire boundaries of the subdivision, or a combination of such streets and subdivision boundaries with a river or lake, public park, railroad rights-of-way or municipal boundaries. Centerline gradient means the distance vertically from the horizontal in feet and tenths of a foot for each 100 feet of horizontal distance measured at the street centerline. Combination means the joining of two or more parcels. Comprehensive Pplan means the group of maps, charts and texts adopted by the city council as required by the Metropolitan Land Planning Act that make up the comprehensive long range plan of the city. Design standards means the specifications in this Cchapter for the preparation of plats, both preliminary and final, indicating, among other things, the required minimum or maximum dimensions of such items as rights-of-way, blocks, easements and lots. Final plat means a drawing or map of a subdivision, approved by the city council and in such form as required by the county for the purpose of recording. Lot means a parcelportion of land created by a platted subdivision for the purpose, whether immediate or future, of transfer of ownership or possession, or for building development which is Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 6 Draft Subdivision Ordinance April 25, 2016 Page 4 described by a lot number, block number and subdivision name which is on file with the register of deeds of the county. Lot area, minimum, means the minimum lot area required by the Chapter 36-zoning chapter of this Code. Lot improvement means any building, structure, work of art, or other object, or improvement of the land constituting a physical betterment of real property, or any part of such betterment, or any grading of the lot to prepare for the construction of a building. Certain lot improvements shall be properly bonded as provided in the regulations of this chapter. LSWMP, means the City’s Local Surface Water Management Plan which is on file at the City Engineer’s office. Marginal access street means a local street which is parallel to and adjacent to a major thoroughfare or a railroad right-of-way and which provides access to abutting properties. Outlot means a lot remnant or parcel of land, which is intended as open space, drainage or other use, for which no private development is intended. Boundary changes of an outlot shall not be permitted except by replat. Outlot means a parcel of land subject to future platting prior to development, or a parcel of land which is designated for public or private open space, right-of-way, utilities or other similar purpose. Parcel means a legally defined section of land. Parks and playgrounds means public land and open spaces in the city dedicated or reserved for passive or active recreation purposes. Pedestrianway means a public right-of-way, public easement or private easement to provide access for pedestrians. Phased subdivision application means an application for subdivision approval where the subdivider, pursuant to a specific plan proposes to immediately subdivide the property but will develop it in one or more individual phases over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, nonresidential development projects, planned unit developments, mixed-use projects and residential developments. Plat means the drawing or map of a subdivision prepared for filing of record pursuant to M.S.A. ch. 505 and containing all elements and requirements set forth in this Cchapter. Preliminary plat means a tentative drawing or map of a proposed subdivision meeting the requirements enumerated in this Cchapter. Preliminary plat application means an application submitted to the city in accordance with the provisions enumerated in this Cchapter. Premature subdivision means an application for subdivision which cannot be approved until other services are installed or improvements are made to the land. Property line adjustment, means rearranging one or more property lines in such a way that parcels are neither created nor eliminated. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 7 Draft Subdivision Ordinance April 25, 2016 Page 5 Protective covenants means contracts made between private parties as to the manner in which land may be used, with the view to protecting and preserving the physical and economic integrity of any given area. Public improvement means any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. Replat means the combination, recombination or division of one or more lotsparcels or tracts of land which involves land which has previously been platted and which is on file of record with the county pursuant to M.S.A. ch. 505. Any replat unless specifically exempted shall be required to meet all of the requirements of this Cchapter. Right-of-way width means the shortest distance between lines of parcelslots or easements delineating the street rights-of-way. Setback means the shortest distance between a building and the property line nearest thereto. Simple division means the subdivision of a parcel into no more than two parcels. Single-family attached housing means cluster housing, duplexes, or townhouses where each unit has a separate entrance and each unit is located on a separate parcel. Sketch plan means a plan, drawn to scale, which indicates the placement of proposed lots, streets, and building pads for the purpose of identifying requirements and limitations imposed by this chapter, the zoning chapter, and other city ordinances as related to the subdivision of property. Steep slope means a natural topographic feature with an average slope of at least 30%. Street width means the shortest distance between face of curb and face of curb, or if a surmountable curb, the shortest distance between the lowest point of each curb on opposite sides of the street. Subdivider means any individual, firm, association, syndicate, copartnership, corporation, trust or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the land under this Cchapter. Subdivision means the separation of an area, parcel or tract of land under single ownership into two or more parcels, tracts, lots, or long term leasehold interests, where the creation of the leasehold interest necessitates the creation of streets, roads or alleys, for residential, commercial, industrial or other use, or any combination thereof, except those separations: (1) Where all the resulting parcels, tracts, lots or interests will be 20 acres or larger in size and 500 feet in width measured along an existing right-of-way for residential uses and five acres or larger in size and 300 feet in width measured along an existing right-of- way for commercial and industrial uses; or (2) Creating cemetery lots; (3) Resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. Any division of land so decreed which does not meet zoning chapter Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 8 Draft Subdivision Ordinance April 25, 2016 Page 6 requirements of Chapter 36-zoning for lot area, lot width, or which does not have the required frontage on a public right-of-way is not a buildable parcel. Subdivision variance means a variance to design provisions of this Cchapter, but not to provisions of Chapter 36-zoning. of the zoning chapter. Townhouses means dwelling units attached in a single structure, each having a separate private entrance from the exterior of the structure (also see the zoning chapter description for cluster housing). Tract means a parcel created by a registered land survey which is described by a tract designation and a Registered Land Survey Number which is on file with the register of deeds of the county. Unit lots means lots created from the subdivision of a two-family dwelling or a townhouse having different minimum lot size requirements than the conventional base lot within the zoning district. Sec. 26-4. Conformance with the Ccomprehensive Pplan. No subdivision shall be approved by the city council which does not conform to the land use designations, objectives, policies or goals of the Ccomprehensive Pplan. Sec. 26-5. Approvals necessary for acceptance of subdivision plats. Before any plat shall be recorded or be of any validity, it shall be referred to the city planning commission for recommendation and approval by the city council as having fulfilled the requirements of this Cchapter. Sec. 26-6. Conditions for recording. No plat of any subdivision shall be entitled to be recorded in the county recorder's office or have any validity until the plat thereof has been prepared, approved and acknowledged in the manner prescribed by this Cchapter and a resolution approving the final plat has been filed with the county. Sec. 26-7. Building permits. No building permits shall be issued by the city for the construction of any building, structure or improvement to the land or to any parcellot in a subdivision, until all requirements of this Cchapter have been fully complied with. No building permits shall be issued for any outlot, except a building permit for public structures if the parcel is in public ownership. Sec. 26-8. Noise control requirement. Reserved. A subdivision may not be approved that would violate Minnesota Rules, chapter 7030. Sec. 26-9. Exceptions. Combinations, simple divisions, and property line adjustments. Combinations, simple divisions, and property line adjustments shall follow the application and procedures required by this Chapter for a subdivision unless exempted by this Section in which case Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 9 Draft Subdivision Ordinance April 25, 2016 Page 7 the application and procedure for exempt combinations, simple divisions and property line adjustments shall be followed. The following land subdivisions are exempt from articles III and IV of this chapter. Upon request, the zoning administrator shall, within ten days, certify that a proposed subdivision is exempt. (1) Exempt subdivisions. Divisions of land are exempt if all of the following conditions are met: a. The land involved has been previously platted into lots and blocks and is designated in a subdivision plat on file and of record in the office of the county register of deeds or registrar of titles. b. The division involves no more than two previously platted lots. c. The division will not cause the land or any structure on the land to be in violation of this chapter, the zoning chapter of this Code or the building code. d. The subdivision will not involve any new street or road, or the extension of municipal facilities, or the creation of any public improvement. e. The subdivision will not involve any outlot. f. The purpose of the division is to divide a single parcel into two parcels. (2) Procedure for exempted subdivisions. The owners of such lots to be subdivided shall file with the zoning administrator a certificate of survey of the lots to be divided, and pay the required fee, plus any required park dedication. Such certificate of survey shall show the dimensions of the lots, as measured upon the recorded plan, the area of the lots, all corner elevations, all existing structures, including dimensions to existing and proposed property lines, all visible encroachments, all easements of record, and their proposed division. A written description of the separately described tracts which will result from the proposed division shall be included on the survey. If the proposed subdivision complies with all of the requirements of this section, it will be approved by the director of inspections, the planning manager, and the city assessor and forwarded to the county for filing. (a) Exemption. Applications for combinations, simple divisions and property line adjustments shall be exempt from articles III and IV of this Chapter if the following conditions are met: (1) A simple division will result in no more than one additional lot or tract. (2) A combination will combine no more than two parcels. (3) A property line adjustment will relocate a property line without increasing or decreasing the number of parcels. (4) The land involved has been previously subdivided by plat or Registered Land Survey and is on file and of record in the office of the county register of deeds or registrar of titles. (5) The application will not cause the parcel or any structure on the parcel to be in violation of this Code or the building code. (6) With the exception of sidewalks or trails, the application will not involve the construction of any new street or road, or the extension of municipal facilities, or the creation of any public improvement. (7) The application does not involve an outlot. (b) Applications. Applications for exempt combinations, simple divisions, and property line adjustments shall include the following: (1) A completed application and payment of the required application fee. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 10 Draft Subdivision Ordinance April 25, 2016 Page 8 (2) Certificate of survey, showing at a minimum: a. Dimensions of the existing and proposed parcels. b. The area of the existing and proposed parcels. c. All corner elevations. d. All existing structures, including dimensions to existing and proposed property lines. e. All visible encroachments. f. All easements of record. g. The proposed division. h. The legal description of the existing and proposed parcels. (3) A copy of the deed or title of the property. (c) Review. Applications for exempt combinations, simple divisions, and property line adjustments will be deemed complete when they contain all the required information. Complete applications will be approved by the Director of Inspections, the Planning Supervisor, the Engineering Director, and the City Assessor. Approved applications will be forwarded to the county for filing. Sec. 26-10. Conveyance by metes and bounds. No land shall be conveyedance of land in which the land conveyed is described by metes and bounds or by reference to an unapproved registered land survey made after April 21, 1961, or to an unapproved plat made after March 8, 1957. The provision of this section does not apply to the conveyance if the land described: (a) The provision of this section does not apply to the conveyance if the land described: (1) Was a separate parcel of record on March 8, 1957; (2) Was the subject of a written agreement to convey entered into prior to March 8, 1957; (3) Was a separate parcel of not less than 2 1/2 acres in area and 150 feet in width on January 1, 1966; (4) Was a separate parcel of not less than five acres in area and 300 feet in width on July 1, 1980; (5) Is a single parcel of commercial or industrial land of not less than five acres and having a width of not less than 300 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than five acres in area or 300 feet in width; or (6) Is a single parcel of residential or agricultural land of not less than 20 acres and having a width of not less than 500 feet and its conveyance does not result in the division of the parcel into two or more lots or parcels, any one of which is less than 20 acres in area or 500 feet in width. (b) In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the platting authority may waive such compliance by adoption of a Council resolution to that effect and the conveyance may then be filed or recorded. (c) Land conveyed to the city, Hennepin County, the State of Minnesota, or railroads for right- of-way, or any residual land resulting from such conveyance, is not required to be platted. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 11 Draft Subdivision Ordinance April 25, 2016 Page 9 Secs. 26-1110--26-40. Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT* Sec. 26-41. Nonplatted subdivisions. (a) Registered land surveys. All registered land surveys in the city shall be presented to the planning commission in the form of a preliminary plat in accordance with the standards set forth in this Cchapter for preliminary plats, and the planning commission shall first approve the arrangement, sizes and relationships of proposed tracts in such registered land surveys, and tracts to be used as easements or roads should be so conveyed to the city. Unless a recommendation and approval have been obtained from the planning commission and city council, respectively, in accordance with the standards set forth in this Cchapter, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys, and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved. (b) Conveyance by metes and bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the city may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. (b) Subdivision by metes and bounds. Properties described by metes and bounds shall only be further subdivided by plat. A subdivision described by metes and bounds shall not be approved by the City or recorded at the County. Building permits will be withheld for buildings on tracts which have been subdivided without City approval, and the city may refuse to take over tracts or to improve, repair or maintain any improvements on such tracts. Sec. 26-42. Subdivision Variances; planning commission recommendations; standards. (a) Findings. The planning commission may recommend a variance from the minimum standards of this chapter (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the commission shall prescribe any conditions that it deems necessary or desirable for the public interest. In making its recommendations, the planning commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the planning commission finds that all of the following exist: (a) Findings. The planning commission may recommend a variance from the minimum standards of this Chapter when, in its opinion, undue hardship may result from strict compliance. The Planning Commission may not recommend a variance to a procedural provision of this Chapter, or use this provision to recommend a variance to a zoning regulation. In recommending a variance, the commission shall consider: (1) The nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 12 Draft Subdivision Ordinance April 25, 2016 Page 10 (21) There are sSpecial circumstances or conditions affecting the property such that the strict application of the provisions of this Cchapter would deprive the applicant/owner of the reasonable use of the land. (32) The impact the variance will have on the public health, safety and welfare of The granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the vicinity territory in which the property is situated. (43) Topography, drainage or other naturally occurring characteristics of the land that result in an undue hardship preventing the land from being used in a manner typical of land within the vicinity. The variance is to correct inequities resulting from an extreme physical hardship such as topography, etc. (5 4) The variance is not contrary to the intent of the Ccomprehensive Pplan. (b) Prescribing Conditions. The Planning Commission and City Council may prescribe conditions that it deems necessary or desirable for the public interest. (c) City Council Action. After considerations of the planning commission recommendations, the city council may grant variances, subject to subsections (a)(1)--(a)( 45) of this section. (d) Expiration. A variance approved under this section shall expire without further action by the city at such time as the related preliminary plat and/or final plat approval expires. (b) Procedures. (1) Requests for a variance from this chapter shall be filed with the community development director on an application form provided by the city. Such application shall be accompanied by a fee as established by the city council. Such application shall also be accompanied by ten copies of detailed written and graphic materials necessary for the explanation of the request. (2) Upon receiving such application, the community development director shall set a date for a public hearing to coincide with the public hearing for preliminary plat at the planning commission. Notice of such hearing shall be published in the official newspaper at least ten days prior to such hearing, and individual property notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property within 500 feet of the parcel included in the request. (3) The community development director shall refer the application, along with all related information and report, to the city planning commission along with the request for a preliminary plat. (4) The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request during the public hearing. (5) The planning commission and city staff shall have authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning such variance where Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 13 Draft Subdivision Ordinance April 25, 2016 Page 11 such information is declared necessary to ensure preservation of health, safety and general welfare. (6) Within 30 days after the public hearing, the planning commission shall make recorded findings of fact recommending approval or denial of the variance request, together with any conditions of approval it considers necessary to carry out the intent and purpose of this chapter and to protect the public health, safety and welfare. (7) The city council shall not grant a variance until it has received a report from city staff and recommendation from the planning commission or until 60 45 days after the first regular planning commission meeting at which the request was considered. (8) Upon receiving the report and recommendation of the planning commission and city staff, the city council shall place the report and recommendation on the agenda for the next regular meeting or the next meeting at which the preliminary plat is considered. