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HomeMy WebLinkAbout2013/04/08 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA APRIL 8, 2013 (Mayor Jacobs Out) 6:30 p.m. CONVENE LOCAL BOARD OF APPEAL & EQUALIZATION – COUNCIL CHAMBERS 6:45 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:45 p.m. Future Study Session Agenda Planning – April 22, 2013 2. 6:50 p.m. Highway 100 Project Update 3. 7:20 p.m. SW LRT Update 8:50 p.m. Communications/Meeting Check-In (Verbal) 8:55 p.m. Adjourn Written Reports 4. February 2013 Monthly Financial Report 5. Wood Waste Facility Contract 6. Zoning Ordinance Amendment - Mobile Medical Uses 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: 2013 Local Board of Appeal and Equalization Meeting Date: April 8, 2013 EXECUTIVE SUMMARY TITLE: 2013 Local Board of Appeal & Equalization (LBAE) RECOMMENDED ACTION: In most jurisdictions and our historic practice, the Local Board is accomplished in two meetings. The first meeting is used to convene the Board, set the Board process and announce that appeals are resolved at the reconvene meeting. The second meeting (reconvene) is used to hear and decide the merit of each appeal. The Local Board process depends on active participation from all parties involved including the board members, the property owner and assessing staff. POLICY CONSIDERATION: Local Boards and/or Open Book Meetings are required by law. The Board must conclude its business within 20 days of convening, this year by April 27, 2013. SUMMARY: All property owners are entitled to the right of appeal regarding their classification and market value. The property classification is determined by the actual use of the property. The market value is based on records maintained for every property and market conditions as of the date of the assessment (January 2). Minnesota statute requires that all properties are to be valued at full market value. The following Agenda is suggested: 1. Convene the St. Louis Park Local Board of Appeal and Equalization 2. Roll Call of Board Members – Declaration of Quorum 3. Appoint Chair 4. Acknowledgement of Trained Members (Sanger & Santa) 5. a. Accept Roster of Appellants b. Call for Any Additions 6. Determination of Date and Time for Continued Proceedings (Reconvene) Suggested as April 22, 2013 prior to Study Session 7. Instruct Assessor to: a. Inform Appellants of Reconvene Date via Telephone and Mail b. Re-Inspect and Re-Appraise Parcels Under Appeal 8. Completion of the Local Board Certification Form 9. Recess FINANCIAL OR BUDGET CONSIDERATION: Not applicable for budgeting from the perspective of the taxing jurisdictions. Changes made by the Board may affect the property owner’s share of the total property tax budget levy in the Pay 2014 tax period. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Summary of Duties & Responsibilities Sample Letter – To be sent to Each Appellant on April 9 Separate Attachment – DOR Board Training Handbook Prepared by: Cory Bultema, City Assessor Approved by: Nancy Deno, Deputy City Manager/HR Director 2013 Local Board of Appeal and Equalization April 8, 2013 Page 2 SUMMARY OF DUTIES AND RESPONSIBILITIES LOCAL BOARD OF APPEAL AND EQUALIZATION Most of the responsibilities listed under the Local Board of Appeal and Equalization are statutory, primarily found in Minnesota Statutes 274.01. • The first responsibility is attendance. The Local Board of Appeal and Equalization is an official public meeting similar to a City Council meeting and cannot convene without a quorum. The local assessor, the county assessor, or one of his/her assistants is required to attend. • At least one member must be present at each meeting of the Local Board of Appeal and Equalization (beginning in 2006) that has attended an appeals and equalization course as developed and approved by the Commissioner of Revenue. The compliance date is December 1 of the year prior to the current year’s meeting. • The valuation notices shall be in writing and be sent by ordinary mail at least ten calendar days before the meeting of the board. The valuation notice will include the dates, places and times set for the meetings of the Local Board of Appeal and Equalization as well as the Hennepin County Board of Appeal and Equalization. • The meetings must be held between April 1 and May 31 each year, including reconvene meetings. The County Assessor shall fix a day and time when the Local Board of Appeal and Equalization shall meet. The board must complete its work and adjourn within 20 days from the time of convening stated in the notice of the clerk, i.e. calendar days – original night is day one. • The clerk shall give published and posted notice of the meeting at least ten days before the date of the meeting. • Local Boards of Appeal and Equalization must see that all taxable property is properly valued and classified for the current assessment year only. The board may consider both real and personal property, and both estimated and taxable value. Personal property is limited to mobile homes and their storage sheds, decks and other improvements located in a manufactured home park, structures on leased public lands and RR operating ROW, and leased buildings located on land owned by the occupant and used as their homestead. • If any property has been omitted, the board must correct the assessment by adding it to the list of assessments along with its market value. • The board may not increase or decrease by percentage all assessments in a district of a given class of property. Changes in the aggregate to assessments are by class and are made by the County Board of Equalization. • The board may not make an individual market value adjustment or classification change that would benefit the property in cases where the owner or other person having control over the property will not permit the assessor to inspect the property and the interior of any buildings or structures. 