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2010/03/08 - ADMIN - Agenda Packets - City Council - Study Session
AGENDA MARCH 8, 2010 6:15 p.m. BOARD AND COMMISSION APPOINTMENT DISCUSSION – Council Chambers 6:30 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – March 15 and March 22, 2010 2. 6:35 p.m. Tax Increment and Bond Financing Basics 3. 8:05 p.m. Proposed Amendments to City Business Licensing and Environmental Health Codes 4. 8:25 p.m. School District Facility Closings 5. 9:10 p.m. Communications (Verbal) Written Reports 6. Summary of Results of City Council Workshop 7. Commercial Areas Market Study Update 8. Commissioner Conflict of Interest Policy 9:15 p.m. Adjourn St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. 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 Date: March 8, 2010 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Future Study Session Agenda Planning – March 15 and March 22, 2010. RECOMMENDED ACTION: Council and the City Manager to set the agenda for the special study session on March 15 and the regularly scheduled study session on March 22, 2010. POLICY CONSIDERATION: Does the Council agree with the agendas as proposed? BACKGROUND: At each study session, approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the tentative agenda and proposed discussion items for the regularly scheduled study session on March 22, 2010. In addition, on occasion, special study sessions are required as is the case for March 15. For that reason, please find attached the tentative agenda and proposed discussion item scheduled for that date. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for March 15 and March 22, 2010 Prepared by: Lisa Songle, Office Assistant Approved by: Tom Harmening, City Manager Meeting of March 8, 2010 (Item No. 1) Page 2 Tentative Discussion Items Special Study Session, Monday, March 1, 2010 – 6:00 p.m. – Box Lunches will be Available 1. Public Safety Dispatch – Police (80 minutes) Staff will continue discussions with the City Council regarding public safety dispatch services as a follow up to its discussions with Council at the February 8 and February 22 Study Sessions. End of Meeting: 7:20 p.m. Tentative Discussion Items Study Session, Monday, March 22, 2010 – 6:30 p.m. 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Parks and Recreation Advisory Commission – Administrative Services/Parks and Recreation (45 minutes) As a follow-up to the City Councils review of the Parks and Recreation Advisory Commissions annual report and work plan, Staff and Council will review and discuss the currently defined mission and role of the Commission and any changes that may be appropriate. 3. Emerald Ash Borer Policy – Parks and Recreation (30 minutes) Staff will provide an overview on the proactive approach it will be utilizing to remove public trees based on the policy developed to deal with the Emerald Ash Borer and how it will maximize grant funds to do so. 4. Urban Forestation Planting Plan – Parks and Recreation (20 minutes) Staff will update Council on the Urban Forestation Planting Plan that was developed via the funds dedicated to this initiative from excess land sale proceeds. 5. Turf – High School Football Field – Parks & Recreation (45 minutes) Staff will present a report to the City Council on the feasibility of installing artificial turf on the St. Louis Park High School football field. 6. Communications – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session for the purposes of information sharing. Reports: February 2010 Financial Reports Overview of 2010 Market Value Assessment End of Meeting: 9:00 p.m. Meeting Date: March 8, 2010 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Tax Increment and Bond Financing Basics. RECOMMENDED ACTION: To review how tax increment, tax abatement, and bond financing work and how each may be used by the City. This overview should be helpful as the City Council considers the issuance of bonds over the next year and potential requests for tax increment assistance. POLICY CONSIDERATION: Does the EDA/City Council have any questions regarding these financing vehicles and their use? Is there additional information that staff should provide? BACKGROUND: Mark Ruff and Stacie Kvilvang with Ehlers & Associates (the City’s financial advisor) will provide an overview on tax increment, tax abatement, and bond financing as redevelopment and financing tools. They will address the following questions among others: – What is TIF? – What is tax abatement? – What are bonds and how are they issued and repaid? – Why use these financing tools and what are their eligible uses? – How has the City used these financing tools in the past? – How do we avoid providing too much TIF assistance? Next Steps Later this spring, Ehlers will present the City’s annual TIF district report. That report reviews the financial health of each of the City’s TIF districts, including the revenues generated from each and the funds available to pay outstanding obligations. The report also identifies findings, and presents recommendations that should be discussed regarding the management of these TIF districts and related debt. FINANCIAL OR BUDGET CONSIDERATION: None at this time. Meeting of March 8, 2010 (Item No. 2) Page 2 VISION CONSIDERATION: None at this time. Attachments: Ehlers’ PowerPoint Presentation Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager TIF & Bonds 101City of St. Louis ParkMarch 8, 2010Mark Ruff & Stacie Kvilvang – EhlersMeeting of March 8, 2010 (Item No. 2) Page 3 AgendaProperty Tax OverviewTax Increment ReviewIntroduction to AbatementBriefing on BondsMeeting of March 8, 2010 (Item No. 2) Page 4 What is TIF?The ability to capture and use most of the increased local property tax revenues from new development within a defined geographic area.Meeting of March 8, 2010 (Item No. 2) Page 5 What is Abatement?Each local jurisdiction may decide to use its portion of the existing or new property tax revenues from any development within a defined geographic area.Meeting of March 8, 2010 (Item No. 2) Page 6 TIF and Tax AbatementComplexity of TIF and AbatementComplexity of property tax systemTax capacityState property taxesMarket value taxesFiscal disparitiesDifferent rules for Each type of district When the district was createdPolicy issues fairly simpleMeeting of March 8, 2010 (Item No. 2) Page 7 Property Tax Basic TermsMarket ValueAssessor assigns value on January 2ndof any given year, used for the following year’s taxes.Tax Capacity Based upon class rates or “capacity to pay”Commercial/IndustrialAnything over $150,000 at 2%Owner Occupied Housing1st$500,000 at 1%Anything over $500,000 at 1.25%Rental Housing (more than 1 unit)1.25%“Tax Capacity” has been dilutedMeeting of March 8, 2010 (Item No. 2) Page 8 Taxes Not CapturedState Property Taxes9Tax paid by commercial users to support education (cabin owners pay as well)9Not included in local tax capacity rate, therefore it is not applied to captured value for TIF districts or abatementMarket Value Taxes9School operating referendums and other school taxes9Based upon market value of property rather than tax capacity of property9Not included in local tax capacity rate, therefore it is not applied to captured value for TIF districts or abatementMeeting of March 8, 2010 (Item No. 2) Page 9 Fiscal DisparitiesFiscal Disparities TaxesState Law requires commercial/industrial (C/I) properties in 7-County metro area to contribute 40% of new C/I valuation to an area-wide pool for redistribution to all local taxing jurisdictionsPolicy choice for CouncilFiscal disparities paid outside of TIF districtIncrease available TIF on an annual basisImpacts existing tax payersMeeting of March 8, 2010 (Item No. 2) Page 10 Property Taxes DistributionCounty18%School TC9%Other4%City17%State**24%School MV5%Fiscal Disparities23%Where Commercial Tax Dollars Go: $10M Value = $323,000 Annual Property Tax (3.23% of Value)Meeting of March 8, 2010 (Item No. 2) Page 11 Property Taxes DistributionCounty33%School TC17%School MV12%City31%Other7%Where Residential Tax Dollars Go: $250,000 Value = $3,000 Annual Property Tax (1.2% of Value)Meeting of March 8, 2010 (Item No. 2) Page 12 Why Use TIF or Abatement?Encourage certain types of development or redevelopment that would not normally occur without assistance (“but for” test).9Create or retain jobs9Redevelop blighted areas9Remediate polluted sites9Construct affordable housingMeeting of March 8, 2010 (Item No. 2) Page 13 Building Blocks of TIFOriginal Tax CapacityThere is Value in the District There is Value in the District when created (also called when created (also called ““base valuebase value””))Tax revenues Tax revenues continue go to continue go to all local all local governmentsgovernmentsMeeting of March 8, 2010 (Item No. 2) Page 14 Building Blocks of TIFOriginal Tax CapacityDevelopment Development occursoccursTIF District TIF District ““capturescaptures”” value from new value from new developmentdevelopmentAbatement can Abatement can ““capturecapture”” part or the entire value part or the entire value from the parcelfrom the parcelMeeting of March 8, 2010 (Item No. 2) Page 15 Project Area – Where money can be spentProject AreaTIF districts must be located in a Project AreaEstablished by various statutory authorities (EDA for St. Louis Park)Sets boundary for TIF expendituresMeeting of March 8, 2010 (Item No. 2) Page 16 TIF District – Where increment is collectedProject AreaTIF DistrictTIF DistrictDefines parcels for capture of valueSome increment can be spent outsidethe TIF District, but in the Project Area (“Pooling”)Project Area can contain multiple TIF DistrictsRedevelopmentRedevelopmentHousingMeeting of March 8, 2010 (Item No. 2) Page 17 St. Louis Park TIF Districts –Meeting of March 8, 2010 (Item No. 2) Page 18 Uses of TIFEligible uses9Land acquisition and relocation9Demolition and clearance9Site improvements and parking9Public utilities9Administration9Interest on financing9Ineligible uses9Recreation (parks, trails, ice arenas, etc.)9City buildings9Certain enhanced public improvementsMeeting of March 8, 2010 (Item No. 2) Page 19 City of St. Louis Park13 TIF Districts9 Redevelopment districts2 Housing districts1 Soils district1 Renewal and Renovation district2 Hazardous Substance SubdistrictsDiffering terms and qualifications Meeting of March 8, 2010 (Item No. 2) Page 20 Redevelopment26 year maximum termQualificationsMore than 50% buildings substandard70% of parcels are “occupied”Any future use allowedExamples: Park Commons, West End, and Mill CityMeeting of March 8, 2010 (Item No. 2) Page 21 Renewal and Renovation16 year maximum termQualifications20% of buildings substandard30% “incompatible”70% of parcels are “occupied”Any future use allowedExample: Elmwood VillageMeeting of March 8, 2010 (Item No. 2) Page 22 HousingAffordability requiredRental housing At least 20% of units affordableOwner-occupied95% of housing affordableHomebuyer’s income is limited, not price26 year maximum termExample: Park CenterMeeting of March 8, 2010 (Item No. 2) Page 23 Soils and Hazardous SubdistrictSoils DistrictSignificant contamination issues21 year maximum termOnly use TIF for clean-upEdgewood was a soils TIF districtHazardous Substance SubdistrictBring base value to $0Must attach to a TIF district firstPark Nicollet and Highway 7 establishedMeeting of March 8, 2010 (Item No. 2) Page 24 But For TestsShould have evidence that project meets statutory requirements for needDeveloper “pro forma” or projectionsComparable costs of landRiskFuture development potential for siteConsider look-back provisionDeveloper detail actual costs after completeMeeting of March 8, 2010 (Item No. 2) Page 25 FinancingEach project has a development agreement/contractMay need business subsidies provisionWho up-fronts TIF costs?CityG.O. Bond or Interfund loanDeveloperPay-as-you-goNo risk to City but higher rateMeeting of March 8, 2010 (Item No. 2) Page 26 Tax Abatement “TIF lite”Actually a rebate rather than a foregiveness of taxes for up to 20 yearsEach jurisdiction has to authorize use of its share of property taxesNo rules on what type of project may receive benefitCan be used for public improvements rather than direct subsidyOutside of levy limitsMeeting of March 8, 2010 (Item No. 2) Page 27 Security for BondsGeneral Obligation (G.O.)Lowest interest rate: AAA rating (169 total in US)Full faith and credit of the City’s tax baseCan be “double barrel” G.O.Revenues used first to pay debt but City “co-signs”Unlimited pledge: Bondholders can force property taxes to be raised to pay debtRevenue BondsLimits City’s liabilityPledge may be revenues or a leaseMeeting of March 8, 2010 (Item No. 2) Page 28 Current Debt ObligationsCity’s overall outstanding G.O. debt: $31,480,000Legal debt limit for G.O. debt supported by taxes is $169,190,000 (3% of taxable market value)G.O. debt supported by taxes: $5,720,000G.O. debt supported by tax increment: $12,530,000G.O. housing debt (Louisiana Court): $3,870,000G.O. utility debt (water, sanitary sewer and storm sewer): $9,360,000Meeting of March 8, 2010 (Item No. 2) Page 29 Upcoming DebtApril, 2010G.O. Housing Improvement Area BondsRefinancing in 2010Importance of call (pre-payment) datesTypically drop rates by 1% to 3%G.O. Storm Sewer Bonds, Series 2001BG.O. Recreation Bonds, Series 2003AG.O. Bonds - Louisiana Court refinancing2011 - Fire stationsMeeting of March 8, 2010 (Item No. 2) Page 30 Legal AuthorityCity CharterIssue G.O. bonds with Council super-majorityAny corporate purposeBonds subject to debt limit – 3% of market valueState LawReferendum unless meet an exceptionMany exceptionsMeeting of March 8, 2010 (Item No. 2) Page 31 Issuing ProcessRolesBond attorney: legal opinion that project meets state and federal lawsRating agency: Summary of city’s debt, socio-economic, tax base and management capacity to make timely paymentsFinancial advisor: Structure debt and create competitive processUnderwriter/bank: Purchases bonds and resells to retail and institutional buyersMeeting of March 8, 2010 (Item No. 2) Page 32 Structure and RestrictionsCan structure payments to meet cash flowAllowed up to 3 years for capitalized interestCan have uneven paymentsG.O. Bonds limited to 30 yearsShorter duration encouraged for rating purposesDebt outside of levy limitsMeeting of March 8, 2010 (Item No. 2) Page 33 Tax-exempt vs. TaxableTax-exempt BondsLow interest rates due to state and federal subsidy to bond buyerGovernmental purposes Non-profit or “private activity” conduit bonds allowedTaxable BondsPrivate