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting. (9) Upon receiving the report and recommendation of the planning commission and city staff, the city council shall make a recorded finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. (10) The city council shall decide whether to approve or deny a request for a variance within 30 days after the first regular city council meeting at which the request was considered. (11) A variance of this chapter shall be by majority vote of the full city council. Sec. 26-43. Violations; penalty. (a) Sale of parcelslots from unrecorded plats or registered land surveys. It shall be a misdemeanor to sell, trade or otherwise convey any lot or parcel of land as a part of any registered land survey, plat or replat of any subdivision or area located within the city unless such registered land survey, plat or replat shall have first been recorded in the office of the recorder of the county. (b) Receiving or recording unapproved subdivisionsplats. It shall be unlawful for a private individual to receive or record in any public office any plans, registered land surveys, or plats of land laid out in building lots and streets, alleys or other portions of the same intended to be dedicated to public or private use, or for the use of purchasers or owners of lots fronting on or adjacent thereto, and located within the city, unless the same shall bear thereon, by endorsement or otherwise, the approval of the city council. (c) Misrepresentations. It shall be a misdemeanor for any person owning an addition or subdivision of land within the city to represent that any improvement upon any of the streets, alleys or avenues of such addition or subdivision or any sewer in such addition or subdivision has been constructed according to the plans and specifications approved by the city council, or has been supervised or inspected by the city, when such improvements have not been so constructed, supervised or inspected. (d) Penalty. Anyone violating any of the provisions of this Cchapter shall be guilty of a misdemeanor. Each day during which compliance is delayed shall constitute a separate offense. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 14 Draft Subdivision Ordinance April 25, 2016 Page 12 Sec. 26-44. Validity of Cchapter provisions. (a) Separability. If any section, subsection, sentence, clause or phrase of this Cchapter is for any reason to be invalid, such decision shall not affect the validity of the remaining portion of this Cchapter. (b) Failure to receive notices. Failure of a property owner to receive a notice shall not invalidate any proceedings as set forth within this Cchapter. Sec. 26-45. Amendment process. No amendment to this Cchapter shall occur without review and recommendation of the planning commission. Secs. 26-46--26-80. Reserved. ARTICLE III. PROCEDURES FOR FILING AND REVIEW Sec. 26-81. Sketch plan. (a) Purpose. In order to ensure that the all applicants are is informed of the procedural requirements and minimum standards of this Cchapter, and the requirements or limitations imposed by other city ordinances, plans and/or policies, prior to the preparation of a preliminary plat, the all applicants shall may present a sketch plan to the community development director prior to submitting an application for a preliminary plat. Similarly, the Community Development Director may require the submission of a sketch plan prior to the submission of a preliminary plat application. (b) Application. Submission of a subdivision sketch plan shall not constitute formal application for plat approval. Approval of the sketch plan shall not be considered binding in regard to subsequent plat review. The Ccommunity Ddevelopment Ddirector, notably in the case of multiphased projects, shall have the authority to refer the sketch plan to the planning commission and/or city council for review and comment. (1) The sketch plan submission shall include, but not be limited to, the following: a. SixAt least 2 copies, and one digital copy of the plat sketch plan at a scale of one inch equals 100 feet or less. The city may require that the sketch plan be provided in metric at a scale not smaller than 1:1200. b. An 8 1/2-inch x 11-inch or 11-inch x 17-inch reduction of the sketch plan. c. Payment of plan review fee. d. Escrow deposit to pay review costs of city staff and consultants. (2) The community development director shall review the sketch plat and respond to the applicant within ten business days for a single phase project and 30 calendar days for a multiphased project. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 15 Draft Subdivision Ordinance April 25, 2016 Page 13 Sec. 26-82. Preliminary plat. (a) Filing. At least six Sixteen copies, and one digital copy of the preliminary plat, as specified by section 26-122 at a scale not less than one inch equals 100 feet and one set of reductions no larger than 11 inches x 17 inches shall be submitted to the Ccommunity Ddevelopment Ddirector. The city may require that plans be submitted in metric at a scale not smaller than 1:1200. The subdivider shall also submit mailing labels for all of property owners located within 500 feet of the subject property obtained from and certified by the county auditor's office. The required filing fees, as established by city council resolution, shall be paid, and any necessary applications for variances from the provisions of this Cchapter shall be submitted with the required fee. The preliminary plat application shall be deemed complete when all the information requirements are complied with. (b) Hearing. The planning commission shall hold a public hearing. Notice of the hearing shall consist of a legal property description and description of request and shall be published in the official newspaper of the city at least ten days prior to the hearing. Written notification of the hearing shall be mailed at least ten days prior to all owners of land within 500 feet of the boundary of the property in question. The planning commission shall conduct the hearing and report its findings and make recommendations to the city council. (c) Technical assistance reports. Upon submission of a complete application for a preliminary plat, the Ccommunity Ddevelopment Ddirector shall immediately forward one copy of the plat to the director of public worksEngineering Director, director of inspections, Ffire Cchief, Ppolice Cchief and to the Ccity Aattorney for examination. Written reports or comments shall be made to the community development director. Such reports shall state recommendations for approval or disapproval of the preliminary plat and what changes are necessary or desirable to make such preliminary plat conform to the requirements of this Cchapter coming within the jurisdiction of such officer or department. (d) Review by other commissions or jurisdictions. The Ccommunity Ddevelopment Ddirector shall refer copies of the preliminary plat to the parks and recreation commission, Minnehaha Creek Watershed District, utility companies, other public service agencies, county, metropolitan, state or other public jurisdictions for their review and comment, where appropriate and when required. (e) Planning commission action. The planning commission shall make a recommendation to the city council following the close of the public hearing. If the planning commission has not acted upon the preliminary plat within 45 days following official receipt by the city of a preliminary plat application, completed in compliance with this Cchapter, the city council may act on the preliminary plat without the planning commission's recommendation. (f) City council action. (1) The city council shall approve or disapprove the preliminary plat within 120 days following receipt by the city of an application for a preliminary plat completed in compliance with this Cchapter unless an extension of the review period has been agreed to by the applicant. If a motion for approval of the preliminary plat fails, the preliminary plat shall be considered denied. The city council may impose conditions and restrictions on the preliminary plat which are deemed appropriate. (2) If the preliminary plat is not approved by the city council, the reasons for such action shall be recorded in the proceedings of the city council. If the preliminary plat is approved, such approval shall not constitute final acceptance of the design. Subsequent approval of the final plat by the city council will be required, including approval of the engineering proposals and other features and requirements as specified by this Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 16 Draft Subdivision Ordinance April 25, 2016 Page 14 Cchapter to be indicated on the final plat. The city council may require such revisions in the preliminary plat and final plat as it deems necessary for the health, safety, general welfare and convenience of the city. (3) If the preliminary plat is approved by the city council, the subdivider must submit the final plat within one year 90 days after such approval or approval of the preliminary plat shall be considered void, unless a request for time extension is submitted in writing within 90 days and approved by the city council. Sec. 26-83. Final plat. (a) Filing. After the preliminary plat has been approved, the final plat shall be submitted for review as set forth in this section. At least three Ten copies, and one digital copy of the final plat at a scale no smaller than one inch equals 100 feet, plus one reduction no larger than 11 inches x 17 inches shall be submitted to the Ccommunity Ddevelopment Ddirector for distribution to appropriate city staff, the planning commission and the city council. The city may require that the final plat be submitted in meters at a scale no smaller than 1:1200. The final plat application shall be deemed complete when all the information requirements, documents and applicable fees enumerated in this Cchapter have been submitted. (b) Staff review. The city staff shall examine the final plat and prepare a recommendation to the planning commission. (c) Planning commission review. The planning commission shall review the final plat within 30 days of the submittal of a complete application. The planning commission shall review the final plat for conformance with the preliminary plat and shall make recommendation to the city council. (d) Approval by the city council. If accepted by the city council, the final plat shall be approved by resolution, which resolution shall provide for the acceptance of all agreements for basic improvements, public dedication and other requirements as indicated by the city council. If denied, the grounds for any refusal to approve a plat shall be set forth in the proceedings of the city council. If a motion for approval of the final plat fails, the final plat shall be considered denied. (e) Special assessments. When any existing special assessments which have been levied against the property described shall be divided and allocated to the respective parcellots in the proposed subdivisionplat, the city assessor shall estimate the clerical cost of preparing a revised assessment roll, filing the same with the county auditor, and making such division and allocation, and upon approval by the city council of such cost, the same shall be paid to the Ccity Cclerk before the final subdivisionplat approval. If the final subdivisionplat is denied, 100 percent of these costs shall be reimbursed to the applicant. (f) Recording final subdivisionplat. If the final plat is approved by the city council, the subdivider shall record it with the county recorder within two years six months after the approval or the approval of the final plat shall be considered void,. At any time, before or after the expiration date, the subdivider may request an extension. The request for extension shall be reviewed by the City Council. If approved, the City Council shall establish a new deadline for recording the plat. If denied, then the plat shall be considered void, and extensions shall no longer be considered. unless a request for time extension is submitted in writing prior to the six-month deadline and approved by the city council. The subdivider shall, immediately upon recording, furnish the Ccity Cclerk with a print and reproducible tracing of the final plat showing evidence of the recording. The subdivider shall also Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 17 Draft Subdivision Ordinance April 25, 2016 Page 15 provide a copy of the final plat on disc in an electronic data format. No building permits shall be let for construction of any structure on any lot in the plat until the city has received evidence of the plat being recorded by the county. In addition, no erosion control permits shall be issued and no utility work or public improvements shall begin until the city has received evidence of the filing of such final plat, or all of the following conditions have been met: (1) The final plat is approved by the city council. (2) A developer's agreement is executed and financial security is in place as required. (3) A final grading plan is approved by the Engineering Ddepartment. (4) An erosion and sediment control plan is approved by the public worksEngineering Ddepartment. (5) A final tree replacement and preservation plan is approved by staff as required. (6) If utility work is requested, final utility plans are approved by the inspections and public worksEngineering Ddepartment. (7) If construction of public utilities is requested, final construction documents are approved by the public worksEngineering Ddepartment. (8) The city receives a copy of the watershed district permit approving the project. Furthermore, that the developer shall accept all risk associated with site work undertaken prior to recording of the final plat, and that any trees removed shall be replaced in accordance with the city's tree replacement and protection preservation ordinance, regardless of whether the site is developed. (g) Recording final plats of multiphased plats. If a preliminary plat is final platted in stages, unless otherwise provided in the development agreement, all stages must be final platted into lots and blocks, not just outlots, within two years after the preliminary plat has been approved by the city council or the preliminary plat of all phases not so final platted within the two-year period shall be void. (h) Simultaneous filing. The city may agree to review the preliminary and final plats simultaneously. Sec. 26-84. Premature subdivisions. (a) Deemed premature. Any subdivision deemed premature pursuant to the criteria listed in this section shall be deemed an incomplete application and shall be denied by the city council. (b1)Condition establishing premature subdivisions. A subdivision shall be deemed premature should any of the following provisions exist: (1)a. Lack of adequate drainage. A condition of inadequate drainage shall be deemed to exist if the proposed subdivision does not conform to the city's LSWMPwater resource management plan. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 18 Draft Subdivision Ordinance April 25, 2016 Page 16 (2)b. Lack of adequate water supply. A proposed subdivision shall be deemed to lack an adequate water supply if the proposed subdivision does not have adequate sources of water to serve the proposed subdivision if developed to its maximum permissible density without causing an unreasonable depreciation of existing water supplies for surrounding areas. (3)c. Lack of adequate roads or highways to serve the subdivision. A proposed subdivision shall be deemed to lack adequate roads or highways to serve the subdivision when: a1. Roads which serve the proposed subdivision are of such a width, grade, stability, vertical and/or horizontal alignment, site distance, and surface condition that an increase in traffic volume generated by the proposed subdivision would create a hazard to public safety and general welfare, or seriously aggravate an already hazardous condition, or when, with due regard to the advice of the county and/or the state department of transportation, as appropriate, such roads are inadequate for the intended use. b2. The traffic volume generated by the proposed subdivision would create unreasonable roadhighway congestion or unsafe conditions on roadshighways existing at the time of the application or proposed for completion within the next two years. c3. The traffic volumes generated by the proposed subdivision exceed those established by any joint powers agreements with other jurisdictions or the travel demand management districts established in Chapter 36 – zoning of this code. the city's zoning chapter. (4)d. Lack of adequate sanitary sewer systems. A proposed subdivision shall be deemed to lack adequate waste disposal systems if there is inadequate sewer capacity in the present system to support the subdivision if developed to its maximum permissible density after reasonable sewer capacity is reserved for schools, planned public facilities, and commercial and industrial development projected for the next five years. (5)e. Inconsistency with capital improvement plans. A proposed subdivision shall be deemed inconsistent with capital improvement plans when improvements and/or services necessary to accommodate the proposed subdivision have not been programmed in the city, the county or other regional capital improvement plans. The city council may waive this criteria when it can be demonstrated that a revision to capital improvement programs can be accommodated or the subdivider agrees to provide the needed improvements. (c2) Regional system service inadequacies. (1)a. Existing conditions. A subdivision may be deemed premature if any of the following conditions set forth are found to exist: a1. The regionally controlled metropolitan sanitary sewer interceptors or wastewater treatment facilities are classified as having inadequate capacity to provide service within the standards of recognized public health and safety. b2. Regional transportation systems are deemed as inadequate to provide service levels within standards of recognized public safety. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 19 Draft Subdivision Ordinance April 25, 2016 Page 17 c3. Storm drainage systems under the jurisdiction of regional watershed districts, the Army Corps of Engineers, the state department of natural resources, state department of transportation, or other such responsible jurisdictions are inadequate to provide service levels within standards of recognized public health and safety or any required permits are denied by these jurisdictions. (2)b. City liability exemption. The city shall be exempted from any liability associated with the preliminary plat, final plat, development agreement or building permit denials, based upon factors and conditions related to regional governmental agency and unit jurisdictions and related service inadequacies. (d3)Burden of establishing. The burden shall be upon the applicant to show that the proposed subdivision or development is not premature. Secs. 26-85--26-120. Reserved. ARTICLE IV. PLAT AND DATA REQUIREMENTS Sec. 26-121. Sketch plan. (a) Sketch plan. Sketch plans shall contain, at a minimum, the following information: (1) Plat boundary. (2) North arrow. (3) Scale. (4) Street layout on and adjacent to the plat. (5) Designation of land use and current or proposed zoning. (6) Significant topographical or physical features. (7) General lot locations and layout. (b8) Preliminary evaluation. Determination by the Community Development Director Preliminary evaluation by the applicant that the subdivision is not classified as premature based upon criteria established in section 26-84. Sec. 26-122. Preliminary plat. (a) Preliminary plat submittal. The subdivider shall prepare and submit an application for all phases of the proposed subdivision that includes the preliminary plat drawing, preliminary utility plan, preliminary grading plan and preliminary tree preservation plan, together with any necessary supplementary information, mailing labels and required fees. The plans shall display dimensions in English and, if required, metric, and shall contain the information set forth in the subsections which follow: (b) Preliminary plat application. The following must accompany the preliminary plat drawing at the time of application: Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 20 Draft Subdivision Ordinance April 25, 2016 Page 18 (1) Identification of portions of property that are registered (torrens). A copy of the certificate of title shall accompany the preliminary plat application. (2) Names and addresses of all persons having property interest and names, addresses, and registration numbers of: a. The developer; b. Architect; c. Landscape architect; d. Engineer; and e. Surveyor. (c1)Preliminary plat drawing. (1)a. Legal description of lands to be subdivided. (2)b. Proposed name of subdivision; names shall not duplicate or too closely resemble names of existing subdivisions within the county. (3)c. Location of boundary lines in relation to a known section, quarter section or quarter- quarter section lines comprising a legal description of the property. (4)d. Graphic scale of plat, not less than one inch to 100 feet or in metric, 1:1200. (5)e. Date and north arrow. (6)f. Existing conditions: a1. Boundary lines, boundary line dimensions, and total acreage of proposed plat, clearly indicated. b2. Existing zoning classifications for land within and abutting the subdivision, including shoreland zoning boundaries or overlay zoning districts, if applicable. c3. The boundaries of any wetlands or floodplains within the proposed plat, clearly indicated. d4. Location, widths and names of all existing or previously platted streets or other public ways, showing type, width and condition of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements and section and corporate lines within the parceltract and to a distance of 150 feet beyond the parceltract. e5. Boundary lines of adjoining unsubdivided or subdivided land, within 150 feet, identified by plat name or ownership, including all contiguous land owned or controlled by the subdivider. (7)g. Proposed design features: a1. Layout of proposed streets showing the right-of-way widths, centerline gradients, typical street sections, and proposed names of streets. The name of any street heretofore used in the city or its environs shall not be used unless the proposed street is a logical extension of an already named street, in which event the same name shall be used. The proposed street name shall not include the word "park." The city council may reject any proposed street name it deems inappropriate. b2. Locations and widths of proposed alleys and pedestrianways. c3. Location, dimension and purpose of all existing and proposed easements, both public and private. d4. Layout, numbers, lot areas and lineal dimensions of lots and blocks, to a degree of accuracy necessary to determine zoning chapter compliance with Chapter 36 - zoning. e5. Minimum front, side street, interior side and rear building setback lines. f6. The lot width at the building setback line. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 21 Draft Subdivision Ordinance April 25, 2016 Page 19 g7. Areas, including streets, alleys, pedestrianways, bikeways, parks and utility easements intended to be dedicated or reserved for public use, including the size of such areas in acres. (2) Preliminary plat application. The following must accompany the preliminary plat drawing at the time of application: a. Identification of portions of property that are registered (torrens). A copy of the certificate of title shall accompany the preliminary plat application. b. Names and addresses of all persons having property interest and names, addresses, and registration numbers of: 1. The developer; 2. Architect; 3. Landscape architect; 4. Engineer; and 5. Surveyor. (d3) Preliminary grading plan. The developer shall submit a preliminary grading and drainage plan which must include the following information: (1)a. North arrow, scale (not less than one inch = 100 feet, or if in metric, 1:1200), and legend. (2)b. Lot and block numbers, house pad location, home style and proposed building pad elevations at garage slab and lowest floor for each lot. (3)c. Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours as solid lines. Existing topography shall extend 150 feet outside of the parcel tract. (4)d. Location of all natural features on the parceltract and to a distance 150 feet from the parceltract. Natural features are considered to include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (5)e. Location of all existing storm sewer facilities, including pipes, manholes, catch basins, ponds, swales and drainage channels within 150 feet of the parceltract. Existing pipe grades, rim and invert elevations, and normal and high water elevations must be included. (6)f. If the plat is located within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown on the plan. (7)g. Spot elevations at drainage break points and directional arrows indicating site, swale and lot drainage. (8)h. Locations, grades, rim and invert elevations of all storm sewer facilities, including ponds, proposed to serve the parceltract. (9)i. Locations and elevations of all street high and low points. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 22 Draft Subdivision Ordinance April 25, 2016 Page 20 (10)j. Street grades shown, with a maximum permissible grade of ten percent and a minimum of 0.5 percent. (11)k. Phasing of grading. (12)l. The location of all oversize nontypical easements. (e4) Erosion control plan. This plan shall incorporate the elements as required by Chapter 12- Environment and Chapter 36-Zoning. the Zoning chapter. (f5) Tree replacement and protection preservation plan. This plan shall incorporate the elements as required by Chapter 36-Zoning. the zoning chapter. (g6) Preliminary utility plan. (1)a. Easements. Location, dimension and purpose of all proposed easements. (2)b. Underground facilities. Location and size of existing sewers, water mains, culverts or other underground facilities within the parceltract and to a distance of 150 feet beyond the parceltract. Such data as grades, invert elevations and location of catchbasins, manholes, gateways, and hydrants shall also be shown. (3)c. Sanitary sewer facilities. Locations, grades, rim and invert elevations, and sizes of all proposed sanitary sewer facilities to serve the tract. (4)d. Hydrants and valves. Location, type and style of all proposed hydrants and valves for the proposed water mains. (h7) Preliminary landscape plan. This plan shall show the proposed tree replacement and landscape requirements set forth in Chapter 36-Zoning. the zoning chapter. (i8) Statement of proposed use. A statement of the proposed use of the land including the type of residential buildings, proposed number of dwelling units, and type of business or industry. This shall be used to determine whether existing roadways and utilities have the capacity to accommodate the development. (j9) Supplementary information. Any or all of the supplementary information requirements set forth in this subsection shall be submitted when deemed necessary by the city staff, consultants, advisory bodies and/or city council. (1)a. Existing conditions to a distance of up to 500 feet from the proposed subdivision tract, including such features as structures, street rights-of-way, natural features, topographical contours, etc. (2)b. Proposed protective covenants, deed restrictions, and commons areas. (3)c. Soil borings atfor locations within the proposed subdivision prepared by a qualified person. (4)d. A survey prepared by a qualified person identifying tree coverage in the proposed subdivision in terms of type, weakness, maturity, potential hazard, infestation, vigor, density and spacing. (5)e. Statement of the proposed use of lots stating type of buildings with number of proposed dwelling units or type of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 23 Draft Subdivision Ordinance April 25, 2016 Page 21 (6)f. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions, shall be shown. Such proposed zoning plan shall be for information only and shall not vest any right in the applicant. If appropriate zoning is not in place, the preliminary plat is deemed to be immature and shall be denied by the city council. g. The subdivider shall be required to submit a sketch plan of adjacent properties so as to show the possible relationships between the proposed subdivision and future subdivisions. All subdivisions shall be required to relate well with existing or potential adjacent subdivisions. (7)h. Where structures are to be placed on large or excessively deep lots which are subject to potential replat, the preliminary plat shall indicate a logical way in which the lots could possibly be resubdivided in the future. (8)i. When the city has agreed to install improvements in a development, the developer will be required to furnish a financial security satisfactory to the city. (9)j. House plans which demonstrate lots to be buildable and the resulting structures compatible in size and character to the surrounding area. (10)k. A comprehensive screening plan which identifies all proposed buffering and screening in both plan and sectional view. (11)l. Preliminary traffic analysis: Analysis shall cover all roadways which will be affected by the proposed plat, including traffic capacities at intersections, current traffic counts, traffic projections from the proposed development, and necessary roadway improvements to accommodate the proposed development. (12)m. Other information deemed appropriate by the city. Sec. 26-123. Final plat. (a) Final plat submittal. The owner or subdivider shall submit a final plat, final grading, development, and erosion control plan, final utility plan, final tree preservation plan, final landscape plan, and other documents as described in this section, together with any necessary supplementary information. (b) Final plat application. The following information shall be submitted as part of the final plat application. All plans shall be prepared in accordance with current city specifications: (1) Final grading plan. (2) Site development plan. (3) Erosion control plan. (4) Final utility plan. (5) Final landscape plan. (6) Final tree replacement and protection plan. (7) A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered (torrens). (8) Address map. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 24 Draft Subdivision Ordinance April 25, 2016 Page 22 (9) Any supplementary information which may be required. (c1) Final plat drawing. The final plat, prepared for recording purposes, shall be prepared in accordance with provisions of state statutes and county regulations, and shall contain the following information: (1)a. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. (2)b. Location by section, township, range, county and state, including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions which must mathematically close. The allowable closure error of any portion of a final plat shall be one foot in 7,500 feet. (3)c. The location and description of all monuments. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. (4)d. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curves, and with all other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points of curve to lot lines. (5)e. Lots and outlots shall be numbered clearly. Blocks are to be numbered, with numbers shown clearly in the center of the block. (6)f. The exact locations, widths and names of all streets to be dedicated. (7)g. Location, width and type of all easements to be dedicated. (8)h. Name and registration number of land surveyor making the plat. (9)i. Scale of the plat shall be 20, 30, 40, 50, 60 or 100 scale, if in English, with the scale written and shown graphically on a bar scale along with the date and north arrow. If the city requires the plat in a metric, acceptable scales shall be provided by the city. (10)j. Title information required on final plat: a1. Statement dedicating all easements as follows: "Easements for installation and maintenance of utilities and drainage facilities are reserved over, under and along the areas marked `drainage and utility easements'." b2. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: "Streets, alleys, and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated." c3. Space for certification by the following parties (to be certified by appropriate parties prior to the city signing the final plat): 1i. Registered surveyor, in the form required by M.S.A. § 505.03, as amended. 2ii. Execution of all owners of any interest in the land, any holders of a mortgage thereon, of the certificates required by M.S.A. § 505.03, as amended, and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the city council. 3iii. Certificates of approval and review to be filled in by the signatures of the mayor and city clerk. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 25 Draft Subdivision Ordinance April 25, 2016 Page 23 The form of approval of the city council is as follows: Approved by the city council of the City of St. Louis Park, Minnesota. This ________ day of _____________, 20________ Signed ___________________________ Mayor Attest, ___________________________ City Clerk Dated this ________ day of ________, 20________ (2) Final plat application. The following information shall be submitted as part of the final plat application. All plans shall be prepared in accordance with current city specifications: a. Final grading plan. b. Site development plan. c. Erosion control plan. d. Final utility plan. e. Final landscape plan. f. Final tree preservation plan. g. A title report prepared by a title company indicating owners and encumbrances on the property and a statement as to which parts of the property are registered (torrens). h. Address map. i. Any supplementary information which may be required. (d3) Title insurance. Prior to the city signing the final plat, the developer shall submit an owner's policy of title insurance which insures the city's interests in the plat, i.e. publicly dedicated streets, sidewalks, easements and the like. Sec. 26-124. Address map.Reserved. (a) Address map required. With submission of the final plat, the applicant shall submit to the community development director ten copies of the plat map showing all addresses on the plat correctly labeled in conformance with all applicable county and city ordinances and policies, which shall subsequently be distributed to the utility companies and local school districts. The zoning administrator shall supply the applicant with addresses for the new plat. Sec. 26-125. Engineering standards for final grading, development and erosion control plans. (a) Final grading plan required. The final grading, development and erosion control plan shall contain and comply with the following information and standards: (1) North arrow. (2) Scale: The scale on the plan must be one of the following, if in English: 1 inch 20 feet 1 inch 30 feet Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 26 Draft Subdivision Ordinance April 25, 2016 Page 24 1 inch 40 feet 1 inch 50 feet Scale to be shown graphically on a bar scale. (3) Symbol key: Key with all line types, symbols, shading and crosshatching denoted. (4) Illustration key: Illustration key showing symbols for all information pertaining to lot and house design, including grades, easements, lot and block, setbacks, etc. (5) Benchmark: The benchmark provided must be based upon the city/county benchmark system established in 1990. Copies of level loops for newly established benchmarks must be provided with the initial submittal of the grading plan. (6) Lines: Subject property's boundary lines, lot lines and right-of-way lines. (7) Adjacent area information: All adjacent plats, parcels, rights-of-way, section lines and existing topography extended a minimum of 150 feet beyond the subject parcel in all directions. (8) Topography: Topography in two-foot contour intervals with existing contours shown as dashed lines and proposed contours shown as solid lines. All existing and proposed contours labeled at each edge of the plan and at appropriate locations within the plan. (9) Natural features: Locations of all existing natural features must be clearly shown. Natural features are considered to include, but are not limited to, the following: tree lines, wetlands, ponds, lakes, streams, drainage channels, bluffs, steep slopes, etc. (10) Storm sewers: Location of existing storm sewer facilities within 150 feet of the subject parcel. (11) Flood elevations: If the property is within or adjacent to a 100-year floodplain, flood elevations and locations must be clearly shown on the plan. (12) Total area: Total area of plat, each lot, outlot and ponding area denoted on plan (tabulation permitted). (13) Direction arrows: Direction arrows indicating site, swale and lot drainage patterns. Spot elevations must be provided at drainage break points. (14) Slope: Maximum slopes created by grading shall be 3:1, except where slopes meet a water body, then the maximum is 4:1. Existing grades which exceed 3:1 may be preserved. (15) Numbers: Lot and block numbers. (16) Lot corners: Proposed lot corner elevations. (17) Names: Street names. (18) Emergency overflow swales: Emergency overflow swales located, labeled and spot elevations. Rear or side lot line swales minimum one percent grade sandy soils, and 1.5 percent grade clay soils. (19) Grades: Percent grades indicated along major drainage swales (more than 12 lots). Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 27 Draft Subdivision Ordinance April 25, 2016 Page 25 (20) Proposed elevations: Proposed elevations at garage floor and lowest floor elevation. Proposed finished ground elevations around home for final grading. The top of the foundation and garage floor of all structures shall be a minimum of 18 inches above the grade of the crown (center) of the street. (21) Style of home: Style of home indicated for each lot, e.g., rambler, split level, walkout, full basement, etc. (22) Building footprints for each lot. (23) High and low points: Finished spot elevations at all high and low points. (24) Cul-de-sac: Locations of all temporary cul-de-sac. (25) Storm sewers: Locations of all proposed storm sewer facilities. (26) Drainage: Maximum of 600 lineal feet of drainage from rear yard areas permitted. Rear yard catchbasins must be installed at the 600-foot mark, or as determined by the director of public worksEngineering Director. (27) Draintile: Location of proposed draintile including cleanout locations and inverts of services to each lot (five feet from the lot line on the downstream side of the lot). Invert information is required only if depth of tile is other than 36 inches city standard depth. (28) Utility easements: Location of all oversized drainage and utility easements. (29) Ponds: All existing and proposed ponds must have normal water level (NWL), 100- year high water level (HWL) shown and total volume (acre feet) of stormwater retention indicated above the NWL. (30) Inlets and outlets: Invert elevation of inlets and outlets into ponds. (31) Tree protectionpreservation: Location of tree protection preservation fencing and limits of clearing and grading clearly shown on plans. (32) Mass grading: Designation of lots to be mass graded and custom graded. (33) Erosion control: Location and details of all structural erosion control measures including, but not limited to, the following: temporary gravel construction access roads, temporary and permanent sediment basins, silt fence, staked bales, storm sewer inlet filters, rock filter dikes, storm sewer outlet protection, erosion control mats, fiber blankets and nettings. (34) Soil stockpiling: Locations of soil stockpile areas with temporary stabilization measures indicated. (35) Seeding: Seeding specifications, including: a. Type of seeding (permanent, temporary, dormant); b. Type of seed and application rate; c. Fertilizer type and application rate; d. Mulch type, application rate and method of anchoring; e. Specifications for the installation and maintenance of erosion control mats, blankets or netting; f. Note requiring seeding to be completed within 48 hours of rough grading with revegetation to occur within 48 hours of fine grading. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 28 Draft Subdivision Ordinance April 25, 2016 Page 26 (36) Lot benching: Standard lot benching detail must be provided. (37) Detail plates: Standard detail plates and maintenance information for each of the measures in this section used must also be included. (38) Grading plan: Requirements for certified grading plan: a. A certified plan must be submitted within 30 days of grading completion. b. The "as constructed" grading plan must include certification by a registered land surveyor or engineer that all ponds, swales and drainageways have been constructed on public easements or land owned by the city. c. The "as constructed" grading plan shall include field verified elevations as the following: 1. Cross sections of ponds. 2. Location and elevations of all swales, drainageways and emergency overflows. 3. All lot corners and center of house pads. Secs. 26-126--26-150. Reserved. ARTICLE V. DESIGN STANDARDS Sec. 26-151. Consistency. Preliminary and final plats may only be approved if they are consistent with the city's Ccomprehensive Pplan and Chapter 36-Zoning. zoning chapter. Preliminary plats may not be approved prior to adoption of any Ccomprehensive Pplan or Chapter 36 – Zoning zoning chapter changes necessary for final plat approval. Sec. 26-152. Blocks and lots. (a) Blocks. (1) Length. In general, intersecting streets determining block lengths shall be provided at such intervals so as to serve cross traffic adequately and to meet existing streets. Where no existing plats control, blocks should not exceed 600 feet nor be less than 300 feet in length, except where topography or other conditions justify a departure from this maxim. In blocks longer than 300 feet, pedestrianways or easements at least ten feet in width through the block may be required near the center of the block. The optimum block shall have a perimeter of 1300 feet. (2) Width. The width of the block shall normally be sufficient to allow two tiers of lots of appropriate depth except where blocks abut a railroad or major thoroughfare where it may have a single tier of lots. Blocks intended for business or industrial use shall be of such width as to be considered most suitable for their respective use, including adequate space for off-street parking and deliveries. (b) Lots. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 29 Draft Subdivision Ordinance April 25, 2016 Page 27 (1) Area and configuration. The minimum lot area, width and depth shall not be less than that established by the Chapter 36 – Zoning zoning chapter in effect at the time of adoption of the final plat. The minimum lot width established by the zoning chapter shall occur at the front setback line and shall be maintained for a continuous one-third of the lot depth. a. Easements established over wetlands and regional utility lines shall be excluded from the calculation of minimum lot area. b. The minimum lot width established by Chapter 36 - Zoning shall occur at the front setback line and shall be maintained for a continuous one-third of the lot depth. (2) Corner lots. The minimum width for a corner lot in residential use shall be ten feet wider than that required for interior lots. (3) Side lot lines. Side lines of lots shall be approximately at right angles to street lines or radial to curved street lines. (4) Frontage. Every lot must have frontage on a city-approved right-of-way other than an alley and have the minimum width measured at the setback line as required in Chapter 36 – Zoning the city zoning chapter. (5) Setback lines. Setback or building lines shall be shown on all lots intended for residential use and shall not be less than the setback required by Chapter 36 – Zoning the city zoning chapter, as may be amended. (6) Build to lines. Build to lines shall be shown on all lots located in those areas where applicable as determined by the Ccomprehensive Pplan or Chapter 36 – Zoning. zoning chapter, as may be amended. (7) Watercourses. Lots abutting a watercourse, wetland, ponding area, drainageway, channel or stream shall have additional depth of at least 30 feet to accommodate easements for public trails and erosion control devices. Buildings shall also conform to any requirements of Chapter 36 – Zoning the zoning chapter for floodplain or other setback requirements. No part of any lot shall be platted within the floodway unless such floodway is left in its natural state, and no clearing, filling, grading, or other changes in the natural contours shall be done except that required or authorized under the subdivision contract or by conditional use permit. (8) Features. In the subdividing of any land, due regard shall be shown for all natural features, such as topography, tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and stability to the proposed development. The subdivision shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion and minimize slopes for roads, sidewalks and trails. (9) Lot remnants. All remnants of lots below minimum size left over after subdividing of a larger parceltract must be added to adjacent lots, rather than allowed to remain as unusable parcels, unless the land is required for public purpose, is designated as an outlot, and has access from a public street. (10) Political boundaries. No plat shall extend over a political boundary. No single lot shall extend over a school district boundary. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 30 Draft Subdivision Ordinance April 25, 2016 Page 28 (11) Frontage on two streets. Double frontage, or lots with frontage on two parallel streets, shall not be permitted except: where lots back on major collector or arterial streets, county or state highways, or where topographic or other conditions render subdividing otherwise unreasonable. Such double frontage lots shall adhere to the following requirements: a. Lot depth. Double frontage lots shall have an additional depth of at least 20 feet in order to allow space for screening along the back lot line. To ensure adequate depth for such screening, except as may be approved by the city council, the following minimum depth requirements shall be required for double frontage lots: District Minimum Lot Depth (feet) R-1 low density single-family 140 R-2 single-family 140 R-3 two-family 140 b. Screening. All screening requirements as regulated Chapter 36 – Zoning by the zoning chapter are satisfactorily met. (12) Lots abutting collector or arterial streets. Turnaround access. Where proposed residential lots abut a collector or arterial street, alleys shall be encouraged for access to off-street parking areas and garages. Where alleys are not feasible, driveways shall have shared access and vehicle turnarounds so that vehicles do not back onto the street. (13) Buffer side yards. a. In the case of side yards involving single-family residential lots which abut major collector or arterial streets, except as may be approved by the city council, lot widths shall be increased at least ten feet above the minimum lot width for the purpose of establishing buffers along the lot line bordering such streets. b. Buffering of side yards bordering major collector or arterial streets shall comply with the requirements as established by Chapter 36 – Zoning. the zoning chapter. (14) Irregular shaped lots. On single-family residential lots which are not rectangular in shape, the developer shall demonstrate to the city an ability to properly place principal buildings and accessory structures upon the site which are compatible in size and character to the surrounding area. (15) Required yard setback infringements. All single-family, two-family and cluster housing residential lots shall be designed in consideration of potentials for to accommodate buildings such as accommodating two-car garages, porches and decks, etc. Such buildings and structures shall be compatible in character with the surrounding area. Sec. 26-153. Streets and alleys. (a) Generally. There shall be a continuous network of streets and alleys within the subdivision which connect with existing streets and alleys. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 31 Draft Subdivision Ordinance April 25, 2016 Page 29 (b) Streets and alleys. Streets and alleys shall be constructed according to the standards and specifications on file in the City Engineers office. (c) Streets, continuous. Except for dead-end streets, aAll streets shall connect with streets already dedicated in adjoining or adjacent subdivisions, or provide for future connections to adjoining unsubdivided parcelstracts, or shall be a reasonable projection of streets in the nearest subdivided parcelstracts. The arrangement of thoroughfares and collector streets shall be considered in their relation to the reasonable circulation of traffic, to topographic conditions, to runoff of stormwater runoff, to public convenience and safety, and in their appropriate relation to the proposed uses of the area to be served. (d) Dead-end streets/alleys. (1) Prohibited. Dead-end streets (temporary or permanent) without turnarounds shall be prohibited. (2) Criteria for construction. Permanent dead-end streets or alleys shall be allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a dead-end street or alley. b. A through street or alley is not physically feasible or desirable due to environmental considerations. (3) Requirements. Permanent dead-end streets or alleys shall not be longer than 500 feet including a terminal turnaround which shall be provided at the closed end. The turnaround design shall be approved by the Engineering Director. (e) Temporary dead-end streets. In those instances where a street is terminated pending future extension in conjunction with future subdivision and more than 200 feet between the dead end and the nearest intersection, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. This temporary cul-de-sac must be placed inside a temporary roadway easement if it is located outside street right-of-way. Security will be required for removal or restoration as determined by the Engineering Director. (fc) Street plans for future subdivisions. Where the plat to be submitted includes only part of the parceltract owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. (d) Temporary dead-end streets. In those instances where a street is terminated pending future extension in conjunction with future subdivision and more than 200 feet between the dead end and the nearest intersection, a temporary turnaround facility shall be provided at the closed end, in conformance with cul-de-sac requirements. This temporary cul-de-sac must be placed inside a temporary roadway easement if it is located outside street right-of-way. Security will be required for removal or restoration as determined by the director of public works. (ge) Provisions for resubdivision of large lots and parcels. When a parceltract is subdivided into larger than normal building lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and openings of future streets and appropriate resubdivision, with provision for adequate utility connections for such resubdivision. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 32 Draft Subdivision Ordinance April 25, 2016 Page 30 (hf) Street intersections. Under normal conditions, streets shall be laid out so as to intersect as nearly as possible at right angles, except where topography or other conditions justify variations. Under normal conditions, the minimum angle of intersection of streets shall be 80 degrees. Street intersection jogbs with an offset of less than 125 feet shall be avoided. (ig) Subdivisions abutting major rights-of-way. Wherever the proposed subdivision contains or is adjacent to the right-of-way of a U.S. or state highway or thoroughfare, provision may be made for a marginal access street approximately parallel and adjacent to the boundary of such right-of- way; provided, however, that due consideration is given to proper circulation design, or for a street at a distance suitable for the appropriate use of land between such street and right-of-way. Such distance shall be determined with due consideration of the minimum distance required for approach connections to future grade separations, or for lot depths. (jh) Sidewalks and multipurpose trailways. All new sidewalks and multipurpose trailways shall be funded consistent with the city's policies and shall be accessible by handicapped persons in accordance with M.S.A. § 471.464. (1) Location. Sidewalks or multipurpose trailways shall be provided on both sides of existing and new streets internal to the subdivision, and on the side of existing or new streets adjacent to the subdivision. both sides of all public streets whether existing or new. Sidewalks shall be provided on at least one side of all dead end streets and private streets. Multipurpose trailways shall be installed in areas identified by the Sidewalk and Trailway Plan, in some instances, the trailway may not be located adjacent to a street. comprehensive plan. (2) Sidewalk and trailway specifications widths. All sidewalks and trailways shall be constructed of concrete and shall conform to the specifications on file at the City Engineers Office and conform to the design standards in the Sidewalk and Trailway Plan. following minimum widths for all new plats: Land Use Street Type Width (feet) Single-family residential Private 5 Single-family residential Local 5 Single-family Collector, arterial 5 Multifamily residential All 6 Cluster housing Private 5 Cluster housing Local 5 Cluster housing Collector, arterial 6 Commercial All 6-8 Industrial All 6 (3) Multipurpose trailways widths. In new plats, unless otherwise directed by the city council, all multipurpose trailways identified by the city's comprehensive plan shall have a minimum width of eight feet and be constructed of bituminous materials. Sufficient area shall be designated on both sides of the multipurpose trail to allow for snow storage and landscaping. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 33 Draft Subdivision Ordinance April 25, 2016 Page 31 (4) Grade. Sidewalks shall slope one-quarter inch per foot away from the property line. (3) Dedication in lieu of construction. In lieu of installing a sidewalk or trailway, the city may require, at its discretion, a cash contribution in an amount listed in the schedule of fees attached as appendix A of this Code. (i) Bicycle lanes. Bicycle lanes shall be encouraged on all streets where either current or projected traffic volumes exceed an average of 3,000 cars per day. (kj) Service access; alleys. Service access shall be provided in commercial and industrial districts for off-street loading, unloading and parking consistent with and adequate for the uses proposed. Alleys shall be encouraged for access to parking in all areas. Alleys, where provided, shall meet the design standards indicated in subsection (s) of this section, street sections. Dead-end alleys shall be avoided wherever possible, but if unavoidable, such dead-end alleys may be approved if adequate turnaround facilities are provided at the closed end. Alleys, where provided, shall meet the design standards on file at the Engineering Department. (k) Half-streets. Dedication of half-streets shall not be considered for approval except where it is essential to the reasonable development of the subdivision and in conformity with the other requirements of the regulations of this section, or where it is found that it will be practical to require the dedication of the other half when the adjoining property is subdivided. (l) Curb and gutter. Curb and gutter shall be included as a part of the required street surface improvement and shall be designed for installation along both sides of all roadways in accordance with the standards of the city. (lm)Compliance with the county transportation plan. All subdivisions incorporating streets which are identified in the county transportation plan, as amended, shall comply with the minimum right-of-way, surfacedstreet width and design standards, as outlined in such plan, and must be reviewed and approved by the county. (n) Street grades. Except when, upon the recommendation of the director of public works, the topography warrants a greater maximum, the grades in all streets, thoroughfares, collector streets, local streets and alleys in any subdivision shall meet those requirements indicated in subsection (s) of this section, street sections. (o) Curb radius. The curb radii for thoroughfares, collector streets, local streets and alleys shall be approved by the public works director. Curb radius for driveways and alleys shall be five feet, except where an alley intersects with another alley and then the curb radius shall be 25 feet. (p) Reverse curves. Minimum design standards for collector and arterial streets shall comply with Minnesota State Aid Standards. (mq)Reserve strips. Reserve strips controlling access to streets shall be prohibited except under conditions accepted by the city council. (nr) Street right-of-way widths. Street right-of-way widths shall conform with those requirements indicated in subsection (s) of this section, the street sections on file in the Engineering Department., for each of the following designated streets: Street Classification Street section Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 34 Draft Subdivision Ordinance April 25, 2016 Page 32 High-density minor arterial Low-density minor arterial C-70, C-110 Major collector C-70, C-110 Minor collector R-60, R-75, C-70 Local streets R-50, R-60, R-75, C-70 Private streets R-22, R-22A, R-50, R-60 Alleys A-22-R, A-26-R, A-30-C (s) Street sections. The street section shall comply with design standards as set forth in this chapter. Typical street sections for various types of development are specified in this subsection. All street designs shall reflect projected traffic volumes and are subject to the review and approval of the director of public works. Land Use Allowable Street Type Single-family attached A-22, A-26, R-24-P, R-24-AP, R-50, R-60, R-75 Single-family detached R-50, R-60, R-75 Multifamily residential A26-R, A30-C, R-60, R-75 Commercial A-30-C, C-70, C-110 Industrial A-30-C, C-70, C-110 Alleys (Lanes) Center Line Gradients Minimum……..0.5% Maximum……8.0% Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 35 Draft Subdivision Ordinance April 25, 2016 Page 33 Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 36 Draft Subdivision Ordinance April 25, 2016 Page 34 Private Residential Streets Center Line Gradients Minimum……0.5% Maximum…...6.0% Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 37 Draft Subdivision Ordinance April 25, 2016 Page 35 Residential Streets Center Line Gradients Minimum……0.5% Maximum…...6.0% Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 38 Draft Subdivision Ordinance April 25, 2016 Page 36 Commercial Streets Center Line Gradients Minimum……0.5% Maximum…...4.0% Type C-110 Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 39 Draft Subdivision Ordinance April 25, 2016 Page 37 (t) Street trees. Street trees shall be planted in accordance with provisions of the zoning chapter. (u) Seeding or sodding. Any areas disturbed within the street right-of-way, at the time of construction, shall be restored with a minimum of four inches of topsoil and shall be seeded or sodded as directed by the director of public works. (v) Cul-de-sac/dead-end streets. (1) Prohibited generally. Dead-end streets (temporary or permanent) without cul-de-sac shall be prohibited. (2) Criteria for construction. Permanent dead-end streets shall be allowed only where one or more of the following criteria have been met: a. Area topography or other physical site conditions warrant a dead-end street. b. A through street is not physically feasible or desirable due to environmental considerations. (3) Requirements. Permanent dead-end streets shall not be longer than 500 feet including a terminal turnaround (cul-de-sac) which shall be provided at the closed end. The cul-de- sac shall have a right-of-way diameter not less than 80 feet and a paved roadway of not less than 70 feet from face of curb to face of curb. (ow) Water supply. Water mains shall be provided to serve the subdivision by extension of an existing public water supplycommunity system wherever feasible. Service connections shall be stubbed into the property line and all necessary fire hydrants, as required by the Ffire Cchief, shall also be provided. Extensions of the public water supply system shall be designed so as to provide public water in accordance with the design standards as approved by the Engineering Directordirector of public works and in accordance with the city's comprehensive water plan. (px) Sewage disposal, public. Sanitary sewer mains and service connections shall be installed in accordance with the design standards of the city as approved by the Engineering Director director of public works. Sec. 26-154. Easements. (a) Width and location. An eEasements for utilities at least ten feet in total width shall be provided along all lot lines. The easements shall be at least 10 feet wide along all street right-of- ways and five feet wide along all interior lot lines, except that the Engineering Director may increase or decrease the width of the easements as required to facilitate existing or proposed developments. If necessary for the extension of main water or sewer lines or similar utilities, or to accommodate drainage, additional easements of greater width may be required along lot lines or across lots. (b) Continuous utility easement locations. Utility easements shall connect with easements established on adjoining properties. (c) Guy wires. Additional easements for pole guys should be provided, where appropriate, at the outside of turns. Where possible, lot lines shall be arranged to bisect the exterior angle so that pole guys will fall along side lot lines. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 40 Draft Subdivision Ordinance April 25, 2016 Page 38 (d) Exclusion from minimum lot area. Easements established over wetlands and regional utility lines shall be excluded from the calculation of minimum lot area. (c e ) Outlot alternative. The city may at its discretion choose to require outlots rather than easements for wetlands, drainage areas and other natural features. These outlots must be designed with access from a public right-of-way. (Code 1976, § 14-933) Sec. 26-155. Erosion and sediment control. The subdivider shall adhere to follow the following requirements for erosion and sediment control requirements found in the zoning Cchapter 12 - Environment and the LSWMP surface water management plan:, (1) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion. (2) Erosion and siltation control measures shall be coordinated with the different stages of construction. Appropriate control measures shall be installed prior to development when necessary to control erosion. (3) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. (4) When soil is exposed, the exposure shall be for the shortest feasible period of time, as specified in the development agreement. (5) Where the topsoil is removed, sufficient topsoil shall be set aside for respreading over the developed area. Topsoil shall be restored or provided to a minimum depth of four inches and shall be of a quality at least equal to the soil quality prior to development. (6) Natural vegetation shall be protected wherever practical. (7) Runoff water shall be diverted to a sedimentation basin before being allowed to enter the natural drainage system. (8) The developer shall comply with current city specifications for erosion and sediment control. (9) Development shall comply with and follow all best management practices for erosion and sedimentation control as specified in the MPCA publication "Protecting Water Quality in Urban Areas," as may be amended, or the applicable publication. Cross reference(s)--Environment and public health, ch. 12. Sec. 26-156. Storm drainage. All subdivision design shall incorporate adequate provisions for stormwater runoff consistent with the city LSWMP surface water management plan (SWMP), as amended, and with established city policies, the policies of Minnehaha Creek the wWatershed dDistrict, and other public agencies, and shall conform to the following standards:. (1) Plan required. The proposed provisions for stormwater runoff shall be documented in a runoff water management plan, prepared by a registered professional engineer to the minimum standards described in subsection (2) of this section. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 41 Draft Subdivision Ordinance April 25, 2016 Page 39 (2) Minimum standards for runoff water management plans. A runoff water management plan shall include the following items: a. A map containing a delineation of the sub-watershed contributing runoff from off-site, and proposed and existing sub-watersheds on-site. The delineation shall conform to the nomenclature of the SWMP and shall indicate any significant departures from the watershed delineation of the SWMP. b. Delineation of existing on-site wetlands, as defined in the Wetland Conservation Act, lakes, streams, shoreland, and/or floodplain areas. c. For waterbodies and channels, a listing of normal (run-out) and calculated ten- year and 100-year elevations on-site for both existing and proposed conditions. d. Stormwater runoff volumes and rates for existing and proposed conditions. e. All hydrologic and hydraulic computations completed to design the proposed stormwater management facilities. Reservoir routing procedures and critical duration runoff events shall be used for design of water storage areas and outlets. f. A checklist of best management practices to demonstrate that, to the maximum extent practical, the plan has incorporated the structural and nonstructural best management practices described in the book "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or the applicable publications. g. A grading plan incorporating overflow routes along streets or drainage easements designed to protect structures from damage due to: 1. Storms in excess of the design storm; or 2. Clogging, collapse or other failure of the primary drainage facilities. h. On-site water storage and water quality detention basins are required in accordance with the city's comprehensive water resource management plan. Copies of the calculations determining the design of the basins shall be submitted with the preliminary plat application. The size and design considerations will be dependent on required water quality and quantity, the imperviousness of the development and the degree to which on-site infiltration of runoff is encouraged. Design of on-site detention basins shall incorporate recommendations from the Nationwide Urban Runoff Program (NURP) and "Protecting Water Quality in Urban Areas," published by the Minnesota Pollution Control Agency, or the applicable publications. Sec. 26-157. Protected areas. (a) Where land proposed for subdivision is deemed environmentally sensitive by the city due to the existence of wetlands, drainageways, watercourses, floodable areas, significant trees, steep slopes or wooded areas, the design of such subdivision shall clearly reflect all necessary measures of protection to ensure against adverse environmental impacts. (b) Based upon the necessity to control and maintain certain sensitive areas, the city shall determine whether such protection will be accomplished through lot enlargement and redesign or dedication of those sensitive areas in the form of outlots that are either deeded to the city or encumbered with a deed restriction protecting the sensitive area. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 42 Draft Subdivision Ordinance April 25, 2016 Page 40 (c) In general, measures of protection shall include design solutions which allow for construction and grading involving a minimum of alteration to sensitive areas. Such measures, when deemed appropriate by the city, may include, but shall not be limited to, the following: (1) The establishment of easements and/or outlots over wetlands, drainageways and watercourses. (2) The implementation of flood control measures. (3) The enlargement of lots or redesign of the subdivision. (4) The submission of a tree replacement and protection preservation plan subject to the review of the planning commission and the approval of the city council. (5) The use of appropriate erosion control measures subject to approval by the Engineering Directordirector of public works. (6) Soil testing to determine the ability of the proposed subdivision to support development. (7) The limitation of development on slopes steeper than 3:1 measured over a horizontal distance of at least 25 feet. (8) Structure conformance to the natural limitations presented by the topography and soil so as to create the least potential of soil erosion. Sec. 26-158. Park and trail dedication requirements. (a) As a prerequisite to subdivision approval, subdividers shall dedicate land for parks, playgrounds, public open spaces and trails and/or shall make a cash contribution to the city's park fund and trail fund, as provided by this section. (b) Land shall be reasonably suitable for its intended use and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and recreation areas shall include size, shape, topography, geology, hydrology, tree cover, access and location. Land with dead trees, trash, junk, pollutants and unwanted structures is not acceptable. (c) The parks and recreation commission shall recommend to the city council the land and/or cash contribution requirements for proposed subdivisions. (d) Any increase in density of subdivisions shall be reviewed by the parks and recreation commission for reconsideration of park land and/or cash contribution requirements. (e) When a proposed park, playground, recreation area, trail or other public ground has been indicated in the city's official map or Ccomprehensive Pplan and is located in whole or in part within a proposed subdivision, it shall be designated as such on the plat and shall be conveyed to the city. If the subdivider elects not to dedicate an area in excess of the land required hereunder for such proposed public site, the city may consider acquiring the site through purchase or condemnation. (f) Land area conveyed or dedicated to the city shall not be used in calculating density requirements of Chapter 36 – Zoning the city zoning chapter and shall be in addition to and not in lieu of open space requirements prescribed in Chapter 36 – Zoning the zoning chapter. (g) The city, upon consideration of the particular type of development, may require larger or lesser parcels of land to be conveyed to the city if the city determines that present or future residents would require greater or lesser land for park and playground purposes. (h) In residential subdivisions where a land dedication is required, the following formula will be used to determine the park land conveyance requirements: Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 43 Draft Subdivision Ordinance April 25, 2016 Page 41 Density: Units Per Acre* Land Dedication Percentage 0 - 2.5 10 percent 2.5+ - 4 11 percent 4+ - 6 13 percent 6+ - 8 15 percent 8+ - 10 17 percent 10+ 20 percent * Street rights-of-way shall be excluded from the density calculations. If the proposed streets are private, actual street width, plus 18 feet shall be deducted. In commercial or industrial plats where a land dedication is required, the following formula will be used to determine the park land dedication: Five percent of the gross area of land being platted. (i) In lieu of a park land dedication, the city may require the following cash contribution: Commercial/industrial 5 percent of current market value of the unimproved land as determined by the city assessor Multifamily dwelling units A fee which shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code Single-family dwelling units A fee which shall be set from time to time by the city and a schedule of such fees is listed in appendix A to this Code (j) The city may elect to receive a combination of cash, land and development of the land for park use. The fair market value of the land the city wants and the value of the development of the land shall be calculated. That amount shall be subtracted from the cash contribution required by subsection (i) of this section. The remainder shall be the cash contribution requirement. (k) Fair market value shall be determined as of the time of filing the preliminary plat in accordance with the following: (1) The city and the developer may agree as to the fair market value; or (2) The fair market value may be based upon a current appraisal submitted to the city by the subdivider at the subdivider's expense. The appraisal shall be made by appraisers who are approved members of the SREA or MAI, or equivalent real estate appraisal societies. (3) If the city disputes such appraisal, the city may, at the subdivider's expense, obtain an appraisal of the property by a qualified real estate appraiser, which appraisal shall be conclusive evidence of the fair market value of the land. (l) Subdividers of land abutting streets that have been designated in the city's comprehensive trail systems plan for the construction of a trail shall be required to pay five-eighths of the cost of constructing the trail. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 44 Draft Subdivision Ordinance April 25, 2016 Page 42 (m) Residential subdividers shall pay a fee in an amount set from time to time by the city and listed in appendix A of this Code per residential dwelling unit for trails. This payment is required whether or not the subdivider is required to construct trails. (n) Planned developments with mixed land uses shall make cash and/or land contributions in accordance with this section based upon the percentage of land devoted to the various uses. (o) Park cash contributions are to be calculated at the time of final plat approval. The city council may require the payment at the time of final plat approval or at a later time under terms agreed upon in the development agreement. Delayed payment shall include interest at a rate set by the city. (p) Cash contributions shall be deposited in the city's park and recreation development fund and shall only be used for park planning, acquisition, park development or public art. (q) Property being replatted with the same number of lots and dwelling units shall be exempt from park and trail dedication requirements if similar requirements were satisfied in conjunction with an earlier platting. If the number of lots or dwelling units is increased, then the park and trail dedication shall be based on the additional lots or the number of dwelling units, whichever is greater, added to the plat. Sec. 26-159. Tree preservation and replacement. The subdivider shall adhere to the tree preservation and replacement requirements found in Chapter 36 – Zoning and Chapter 34 – Vegetation. (a) Generally. All subdividers shall comply with all provisions in the zoning chapter which address the preservation of existing trees and the replacement of trees removed to accommodate grading and construction within the subdivision. Subdividers, however, are encouraged to preserve all healthy trees of significant value even if the trees are less than six inches in diameter. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Tree preservation plan means a plan certified by a forester or landscape architect indicating all of the significant trees in the proposed development or on the lot. The tree preservation plan includes a tree inventory which includes the size, species and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. Tree protection means snow fencing or polyethylene laminar safety netting placed at the dripline of the significant trees to be preserved. The tree protection measures shall remain in place until all grading and construction activity is terminated. (c) Subdividers. (1) Subdividers shall: a. Prepare a tree preservation plan which is certified by a forester or landscape architect and is incorporated on the grading plan. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 45 Draft Subdivision Ordinance April 25, 2016 Page 43 b. Prepare a landscape plan which shows the location, size and species of trees which are to be planted on the site to meet the tree replacement provisions of the zoning chapter. c. Provide surety in accordance with the zoning chapter requirements as part of the development contract to ensure protection and tree replacement prior to final approval of the final plat. d. Ensure the tree preservation plan is followed during the plan development (mass grading). (2) During preliminary plat review, the tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. (3) After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall: a. Certify in writing to the city the tree preservation plan was followed. b. Certify in writing to the city the tree protection measures were installed. c. Indicate which significant trees proposed to be saved were destroyed or damaged. (4) If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the tree replacement calculations required by the zoning chapter will be adjusted and additional replacement will be required. (5) The financial security will be released in accordance with provisions in the zoning chapter. (d) Tree preservation measures. Tree preservation measures shall require written approval from the director of public works prior to removal and shall not be removed from the site until the director of public works has approved the grading as-built plans for a mass graded site nor prior to the release of financial securities held by the city. (e) Home builders. (1) If the subdivider sells lots to individual builders or developers, the builder or developer shall comply with the requirements of the zoning chapter for tree preservation prior to issuance of any building permits on the lot. (2) A pro rata portion of the surety paid by the subdivider may be returned, provided that it is replaced by a surety from the builder. (3) If a lot remains vacant for a period of two years, the surety may be returned to the subdivider if all of the trees have been replaced in accordance with the zoning chapter requirements. Any subsequent development of the parcel will require compliance with the provisions of the zoning chapter for tree preservation and protection. Cross reference(s)--Vegetation, ch. 34. Sec. 26-160. Minimum design features. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 46 Draft Subdivision Ordinance April 25, 2016 Page 44 The design features set forth in this article are minimum requirements. The city may impose additional or more stringent requirements concerning lot size, streets and overall design as deemed appropriate considering the property being subdivided. Secs. 26-161--26-190. Reserved. ARTICLE VI. REQUIRED BASIC IMPROVEMENTS Sec. 26-191. General provisions. (a) Before a final plat is signed by the city, the subdivider shall pay all applicable fees and enter into a development contract setting forth the conditions under which the plat is approved, unless the city council deems a development contract to be unnecessary. (b) Before a final plat is signed by the city, the subdivider shall also furnish the city financial security in the form of a cash escrow or letter of credit. If the subdivider fails to perform any obligations under the development contract, the city may apply the security to cure the default. Terms for return of the financial security shall be those set forth in the Chapter 36 – Zoning zoning chapter or shall be set forth in the development contract. (1) If the developer is to install public improvements, the required security shall be the sum of the following fixed or estimated costs: 125% of the cost of the public and private improvements to be constructed as part of or as a result of the plat. a. Utilities. b. Streets. c. Streetlights and, if the city council deems appropriate, operating cost for two years. d. Erosion control. e. Engineering, to include the developer's design, surveying and inspection. f. Landscaping. g. Principal amount of special assessments previously levied against the property, together with one year of interest. h. Real estate tax for one year, if there are special assessments. i. Director of public works' fees. j. Placement of iron monuments. k. Sidewalks. l. Utility/street repair and street cleaning. m. Public and private tree replacement and protection. n. Other items as deemed appropriate. (2) If the city is to install public improvements, the required security shall be the sum of the following fixed or estimated costs: Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 47 Draft Subdivision Ordinance April 25, 2016 Page 45 a. Principal amount of special assessments for public improvements to be installed, together with one year of interest. b. Streetlights. c. Erosion control. d. Deferred park dedication charges on commercial and industrial property. e. Landscaping. f. Real estate tax for one year. g. Principal amount of special assessments previously levied against the property, together with one year of interest. h. Placement of iron monuments. i. Utility/street repair and street cleaning. j. Public and private tree replacement. k. Other items as deemed appropriate. (3) For private improvements, the required security shall be the sum of the following fixed or estimated costs: a. Erosion control, unless bonded separately. b. Private utility services in public right-of-way. c. Tree replacement and protection. d. Utility/street repair and street cleaning. e. Sidewalks. f. Placement of iron monuments. g. Other items as deemed appropriate. (c) No final plat shall be approved by the city council without first receiving a report from the director of public works that the improvements described therein together with the agreements and documents required under this section, meet the city's requirements. The city treasurer shall certify that all fees and sureties required to be paid to the city in connection with the plat have been paid or that satisfactory arrangements have been made for payment. (cd) The city shall, where appropriate, require of a subdivider submission of a warranty/maintenance bond in the amount equal to the original cost of the improvements or such lesser amount as agreed to by the director of Engineering Director public works. The required warranty period for materials and workmanship from the utility contractor installing public sewer and water mains shall be two years from the date of final acceptance or one year following final acceptance of the final bituminous wearing surface as approved by the director of Engineering Director public works. The required period for sod, trees and landscaping is one year following final acceptance of the project. (de) Reproducible as-built drawings, as required by the director of Engineering Director public works, shall be furnished to the city by the subdivider of all required improvements. Such as-built Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 48 Draft Subdivision Ordinance April 25, 2016 Page 46 drawings shall be certified to be true and accurate by the registered engineer responsible for the installation of the improvements. (ef) All of the required improvements to be installed under the provisions of this chapter shall be approved by and subject to the inspection of the director of Engineering Directorpublic works. All of the city's expenses incurred as the result of the requiredment improvements shall be paid either directly, indirectly or by reimbursement to the city by the subdivider. Sec. 26-192. Monuments. (a) Official monuments, as designated and adopted by the county surveyor's office for use as judicial monuments, shall be set at each corner, angle or curve points on the outside boundary of the final plat or in accordance with a plan as approved by the director of public worksEngineering Director. The boundary line of the property to be included with the plat to be fully dimensioned; all angles of the boundary excepting the closing angle to be indicated; all monuments and surveyor's irons to be indicated; and each angle point of the boundary perimeter to be so monumented. (b) Pipes or steel rods shall be placed at each lot within one year of recording the final plat. All United States, state, county or other official benchmarks, monuments or triangular stations in or adjacent to the property shall be preserved in precise position and shall be recorded on the plat. All lot and block dimensions shall be shown on the plat, and all necessary angles pertaining to the lots and blocks, as an aid to future surveys, shall be shown on the plat. No ditto marks will be permitted in indicating dimensions. (c) To ensure that all irons and monuments are correctly in place following the final grading of a plat and construction of utilities, financial security will be required as determined by the director of Engineering Director public works. Proof of the second monumentation shall be in the form of a surveyor's certificate, and this requirement shall additionally be a condition of certificate of occupancy as provided for in Chapter 36 – Zoning. the city zoning chapter, as may be amended. Sec. 26-193. Street improvements. (a) The full width of the right-of-way shall be graded in accordance with the provisions for construction as outlined in article V of this chapter, on file in the City Engineers Department and as modified by the City Council subdivision approval. (b) All streets shall be improved in accordance with the standards and specifications for street construction as required by this chapter and by the city council. (c) All streets to be surfaced shall be of an overall width in accordance with the standards and specifications for construction as required by this chapter and as approved by the city council. The portion of the right-of-way outside the area surfaced shall be sodded. (d) Where required, the curb and gutter shall be constructed in accordance to the standards and specifications for street construction as set forth and approved by the city council. (e) The grading and drainage requirements for each plat shall be approved by the Engineering Director director of public works at the expense of the applicant. Every plat presented for final signature shall be accompanied by a report from the Engineering Director director of public works that the grading and drainage requirements have been met. No plat shall be approved before an adequate stormwater disposal plan is presented and approved by the Engineering Director director Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 49 Draft Subdivision Ordinance April 25, 2016 Page 47 of public works. The use of dry wells for the purpose of stormwater disposal is at the discretion of the Engineering Directordirector or public works. (f) Trees and boulevard sodding shall be planted in conformance with the standards and specifications as required by Chapter 36 – Zoning the zoning chapter and the approved landscape plan. (g) Street signs of the design approved by the city council shall be installed at each street intersection. (h) Driveway approaches and sidewalks of standard design or pedestrian pathways as may be required by this chapter and the city council shall be installed. (i) Street lighting fixtures as may be required by the city council shall be installed. Cross reference(s)--Streets, sidewalks and other public places, ch. 24. Sec. 26-194. Future street improvements. As a condition of plat approval, when property being platted is adjacent to existing collector roads, highways or substandard streets which need improvement, the developer shall dedicate land for the widening or improvement and shall post a cash escrow acceptable to the city for the cost of the improvement. This section shall only apply when the need for the improvement is caused by the plat or surrounding development. Cross reference(s)--Streets, sidewalks and other public places, ch. 24. Sec. 26-195. Sanitary sewer and water distribution improvements. Sanitary sewers and water facilities shall be installed in accordance with the standards and specifications as required by the city council and subject to the approval of the Engineering Director director of public works. Cross reference(s)--Utilities, ch. 32. Sec. 26-196. Public and private utilities. Telephone, cable TV, electric, gas, plus all other utility service lines are to be placed underground in accordance with the provisions of all applicable city ordinances. Sec. 26-197. Election by city to install improvements. It is the subdivider's responsibility to install all required improvements, except that the city reserves the right to elect to install all or any part of the improvements required under the provisions of this chapter pursuant to M.S.A. ch. 429, as amended. If the city elects to install the improvements, the city may require the developer to post a cash escrow or letter of credit guaranteeing payment of the assessments. Sec. 26-198. Railroad crossings. No street dedications will be accepted which require a crossing of a railroad unless sufficient land as determined by the city council is dedicated to ensure a safe view. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 50 EXCERPT OF OFFICIAL MINUTES PLANNING COMMISSION ST. LOUIS PARK, MINNESOTA MARCH 2, 2016 – 6:00 p.m. COUNCIL CHAMBERS MEMBERS PRESENT: Lynne Carper, Claudia Johnston-Madison, Torrey Kanne, Richard Person, Carl Robertson, Ethan Rickert (youth member) MEMBERS ABSENT: Lisa Peilen, Joe Tatalovich STAFF PRESENT: Sean Walther, Gary Morrison OTHER: Jeff Miller, HKGi Planning Consultant 1. Call to Order – Roll Call 2. Approval of Minutes: None 3. Public Hearings B. Amendments to the Subdivision Ordinance Applicant: City of St. Louis Park Case No.: 16-05-ZA Gary Morrison, Assistant Zoning Administrator, presented the staff report. The intent of the amendments are to update the design standards and make clarifications. He discussed proposed changes. The proposed ordinance was presented to the Planning Commission at study sessions on February 3 and February 17, 2016. He discussed one new clarification which doesn’t appear in the staff report regarding publicly owned property exemption. The new language narrows the process to right-of-way land only. Commissioner Robertson asked about the rules for easements in the subdivision process. Mr. Morrison said it is stated that easements are required but may be modified by the Engineering Department. The Chair opened the public hearing. No one was present wishing to speak. The Chair closed the public hearing. Commissioner Carper made a motion recommending approval of the amendments to the Subdivision Ordinance. Commissioner Person seconded the motion, and the motion passed on a vote of 5-0. Study Session Meeting of April 25, 2016 (Item No. 3) Title: Subdivision Ordinance Amendment Page 51 Meeting: Study Session Meeting Date: April 25, 2016 Written Report: 4 EXECUTIVE SUMMARY TITLE: Update on Grant Applications RECOMMENDED ACTION: No action at this time. The purpose of this report is to update the City Council/EDA regarding proposed grant applications to the Metropolitan Council Tax Base Revitalization Account, Hennepin County Environmental Response Fund and DEED Contamination Cleanup and Investigation Grant Fund. POLICY CONSIDERATION: Does the City Council/EDA support submitting grant applications to assist in environmental cleanup for the properties outlined below? An authorizing resolution will be requested for each application on May 2. SUMMARY: Three proposed redevelopments -The Parkdales, Parkway 25 and Morries Automotive - are in various stages of project planning approvals with the city. All three developers have discovered that their sites are impacted with soil contamination or the buildings require asbestos and lead removal. A summary of each proposed redevelopment project and cleanup request is attached. To assist with cleanup costs, the developers are requesting that the EDA apply for approximately $2,652,000 in grants from Hennepin County, the Metropolitan Council and DEED on their behalf. Environmental grants for contamination cleanup are awarded semi-annually. These grant applications are due in early May (grant applications are due May and November). Each grant requires a resolution from the governing body of the city where the project site is located indicating that it supports the project. Grant awards are typically announced in July. An authorizing resolution for each grant application will be brought to the EDA for consideration at the May 2nd meeting. FINANCIAL OR BUDGET CONSIDERATION: The EDA is the designated applicant for each grant but has no financial obligations other than to serve as the conduit for the grants. The DEED grants require the applicant or other local source to pay for 25 percent of the project cost as a local match to obtain a cleanup grant. Of this local match, the applicant must pay 12 percent of the cleanup costs from the municipality’s general fund, a property tax levy or other unrestricted money available to the municipality. This 12 percent cannot include funds from other grant sources. The Developers have agreed to pay this cost. No funds are being requested from the EDA in connection with these grant applications. 