2013 Local Board of Appeal and Equalization April 8, 2013 Page 3 • Although the Local Board of Appeal and Equalization has the authority to increase or decrease individual assessments, the total of such adjustment must not reduce the aggregate assessment by more than one percent. If the total reductions would lower the aggregate assessment by more than one percent, none of the adjustments may be made. The assessor shall correct any clerical errors or double assessments discovered by the board without regard to the one percent limitation. • The local board does not have the authority to reopen former assessments on which taxes are due and payable. • If an assessment was made after the local board meeting or if a taxpayer can establish not having received the notice of market value at least five days before the meeting, they can appeal to the County Board of Appeal and Equalization. • The board may find instances of undervalued properties. The board must notify the owner of the property that the value is going to be raised. The property owner must have the opportunity to appear before the board if they so wish. • The local boards do not have the authority to address exemption issues. Only the county assessor (and the tax court) has the authority to exempt property. They also have no jurisdiction over special programs for which an application process is required (Veterans Market Value Homestead Exclusion, Green Acres, etc.). • A taxpayer may appear in person, by council, or written communication to present his or her objection to the board. The focus of the appeal must center on the factors influencing the estimated market value or classification placed on the property. • All changes will be entered into the assessment record by the county assessor’s office. • Before adjourning, the local board should prepare an official list of the changes. The law requires that the changes be listed on a separate form. All assessments that have been increased or decreased should be shown as prescribed on the form along with their market values. The record must be signed and dated by the members of the Local Board of Appeal and Equalization. • NEW Administrative Rule from the Department of Revenue beginning with the 2013 Local Board of Review… The Assessor may not make administrative changes to the valuation or classification less than 10 days prior to the Board. All contemplated changes should be brought to the Board for review and approval. • NEW Administrative Rule from the Department of Revenue beginning with the 2013 Local Board of Review… Each appeal must be ruled on separately. • Further reference, attached separately, is provided by the MN Department of Revenue Board Training Manual (2012 update). This manual gives considerably greater detail as to the process and role of the Board in the assessment process. 2013 Local Board of Appeal and Equalization April 8, 2013 Page 4 SAMPLE LETTER TO ALL BOARD ROSTER PROPERTIES Address line 1 April 9, 2013 Address line 2 Address line 3 Re: St. Louis Park Local Board of Appeal & Equalization Subject Address Property ID #: xx-xxx-xx-xx-xxxx Dear : The Board convened on April 8 and the above-referenced property has been entered onto the appeal roster. You are receiving both a telephone call and this letter to inform you that the reconvene date has been scheduled for X:XX pm on April 22, 2013 in the City Hall Council Chambers located at 5005 Minnetonka Boulevard, St. Louis Park, MN 55416. Appeals will be heard at this meeting. The following are important for you to know: If the Assessing staff has not already inspected your property within the last year, they must complete an interior and exterior inspection to revalue the property. Important: Refusing access precludes the Board from taking action that would benefit the owner (MN statute 274.01). Assessing staff will then complete their revaluation and contact you prior to the April 22 meeting to inform you of their conclusion. This is an important component of the Local Board process. If the assessing staff and you as the owner can mutually agree to resolve the matter, the agreement will be reported to the Board… while it is common that that the Board ratifies mutual agreement, please note that the Board is the decision maker on the issue. This method of resolution is often preferred by property owners as it is not necessary to speak before the board. When agreement cannot be reached, the Board hears the case. Past practice has been as follows: You, as the appellant, are allowed about 5-10 minutes to present information supporting your value position. The assessing staff, as the respondent, is allowed about 3-5 minutes to present information and their conclusion. The Board hears the information and decides the market value and/or classification as of January 2, 2013. The Board has full authority to sustain, increase, or decrease individual assessments. The Board does not have authority to reopen prior assessments. The Board does not have authority to change current and past real estate taxes. The property owner may appear in person, by representative, and/or by written communication to the Board. As the Assessor, I suggest focusing your appeal on the factors influencing market value and/or classification of the property as of the assessment date. We strongly recommend fact based locally competitive market information pertaining directly to your property (sales, appraisals, etc.). National or regional information, while interesting, may not necessarily correlate to this specific local market. The Board appreciates receiving written information before the meeting. The assessing staff prepares a written report on all parcels under appeal and submits it to the Board prior to the meeting. If you would like your written documentation to be included in the Board packet, please provide it to my office by 12:00 Noon on Wednesday April 17 to allow time for copying 2013 Local Board of Appeal and Equalization April 8, 2013 Page 5 or scanning. Otherwise, please prepare ten (10) copies of written materials to be brought to the Board meeting on April 22. Upon completion of the Local Board, you will be notified via letter of the Board action. If you do not agree with the Local Board decision, you are eligible to attend the Hennepin County Board of Appeal & Equalization which convenes in June. An application to appear before the County Board is required no later than May 22, 2013. If you have any further questions on the Local Board process, do not hesitate to contact me directly. Cory Bultema, City Assessor Direct Dial 952-924-2536 2013 Local Board of