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HomeMy WebLinkAbout05-26-09City of Lakeville Economic Development Commission Regular Meeting A enda Tuesday, May 26, 2009, 4: 30 p . m . City Hall, 20195 Holyoke Avenue Lakeville, MN 1. Call meeting to order 2. Approve February 24, 2009 meeting minutes 3. Introduction of new EDC member 4. Presentation and Discussion of Proposed Zoning Ordinance Updates 5. Review of Commercial/Industrial Property Tax Comparisons 6. Director's Report 7. Adjourn Attachments: April 2009 Building Permit Report Dakota County CDA Apri! 2009 Foreclosure Report StarTribune May 19, 2009 article: Court rules that Eagan overstepped bounds in condemning three businesses Dakota County Tribune May 14, 2009 article: Cedar Avenue's transit benefits for business: reverse commuters 2008 Annual Report for JobZ Minnesota Positively Minnesota News Release, May 21, 2009 -Unemployment Drops to 8.1 Percent ~~m ~0. a City of Lakeville Economic Development Commission Meeting Minutes February 24, 2009 Marion Conference Room, City Hall Members Present: Comms. Matasosky, Starfield, Schubert, Erickson, Emond, Brantly, Vlasak, Tushie, Ex-officio member Mayor Holly Dahl, Ex-officio member City Administrator Steve Mielke, Ex-officio member Chamber of Commerce Executive Director Todd Bornhauser. Members Absent: Comm. Smith Others Present: David Olson, Community & Economic Development Director; Penny Brevig, Recording Secretary. 1. Call Meeting to Order Chair Matasosky called the meeting to order at 5:00 p.m. in the Marion Conference Room of City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota. 2. Approve January 27, 2009 Meeting Minutes Motion 09.03 - Comms. Erickson/Schubert moved to approve the minutes of the January 27,' 2009 meeting as presented. Motion carried unanimously. 3. Presentation of 2008 Annual Report David Olson presented the 2008 Annual Report with a PowerPoint presentation, including commercial and residential. development, housing trends, specific commercial development that occurred in 2008, CSAH 70/I-35 Interchange improvements, transit, 'and EDC initiatives. Mr. Olson stated that. this will be presented to -the .City Council on March 2"d and Commissioners Matasosky, Schubert, and Brantly plan to attend. Mr. Olson stated that the State of the City will be held on April 28, 2009 and will be held at the recently expanded Brackett's Crossing Club House. 4. Update on Status of Broadband Feasibility Study Mr. Olson provided an update on the broadband feasibility study. He indicated that the City Council approved a contract with CCG Consulting, LLC at their February 17, 2009 to conduct a revised broadband feasibility study and also look at the feasibility Economic Development Commission Meeting Minutes February 24, 2009 of extending fiber to provide broadband services to the Airlake Industrial Park .area and possibly the Fairfield Business Campus areas only. CCG will begin work on the revised study in early March. Mr. Mielke commented that Lakeville is looking at mainly Internet service. We are not pursuing a telephone voice system. He indicated that we are tied in with the school district which is already in the ground. It's restricted to government use now and we would have to figure out how to bring the private sector in. Security would be an issue. Mr. Olson stated that we have heard from Charter and Frontier and they are very interested in what Lakeville is looking at doing. 5. Director's Report Mr. Olson reviewed the Director's Report. In mentioning' the Dakota Electric Association Partners in Progress Event, Mr. Bornhauser commented that this is the same day as the Business Day at the Capital event, but people should still have time to attend the DEA event if they choose. There was a short discussion regarding the foreclosure update. Mr. Mielke indicated that approximately one percent of the homes are being monitored. Mr. Olson handed out a copy of the Spotlight on Business memo that was presented at the February 16t" City Council meeting. Life Time Fitness was featured. Regarding business retention visits in Lakeville, Mr. Olson commented that he, the Mayor, and Mr. Mielke will be meeting with the new CEO of Ryt Way on February 27t". Mr. Bornhauser indicated ;that Governor Pawlenty will be attending a Chamber Luncheon on March 30t". 6. Adjourn The meeting was adjourned at 5:50 p.m. Respectfully`submitted by: Attested to: Penny Brevig, Recording Secretary R. T. Brantly, Secretary 2 item No. ~ Memorandum To: Economic Development Commission From: Daryl Morey, Planning Director Allyn Kuennen, Associate Planner Dater May 22, 2009 City of Lakeville Planning Department Subject: Packet Material. for the May 26, 2009 Economic Development Commission Meeting. Agenda Item: Zoning Ordinance Update (Sections i1-17-9). State statute requires the City's Zoning and Subdivision ordinances to be updated after completing a comprehensive plan update to insure the ordinances are consistent with the new comprehensive plan. With the submittal of the 2008 Comprehensive Land Use Plan to the Metropolitan Council in December of 2008 the City with the assistance of NAC, Northwest Associated Consultants embarked on the process of updating the Zoning and Subdivision Ordinances in January of 2009. The Planning Commission has held several work sessions to review the proposed updates to the first half of the Zoning .Ordinance, Sections 1-20 and 22. The attached work session notes summarizes the Planning Commission's comments on the proposed changes to the Zoning Ordinance performance standards reviewed to date. One item of discussion during the Planning Commission work sessions were the proposed changes to the exterior building finishes within commercial and industrial zoning districts, Section 11-17-9. The proposed revisions to the exterior building finish standards have been initiated in response to comments expressed by residents during the 1998 Comprehensive Plan, 2000 Zoning Ordinance update and the 2008 Comprehensive .Land Use Plan update regarding the quality of new commercial and industrial buildings. Staff also received input from current and past members of the City Council and Planning Commission indicating an increased need for improved exterior building finishes in commercial and industrial areas as well as input from developers and builders with concerns regarding the