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HomeMy WebLinkAbout2014/03/24 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA MARCH 24, 2014 6:30 p.m. CITY COUNCIL STUDY SESSION – Community Room Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – April 21 and April 28, 2014 2. 6:35 p.m. Telecommunications Advisory Commission 2013 Annual Report and 2014 Work Plan 3. 6:55 p.m. Presentation of Southwest LRT Station Area Plans 4. 7:55 p.m. 2014 Assessment Report 5. 8:40 p.m. Update on Bullying Legislation – HF826 8:50 p.m. Communications/Meeting Check-In (Verbal) 8:55 p.m. Adjourn Written Reports 6. February 2014 Monthly Financial Report 7. Project Report: Street Maintenance Project – Sealcoat Streets in Area 6 – Project No. 4014-1206 8. Amendments to City Code Chapter 8 Business Licenses; Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices 9. Zoning Ordinance Amendments Related to Anaerobic Digesters 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. Meeting: Study Session Meeting Date: March 24, 2014 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – April 21 and April 28, 2014 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the regularly scheduled Study Session on April 28, 2014 and a possible Special Study Session on April 21. POLICY CONSIDERATION: Does the Council agree with the agendas 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 April 28, 2014 and a possible special Study Session on April 21. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Future Study Session Agenda Planning – April 21 and April 28, 2014 Prepared by: Kay Midura, Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of March 24, 2014 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – April 21 and April 28, 2014 No Meeting April 14, 2014 – Passover Special Study Session, April 21, 2014 – 6:30 pm to 7:30 pm Tentative Discussion Items 1. Discuss Housing Policy – Community Development (1 hour) This is intended to be a follow-up to the City Council Workshop in late February. Staff plans to bring revised draft policy language per direction provided at the workshop, as well as background information about affordable housing as requested by the Council. Convene Local Board of Appeal & Equalization, April 28 – 6:30 p.m. Study Session, April 28, 2014 – 6:40pm Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Parks & Recreation Advisory Commission – Operations & Recreation (20 minutes) As requested by the City Council, Parks & Recreation Advisory Commissioners will be present to discuss their Annual Report and Work Plan with Council. 3. Community Center Project – Operations & Recreation (45 minutes) Per Council direction last fall, staff is now checking in on whether to move to next steps with this project. Staff has worked with architect HGA to explore some phasing options and will bring these options to Council at this meeting. Communications/Meeting Check-In – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session agenda for the purposes of information sharing. End of Meeting: 7:55 pm Reports 4. 2014 March Financial Report 5. 1st Quarter Investment Report Meeting: Study Session Meeting Date: March 24, 2014 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan RECOMMENDED ACTION: The purpose of this report is to provide the City Council with the the 2013 Annual Report and 2014 Work Plan prepared by the Telecommunications Advisory Commission (TAC). POLICY CONSIDERATION: Are the activities of the TAC in alignment with Council expectations? Does the Council wish to provide further direction into the planned analysis of TAC’s purpose, goals and mission? SUMMARY: The 2013 Annual Report and 2014 Work Plan were submitted for Council review at the March 10, 2014 Study Session. It was the consensus of the Council to meet with the TAC to discuss the Annual Report and Work Plan. Top priorities for the TAC in 2014 will include a franchise fee compliance audit of Comcast and an analysis of TAC’s purpose, goals and mission. Specifically, this analysis will explore the community representation role of TAC as it relates to Cable TV, technology and communications. City staff and members of the TAC, including current Chair Cindy Hoffman, will be in attendance. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: 2013 Summary 2014 Work Plan Cable TV Complaints Received 2009-2013 Prepared by: Reg Dunlap, Civic TV Coordinator Reviewed by: Jamie Zwilling, Communications & Marketing Coordinator Through: Clint Pires, Chief Information Officer Approved by: Nancy Deno, Deputy City Manager Study Session Meeting of March 10, 2014 (Item No. 2) Page 2 Title: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan 2013 SUMMARY The Telecommunications Commission met five times in 2013 and participated in various educational opportunities. Some Commissioners attended monthly webinars sponsored by the National Association of Officers and Advisors (NATOA), notably Rick Dworsky, Toby Keeler and Bruce Browning. Commissioners Browning, Dworsky, Hartman, Hoffman and Keeler attended the annual conference of the Minnesota Association of Community Television Advisors (MACTA) in October. Commissioner Keeler served for the second year of a term on the MACTA Board. Commissioners Dworsky and Keeler also attended MACTA’s annual “Day at the Capitol” for background information on telecommunications issues and the legislative session. Bill Theobald served as chair in 2013, and vice chair Cindy Hoffman was elected chair for 2014. Comcast franchise fee compliance audit The Commission discussed issues related to conducting a franchise fee compliance audit at several meetings, including monitoring the outcomes of audits in other communities and partnering with other cities to share the cost. On August 28, 2013, the Commission voted 6-0 to provide notice to Comcast to review franchise fees for the calendar years 2011, 2012 and 2013. Comcast customer service The Commission reviews Comcast complaints reported to City staff at each meeting, with the customer’s name redacted to protect customer privacy. Despite Comcast’s attempts to improve customer service call centers, the number of complaints in 2013 increased significantly. Technical service complaints went from nine in 2012 to 30 in 2013, and telephone customer service complaints increased from eight to 35 (Details attached). On December 11, 2013, the Commission passed a motion requesting Comcast provide the City with call center information as outlined in §76.309 in the Code of Federal Regulations, customer service obligations. Comcast complied with this request in 2014, and results will be part of that annual report. The key sections are: • Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. • Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. The City relationship with Comcast is mostly determined by the franchise agreement, which runs from 2006 to 2021, but there are some areas of federal and state law that allow City enforcement. The City oversees rate regulation for Basic cable TV and equipment, and the price for these services hasn’t changed for 2014. Most other Comcast services are not regulated by the City, like digital TV, Internet or telephone. Because Comcast uses the City right-of-way, the City receives a franchise fee of 5 percent of gross cable TV services by St. Louis Park customers. Comcast does not pay franchise fees on their Internet and telephone services. Fiber network St. Louis Park Chief Information Officer Clint Pires provided background for a memo to the Commission about progress to complete recommendations listed in the 2013 Fiber Study. Study Session Meeting of March 10, 2014 (Item No. 2) Page 3 Title: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan Overall, Mr. Pires is pleased with progress made and planned for the next two years to achieve Fiber Study Recommendations, and says that the cooperation with the School District continues to be strong. The summary of recommendations in the Fiber Study is listed in bold text followed by some of the activities planned for 2013 & 2014. 1.4.1 Lease Access To Existing Fiber And Conduit To Enable Private Investment Mr. Pires will develop draft policy concepts for Telecommunications Advisory Commission and City Council review later in 2014. 1.4.2 Incrementally Expand City Fiber There will be a number of fiber links completed in 2013 & 2014, including: • France Avenue, as part of the reconstruction between 22nd & 26th streets. • The COP Shop at Texa Tonka Shopping Center • Highway 7 & Louisiana Avenue during construction of the rebuilt intersection • Fiber under each of the new bridges over Highway 100 (Minnetonka Blvd. and Highway 7) • A segment of fiber and conduit along Gorham Avenue near the St. Louis Park Library has been acquired (see also recommendation 1.4.2.4) • Completion near Fire Station 1 of a redundant link of fiber • Possible fiber expansion as part of relocation projects associated with Highway 100 reconstruction • Fiber conduit inclusion in Pennsylvania Avenue reconstruction and selected other 2014 street reconstruction projects 1.4.2.1 Build Fiber Between Park Nicollet’s Facilities Mr. Pires has invited Park Nicollet to discuss this. 1.4.2.2 Build Fiber to Parks & Recreation and Public Works Facilities The Brick House fiber connection is planned for 2015. 1.4.2.3 Build Fiber to the City’s Third Water Tower The City has acquired the fiber to the Park Glen water tower. Also, conduit has been installed from existing fiber hand holds near the water towers at 34th & Wyoming and on Cedar Lake Road to the tower building, so these sites are ready for quick completion if a commercial leasing deal is reached. 