Appeal and Equalization April 8, 2013 Page 6 2013 Local Board of Appeal and Equalization April 8, 2013 Page 7 2013 Local Board of Appeal and Equalization April 8, 2013 Page 8 2013 Local Board of Appeal and Equalization April 8, 2013 Page 9 2013 Local Board of Appeal and Equalization April 8, 2013 Page 10 2013 Local Board of Appeal and Equalization April 8, 2013 Page 11 2013 Local Board of Appeal and Equalization April 8, 2013 Page 12 2013 Local Board of Appeal and Equalization April 8, 2013 Page 13 2013 Local Board of Appeal and Equalization April 8, 2013 Page 14 2013 Local Board of Appeal and Equalization April 8, 2013 Page 15 2013 Local Board of Appeal and Equalization April 8, 2013 Page 16 2013 Local Board of Appeal and Equalization April 8, 2013 Page 17 2013 Local Board of Appeal and Equalization April 8, 2013 Page 18 2013 Local Board of Appeal and Equalization April 8, 2013 Page 19 2013 Local Board of Appeal and Equalization April 8, 2013 Page 20 2013 Local Board of Appeal and Equalization April 8, 2013 Page 21 2013 Local Board of Appeal and Equalization April 8, 2013 Page 22 2013 Local Board of Appeal and Equalization April 8, 2013 Page 23 2013 Local Board of Appeal and Equalization April 8, 2013 Page 24 2013 Local Board of Appeal and Equalization April 8, 2013 Page 25 2013 Local Board of Appeal and Equalization April 8, 2013 Page 26 2013 Local Board of Appeal and Equalization April 8, 2013 Page 27 2013 Local Board of Appeal and Equalization April 8, 2013 Page 28 2013 Local Board of Appeal and Equalization April 8, 2013 Page 29 2013 Local Board of Appeal and Equalization April 8, 2013 Page 30 2013 Local Board of Appeal and Equalization April 8, 2013 Page 31 2013 Local Board of Appeal and Equalization April 8, 2013 Page 32 2013 Local Board of Appeal and Equalization April 8, 2013 Page 33 2013 Local Board of Appeal and Equalization April 8, 2013 Page 34 2013 Local Board of Appeal and Equalization April 8, 2013 Page 35 2013 Local Board of Appeal and Equalization April 8, 2013 Page 36 2013 Local Board of Appeal and Equalization April 8, 2013 Page 37 2013 Local Board of Appeal and Equalization April 8, 2013 Page 38 2013 Local Board of Appeal and Equalization April 8, 2013 Page 39 2013 Local Board of Appeal and Equalization April 8, 2013 Page 40 2013 Local Board of Appeal and Equalization April 8, 2013 Page 41 2013 Local Board of Appeal and Equalization April 8, 2013 Page 42 2013 Local Board of Appeal and Equalization April 8, 2013 Page 43 2013 Local Board of Appeal and Equalization April 8, 2013 Page 44 2013 Local Board of Appeal and Equalization April 8, 2013 Page 45 2013 Local Board of Appeal and Equalization April 8, 2013 Page 46 2013 Local Board of Appeal and Equalization April 8, 2013 Page 47 2013 Local Board of Appeal and Equalization April 8, 2013 Page 48 2013 Local Board of Appeal and Equalization April 8, 2013 Page 49 2013 Local Board of Appeal and Equalization April 8, 2013 Page 50 2013 Local Board of Appeal and Equalization April 8, 2013 Page 51 Meeting: Study Session Meeting Date: April 8, 2013 Discussion Item: 1 EXECUTIVE SUMMARY TITLE: Future Study Session Agenda Planning – April 22, 2013 RECOMMENDED ACTION: The City Council and the City Manager to set the agenda for the regularly scheduled Study Session on April 22, 2013. 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 22, 2013. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Future Study Session Agenda Planning – April 22, 2013 Prepared by: Kay Midura, Office Assistant Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of April 8, 2013 (Item No. 1) Page 2 Title: Future Study Session Agenda Planning – April 22, 2013 Reconvene Local Board of Appeal & Equalization, April 22, 2013 – Time TBD Study Session, April 22, 2013 – 6:30 p.m. Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Metropolitan Airport Commission Update – Inspections (45 minutes) MAC Commissioner Lisa Peilen and MAC Director of Environment Chad Leqve will discuss information on airport noise history, flight paths, and possible FAA direction with RNAV. SLP has been a member of the Noise Oversight Committee (NOC) since it was created, sharing an at-large seat on the committee with the cities of Apple Valley, Burnsville, Inver Grove Heights, St. Paul, Sunfish Lake, and Edina (recently added). 3. Beltline Station Area Circulation and Access – Community Development (45 minutes) The Beltline Station Area Advisory Committee completed its meetings on circulation in March and would like to present the report to City Council. The report discusses which options should be further pursued and gives a short, medium, or long term priority to them. This is a fairly high level look at options. All of the circulation improvements would need more study, process and decision-making before moving forward. 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. Reports 4. 2013 March Financial Report 5. First Quarter Investment Report (January – March 2013) 6. Business Terms with Eliot Park, LLC End of Meeting: 8:10 p.m. Meeting: Study Session Meeting Date: April 8, 2013 Discussion Item: 2 EXECUTIVE SUMMARY TITLE: Highway 100 Project Update RECOMMENDED ACTION: A short presentation by MnDOT on the Visual Quality process, followed by a discussion on public art by staff will be provided. Staff recommends contracting with Myklebust+Sears for public art design. Please direct any further questions to staff. POLICY CONSIDERATION: Does Council wish to proceed with contracting with artists on public art opportunities along the Highway 100 corridor? SUMMARY: On December 3, 2012, the City Council granted municipal consent for the Highway 100 layout. MnDOT subsequently moved forward with preliminary design, completion of the Environmental Assessment (EA), and advancement of the visual quality and public art process. The visual quality process and incorporation of public art are being developed concurrently in close cooperation. A project update was subsequently provided to Council on February 25, 2013. MnDOT expects to have the Visual Quality Manual completed this July and hold an open house informational meeting related to visual quality and public art sometime late this spring or early summer. A subsequent informational meeting to discuss more of the greater project