HomeMy WebLinkAbout06-25-12 WSMinutes
Lakeville City Council Work Session
June 25, 2012
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
Dennis Feller, Finance Director
Steve Michaud, Parks and Recreation Director
Brian Carstensen, Fire Marshal
Judi Hawkins, Deputy City Clerk
The meeting was called to order at 6:00 pm.
ITEM # 1 — Commercial/Industrial Park Dedication Fee
Parks Director Steve Michaud introduced Dan Licht from The Planning Company. Mr.
Licht stated that for the process of calculating Commercial/Industrial Park Dedication fees
the same model was used as for residential fees. At their June 4, 2012 meeting Council
approved a Subdivision Ordinance amendment to establish park land dedication
requirements for all land uses and accepted recommendations for residential park
dedication fees in lieu of land. The ordinance establishes that where a land dedication is
required for C/I properties, 6% of the buildable land is to be dedicated. Following
acceptance of that ordinance Council directed staff to continue to review park dedication
cash fees in lieu of land for commercial and industrial development. Current fees are
$7,693 per acre for commercial and $4,558 per acre for industrial properties.
State Statute requires park dedication fees to be based on average fair market value. The
formula for determining a cash fee uses both the acres required to be dedicated and the
land value. In order to make this calculation, the land value needs to be determined.
Three methods of establishing the average fair market value were discussed:
1. Individual appraisals could be completed by an appraiser contracted by the City with
the costs passed on to the developer. Actual sales figures would not be considered
reliable due to unstable prices and would not provide consistency between properties.
This method could create timing challenges for the developer.
2. Data from the Dakota County Assessor could be used. However, review of this data
found wide variation in estimated property values, even between adjoining properties.
The result of using this data would be inequitable park dedication requirements for the
same type of land use.
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June 25, 2012 Page 2-
3. An appraiser consultation could be obtained to establish values of undeveloped
properties within the MUSA by Comprehensive flan land use designation and land use
type. There are five land use categories that could be used as a consistent factor in the
formula to determine the cash fee in lieu of land. Year-to-year adjustments can be made
to the base value and additional adjustments could be made as needed. This option
could cost up to $20,000 and take approximately three months to complete; however
staff believes it would be an accurate and consistent basis for determining fees.
A market value percentage adjustment could be applied based on the Dakota County
Assessor's estimated land value reductions. Staff has reviewed this option and found that
there does not seem to be the same consistent valuation change for commercial and
industrial properties as there was for residential.
Staff believes consultation with an appraiser to establish an average fair market value for
commercial and industrial properties would establish an accurate, consistent basis for
calculating park dedication fees in lieu of land.
Council Member Swecker stated that the appraiser consultation method seems most fair
and expressed concern that individual appraisals would take too much time in the
platting process. She asked if there were any other reasons that individual appraisals
would not be used. Licht stated that State Statute does not provide for individual
appraisals to be used to establish average fair market value.
Council Member LaBeau suggested that since it is so costly perhaps an average price per
acre could be determined based on data available. Licht stated that values are very much
determined by the location of the properties and the cash fees would be inconsistent
with actual values.
Little asked how often a consultant would need to be obtained to make adjustments.
Mielke stated that once the values are established by the original appraisals it might be
possible to use the average valuation changes recommended by Dakota County for
adjustments up or down in the fair market values.
Licht added that councils and advisory committees have some flexibility for unique
circumstances and the Statute offers some flexibility. LaBeau suggested the Council ask
advisory committees for their input before proceeding with a study.
ITEM #2 — Liquor License Ordinance Requiring Fire Inspections
Fire Marshal Brian Carstensen provided Council with an overview of a proposal to require
annual fire inspections at all on -sale liquor establishments in the City. The Fire Dept.
currently conducts inspections on Commercial and Industrial businesses to insure the
safety of the public and the workers in those facilities. This change to Title 3, Chapter I of
the City Code would require similar inspections for on -sale liquor establishments.
Compliance with the Minnesota Fire Code would be required for renewal of the liquor
license of the establishment. There would not be any fee charged to the establishment
for the inspection.
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June 25, 2012 Page -3-
Council Member Rieb asked if the inspections that are currently done are scheduled or
unannounced. Carstensen stated that businesses receive a letter informing them that the
Fire Marshal or Inspector will be in the area but the business is not given a specific time or
appointment. If violations are found, the Fire Dept. works with the business to resolve
the issue.