1.4.2.4 Build Fiber to the St. Louis Park Library Hennepin County has approached the City about leasing fiber to the Library. The lease amount would be closer to a cooperative public service than a profit area for the City. Talks are preliminary at this time. 1.4.2.5 Build Fiber Over Time to Key Economic Development Targets Fiber along Utica Avenue, if that street is reconstructed, relates to this recommendation. 1.4.2.6 Continue Installing Conduit During Capital Improvement Projects Example projects related to this recommendation include France Avenue, Highway 7 & Louisiana and the Highway 100 1.4.2.7 Complete Fiber Rings Where Possible During the Course of Routine Fiber and Conduit Installation Study Session Meeting of March 10, 2014 (Item No. 2) Page 4 Title: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan Highway 7 and Louisiana Avenue connects City and School District fiber, and completes a redundant loop. Also, the link near Fire Station 1 creates a redundant loop. Nearby communities franchise comparisons Chair Theobald requested background information on how St. Louis Park’s franchise compares with franchises in other cities. The Commission reviewed a staff report at the August meeting that compared cable provider, franchise fee, PEG fee, support to education, staff levels and in kind services, and learned that franchises in one third of metro area communities expired at the end of 2013. Tour of Comcast operations center The October 23, 2013, meeting was held at the Comcast Cable head end in Roseville so the Commission could tour and learn about the facility from Comcast technical staff. It was an excellent experience, and Comcast staff answered all questions. Park TV The Commission reviewed programming and studio reports from Park TV, and were given a demonstration of Park TV’s new web streaming equipment at the May 22 meeting. The web streaming upgrade was coordinated with LOGIS, and provides higher resolution video that is compatible with many mobile devices like smart mobile telephones and tablets. Federal Communications Commission activities The Commission discussed a staff report on F.C.C. actions at the August 28, 2013, meeting. Commissioner attendance in 2013 2/27/13 5/22/13 8/28/13 10/23/13 12/11/13 Total meetings attended Chair Bill Theobald X X X X X 5 Vice Chair Cindy Hoffman X X X X X 5 Bruce Browning X X X 3 Rick Dworsky X X X X X 5 Dale Hartman X X X X X 5 Toby Keeler X X X X 4 Rolf Peterson X X X 3 Study Session Meeting of March 10, 2014 (Item No. 2) Page 5 Title: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan 2014 Telecommunications Advisory Commission Work Plan January Written Annual Report to City Council February 11 Council Chambers • Review draft audit Request for Proposal • Park TV programming reports for 15, 16, 17, 96 • Future of cable TV technology update May 13 Council Chambers • Fiber Study update • Review RFP’s and select an audit firm (if ready) August 5 Council Chambers • Audit update; possibly review RFP’s and select an audit firm • FCC update • Studio update October 14 Council Chambers • Audit update: review draft report December 9 Council Chambers • Comcast presentation on new cable rates and/or changes in the channel line up • Comcast customer service update • Draft Annual Report for 2013 • Set meetings for 2014 • Draft Work Plan for 2014 • Elect Chair & Vice Chair, effective next meeting Ongoing TAC Analysis The 2014-2015 St. Louis Park Communications Plan includes an analysis of TAC that will look at its purpose, goals and mission. Just as the city reexamined the role of the Commission when focus shifted from the previous Cable TV Commission to what is now the Telecommunications Advisory Commission, staff desires an analysis in order to better align the commission with city business needs as they evolve. This analysis will include interviews, discussion and brainstorming with the commission members, an examination of similar commissions in other cities and further discussion with the City Council. Study Session Meeting of March 10, 2014 (Item No. 2) Page 6 Title: Telecommunications Advisory Commission 2013 Annual Report/2014 Work Plan Cable TV complaints received & logged by city staff 2009-2013 (Some customers report more than one complaint) NEXT STEPS: Staff and TAC members will continue implementation of the 2014 work plan. Complaint Category Complaints 2009 Complaints 2010 Complaints 2011 Complaints 2012 Complaints 2013 Billing 28 17 20 20 26 Construction (unburied cable, property damage, ROW) 3 0 7 2 6 Customer Service/ Relations (e.g., missed or late appointments, company response to issue, attitude) 0 7 1 9 13 Installation (e.g., property damage) 0 0 0 0 1 Programming Options (lost channels, want new channels) 6 2 3 10 2 Rates, prices 7 9 8 15 14 Technical Service (e.g., outage, reception, equipment faulty/lack of features) 10 14 12 9 30 Service Requests (e.g., residential/commercial) 0 0 0 0 0 Telephone Customer Service (on hold, busy, no one available) 8 8 8 8 35 Miscellaneous 14 11 3 5 8 Total Cable Service Complaints 76 68 62 78 135 Digital Voice/Telephone 2 3 2 0 2 Cable Modem/Internet Issues 3 7 2 7 8 Combined Total of All Processed Complaints (includes Telephone & Internet) 81 78 66 85 145 Average complaints per month reported to city staff 6.75 6.5 5.5 7.1 12.1 Total complaint calls (some callers mention more than 1 complaint) 76 50 49 61 102 Approximate # of subscribers 13,000 13,000 13,000 13,000 13,000 Meeting: Study Session Meeting Date: March 24, 2014 Discussion Item: 3 TITLE: Presentation of Southwest LRT Station Area Plans RECOMMENDED ACTION: Discuss the work presented by HKGi on the Transitional Station Area Action Plans (TSAAP) for the three SW LRT stations in St. Louis Park. POLICY CONSIDERATION: Does the City Council have questions or concerns regarding the proposed plans? SUMMARY: Over the past two years much work has been completed in station area planning along the SW LRT line. A culmination of much of the work was in the planning known as the Investment Framework or TSAAP plans. There is a plan for each station area that can be accessed on the city’s web site at: http://www.stlouispark.org/light-freight-rail/station-area-planning.html The Transitional Station Area Action Plan (TSAAP) process was intended to “promote opening day readiness in 2018 by bridging the gap between current conditions and future needs by identifying and prioritizing infrastructure improvements that enhance existing business, support mixed-income housing opportunities, and encourage new development.” The plans identify specific street, trail, sidewalk and other public improvements that are needed in the station areas. It also provides prioritization of these improvements for the “opening day” of the transit. The intent is that these improvements will facilitate access and usage of the station area as well as providing development opportunities. Jeff McMenimen with HKGi (consultant hired to assist with the project) will present the St. Louis Park plans and there will be time for questions and discussion. FINANCIAL OR BUDGET CONSIDERATION: The TSAAP plans were funded primarily through a HUD Sustainable Communities grant. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: See documents at http://www.stlouispark.org/light-freight- rail/station-area-planning.html Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: March 24, 2014 Discussion Item: 4 EXECUTIVE SUMMARY TITLE: 2014 Assessment Report RECOMMENDED ACTION: No formal action requested. Please provide staff with any questions that you might have. POLICY CONSIDERATION: The report and supporting documents are primarily information oriented as a means to assist with the Board of Appeals and Equalization process starting in late April. SUMMARY: The assessed market valuation (and classification) for each property determines the overall tax capacity of the community. In addition to fiscal budgeting and property tax implications, the composition of value and trending are important for Council to understand as they focus on overall governance of the community. Discussion at the study session will focus on the 2014 assessment and will touch on residential performance over the time period of 2007 through 2013. This review is being made to give the Council additional information on how the community has weathered the recent economic upheavals, the significant evolution to the housing stock currently underway, and a foundation to look forward. The appeal process will also be reviewed briefly in the discussion. The Department of Revenue has directed changes to the procedures for the Local Board of Appeal & Equalization. These changes along with the fact that real estate markets have improved to a major extent may result in a larger volume of appeals to be reviewed by the Board. Next Step: The St. Louis Park Local Board of Appeal & Equalization convenes at 6:30 pm on Monday April 28, 2014. FINANCIAL OR BUDGET CONSIDERATION: As noted above. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: 2014 Valuation Report 2014 Single Family Homes Values by Neighborhood 2014 Condo-Townhome Values by Complex Prepared by: Cory Bultema, City Assessor Reviewed by: Nancy Deno, Administrative Services Director Approved by: Tom Harmening, City Manager Study Session Meeting of March 24, 2014 (Item No. 4) Page 2 Title: 2014 Assessment Report 2014 Valuation Report (Payable 2015 Tax Period) Assessing Staff General Information – 952-924-2535 Cory Bultema – City Assessor – 952-924-2536 Marty Fechner – Assessment Technician/Appraiser – 952-924-2533 Mark Hoppe – Residential Appraiser I – 952-924-2529 Deb Lynch – Senior Residential Appraiser II – 952-924-2532 Bridget Nathanson – Commercial Appraiser – 952-924-2530 Kelley Schomer – Associate Appraiser – 952-924-2638 Contents: Overview of the Minnesota Property Tax System…………. Page 3 The Assessment Process……………………………………. Page 4 The Appeal Process………………………………………….. Page 5 Big Picture of the Residential Market – Realtor Perspective Page 6 Summary of the 2014 St. Louis Park Assessment Roll…… Pages 7-10 Residential Valuation Summaries…………………………… Pages 11-12 Study Session Meeting of March 24, 2014 (Item No. 4) Page 3 Title: 2014 Assessment Report Overview of the Minnesota Property Tax System Minnesota law establishes a specific process and time line for the entire property tax system, including the assessment of property. The system is summarized as follows: 1. All real property is valued at market value annually and classified according to usage. In addition there are a multitude of sub-classifications and credits which are administratively updated. 