purposesNew “Build America” Bonds with direct payment back to City from U.S. TreasuryMeeting of March 8, 2010 (Item No. 2) Page 34 Meeting Date: March 8, 2010 Agenda Item #: 3 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Proposed Amendments to City Business Licensing and Environmental Health Codes. RECOMMNEDED ACTION: No formal action needed. Staff desires to review with Council the final changes proposed to the City’s business licensing and environmental health codes before bringing them to the City Council for adoption. POLICY CONSIDERATION: Are the proposed code changes acceptable to the City Council? BACKGROUND: This report is a follow-up to a City Council discussion during the November 9, 2009 Study Session. At that time the City Council directed staff to continue developing an ordinance modifying business licensing of massage therapy establishments, the addition of an individual massage therapist license requirement, and enhancing the peddlers/solicitors licensing program. Most of the current code and resulting licensing programs were last revised during the 2002 City Code re-codification. Other code modifications proposed at this time are to the language used for updating fees, re- inspection fees for licensed establishments, insurance requirements for licensed commercial entertainment establishments, changes to the Catering Vehicle category in the Food and Beverage licensing codes, updating references to the Minnesota Department of Health code and an additional requirement of installing and maintaining grease traps in food establishments. The proposed revisions are discussed by section below: Chapter 8 Business Licenses Fees Sec.8-33 Issue – The existing language establishing fees does not correctly reflect the current process of adoption by ordinance for new or updated fees. Proposal – Change the language to state fees are set by ordinance as listed in Appendix A of the Code. Fees are subsequently adopted by ordinance and codified into Appendix A at the time of annual review. Discussion – This amendment is essentially a housekeeping revision to ensure the language correctly reflects the actions taken when adopting fees associated with licensing. Meeting of March 8, 2010 (Item No. 3) Page 2 Multiple Re-inspection Fee for Licensed Businesses Sec. 8-193 Issue – Multiple inspections occur at some licensed establishments that do not correct code violations in a timely manner, resulting in multiple re-inspections and additional staff time. This issue was discussed with the City Council as part of the 2010 budget adoption process. Council asked that staff follow-up on creating a re-inspection fee. Proposal - Create a new license fee component in Section 8-33. The re-inspection fee is proposed to help cover the cost of city services that occur when multiple re-inspections of licensed property become necessary. This is often a result of management being negligent in completing timely corrections of identified code violations. Performing multiple re-inspections has become an increasing time consuming problem with some businesses. A total of 1928 business license were issued in 2009. About 30 – 40 of these establishments have required multiple re-inspections to obtain compliance. Listed below are the proposed components for multiple re-inspection fees: a) The service fee would be charged when more than two re-inspections are required to achieve code compliance following a correction notice from the initial inspection. b) A multiple re-inspection fee of $130 is proposed. This amount represents an average of two hours of staff time spent on scheduling, travel, inspection, report writing, and recordkeeping. This amount is consistent with our fee-for-service approach to recover the cost of the services being provided. Multiple re-inspections add to overall program cost and reduce the efficiency and effectiveness of inspection programs. c) Fees not paid at the time of inspection would be included with the license renewal. The annual license provides a vehicle for relatively easy collection of any outstanding fees before the license is issued for continued business operation. Discussion - Although raising revenue is a possible result from re-inspection fees, successful implementation of this provision would hopefully be an incentive for business owner’s to work with the inspector and make the corrections in a timely manner, thereby avoiding the use of re-inspection fees. This incentive is potentially more useful as a tool and the first step to encourage compliance before issuing a citation or formal complaint. Massage Therapy Establishment License Sec. 8-296 – 8-300. Issue – The increase of massage therapy establishments and individuals providing massage therapy services outside of licensed establishments has resulted in complaints about the legality of some services being offered. Proposal –Add requirements to the existing business license code. Changes proposed to this section include: a) The business owner would receive an annual background check performed by the Police Department as part of the application process. Currently, a background check is only completed when the city receives an application for a new establishment. Criteria are proposed to specify what would be grounds for denial of a license as a result of the background check. This will require additional staff time and will be evaluated for the effect on the annual license fee cost when 2011 fees are recommended. Meeting of March 8, 2010 (Item No. 3) Page 3 b) The establishment may only allow licensed massage therapists to perform massage within the establishment. The establishment licensee, if performing massage, would also be required to be a licensed massage therapist. A reduced fee is proposed in this case since only a single background check is needed. c) The proposed revision would eliminate the allowance of a portable sink to be used for hand washing and necessitate a plumbed hand sink as required by the Minnesota State Plumbing Code. Massage Therapist License Sec. 8-300 – 8-305. Issue – Presently no license is required for an individual providing massage therapy within a licensed establishment or as a private practice outside an establishment. It is unknown if the massage therapist is qualified to provide legitimate massage therapy. Proposal - Creation of a new licensing category for individual massage therapists. Requirements intended to create a minimum competency level are: a) Each massage therapist must be licensed whether working within a licensed establishment or providing massage therapy outside of a licensed establishment. Examples are a therapist who provides therapy to a client’s residence or office. b) License applicants must have successfully completed a minimum 400 hours of training for massage therapy from an accredited school and provide verification as part of the application process. Proof of membership in the American Massage Therapy Association (AMTA) or National Certification Board for Therapeutic Massage and Bodywork (NCBTMB) would also qualify since they require higher levels of practitioners for membership. c) A background check completed by the Police Department will be done every year as part of the annual license application process. Criteria are proposed that provide grounds for denial of a license as a result of the background check. This will require additional time and will be reviewed for the effect on the annual license fee cost for 2011 d) A reduced fee would be charged to owners of a licensed establishment if they are also obtaining a therapist license to reflect a single background check. e) An exception would allow students at a massage therapy school, operating within the city, to perform massage on the public provided they are supervised by a licensed massage therapist within a licensed establishment. Discussion for both the Massage Establishment and Therapist License– Two informational meetings were held December 15 and 17, 2009 inviting currently licensed massage establishment owners to discuss the proposed changes to the establishment license requirements and the addition of a massage therapist license. All establishments performing massage therapy, whether as an independent operation or associated with a spa, salon or chiropractor office, must receive an annual business license. Staff in attendance included representatives from Inspections and the Police Department. Meeting of March 8, 2010 (Item No. 3) Page 4 Overall, the owners supported the proposed revisions to the existing establishment license requirements and application process including the licensing of individual therapists. The issues brought forward by the owners included hours of training, type of accepted certification, possibility of reduced license fee for the therapist if they were also the license holder for the massage therapy establishment, and a tool for enforcement of unlicensed individuals providing body services that are not massage therapy. Peddlers, Solicitors and Transient Merchants License Sec.8-571-579 – Issue – During the last few years the City has experienced an increased number of complaints from residents regarding the actions of registered solicitors. Since the Inspections Department issues these solicitor registrations, the public contacts the department for immediate response and formal action when issues arise. Unfortunately, the Inspections Department does not have the tools required for the type of action necessary to deal with the less than desirable solicitor or peddler. Proposal - Revisions are extensive and intended to help prevent the problems associated with peddlers and solicitors within the city during recent years. To help facilitate the background, licensing, and complaint investigation process, this program is being transferred from the Inspections Department to the Police Department. Applicants will be required to go to the Police Department Service Counter for an application and also to receive a license. Proposed requirements include: a) A background check completed by the Police Department done every year before issuing an annual license. Proposed in the code are criteria that establish grounds for denial of a license as a result of the background check. This will require additional time by staff and will be reviewed for the effect on the license fee amount for 2011. b) A photo I.D. of the applicant will be created and serve as the license and will be required to be visibly worn at all times when the peddlers and solicitors are located and working within the city. Discussion – The Police Department has purchased software in which picture identification badges can be made for all the solicitors who successfully complete the license application process. The transition of moving the program from the Inspections Department to the Police Department should be seamless. Commercial Entertainment Establishment License Sec. 8-214. Issue –Licensed commercial establishments currently are not required to provide proof of general liability insurance as part of the licensing process. These types of establishments generally have a high public occupancy with people of all ages creating situations in which people could sustain injury. The Inspections Department has received calls from users of these establishments asking for insurance information assuming this information is a requirement of licensing. Proposal - Modifications are proposed to the existing licensing provisions. There are only few establishments currently licensed as Commercial Entertainment Establishments. The following requirements are proposed to be added to this section: Meeting of March 8, 2010 (Item No. 3) Page 5 Licensee shall maintain current general liability insurance policy in the amount of a minimum of $100,000 for each person, $500,000 per occurrence and $1,000,000 aggregate. Evidence of insurance would be provided with license application. Discussion - Establishments are inspected to ensure compliance with Building, Fire and Property Maintenance Codes. Additionally, because of the nature of these operations, staff believes the business owners should carry general liability insurance in case of public injury and be available to the public if requested. This provision has been discussed with the owners of these establishments. They all indicated acceptance with considering this provision, each currently having insurance that meets or exceeds the proposed limits. Other cities that license similar establishments and require general liability insurance include Bloomington and Minnetonka. Food and Beverage Establishments Sec. 256-258 Issue – Currently a $75 Catering Vehicle Decal is issued to a vehicle used to transport food from a licensed facility to another location or event. Some food services use vehicles for direct sales to businesses or group functions. The catering vehicle classification is not accurate and does not align with state requirements. Proposal – Change the category from Catering Vehicle Decal to Mobile Food Vehicle and add the exception that a mobile food vehicle is not required to obtain the license and decal if the vehicle is operated by a food and beverage establishment licensed by the City or has a State issued commissary or catering food license. Discussion – Modifying the category to Mobile Food Vehicle aligns this type of license with the adopted codes by the State Department of Health. Chapter 12 Environment and Public Health Environmental and Public Health Regulations Adopted by Reference Sec 12-1. Issue -The Minnesota Department of Health has prepared a new delegation agreement for cities and counties performing environmental health services. In preparation to enter into a new delegation agreement this year, the City needs to ensure our Code properly adopts the necessary MN Statutes and Rules for Food, Pools, and Lodging as specified in the agreement. Also, restaurants which do not properly contain grease create a problem for our city sewer mains. This can increase staff time to clean and introduces the possibility of back-ups due to grease clogging, thereby effecting other properties. Proposal – To adopt the MN rules as required in preparation of the new delegation agreement and add requirements for installing and maintaining grease traps for each food establishment that has the potential for grease to enter building plumbing and city sanitary sewer systems. Meeting of March 8, 2010 (Item No. 3) Page 6 These requirements are already utilized during inspections; local adoption will only place them within our Code as