long term durability of specific building materials such as EIFS that have become common in commercial and industrial construction. In addition, it has been demonstrated in Lakeville through the PUD process that increased exterior building finish standards can be achieved without undue hardship to the developer as in the case of the Crossroads, TimberCrest, Argonne Farms and Heritage Commons commercial centers, as well as with recent industrial developments including the South Creek Business Campus which includes the Hearth and Home building, the Hebert office/warehouse buildings,: the Mendel Machine expansion and the First Park Lakeville development that includes the Uponor office warehouse buildings. The proposed changes to the commercial and industrial exterior building finish standards are outlined beginning on Page 3 of the attached April 24, 2009 memo from NAC. At their April 16t" work session the Planning Commission supported the proposed changes but requested staff complete additional research .including a survey of other communities in the metropolitan area with exterior building finish standards and obtain general cost estimates for different types of exterior building finishes. At the May 7t" Planning Commission work session staff presented a comparison of exterior building finish standards from several cities within the south metro area and cost estimates of various exterior finishes provided to the City by .construction management companies.. In addition the Planning Commission indicated the. proposed standards are basically. codifying the types of buildings standards the City is already getting within new commercial and industrial developments which reflect the quality of exterior building finishes that residents have grown to expect from developments in Lakeville. The comparison of exterior building finish standards from other cities and the exterior finish cost estimates are attached.. The -next steps in the process include additional work sessions with the Planning Commission, City Council and other stakeholders within the community regarding the proposed revisions. After the Planning Commission and City Council have reviewed all. the proposed revisions to the Zoning and Subdivision Ordinances the City will host an open house to present the revisions to the public. After. the open house a public hearing will be scheduled for a Planning Commission meeting at the end of 2009 or early 2010 to formally adopt the revisions. to the Zoning and Subdivision Ordinances. City staff and Dan Licht from NAC will be available at the May 26t" Economic Development Commission meeting to review the proposed changes to the commercial and industrial exterior building finish .standards and to answer any questions. 2 AIC~RTH11iVE5T ASSO£fATEt3 CONSULTA-IVTS, tNC. 48Ud Gson Memories[ Highway, Suite 202, Golden Va41ey, MN 5522 Telephortie: 763.23'1.2555: Facsimile: 763.231.2561 plann~ers~nac~lanning.com MEMORANDUM TO: Daryl Morey FROM: Daniel Licht, AICP DATE: 24 April 2009 RE: Lakeville -Zoning Ordinance Update; Sections 11-16-7, 11-16-17 and 11-17-9 NAC FILE: 336.72 INTRODUCTION The Planning Commission had extended discussions regarding proposed amendments to the provisions of the Zoning Ordnance regarding as-built surveys, exterior lighting and exterior building materials. City staff has reviewed these discussions and made additional revisions to the proposed amendments. Additional information requested by the Planning Commission specific to the proposed exterior building material standards will be provided separately. ANALYSIS Section 11-16-17 (Exterior Lighting): The current standards in the Zoning Ordinance address basic elements for exterior lighting. A comprehensive revision of this section is proposed to provide for regulation of exterior lighting to not only prevent glare, but minimize skyward light pollution, improve compatibility while protecting public safety and functionality. Following the Planning Commission discussion on 16 April 2009, City. staff has revisedthe proposed language to remove provisions that would require reduction in site lighting and no illumination of signage during off-business hours. 11-16-17: EXTERIOR LIGHTING: Exterior use of lighting systems shall conform to the following provisions to reduce light pollution: A. Intensity. measured at anv .point on the property. 2. No light source or combination thereof which casts light on a public street shall exceed one (1)foot-candle meter reading as measured at the right-of-wav or property line. B. Commercial. Industrial and Institutional Uses. Anv lighting used to illuminate an off-street parking area. structure. or area shall be arranged so as to deflect light away from anv adjoining property or from anv public right-of-wav in accordance with the following provisions: 1. Shielding: a. The .light fixture shall contain a cutoff which_drects the Iiah at an angle of ninety (901 degrees or less. b. For light fixtures located within thirty (30) feet of residential zoned property. additional shielding. shall be required on the property line side of the fixture below the 90 degree cutoff to direct light away from the residential property. c. Lighting of entire facades of a building shall only utilize illuminating devices mounted on _toa and facing downward onto the structure. d. The following shall be exempt from the. shielding requirements established by Section 11-16-17.B.1.a to c of this Title. f 1) Architectural/historical light fixtures that feature globes that are not shielded. (2) Internally illuminated signs and signs with electronic displays as may be allowed by Chapter 23 of this Title. (3) Light fixtures used to illuminate outdoor-recreation areas subject to approval of an interim use permit. 2. Search Lights. The use of search lights shall require an administrative permit and shalt be limited to not more than two (2) events per calendar year During any one event the use of search lights shall be limited to five l5) days consecutively and shall only be used during business hours. C. Height. 