itself (construction plans, schedule, staging, etc.) would follow shortly thereafter. FINANCIAL OR BUDGET CONSIDERATION: Per MnDOT’s initial request, the City’s share of the MnDOT project cost was estimated to be approximately $60,000. As the City continues to work with MnDOT through final design, including visual quality and public art considerations, the City’s share of the project cost may increase, depending on the level of improvements desired by the City. In addition to cost participation in the actual MnDOT project, the City also has several other related obligations: Engineering Expenses: Previous Expenses and Studies $90,000 Additional Engineering Expenses $150,000 Bridge Widening Costs (6’ Striped Shoulders) $137,000 Utility Relocations or Improvements: Stormwater Facilities $600,000 Sanitary Sewer and Water Facilities $1,900,000 Utica Ave Reconstruction $250,000 Any additional design fees for any form-liner and railing are expected to be similar to the design fees for the Highway 7 and Louisiana public art project. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: Discussion Prepared by: Scott Brink, City Engineer Reviewed by: Michael P. Rardin, Public Works Director Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of April 8, 2013 (Item No. 2) Page 2 Title: Highway 100 Project Update DISCUSSION Public Art In addition to the Visual Quality Manual Group (see below), a Hwy 100 Public Art Committee was established to identify public art opportunities in the Hwy 100 corridor. Andrea Myklebust and Stan Sears of Myklebust+Sears have been selected to work on public art for this corridor because of their experience working with MnDOT and their recent experience working with the City of St. Louis Park on the public art for the Highway 7 and Louisiana project. Two public art opportunities that are most time sensitive are form-liner work on the Highway 7 and Minnetonka Boulevard bridges and a decorative railing on the Minnetonka Blvd bridge. Council had expressed interest in seeing a decorative railing on the Hwy 7 and Louisiana bridge. A railing was not possible on that project but was identified as a potential opportunity on the Minnetonka Blvd bridge over Hwy 100. These two art opportunities do not preclude other areas of public art, but the designs for the form-liner and railing work need to be provided to MnDOT by July 1, 2013 to incorporate into their overall design plans. Other art opportunities may exist that do not need to be implemented into the design plans at this time. Visual Quality Beginning on December 6, 2012, monthly meetings for the Visual Quality Process have been conducted to eventually develop a Visual Quality Process Manual for the project. A Visual Quality Manual Group or committee (VQM) comprised of representatives from adjacent neighborhoods, institutions adjacent to the highway, staff, the City’s artist, and other interests have been providing input. The meetings have articulated community values and objectives to ensure sensitivity to visual quality and aesthetics (including public art) in the design. This input is currently being fed into the aesthetic design of key project elements such as the bridges, abutments, and noise walls with concurrent consideration of public art. Project Advisory Committee MnDOT is also working to form a Project Advisory Committee. This group will meet on a biannual basis through completion of the design phase and more frequently during actual construction. The purpose of this committee will be to allow MnDOT to provide current project information and receive feedback from stakeholders to help better understand and address the many issues that arise during a project of this magnitude. Specific committee members have not yet been determined, but it is expected that members will include a wide variety of interests, including representatives of the many agencies involved (both elected representatives and staff), such as the City, County, State, the business community, and other stakeholders as appropriate. Preliminary and Final Design MnDOT continues to progress forward with the development and completion of construction plans. At this time, the plans are essentially 50 percent complete and are expected to be finished by the end of this year. Public and private utilities within the project corridor are being addressed, including relocations, replacements, and other needs as necessary. In addition, plans for construction staging are being developed, including the timing of bridge constructions, road closures, and other critical components. Additional information with regards to the construction and staging plans are expected to be shared later this summer after those plans are further known and developed. Study Session Meeting of April 8, 2013 (Item No. 2) Page 3 Title: Highway 100 Project Update Noise Walls and Environmental Assessment MnDOT completed the Environmental Assessment (EA) phase of the project earlier this year. MnDOT also previously completed the public process and balloting procedure for determining if noise walls should remain in the project, and noise walls will remain in the plans for both sides of the highway from Highway 7 to roughly 26th Street. Project Schedule: Based on the current project status and progress made to date, the following schedule is anticipated at this time: Completion of Construction Plans and Specifications December 2013 – January 2014 Right of Way Acquisition May 2013 - May 2014 Open Bids and Award Contract May 2014 Construction Late 2014 - 2016 Meeting: Study Session Meeting Date: April 8, 2013 Discussion Item: 3 EXECUTIVE SUMMARY TITLE: SW LRT Update RECOMMENDED ACTION: Updates from Metropolitan Council Southwest Project Office (SPO) staff and Hennepin County consultants on SW LRT engineering and planning processes. POLICY CONSIDERATION: No actions at this time. In coming months the City will be asked to act on the key components of the SWLRT project and SWLRT station area plans. Key issues will include among other things freight rail routing, LRT platform locations and park and ride locations. Ultimately the City Council will be asked for Municipal Consent on the full plan. SUMMARY: Council will hear an update from the various agencies on several activities occurring