2. State law defines how the value and class rate are translated into tax capacity as well as refinements for subsidies and credits (e.g. homestead, veteran exclusion, limited market value, etc.). 3. Budgets for each taxing jurisdiction, which include decisions on the use of various funding sources, are set annually. Funding sources include the property tax levy, voter approved market value referendums, bonding, special assessments and other sources such as user fees. 4. The total property tax levy is divided by the total capacity of each jurisdiction (city, county, school district and others) to determine the total levy extension multiplier. The respective multiplier for each jurisdiction is applied to each individual property to calculate property taxes. It is essential to understand that the property tax “rate” is only a math equation as used in the Minnesota system. The Assessing function deals with the first step above as staff renders an opinion of market value and classification annually for 17,000+ parcels in St. Louis Park. The conversion of value and class into tax capacity is completed at the County level with refinements for the sub-classifications and credits as set by the legislature. The assessment of all properties must be made in compliance with standards established by the Minnesota Department of Revenue and Minnesota Statutes. Market value is defined in Minnesota Statute 272.03 subd 8 as: 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 (emphasis added). Market value is a moving target. Market supply/demand, interest rates, general economic conditions and seasonal cycles all play a significant role. The Minnesota property tax system accommodates these issues by requiring an annual opinion of value as of January 2nd. The assessing staff monitors the sales activity throughout the study period and adjusts each property valuation in order to reflect market conditions. Classification of the property use is also defined by Minnesota statute. The rationale for this requirement is that the Minnesota property tax system applies differing classification rates in determining how the value is translated into tax capacity. The following table presents a summary of the dominant property types and their associated class rates: Base Homestead Non-Homestead e.g. Tax Capacity at Taxable Values Property Type Value Base Over-Base Base Over-Base 250,000 500,000 1,000,000 Comm & Industrial 150,000 N/A N/A 1.50% 2.00% 4,250 9,250 19,250 Residential * 500,000 1.00% 1.25% 1.00% 1.25% 2,500 5,000 11,250 As can be seen above, the class system greatly favors residential properties in terms of the base tax capacity rate which is used in the tax calculation process. This difference widens further as commercial properties are subject to additional state based levies while residential properties are reduced by subsidy factors such as the homestead value exclusion (formerly known as the homestead credit). Voter approved referenda, on the other hand, are market value based so all properties are taxed equally on each dollar of property value. Study Session Meeting of March 24, 2014 (Item No. 4) Page 4 Title: 2014 Assessment Report The Assessment Process Parcel Review and Valuation The purpose of the assessment process is to annually render an accurate and equitable opinion of market value of each parcel of property. Doing so requires current information about the properties being assessed and the local real estate market. In addition to the economic market forces at work, the individual property location, use and physical characteristics play a significant role in the valuation. The St. Louis Park Assessing division maintains a record of every property in the city including its size, location, physical characteristics and condition. As there are 17,000+ parcels in the city, it is virtually impossible to have complete knowledge of each property – which may or not sell in a given year. The Minnesota property tax system therefore requires periodic inspections. The current cycle of inspection is on a five year rotating schedule which may be altered due to physical change of the property (renovations, remodeling, additions and damage). Approximately 20% of all properties are physically reviewed each year – referred to as the quintile. The goal of periodic and interim inspections is to assess the characteristics and corresponding market value of each property as closely as possible versus the property’s competitive position. It is important to know that the valuation process for residential properties in the State of Minnesota is based on mass appraisal. In years past, St. Louis Park and other cities used trending factors to revalue all the properties (approximately 80%) not in the quintile districts that are physically reviewed each year. Today the valuations are modeled by the use of a computer assisted mass appraisal (CAMA) methodology. To summarize, the physical characteristics for each property are maintained in a large data base which calculates the individual valuations based upon the location, style and physical characteristics for each property. Annual adjustments made to the data tables to mirror market performance based on competitive properties that have sold during the comparison time period. The mass appraisal process is different from the individual appraisal system used by banks, mortgage companies and others. For example, the mass appraisal system for residential properties involves the comparison of thousands of properties with the fact-based market transactions from the same or closely competitive neighborhoods, and market sales of the same quality and type of property throughout the city. New houses, additions and remodeling are valued based on their characteristics and the value impact of the improvement. Having the local assessment system operate effectively also requires as much information about the local real estate market as possible. The Assessing division makes a record of all property sales using the Certificate of Real Estate Value (CRV) filed at Hennepin County for each property sale. This information is frequently augmented with sales information obtained regularly from the Multiple Listing Service (MLS) and other sources, including follow-up re- inspections in the case where the sale price indicates that we may have imperfect information. In all cases, the sales information collected by the Assessing division is closely scrutinized. Evidence suggesting anything but an arms-length transaction (a forced sale, foreclosure, a sale to a relative, etc.) results in the sales information being excluded from the market value comparison. This is important as the market information constitutes the measurable database for the statistical comparisons necessary to make the property assessment. Further review of the assessment process will be undertaken in the presentation/discussion. Study Session Meeting of March 24, 2014 (Item No. 4) Page 5 Title: 2014 Assessment Report The Appeal Process We receive inquiries and questions about market value, the assessment process and how the property tax system operates throughout the year. An open dialogue between staff and the property owner is a key aspect of the mass appraisal system. We recognize that some properties receive statistic-based adjustments to market value and the assessing staff welcomes an opportunity to individually re-verify property attributes which are of public record. We also re-examine properties in cases where there is doubt over the accuracy of our records. A very large majority of property owners’ concerns can be resolved through this informal review. In portraying the ongoing real estate “crisis,” many major media outlets fail to recognize that there are significant nuances to real estate submarkets. The benchmark that is consistently cited by the media is that average sales prices or sale volumes rapidly declined with minimal reference to the performance of the various submarkets whether it is nationally or locally. For example, the residential foreclosure and short sale market phenomenon occupied bold headlines for much of the 2008-2011 time periods. Yet when we closely review the sub-markets it is clear that our local market performed at a much more stable pace than is the norm. Also on the residential front, national sources such as Case-Shiller and Zillow have been found to be frequently inaccurate in local context. Two important points are stressed in the informal and formal appeal processes: 1. By statute the assessing staff utilizes the traditional market in setting valuations. We do not disregard the impact of the distressed sale sub-market, but we do not utilize these sales as comparables when traditional sales exist. This is not only by legal precedent but also good appraisal methodology… we are seeing a marked increase in poor quality fee appraisals using distressed sales which clearly do not understand the nuances of our market. 