1. The maximum height above the around grade permitted for poles. fixtures. and light sources mounted on a pole shall be thirty five (351 feet. ------- 2. Alight source mounted on a building shall not exceed the height of the building. D Location Except for building mounted fixtures within the C-CBD District all outdoor light sources shall be setback a minimum of ten 1101 feet from a public right-of-wav and five (51 feet from an interior side or rear lot line. E. Glare. Direct or reflected glare from high temperature processes such as combustion or welding shall not be visible from any adioinina property. F. Exceptions. The provisions of this section shall not apply to the following: 1. Temporary outdoor liahtina used during customary holiday seasons or civic celebrations. 2. Liahting reauired by a government agency for the safe operation of airplanes. or security liahtina reauired on aoyernment buildings structures, facilities or public right-of-wav.. 3. Emergency liahtina by police. fire. and rescue authorities. 4. Illumination of United States. Minnesota or other flans with non- commercial speech. 5. Public parks. trails and recreational facilities. City of Lakeville. ISD 192. ISD 194 and ISD 196 only. G. Prohibitions. The following outdoor lights are prohibited: 1. Laser. strobe or flashing lights. 2. Bare light bulbs shall not be permitted in view of adiacent property or public right-of-wav, unless part of a permanent fixture. 11-17-9 {Exterior Finishes). The Pianning Commission has in the past discussed a desire to promote improvements in the general architectural quality of commercial and industrial development within the City. This issue was also raised at several of the Planning District meetings held during the Comprehensive Plan update process. To this end, City staff had proposed amendments to Section 11-17-9 of the Zoning Ordinance that will .significantly increase the degree to which exterior building finishes are regulated for commercial, industrial and institutional buildings. These changes not only increase the required use of higher quality, more durable materials, but require variations in materials and design intended to improve the aesthetic quality of these buildings. The modifications to the language reviewed previously is~limited to those items outlined in the work session minutes and the addition of a definition of "brick" under Section 11-17-9.G.7 of the proposed amendment. 11-17-9: BUILDING TYPE AND CONSTRUCTION: Buildings in all zoning districts shall maintain a high standard for exterior architecture to ensure a high quality of development and land use compatibility that contribute positively to community image in regard to material quality, visual aesthetics, permanence and stability and to prevent use of materials that are unsightly, deteriorate rapidly, contribute to depreciation of area property values, or cause urban blight. A. General Provisions: 1. General Design Concept. Building and/or project designs shall utilize materials, colors, or details to meet the intent of these architectura 2. Design Elements. Projects may be required to utilize building ornamentation features, including but not limited to: columns, arches,... ,parapets cornices friezes canopies, moldings, dettils, corbels, cLuoins, rustication, vaults, domes, and cupolas.. 3. Corporate identity. The intent and purpose of these architectural standards supersede corporate identity designs; When a corporate identity design does not meet the intent and purpose of the architectural standards, the corporate identity design shall be limited to the area immediately adjacent to the main entry but shall otherwise be consistent with the intent of this Section. 4. Area Plans. Projects in special areas of the city shall comply with the standards adopted by the city council. The special areas, as defined by the comprehensive plan or specialized studies, are• 4 a. Central business district: "Historical Fairfield District Of Downtown Lakeville Design Guidelines". b. Community corridors and gateways: "Corridor and Gateway Design Study". c: Downtown Development Guide. ~B. Exterior Building Finishes. For the purpose of this subsection materials shall be divided into Grade A Grade B~ Grade C, Grade D and Grade E categories as follows• 1. Grade A: a. Brick.. b. Natural or artificial stone. c. Glass. d. Copper panels. 2. Grade B: a. Integral color specialty concrete block such as textured burnished block or rock faced block. b. Integral color architecturally precast concrete panels having an exposed aggre aq te' light sandblast, acid etch, form liner, tooled natural stone veneer brick face and/or cast stone type finish. c. Masonry stucco. d. Ceramic. 3. Grade C: a. Exterior insulation and finish system (EIFS) . b. Opaque panels. c. Ornamental metal. d. Fiber-cement exterior siding. 4. Grade D: a. Integral color smooth concrete block. b. Integral color smooth scored concrete block. c. Integral color smooth concrete tip txp ,panels. d. Integral color architecturally precast concrete panels having a smooth as cast finish. e. Glass block. f. Wood provided that the surfaces are finished for exterior use or the wood is of proven durability for exte redwood or cypress. 5. Grade E: a. Vinyl, Steel, aluminum. 6. Steel Or Aluminum Buildincis: Except in association with farms as defined by this Title, no galvanized or unfinished steel or unfinished aluminum buildings (walls or roofs), except those specifically intended to have a corrosive designed finish such as COR-TEN steel shall be permitted in any zoning district. 7. Integral Color: For the purpose of this section, exterior finish materials requiring integral color-shall not include natural cLray. not building's facade below the elevation of the first floor need not comply with the rectuirements for the primary facade treatment or materials. 1 9. Garage doors, window -trim, flashing accent items and the like, shall not constitute required materials that make up the exterior finish of a building for the purposes of this section. C. Residential Uses: 1. The primary exterior building finish for residential uses shall consist of Grade A B C D and/or E materials. 2. Required use of exterior building materials for buildings within the RST-2, RM-1, RH-1 and RH-2 Districts shall be as set forth by the respective zoning districts. D. Commercial, Office and Institutional Uses: The exterior of commercial office and institutional- . buildingLs shall include a variation in building materials and forms to be distributed throughout the fagade and coordinated into the design of the structure to create an architecturally balanced .appearance and shall comply with the following requirements• 1. The exterior building finish shall use at least .three (3) Grade A materials. 