related to SW LRT planning and engineering. Metropolitan Council is conducting the Preliminary Engineering (PE) process and Hennepin County’s Community Works is undertaking the Transitional Station Area Action Plans (TSAAP). There will be brief updates from individuals from the various projects at the meeting on the activities, process and schedule for the work that is underway. Metropolitan Council – Preliminary Engineering Mark Fuhrman, New Starts Rail Director, and Jim Alexander, Director of Design and Engineering for SW LRT from the Metropolitan Council SPO will be present to give an update on the status the Preliminary Engineering work. They will discuss the project work, timeline and schedule. Overall the schedule is to present PE drawings to cities in September 2013 for Municipal Consent by the end of the year. A recommendation on freight rail is expected in summer 2013. Hennepin County Community Works – Transitional Station Area Action Plans (TSAAP) Jeff Miller of HKGi, the TSAAP Consultant, will summarize the TSAAP process including the project work, timeline and schedule. FINANCIAL OR BUDGET CONSIDERATION: Not applicable at this time. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community. SUPPORTING DOCUMENTS: SW LRT Summary of Current Activities PE Map of Technical Issues Chart of SW LRT Processes Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of April 8, 2013 (Item No. 3) Page 2 Title: SW LRT Update SW LRT Summary of Current Activities April 8, 2013 1. Preliminary Engineering (PE) – Met Council Southwest Project Office (SPO) • PE consultants are on board (collecting data, survey work, soils information, testing alternate layouts and alignments, modeling traffic and park and ride) • Issues Resolutions Group (IRG) staff meetings began week of 2-11-13 (See attached SW LRT PE Technical Issues Map) Two for St. Louis Park: i. St. Louis Park general ii. Freight Rail issues 2. Transitional Station Area Action Plans (TSAAP) – Hennepin County Community Works • TSAAP staff charrette completed week of February 5, 2013 (looked at information and options relating to stations, potential for redevelopment, and developed initial concept plans) • Community Open Houses are scheduled: Thursday, April 18, 2013 in St. Louis Park at the Rec Center, 5:30-7:30 3. Station Areas – St. Louis Park • Beltline Station Area – Advisory Committee wrapping up report on access and circulation; report to Council in April. • Louisiana Station Area – Hiring consultant and creating Advisory Committee for Design Guidelines, stormwater planning using Met Council Pre-development grant. • Wooddale – Will create an Advisory Committee to review and provide input on PE and TSAAP plans. Study Session Meeting of April 8, 2013 (Item No. 3) Title: SW LRT Update Page 3 Southwest Light Rail Transit (SWLRT) SW LRT “PROJECT” Met Council SW LRT COMMUNITY WORKS Hennepin County Deliver SW LRT line Maximize community and economic benefits of SWLRT Corridor Management Committee Steering Committee Technical Implementation Committee (TIC) TIC-Principals Southwest Project Office Committees ▪ TPAC ▪ IRTs CITY St. Louis Park Prepare station areas for changes City Council • Staff • Station Area Advisory Committees • Business Advisory Committee (BAC) • Community Advisory Committee (CAC) Study Session Meeting of April 8, 2013 (Item No. 3) Title: SW LRT Update Page 4 Meeting: Study Session Meeting Date: April 8, 2013 Written Report: 4 EXECUTIVE SUMMARY TITLE: February 2013 Monthly Financial Report RECOMMENDED ACTION: No action required at this time. POLICY CONSIDERATION: None at this time. SUMMARY: The Monthly Financial Report provides summary information for the General Fund and the Park & Recreation Fund of revenues and departmental expenditures and a comparison of budget to actual throughout the year. FINANCIAL OR BUDGET CONSIDERATION: Actual expenditures should generally run about 17% of the annual budget in February. Currently, the General Fund has expenditures totaling 14.9% of the adopted budget and the Park and Recreation Fund expenditures are at 14.2%. Revenues tend to be harder to gauge 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, PERA Aid, etc.). There are very few variances at this early point in the year. A few brief comments are noted below. General Fund Revenues: • In February, 36% of the license and permit revenues have been received in the General Fund. As in prior years, this is because most 2013 liquor and business license payments have already been received. In the Administration Department, 94% or $233,000 of the budgeted liquor license revenues have been received. In the Inspections Department, 88% or approximately $354,000 of the business license revenues for the year have been recorded, with most of the payments coming in late 2012 and deferred to 2013 to accurately reflect the year that the license revenue is earned. Building permit revenues are at 16% of budget through February. Park & Recreation Fund Expenditures: • The Environment Division is running slightly over budget at 18.5% due to tree pruning work in February. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Summary of Revenues & Expenditures Prepared by: Darla Monson, Senior Accountant Reviewed by: Brian A. Swanson, Controller Approved by: Nancy Deno, Deputy City Manager/HR Director Summary of Revenues - General Fund and Park & Recreation As of February 28, 2013 201320132011 2011 2012 2012 2013 2013 Balance YTD Budget BudgetActual Budget Unaudited Budget Feb YTD Remaining to Actual %General Fund Revenues: General Property Taxes 15,426,072$ 15,372,076$ 15,998,292$ 16,038,098$ 16,314,802$ -$ 16,314,802$ 0.00% Licenses and Permits 2,345,910 2,797,588 2,368,799 3,241,372 2,481,603 894,612 1,586,991 36.05% Fines & Forfeits 328,200 281,047 328,150 341,356 335,150 28,024 307,126 8.36% Intergovernmental 1,136,187 1,243,494 1,163,677 1,275,279 1,203,289 262,952 940,337 21.85% Charges for Services 1,152,643 1,077,137 1,270,354 1,095,909 1,401,797 95,650 1,306,147 6.82% Miscellaneous Revenue 100,150 129,142 111,650 103,029 114,200 26,237 87,963 22.97% Transfers In 2,589,876 2,553,665 2,023,003 2,066,136 1,816,563 298,252 1,518,311 16.42% Investment Earnings 200,000 203,282 125,000 136,415 150,000 150,000 0.00% Other Income 4,750 