referenced documents. These statues and rules are: a) Air Quality Environmental Emissions - MN Rules Chapters 7011 and 7023 b) Food Code - MN Statues Chapter 157 and 327 and MN Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification and the addition of requirements for grease traps. c) Public Swimming Pools - MN Statues Section 144.71 through 144.74 and MN Rules 4717.0150 through 4717.3970 for Public Pools. d) Lodging Establishments – MN Rules – 4625.0100 through 4625.2300. In addition to updating the code sections, we are adding requirements for the installation and maintenance of grease traps. Discussion –Referencing the MN Statues and Rules for the MN Department of Health Delegation Agreement is essentially a housekeeping action and does not have any real effect on the code requirements or operations of businesses in the city. The proposed requirements for installing and maintaining grease traps will be mandatory as part of the food equipment plan review or plumbing review for new or existing food establishments. This will ensure the protection of plumbing located in the structure and the city sanitary sewer systems. NEXT STEPS: If Council is in agreement with these proposed amendments to the code, staff will be returning March 15, 2010 at a regular Council meeting to present the ordinance for first reading. FINANCIAL OR BUDGET CONSIDERATION: Modifications to our licensing program will have a budget neutral effect. Any increase costs incurred by the City would be recovered through establishing revised licensing fees. VISION CONSIDERATION: Not applicable. Attachments: Proposed Ordinance Amendments Prepared by: Ann Boettcher, Inspection Services Manager Reviewed by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager ORDINANCE NO. _______ AN ORDINANCE RELATING TO BUSINESS LICENSES, AMENDING REGULATIONS RELATING TO INSPECTION FEES, MASSAGE THERAPY, PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS, AND FOOD AND BEVERAGE ESTABLISHMENTS THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 8-33 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-33. Fees. Except as otherwise provided in this chapter, all fees for licenses under this chapter, including investigation fees, shall be fixed and determined by the city council, adopted by resolution and uniformly enforced set by ordinance of the city council and listed as appendix A of this Code. Such license fees may, from time to time, be amended by council resolution. New fees called for by any ordinance subsequently adopted may be adopted by ordinance of the council at second reading and codified into appendix A at the time of the next annual review by the council. In the case of contractor, business and animal licenses, license applications received within the last thirty (30) days of the license term will be issued a license for the following year in the fee amount set for the following calendar year. Section 2. Section 8-193 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-193. Re-inspection Fee. An inspection service fee shall be assessed to the licensee for each additional re- inspection to verify code compliance after a correction notice has been issued and the violation has not been corrected within two subsequent inspections. The licensee will be invoiced for any re-inspection fees. Any and all outstanding fees due must be paid before any change of business ownership is approved or issuance of any annual license renewal. Section 3. Section 8-1 of the St. Louis Park Code of Ordinances is amended to add the following definition: Massage therapist means a person who practices or administers massage therapy. Section 4. Section 8, Division 3, Subdivision VI of the St. Louis Park Code of Ordinances relating to massage therapy licensing is amended to read by adding the underlined language and deleting the strikethrough language: Meeting of March 8, 2010 (Item No. 3) Page 7 Sec. 8-296. Massage Therapy Establishment License required. No person shall engage in the business of operating operate a therapeutic massage therapy establishment either exclusively or in connection with any other business enterprise without first obtaining a therapeutic massage therapy establishment license from the city. Sec. 8-297. Massage Therapy Establishment Regulations adopted. (a) Each licensed therapeutic massage therapy establishment in the city shall be constructed and maintained in compliance with the health, safety and building regulations of the city, and all state laws, rules and regulations, including but not limited to the following: (1) Walls, floors and ceilings must be smooth, clean and in good repair. Low nap carpeting is permitted provided it is kept clean and without wear or tear. (2) Massage rooms must be equipped with lighting capable of illuminating horizontal surfaces with a minimum intensity of 50 foot candles to facilitate room cleaning. (3) Massage rooms must be equipped with mechanical air ventilation or an exhaust fan. (4) A hot and cold water hand washing sink or an NSF approved portable hand sink with soap and hand drying by mechanical or disposable towel is required in the therapeutic massage area. Use of a public bathroom or janitor’s sink is not allowed. One sink may serve multiple massage therapy rooms in the same business area. (5) Any person performing massage therapy, including the licensee of a massage therapy establishment, must be licensed as a massage therapist pursuant to Section 8-302. (b) No customer or patron of a therapeutic massage therapy establishment shall be allowed to enter the licensed premises after 8:30 p.m. and before 8:00 a.m. daily. No customer or patron of a therapeutic massage therapy establishment shall be allowed to remain upon the licensed premises after 9:15 p.m. and before 8:00 a.m. daily. Such restrictions on hours shall not apply where the massage therapy is provided within a health/sports establishment, and in such case, the hours for massage therapy must coincide with the health/sports establishment's hours of operation. (c) During any hours in which any person is present on the licensed premises of a therapeutic massage therapy establishment, such therapeutic massage establishment shall be open to inspection by the city inspectors and police officers. Upon demand by any police officer the city, all persons engaged in providing services in any a therapeutic massage therapy establishment licensed premises shall identify themselves, giving their true legal by name and correct address. Meeting of March 8, 2010 (Item No. 3) Page 8 (d) The applicant for a new an annual license will be required to provide a copy of a current government issued identification and complete a license application addendum and authorizing authorization of for a background check to be completed by the city. Sec. 8-298. Massage Therapy Establishment License Application. (a) Each application shall be made on a form supplied by the city and shall contain the following information: (1) Name of business. (2) Address of business. (3) Property owner name, address and phone number. (4) Applicant name, address and phone number. (5) Name of manager/proprietor. (6) Names of licensed massage therapist and city license numbers. (7) Whether the applicant is an individual, corporation, partnership, or other form of organization. (8) If the applicant is an individual: a. The true name, place and date of birth, address and phone number of the applicant. b. Whether the applicant has ever used or has been known by any other name and, if so, what was such name and information concerning dates and places where used. c. The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by Minn. Stat. ch. 333 shall be attached to the application. d. The street address at which the applicant has lived during the preceding five (5) years. e. The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. f. The names and addresses of the applicant’s employers and partners, if any, for the preceding five (5) years. g. Whether the applicant has ever been convicted of any crime or violation of any ordinance other than traffic ordinances. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had. h. The physical description of the applicant. i. Whether the applicant is licensed in other communities to run similar businesses, and, if so, where. j. Whether the applicant has previously been denied a massage license or had such a license or permit suspended or revoked, along with an explanation of any such denial, suspension or revocation. (9) If the applicant is a partnership, in addition to theinformation required by subsections (a)(1)-(7) of this section, the following shall be provided: Meeting of March 8, 2010 (Item No. 3) Page 9 a. The names, addresses and interest of all partners and all information concerning each partner that is required of an individual applicant in subsection (a)(8) of this section. b. A copy of the partnership agreement, which shall be submitted with the application. If the partnership is required to file a certificate as to a trade name under the provisions of Minn. Stat. ch. 333, a certified copy of such certificate shall also be attached. (10) If the applicant is a corporation or other organization, in addition to the information required bysubsections (a)(1)-(7) of this section, the following shall be provided: a. The name and, if incorporated, the state of incorporation. b. A copy of the certificate of incorporation, articles of incorporation or association agreement, and bylaws, which shall be attached to the application. If a foreign corporation, a certificate of authority, as described in Minn. Stat. ch. 303 shall also be attached. c. A list of all persons who are officers or directors of the corporation or organization or who control or own an interest in such corporation or organization. d. All information required by subsection (a)(8) of this section for any manager or other individual directly involved in the operation of the massage therapy establishment. (b) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Sec. 8-299. Massage Therapy Establishment Application review and license issuance. (a) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including a criminal background investigation of all individuals required to provide the information in section 8-298(a)(8) and each massage therapist. The city may order and conduct such additional investigation as deemed necessary. (b) The city shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. (c) Complete applications for issuance of annual licenses shall be submitted to the city at least thirty (30) days prior to the expiration of the license. Sec. 8-300. Massage Therapy Establishment License Refusal, suspension and revocation. The city may refuse to grant a massage therapy establishment license or license renewal and may suspend or revoke a license for any reasonable cause including the following: Meeting of March 8, 2010 (Item No. 3) Page 10 (a) The application is incomplete. (b) The applicant is less than 18 years of age. (c) The applicant or any massage therapist working at the massage therapy establishment has been convicted of a sexually oriented crime, prostitution, or any other crime or violation involving moral turpitude within five (5) years of the date of application. (d) The applicant falsified information on the application. (e) The applicant or any massage therapist working at the massage therapy establishment has a history of violations of laws or ordinances that apply to health, safety, welfare, or moral turpitude. (f) For other good cause. Sec. 8-301. Massage Therapist License required. (a) No person shall engage, or hold himself or herself out as being engaged, in the practice of massage therapy without first obtaining a license as herein provided. (b) A massage therapist who provides massage therapy at either a licensed massage therapy establishment or at any other location in the city must comply with all the provisions of this section. (c) Exception. A massage therapist license shall not be required for any student of massage therapy meeting the definition as set forth herein, provided: (1) The massage therapy is provided during and as part of a course or clinical component of the school’s program or course work; and (2) The massage therapy student is supervised by an instructor while providing massage therapy services. A notice, which advises the public that the person who may provide massage therapy services is a student of massage therapy and is not licensed by the city, shall be posted in the room in which the massage therapy is provided. Sec. 8-302. Massage Therapist Regulations adopted. (a) Commencing on January 1, 2011, only massage therapists having the following qualifications shall be allowed to perform massage therapy at any location in the city: (1) a diploma or certificate of graduation from a school approved by the American Massage Therapist Association or other similar reputable massage association; or (2) a diploma or certificate of graduation from a school, which is either accredited by a recognized educational accrediting association or agency or is licensed by the state or local government agency having jurisdiction over the school; or Meeting of March 8, 2010 (Item No. 3) Page 11 (3) a certificate of National Certification for Therapeutic Massage and Body Work by the National Certification Board of Therapeutic Massage and Body Work, an affiliate of the American Massage Therapy Association. (b) The licensee shall comply with applicable ordinances, regulations, and laws of the city, the state of Minnesota, and the United States. Sec. 8-303. Massage Therapist License application. (a) Every application for a massage therapist license shall be made on a form supplied by the city and shall contain the following information: (1) The name, place and date of birth, address and phone number of the applicant. (2) Whether the applicant has ever used or has been known by any other name and, if so, what was such name and information concerning dates and places where used. (3) The name of the business if it is to be conducted under a designation, name or style other than the full individual name of the applicant; in such case, a certified copy of the certificate as required by Minn. Stat. ch. 333 shall be attached to the application. (4) The street address at which the applicant has lived during the preceding five (5) years. (5) The kind, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years. (6) The names and addresses of the applicant’s employers and partners, if any, for the preceding five (5) years. (7) Whether the applicant has ever been convicted of any felony or other crime or violation of any ordinance other than petty misdemeanor traffic violations and the time, place and offense involved in any such convictions. (8) The physical description of the applicant. (9) The name of the manager or proprietor or other agent in charge of any business through which the massage therapy services will be provided or scheduled. (10) The name of any other municipalities in which the applicant works as a massage therapist. (11) Whether the applicant has previously been denied a massage license or had such a license or permit suspended or revoked, along with an explanation of any such denial, suspension or revocation. (b) The applicant will be required to provide a copy of a current government issued identification and complete a license application addendum authorizing the city to conduct a criminal background investigation. (c) The applicant and licensee shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Meeting of March 8, 2010 (Item No. 3) Page 12 Sec. 8-304. Massage Therapist Application review and license issuance. (a) Complete applications shall be reviewed by the city for verification and investigation of the facts set forth in the application, including a criminal background investigation of the applicant. The city may order and conduct such additional investigation as deemed necessary. (b) The city shall make the determination whether to approve or deny the license. Any denial shall be communicated to the applicant in writing, specifying the reasons for denial. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. (c) Complete applications for issuance of annual licenses shall be submitted to the city at least thirty (30) days prior to the expiration of the license. The determination regarding approval or denial of the license renewal shall be communicated to the applicant in writing, specifying the reasons if the application is denied. The applicant may appeal the denial in accordance with the procedure specified in section 8-36. Sec. 8-305. Refusal, suspension and revocation of massage therapist license. The city may refuse to grant a massage therapist license and may suspend or revoke a license for any reasonable cause including the following: (a) the application is incomplete. (b) the applicant is less than 18 years of age. (c) the applicant has been convicted of a sexually oriented crime, prostitution, or any other crime or violation involving moral turpitude within five (5) years of the date of application. (e) the applicant falsified information on the application. (f) the applicant has a history of violations of laws or ordinances that apply to health, safety, welfare, or moral turpitude. (g) for other good cause. Section 5. Section 8-1 of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Solicitor means any person who goes from house to house, business to business, or any kind of place to place movement for the purpose of soliciting or taking or attempting to take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in the future, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, roof repair or blacktopping. It also means any person who canvasses, solicits or calls from house to house for contributions or support for any charitable, religious, civic, educational, philanthropic, social service, welfare, or eleemosynary organization. Meeting of March 8, 2010 (Item No. 3) Page 13 Section 6. Chapter 8, Division 4, Subdivision V of the St. Louis Park Code of Ordinances relating to peddlers and solicitors and transient merchant is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-571. Registration required. (a) No person shall engage in the business of peddler, solicitor or transient merchant unless the person has first registered as provided in this section. Registrants shall file with the city a sworn written statement which shall include the following information: (1) The name and permanent home address for the past five years of the registrant, and the current local address of the registrant; (2) In the case of transient merchants, the place where the business is to be carried on, a description of the nature of the business and of the goods to be sold; (3) The name and address of the employer or principal of the registrant, and the name and address of any supplier of the registrant. Credentials establishing the exact relationship of the registrant to the employer or principal shall be attached to the registration; (4) The period of time within which the registrant intends to conduct the permitted activities; (5) The source of supply of any goods or property proposed to be sold, where such goods or products are located at the time the registration is filed, and the proposed method of delivery of such goods or property; (6) A recent photograph of the registrant which shall be approximately two inches by two inches, showing the head and shoulders of the registrant, in a clear and distinguishing manner; (7) Whether the registrant has been convicted of any felony, gross misdemeanor or misdemeanor for which a jail sentence may be imposed; (8) The last cities, villages or townships, not to exceed three, where the registrant carried on business immediately preceding the date of registration, and the addresses from which such business was conducted in those municipalities; (9) Whether the registrant has taken advantage of any state or federal bankruptcy or insolvency law or proceeding as a bankrupt or debtor within the most recent ten years; (b) Every peddler, solicitor or vendor required to submit the information set forth in subsections (a)(1)--(a)(9) of this section shall promptly submit to the clerk any changes in such information required by changes in circumstances. (c) If the applicant is to solicit funds, financial information shall be supplied about the organization in behalf of which funds are to be solicited, in the form specified by the city clerk. Sec. 8-571. License required; exemptions. (a) It shall be unlawful for any person to engage in the business of peddler or solicitor within the city without first obtaining a license from the city; provided that the following are exempt from the provisions of this section: Meeting of March 8, 2010 (Item No. 3) Page 14 (1) Any person taking orders for goods sold by a political, religious, educational, or nonprofit organization as part of fundraising activities. (2) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. (3) Any person who sells or attempts to sell or takes or attempts to take orders for any product grown, produced, cultivated, or raised on any farm. (4) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk. (5) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. (6) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. (7) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales. (8) Any person participating in an organized multi-person bazaar or flea market. (9) Any person conducting an auction as a properly licensed auctioneer. (10) Any officer of the court conducting a court-ordered sale. (b) Persons whose activities are exempted from the licensing requirement shall comply with any other applicable statutory or ordinance provision, including Section 8-578. Sec. 8-572. Exceptions. The following persons are not required to register as set forth in section 8-571: (1) A peddler or transient merchant excepted from licensure as a peddler or transient merchant under M.S.A. ch. 329 shall not be required to register under this subdivision. (2) Any person who sells or attempts to sell, or solicits or attempts to solicit, orders for goods, wares or merchandise, or who canvasses, solicits or calls from house to house for contributions or support, if such person does so on behalf of a: a. Charitable, benevolent, philanthropic, patriotic, religious, social service, welfare, educational or eleemosynary organization, a majority of the membership of which are residents of the city, and which organization so identified in the course of canvassing, soliciting or peddling; or b. Bona fide political organization. (3) Vendors of milk, groceries, bakery products or other commodities, vendors or soft water service or laundry and dry cleaning pickup or delivery, or vendors of daily newspapers who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of such commodities or the providing of such services to regular customers. Meeting of March 8, 2010 (Item No. 3) Page 15 Sec. 8-572. Application. (a) An application for a license shall be made at least fourteen (14) business days before the person desires to begin conducting a business operation within the city. Each individual seeking to conduct business as a peddler or solicitor shall complete an application. Application for a license shall be made on a form provided by the Chief of Police city, which shall include the following information: (1) full legal name; (2) any and all other names under which the applicant has or does conduct business, or to which the applicant will officially answer to; (3) physical description (i.e., hair color, eye color, height, weight, any distinguishing marks or features, and the like); (4) permanent address and telephone number; (5) temporary address and telephone number; (6) full legal name of any and all business operations owned, managed, or operated by the applicant; (7) brief description of the business or activity to be conducted and a general description of the items to be sold or the services to be provided; (8) if employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; (9) address and telephone numbers, including cellular phones and facsimile, of regular place of business, if any exists; (10) hours, date(s) and locations in the City which the applicant intends to conduct business; (11) a copy of a current government issued identification and complete a license application addendum authorizing the city to conduct a criminal background investigation; (12) license plate number, registration information, vehicle identification number (VIN) and physical description for any vehicle to be used in conjunction with the business; (13) any and all addresses and telephone numbers where the applicant can be reached while conducting business within the city; (14) a statement as to whether or not the applicant has been convicted within the last five (5) years of any felony, gross misdemeanor or misdemeanor for violating any state or federal statute or any local ordinance, other than minor traffic offenses; (15) a list of the three (3) most recent city or county locations where the applicant has conducted business as a peddler or solicitor; (16) proof of possession of any license or permit that, under federal, state, or county law, regulation, or ordinance, is required to have in order to conduct the proposed business; and Meeting of March 8, 2010 (Item No. 3) Page 16 (17) any and all additional information as may be deemed necessary by the Chief of Police. (b) The applicant shall have a continuing duty to immediately disclose to the city any change in the information supplied in the application. Sec. 8-573. Fees; exemptions. At the time an application for a permit under this subdivision is filed with the city clerk, the applicant shall pay a registration fee to cover the cost to the city of processing and registering the applicant. The nonrefundable registration fee shall be set from time to time by the city and a schedule of such fee is listed in appendix A to this Code. The following applicants are exempt from the payment of the nonrefundable registration fee: (1) Any person selling only literature of any kind in a residential area; (2) Any person dealing with merchandise of any kind to be delivered to customers in the state directly from points outside of the state; and (3) Any person soliciting money, donations or financial assistance of any kind for any religious or charitable organization, or selling merchandise for a fee on behalf of such an organization. Sec. 8-573. Fees. Except for solicitors, which are specifically exempted from paying any fee under this chapter, all applications for a license shall be accompanied by the fee set from time to time by the city and a schedule of such fee is listed in appendix A to this Code. Sec. 8-574. Issuance of certificate of registration. (a) Upon compliance with the provisions of this subdivision, the city manager or the city manager's designee shall issue a certificate of registration to the applicant. The certificate shall show the following: (1) Registrant's name; (2) Registrant's address; (3) Registrant's photograph; (4) Kinds of any goods to be sold; (5) Name and address, including popular names, of the organization for which any funds are to be solicited; (6) Expiration date; (7) An identifying number; and (8) Signature of the issuing officer. (b) Each peddler, solicitor or transient merchant must secure a personal registration. (c) No registration shall be used at any time by any person other than the one to whom such registration is issued. Meeting of March 8, 2010 (Item No. 3) Page 17 (d) The clerk shall keep a record of all registrations under this subdivision in accordance with city policy. (e) Each registration under this subdivision shall be valid only through the expiration date stated on the registration, and no registration may extend beyond December 31 of any year. (f) No registration under this subdivision shall be issued to peddle, sell or solicit orders for the sale of furs, eyeglasses, medicines, watches, jewelry, plated ware or silverware. (g) Each certificate of registration under this subdivision shall prohibit engaging in the business of solicitor, peddler or transient merchant before 9:00 a.m. and after 8:00 p.m. daily, except for deliveries to a customer pursuant to a prior order for the goods or services. (h) All peddlers, solicitors and transient merchants required to register under this subdivision must carry with them, and produce upon request, their certificate of registration when engaged in the business of peddler, solicitor and transient merchant, and must wear some type of picture identification conspicuously showing their name and the permitted organization. Sec. 8-574. Application review and license issuance. (a) Upon receipt of the application and payment of any required license fee, city will determine if the application is complete. An application will be considered complete if all required information is provided. If the city determines that the application is