2. The exterior building finish shall be composed of at least sixty five (65) percent Grade A materials; not more than 35 percent Grade B or Grade C material and not more than ten percent .Grade D materials. 3. All sides of the principal and accessory structures are to have essentially the -same or coordinated harmonious exterior finish treatment. E. Industrial Uses: The exterior of industrial buildings shall include a variation in building materials and forms to be distributed throughout the facade and coordinated into the design of the structure to create an architecturally balanced appearance and shall comply with the following requirements:. 1. The exterior building finish shall use at least two different Grade A or Grade B materials. 1 2. The exterior building finish shall be composed of at least sixty five (65) percent Grade A or Grade B materials; not more than thirty five (35) percent of Grade C or Grade D materials; and not more than ten {10) percent of the exterior finish shall be Grade D materials. F: -Other Requirements: 1. Buildings may be constructed primarily of one specific Grade A material provided the design is obviously superior to the general intent of this Title, provides variation in detailing, footprint of the structure or deviations in long wall sections to provide visual interest. 2. Minor blended color variations shall not be considered as a separate material, except that a distinctively different color of brick may. be considered as a second Grade A material. 3. To be counted as a primary material, the product shall comprise at least five {5) percent of the exterior walla 4. The back of parapets that are visible shall be finished with materials and colors compatible with the front of the parapet. 5. Exposed roof materials shall be similar to. or an architectural equivalent of a three hundred (300) pound or better asphalt or fiberglass shingle, wooden shingle, standing seam metal roof or better. 6. Use of contrasting colors for building elements such as cloth or metal awnings, trim, banding, walls, entries or any portion of the overall building shall be minimized, but in no case shall such coloring exceed ten (10) percent of each wall area. 7. For the purposes of this Section, brick shall mean the conventional molded rectangular block of baked clay, nominal four-inch width. Thin brick veneer faux brick or decorative brick shall not be permitted as a building material for nonresidential structures. 8. Brick or stone exteriors shall not be painted during-the life of the exterior materials. 9. Accessory Structures: a. Except in the A-P and RA zoning districts, all accessorv buildings in excess of one hundred twenty (120) square feet that are accessory to residential dwelling units shall be constructed with a design and .exterior building materials consistent with the general character of the principal structure on the lot. b. Accessory buildings for .nonresidential uses, including those allowed in the residential districts. shall be of a similar character design, and facade as the. principal structure. 10. Expansions• 1. Remodeling or maintenance of existing buildings that do not increase the floor area of the existing structure shall be regulated by Chapter 15 of this Title. 2. Additions of less than fifty (50}percent of the floor area of the existing building may use the same or higher grade materials as the existing structure. 3. Not more than one (1) exterior wall designed for removal to allow future building expansion may be allowed to use Grade D materials notwithstanding other applicable .provisions of this section provided that the wall does not face a public street. G. Exceptions: Exceptions to the provisions of this section may be granted as a conditional use, provided that. 1. The applicant shall have the burden of demonstrating that: a. The proposed buildinq maintains the quality in design and materials intended by this Title b. The broposed building design and materials are compatible and in harmony with other structures within the district. 2. The 1ustification for deviation from the recLtzirements of this section shall not be based on economic considerations. CONCLUSION The Planning Commission will review the revised. language regarding exterior fighting and exterior materials, together with additional information .provided by City staff, at a work session scheduled for 7 May 2009... c. Steve Mielke David Olson Keith Nelson Zach Johnson Roger Knutson Andrea Poehler 10 Meeting Notes Planning Commission Work Session Thursday, May 7, 2009 Marion Conference Room The Planning Commission work session commenced at 6:50 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Chair Davis, Drotning, Glad, Grenz, Lillehei, and ex-officio Bussler. Staff Present: Planning Director Daryl Morey, Associate Planner Allyn Kuennen, Assistant City Engineer Zach Johnson, and Planning Consultant Daniel Licht of NAC. Others Present: New Planning Commission member Genevieve'Adler arrived at approximately 7:30 p.m. 2009 Zoning Ordinance Update (Sections 11-16-7, 11-16-17 and 11-17-9) Chair Davis opened the work session. Dan Licht reviewed his April 24, 2009 memo. The Planning Commission made the following comments: 1. Discussion about the potential impacts that a residential sports court could have on surrounding single family homes given the proposed cumulative lighting allowance of 115 foot-candles,at ground level measured at any point on the property. The Planning Commission was satisfied that the provisions as written addressed this issue. 2. Appreciated staff's revisions to the commercial lighting standards proposed in Mr. Licht's April 8th memo that was reviewed at the' April 16th work session. 3. Questioned if it is necessary to exempt architectural/historical light fixtures that feature globes that are not shielded as listed in Section 11-16-17.B.1.d(1 ). Staff noted that almost all new light fixtures can be ordered with shields meeting the proposed requirements and recommended striking the provision. 4. Discussion of Section 11'-16-17.B.1.d(3) exempting outdoor recreation uses from meeting the light shielding requirements and how would the City address possible impacts to adjacent residential dwellings. Staff responded that the City would address possible impacts-from private facilities through the interim use permit required by that proposed provision. 