2. Appeals on the basis of comparative assessment are problematic at the Local Board level. By appealing on this basis, the property owner is essentially asking for a community reassessment. Market transactions set the market. Comparative assessment analysis (referred to as “equality” in assessor-speak) is handled through a very well defined process via the County and State level which has distinct performance measurements. These “norms” are further defined by legal precedent by the MN Tax Court. Equality is judged by actual market performance over the sales period and the Minnesota Department of Revenue publishes these reports annually. Assessing staff will review and adjust the assessed market value prior to the Boards during the informal review process. Where we cannot have a meeting of the minds with the property owner, the appeal process is well defined and offers multiple opportunities for re-valuation summarized as follows: 1. Local Board of Appeal and Equalization (LBAE) – The St. Louis Park LBAE is scheduled to convene on April 28 with a likely re-convene date of May 12, 2014. Staff serves as the respondent in this setting and will again provide complete information regarding each property that is the subject of appeal. This process is greatly improved if property owners contact the Assessing division in advance of the meeting if they intend to make an appeal so that we may educate them on how to prepare their appeal. 2. County Board of Review – Property owners may appeal the St. Louis Park LBAE findings to the County Board of Review. An application to appeal at the County level is required by May 21 and their Board convenes on June 16, 2014. We routinely inform all Local Board appellants of these time frames. 3. Tax Court – Property owners may appeal directly to the Minnesota State Tax Court. Petitions regarding the 2014 Assessment may be filed until April 30, 2015. Study Session Meeting of March 24, 2014 (Item No. 4) Page 6 Title: 2014 Assessment Report Big Picture of the Residential Market – Realtor Perspective Before beginning discussion of the 2014 Assessment, it seems like a good idea to provide a big picture overview from the perspective of Realtors. For the most part, the broad spectrum of residential real estate peaked somewhere between 2006 and 2007 throughout most of the metro area. The following chart is an aggregate of single-family homes, condos and townhomes from 2007 to the end of 2013. It provides a comparative reference for St. Louis Park and our immediate neighbors over a tumultuous time frame. Historic Median Sale Price – includes Aggregate of Single-Family Homes, Condos and Townhomes % Change % Change 2007 2008 2009 2010 2011 2012 2013 ’12-to-‘13 ’07-to-‘13 St. Louis Park 234,000 227,000 212,500 213,250 185,000 198,450 219,000 10.4% -6.4% Edina 376,000 389,450 324,900 339,000 339,000 343,875 350,000 1.8% -6.9% Golden Valley 272,500 263,000 220,000 235,500 199,000 218,500 246,000 12.6% -9.7% Hopkins 205,150 169,000 160,000 148,000 125,000 159,950 180,500 12.8% -12.0% Minnetonka 287,000 265,900 245,000 265,713 233,000 255,000 278,950 9.4% -2.8% Source: Minneapolis Association of Realtors Sales Data (MAAR) In contemplating the figures above, all five communities are within the upper 20% of the metro at large for overall value retention over the time frame. Additionally, we note that it is extremely important to understand there are significant differences between single-family homes, condos and townhomes over the time frame and frequently from year-to-year. Also important… the above data reflects raw sale prices for all MLS based transactions including the traditional market and the distressed market (foreclosures and short sales). Further reference on the historic foreclosure market serves as an interesting correlation: Historic Sheriff Sales (Foreclosure Precursor) for St. Louis Park To conclude the big picture overview, the majority of the ownership based residential real estate in the city of St. Louis Park has, or is in the later stages of, returning to a state of normalized market conditions. With that foreword, we now turn to a summary of the 2014 assessment roll. 0 20 40 60 80 100 120 2006 2007 2008 2009 2010 2011 2012 2013 Single-Family Condo/Twnhm Study Session Meeting of March 24, 2014 (Item No. 4) Page 7 Title: 2014 Assessment Report Summary of the St. Louis Park 2014 Assessment Roll The 2014 Notice of Valuation and Classification commence mailing in March of each year. Each notice reflects the property value and classification for a two year period as required by the MN Department of Revenue. As of January 2, 2014, the total valuation of the city stands at $5,440,900,800. Further understanding of the value composition and year-over-year trending is explored in the chart following. Assessed market value change for dominant sectors (comparison of 2014 assessment versus 2013) Single-Family Residential + 4.7% Static Basis versus + 5.6% with Improvements Condominium + 7.8% Static Basis versus + 7.8% with Improvements Townhomes + 7.4% Static Basis versus + 7.4% with Improvements Apartments + 8.2% Static Basis versus +20.2% with Improvements Commercial-Industrial - 0.5% Static Basis versus + 0.4% with Improvements St. Louis Park Total + 4.2% Static Basis versus + 6.2% with Improvements Value change on a static basis reflects an apple-to-apple comparison and does not include improvement values arising from renovations and new construction. While the static basis comparison is interesting and inherently a primary factor in setting an assessment via the mass appraisal method, the value change including improvements is much more accurate in terms of understanding the economic activity for the community and also reflects the related tax capacity changes from a total perspective. Each of the above categories will be explained at further length in the report sections following. We begin our review of the overall residential sector by breaking it down into the three dominant categories… low density (single-family homes), mid-to-high density ownership based (condos and townhomes) and apartment units. The following chart provides a current overview of the total residential stock: Housing Units – St. Louis Park as of the 2014 Assessment 11,634 8,274 3,378 424 114 Single-Family Apartments Condo & Townhome Duplex Cooperatives Study Session Meeting of March 24, 2014 (Item No. 4) Page 8 Title: 2014 Assessment Report Single-family homes comprise just under 50% of the total housing units and for the first time in the past decade less than 50% of the community’s total value. At first one would think that these facts represent decline. They do not … this change represents the evolution of the community’s housing stock as multiple new high end apartments have been added to both the total housing units and valuation. In setting the assessment, our contemplation included the traditional sales review, on-market listings at multiple points throughout the year, accessing the MLS sale info as well as statistics for the traditional and distressed markets, quintile inspections (approximately 20% of the stock is reviewed each year) and, of course, new construction and renovation permit reviews. St. Louis Park is broken down into 35 distinct neighborhoods which are configured to local history rather than cohesive competitive influences. Of the 32 neighborhoods with single-family properties, all are increasing in valuations for the 2014 Assessment. The adjustments among the neighborhoods ranges from +0.4% to 11.3% with the majority of neighborhoods between +2.0% to +7.0%. While these are overall trends it is very important to understand that individual valuation changes are outside of these ranges. Within each neighborhood, the valuations are mixed as the market continues to stabilize with many more individual properties moving up versus down for the first time since 2007. We also track the year-over-year change on a rolling five-year period along with the annual sales studies and feel confident that the 2014 assessment of single-family properties is of the best quality we can derive by mass modeling. As you can surmise, much of our attention has been on reviewing the price brackets (stratifications). Our single-family stock is normally dominated by the pricing bracket of 160,000 to 300,000 in value. When combining reduced discounts on foreclosures, a lower number of distressed properties being absorbed and the mixed competitive reaction on the traditional market, there is an indisputably wider degree of variation in the stratifications over the past year. These issues will be reviewed at further length in the discussion of the assessment report. There are forty-five (45) distinct Condominium complexes in the community with a decidedly diverse stock in terms of structural vintage, design format (apartment conversions, row-house, lo-rise, hi-rise and most everything in between). As noted in prior years, condos and townhomes tend to be considerably more volatile in valuations. This is due to three major factors in our opinion… first, condos tend to have an in- complex sub-market which simply does not apply to single-family homes; next, foreclosure absorptions are much more likely to overwhelm the traditional market and did so in several complexes from 2011 to 2013 – which are now bouncing back with very rapid sale price increases; and finally, we have seen more complexes move from owner occupied to predominantly investor/rental which tend to have lower valuations as the purchase decision is driven more heavily by investment cash flow rather than stable occupancy and ownership. The local market exhibits a very wide pricing structure which historically ranged from 