Swecker asked if penalties for violations would be imposed on a tiered scale. Carstensen
stated that possibly putting their liquor license renewal in jeopardy would be the only
penalty. Multiple violations would be dealt with on an individual basis. Inspections
would be done in January or February to allow ample time for the business to comply
before license renewal applications in June. He added that most MN Fire Code violations
are in establishments' kitchen areas. Mayor Bellows stated that it is important to treat all
businesses equally. Little stated that some written guidelines would be needed.
Swecker asked if any of the surrounding cities have similar ordinances. Carstensen stated
that he was not aware of any. He agrees with establishing a standard for expectations
from the business and what penalties would be imposed. Mielke stated that there is still
time to explore this issue and the inspection process before a decision needs to be made.
He believes the public and license holders should be made aware of this potential
ordinance change.
ITEM #3 — Legislative Policy Manual — Finance Policies
Finance Director Dennis Feller provided an overview of the Debt Management Policy.
The policy was developed with the assistance of Springsted and is based on Government
Finance Officers Best Practices. The policies included in the Debt Policy include debt
limits, debt management, debt structure, debt issuance, debt management, interfund
borrowing, and regulatory compliance.
The proposed Investment Policy includes objectives of cash and investment management
with regard to safety, concentrated credit risk, and interest rate risk. Feller stated that due
to the huge swings in the market over the past 30 years the City has seen all extremes in
the economy. Little asked for some background as to why these policies are needed.
Feller stated that credit rating agencies request these adopted policies to ensure internal
control structure for the purpose of asset protection. Addition of the "Interest Rate Risk"
section reflects the need for staff not to take undue risk in investments, which could result
in loss of capital or cash flow challenges.
The Finance Committee has reviewed the Debt Policy and Investment Policy and
recommends Council approval.
ITEM #4 — Community Visioning Plan
Funds are allocated in the 2012 budget for a community -based visioning process for the
purpose of establishing an informed, reasoned and cohesive picture of the community's
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June 25, 2012 Page -4-
future. The purpose of this process is to assist residential, commercial, and industrial
property owners as well as government agencies in identifying strengths and challenges
of the community and identify what needs to be achieved for a desired future. Staff is
seeking direction from Council before soliciting consultant proposals. Mielke reviewed
some of the plan's possible objectives and outcomes. When the plan is complete the City
can use it as a guide for decision making and setting policy direction.
Swecker asked if the school district was willing to be a partner on this project. Mielke has
spoken to the Superintendent of ISD 194 who agrees with the importance of aligning
principles and resources and working harmoniously toward the intended outcome.
Mielke will also speak to leaders in ISD 192 and ISD 196. Other partnerships will include
the Chamber and CVB.
The visioning plan will include a four -to-six month process for development of the RFP,
recruitment of task force members, and completion of the plan. LaBeau asked how the
members of the task force would be chosen. Mielke stated that a task force will be
formed based on Council direction. LaBeau stated that there are numerous areas of the
community that could be represented. Swecker suggested the appointment of three
representatives from each demographic area of the city. Council members agreed that it
should be a broad cross section of the community, without getting unmanageably large.
Mielke stated that those who are appointed to the task force will be provided with data to
give them a historical perspective and help them to understand what has previously been
accomplished with adopted Strategic Plans. Swecker believes the Council should remove
itself from the process to allow uninfluenced ideas to come from the task force. Mielke
stated that the consultant who is chosen will assist with the task force process. Little
stated that he would like to appoint representatives who have not previously served on a
task force or an advisory committee. Swecker stated that she would also like to have new
representatives; however, many of the people who have previously been involved would
bring an important historical perspective.
Council members directed staff to proceed with a consultant search and development of
an RFP, and to provide an informational update at the next work session.
ITEM #5. — Other
Council discussed enforcement of truck traffic on 210th Street.
Council commended staff for their efforts on the recent storm cleanup. Staff will begin
sending out notifications to owners of vacant properties where trees need to be
removed. Emergency Management Director John Kornmann will present a storm
response recap at the July 2 nd Council meeting.
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June 25, 2012 Page -5-
ITEM #6. - Adjourn to a Closed Meeting.
Motion was made by Rieb, seconded by LaBeau, to adjourn to adjourn to a closed
meeting to consider a Letter of Intent on Outlots B and D, Kings Creek Greenway
Addition.
Motion passed.
Council discussed a Letter of Intent submitted by a developer regarding the acquisition of
City -owned Outlots B and D, Kings Creek Greenway Addition. Council may be interested
in further discussions of a property transaction at the appropriate time.
ITEM #7 - Adjourn
The meeting adjourned at 8:20 p.m.
Respectfully submitted,
J di, Hawkins
Deputy Clerk
Mark Bellows
Mayor