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 Prepared by: Julie Grove, Economic Development Specialist Reviewed by: Greg Hunt, Economic Development Coordinator Michele Schnitker, Housing Supervisor/Deputy CD Director Approved by: Tom Harmening, City Manager Study Session Meeting of April 25, 2016 (Item No. 4) Page 2 Title: Update on Grant Applications DISCUSSION BACKGROUND: PARKDALE DEVELOPMENT The Excelsior Group recently purchased the Parkdale office development for $40 million. It is located in the southwest quadrant of I-394 and Minnesota Hwy. 100 in St. Louis Park’s West End District. Parkdale Center, formerly the Gambles Building, is a Class B office building totaling 198,939 square feet. It was constructed in 1968 as the corporate headquarters of Gamble-Skogmo Inc., the parent of Red Owl Grocery, Snyder Drug, and several other retail companies. In approximately 1980, Gamble-Skogmo vacated the building. In subsequent years, the building was re-branded as Parkdale Center, and it was re-leased as a multi-tenant office building. Presently, two office tenants and a large HealthPartners clinic occupy approximately 45% of the overall building. The remaining space is vacant. The Excelsior Group plans to invest up to $12.5 million on building and site renovations. Given its age, Parkdale Center is in significant need of renovation in order to attract and serve the needs of today’s office users. The scope of the renovation project includes replacement of all windows and window frames, removal of some exterior brick and staircases, construction of a new entry and lobby, building renovations, construction of a new patio area and installation of a new energy management system. During its due diligence, The Excelsior Group discovered asbestos–containing materials and lead in portions of the building. A Tax Base Revitalization Account grant is being sought from the Metropolitan Council to offset costs for abatement of asbestos and lead that will be encountered during the renovation project. The estimated cost associated with asbestos and lead abatement for the project is $1,472,000. PARKWAY 25 Sela Group recently acquired the Vescio Cucina Restaurant and Valu Stay Inn sites at 4001 County Road 25 and 4025 Highway 7 respectively. The city has received PUD and Plat applications from Sela Group to redevelop the properties with a five-story, mixed-use building. The proposed development consists of 105 market rate apartment units and 14,500 square feet of ground floor commercial/office space (approximately 1,000 square feet of that space is being marketed for a coffee shop) on a combined 1.57 acre parcel. The development includes surface and underground parking and outdoor amenity space. Staff is currently evaluating the applications for completeness. At this point the developer is not requesting financial assistance from the EDA. A neighborhood meeting was held January 18th for this redevelopment project. A public hearing for the PUD and Plat will be held in late May at Planning Commission. It is anticipated that City Council will consider the applications in late June. The redevelopment of the Parkway 25 site will entail the environmental cleanup of building materials and contaminated soil. These cleanup-related tasks include abating the asbestos/lead- based paint from the existing structures, demolition of the existing structures, removal and disposal of identified contaminated soil and associated suspected wood foundation piles, clean fill import, environmental reporting/monitoring/consultation and the associated Minnesota Pollution Control Agency oversight fees. The total cleanup costs are estimated to be approximately $550,000. Grant funds are being requested from the Department of Employment and Economic Development (DEED) Cleanup Grant, the Metropolitan Council Tax Base Revitalization Account (TBRA) Contamination Cleanup Grant, and the Hennepin County Study Session Meeting of April 25, 2016 (Item No. 4) Page 3 Title: Update on Grant Applications Environmental Response Fund. It should be noted that approving authorizing resolutions for the grants does not mean the EDA/City Council is or will approve the PUD and Plat applications. Any future project on the site will have to remove the contaminated soil and building materials prior to redevelopment. MORRIES AUTOMOTIVE Morrie’s Automotive plans to add a Lincoln dealership next to its existing Hyundai dealership on Wayzata Boulevard. The proposed Morrie’s dealership consists of two adjoining parcels totaling 2.76 acres developed with the former Bennigans and Woodfire Grill restaurants; located at 6475 and 6501 Wayzata Boulevard in St. Louis Park. The two buildings located on site were constructed in 1967 and 1977 and are currently vacant. The proposed redevelopment includes demolition of the two existing buildings and construction of a 21,632 square foot slab-on-grade auto dealership building, asphalt parking lots, utilities and a storm water retention system. A Conditional Use Permit (CUP) for a new car dealership (originally for a Kia dealership) on this site was approved in November 2014, and the CUP was extended in November 2015. Construction is anticipated late this summer. The site and surrounding areas were formerly occupied by wetlands until the mid-1940s when fill materials were imported to the site. Several environmental investigations have been completed to date and have indicated that fill materials, including wood, metal, brick and concrete debris were buried at the site. Investigations also found that the fill soils were impacted with high levels of petroleum product and other hazardous substance impacts to the soils and groundwater. Depths of the fill material were reported up to 15 feet below ground surface. In addition, asbestos containing materials have been identified in the existing structures. To help offset the additional costs related to the environmental contamination during redevelopment, approximately $630,000 total in grants funds are being requested. The grant funds are being requested from a combination of the Department of Employment and Economic Development (DEED) Cleanup Grant, the Metropolitan Council Tax Base Revitalization Account (TBRA) Contamination Cleanup Grant, and the Hennepin County Environmental Response Fund. NEXT STEPS: If there are no objections, staff will proceed with the following schedule:  May 2, 2016: The grant applications are due.  May 2, 2016: Authorizing resolutions for each grant will be presented at the EDA meeting.  May 3, 2016: Staff will submit the authorizing resolutions to each granting agency.  July 2016: Grant awards will be announced. Meeting: Study Session Meeting Date: April 25, 2016 Written Report: 5 EXECUTIVE SUMMARY TITLE: March 2016 Monthly Financial Report RECOMMENDED ACTION: No action required at this time. POLICY CONSIDERATION: None at this time. SUMMARY: The Monthly Financial Report provides a summary of General Fund revenues and departmental expenditures and a comparison of budget to actual throughout the year. FINANCIAL OR BUDGET CONSIDERATION: Actual expenditures should generally run at about 25% of the annual budget in March. General Fund expenditures are at approximately 23.2% of the adopted budget at the end of March. Revenues are harder to measure in this same way due to the timing of when they are received, examples of which include property taxes and State aid payments (Police & Fire, DOT/Highway User Tax, PERA Aid, etc.). A few brief comments on specific variances are noted below. Revenues: License and permit revenues are at 41.3% of budget due to the fact that the majority of the 2016 business and liquor license payments have already been collected, which is consistent with previous years. Permit revenue is at 25.3% through March. Expenditures: The only expenditure variance is Organized Recreation at 32.5%. This is a temporary variance because the full 2016 Community Education contribution of $187,400 was paid to the school district in January. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Summary of Revenues & Expenditures Prepared by: Darla Monson, Senior Accountant Reviewed by: Steven Heintz, Interim Controller Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Summary of Revenues & Expenditures - General Fund As of March 31, 201620162016201420142015201520162016 Balance YTD Budget BudgetAudited Budget Unaudited Budget Mar YTD Remaining to Actual %General Fund Revenues: General Property Taxes21,157,724$ 21,176,542$ 22,364,509$ 22,653,095$ 23,597,282$ -$ 23,597,282$ 0.00% Licenses and Permits2,691,518 3,413,682 3,248,158 4,312,700 3,496,177 1,443,586 2,052,591 41.29% Fines & Forfeits320,150 369,545 320,200 263,951 341,200 58,917 282,283 17.27% Intergovernmental1,282,777 1,423,642 1,292,277 1,551,428 1,419,017 335,441 1,083,576 23.64% Charges for Services1,857,718 1,852,274 1,907,292 2,116,313 1,956,593 306,980 1,649,613 15.69% Miscellaneous Revenue1,112,369 1,302,160 1,196,018 1,357,373 977,546 284,659 692,887 29.12% Transfers In1,837,416 1,827,564 1,851,759 1,867,398 1,872,581 465,645 1,406,936 24.87% Investment Earnings150,000 119,831 140,000 68,908 140,000 - 140,000 0.00% Other Income17,950 13,306 17,900 61,025 27,450 3,397 24,053 12.37% Use of Fund Balance286,325 - 254,891 - 254,891 0.00%Total General Fund Revenues30,427,622$ 31,498,546$ 32,624,438$ 34,252,191$ 34,082,737$ 2,898,625$ 31,184,112$ 8.50%General Fund Expenditures: General Government: Administration939,391$ 980,087$ 979,183$ 1,012,841$ 1,037,235$ 218,975$ 818,260$ 21.11% Accounting876,216 873,987 912,685 902,901 933,624 228,410 705,214 24.46% Assessing559,749 560,979 602,299 601,687 641,038 152,910 488,128 23.85% Human Resources693,598 788,823 805,929 857,950 748,718 185,658 563,060 24.80% Community Development1,151,467 1,118,444 1,245,613 1,253,687 1,385,036 315,324 1,069,712 22.77% Facilities Maintenance1,053,715 1,039,699 1,094,836 1,072,749 1,115,877 264,132 851,745 23.67% Information Resources1,456,979 1,406,187 1,468,552 1,380,149 1,564,128 354,144 1,209,984 22.64% Communications & Marketing566,801 562,063 635,150 571,815 608,228 138,800 469,428 22.82% Community Outreach8,185 6,680 24,677 22,380 25,587 4,871 20,716 19.04% Engineering506,996 223,491 492,838 381,148 549,251 76,696 472,555 13.96%Total General Government7,813,097$ 7,560,440$ 8,261,762$ 8,057,308$ 8,608,722$ 1,939,920$ 6,668,802$ 22.53% Public Safety: Police7,571,315$ 7,769,592$ 8,511,557$ 8,248,745$ 8,698,661$ 2,176,666$ 6,521,995$ 25.02% Fire Protection3,458,161 3,535,716 3,722,396 3,759,386 4,030,153 960,677 3,069,476 23.84% Inspectional Services2,006,200 1,867,618 2,139,325 2,002,445 2,216,075 540,294 1,675,781 24.38%Total Public Safety13,035,676$ 13,172,927$ 14,373,278$ 14,010,577$ 14,944,889$ 3,677,636$ 11,267,253$ 24.61% Operations & Recreation: Public Works Administration222,994$ 236,304$ 232,437$ 213,383$ 241,304$ 57,804$ 183,500$ 23.95% Public Works Operations2,625,171 2,571,496 2,763,735 2,388,560 2,907,781 689,003 2,218,778 23.70% Organized Recreation1,290,038 1,277,046 1,304,470 1,360,454 1,431,260 465,585 965,675 32.53% Recreation Center1,543,881 1,561,224 1,591,115 1,575,042 1,602,935 280,798 1,322,137 17.52% Park Maintenance1,445,813 1,412,612 1,550,033 1,513,700 1,634,249 346,450 1,287,799 21.20% Westwood531,853 508,576 564,055 560,744 576,173 134,500 441,673 23.34% Natural Resources433,750 379,193 472,049 377,617 479,408 54,948 424,460 11.46% Vehicle Maintenance1,285,489 1,323,358 1,333,520 1,118,048 1,358,946 266,624 1,092,322 19.62%Total Operations & Recreation9,378,989$ 9,269,808$ 9,811,414$ 9,107,547$ 10,232,056$ 2,295,710$ 7,936,346$ 22.44% Non-Departmental: General 4,000$ 7,562$ -$ 123,720$ 30,351$ 7,587$ 22,764$ 0.00% Transfers Out- 1,050,000 - 2,194,245 - - 0.00% Contingency195,860 13,834 177,984 14,438 266,719 266,719 0.00%Total Non-Departmental199,860$ 1,071,396$ 177,984$ 2,332,403$ 297,070$ 7,587$ 289,483$ 2.55%Total General Fund Expenditures30,427,622$ 31,074,572$ 32,624,438$ 33,507,835$ 34,082,737$ 7,920,854$ 26,161,883$ 23.24%Study Session Meeting of April 25, 2016 (Item No. 5) Title: March 2016 Monthly Financial Report Page 2 Meeting: Study Session Meeting Date: April 25, 2016 Written Report: 6 EXECUTIVE SUMMARY TITLE: First Quarter Investment Report (Jan – Mar 2016) RECOMMENDED ACTION: No action required at this time. POLICY CONSIDERATION: None at this time. SUMMARY: The Quarterly Investment Report provides an overview of the City’s investment portfolio, including the types of investments held, length of maturity, and yield. FINANCIAL OR BUDGET CONSIDERATION: The total portfolio value at March 31, 2016 is approximately $51.1 million. About 70% of the portfolio is in longer term investments that include U.S. Treasury notes, Federal agency bonds, municipal debt securities, and certificates of deposit. The remainder is held in money market accounts and commercial paper for future cash flow needs. The overall yield is at 1.01%, which is up from .79% at the end of 2015. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Investment Portfolio Summary Prepared by: Darla Monson, Senior Accountant Reviewed by: Steven Heintz, Interim Controller Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Study Session Meeting of April 25, 2016 (Item No. 6) Page 2 Title: First Quarter Investment Report (Jan – Mar 2016) DISCUSSION BACKGROUND: The City’s investment portfolio is focused on short term cash flow needs and investment in longer term securities. This is done in accordance with Minnesota Statute 118A and the City’s Investment Policy objectives of: 1) Preservation of capital; 2) Liquidity; and 3) Return on investment. PRESENT CONSIDERATIONS: The total portfolio value decreased by approximately $12.7 million in the first quarter of 2016 from $63.8 million at 12/31/2015 to $51.1 million at 3/31/2016. Money market balances decreased by about $20 million as cash was needed for the February 1 debt service payments and Pay As You Go TIF note payments, the purchase of a parcel from Clear Channel, and contract payments on the meter project, as well as the on-going cash flow needs for payroll and general operating expenses. Some cash was also converted to commercial paper and longer term securities as staff began working with PFM Asset Management to help manage the portfolio. The overall yield of the portfolio increased to 1.01% from .79% at 12/31/2015. Cities generally use a benchmark such as the two year Treasury (.73% at 3/31/2016) or some similar measure for yield comparison of their overall portfolio. The increase is primarily due to the spend down of cash in the lower yielding money market accounts, however, money market rates did also increase slightly in the first quarter. Money market balances currently make up less than 30% of the overall portfolio compared to approximately 54% at the end of the year. The remaining proceeds from the 2014 bonds issued in December 2014 total just over $3 million of the money market balance and is expected to be spent within the next 9 to 12 months. The remaining cash in the money markets is necessary for on-going cash flow needs until the 70% advance on the first half property tax settlement is received in June. There was a purchase of $1 million of commercial paper during the quarter with a yield of .83% that is set to mature in September 2016. Commercial paper are promissory notes issued by financial institutions and large corporations with very short maturity periods typically ranging from one to nine months. Purchasing these short term investments can help to improve interest earnings on available cash. The City used commercial paper previously for short term investing of the fire station bond proceeds. Another 12% or approximately $6 million of the portfolio is invested in fixed and step rate certificates of deposit. There are currently 25 CD’s in the portfolio, each with a face value of $240,000 or less, which guarantees that each CD is insured by the FDIC up to $250,000. They have varying maturity dates over the next five years with rates up to 2.3%. Two CD’s came to maturity and one other was called early during the quarter. Nearly 58% or the remaining $30 million of the portfolio is invested in other long term securities, including municipal bonds ($8.7 mil), Federal agency bonds ($13.7 mil) and U.S. Treasury notes ($7.1 mil). Municipal bonds are issued by States, local governments, or school districts to finance special projects. The agency bonds are issued by government agencies such as the Federal Home Loan Bank or Fannie Mae and typically have call dates at specific intervals where they can be called prior to their maturity date. Three of the agency bonds were called prior to their maturity during the quarter and two municipal debt securities reached maturity. Study Session Meeting of April 25, 2016 (Item No. 6) Page 3 Title: First Quarter Investment Report (Jan – Mar 2016) Three other municipal bonds were sold this quarter upon the recommendation of our consultant PFM Asset Management to keep the portfolio more closely aligned with State statute. Two new Federal agency bonds and two U.S. Treasury notes were purchased. Here is a summary of the City’s portfolio at March 31, 2016: NEXT STEPS: None at this time. 12/31/15 3/31/16 <1 Year 57% 31% 1-2 Years 11% 27% 2-3 Years 9% 17% 3-4 Years 9% 14% >4 Years 14% 11% 12/31/15 3/31/16 Money Markets/Cash $34,369,208 $14,595,637 Commercial Paper $0 $995,650 Certificates of Deposit $6,635,820 $5,978,677 Municipal Debt $12,908,876 $8,681,730 Agency Bonds/Treas Notes $9,842,201 $20,887,709 City of St. Louis Park Investment Portfolio Summary March 31, 2016 Institution/Broker Investment Type CUSIP Maturity Date Yield to Maturity Par Value Market Value at 3/31/2016 Estimated Avg Annual Income Citizens Indep Bank Money Market 0.09%3,050,656 3,050,656 2,746 4M Fund Money Market 0.08%3,271 3,271 3 4M Fund Money Market (Bonds Proceeds Only)0.08%471,200 471,200 377 Northeast Bank Money Market 0.40%5,038,485 5,038,485 20,154 PFM JP Morgan Commercial Paper 46640PJN4 09/22/2016 0.83%1,000,000 995,650 8,340 PFM FHLB Bond 3130A7CX1 03/19/2018 0.88%5,000,000 5,008,500 43,750 PFM US Treasury Note 912828WD8 10/31/2018 1.25%4,000,000 4,043,440 50,000 PFM FNMA 3135G0H63 01/28/2019 1.04%1,600,000 1,620,848 16,608 PFM US Treasury Note 912828VP2 07/31/2020 2.00%3,000,000 3,106,530 60,000 14,774,968 UBS CD - Medallion Bank UT 58403BM52 05/09/2016 0.50% 240,000 240,048 1,200 UBS CD - Discover Bank DE 254671AG5 05/02/2017 1.75% 240,000 242,191 4,200 UBS CD - GE Cap Retail Bank UT 36160NJZ3 05/04/2017 1.75% 240,000 242,455 4,200 UBS Muni Debt - N. Orange Cty CA 661334DR0 08/01/2017 1.01% 1,000,000 1,007,860 10,110 UBS CD - Sallie Mae Bnk UT 79545OPE9 08/29/2017 1.70% 240,000 242,875 4,080 UBS CD - Sun Natl Bank NJ 86682ABV2 10/03/2017 1.00% 240,000 239,990 2,400 UBS CD - Everbank Jacksonvl FL 29976DPB0 10/31/2017 1.00% 240,000 239,904 2,400 UBS CD - Comenity Bank DE 981996AX9 12/05/2017 1.25% 200,000 200,322 2,500 UBS CD - Banco Popular PR 05967ESG5 12/05/2017 1.10% 240,000 241,610 2,640 UBS CD - Ally Bank UT 02006LNL3 02/05/2018 1.25% 240,000 240,629 3,000 UBS CD - Third Fed S&L Assn OH 88413QAT5 02/22/2018 1.35% 240,000 241,027 3,240 UBS FHLB 313381JW6 06/27/2018 0.92% 1,000,000 1,113,461 9,200 UBS Muni Debt - NYC Trans Fin Auth 64971QH55 11/01/2018 1.33% 1,000,000 1,005,320 13,280 UBS FHLMC 3134G8CS6 12/28/2018 1.89% 1,000,000 1,000,450 18,870 UBS Muni Debt - Williamston Mich Sch 970294CN2 05/01/2019 1.37% 2,000,000 2,068,160 27,360 UBS CD - Cit Bank UT 17284CH49 06/04/2019 1.90% 240,000 244,054 4,560 UBS CD - Amer Exp F UT 02587CAC4 07/10/2019 1.95% 240,000 243,869 4,680 UBS CD - Capital One Bank 14042E4S6 07/15/2019 1.95% 240,000 243,005 4,680 UBS Muni Debt - New York City 64971WUX6 08/01/2019 1.29% 2,000,000 2,031,780 25,780 UBS CD - First Bk Highland IL 3191408W2 08/13/2019 2.00% 240,000 240,382 4,800 UBS CD - Webster Bk NA CT 94768NJX3 08/20/2019 1.90% 240,000 243,734 4,560 UBS CD - Capital One Bank 140420PS3 10/08/2019 2.10% 240,000 244,356 5,040 UBS CD - State Bk India IL 856283XJ0 10/15/2019 2.10% 240,000 244,414 5,040 UBS CD - Goldman Sachs Bank NY 38148JHB0 01/14/2020 2.20% 240,000 244,925 5,280 UBS CD - Amer Express UT 02587DXE3 01/30/2020 1.95% 240,000 242,830 4,680 UBS CD - Camden Nat'l Bank ME 133033DR8 02/26/2020 1.80% 240,000 243,341 4,320 UBS CD - Private Bank & Tr IL 74267GVA2 02/27/2020 1.75% 240,000 243,785 4,200 UBS CD - JP Morgan Chase OH Step 48125T2N4 03/04/2020 2.22% 240,000 240,674 5,321 UBS CD - HSBC Bank DE Step Rate 40434ASZ3 03/30/2020 2.22% 240,000 239,952 5,330 UBS FHLMC Step 3134G6TD5 04/29/2020 2.09% 1,000,000 999,540 20,880 UBS CD - World's Foremost 9159919E5 08/06/2020 2.30% 200,000 198,572 4,600 UBS CD - Comenity Cap Bk UT 20033AND4 10/13/2020 2.00% 245,000 249,733 4,900 UBS Muni Debt - Connecticut St 20772JKN1 10/15/2020 1.75% 1,000,000 1,028,310 17,520 UBS Money Market - 2014 Bonds 0.35% 3,095,081 3,095,081 10,833 UBS Money Market 0.35% 936,942 936,942 3,279 UBS Deposit Acct 0.02% 2,000,003 2,000,003 400 22,265,584 Sterne, Agee Muni Debt - New York, NY 64966HJS0 04/01/2017 1.20% 500,000 527,540 6,000 527,540 Wells Fargo Muni Debt - Fond Du Lac WI Schl 344496JQ8 04/01/2017 1.05% 1,000,000 1,012,760 10,500 Wells Fargo FNMA 3135G0NH2 08/23/2017 0.95% 1,000,000 999,350 9,500 Wells Fargo Fannie Mae 3136G04A6 11/21/2017 1.00% 1,000,000 1,001,160 10,000 Wells Fargo FNMA 3135G0TM5 01/30/2018 1.02% 1,000,000 994,330 10,200 Wells Fargo Fannie Mae 3136G1AZ2 01/30/2018 1.00% 1,000,000 1,000,100 10,000 5,007,700 GRAND TOTAL 51,139,403 517,540 Current Portfolio Yield To Maturity 1.01% Study Session Meeting of April 25, 2016 (Item No. 6) Title: First Quarter Investment Report (Jan – Mar 2016)Page 4 Meeting: Study Session Meeting Date: April 25, 2016 Written Report: 7 EXECUTIVE SUMMARY TITLE: New Minnesota State Plumbing Code RECOMMENDED ACTION: No action requested. The purpose of this report is to inform Council of the new Minnesota State Plumbing Code and water backflow protection device testing. POLICY CONSIDERATION: None at this time. Please inform staff of questions you might have. SUMMARY: Minnesota had been using a state written Plumbing Code originally developed over 75 years ago. On January 23, 2016 Minnesota adopted the 2012 edition of the Uniform Plumbing Code (UPC), a national model code published by the International Association of Plumbing and Mechanical Officials (IAPMO) as the new 2015 Minnesota State Plumbing code. Hundreds of state amendments were made to the model code - which engineers, contractors and inspectors are still learning. An advantage of using a national model code is the ability to include new plumbing products and materials more effectively through the national system of product testing and listing. A significant change to the code includes added requirements for backflow prevention devices, intended to protect potable water in buildings and the city water system. Backflow devices such as double check valves are used on residential boilers and fire sprinkler systems, pressure vacuum breakers for residential and commercial irrigation systems, and reduced pressure zone devices are installed in chemical or high hazard locations. All devices are now required to be tested annually by a licensed plumber or specialty person with the test reports submitted to the city. Failure to pass requires a re-build or replacement of the backflow device. Building owners are required to hire a licensed person annually to test all devices. Staff is developing an updated data base for the approximately 700+ existing backflow devices and a program for sending out annual reminders to track compliance. Initial letters to property owners beginning next month will explain the importance of this testing and request assistance in identifying device locations. It is likely this new state code requirement will be met with resistance from impacted property owner and it is expected this program will take added staff time to administer. Staff may return to council in the future with recommendations to adopt an ordinance for ensuring compliance, possibly with a fee structure for late or non-testing. Encouraging timely cooperation will reduce staff time and help ensure these devises are working properly to protect the drinking water supply. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: David Skallet, Chief Building Official Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Meeting: City Council Meeting Date: April 25, 2016 Written Report: 8 EXECUTIVE SUMMARY TITLE: 2015 Volunteers in the Park RECOMMENDED ACTION: None at this time. The purpose of this report is to provide the City Council with an update on volunteers in St. Louis Park. POLICY CONSIDERATION: None at this time. SUMMARY: Since 2013, the City has provided volunteer coordination in-house by staff member Laura Smith. In 2015, the City of St. Louis Park had 1,375 volunteers donate their time and talents, who contributed more than 10,000 hours. Below are several highlights from 2015:  Hydrant Hero received more than 50 applications for fire hydrant adoption (snow removal around hydrants).  Adopt-a-Spot was created, which allows residents to adopt public spaces that need attention. Boulevards, storm drains, bridge underpasses and intersections are among the “adopted” spots.  Rec Center added a volunteer receptionist, to help with lunchtime coverage and team meetings.  The Police Department’s Basketball in the Park program added free weekly community yoga classes at Ainsworth Park, taught by two volunteer yoga teachers.  Inspections created a new volunteer position, and trained two new volunteers to assist with scanning building plans.  Fire Hydrant Painting continued for its second year, with more than 100 hydrants getting a fresh coat of paint.  The Fire Department trained its second class of Community Emergency Response Team volunteers.  The Westwood Hills Nature Center added three new Raptor Volunteers.  The annual volunteer recognition event was held in February at the Rec Center with free ice skating and refreshments for volunteers and their families. Staff is pleased with the level of engagement we have achieved with our volunteers and continue to seek out new ways to get our residents connected and engaged with the city through volunteerism. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: None Prepared by: Laura Smith, Wellness and Volunteer Coordinator Reviewed by: Nancy Deno, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: April 25, 2016 Written Report: 9 EXECUTIVE SUMMARY TITLE: Central Park West Redevelopment Contract Update RECOMMENDED ACTION: None at this time. POLICY CONSIDERATION: Does the EDA/City Council support modifying the required commencement and completion dates of the apartment and office buildings as specified in the Second Amendment of Redevelopment Contract with Central Park West, LLC? SUMMARY: In light of unavoidable delays due to utility work and market demand for office space, the Redevelopers responsible for constructing Central Park West Phases I, II, IV, and V have requested that the required project commencement and completion dates for their respective phases be modified as follows: PROPOSED REVISED CONSTRUCTION SCHEDULE FINANCIAL OR BUDGET CONSIDERATION: The proposed contract extensions reflect the current construction and economic realities related to the various phases of the Central Park West redevelopment. The construction delay means that the original Redeveloper’s (Duke Realty) reimbursement of TIF-eligible expenses related to the Central Park West portion of the overall West End project will likewise be delayed. Once the subject properties are redeveloped and fully assessed, Duke’s TIF payments will increase. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Proposed Third Amendment Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director, and City Manager Central Park West Phase Required Commencement Date Revised Commencement Date (Proposed) Required Completion Date Revised Completion Date (Proposed) Phase I (apartment building #1) June 1, 2015 November 28, 2015 December 31, 2016 June 30, 2017 Phase II (apartment building #2) April 1, 2016 October 2, 2017 August 31, 2017 March 4, 2019 Phase III (hotel) April 1, 2016 No Change August 31, 2017 No Change Phase IV (office building #1) April 1, 2016 April 1, 2017 September 30, 2017 September 30, 2018 Phase V (office building #2) April 1, 2019 April 1, 2020 September 30, 2020 September 30, 2021 Study Session Meeting of April 25, 2016 (Item No. 9) Page 2 Title: Central Park West Redevelopment Contract Update DISCUSSION The EDA and City adopted a Second Amendment to the Contract for Private Redevelopment with Central Park West, LLC, on December 15, 2014 related to the Central Park West redevelopment located at the SW quadrant of I-394 and Highway 100. Responsibility for constructing project Phases I & II (a 199-unit apartment building and 164-unit apartment building) were retained by Central Park West, LLC (an affiliate of DLC Residential). Responsibility for constructing Phase III (hotel) was subsequently assigned to RISLP, LLC (an affiliate of TPI Hospitality). Responsibility for constructing project Phases IV and V (one 353,353 SF Class A multi-story office building per phase) was subsequently assigned to OP4 SLP, LLC (an affiliate of The Excelsior Group). Under the Second Amendment, the Required Construction Commencement and Completion Dates for the various project phases (subject to unavoidable delays) were established as follows: Phase Required Commencement Date Required Completion Date Central Park West Phase I (multi-family housing) June 1, 2015 December 31, 2016 Central Park West Phase II (multi-family housing) April 1, 2016 August 31, 2017 Central Park West Phase III (hotel) April 1, 2016 August 31, 2017 Central Park West Phase IV (office) April 1, 2016 September 30, 2017 Central Park West Phase V (office) April 1, 2019 September 30, 2020 Central Park West Phase VI (future redevelopment) TBD TBD If the Redeveloper anticipated that the timetable for any Phase would not be met, the Redeveloper was to provide a report to the City describing the reasons for the expected failure to meet the schedule, evidence of Redeveloper’s due diligence in working toward construction of the relevant Phase, and a detailed revised schedule. Staff has received a report from Central Park West, LLC indicating that it began construction on the first apartment building later than planned due to the Met Council sanitary sewer work at the south end of the Central Park West site. The Met Council work then delayed the required utility work on Utica Avenue (adjacent to the Phase I site) which included location of a temporary sanitary line through the center of the project site. Central Park West, LLC couldn’t commence construction of the first apartment building until the sanitary line was relocated out of the building footprint. As a result, it was unable to begin construction on Phase I until late November rather than in June as required. This unavoidable delay will push back the completion date of Phase I and consequently commencement of Phase II. The Redeveloper has therefore requested that the completion date for Phase I be extended until June 30, 2017. In light of this schedule revision, the Central Park West, LLC has also requested that the commencement date for the Phase II apartment building be extended until October 2, 2017 and its completion date be extended until March 4, 2019. Study Session Meeting of April 25, 2016 (Item No. 9) Page 3 Title: Central Park West Redevelopment Contract Update The Preliminary and Final Planned Unit Development (PUD) for the Phase III hotel (a six story, 126-room AC Hotel by Marriott) was approved by the City Council on April 4th. TPI Hospitality expects to break ground shortly and complete the project by late summer next year as required, so no revision for the construction schedule for Phase III is necessary. Staff has also received a report from The Excelsior Group expressing that demand in the local office market required a cautious approach before it could commit to constructing a speculative office building in the area. However, now that economic conditions have improved, it has begun preparing plans for the Phase IV office building and is currently pursuing project financing. More specifically, the Redeveloper and its project partner, Ryan Companies, are scheduled to discuss initial concept plans at the May 9th Study Session and hold a neighborhood meeting May 11th. The partners then expect to make formal plan submittals during the summer, obtain plan approvals in fall/early winter and commence construction in spring 2017. The Redeveloper has therefore requested that the commencement and completion dates for Phase IV be extended until April 1, 2017 and September 30, 2018 respectively. In allowance for a reasonable building lease- up period, The Excelsior Group has also requested that the commencement date for the subsequent Phase V office building be extended until April 1, 2020 and its completion date be extended to September 30, 2021. Thus, it is proposed that the Central Park West Redevelopers commence construction of Phases I, II, IV, and V by the Required Commencement Dates, and substantially complete them by the Required Completion Dates, subject to unavoidable delays, all according to the revised construction schedule as follows: REVISED CONSTRUCTION SCHEDULE The Redevelopers have therefore requested a Third Amendment to the Redevelopment Contract reflecting the above revised Construction Schedule (attached). This amendment will be brought to the EDA and City Council for formal consideration on May 2, 2016. Central Park West Phase Required Commencement Date Revised Commencement Date (Proposed) Required Completion Date Revised Completion Date (Proposed) Phase I (apartment building #1) June 1, 2015 November 28, 2015 December 31, 2016 June 30, 2017 Phase II (apartment building #2) April 1, 2016 October 2, 2017 August 31, 2017 March 4, 2019 Phase III (hotel) April 1, 2016 No Change August 31, 2017 No Change Phase IV (office building #1) April 1, 2016 April 1, 2017 September 30, 2017 September 30, 2018 Phase V (office building #2) April 1, 2019 April 1, 2020 September 30, 2020 September 30, 2021 Study Session Meeting of April 25, 2016 (Item No. 9) Page 4 Title: Central Park West Redevelopment Contract Update THIRD AMENDMENT TO AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT This Third Amendment to Amended and Restated Contract for Private Redevelopment (“Amendment”), dated as of May , 2016, by and between the CITY OF ST. LOUIS PARK, a Minnesota municipal corporation (the “City”), ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of the State of Minnesota (the “Authority”), CENTRAL PARK WEST, LLC, a Minnesota limited liability company (“CPW”), Millennium Phase II, LLC, a Minnesota limited liability company (“Millennium”), OP4 SLP, LLC, a Minnesota limited liability company (“OP4”), and RISLP, LLC, a Minnesota limited liability company (“RISLP” and, together with CPW, Millennium, and OP4, as their interests appear, the “Redeveloper”); WITNESSETH: A. The Authority currently administers Redevelopment Project No. 1 (the “Redevelopment Project”) and the West End Tax Increment Financing District within the Redevelopment Project (the “TIF District”), pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the “HRA Act”) and Sections 469.174 to 469.1799, as amended (the “TIF Act”). B. The Authority, the City, and Duke Realty Limited Partnership (“Duke”) entered into an Amended and Restated Contract for Private Redevelopment dated May 17, 2010, recorded as Document No. 4781478, amended by a First Amendment thereto dated November 21, 2011 recorded as Document No. 4913709 (as so amended, the “Contract”), which described the parties’ respective responsibilities regarding redevelopment of certain property in the TIF District (referred to as the “Redevelopment Property”). C. On September 11, 2013, Duke assigned its interests in the Contract as to a portion of the Redevelopment Property described as Lot 1, Block 1 and Lot 2, Block 1, The Shops at West End (the “Olive Garden Property”) to Millennium at West End, LLC, pursuant to an Assignment and Assumption of Redevelopment Contract, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05115015. Millennium at West End, LLC has subsequently assigned its interests in the Contract to Millennium pursuant to an Assignment and Assumption of Redevelopment Contract dated as of April __, 2016. D. On May 8, 2015, Duke assigned its interests in the Contract to CPW pursuant to an Assignment and Assumption of Redevelopment Contract, recorded in the office of the Hennepin County Registrar of Titles as Documents No. T05254066 and T05258753, and simultaneously therewith, the City, the Authority, Duke, and CPW entered into a Second Amendment to Amended and Restated Contract for Private Redevelopment, recorded in the office of the Hennepin County Registrar of Titles as Document No. T05254067 (the “Amended Contract”). Millennium at West End, LLC was inadvertently excluded as a party to the Amended Contract, but Millennium agrees and acknowledges that it is subject to the Amended Contract and to this Third Amendment. E. In accordance with the Amended Contract, and pursuant to separate Assignment and Assumptions of Redevelopment Contract, both dated as of May 8, 2015 and recorded in the office of the Hennepin County Registrar of Titles as Documents No. T05254076 and T05254079, CPW has assigned (i) to OP4, CPW’s rights in and obligations under the Amended Contract with respect to Central Park West Phase IV and Central Park West Phase V, and (ii) to RISLP, CPW’s rights in and obligations under the Amended Contract with respect to Central Park West Phase III. Study Session Meeting of April 25, 2016 (Item No. 9) Page 5 Title: Central Park West Redevelopment Contract Update F. Due to unavoidable delays in the construction of certain of the Phases of the Minimum Improvements, the parties have now agreed to modify certain terms and conditions of the Amended Contract as set forth below. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Amendment to Schedule G of the Contract. Schedule G of the Contract is amended as follows: CONSTRUCTION SCHEDULE Phase Required Commencement Date Required Completion Date Phase I (Demolition and 16 St.) December 18, 2007 August 1, 2009* Phase IIA (Retail and office; West End Blvd.) July 1, 2008 June 1, 2010** Phase IIC (multifamily housing) March 1, 2014 December 31, 2016*** Central Park West Phase I (multifamily housing) November 28, 2015 June 30, 2017 Central Park West Phase II (multifamily housing) October 2, 2017 March 4, 2019 Central Park West Phase III (hotel) April 1, 2016 August 31, 2017 Central Park West Phase IV (office) April 1, 2017 September 30, 2018 Central Park West Phase V (office) April 1, 2020 September 30, 2021 Central Park West Phase VI (TBD) TBD TBD *Phase I is complete and a Certificate of Completion has been delivered for this Phase. **Phase IIA is complete and a Certificate of Completion has been delivered for this Phase. ***Phase IIC is complete and a Certificate of Completion has been delivered for this Phase. 2. Miscellaneous. Except as amended by this Amendment, the Amended Contract shall remain in full force and effect. Upon execution, Redeveloper shall reimburse the Authority for all out-of pocket-costs incurred by the Authority in connection with negotiating, drafting and approval of this Amendment. Study Session Meeting of April 25, 2016 (Item No. 9) Page 6 Title: Central Park West Redevelopment Contract Update IN WITNESS WHEREOF, the City, the Authority and the Redeveloper have caused this Amendment to be duly executed by their duly authorized representatives. CITY OF ST. LOUIS PARK By Its Mayor By Its City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of May, 2016, by Jacob Spano and Tom Harmening, the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on behalf of the City. Notary Public ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of May, 2016, by Anne Mavity and Tom Harmening, the President and Executive Director of the St. Louis Park Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the Authority. Notary Public Study Session Meeting of April 25, 2016 (Item No. 9) Page 7 Title: Central Park West Redevelopment Contract Update Central Park West, LLC OP4 SLP, LLC By _________________________ By Its ____________________ Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2016, by _________________, the _________________ of Central Park West, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _______ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2016, by _________________, the _________________ of OP4 SLP, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public Study Session Meeting of April 25, 2016 (Item No. 9) Page 8 Title: Central Park West Redevelopment Contract Update Millennium Phase II, LLC RISLP, LLC By _________________________________ By Its __________________________ Its _______________________ STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2016, by ________________, the __________________ of Millennium Phase II, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ____ day of _________, 2016, by ________________, the __________________ of RISLP, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public 474149v1 MNI SA285-84