5. Add "incandescent" to the term "search lights" under Section 11-16-17.8.2. 6. Again discussed whether City and school district recreational facilities should be exempt from the proposed lighting requirements as allowed by Section 11-16-17.F.5. The Planning Commission consensus was that public facilities are accountable to the City Council or School Boards and they should be exempt. 7. Appreciated the additional exterior building finish research and information provided by staff for this work session. The Planning Commission consensus was that the exterior building finish requirements proposed in the April 24'x' NAC memo, which added °artificial Planning Commission Work Session May 7, 2009 stone" to the Grade A exterior building finishes list in Section 11-17-9.B.1, was appropriate. 8. Interested in the business community's reaction to the proposed requirements listed in Sections 11-16-7, 11-16-17 and 11-17-9. Extensive discussion centered on the proposed as-built requirements of Section 11-16-7.D.3. The Planning Commission agreed that the proposed as-built survey should also require that the house setbacks be shown. Staff suggested that if the house setback requirement is added. to the draft Zoning Ordinance update, then the survey for the house setbacks should occur when the foundation is constructed in order to reduce the impacts of correcting any setback deviations identified by the survey. Staff expressed concern that surveying the house setbacks after the house construction is:complete would make it very difficult to correct any setback deviations and may lead to variance requests that would be difficult to approve given the required hardship criteria. Staff pointed out that the as-built grading survey will take place after the house is constructed and the final grades are complete, so the requirement to add an as-built survey to show house setbacks with the building foundation will require additional time and expense for the house construction. Staff recommended that input be obtained from the Building Inspections Department prior to incorporating any wording regarding house setbacks into this section of the draft Zoning Ordinance update. The work session was adjourned at 8:45 p.m. Respectfully submitted, Daryl Morey, Planning Director 2 Meeting Notes Planning Commission Work Session Thursday, April 16, 2009 Marion Conference Room The Planning Commission work session commenced at 5:10 p.m. in the Marion Conference Room at City Hall. Commissioners Present: Chair Davis, Glad, Grenz, Lillehei, Pattee, and ex-officio Bussler. Staff Present: Planning Director Daryl Morey, Associate Planners Allyn Kuennen and Frank Dempsey, Assistant City Engineer Zach Johnson, and Planning Consultant Daniel Licht of NAC. 2009 Zoning Ordinance Update (Sections 15-20 and 22) Chair Davis opened the work session. Dan Licht reviewed the list of proposed revisions outlined in his April 8, 2009 memo. Allyn Kuennen made a Power Point presentation concerning the proposed commercial and industrial exterior building finish requirements. Each revision was discussed by the Planning Commission to determine if it required any additional amendments or revisions. The Planning Commission directed staff to consider the following revisions: 1. Change the word "nonconformity" to "nonconforming" throughout Section 11-15 for uniformity. 2. Clarify Section 11-15-9.B that the combination of adjacent common ownership lots can also be done to lessen their nonconformity. 3. Under Section 11-16-7.D, consider adding a requirement for surveyor certification that the house does not encroach. into required setbacks. Requested that staff research other area cities for their as-built survey requirements. The Planning Commission agreed that an increase in variance requests should not be an unintended consequence of the as-built survey requirement. 4. Underline Section 11-16-15.C.2 to denote that it is wording proposed to be added to the Zoning Ordinance. 5. Delete the wording "and conserve energy" from the exterior lighting wording proposed in Section 11-16-17. 6. Change the proposed wording of Section 11-16-17.A.2 to read "The cumulative light cast by all lights on the property shall not exceed one hundred fifteen (115) foot-candles at ground level measured at any point on the property. 7. Eliminate the comma after "Public" in Section 11-16-17.H.5 and move this section ahead of Section 11-16-17.G. Prohibitions. 8. Add the wording "Corn or pellets" to the materials listed in Section 11-16-31.C and D. 9. Requested that staff examine whether to use the "mean" or the "average" ground level and roof height for measuring the building height under Section 11-17-7.A. 10. Under Section 11-17-7. D, eliminate monuments as exceptions to the. building height limits because "monument" is difficult to define. Also, move cooling towers and elevator Planning Commission Work Session April 16, 2009 penthouses as examples of necessary mechanical and electrical appurtenances under exception number 11. 11. Under Section 11-17-9.B.6, change "farming activities" to "farms as defined by this Title". 12. .Remove "drainage and utility easement or" from the wording proposed under Section 11-18-11.E.1.b. 13. Under Section 11-19-7.1, add a requirement for a minimum sidewalk width of three feet excluding the two foot vehicle curb overhang allowance. Extensive discussion centered on the proposed exterior lighting requirements of Section 11-16-17 and the proposed exterior building finish requirements for commercial and industrial uses of Section 11-17-9.D and E. The Planning Commission asked staff how they would inform and involve the business community regarding the proposed changes in both of these sections. The Planning Commission also discussed whether City and School District outdoor recreation facilities should be exempt from the proposed lighting provisions. The Planning Commission discussed whether City staff should research other cities besides Woodbury for their exterior building finish requirements and the potential cost to developers of complying with the new requirements versus the existing requirements. The majority of the Planning Commission members supported the proposed exterior building finish requirements, noting that most of the commercial projects developed under PUD