incomplete, the city must inform the applicant of the required, necessary information that is missing. If the application is complete, the city must order any investigation, including criminal background checks, necessary to verify the information provided with the application. Within fifteen (15) days of receiving a complete application the city will issue the license unless grounds exist for denying the license application under Sec. 8-575. (b) A license granted under this subdivision shall be valid for one year. (c) No license issued under this subdivision shall be transferred to any other person other than the person to whom the license was issued. Sec. 8-575. Termination of registration. Certificates of registration issued under the provisions of this subdivision may be terminated by the city manager after notice and hearing in the manner provided for the revocation of permits, pursuant to this article for any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the registrant's application. (2) Fraud or misrepresentation made in the course of carrying on the business of solicitor, peddler or transient merchant. (3) Any violation of this subdivision. Meeting of March 8, 2010 (Item No. 3) Page 18 (4) Conviction of any crime or misdemeanor. (5) Conducting the business of peddler, solicitor or transient merchant in an unlawful manner, or in such a manner as to constitute a breach of peace, or to constitute a menace to the health, safety or general welfare of the public. Sec. 8-575. Denial of license (a) The following shall be grounds for denying a peddler or solicitor license: (1) The failure of an applicant to truthfully provide any information requested by the city as part of the application process. (2) The failure of an applicant to sign the license application. (3) The failure of an applicant to pay the required fee at the time of application. (4) A conviction with the past five (5) years of the date of application for any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person’s ability to conduct the business for which the license is being sought in a professional, honest and legal manner. Such violations shall include, but are not limited to, burglary, theft, larceny, swindling, fraud, unlawful business practices, and any form of actual or threatened physical harm against another person. (5) The revocation with the past five (5) years of any license issued to an applicant for the purpose of conducting business as a peddler, solicitor, or transient merchant. (6) Evidence of a bad business reputation of the applicant, or organization represented by the applicant, including, but not limited to, the existence of more than three (3) complaints against an applicant, or organization represented by the applicant, with the Better Business Bureau, the Office of the Minnesota Attorney General or other state attorney general, or other similar business or consumer rights office or agency, within the preceding twelve (12) months, or three (3) complaints filed with the city against an applicant, or organization represented by the applicant, within the preceding five (5) years. (7) Other good cause. (b) If the city denies the license application, the applicant must be notified in writing of the decision, the reason for denial and the applicant’s right to appeal the denial by requesting, within ten (10) days of receiving notice of denial, a hearing before the City Manager. The City Manager or designee shall hear the appeal within fifteen (15) days of the date of the request for a hearing. The decision of the City Manager or designee shall be final and binding on all parties concerned. Sec. 8-576. Prohibition by placarding. Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by the city resident may place upon or near the usual entrance to such premises a printed placard or sign bearing the following words: "Peddlers and Solicitors Prohibited," or similar language. Such placard shall be at least three inches long and three inches wide, and the Meeting of March 8, 2010 (Item No. 3) Page 19 printing on such placard shall not be smaller than 48-point type. No peddler, solicitor or transient merchant shall enter in or upon any premises or attempt to enter in or upon any premises where such placard or sign is placed and maintained. Sec. 8-576. Identification badges. At the same time the license is issued, the Chief of Police or designee shall issue to each licensee a badge, which shall be worn by the licensee in such a way as to be conspicuous at all times while the licensee is conducting business in the city. The identification badge shall include the licensee’s photograph, name, license number, company name, and the license expiration date. Sec. 8-577. Defacing of placard. No person, other than the person occupying such premises, shall remove or deface a placard which is placed as set forth in section 8-576. Sec. 8-577. License suspension or revocation. (a) Any license issued under this subdivision may be immediately suspended or revoked by the city for good cause, including, but not limited to, the following: (1) Engaging in any activity prohibited by Section 8-578. (2) Violating Section 8-575 or any other provision of the City Code. (3) Conducting the licensed activity in such a manner as to create a public nuisance, constitute breach of peace or endanger the health, safety, or general welfare of the public. (4) Other good cause. (b) Notice of a suspension or revocation shall be provided in writing and delivered to the licensee in person or by mail to the permanent residential address provided on the license application and shall set forth specifically the grounds for the Chief of Police or designee’s decision to suspend or revoke the license and inform the licensee of his or her right to appeal the decision to the City Manager in writing within fifteen (15) days following the service of the notice. The license remains suspended or revoked during the appeal process. A hearing shall be conducted by the City Manager or designee within fifteen (15) days from the date of receipt of the appellant’s written appeal. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the service of the revocation notice. The decision of the City Manager or designee on the appeal shall be final and binding on all parties concerned. Sec. 8-578. Activities prohibited. No peddler or solicitor shall conduct business in any of the following manners: (1) Call attention to business or goods by crying out, blowing a horn, ringing a bell, or making any loud or unusual noise. Meeting of March 8, 2010 (Item No. 3) Page 20 (2) Furnish false information, or failing to furnish information as required for registration under this subdivision. (3) Sell merchandise which is not of merchantable quality or is not fit for the purpose for which the seller knows or has reason to know the merchandise is being purchased. (4) Obstructing the free flow of traffic, either vehicular or pedestrian, on any street, sidewalk, alleyway, or other public right-of-way. (5) Conducting business in a way as to create a threat to the health, safety, or welfare of any specific individual or the general public. (6) Conducting business before 9:00 am or after 8:00 pm. (7) Failing to provide proof of license, registration or identification when requested. (8) Using the license or registration of another person. (9) Making false or misleading statements about the products or services being sold, including untrue statements of endorsement. No peddler or solicitor shall claim to have the endorsement of the city solely based on the city having issued a license to that person. (10) Remaining on the property of another person after being requested to leave. (11) Otherwise operating the business in any manner that a reasonable person would find obscene, threatening, intimidating or abusive. Sec. 8-579. Transferability. A registration under this subdivision cannot be transferred. Each person required to register under this subdivision must register separately. Sec. 8-579. Entry upon premises unlawful. It shall be unlawful for any person while conducting the business of a peddler or solicitor to entered upon any premises in the City where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words “No Peddlers,” “No Solicitors,” or words of similar import. Section 7. Section 8, Division 3, Subdivision II of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-214. Insurance. (a) Except as otherwise required in this Code, applicants and licensees shall maintain comprehensive general liability insurance provided by an insurance carrier authorized to do business in the state. The amount of such insurance rates shall be set by ordinance by the City Council and listed in appendix A to this Code. Such insurance shall remain effective for the term of the license. (b) The license applicant shall deliver to the city a certificate of insurance, which provides that the insurance may not be canceled by the insurer, except upon thirty (30) days' Meeting of March 8, 2010 (Item No. 3) Page 21 prior written notice to the city. If such insurance is terminated or not renewed with another policy conforming to the requirements of this section, the license shall be automatically suspended until the insurance has been replaced and a new certificate of insurance is filed with the city. (c) The licensee is responsible to provide the city with a current certificate of insurance if the policy is renewed during the term of the license Section 8. Section 8, Division 3, Subdivision IV of the St. Louis Park Code of Ordinances relating to Food and Beverage Establishments is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 8-256. License required. (a) It shall be unlawful for any person to operate a food or beverage establishment, mobile food vehicle or food vending machine without obtaining a license from the city. (b) One license may be issued to a single applicant for multiple food establishments within a single building or establishment when the owner of all food establishments is the same or multiple mobile food vehicles. (c) Each food vending machine must have a valid city-issued license decal affixed in a visible location. Sec. 8-257. Classification of food and beverage establishments and food vending machines. The city will classify each food and beverage establishment, mobile food vehicle, and food vending machine based on the use occurring, in accordance with the food code, into one of the following categories before a license is issued: (1) Class H plus--Multiple use license permitting three or more uses of any risk class to operate. (2) Class H--High risk use license permitting up to two high risk uses or a single high risk use with a single low or medium risk use. (3) Class M--Medium risk use license permitting a single medium risk use. (4) Class L--Low risk use license permitting a single low risk use. (5) Class V--Food vending machines. (6) Class S--Seasonal concession with low or medium risk. Meeting of March 8, 2010 (Item No. 3) Page 22 (7) Class E--Multi-site educational facilities – Educational facility with multiple locations within the city. (8) Catering Vehicle Decal Mobile Food Vehicle - Each vehicle used to transport food from a licensed food facility must have a valid city issued decal. Exception – A mobile food vehicle license shall not be required for any mobile food vehicle operated by a food and beverage establishment licensed by the city or that has a valid state issued commissary or catering food license Sec. 8-258. Regulations and standards. All food and beverage establishments and food vending machines licensed under this subdivision shall comply with the city's food code as set forth in section 12-1 of this Code. (a) All food and beverage establishments, mobile food vehicle, and food vending machines licensed under this subdivision shall comply with the city’s food code as set forth in section 12-1 of this Code. Section 9. Chapter 12, Article I of the St. Louis Park Code of Ordinances is amended to read by adding the underlined language and deleting the strikethrough language: Sec. 12-1. Environmental and public health regulations adopted by reference. (a) Air quality environmental emissions. The city adopts and incorporates by reference the air emissions standards adopted by the air quality division of the state pollution control agency as Minn. Minnesota Rules Chapters 7011 and 7023, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection and use by the public. (b) Food code. The city adopts and incorporates by reference the food code adopted by the state department of health and set forth in Minnesota Statutes Chapters 157 and 327 and Minn. Minnesota Rules Chapter 4626 for Food, Beverage, Lodging and Food Manager Certification, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of food and beverage equipment regulated within the food code. The applicant shall complete an application and submit detailed plans and specifications of proposed equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by the city council resolution. Fees must be paid prior to a permit being issued. Meeting of March 8, 2010 (Item No. 3) Page 23 (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (4) Grease traps. Each food establishment with potential for grease to enter building plumbing and city sanitary sewer systems must install and maintain grease trap(s) in accordance with Minnesota Plumbing Code (c) Public swimming pools. The city adopts and incorporates by reference the rules establishing operation and maintenance, design, installation and construction standards for public pools and facilities related to them adopted by the state department of health as Minnesota Statutes Section 1441.1222 and Minn. Minnesota Rules Chapter 4717 4717.0150 to 4717.3970, as amended. A copy of the regulations, together with any applicable amendments, shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. (1) Permit required. A permit is required for installation of swimming pools, hot tubs and spas. The applicant shall complete an application and submit detailed plans and specifications of the proposed pool and related equipment for review by the city. (2) Fees. Permit fees shall be according to the official city fee schedule, set forth in appendix A, as approved and revised by city council resolution. Fees must be paid prior to a permit being issued. (3) Permit term. Permits will expire if the work is not completed and approved within 180 days of issuance. (d) Lodging establishments. The city adopts and incorporates by reference the