HomeMy WebLinkAbout09-26-11 WSMinutes
Lakeville City Council Work Session
September 26, 2011
In attendance: Mayor Mark Bellows
Council Member Laurie Rieb
Council Member Kerrin Swecker
Council Member Matt Little
Council Member Colleen LaBeau
Staff: Steve Mielke, City Administrator
Dave Olson, Community and Economic Development Director
Tom Nesseth, Senior Accountant
Dave Lang, Senior Accountant
Brenda Visnovec, Liquor Operations Manager
Allyn Kuennen, Associate Planner
Gene Abbott, Building Official
Judi Hawkins, Deputy City Clerk
The meeting was called to order at 6:00 p.m. by Mayor Bellows.
ITEM #1 —
The Minneapolis St. Paul Regional Economic Development Partnership, "Greater MSP," is
a newly created private - public partnership dedicated to growing the economy of the 13-
county Minneapolis -St. Paul region through coordinated leadership. The organization has a
5016 non -profit status. Community and Economic Development Director Dave Olson
presented a brief overview of the initiative and introduced Kathy Schmidkofer, Executive
Vice President, and Sara Barrow, Investor Relations Director. Economic Development
Commission members Jack Matasosky, Jeannie Schubert, Sheila Longie, and Bob Brantly,
and Chamber of Commerce Executive Director Todd Bornhauser were also in attendance.
Ms. Schmidkofer presented an economic assessment of the MSP region and the goals of the
organization. Dakota County Community Development Agency has contributed $100,000
to help launch the Greater MSP program. Other member cities in Dakota County include
Apple Valley, Burnsville, Eagan, and Rosemount. The group's objective is to raise the
profile of and attract businesses to the Twin Cities metro area through marketing of the
area's assets. Ms. Schmidkofer outlined the region's assets which will attract businesses: a
history of economic prosperity; large, diverse private sector; a highly educated workforce;
top tier research institutions; and a high quality of life. A Job Growth Task Force has been
formed with the objective of developing strategies and policies to promote the retention,
creation, and attraction of quality jobs in the Twin Cities region. The organization will
provide a coordinated effort for business development through global outreach.
City Council Work Session Minutes
September 26, 2011
Page 2-
Council Member Swecker asked if jobs in the medical technology field are declining. Ms.
Schmidkofer stated that this area is still a hub and there are still many jobs here, especially
in manufacturing, but the goal is also to retain those industries. EDC member Jack
Matasosky asked how the advocacy would work and how Lakeville specifically would be
represented with the organization. Ms. Schmidkofer stated that the group does not want to
duplicate the efforts of other organizations, such as the State Chamber of Commerce, but
wants to make sure potential businesses are receiving accurate data and information about
the region. The Board of Directors is 70% private and 30% public, similar to the funding
structure, so representation will be from both sectors.
Council Member LaBeau asked 1) How is spending allocated. Ms. Schmidkofer stated that
about half of the current assets go to administrative salaries, including marketing, business
development, etc. 2) How can Lakeville be confident of benefits. Ms. Schmidkofer stated
that all member cities would benefit from having the opportunity to bid on projects.
Council Member Little asked about the organizational structure and how that would protect
a city the size of Lakeville. Ms. Schmidkofer stressed that the entire area is included in the
marketing plan and it is critical to the program to be fair and objective. All members will
have a fair share of opportunities for exposure. She asked the Council to compare the cost
of the program to having an additional economic development specialist on staff.
Todd Bornhauser, Executive Director of the Lakeville Area Chamber of Commerce, asked
what types of jobs have been lost in this area. Ms. Schmidkofer focused on what jobs will
be added, specifically to deal with an aging population: health care, education, etc.
Greater MSP is asking Lakeville to join the organization at a cost of $25,000 annually. The
EDC will review the program and provide a recommendation to Council for possible
consideration as part of the 2012 budget.
ITEM #2 —
Steve Mielke provided a brief history and background of how the Liquor Study had come
about with Council determining that it was necessary to conduct an analysis of Lakeville's
municipal liquor operations. At their June 6, 2011 meeting Council authorized Shenehon
Company to proceed with Phase One of the study. Presenting the report were Bob
Strachota, President of Shenehon, and Scot Torkelson, Vice President. They explained that
Shenehon primarily focuses on business and commercial real estate appraisals and related
research, and they are experienced in municipal liquor appraisals.