22,686 3,450 10,871 4,700 3,215 1,485 68.41%Total General Fund Revenues23,283,788$ 23,680,117$ 23,392,375$ 24,308,465$ 23,822,104$ 1,608,942$ 22,213,162$ 6.75%Park & Recreation Revenues: General Property Taxes 4,000,561$ 4,000,561$ 4,171,506$ 4,171,506$ 4,342,922$ -$ 4,342,922$ 0.00% Licenses and Permits 6,600 110 6,600 440 - 139 (139) 0.00% Intergovernmental 77,652 208,536 68,902 89,744 96,902 1,474 95,428 1.52% Charges for Services1,095,250 1,082,163 1,070,750 1,073,722 1,073,400 78,058 995,342 7.27% Miscellaneous Revenue937,400 1,035,310 967,900 989,204 978,181 126,885 851,296 12.97% Other Income15,000 78,902 42,150 265,402 31,950 250 31,700 0.78%Total Park & Recreation Revenues6,132,463$ 6,405,582$ 6,327,808$ 6,590,018$ 6,523,355$ 206,805$ 6,316,550$ 3.17% 201320132011 2011 2012 2012 2013 2013 Balance BudgetBudgetActual Budget Unaudited Budget Feb YTD Remaining to Actual %General Government: Administration 889,798$ 825,168$ 1,012,554$ 977,392$ 877,099$ 151,879$ 725,220$ 17.32% Accounting 612,964 624,573 641,691 639,999 657,592 99,575 558,017 15.14% Assessing 500,141 506,426 517,840 518,271 543,855 90,177 453,678 16.58% Human Resources 652,770 629,734 667,612 645,357 678,988 107,113 571,875 15.78% Community Development 1,094,186 1,082,461 1,076,376 1,052,186 1,094,517 165,651 928,866 15.13% Facilities Maintenance 1,114,551 955,880 1,083,128 972,481 1,074,920 139,229 935,691 12.95% Information Resources 1,394,226 1,421,858 1,507,579 1,363,266 1,770,877 149,699 1,621,178 8.45% Communications & Marketing 294,470 256,558 265,426 244,392 201,322 18,548 182,774 9.21% Community Outreach 88,515 84,300 8,185 5,341 8,185 - 8,185 0.00%Total General Government6,641,621$ 6,386,958$ 6,780,391$ 6,418,686$ 6,907,355$ 921,872$ 5,985,483$ 13.35%Public Safety: Police 7,208,512$ 6,943,375$ 7,273,723$ 7,124,784$ 7,443,637$ 1,202,284$ 6,241,353$ 16.15% Fire Protection 3,164,344 3,061,962 3,346,931 3,291,655 3,330,263 508,046 2,822,217 15.26% Inspectional Services 1,863,296 1,818,212 1,889,340 1,869,616 1,928,446 307,953 1,620,493 15.97%Total Public Safety12,236,152$ 11,823,549$ 12,509,994$ 12,286,055$ 12,702,346$ 2,018,283$ 10,684,063$ 15.89%Public Works: Public Works Administration829,698$ 803,259$ 389,783$ 378,852$ 393,054$ 55,450$ 337,604$ 14.11% Public Works Engineering846,032 816,280 927,337 939,425 940,479 134,197 806,282 14.27% Public Works Operations2,550,285 2,461,099 2,604,870 2,521,463 2,698,870 420,317 2,278,553 15.57%Total Public Works4,226,015$ 4,080,638$ 3,921,990$ 3,839,739$ 4,032,403$ 609,964$ 3,422,439$ 15.13%Non-Departmental: General 81,287$ -$ 65,292$ -$ -$ 0.00% Transfers Out900,000 - 1,160,000 - - 0.00% Tax Court Petitions180,000 - 180,000 - 180,000 - 180,000 0.00%Total Non-Departmental180,000$ 981,287$ 180,000$ 1,225,292$ 180,000$ -$ 180,000$ 0.00%Total General Fund Expenditures23,283,788$ 23,272,432$ 23,392,375$ 23,769,772$ 23,822,104$ 3,550,118$ 20,271,986$ 14.90%Park & Recreation:Organized Recreation1,239,230$ 1,266,774$ 1,305,747$ 1,352,273$ 1,317,526$ 165,809$ 1,151,717$ 12.58%Recreation Center1,442,447 1,424,076 1,466,246 1,516,121 1,463,224 179,958 1,283,266 12.30%Park Maintenance1,435,374 1,462,866 1,461,645 1,444,448 1,483,576 218,118 1,265,458 14.70%Westwood502,366 488,579 515,456 506,404 533,565 77,515 456,050 14.53%Environment371,324 396,664 390,009 382,378 430,876 79,537 351,339 18.46%Vehicle Maintenance1,141,722 1,300,708 1,188,705 1,326,153 1,294,588 202,873 1,091,715 15.67%Total Park & Recreation Expenditures6,132,463$ 6,339,666$ 6,327,808$ 6,527,777$ 6,523,355$ 923,809$ 5,599,546$ 14.16%Summary of Expenditures - General Fund and Park & RecreationAs of February 28, 2013 Meeting: Study Session Meeting Date: April 8, 2013 Written Report: 5 EXECUTIVE SUMMARY TITLE: Wood Waste Facility Contract RECOMMENDED ACTION: No action needed at this time. The purpose of this report is to update Council on contract discussions on our wood waste facility. POLICY CONSIDERATION: None at this time. BACKGROUND: The City is in a six-year contract that expires this month with Environmental Wood Supply, LLC. for the management of the City’s wood waste site located at 2501 Edgewood Ave. S. (map attached). Through this agreement, the City has reduced its cost for wood waste and time expenditure for management of the site. Also, our wood waste is recycled and used at District Energy for biofuel consumption used for heating and cooling St. Paul. This agreement has saved us $40,000 to $50,000 a year in wood processing and debris removal fees. SCOPE OF NEW CONTRACT: Staff has been working with vendors in pursuit of an enhanced future management contract for this site. A memorandum of understanding and an agreement has been reached with Specialized Environmental Technologies, Inc. (SET) and City staff for a five year contract, with the site being managed by SET (in partnership with Environmental Wood Supply, LLC. now called Ever-Green Energy, LLC). Enhancements from previous contract into this new contract include: • $12,000.00 revenue to City for land use by SET; • All leaf street sweepings, spring and fall, will be hauled off site at no City cost (used to be just fall sweeping up to specified amount); • City’s yard waste will be brought to site, then should be able to be transferred out within 72 hours. Staff is working out the details. This should reduce per tonnage costs for yard waste transfer. • Removal of excess soils (i.e. water main spoils) from site annually up to 300 cubic yards (city used to pay for this service); • Processing of storm debris at no additional cost (additional cost in past); • Staffing of site throughout winter months (limited hours) (was closed during winter months in past); and • Provision of 100 yards of certified compost for City use (no option in past). FINANCIAL OR BUDGET CONSIDERATION: In addition to past cost savings, this new contract will provide a $12,000 revenue to the City. 