rules regulating lodging establishments adopted by the state department of health as Minn. Minnesota Rules 4625.0400--4625.2355 4625.0100 to 4625.2300, as amended. One copy of the regulations shall be marked "St. Louis Park--Official Copy" and shall be kept on file in the office of the city clerk and open to inspection by the public. Section 10. This Ordinance shall take effect fifteen days after its publication. ADOPTED this ______ day of _______________, 2010, by the City Council of the City of St. Louis Park. CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor ATTEST: Meeting of March 8, 2010 (Item No. 3) Page 24 Nancy Stroth, City Clerk APPROVED AS TO FORM: City Attorney Meeting of March 8, 2010 (Item No. 3) Page 25 Meeting Date: March 8, 2010 Agenda Item #: 4 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: School District Facility Closings. RECOMMENDED ACTION: This report is being provided to facilitate the start of a discussion regarding the decision made by the School District on the closure of two buildings and what that might mean in the future regarding reuse or re-development of these structures and/or properties. POLICY CONSIDERATION: The most pertinent policy question right now seems to relate to what process, if any, should be used to determine the future of these sites. Other than that, staff would suggest it might be too early to identify more specific policy questions. As discussion continues about the future of these properties, more specific policy questions should materialize. At this point staff would also like to know what other information it can provide to help with the discussion. BACKGROUND: In February 2010, the St. Louis Park School Board decided to close Cedar Manor Intermediate Center and Eliot Community Center at the end of the 2009-10 school year. Given this decision it becomes apparent that how these properties are used in the future will change. What that change will ultimately look like is still uncertain, but should be considered as an opportunity. Thus, it makes sense to begin a conversation about these two sites as early as possible. To help with this discussion it is important to know and understand the basics of the properties in question. Staff has compiled the following information which should help with this understanding. SITE INFORMATON Data on these sites and buildings is shown on the attached maps. School sites in St. Louis Park are zoned within the residential zoning districts. Uses within these districts are primarily limited to residential and institutional uses, with some options for accessory retail and office uses; multiple family or office use would need a change in the Comprehensive Plan land use designation and the zoning. Meeting of March 8, 2010 (Item No. 4) Page 2 Eliot School The original portion of Eliot School was built in 1926, with the majority of it (85%) built in 1952. It has not been used as a traditional school since 1971. Currently, nearly all of the building (74,222 s.f.) is occupied by 4 educational/academic users. The site is approximately 4.3 acres in size and is zoned R-2, Single Family Residential, and designated for Low Density Residential in the Comprehensive Plan. It is entirely surrounded by single family homes. Approximately ½ of the site on the north is open space. It is owned and maintained by the School District; it is not designated as a city park. There is also basketball court and playground equipment on the site. Community Development has received inquiries about redeveloping the site for various uses. The most recent inquiry was for a senior housing campus utilizing a portion of the existing building and constructing new units. The building is in need of major repair; it is not known how much repair would be needed to make it financially viable to remodel the building for another use. In 2008, the city had an appraisal prepared for the Eliot School property and it showed the property to have a market value of $2,100,000. The School District previously estimated the land value at $2,232,000 and the land and building value at $3,250,000. Cedar Manor School Cedar Manor was built in 1957 and was added on to in 1993. The building is approximately 78,447 s.f., in size and the site is a total of 12.1 acres. The site is designated for Low Density Residential in the Comprehensive Plan and is zoned R-1, Single Family Residential. This site is located at the intersection of Highway 169 and Cedar Lake Road, and does not share access with any surrounding properties. To the east there are single family homes, and to the south across Cedar Lake Road there are also single family homes. Approximately 60% of the site is open space (mostly on the east side) that is owned by the School District, however, this portion of the site is maintained and operated by the city and functions as a park. More than ½ of the open space is in the floodplain and therefore undevelopable. To the north, the city owns 2 parcels of land. One is primarily covered by Cedar Manor Lake, and the other, to the west, is substantially wooded. The wooded site (5.6 acres) was a parcel considered for sale in the Excess Land process. It was determined that a neighborhood process could determine the long term use of the property; the Task Force recommendation stated: “The Task Force was divided on their recommendation on this parcel, there was not consensus to sell or not sell. They recommended that historical issues raised by residents be further explored along with gathering information related to wetland issues and access. It was also suggested it might be reasonable to build only one home on this parcel and avoid the wetland and access issues.” Meeting of March 8, 2010 (Item No. 4) Page 3 While the Cedar Manor school site is planned and zoned for residential uses, it is a visible site with excellent access to the highway system, giving it desirability for a number of uses. The School District estimated the land value at $6,320,000 and the land and building value at $4,668,000. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: Not applicable at this time. Attachments: Maps Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Approved by: Tom Harmening, City Manager Cedar Manor School City of Minnetonka Cedar Manor School Parcel size...........................Building size.........................Comp. Plan Designation...........Zoning Designation................. 12.1 acres78,447 square feetRL, Low Density ResidentialR-1, Single Family Residential Cedar Lake Road Hwy169 City-Owned Land: 14.8 acres Hannon Lake Minneapolis Golf Club Meeting of March 8, 2010 (Item No. 4)Page 4 Eliot School Eliot School Parcel size............................Building size.........................Comp. Plan Designation...........Zoning Designation................. 4.3 acres74,222 square feetRL, Low Density ResidentialR-2, Single Family ResidentialCedar Lake RoadHampshire Ave. S.Meeting of March 8, 2010 (Item No. 4)Page 5 Meeting Date: March 8, 2010 Agenda Item #: 5 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Communications (Verbal). RECOMMENDED ACTION: Not Applicable. POLICY CONSIDERATION: Not Applicable. BACKGROUND: At every Study Session, verbal communications will take place between staff and Council for the purpose of information sharing. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: March 8, 2010 Agenda Item #: 6 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Summary of Results of City Council Workshop. RECOMMENDED ACTION: No action requested at this time. This information is being provided for Council review in advance of a discussion at a future study session. POLICY CONSIDERATION: None at this time. BACKGROUND: On February 19 and 20 the City Council and staff conducted its annual workshop. On Friday, February 19 time was spent “looking in” relating the Council’s working relationship and governance model. From this discussion a draft set of City Council “norms” was identified as a starting point. On Saturday, February 20 time was spent “looking out” as a means to identify those forces or trends that might impact St. Louis Park, how they might fit with Vision SLP and the four Strategic Directions, and the identification of topics or issues for follow-up discussion. Attached is a draft of the “norms” identified by the City Council as well as a summary of the discussion which occurred on Saturday. Please review these documents at your convenience and staff will schedule a follow-up discussion at a future study session. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: The results of the workshop have a direct relationship to Vision St. Louis Park and the four Strategic Directions. Attachment: Draft Council “Norms” Draft Summary of Brainstorming Session on Saturday, February 20 Prepared and Approved by: Tom Harmening, City Manager St. Louis Park City Council High Functioning Team Norms • Let everyone speak • Be respectful • Be open and honest • Agree to disagree (when we disagree, we assume are all working hard for what we think is best for the community) • Talk directly to the person when you have a problem • Don’t personalize • Stay on policy • Don’t criticize staff in public • Remember we represent the office, we are not the office • Differentiate ward specific and city-wide discussions • At-large members will acknowledge the question and get ward members in the loop • Once a vote is taken, we all work to “make-it-work” • CGO will nudge when we need nudging Meeting of March 8, 2010 (Item No. 6)Page 2 Page 1 of 5 Brainstorming Session on Focus Areas for the Next 18 Months February 20, 2010 City Council and Staff Based on Vision, Demographic Shifts, and Mega Trends. FINAL OUTCOME FOR 2010: Continue focus on the Four Strategic Directions as a part of Vision St. Louis Park: • COMMUNITY CONNECTION: St. Louis Park is committed to being a connected and engaged community. • ENVIORNMENTAL COMMITMENT: 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. • HOUSING: St. Louis Park is committed to providing a well-maintained and diverse housing stock. • THE ARTS AND AESTHETICS: St. Louis Park is committed to promoting and integrating arts, culture, and community aesthetics in all city initiatives, including implementation where appropriate. In addition, more specific areas of focus were identified for further discussion and exploration in the following four areas: 1) Explore • Continue to build on Arts & Culture initiative • Build on or exploit volunteerism via our retiring baby boomers (and don’t forget about young people) 2) Housing • Gathering Places – Recreation (Adult focus Rec) • Transportation (LRT, Trails, etc.) • Natural Resources (Environment) • (Relationships and Technology – how’s, tools) Community with strong partnerships Meeting of March 8, 2010 (Item No. 6)Page 3 Page 2 of 5 3) Technology (from all three groups) • Delivery of Tech • Economic Development: Tech • Communication: Tech • Lead in tech-fiber/community impact • Need be tech. leaders internally to be tech leaders externally Technology related to: -Economic Development -Connecting with the Community (immigrants) -Streamline City operations • Tech to attract businesses • Wired – Wireless 4) Natural Resources/Environment • Natural resources are increasing in value with increased pressure from development and use demand • Protect trees, creek, and space for no-competitive sports. • Need indoor activity space from walking tracks to indoor park space. • Advocates needed for protecting trees • Continue environmental leadership; it needs to be a lense which we apply to everything we do and incorporate environment into all our actions • Cost should be the only measure for environment actions Other ideas which were identified during the workshop are outlined below. Other • Conscious planning effort to build community around supporting seniors. (“Seniors First” initiative) (from all three groups) • More creative or different approaches to Senior Housing (1 level townhomes with green space) • Services needed by aged o Daylight Senior Activities/Some can’t drive at night o Recognize the diversity of senior needs o Part of sense of community and connection • Baby Boomers work longer – Baby Boomers increase – Health of current generation Meeting of March 8, 2010 (Item No. 6)Page 4 Page 3 of 5 • Look at public safety model relative to medical calls for assistance and possible abuse or misuse due to larger health care and/or economic issues in our State/Country. • Explore transit options to better move people around the community – e.g. Dial-A- Ride (meets strategic direction – connected/engaged) • Determine how to fund implementation of sidewalk and trails plan. • Begin feasibility study on Community Center and Community gathering places. • All transportation • Rec – indoor/outdoor/non-teams 2 • Don’t let economics stop us from thinking long term • Proactive need to plan what our community will look like • Relationships/Partnerships/School/Business 2 • Public Safety (sidewalks, trails, neighborhoods, etc.) • Community Connections • Focus on long term solutions in spite of the economy 2 • Acrimony in the political process • Immigration (Public Safety, involvement, etc.) • LRT 2 • Various & Diverse gathering places • Maintaining & building on relationships • Meeting future needs of housing stock, recreation & transportation for our diverse pops • Use to streamline city services • Mesh demographic trends with Vision • Need to measure how we are doing on Vision (a Vision ‘Check-in) • How to use (embrace?) technology to remain connected and engaged without being “Big Brother” • How to reach out to our diverse population to be engaged and connected • Attract businesses aligned with our Vision and inoculated in the SLP values • Need to open up our definitions for events and community engagement for different cultural groups (different cultures have different • Protecting non-youth sport community gathering places – pools, etc • Funding for trails and sidewalks connections and healthy activity • Needs ways to reach people not comfortable with government • How to meet needs of residents that do sports activities by family group and individuals Meeting of March 8, 2010 (Item No. 6)Page 5 Page 4 of 5 • (need space and facilities availability, organized sports pushes out other users) • Need to build relationships with all our residents • Tech itself not the goal it is the tool to build relationships with residents • People are more important then things • Parks for adults (Tai Chi, all age adult outdoor exercise equipment, part of