Shenehon was given three tasks as part of Phase One. The first was to measure the
economic impact on retail development from operations of municipal liquor stores in the
City. This task was to study if, because of municipal liquor, there are retailers that are not
coming into Lakeville. The second task was to compare the financial impact on Lakeville
with municipal liquor operations to the alternative of licensed private liquor stores. The
third task was to study the economic impact on Lakeville's revenues from liquidation of
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September 26, 2011
Page 3-
municipal liquor stores (real estate and businesses) and improved tax base with potential
new development.
Task #1. The study looked at the economic impact of municipal liquor and whether other
retail businesses avoid the area because of municipal liquor. Mr. Torkelson stated that the
overwhelming attraction for business to any community is demographics. The study looked
at siting criteria of the top 15 retailers in the US and where they are located in the Twin
Cities in relation to cities with municipal liquor. They also looked at retail space per capita
and asked if Lakeville is under - served with retail based on population. The study found that
of the 15 top retailers in the US, seven were already located in Lakeville. In addition, every
one of the top 15 has locations in cities with municipal liquor. Four large local retailers
were specifically studied - two of those are already located in Lakeville and three have
locations in a city with municipal liquor. Based on their analysis, municipal liquor stores do
not impact retailers locating in the city.
Council Member Little asked why the top 15 retailers were chosen. Mr. Torkelson stated
that these larger companies are most likely to have formalized siting criteria. Their
locations are also more likely to attract other retailers.
Costco is rated #3 of the top 15. Their siting criteria would preclude Lakeville as an ideal
location since there is not a major shopping center nearby. Of their two prototypes one is
customer - based, and the other is business -based and would not include a liquor component.
Costco has a store in Eden Prairie, which is a municipal liquor city. Other local retailers
with strong presence include Byerly's and Lunds, which has stores both with and without
liquor and serves a high -end clientele. Trader Joe's, whose target clientele is double - income
households with no children, has also come into the area. Lakeville's population per
household is higher than their target goal. Trader Joe's has located on the west coast in
cities with municipal liquor. Mr. Strachota added that their liquor business is more of a way
to get people to the store than a high profit component of the business. The study could not
identify top retailers that have avoided Lakeville due to municipal liquor.
Amount of retail space per capita was also studied. The Twin Cities metro area has 23.2
square feet per capita of retail space overall. Lakeville's built -out retail is 19.1 square feet
per capita. Since Lakeville is located at the edge of the MUSA, not an "embedded" city,
there are fewer shoppers than a city which draws from all sides. This is considered a very
high amount of retail for the area and there is a very high occupancy rate.
Task #2. This compared the financial impact on Lakeville with municipal liquor operations
to the alternative of licensed private liquor stores. This included impacts on property taxes,
payment in lieu of taxes (PILT), financial contributions to the community, philanthropic
endeavors, licensing fees, and calculated the impact on property taxes on the average
residential property. Municipal liquor stores average 15,000 residents per store; Lakeville
serves an average of 18,651 residents per store. Private licensed liquor stores are more
competitive: there is an average of 5,245 residents per store. Private stores are likely to be
smaller but more numerous. An anticipated total of nine private stores would exist in
Lakeville based on the data. They would generally locate in existing shopping malls, in
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September 26, 2011
Page -4-
closer proximity to residential areas. New construction would not be anticipated. No new
development is expected to be attracted to the city because of private liquor licensure.
There would not be a significant addition to the property tax base from new private liquor
stores locating in the city. Regarding payment in lieu of taxes, the current amount of
$69,000 paid by municipal stores is entirely retained by the City. With private stores, the
amount of taxes retained by the City would be $15,215.
Regarding philanthropic endeavors, private stores are limited in charitable contributions to
the community. Municipal liquor stores generally are more likely to be engaged in giving
back to the community at all age levels. No change would be anticipated in the
contributions of other business in the community. Top ten corporate givers according to
Forbes include Target, Walmart and McDonalds, which are already located in Lakeville.
According to the League of Minnesota Cities license fees must approximate the cost of
issuing the license, policing, and license activities. They are not meant to be a moneymaker
for the city.