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: Site Map attached Prepared by: Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Nancy Deno, Deputy City Manager/HR Director C ed ar L ake R o ad µWood Waste Facility2501 Edgewood Ave SouthStudy Session Meeting of April 8, 2013 (Item No. 5) Title: Wood Waste Facility Contract Page 2 Meeting: Study Session Meeting Date: April 8, 2013 Written Report: 6 EXECUTIVE SUMMARY TITLE: Zoning Ordinance Amendment - Mobile Medical Uses RECOMMENDED ACTION: No action at this time. The purpose of this report is to respond to the Council’s request for information pertaining to mobile pet vaccinations. POLICY CONSIDERATION: Should the City amend the Zoning Ordinance to allow Mobile Medical Uses? How does the increased presence of mobile commercial vehicles impact the image of the City and competition among the existing “brick & mortar” businesses? SUMMARY: The City Council directed staff to determine if mobile pet vaccinations are allowed under the current City Code, and if not, then to give options as to how the City Code could be amended to allow it. The Council received a report from staff in January of 2013 outlining how the temporary uses ordinance could be amended to allow mobile pet vaccinations. The Council responded saying the draft ordinance was problematic because it tied the mobile pet vaccinations to properties that conducted the same or similar use inside a building, and that its operation was limited to 14 days per calendar year. As a means of addressing the City Council’s concerns, staff prepared a different approach to accommodate mobile medical uses (attached). This approach allows mobile pet clinics to operate in a manner similar to the Mobile Food Uses. The amendment expands the pet vaccination request to include all non-surgical medical uses pertaining to humans and pet care. The use was expanded so it would cover mobile MRI trailers and bloodmobiles. It would also cover mobile dental and mobile dog grooming operations, which the City has received requests for over the past two years. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Discussion Draft Ordinance Prepared by: Gary Morrison, Assistant Zoning Administrator Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Director of Community Development Approved by: Nancy Deno, Deputy City Manager/HR Director Study Session Meeting of April 8, 2013 (Item No. 6) Page 2 Title: Zoning Ordinance Amendment - Mobile Medical Uses DISCUSSION BACKGROUND: The City Council directed staff to determine if mobile pet vaccinations are allowed under the current City Code, and if not, then to give options as to how the City Code could be amended to allow it in a limited capacity. Existing Zoning Regulations: Upon review of the ordinance, staff determined that temporary pet vaccination is allowed to operate up to 14 days per calendar year at a property under the following circumstances: 1. Outside a premises that performs pet care inside a building as a matter of routine business. 2. Outside a dog park with the permission of the City Park & Recreation Dept. 3. As part of a festival, farmers market or other event that includes multiple temporary sales and uses. This draft ordinance amendment was presented to the Council in a report in January of 2013. The Council responded saying that it was problematic because it tied the mobile pet vaccinations to properties that conducted the same or similar use inside a building, and that its operation was limited to 14 days per calendar year. These two provisions are important to the temporary use ordinance, and cannot be changed. Therefore, staff decided to look for another method to allow mobile pet vaccinations. Alternative option for allowing mobile pet vaccinations: Another option to allow mobile pet vaccinations would be to amend Section 36-82(b)(10) that allows Mobile Food Vehicles. This provision was created by the City on November 19, 2012. The amendment created a new temporary land use category that allowed restaurants to operate out of motorized vehicles or trailers with conditions. This new category differs from the temporary use category mentioned above in that there is not a limit as to how many days it can operate per year, and there does not have to be a same or similar use occurring inside a building located at the property where the mobile vehicle is operating. If the City Council wishes to allow mobile pet vaccinations, then the Mobile Food Uses provision could be amended to expand the list of uses that would be allowed as mobile uses. Staff prepared an amendment that transforms the Mobile Food Uses ordinance into a Mobile Uses ordinance. An amendment was drafted, and is attached for your consideration. The draft ordinance begins by listing conditions that apply to all mobile uses, and concludes with conditions that are specific to certain uses. The draft ordinance proposes to allow only mobile food and mobile medical uses. Staff expanded on the pet vaccinations request to include any non-surgical medical use that pertains to human and pet care. By doing this, the City would allow mobile MRI trailers and Bloodmobiles to locate on properties that do not have permanent same or similar uses occurring on the property. It would also include mobile dental facilities and dog grooming, which we have had inquiries about in the past. NEXT STEPS: If there are no objections, staff will proceed with the following schedule: April 17, 2013 – A public hearing is scheduled at the Planning Commission. May 20, 2013 – First reading of the mobile use ordinance amendment. June 3, 2013 - Second reading of the mobile use ordinance amendment. Study Session Meeting of April 8, 2013 (Item No. 6) Page 3 Title: Zoning Ordinance Amendment - Mobile Medical Uses DRAFT ORDINANCE Section 36-4 - DEFINITIONS: *** Mobile Use means a commercial activity conducted as a temporary use within a vehicle. Mobile Use-Food means a vehicle or cart used to prepare and serve food and/or beverages in individual portions in a ready-to-consume state. Mobile Use-Food does not include the sale of groceries or vegetables and fruits not prepared for immediate consumption at the vehicle. Mobile Use-Medical means a vehicle used for the following: blood mobiles, medical imaging, dental care, or general non-surgical medical treatment and evaluation. Mobile Use-Medical also includes pet care when limited to grooming or medical treatment, including non-surgical treatment of any animal, reptile, fish or bird. Mobile Use – Medical does not include massage or any type of surgery. *** Section 36-82(b) Authorized temporary Uses. *** (10) Mobile UseFood Vehicle. Mobile