70,000/unit to over 500,000/unit. For 2013, the lower price bracket extended down to just below 40,000 per unit. This too has changed for the 2014 assessment. The valuation adjustment for all complexes was +7.8% for the 2014 assessment versus -7.5% in the 2013 assessment. Within the full universe of complexes… one complex was adjusted downward for equalization reasons while all others ranged from flat to major valuation increases. Ten (10) complexes were adjusted Study Session Meeting of March 24, 2014 (Item No. 4) Page 9 Title: 2014 Assessment Report by more than +11.0% for 2014 with the largest complex based valuation increase at +24.2% -- with distinct correlation to the larger value increases being in the lower price brackets. These issues will be reviewed at further length during the discussion of the assessment report. There are eighteen (18) distinct Townhome complexes in the community. About one-half of them are relatively small with less than 20 units in the complex. The other half are predominantly in the 20-70 unit bracket with two larger complexes. Both of the larger complexes were adjusted to significant extent in the 2012 assessment due to the distressed market phenomenon. For 2013, Lohman’s stabilized and the assessed valuations were largely unchanged. For 2014 this complex was adjusted +7.1% as the market stabilizes. The townhome portion of Greensboro has been adjusted contemplating the townhome market and the ripple effect coming from the same-site mix with the condo units. In general, the market forces at play in this property type are similar to that of the condos with several mitigating factors. They include a higher average unit value which seems to be more economically durable. It is also our perception that the physical designs tend to be less problematic with few exceptions while the rate of distressed transactions and on-market listings have tended to be less dramatic. The Apartment sector for the 2012 assessment was up +4.9% which included very little new construction value due to project timing. For the 2013 assessment, the valuation increase was at +8.2% for the market based adjustment and +13.9% including new construction-with none of the newer complexes at full valuation. As on January 2nd Adagio (100 units), Tower Light (115 units), West End (119 units), 36 Park (192 units) and E2 (58 units) have reached valuation maturity for the 2014 assessment which is the major driver in the overall +8.2% static valuation increase and the +20.2% increase inclusive of new construction value. Additional complexes in planning stage or initial construction include Millennium (158 units), Calhoun Hill (7 units), Gateway (22 units) and Eliot Park (138 apartment units and 2 single-family homes). The Class A and B markets (newer, multi-story buildings with high level amenity packages) are clearly in high demand from the perspective of the investment community which is normally locally based with recent transition to multiple out-of-state investment grade buyers. The bulk of market adjustments applied to these sectors have been in a range of +16% to +20% in response to multiple trophy transactions indicating rapid value increases throughout the metro area during 2012 which intensified further in 2013. Meanwhile, the C market (commonly referred to as less than 3 stories built circa 1960-1975) comprises over 56% of the total apartment unit count. These complexes are essentially stable to up slightly for the 2014 assessment. Traditionally speaking, this sector of the apartment market normally performs in a reverse image of the lower pricing brackets of the owner-occupied residential market. We note, however, that this historic performance parameter has ceased to be reliable for 2012-2013-2014 with apartments in general having an extremely low vacancy rate, increasing rents, a much more professional approach to management as the norm and the ripple effect from new construction in the A and B stock. The Commercial and Industrial properties have been relatively stable over the past four years in terms of value growth albeit in contrast to relatively weak residential and apartment sectors. It is important to realize that these properties comprise about 5% of our total parcel count while accounting for 20.8% of the total value and, most importantly, over 1/3 of the total tax capacity of the community. For the 2014 assessment review, we note two dominant issues in Study Session Meeting of March 24, 2014 (Item No. 4) Page 10 Title: 2014 Assessment Report setting the assessment. First, the 2013 assessment ratio performance was nigh spot on the market – at 99.0% with more qualified sale transactions versus many preceding years. Second, the equalization of this sector is much more closely scrutinized across city/county boundaries as these properties tend to compete on a much larger geographic scale. The trends over the major community sub-markets are mixed from slightly up to slightly down. The city’s commercial-industrial value increased for the 2011, 2012 and 2013 assessment periods while many other communities were less robust. For commercial and industrial use properties, especially for “mature” communities, continuous redevelopment is vital to long term health. St. Louis Park has been remarkably fortunate in this regard. Significant factors in this performance have included the West End development area along with multiple smaller developments interspersed throughout the community. When the analysis turns to the existing stock, however, the picture is far more stable than bullish. The fundamental economic forces can be summarized as jobs, the availability of financing, the general economy and prior year absorption of newer construction stock following years of robust growth. In terms of the dominant use categories, office buildings are a major value component of the total stock. For the 2013 assessment, the class A and upper B properties were performing better and were the focal point of multiple high profile sale and lease transactions… as has also been seen in the better locations in the metro area. This trophy mentality has not translated to the class B and C stock where valuations were mostly flat to slightly down. Vacant and “shadow” space are forecasted to stabilize in the short term. Another dominant use category of significant note is that of retail. While retail has struggled in the metro market, in this respect the west sector has a relatively low vacancy rate. Given the scale of the West End market area, however, it has been noted that vacancies have rippled throughout the community and, to be very frank, the issue of not collecting sales taxes on internet transactions is starting to clearly affect the parity of bricks and mortar businesses which are at a distinct competitive disadvantage. We close our review with the industrial market. We have reviewed the overall market and taken a more conservative approach. Industrial, as its own sub-market, was reduced for the 2010 assessment by 2.1%, reduced again for the 2011 assessment by 0.6%, reduced again by 3.0% for 2012, essentially flat for the 2013 assessment and down 0.5% for the 2014 assessment. The primary rationale in this sector is that the majority of our structural stock is older, of lesser functional utility and is competing with newer stock in locales that previously had major valuation declines and are now increasing. This phenomenon is not likely to change in the short term future – our land values as set by market participants tend to limit the likelihood of new industrial construction projects which are primarily being located in the outer rings of the metro area where land costs are much lower. To close, the next two pages of this report provide additional overview for the 2014 assessment. The first page reflects single-family homes and the second page provides a complex breakdown of the condos and townhomes. These pages were provided as handouts at the 2014 Realtor Forum held on March 12. Further discussion on these market segments will be a focal point for the upcoming discussion. Shelard Parkway I-394 I-394 Flag AveHighway 169Edgemore DrTexas AveLouisiana AveHwy 7 Texas AveExcelsior WayHwy 100Hwy 100Soo Line RRHwy 7 28th St W Burlington N o r t h e r n R R France AveExcelsior Bl v d Natchez Ave44th St Northw e st er n R R Douglas Ave 22nd St W Minnetonka Blvd Fern Hill $341,400 Wolfe Park $199,500 Aquila $169,800 Blackstone $171,600 Oak Hill $181,500 Lenox $204,300 Westwood Hills $349,300 Eliot $197,800 Birchwood $216,700 Elmwood $228,500 Sorensen $225,450 Bronx Park $200,200 Creekside $257,900 Cedar Manor $210,100 Triangle $209,700 Cobblecrest $232,100 Lake Forest $532,300 Texa Tonka $173,000 Willow Park $217,400 Browndale $314,200 South Oak Hill $194,750 Brooklawns $226,900Meadowbrook Shelard Park Minikahda Vista $359,400 Brookside $219,500 Eliot View $182,700 Cedarhurst $198,000 Minnehaha $314,900 Pennsylvania Park $196,800 Kilmer Pond$190,900Crestview$305,400AmhurstWestdale $197,050 Minikahda Oaks $299,800 City of St. Louis Park Neighborhoods Neighborhood Map Single-Family Homes — Assess 2014 Median Value Study Session Meeting of March 24, 2014 (Item No. 4) Title: 2014 Assessment Report Page 11 Dist Condos # Median Dist Townhomes # Median Code Complex Name Units Mkt Value Code Complex Name Units Mkt Value AC Aquila Commons Coop 106 167,900 BG Brunswick Gables 7 166,600 MO Monterey Coop 8 98,900 DB Dan-Bar 4 163,000 BR Bridgewalk 92 75,600 EW Excelsior Way 38 84,300 BK Brookside Lofts 41 187,800 GR2 Greensboro 96 104,300 CT Cedar Trails 280 77,600 HE Hampshire Estates 8 126,300 CS Cedar Trails South 32 144,350 HH Hampshire House 13 130,500 CW Cedar Trails West 48 151,350 LL Lamplighter Park 5 315,300 CH Coach