Shenehon looked at the earning history of Lakeville's three stores and determined a stable
cash flow, even during a difficult economy. This is likely to continue in the foreseeable
future. The three stores provide annual cash flow of $1,175,000, equal to $112M of real
estate being developed and added to the tax base in the city. Loss of that revenue would
increase taxes on an average residential property by $50 and on an average commercial
property by $244. If the two existing liquor store properties were sold and added to the tax
base the amounts would be $49 and $236 respectively.
Task #3. This task looked at selling both the stores and the businesses. The real estate is
more valuable with the protections of a municipal operation than under private licensure.
The businesses' market value is estimated at $6,450,000; the approximate real estate value is
$3,400,000. Net proceeds from the sale of the businesses and real estate, less the bonding
debt, are estimated at $6,490,000. Considering the limitations on where and how much of
that money could be invested the annual return would be about 1 %, or $64,900 annually.
The municipal liquor operations are currently realizing an 18% return.
Former Mayor Ed Mako expressed his concerns about additional expenses for police
enforcement with private liquor stores.
Council Member LaBeau asked about distribution of the $1.75M annual revenue and using
it to pay down debt. Mr. Torkelson stated that how the money is used by the City is a
policy decision and is not reflected in the report. LaBeau stated that one of the reasons
Council members saw a need for the study was to look at the need for an additional store.
Mr. Torkelson stated that is a question that would be studied in Phase Two, if the Council
decides to proceed with that phase.
Mel Verley of Lakeville asked if the return on the invested funds had been studied at
different levels other than 1 %. Mr. Torkelson stated that they have only done 1% but could
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September 26, 2011
Page -5-
look at figures for other interest rates. Mr. Verley asked if employee costs are fully funded
within the organization for retirements. Yes, they are part of the general budget and there
are no outside obligations. What impact does the existing debt have on the City's future
borrowing if that debt were to be removed? Mr. Torkelson stated that that was not studied
as part of this; also, $3M is not a significant number associated with Lakeville's debt.
Council Member Little asked if they would anticipate higher police costs with private vs.
public businesses. Mr. Torkelson stated that has not been studied as part of Phase One,
however, he would presume that it would cost more if there were additional private sector
stores. Past studies have shown that private stores had a lot more problems and calls to the
Police. Brenda Visnovec stated that local and national market studies show that along with
increased density in liquor stores goes an increase in social issues. Mr. Torkelson stated that
is particularly true with small stores of 3,000 square feet or less.
Council Member Swecker stated that it is a very informative study and thanked them for
their presentation.
Ron Gerk, 10466 W. 175th Street, asked who had written and approved the questions.
Mayor Bellows stated that the questions had been written by staff and approved by City
Council. Mr. Gerk questioned the study in the demographics required by businesses in
order to locate a store, particularly Costco. He asked if there is debt on Valley Lake Park
because of the liquor store. Mr. Mielke responded that one of the costs associated with
construction of the Galaxy Store was improvements to the park and that the city retains
ownership of the park. Mr. Gerk questioned the property value placed on the stores, the
rate of return on investments, and use of liquor revenues in the general fund.
Council Member Little asked Shenehon if they could justify the 1% rate of return which was
stated. Mr. Torkelson stated that is a rate over the next five years, based on today's
economy. The rate is also predicated on the limitations of investing municipal funds.
Council Member LaBeau asked about store locations, is it better to be in a freestanding
building or in the end location of a strip -mall. Mr. Strachota stated that one problem in
being in a mall is the lack of control of rent expenses. Mr. Torkelson added that the City
has an advantage in owning since the City is able to borrow money at a lower rate.
Finance Committee member Doug Anderson asked for clarification of the income statement
from which the analysis is based. Does it include the interest cost on the debt; and how
does it include the cost of capital that was originally invested. He stated he has a number of
other questions and asked the Council to pass the report along to the Finance Committee for
additional conversation and discussion. Mr. Anderson believed it might be helpful as
citizens to become more informed, especially on the question of an additional store. Mr.
Torkelson explained the formula for their analysis and stated the capital expenditure was
included. Mr. Strachota added that they have appraised several private liquor businesses
and from what they have found the Lakeville stores are running efficiently.