District standards would meet the proposed standards suggesting that the standards are feasible for Lakeville. The Planning Commission did request that City staff prepare a cost comparison of the existing versus the proposed exterior building finish requirements. Mr. Morey informed the Planning Commission that the Wealshire of Lakeville developer has withdrawn his applications so the project will not be moving forward at this time. Staff also updated the Planning Commission regarding the City Attorney's response to the truncated dome pedestrian ramp replacement issue raised their review of the Timbercrest at Lakeville Sixth. Addition plat. Mr. Morey encouraged Planning Commission members to contact staff prior to the meetings to answer questions that are related to construction details and are not part of the Planning Commission's purview for their recommendation on a particular planning action. The work session was adjourned at 8:15 p.m. Respectfully submitted, Daryl Morey, Planning Director 2 Exterior Finishes Cost Estimates Staff contacted construction management companies to obtain estimated costs of constructing a building with various exterior finishes. Krause Anderson relayed the following information regarding costs for various types of exterior building materials on commercial buildings. Brick $25 per square foot Glass $35 per square foot EIFS $22 per square foot Split Face Block $18-22 per square foot Precast Panels $18-26 per square foot They indicated that the actual construction costs are dependent on the size of the building with the larger the building, the less the cost per square foot. As an example of the cost going down for a larger building, the actual brick cost on the Heritage Commons Cub Store was $18 per square foot because of its size and construction. technique. They indicated that the cost of EFTS has increased due to new moisture intrusion requirements and is now closer in price to the cost of brick. They also relayed that the cost of precast panels can vary based on the type of architectural treatment that is applied to the panel Stahl Construction indicated that brick can be as much as 50% more than EIFS depending on the size of the building. The example they gave was if brick was at $18 per square foot then EIFS would be approximately $12 per square foot. Obviously this will vary depending on the size of the building. They did indicate that the projects they have worked on recently did not involve large amounts of EIFS. As indicated above by Krause Anderson their recent experience is that EIFS is moving closer in cost to brick. Stahl Construction indicated that brick and split-faced block can be used as a veneer or used for the wall structure itself and when it is used for the structural component of the wall it brings down overall cost of construction. In our research we found that increasing the quality of the exterior building materials may in general increase the overall construction cost of the building. However, the above information indicates that costs can vary depending not only on the type of exterior finish materials but also on the size of the building, building techniques and the process of construction and can even vary depending on the contractor that is selected to complete the construction of the building. An example that Planning Commission will be reviewing in the next few weeks will be a new Ace Hardware store within the Downtown. Initially this building was proposed to be constructed of concrete panels and finished with brick veneer accents. -The developer in the final submission of the architectural plans revised the building materials to be a mix of split face block, brick and cultured stone. The revision was made based on the cost. of concrete panel construction as opposed to brick, split face block and cultured stone. The end result will be a building that has significantly increased architectural appeal, better quality of construction and durability for less cost. Comparisons of Exterior Building Finish Standards The following compares commercial and industrial exterior building material requirements as proposed in the Zoning Ordinance update with exterior building material requirements of other cities within the metropolitan area. Cit Standard Zonin District Exterior Finish Re uired Grade A: Commercial • At least 65% of 3 Grade A materials* Lakeville Brick Office Not more than 35% Grade B and C • Natural stone Institutional Not more than 10% Grade D • Cultured stone • Glass • Copper panels Grade B: • Rock faced block Industrial . At least 65% of 2 Grade A or B • Integral color architecturally materials* precast concrete panels Not more than 35% Grade C or D - Masonry stucco • Not more than 10% Grade D • Ceramic '' A distinctively different color of brick may Grade C be considered as a second Grade A • Exterior insulation and finish material system (EIFS) • Opaque panels • Ornamental metal • Fiber-cement exterior siding Grade D: • Integral color smooth concrete block • Integral color smooth scored concrete block • Integral color smooth concrete tip up panels • Integral color architecturally precast concrete panels having a smooth as cast finish • Glass block • Wood Grade E: • Vinyl • Steel • Aluminum Brooklyn Class 1 Office • At least 65% of two Class 1 materials Park Brick Service • Natural stone Retail • Cultured stone • Glass • Stucco/EFIS Industrial Front must have at least 65% of two • Seamless metal panels Warehouse Class 1 materials (copper) Side and rear must have at least 50% of , • Rock face block two Class 1 materials • .Architectural concrete. panels Class 2 • Industrial grade concrete precast panels • Ceramic • Wood • Tile Eagan Class L Limited At least 65% Class I materials . Brick Business Not more than 35% Class II or lil • Na#ural stone Neighborhood . Not. more than 10% Class IV • Glass Business • Architectural metal panels/ Community copper Shopping " Center Class I I Research & • Rock face block Development • Stucco Park • Cultured stone Business Park Class III General At least 65% of two. Class I or Class I I • EFTS Business materials • .Architectural precast panels General . Not more than 35% of Class III and Glass block Industrial Class IV Ornamental metal as an • Not more than 10% of Class IV accent • Cement fiber board/Quik- Brik Class IV • Concrete block • .Concrete tip up panels • Ceramic • Wood Class V • Steel • Sheet or corru ated metal Eden Prairie Acceptable Materials Brick • Natural stone • Glass • Specially precast concrete units • Rock face block Commercial Office Public Industrial 75% of the exterior finish must consist of brick, natural stone glass. . 