being connected) • Need range of options • How to address the clash of entitlement and unwillingness today • Need to prioritize • Transit (local circulation) • Connect youth and seniors; through school and volunteers and school service requirements and Children first • Vibrant business community and supporting local business important to SLP’s future • Public safety-security/substitute tech for staff, medical care – who provides? (on wheels) • Keep relationships strong between staff and community • Develop/build resources for aging population • Clinics, transportation, leisure • Multi Generational families in infrastructure • Gathering Places/Community Center, swim pools, activities • Intra SLP transportation • “Consortium” effort – safe community • southwest, Trails • lighting • safe Walking • Be agile, adaptive and plan for the future • Think long-term – focus on goals; staff focus on means • Where people live, work, play, get educated, receive health care will morph and be multiple places • Connecting with neighbors to ensure quality of living, civic service via schools – block parties • Integrating renters into community • Building relationships - - in person, in cyberspace Meeting of March 8, 2010 (Item No. 6)Page 6 Page 5 of 5 • Sidewalk quality, maintenance • More City services/transactions via Internet • Think completely different about our grid street system e.g. one way’s to allow other uses of R.O.W. – bike trails, landscaping • Look at the public uses or sale of unused City R.O.W. • Don’t let outsourcing lose the relationships we have built • Make sure to not lose human relationships between the city and residents through our actions and policies e.g. technology Meeting of March 8, 2010 (Item No. 6)Page 7 Meeting Date: March 8, 2010 Agenda Item #: 7 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Commercial Areas Market Study Update. RECOMMENDED ACTION: No action needed at this time. The purpose of this report is to update the City Council on planning efforts for the City’s commercial areas. POLICY CONSIDERATION: Does the City Council have any questions, comments or concerns regarding the market study work being undertaken? BACKGROUND: As a part of the Comprehensive Plan update, it became clear there was a need for further study and planning for several small commercial nodes and corridors located throughout the city. These areas have a mix of uses and characteristics in a variety of settings, and while most buildings are occupied, several are vacant or underutilized. Inquiries from property owners about changing the uses and/or updating the buildings often result in the identification of a myriad of complicated hurdles related to market and neighborhood conditions, and regulatory requirements. To begin the planning process, we have engaged the firm of McComb Group Ltd. to conduct a Commercial Market Study for 10 commercial nodes/areas. This study will determine the future viability of each of these areas. They will evaluate the current businesses and buildings, look at the market competition, determine trade areas, and evaluate the market characteristics. The result will be a study showing the future commercial potential of each area based on area retail and service demands. This information will help us to position and plan for each area to help it be successful in the marketplace and to fit in properly with and serve the surrounding neighborhoods. Ten commercial nodes and corridors have been identified as shown below (see attached map). The priorities chosen by the City Council in November are 1 and 2: 1. Walker-Lake area near High School 2. Wayzata Blvd (south frontage road) 3. Louisiana Ave. and Cedar Lake Road 4. Texa-Tonka area 5. Minnetonka Blvd. and Louisiana Ave. 6. Minnetonka Blvd. and Dakota Ave. 7. Minnetonka Blvd. and Lake Street 8. Minnetonka Blvd. east of Joppa 9. Excelsior Blvd. east of Miracle Mile 10. Excelsior Blvd. west of Highway 100 Meeting of March 8, 2010 (Item No. 7) Page 2 The Commercial Market Study is one of the initial pieces of information needed as a base for understanding each area. Currently, we are assembling background information on the Walker-Lake area near the High School. As we move forward with the studies by area, we will return to the City Council with a plan for further engagement of the property owners, businesses and surrounding neighbors to create a strategic plan for each area. FINANCIAL OR BUDGET CONSIDERATION: The Commercial Market Study will cost $45,550 and is budgeted for and funded through the Development Fund. VISION CONSIDERATION: St. Louis Park is committed to being a connected and engaged community: Strengthening neighborhoods Increase use of gathering places . Attachments: Generalized Redevelopment Map Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Corridor Study Areas Major Transportation Improvements Southwest LRT Station Planning Areas Land Use and Redevelopment Study Areas Meeting of March 8, 2010 (Item No. 7)Page 3 Meeting Date: March 8, 2010 Agenda Item #: 8 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Commissioner Conflict of Interest Policy. RECOMMENDED ACTION: No formal action at this time. This report is a follow-up to a recent policy discussion the City Council had on this matter. Attached is proposed policy language relating to potential conflict of interest issues of board and commission members. POLICY CONSIDERATION: Does the proposed policy language regarding conflict of interest issues of appointed commissioners meet Council’s expectations? Please let staff of any questions for concerns that you might have. BACKGROUND: Council has the legal authority to create and manage all aspects of boards and commissions as set forth in Section 2.02 of the Home Rule Charter. The City Code and the Boards and Commissions Rules of Procedure are the main documents adopted by Council and used by staff to manage boards and commissions. At the February 8, 2010 Study Session, Council discussed policy matters relative to length of residency and conflict of interest of board and commission members. From that discussion, Council directed staff to revise the commission application to include questions regarding length of residency and potential conflict of interest. In addition, council directed staff to draft policy language regarding commissioner conflict of interest in the Rules and Procedures for Boards and Commissions and include the time frame of one year after leaving office similar to the requirement of Councilmembers. (Home Rule Charter Section 2.04 states no former councilmember shall establish any independent contractual arrangement with the City for a period of one year after leaving office.) As requested by Council, the board and commission application will be updated to include additional questions regarding length of residency and potential conflict of interest disclosure. The proposed policy language to be included in the Boards & Commissions Rules and Procedures is scheduled for Council consideration at the March 15, 2010 regular council meeting. The proposed policy language proposed to be included in Rules and Procedures for Boards and Commissions as recommended by staff and City Attorney is as follows: Meeting of March 8, 2010 (Item No. 8) Page 2 Conflict of Interest No commissioner shall: (1) Enter into any contractual arrangement with the city during the term serving as an appointed board or commissioner member and for a period of one year after leaving office, unless authorized by Minnesota statutes § 471.88. (2) Use their position to secure any special privilege or exemption for themselves or others. (3) Use their office or otherwise act in any manner which would give the appearance of or result in any impropriety or conflict of interest. After council approval, Board and Commission members will be notified by staff of the new policy regarding conflict of interest. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Proposed Resolution MN Statute § 471.88 Prepared by: Nancy Stroth, City Clerk Reviewed by: Nancy Gohman, Deputy City Manager/HR Director Approved by: Tom Harmening, City Manager Meeting of March 8, 2010 (Item No. 8) Page 3 RESOLUTION NO. 10 -___ RESOLUTION AMENDING AND RESTATING RESOLUTION NO. 09-053 ADOPTED APRIL 6, 2009 APPROVING RULES AND PROCEDURES FOR BOARDS AND COMMISSIONS WHEREAS, the St. Louis Park City Council has established certain boards and commissions to serve as advisory to the City Council; and WHEREAS, the City Council wishes its various boards and commissions to comply with all regulations to which they are subject concerning conduct of meetings including those provisions contained in the Minnesota State Statutes, the City Charter and the Municipal Code; and WHEREAS, the attached rules and procedures serve as a guideline for operating those boards and commissions and they set standards for the conduct of staff and commission members. NOW THEREFORE BE IT RESOLVED that the City of St. Louis Park hereby amends the “Rules and Procedures for Boards and Commissions” attached as Exhibit A and shall adhere to the rules as stated therein unless revised by a majority vote of the City Council. Reviewed for Administration: Adopted by the City Council March 15, 2010 City Manager Mayor Attest: City Clerk Meeting of March 8, 2010 (Item No. 8) Page 4 Resolution No. 10- ____ Exhibit A Rules and Procedures for Boards and Commissions Amending Resolution No. 09-053 Adopted by City Council March 15, 2010 A. Boards The St. Louis Park City Charter grants the council authority to form various boards and commissions by ordinance. Boards and commissions serve in an advisory capacity to the City Council and are conferred various degrees of decision making power. The City Council is the sole policy making body of the city. Some boards and commissions include in their membership persons appointed by the school board. Boards and commissions of the city which have been created by ordinance and are governed by the provisions of these rules and procedures are as follows: • Board of Zoning Appeals • Human Rights Commission • Parks and Recreation Advisory Commission • Planning Commission • Police Advisory Commission • Telecommunications Advisory Commission In addition, other ad hoc groups may be formed as needed by resolution of the council. B. Staff Liaisons Each board and commission is assigned a staff liaison. Duties of the staff liaison are, in general, to facilitate or assist in the meetings, to record attendance and to provide information and direction as requested by the commission. It is also the responsibility of the staff liaison to inform the city council of any problems or issues that may arise. C. Membership and Terms Membership requirements are set by ordinance. All board and commission members are appointed by the council or, in some cases, by the school board. Youth members may be appointed and are conferred voting status except in the case of the Planning Commission and Board of Zoning Appeals. Board and Commission members may not chair more than one commission at a time and commissioners may only serve one consecutive year as chair. D. Qualifications Members must be St. Louis Park residents, but need not have expertise in any particular area. Willingness to serve and be involved are the most important attributes of members. Per Resolution #01-078, the city council will not consider applications for appointment to advisory commissions from regular full-time or part-time St. Louis Park employees (as defined in the city’s personnel manual). City Council will not consider applications for appointment to commissions from other employees working for the city such as seasonal, temporary, part time, paid on call firefighters or contract employees if such appointment could cause a conflict of interest. Meeting of March 8, 2010 (Item No. 8) Page 5 E. Attendance Regular attendance at meetings is a requirement for continued membership on any board or commission. Irregular attendance and frequent absences are detrimental to the entire group and put undue pressure on those members who do attend meetings. Regular attendance allows members to learn about and discuss issues in depth which contributes to more effective decision making. Continued absenteeism is considered grounds for dismissal by the council. F. By-Laws Each board and commission shall create by-laws and meeting procedures. By-laws must be consistent with the City Code and should follow the Council’s template for by-laws. Whenever changes are made, copies of the by-laws should be forwarded to the Administrative Services department for the Council’s review. Council has 30 days to review and amend the by-laws per the City Code. G. Meetings Meeting times and locations are set according to each commission’s by-laws. Each commission should defer to the Council’s meeting policy for meetings which occur on or near holidays. A quorum of the board is made up of a majority of members currently appointed. All meetings will be conducted in accordance with the Minnesota Open Meeting Law, the City Charter and the Municipal Code of Ordinances. The proceedings of the meetings should be conducted using standard parliamentary procedure. The City Council has adopted The Standard Code of Parliamentary Procedure, as their guide and that publication is available in the Administrative Services department. A simplified summary of these procedures is also available for use by commission chairs and staff liaisons. H. Minutes and other Records Minutes of each meeting should be prepared and maintained by the staff liaison or designee. Following commission approval minutes should be forwarded to the Administrative Services department for placement on the city council agenda. All board and commission records must be maintained in accordance with the city’s records retention policy. Please contact the Administrative Services department if you have questions regarding retention and preferred storage medium. I. Annual Report Each board or commission shall prepare a draft written report for the Council which includes activities undertaken in the past year and goals for the coming year. Every effort should be made to submit the report to the Council by January 1. After reviewing the report, the Council may meet with the group in a study session to discuss the report and other issues of concern to the commission prior to approving the report and, as needed, may request the Commission to also provide a. mid- year progress report. Meeting of March 8, 2010 (Item No. 8) Page 6 J. Recruitment When a