City Council Work Session Minutes
September 26, 2011 Page -6-
Mayor Bellows stated that last fall the private vs. municipal liquor was a huge issue in the
community, fueled in part by the perception that Costco chose not to locate in Lakeville due
to municipal liquor. He feels the community values private sector vs. public and believes it
would be worthwhile for the Finance Committee to look at the study, even though that was
not the intent of the committee. He asked what the next steps would be for the Council.
Steve Mielke stated that if the Council wishes to have a presentation at a Council meeting
that could be arranged. The Council may or may not decide to move forward with the next
phase. Council Member LaBeau stated that she would be in favor of the Finance
Committee looking over the report. Council Member Swecker is concerned that they are
committed to doing a lot of work with the budget right now and she would like them to
focus on that. Council Member Little asked what instructions would be given to the
Finance Committee if they were given the report. Mayor Bellow stated it would be to
review the report and bring back questions if they have any - he would like their stamp of
approval. LaBeau believes it would be a way of gathering more information, and approval
or disapproval would be for the Council. Little asked if they would be approving the study
or recommending what Council should do moving forward. He feels there should be some
defined instructions for the committee. LaBeau stated she is not comfortable spending
money on land without understanding everything about it.
Little stated that Council has been given this information in order to make their decision
about moving forward with municipal liquor and questions the purpose of the Finance
Committee review. Mayor Bellows stated that as an advisory board he would like their
input and feedback on the study. He believes the outcome of the study is clear but he does
not want to go forward with expanding the liquor business without a united community.
Swecker and Little stated that they would support review of the document by the Finance
Committee with specific direction as to what their task should be. Steve Mielke suggested it
might be helpful to have review, observations, and comment by the Finance Committee.
Recommendations from the Finance Committee would be entering into a policy level area.
To review the findings of the study and provide comments could be advantageous. The
mayor and council members agreed. Mr. Mielke added that the study could be helpful in
making a decision on expansion if it is determined to stay in the business.
ITEM #3 — Lakeville Electrical Inspections Program
As part of the 2012 -13 budget issues in June, Council reviewed the concept of whether to
continue the electrical inspection program at the local level or return it to the State. At that
time the consensus was to continue at the local level, but staff was asked to look at possibly
contracting the service to a private vendor. Staff compared costs of an in -house electrical
inspector with a contracted inspector program. Fiscally, the inspections program for the
past couple of years has not brought in enough revenue to pay for the full-time position.
Many neighboring communities have gone to a contracted position. During the State
shutdown, several cities that depended on the State Electrical Inspections changed to a
contract program in order to keep construction moving. A contracted service would allow
the city to retain a percentage of the permit fees. This would allow for a guaranteed positive
City Council Work Session Minutes
September 26, 2011
Page -7-
cash flow, however, lower service levels would be anticipated. Permit holders would likely
be offered a block of time in which to set up an inspection, rather than an appointed time.
Three options were identified for Council consideration. Option 1 would transfer the
program back to the State, Option 2 would contract with an electrical inspector and issue
permits through the City, and Option 3 would be to continue with the current program of an
in -house electrical inspector.
City Council believed that Option 2, a contracted electrical inspector program, offered the
most cost effective service and directed staff to proceed with preparing an RFP. If
inspections become busy again it would be possible to review the decision at a later date.
Budget issues will be addressed at work sessions in October and November to adjust the
budget if Council chooses. Council Member Little asked that the issue of ice rinks be
readdressed. He requested that Parks and Recreation Director Steve Michaud prioritize the
ice rinks and then look at options for a phased approach of reopening rinks. Mr. Mielke
stated that the rink budgets fall into two different budget years. If Council directs staff to
reopen rinks, revenue sources must be identified; the cost is approximately $7 -8,000 per
rink, or about $35,000 total per year. The decision was made as part of the 2011 budget not
to open additional rinks this year. If Council wishes to look at reopening rinks in the 2012-
13 season that would need to be added to this year's budget deliberations.
Council Member Swecker asked if it would be possible to staff warming houses with
volunteers. Mr. Mielke stated that it had been attempted a few years ago before the decision
to close the rinks was made. The volunteer program was not successful. Little stated that
he would like to see a prioritization of which of the closed rinks the parks staff would
choose to open if they could open one, two, three, etc., without any trade -off for currently
open rinks. Mayor Bellows suggested time be allowed at the October work session for this
discussion. Mr. Mielke stated that it is not too late in the season to provide additional rinks
if Council directs staff and determines a revenue source.