Uses food vehicles (vehicle) are permitted with the following conditions: a. Only Mobile Use-Food and Mobile Use-Medical are permitted. ab. The vehicle is not permitted on property that is zoned residential and used as a residential dwelling. bc. The vehicle shall have all permits and licenses required by the State and Hennepin County to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state and county law. d. A building permit is required for a trailer if the customer enters the trailer during the conduct of the business. ce. The vehicle may be parked in a public right-of-way if the right-of-way is closed as authorized by the City. df. The vehicle operator shall have written permission from the property owner to operate on their property. The written permission shall be kept with the vehicle, and made immediately available to the City upon request. e. Only food and non-alcoholic beverages shall be sold. fg. The vehicle operator shall comply with the following site standards: 1) The vehicle shall be parked on a paved surface, unless it is located on a public park as approved by the City. 2) The vehicle shall be located at least 30 feet away from an entrance to a public road. 3) The vehicle shall not disrupt traffic and parking. 4) The vehicle shall not have a drive-thru. 5) There shall be at least six feet of safe pedestrian passage around the vehicle. gh. Hours of operation shall be limited to the hours between 7:00 a.m. and 10 pm. Study Session Meeting of April 8, 2013 (Item No. 6) Page 4 Title: Zoning Ordinance Amendment - Mobile Medical Uses hi. Lighting shall be limited to: 1) Vehicular lighting that is required by law. 2) Lights necessary to illuminate the inside of an enclosed vehicle, service deck of a cart, and the point of sale area of the vehicle. The lighting shall not extend above the vehicle, shall be downcast, and shielded in such a way to illuminate the vehicle, and a point of sale area only. The lighting shall not directly illuminate an area more than 10 feet away from the vehicle. ij. Noise generated by the vehicle and the use shall not become a nuisance. The operation of the vehicle shall adhere to the following: 1) No vehicle shall use or maintain any outside sound amplifying equipment, televisions or similar visual entertainment devices, or noisemakers, such as bells, horns, or whistles. 2) Power generators shall not exceed 70 decibels measured 10 feet away from the source. jk. Signage shall be limited to the following: 1) Text and images permanently applied to the vehicle as a decal or painted image and text. 2) Signs that are attached to the vehicle. The signs shall not extend above the roof of the vehicle, or extend more than five inches beyond any side of the vehicle. These signs can be unlit or internally lit. 3) Text and images permanently applied to awnings that are attached to the vehicle, do not extend above the height of the roof of the vehicle, and are at least six feet from the ground to the bottom of the awning. 4) Text and images permanently applied to umbrellas that are attached to a food cart. The umbrella shall be less than nine feet in height, and maintain a clearance of at least six feet from the ground to the bottom of the umbrella. 5) One Pedestrian sign as defined in Section 36-362. The Pedestrian sign must be located within five feet of the vehicle. kl. Trash, litter, recycling and refuse shall be handled in the following manner: 1) All waste liquids, garbage, litter and refuse shall be kept in leak proof, nonabsorbent containers which shall be kept covered with tight-fitting lids and properly disposed of at the establishment the vehicle operates from. Public trash cans shall not be used to dispose of waste generated by the operation. Excepted from this is the occasional use by customers. 2) No waste liquids, garbage, litter or refuse shall be dumped or drained into sidewalks, streets, gutters, drains, or any other place except the licensed food establishment. 3) The operatorvendor shall provide a garbage receptacle with a tight fitting lid. The receptacle shall be easily accessible for customer use, and located within five feet of the vehicle. 4) The operator shall be responsible for all litter and garbage left by customers. lm. Overnight parking of the vehicle is not permitted, except that a vehicle under a long term contract to operate on a premises may be kept overnight on the same premises with the following conditions: 1) The vehicle is open for business at least six hours and five days per week for every week it is kept on site. The business hours must be posted on the outside of the vehicle at all times. 2) The vehicle is kept along the front wall of the building, near the customer entrance of the building. 3) The vehicle is kept within 10 feet of the principal building wall. Study Session Meeting of April 8, 2013 (Item No. 6) Page 5 Title: Zoning Ordinance Amendment - Mobile Medical Uses 4) There is a minimum of six feet of pedestrian walkway between the vehicle and the edge of the sidewalk or marked pedestrian walkway. 5) Vehicles located on public property are exempt from these requirements pertaining to overnight parking. n. Mobile Use-Food shall also comply with the following conditions: 1) Only food and non-alcoholic beverages shall be sold. 2) The vehicle shall not have in-vehicle sales or service. 3) Vehicles stored overnight on private property shall be kept within 10 feet of the principal building wall, near the customer entrance of the building. 4) All services and preparation must occur inside the vehicle. o. Mobile Use-Medical shall also comply with the following conditions: 1) The caregivers shall have all permits and licenses required by the State and Hennepin County to operate. A current copy of the permits and licenses shall be kept at the vehicle and immediately made available upon request. The operator shall comply in all respects with all requirements of state and county law. 2) The vehicle shall be used to provide a non-surgical medical or pet grooming service only. 3) Hazardous waste shall be contained and disposed of in a manner required by law. 4) Overnight boarding of pets is not permitted. 5) The sale of animals is not permitted. 6) Services and transactions shall occur inside the vehicle.