75% of the exterior building finish must consist of brick, stone, glass specially precast panels, rock face block Woodbury Class I Office At least 65% of three Class I materials* • Brick Commercial Not more than 35% Class II or Class III • Natural stone -Not more than 10% Class IV • Glass • Copper panels Class II Industrial At least 65% of two different Class I and • Rock face block Warehouse I I materials* • Architecturally precast • Not more than 35% Class III or IV textured panels Not more than 10% Class IV • Stucco Class III * A distinctively different color of brick may • EFTS be considered as a second Grade A • Opaque panels material. • Ornamental metal Class IV • Concrete block • Concrete tip up panels • Ceramic • Glass block • Wood CAM 1~0. .... City of Lakeville ' ~ Community and Economic Development Memorandum To: Economic Development Commission From: David L. Olson, Community and Economic Development Director Copy: Steve Mielke, City Administrator Adam Kienberger, Economic Development Specialist Date: May 22"d, 2009 Subject: Review of Commercial /Industrial Property Tax Comparisons The EDC has previously requested that staff periodically provide updated information on property taxes that provide "snap shots" of how property taxes for commercial and industrial properties in Lakeville compare to other cities and also provides information on where local taxes go and how Lakeville benefits. In January, staff presented information on where and how local property tax dollars are allocated. Below is a comparison of the taxes on a commercial industrial property with an estimated market value of $1,000,000 in Lakeville and how it compares to similar valued properties in other cities in Dakota County. Lakeville (ISD 194) $29,819 Lakeville (ISD 196) $29,430 Lakeville (ISD 192) $32,238 Apple Valley (ISD 196) $30,305 Apple Valley. (ISD 191) $30,495 Burnsville (ISD 191) $30,073 Burnsville (ISD 194) $30,148 Burnsville (ISD 196) $29,846 Eagan (ISD 191) $28,962 Eagan (ISD 196) $28,774 Eagan (ISD 197) $27,294 Farmington (ISD 192) $33,402 Farmington (ISD 196) $30,495 Hastings (ISD 200) $31,036 Inver Grove Hts. (ISD .196) $29,907 Inver Grove Hts. (ISD 197) $28,421 Inver Grove Hts. (ISD 199) $28,919 Rosemount (ISD 196) $30,589 Rosemount (ISD 199) $29,600 Rosemount (ISD 200) $30,179 item No. City of Lakeville ' ~ Community and Economic Development Memorandum To: .Economic Development Commission From: David L. Olson, Community and Economic Development Director Copy: Steve Mielke, City Administrator Adam Kienberger, Economic Development Specialist Date: May 22, 2009 Subject: May Director's Report The following is the Director's Report for May of 2009. Buildin4 Permit Report The City issued building permits through April with a total valuation of $19,704,970.. This compares to a total of $23,167,246 for the same period in 2008. Included in this valuation were commercial and industrial permits with a total valuation through April of $1,047,500. This compares to a total commercial /industrial valuation of $5,622,900 for the same period in 2008. The City issued permits for 6 single family homes in April with a total valuation of $1,590,000. This compares to 12 single family home permits in April of 2008 with a total valuation of $3,417,000. (It should be noted that the City received 6 single family home permit applications on May 1St.) The City issued permits for 0 townhome and condo units in April which compares to 4 townhome and condo permits issued in April of 2008. Minnesota School of Business On May 18th the Minnesota School of Business received approval of a Conditional Use Permit by the City Council to establish a business school in the Lakeville Office Building located at 17685 Juniper Path (which is across the street from Schneiderman`s furniture).. The School of Business has closed on the property and plans to start ofFering classes in Lakeville this October. They plan to increase their enrollment over time and plan to have up to 150 students this fall with plans with a targeted enrollment of up to 600 students within three years.. Having Minnesota School of Business in Lakeville will provide area residents the option of pursuing higher education locally. Downtown Ace Hardware Project On Thursday, May 21St the Planning Commission recommended approval of a Preliminary and Final Plat and a Conditional Use permit for the development of a new 16,000 square foot Ace Hardware Store on Holyoke Avenue immediately south of the new Market Plaza parking lot. The Ace Hardware developers have reached an agreement on a land exchange with Mark Hotzler that involves exchanging their existing store for the vacant lot that Hotzler owns adjacent to the Market Plaza. This .project also involves the Dakota County CDA. The CDA will be conveying a portion of their parking lot that will allow for the lot lines to be perpendicular to Holyoke Avenue. The cost of the modifications to their parking lot is being paid for by the development. The developers of the Ace Hardware project have developed a plan that meets the Downtown Design guidelines (see attached colored building elevations) and they also will be constructing the sidewalk on .the south side of the Market Plaza. The City Council will. be considering this project at their June 15th meeting and construction is expected to commence on or around July lit. The project is expected to be completed this November. Mark Hotzler has not identified a tenant for the former Ace Hardware store at this point. This project demonstrates the continued interest in commercial development and investment in our Downtown. Broadband Study Update City staff is currently reviewing a draft report on the feasibility of constructing City-owned fiber network to connect all City facilities as well as possibly provide access to business areas within the City. Staff will be reviewing this draft report with the City Council at their work session in June. Closure of DHY The City has recently received notice that Di-Hed Yokes Corporation (DHY) will be closing their manufacturing facility at 21467 Holyoke Avenue on June 30th. DHY