JJ Ryan, 16024 Hubbard Drive, said he would welcome the opportunity to prioritize the
rinks and start bringing them back. He asked if it would be possible to "share the pain" with
another rink and open their neighborhood rink instead of another. Mayor Bellows said he
would be willing to discuss that. Bill Messerich, 16162 Gunflint Circle, said he moved into
Highview Heights because of the hockey rink being there. He believes the rink would be
heavily used by the neighborhood. Scott Salmon, Havelock Way, also said he chose his lot
because of its proximity to the ice rink. He stated that the LNHS assistant hockey coach
also lives in the neighborhood and would like the rink reopened.
ITEM #4 — Development Forum Issue Review
Mayor Bellows stated that the document summarizing the results of the Development
Forum was excellent. Steve Mielke had presented the document to the Parks, Recreation
and Natural Resources Committee and to the Planning Commission. He identified
administrative issues to be reviewed and policy issues. Some of the policy issues are simple
City Council Work Session Minutes
September 26, 2011
Page -8-
changes and others have huge implications across the community. Some of the changes are
already being implemented such as use of checklists and providing better information to
applicants and educating them on the process if necessary. Some of the current procedures
can be streamlined, i.e., shortening the process by not requiring the final plat to go through
Planning Commission and Council if there are no changes from the preliminary plat. In
response to developers requesting changes in the required design standards, Mr. Mielke
believes the City must maintain a long -term approach for both aesthetics and durability.
Mielke stated that developers had asked to be consulted in the decision - making process
when changes are proposed. Issues discussed as a result of the forum included responsibility
for funding of public infrastructure; when do some development fees get paid; and whether
more high density housing is needed in the city. He believes the forum was very productive
and will have positive impact on the city/developer relationships. Mayor Bellows also
heard favorable comments from the public and believes it was a positive experience.
Council directed staff to continue to implement the administrative process and to prepare
for a discussion of the policy issues that will need to be addressed by Council.
ITEM #5 — Park Dedication Fee Review
In response to a request from the developer of Crescent Ridge Second Addition to consider
reducing the current park dedication rate for that plat, staff is reviewing park dedication
fees. Other communities have been surveyed to determine methods for arriving at fees, and
if they have lowered their fees as a result of the economy. There are several methods that
neighboring communities use to arrive at their fees, but no cities have lowered their rate.
Council was provided with several options for possible action: maintain the same fees;
review park dedication fees as part of the 2011 Parks and Open Space System Plan; take a
south of the river average; reduce single - family rate to multi - family rate; or consider a
combination of some of these options.
All of the plats submitted in 2011 have paid the existing rate and additional plats are not
likely to be submitted this year. Staff has received comments from both sides of the issue.
Council Member LaBeau stated that as a member of the Builders Association she is
concerned about the cost of lots. Council Member Swecker interjected that she had received
two calls today and is wondering if LaBeau had spoken to the City Attorney about a
possible conflict of interest regarding this issue because Shamrock (developer of Crescent
Ridge) is her father. LaBeau stated that she had not spoken to anyone about it but does not
believe she has any financial interest or conflict.
LaBeau stated that she is concerned with a court case by the Builders Association a couple
of years ago in Shakopee and Elk River concerning building permit fees. And she stated
that there had been another case involving Bloomington that dealt with park dedication fees
and the ten percent dedication requirement. She asked if staff had looked into those cases
and considered them. LaBeau stated she is concerned with possible litigation over park
dedication fees. Mielke stated that it is not just land value that can be taken into
consideration but also long term needs as established in the park plan. He feels it is
City Council Work Session Minutes
September 26, 2011 Page -9-
important to determine a methodology for establishing fair land valuation and park
standards when determining fees.
LaBeau asked about looking at building permit fees also. Mielke stated they will also be
reviewed.
ITEM #6 — Council Committee and Inter- agency Reports
• Cedar Corridor Improvement Group
There is significant discussions about identifying a revenue source for buses to
operate on the new BRT line through Apple Valley and Lakeville.
HiPP
Work continues on administrative courts, sharing of equipment and training
opportunities.
ITEM #7 — Adjourn
The meeting adjourned at 9:05 pm.
Respectfully submitted,
�Vx�" i . 160
J d' Hawkins
Deputy Clerk
Mark Bellows
Mayor