vacancy occurs it is the responsibility of the staff liaison to inform the Administrative Services department of the vacancy. Recruitment is typically done using any combination of advertising opportunity available. Local newspaper, Park Perspective, direct mailing, neighborhood newsletter, the city’s website, etc. are all acceptable forms of advertisement. Applications are maintained by the Administrative Services department and are forwarded to interested citizens upon request. In certain instances a supplemental application may be created to determine suitability of candidates. Upon receipt of the application a representative of the Administrative Services department will contact the applicant to acknowledge receipt of the application and to discuss the interview and appointment process. Applications will be retained in the active file six months following receipt. K. Candidate Review Process Written applications are forwarded to Councilmembers for review as openings occur. Councilmembers will inform the Administrative Services department of the candidates they wish to interview based upon their review of written materials within two weeks of receiving the materials. Interviews are conducted by the City Council, usually prior to a Monday evening meeting. Following the interview, the Mayor will inform the Administrative Services department about the status of each applicant. The Administrative Services department will mail a thank you letter to each applicant with information regarding next steps in the process. L. Appointment Appointments are made by the City Council at a regular meeting of the council. Council will inform the Administrative Services department when an appointment is to be made so that the appointment can be added to the council agenda. Following the appointment the Administrative Services department will contact the new member and inform them of their appointment. A copy of the application will also be forwarded to the staff liaison. The staff liaison will provide the new member with meeting information and discuss expectations and pertinent issues with them prior to the next meeting of the board or commission. Appointments are sometimes made to unexpired terms, and often more than one vacancy exists on a commission. In that case, the specific term occupied by the new member is determined by the commission and communicated to the Administrative Services department. M. Rosters Meeting of March 8, 2010 (Item No. 8) Page 7 The staff liaison is responsible for keeping an updated roster of the commission which should include contact information, term of office and date of appointment. The liaison is responsible for notifying the Administrative Services department about roster changes. N. Reappointment Reappointments are made as needed by the city council. Performance and attendance by Board and Commission members requesting reappointment will be considered by the Council. Council may choose to re-interview any commission member as a means to determine whether the commission member should continue to serve. A member may continue to serve beyond their expiration date until a reappointment is made. O. Resignation When a resignation occurs, the staff liaison should contact the Administrative Services department and forward a copy of any correspondence that may have been received. Administrative Services will then initiate recruitment to fill the vacant position. A member may continue to serve beyond their expiration date until a successor is appointed. Members may be removed with or without cause by the City Council. P. Recognition At the beginning of each year the Council will recognize members who have left their position during the prior year. Appreciation activities will be planned for all commission members on a regular basis. Q. Orientation The Administrative Services department and the staff liaisons will provide orientation for new board and commission members as well as new staff liaisons. R. Conflict of Interest No commissioner shall: (1) Enter into any contractual arrangement with the city during the term serving as an appointed board or commission member and for a period of one year after leaving office, unless authorized by Minnesota statutes § 471.88. (2) Use their position to secure any special privilege or exemption for themselves or others. (3) Use their office or otherwise act in any manner which would give the appearance of or result in any impropriety or conflict of interest. 2 MINNESOTA STATUTES 2009 471.88 471.88 EXCEPTIONS. Subdivision 1.Coverage.The governing body of any port authority, seaway port authority, economic development authority, watershed district, soil and water conservation district, town, school district, hospital district, county, or city, by unanimous vote, may contract for goods or services with an interested officer of the governmental unit in any of the following cases. Subd. 2.Bank or savings association.In the designation of a bank or savings association in which the officer is interested as an authorized depository for public funds and as a source of borrowing, no restriction shall apply to the deposit or borrowing of any funds or the designation of a depository by such authority or governmental unit in any bank or savings association in which a member of an authority or officer of a governmental unit shall have an interest if such deposited funds are protected in accordance with chapter 118A; provided, however, that any member or officer having such an interest shall disclose that the member is a director or employee of the bank or savings association, which disclosure shall be entered upon the minutes of the authority or governmental unit, such disclosure shall be made when such bank or savings association is first designated as a depository or as a source of borrowing, or when such member or officer is elected whichever is later, and such disclosure shall serve as notice of such interest and need not be made with each successive transaction. Subd. 3.Official newspaper.The designation of an official newspaper, or publication of official matters therein, in which the officer is interested when it is the only newspaper complying with statutory or charter requirements relating to the designation or publication. Subd. 4.Cooperative association.A contract with a cooperative association of which the officer is a shareholder or stockholder but not an officer or manager. Subd. 5.Contract with no bids required.A contract for which competitive bids are not required by law. Subd. 6.Contract with volunteer fire department.A contract with a volunteer fire department for the payment of compensation to its members or for the payment of retirement benefits to these members. Subd. 6a.Contract with volunteer ambulance service.A contract with a volunteer ambulance service for the payment of compensation to its members or for the payment of retirement benefits to these members. Subd. 7.Contract with municipal band.A contract with a municipal band for the payment of compensation to its members. Subd. 8. [Repealed, 1992 c 380 s 8] Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Meeting of March 8, 2010 (Item No. 8) Page 8 3 MINNESOTA STATUTES 2009 471.88 Subd. 9.Import, export, trade; port commissioner.When a port authority commissioner or economic development authority commissioner is engaged in or employed by a firm engaged in the business of importing or exporting or general trade, it shall be lawful for the authority to do business with the commissioner or the commissioner's employer provided that in the fixing of any rates affecting shippers or users of the terminal facility, said commissioner shall not vote thereon. Subd. 10.Import, export, trade; seaway port.When a seaway port authority commissioner is engaged in or employed by a firm engaged in the business of importing or exporting or general trade, it shall be lawful for the authority to do business with the commissioner or the commissioner's employer provided that in the fixing of any rates affecting shippers or users of the terminal facility, said commissioner shall not take part in the determination of, except to testify, nor vote thereon. Subd. 11.Bank loans or trust services.When a commissioner of any public housing, port authority, or economic development authority is employed by a bank engaged in making loans or performing trust services involving real or personal property affected by any plan or such housing or port authority, no restriction shall apply to any such loans made or trust services performed by said bank if the commissioner shall disclose the nature of such loans or trust services of which the commissioner has personal knowledge, which disclosure shall be entered upon the minutes of such authority. Subd. 12.Population of 1,000 or less.An officer of a government unit may contract with the unit to provide construction materials or services, or both, when the sealed bid process is used and the unit has a population of 1,000 or less according to the last federal census. The officer may not vote on the question of the contract when it comes before the governing body for consideration. Subd. 13.Rent.A public officer may rent space in a public facility at a rate commensurate with that paid by other members of the public. Subd. 14.Local development organization.(a) For the purposes of this subdivision: (1) "local development organization" means a housing and redevelopment authority, economic development authority, community action program, port authority, or private consultant; and (2) "government unit" has the meaning given in section 471.59, subdivision 1. (b) When a local development organization administers a loan or grant program for individual property owners within the geographical boundaries of a government unit by an agreement entered into by the government unit and the local development organization, an officer of the government unit may apply for a loan or grant from the local development organization. If Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Meeting of March 8, 2010 (Item No. 8) Page 9 4 MINNESOTA STATUTES 2009 471.88 an officer applies for a loan or grant, the officer must disclose as part of the official minutes of a public meeting of the governmental unit that the officer has applied for a loan or grant. Subd. 15.Franchise agreement.When a home rule charter or statutory city and a utility enter into a franchise agreement or a contract for the provision of utility services to the city, a city council member who is an employee of the utility is not precluded from continuing to serve as a city council member during the term of the franchise agreement or contract if the council member abstains from voting on any official action relating to the franchise agreement or contract and discloses the member's reason for the abstention in the official minutes of the council meeting. Subd. 16. [Renumbered 123B.195] Subd. 17.Federal or state grant programs.The governing body may apply for and accept a state or federal grant for housing, community, or economic development in which a public officer may benefit, if the public officer abstains from voting on measures related to the grant. Subd. 18.Small cities in St. Louis County; certain federal funding programs.If a city with a population of 5,000 or less in St. Louis County administers a loan or grant program with community development block grant funds or federal economic development administration funds for property owners within the geographic boundaries of the city, the city may make a grant or loan from these funds to a public officer of the city who applies, if the public officer first discloses, as part of the official minutes of a meeting of the city, that the public officer has applied for the funds and the public officer abstains from voting on the public officer's application. Subd. 19.Loan for HRA officer, if disclosed.If a city or county housing and redevelopment authority, or an agency having the powers of a city or county housing and redevelopment authority, administers a loan or grant program with state or federal funds, the authority may make a grant or loan from these funds to a public officer of the authority who applies, if the public officer first discloses, as part of the official minutes of a meeting of the authority, that the public officer has applied for the funds and the public officer abstains from voting on the public officer's application. Subd. 20.Township supervisor is employee of contractor.A township may enter into a contract governed by section 471.345, even if a township supervisor is an employee of the contractor as long as the supervisor had no role in preparing the contractor's bid or negotiation for the contract with the township. The supervisor is not precluded from continuing to serve as a township official during the term of the contract if the township supervisor abstains from voting on any official action relating to the contract and discloses the supervisor's reason for the abstention in the official minutes of the township meeting. Subd. 21.Contract with no bids required.Notwithstanding subdivision 1, a local school board may contract with a class of school district employees such as teachers or custodians Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Meeting of March 8, 2010 (Item No. 8) Page 10 5 MINNESOTA STATUTES 2009 471.88 where the spouse of a school board member is a member of the class of employees contracting with the school board and the employee spouse receives no special monetary or other benefit that is substantially different from the benefits that other members of the class receive under the employment contract. A school board invoking this exception must have a majority of disinterested school board members vote to approve the contract, direct the school board member spouse to abstain from voting to approve the contract, and publicly set out the essential facts of the contract at the meeting where the contract is approved. History:1961 c 651 s 1; 1965 c 806 s 1-4; 1969 c 26 s 1; 1973 c 123 art 5 s 7; 1977 c 55 s 1-3; 1978 c 651 s 1; 1979 c 20 s 1; 1986 c 399 art 2 s 38-40; 1986 c 400 s 38-40; 1986 c 444; 1Sp1986 c 3 art 2 s 41; 1991 c 65 s 1,2; 1992 c 380 s 7; 1992 c 522 s 42,43; 1993 c 224 art 9 s 43; 1996 c 471 art 7 s 18; 1998 c 269 s 1; 2001 c 7 s 90; 2001 c 132 s 1,2; 2002 c 356 s 1; 2003 c 119 s 1; 1Sp2003 c 23 s 27; 2004 c 139 s 1; 2005 c 80 s 1; 2008 c 176 s 1 Copyright © 2009 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. Meeting of March 8, 2010 (Item No. 8) Page 11