Homes 128 95,600 LA Lohman's Amhurst 276 139,350 EV Elmwood Village 77 242,100 ME Medley Row 22 180,800 EL Excelsior Lofts 86 198,000 MP Monterey Park 18 311,450 55+55+ Sr Condos 60 165,700 PC Princeton Ct 14 354,400 FH Fern Hill 30 163,600 QC Quentin Ct 10 351,800 TG Grand Northwest 96 339,100 SH Shamrock 16 127,900 GW Grand Way 124 259,600 SK Skyehill 31 214,600 GR Greensboro 164 48,300 SW Sungate West 48 134,700 HV Harmony Vista 74 145,600 VP Victoria Ponds 72 312,300 IB Inglewood Boutique 6 273,550 WT Westwood Twnhmes 38 164,800 LN Lynn Ave Condos 12 155,400 ZA Zarthan Apt 18 161,700 LY Lynwood Condos 11 141,000 ZP Zarthan Park 16 165,500 MC Monterey Place 30 192,700 MW Monterey West 7 222,500 MR Murphy's Ridge 4 140,000 NP Natchez Place 26 132,000 OX Oxford Gardens 12 82,100 PW Pointe West 86 230,100 Outlined complexes have active Housing Improvement PK Parkside Urban Flats 46 217,200 Associations (HIA's); balance information may be PP Pondview Park 30 106,300 obtained by calling 952-924-2694. The general info S1 Sungate I 20 107,900 number for special assessments and delinquent S2 Sungate II 26 128,500 utilities is 952-924-2111 (Utility Billing/Finance). S3 Sungate III 14 167,500 SR Sunset Ridge 240 71,700 TF Twin Fountains 88 79,600 VL Village Lofts 60 162,900 WM Westmarke 64 165,800 WE Westmoreland 72 62,900 WO West Oaks 75 198,700 WV Westwood Villa 66 64,600 WL Wolfe Lake 131 93,100 WF Wooddale Flats 34 N/A WY Wynmoor 56 79,800 33 3300 On The Park 128 104,000 35 35th St Condos 11 108,300 Source: St. Louis Park Assessing Office City of St. Louis Park -- Assess 2014 (Pay 2015) Study Session Meeting of March 24, 2014 (Item No. 4) Title: 2014 Assessment Report Page 12 Meeting: Study Session Meeting Date: March 24, 2014 Discussion Item: 5 EXECUTIVE SUMMARY TITLE: Update on Bullying Legislation – HF826 RECOMMENDED ACTION: Staff requests direction on action it should take regarding this legislation. POLICY CONSIDERATION: Does the City Council wish to take action to support this legislation? SUMMARY: At the March 10 Study Session the City Council met with members of the HRC. As a part of that discussion it was noted that a bill was being considered at the State Legislature relating to this topic (HF 826). Council discussed whether it should go on record in support of this legislation. This discussion resulted in the Council asking staff to research the proposed bill further and find out where it was at in the legislative process. Subsequently, staff reported back to the Council that the bill was still being debated in the Senate and the authors were working to address concerns of the School District Association. It now appears that the issues with the bill have been worked out and adoption of the bill could occur next week. Here is a link to HF826. https://www.revisor.mn.gov/bills/text.php?number=HF826&version=6&session=ls88&session_y ear=2013&session_number=0 FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: None Prepared by: Tom Harmening, City Manager Meeting: Study Session Meeting Date: March 24, 2014 Written Report: 6 EXECUTIVE SUMMARY TITLE: February 2014 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: In February, actual expenditures should generally run about 17% of the annual budget. General Fund expenditures are at approximately 15.6% of the adopted budget at the end of February. Revenues tend to be 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.). There are very few variances at this early point in the year. Comments on some specific revenue and expenditure variances are noted. Revenues: License and permit revenues are at 31.6% of budget due to the fact that a large portion or approximately 91% of the 2014 business and liquor license payments have already been collected, which is consistent with previous years. Permit revenue is at just under 11% of budget through February. Expenditures: The Organized Recreation Division is showing a temporary expenditure variance due to that the full Community Education contribution for 2014 of $187,400 was paid to the school district in February. The timing of this payment is consistent with prior years. The Vehicle Maintenance Division is running almost 4% over budget on expenditures at 20.8% because of high fuel and equipment maintenance expenses, which is typical of the winter months. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Summary of Revenues & Expenditures Prepared by: Darla Monson, Senior Accountant Reviewed by: Brian A. Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director Summary of Revenues & Expenditures - General Fund As of February 28, 2014 20142014201220122013201320142014 Balance YTD Budget BudgetActual Budget Unaudited Budget Feb YTD Remaining to Actual %General Fund Revenues: General Property Taxes20,169,798$ 20,209,604$ 20,657,724$ 21,987,968$ 21,157,724$ -$ 21,157,724$ 0.00% Licenses and Permits2,375,399 3,241,812 2,481,603 3,097,340 2,691,518 850,744 1,840,774 31.61% Fines & Forfeits328,150 341,356 335,150 312,182 320,150 50,761 269,389 15.86% Intergovernmental1,232,579 1,365,023 1,300,191 1,370,611 1,282,777 277,491 1,005,286 21.63% Charges for Services2,341,104 2,169,631 1,837,976 1,765,996 1,857,718 155,515 1,702,203 8.37% Miscellaneous Revenue1,079,550 1,092,234 1,092,381 1,067,188 1,112,369 47,087 1,065,282 4.23% Transfers In2,023,003 2,066,136 1,816,563 1,789,513 1,837,416 300,706 1,536,710 16.37% Investment Earnings125,000 136,415 150,000 - 150,000 - 150,000 0.00% Other Income45,600 276,273 36,650 10,755 17,950 743 17,207 4.14%Total General Fund Revenues29,720,183$ 30,898,483$ 29,708,238$ 31,401,553$ 30,427,622$ 1,683,049$ 28,744,573$ 5.53%General Fund Expenditures: General Government: Administration1,012,554$ 977,392$ 877,099$ 888,900$ 939,391$ 140,094$ 799,297$ 14.91% Accounting641,691 639,999 827,320 819,454 767,094 126,166 640,928 16.45% Assessing517,840 518,271 543,855 543,202 559,749 91,929 467,820 16.42% Human Resources667,612 645,357 678,988 731,483 693,598 118,558 575,040 17.09% Community Development1,076,376 1,052,186 1,094,517 1,090,213 1,151,467 176,241 975,226 15.31% Facilities Maintenance1,083,128 972,481 1,074,920 1,035,155 1,053,715 136,569 917,146 12.96% Information Resources1,507,579 1,363,266 1,770,877 1,595,869 1,456,979 222,144 1,234,835 15.25% Communications & Marketing265,426 244,392 201,322 170,013 566,801 56,346 510,455 9.94% Community Outreach8,185 5,341 8,185 4,581 8,185 160 8,025 1.95% Engineering927,337 939,425 303,258 288,544 506,996 79,764 427,232 15.73%Total General Government7,707,728$ 7,358,111$ 7,380,341$ 7,167,414$ 7,703,975$ 1,147,971$ 6,556,004$ 14.90% Public Safety: Police7,273,723$ 7,124,784$ 7,443,637$ 7,225,579$ 7,571,315$ 1,186,495$ 6,384,820$ 15.67% Fire Protection3,346,931 3,291,655 3,330,263 3,244,878 3,458,161 577,069 2,881,092 16.69% Inspectional Services1,889,340 1,869,616 1,928,446 1,931,772 2,006,200 321,093 1,685,107 16.01%Total Public Safety12,509,994$ 12,286,055$ 12,702,346$ 12,402,229$ 13,035,676$ 2,084,656$ 10,951,020$ 15.99% Operations & Recreation: Public Works Administration389,783$ 378,852$ 393,054$ 288,207$ 222,994$ 31,533$ 191,461$ 14.14% Public Works Operations2,604,870 2,521,463 2,698,870 2,705,345 2,625,171 392,908 2,232,263 14.97% Organized Recreation1,305,747 1,352,273 1,280,117 1,258,107 1,290,038 346,868 943,170 26.89% Recreation Center1,466,246 1,516,121 1,449,930 1,501,627 1,543,881 184,096 1,359,785 11.92% Park Maintenance1,461,645 1,444,448 1,431,825 1,424,139 1,423,011 199,201 1,223,810 14.00% Westwood515,456 506,404 520,554 503,309 531,853 77,571 454,282 14.59% Environment390,009 382,378 430,876 433,059 433,750 26,675 407,075 6.15% Vehicle Maintenance1,188,705 1,326,153 1,240,325 1,273,242 1,285,489 267,234 1,018,255 20.79%Total Operations & Recreation9,322,461$ 9,428,091$ 9,445,551$ 9,387,035$ 9,356,187$ 1,526,087$ 7,830,100$ 16.31% Non-Departmental: General -$ 65,292$ -$ 2,580$ 4,000$ 1,126$ 2,874$ 0.00% Transfers Out- 1,160,000 - - - - - 0.00% Tax Court Petitions180,000 - 180,000 53,345 327,784 - 327,784 0.00%Total Non-Departmental180,000$ 1,225,292$ 180,000$ 55,925$ 331,784$ 1,126$ 330,658$ 0.34%Total General Fund Expenditures29,720,183$ 30,297,549$ 29,708,238$ 29,012,603$ 30,427,622$ 4,759,840$ 25,667,782$ 15.64%Study Session Meeting of March 24, 2014 (Item No. 6) Title: February 2014 Monthly Financial ReportPage 2 Meeting: Study Session Meeting Date: March 24, 2014 Written Report: 7 EXECUTIVE SUMMARY TITLE: Project Report: Street Maintenance Project – Sealcoat Streets in Area 6 – Project No. 4014-1206 RECOMMENDED ACTION: No formal action requested. The purpose of this report is to inform Council about the anticipated schedule for Project No. 4014-1206 (Sealcoat project). Please provide staff with any questions or concerns that you might have. POLICY CONSIDERATION: Does the City Council wish to continue implementation of the City’s Seal Coat Program? SUMMARY: Each year as part of the Pavement Management Program, the City applies a seal coat covering to over several miles of local residential streets. This year, the streets to be treated are located in Pavement Management Area 6 in the Creekside, Brookside, Meadowbrook, Brooklawns and Elmwood neighborhoods as well as Oak Hill Park, Louisiana Oaks Park and the Rec Center. (See attached maps). The seal coat work generally consists of placing a covering of asphalt material with aggregate over streets to improve traction and add service life to the streets. Access to properties is typically maintained throughout the project. FINANCIAL OR BUDGET CONSIDERATION: This project was planned for and is included in the City’s adopted Capital Improvement Program with an estimated budget of $324,360. Project funding will be provided by the Pavement Management Fund. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Parking Lot Seal Coat 2014 Map Seal Coat 2014 Map Prepared by: Phillip Elkin, Engineering Project Manager Reviewed by: Debra Heiser, Engineering Director Approved by: Tom Harmening, City Manager Study Session Meeting of March 24, 2013 (Item No. 7) Page 2 Title: Project Report: Street Maintenance Project – Sealcoat Streets Area 6 – Project No. 4014-1206 DISCUSSION BACKGROUND: Sealcoating is the surface application of an asphalt material followed by the placement of aggregate (rock) which is embedded into the asphalt material while it is liquid. The purpose of this treatment is to add surface friction to the pavement, to seal the surface from oxidation and protect the pavements from the effects of moisture. Sealcoating can extend the life of a pavement, in good condition, by 5-9 years. The City’s Pavement Management Program provides for the sealcoating of each street once every eight (8) years. Area 6 of the Pavement Management Program is scheduled for sealcoating in 2014. These streets were last sealcoated in 2006. Area 6 comprises the streets in the Creekside, Brookside, Meadowbrook, Brooklawns and Elmwood neighborhoods as well as Oak Hill Park, Louisiana Oaks Park and the Rec Center. Maps of the streets and parking lots to be sealcoated are attached. Not all streets in Area 6 will be sealcoated. Based on the City’s pavement management software and visual inspections by Cit y staff, several streets in the area were determined to be in need of more aggressive maintenance. Sealcoating these streets at this time would be an inappropriate/ineffective use of resources. Thus, they have been eliminated from this sealcoat project with the understanding that they will be programmed for higher levels of maintenance or rehabilitation in 2017, as part of the City’s overall Pavement Management Program. An advertisement for bids will be published in the St. Louis Park Sun-Sailor on March 27 and April 3, 2014 and in Finance & Commerce on March 27 and April 3, 2014. In addition, plans and specifications will be posted on the City website and made available for download at QuestCDN.com. Final printed plans will be available for viewing at City Hall. Bids will be opened on Monday, April 21. The City Council will be asked to award the project at the May 5 Council meeting. Study Session Meeting of March 24, 2013 (Item No. 7) Title: Project Report: Street Maintenance Project – Sealcoat Streets Area 6 – Project No. 4014-1206 Page 3 Study Session Meeting of March 24, 2013 (Item No. 7) Title: Project Report: Street Maintenance Project – Sealcoat Streets Area 6 – Project No. 4014-1206 Page 4 Meeting: Study Session Meeting Date: March 24, 2014 Written Report: 8 EXECUTIVE SUMMARY TITLE: Amendments to City Code Chapter 8 Business Licenses; Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices RECOMMENDED ACTION: This report is for Council information of upcoming items. No action required unless Council requests further discussion before First Reading. POLICY CONSIDERATION: Two policy consideration: • Does Council wish to precede with the Ordinance amendments being proposed for business licensing? • Does Council wish to discuss developing a policy or ordinance regarding the use of electronic delivery devices (i.e. e-cigarettes) in City buildings and or all public facilities? SUMMARY: Regular review of City programs based in ordinance is helpful to keep regulations current and adapt to changing conditions. This group of proposed amendments is intended to provide increased clarity and effectiveness in application of business licensing: • Section 8-1 Definitions – Tobacco related devices. Staff is proposing to amend the definition to specifically include electronic delivery devices. Making this simple amendment to the definition clarifies establishments that sells e-cigarettes will need to be licensed and regulated under the Code. • Section 8-191 Initial Application – Staff is proposing to add a section stating all business license applicants must provide a designated management agent and update the City whenever there is a change in the designated management agent. • Sections 8-297(d) and 8-303(b) regarding the applicant to provide a current government issued identification as part of the Massage Therapy Establishment and Massage Therapist license application process. Staff is proposing the code designates that either Minnesota or Wisconsin state government picture identification or driver’s license will be the only acceptable form of identification required as part of the application process. Currently the State Legislature is discussing the possibility of amending the Clean Air Act to include electronic delivery devices. This would place the same restrictions on e-cigarettes as tobacco. This would be a uniform statewide requirement. Staff is proposing to wait if legislation occurs before the City considers any specific local requirements. FINANCIAL OR BUDGET CONSIDERATION: N/A 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: Ann Boettcher, Inspections Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of March 24, 2014 (Item No. 8) Page 2 Title: Amendments to City Code Chapter 8 Business Licenses; Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices DISCUSSION Section 8-1 Definitions Individuals, who have contacted the City, were wanting to open a business that sells e-cigarettes have been informed that a tobacco license would be required to sell these types of devices. Although the current definitions do not specifically include the term electronic delivery devices, nicotine is a component of tobacco used in e-cigarettes and therefore been considered a regulated product under current definition. Because of the popularity and potential public health effects of these devices, staff is proposing to include electronic delivery devices in the definitions for tobacco. This proposed addition to the definitions will clarify the ability of staff apply the requirements for a tobacco license to sell these types of devices including no sale to minors and store access of product limited to sales staff. Listed below is the proposed amendments: Tobacco and tobacco products mean any substance or item containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco or chewing tobacco, electronic delivery device and other forms of tobacco leaf prepared in such a manner as to be suitable for chewing, sniffing, or smoking. Tobacco related devices means any tobacco product as well as any pipe, rolling papers, electronic delivery device or other devices used in a manner which enables the chewing, sniffing, or smoking of tobacco or tobacco products. Section 8-191 Initial application Propose to add a requirement that the license holder must provide a designated management agent and contact information as part of the application process and update the city anytime there is a change in the designated management agent. The proposed requirement would be an effective tool in assisting staff when it becomes necessary to contact the designated management agent in charge of the licensed establishment. The focus is on local responsible party for the corporate or out-of-state-owners. Listed below is the proposed amendment: (e) License application must include the current designated management agent and contact information. At any time during the license period there is a change in the agent; the applicant must contact the city and update the name and contact information. Sections 8-297(d) and 8-303(b) Massage Therapy Establishment and Therapists Licensing Requirements As part of the application requirements, applicants need to submit a copy of their current government issued identification. However, there are some applicants submitting identification from states other than Minnesota or Wisconsin. For example, the applicant submits a California driver’s license to obtain a Massage Therapist license to work in St. Louis Park. Clearly the applicant does not live in California while working in St. Louis Park. Study Session Meeting of March 24, 2014 (Item No. 8) Page 3 Title: Amendments to City Code Chapter 8 Business Licenses; Massage Therapist, Massage Therapy Establishment and Tobacco Products and Tobacco Related Devices Massage Therapist License – Staff is proposing a requirement that current Minnesota or Wisconsin government issued picture identification or driver’s license with current residential address is the only form of identification being considered as part of the application process. Staff is proposing to designate Wisconsin because of the close proximity to the western boarder of Wisconsin and would not be out of the question that someone would commute to St. Louis Park daily to work. Massage Establishment License – Staff is proposing the same identification requirements for the establishment license for an individual obtaining the establishment license. If there is a corporation obtaining a license, the corporation can designate a manager who will provide a copy of their identification. Massage Therapy Establishment 8-297(d) The applicant or designated management agent for an annual license will be required to provide a copy of a current Minnesota or Wisconsin state government issued picture identification or driver’s license and complete a license application addendum and authorization for a background check to be completed by the city. Massage Therapist 8-303 (b) The applicant for an annual license will be required to provide a copy of a current Minnesota or Wisconsin state government issued picture identification or driver’s license and complete a license application addendum and authorization for a background check to be completed by the city. Developing a policy for the use of electronic delivery device (e-cigarettes) in City Buildings Currently the Legislature is proposing a bill to amend state statues to include terms and descriptions relative to e-cigarettes. If the bill passes and is signed by the Governor, electronic delivery devices would be covered statewide under the Clean Indoor Act and a city policy may not have to be developed depending on specific language. If the bill does not pass, should the Council address the use in the form of a written policy similar to the St. Louis Park Outdoor Recreation Facilities Tobacco – Free Policy adopted at the January 22, 2013 meeting? The policy or ordinance could restrict the use of electronic delivery devices (e-cigarettes) in all city buildings, city parks and possibly extend this to other buildings (i.e. restaurants, office buildings). Staff will return to Council at the end of the legislative session to provide an update. Item of note: use of any electronic dispensing device used to vaporize substances for ingestion (i.e. e-cigarette) is prohibited by employees in all city buildings, vehicles, equipment and facilities as part of St. Louis Park personnel policies. Meeting: Study Session Meeting Date: March 24, 2014 Written Report: 9 EXECUTIVE SUMMARY TITLE: Zoning Ordinance Amendments Related to Anaerobic Digesters RECOMMENDED ACTION: Review conditions for permitting anaerobic digesters and provide staff with any questions you might have. POLICY CONSIDERATION: D oes the City Council wish to allow anaerobic digesters by conditional use permit in the I-G Industrial District with the conditions outlined in the attached draft ordinance? SUMMARY: The Council approved the First Reading of the attached Ordinance related to anaerobic digesters on February 18, 2014. Prior to Second Reading the Council also directed staff to further consider conditions related to: • Anaerobic digesters as part of a larger development; • Odor; and • Noise. In light of the Councils direction a condition was added requiring digesters to be part of a larger development and one of the conditions related to odor control was revised to be more specific. Noise is regulated in Chapter 12 of the City Code. The revisions are discussed later in this report and are reflected in the attached Draft Ordinance. If the Council has no further concerns on the Draft Ordinance as written, the Second Reading will be set for April 7, 2014. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: 1. 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 Draft Ordinance Prepared by: Ryan Kelley, Associate Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Michele Schnitker, Housing Supervisor Approved by: Tom Harmening, City Manager Study Session Meeting of March 24, 2014 (Item No. 9) Page 2 Title: Zoning Ordinance Amendments Related to Anaerobic Digesters DISCUSSION The conditions related to anaerobic digesters for the Draft Ordinance are based on the proposed concept presented by PLACE. This concept has been presented to the Council at previous study sessions. The scale of this concept facility is of a size that staff believes may be appropriate, as a maximum limit, for an urban setting. The conditions were further drafted to control for potential nuisances related to anaerobic digesters, as understood by staff, through research and conversations with other planning staff, organics specialists, digester operators, Minnesota Pollution Control Agency (MPCA) staff and university professors. Specific concerns raised by the Council at the February 18 meeting are discussed below. Anaerobic Digesters as part of a larger development The Council indicated that they did not want anaerobic digesters as a stand-alone use. Condition “a”, which states “Anaerobic digesters shall be permitted only as part of a larger development which contains at least one other principal use, and where electricity and bio-gas produced by the digester is used primarily by the larger development” was added requiring digesters to be part of a larger development. This is a similar condition placed on other uses in the City’s existing zoning code and will prevent anaerobic digesters from being the sole use on properties in the I-G General Industrial District. Odor There are several conditions for anaerobic digesters that relate to odor control. The proposed conditions require that the digester system be located within a negatively-pressurized building, reducing the chance of odors being released. Additionally, the digester process is required to be an enclosed system further limiting the chance of odors emanating from the site. In order to be more explicit, condition “g” was revised from “Odor controlling devices shall be used to prevent odors from leaving the building” to “Odor controlling devices shall be used so that odors are not detectable outside the building containing the digester system”. This condition requires that odor controlling devices be used, but allows an applicant to select the specific technologies to employ. Noise The City regulates noise in Chapter 12 of the City Code. The regulations specify decibel levels during specific times of the day, (7:00 a.m. – 10:00 p.m. and 10:00 p.m. – 7:00 a.m.), and differentiate between residential and industrial zoning districts. These regulations further address detectable noise levels between two property lines and between two or more buildings on the same property. The City will enforce these regulations for anaerobic digesters as it does with all other uses. ORDINANCE NO.____-14 ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 36-4, 36-142, AND 36-244 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec. 1. The City Council has considered the advice and recommendation of the Planning Commission (Case No. 14-01-ZA). Sec. 2. The St. Louis Park Ordinance Code, Sections 36-4, 36-142, and 36-244 are hereby amended as follows. Section breaks are represented by ***. Sec. 36-4. Definitions. *** Food waste means all food, including meat, poultry, seafood, dairy, bread, fruits and vegetables, cheese, eggshells, rice, beans, pasta, coffee grounds and filters, tea bags, bones and other plate scrapings, and garden food waste (e.g. tomatoes, pumpkins). *** Organic material means Food waste, Yard waste and items such as, but not limited to: non- recyclable paper products, and other compostable items such as full vacuum cleaner bags, dryer lint, tissues and cotton balls, floral trimmings and house plants, and compostable plastics (certified compostable plastic utensils, cups and containers). *** Yard waste means all garden wastes, grass clippings, leaves, weeds, holiday trees, shrub and tree waste and prunings, seasonal greenery, and woodchips that are normally generated from residential properties. *** Sec. 36-142. Descriptions. *** (e) Industrial uses. The following are typical of the industrial uses referred to in this chapter. (1) Anaerobic digester is an enclosed system in which controlled anaerobic digestion occurs, converting organic material into end-products such as biogas, fertilizer, water or other solids. Characteristics may include truck traffic, odor or noises. *(Renumber subsequent Industrial Use Descriptions accordingly)* *** Sec. 36-244. I-G general industrial district. *** (d) Uses permitted by conditional use permit. No structure or land in an I-G district shall be used for the following uses except by conditional use permit. Those uses shall comply with the Study Session Meeting of March 24, 2014 (Item No. 9) Zoning Ordinance Amendments Related to Anaerobic Digesters Page 3 requirements of all the general conditions provided in section 36-242 and section 36-33 regarding conditional use permits, and with the specific conditions imposed in this subsection. *** (10) Anaerobic digester. The conditions are as follows: a. Anaerobic digesters shall be permitted only as part of a larger development which contains at least one other principal use, and where electricity and bio-gas produced by the digester is used primarily by the larger development. b. Organic material, as defined in the Zoning Code, is the only input allowed. c. No more than 30,000 tons of organic material shall be processed per year. d. The digester system, associated equipment and operations must occur completely within a negative-pressure building. e. Organic material shall be deposited from the delivery vehicle directly into an enclosed container integrated with the digester system. f. Sorting of material must occur in an enclosed container integrated with the digester system. g. Odor controlling devices shall be used to prevent odors from being detectable outside of the building containing the digester system. h. Flaring of bio-gas is only allowed to burn excess gas and shall not be visible from off- site. i. No outdoor storage is allowed. j. Retail distribution of compressed natural gas is not allowed. k. All necessary permits relating to items such as: emissions, solid waste processing, energy production, industrial waste water, and storm water must be obtained from the appropriate agencies. l. All necessary contracts or agreements with material providers and utility companies must be submitted to the City prior to the issuance of a building permit. Sec. 3. The contents of Planning Case File 14-01-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec. 4. This Ordinance shall take effect fifteen days after its publication. Public Hearing February 5, 2014 First Reading February 18, 2014 Second Reading April 7, 2014 Date of Publication April 17, 2014 Date Ordinance takes effect May 2, 2014 Reviewed for Administration Adopted by the City Council Study Session Meeting of March 24, 2014 (Item No. 9) Zoning Ordinance Amendments Related to Anaerobic Digesters Page 4