constructed their 53,000 SF facility at this location in 1997. They are a precision machining, vacuum brazing, and exotic materials processing company.. DHY has employed up to 70 employees at their facility. DHY has been a valued member of the Airlake Industrial Park business community and Ken Owen served for a number of years on the Editorial Board for theAirlake Park Newsletter. The building which is now owned by a bank is currently being marketed for sale. Pioneer Plaza Planning Study The City has received approval of $30,000 in grant funds from the CDA to do a planning study of the Pioneer Plaza area and adjacent private and public parking lots west of Pioneer Plaza in the Ben Franklin block. StafF is reviewing a proposed scope of work for this planning study and are coordinating with Downtown Lakeville Business Association and other stakeholders. We anticipate having a consultant under contract and for work to commence on this study in June and for it to be completed by late fall Foreclosure Update Attached is the monthly update on foreclosures in Dakota County provided by the Dakota County CDA. There have been 21 Sheriff Sales as a result of foreclosures in Lakeville in April. This is up from the 5 sales in .March but comparable to the 17 SherifF sales in February and 19 in January. rn -~ ' o ~ ~ oo~o~to~ooo~oooo-~ooooo0000000000~00000 eo W o-~~~~nooo~nooo~ooooo0000000000~00000 Q~ ~ O W N N ~ O C. 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O V +.+ s. ., y y .., ~ U ~ c a. ~ ~ a .~ .~ o ~ .~ ... w ~ ~ ~ ~ ~ 3 U ~ ~ ~ U ~ ~ ~ ~ A a ~ .,~. d ~ ~ ~ ac°i u. ~ ~ aoi ~ ~ b o o ~ ~ h ~ N ~ a ~ ~ ~ ~ °' o ~ ~. ~ .? ~ 3 v v ~ w ~ H ' v ~ ~ i ~ ¢ c~ i~. t5 ~7 x x ~ n: ~ v~ ~~ U V ;~ .a x 3 3 3 v~ ~ v A a ~ i ~ ~ ~ a r 0 0 0 0 0 0 0 0 0 0 0 0 0 ao M by C. b •~ O ~ bA ti w U i'" U ~ R .C w F N ¢ w ri 1-f L Iut ~ Dakota County ~~ N' t'r it R 5 H t I' Community Development Agency C~~~~~ ..................... s-,ay~r~w.. To: Dakota County Cities From: Dan Rogness, Director of Community Revitalization Date: May 13, 2009 Re: Foreclosure Update Land Banking The CDA has used some of the recently awarded Neighborhood Stabilization Program (NSP) funding to land bank property that previously had vacant and bank-owned houses located on those lots. The land banking process is as follows: I . CDA staff and city inspectors complete an initial walk-through to determine overall structural condition and general level of blighting factors. 2. Since demolition is an eligible NSP-funded activity, the CDA can combine demolition with acquisition, which would result in vacant land-banked residential lots. 3. The CDA orders an appraisal as the basis for making an offer (NSP requires a discount of that appraised value as the maximum offer); once an offer is accepted, the CDA proceeds to a closing. 4. .CDA staff and the city's building inspector/official complete a property evaluation form to certify that the property's condition meets the NSP blight definition. 5. The CDA's consultant completes a hazardous materials survey that is incorporated into demolition bid specifications; the lowest responsible bidder is awarded" a contract. 6. These NSP-funded vacant lots are then maintained by the CDA and sold later (up to 10 years) for infill housing to homeowners with incomes at/below 120 percent of area median income. Some houses may be for lower income households such as those provided through Habitat for Humanity or a Land Trust. So far, the CDA has acquired seven houses in Farmington, South St. Paul and West St. Paul. Offers are pending in Hastings and Northfield. The CDA hopes to land bank 15-20 lots within the county. Foreclosure Counseling & Information Workshop The Dakota County CDA is holding a Foreclosure Counseling & Information workshop on Tuesday, May 19 from 4 to 7 p.m. at the Apple Valley Municipal Center located at 7100 157`'' St. W. in Apple Valley. Housing counselors will be available to speak with homeowners. For more information, please call the CDA's foreclosure intake line at 65 I -675-4555. Dakota County_ Community Development Agency Dakota County Stats -April 2.009 • # of Sheriff Sales in April - 126 (compared to 172 in April 2008) • Total Sheriff Sales for 2009 - 528 (compared to 724 Jan.-April, 2008) • # of Notices of Pendency Filed in April - 379 • Total Notices of Pendency Filed for 2009 - 1,3 13 1-1 ~ ~~ E O l~ ;'.,{ E~ ~~ ~ t°~ I P ~G~.~C.~L~~'L~ A Notice of Pendency is filed by a mortgage company's attorney as official notification that the foreclosure process has begun. Not all of these result in sheriff sales. Pages 3 and 4 of this PDF file have Sheriff Sale and Notice of Pendency statistics for each city. Mapping Using Dakota County GIS http://gi s.co.dakota.m n.us/website/dakotanetgis/ The Dakota County Office of GIS is updating the 2009 Foreclosures and Notice of Pendency layers on a monthly basis. If you need assistance using this Web page, please call Randy Knippel or Mary Hagerman with the Office of GIS at (952) 891-7081. In The News Provided in this PDF file are a few notable foreclosure articles that were published in the last month. Among the points of interest: • A national article that warns about fraudulent foreclosure rescue companies that are preying on desperate homeowners. Currently, the FBI is investigating about 2, 100 mortgage fraud cases, a 400 percent increase from five years ago. • Where price surveys have suggested declines of 20 percent or more in median home prices across the region, assessors in the metro area -including Dakota County -said overall residential values declined in the past year by only 6 to 9 percent. The reason for this discrepancy may be explained by the fact that traditionally, assessors haven't used foreclosures in determining the value of a given property. • -The face of foreclosures in Minnesota is changing. Most homeowners who sought foreclosure counseling through the Minnesota Home Ownership Center last year held prime mortgages, not subprime mortgages. Job losses and other economic-related fall out are behind many of the foreclosures. that are happening now. If you have any other concerns, please call me at (65 I) 675-4464 or send me an e- mail at drogness[c~dakotacda.state.mn.us. r ..`" r r ~'' ~ -.~. `.-~, V • • ~. Q ~ +J • C • • _O ~. - ~ • T v ~ ~ ~ ~ ~ ~ ;~ l.J ~~ • .~ ~. ~o. U • Q U O~ O O N .~ a Q L w 3 H d L 7 N u d i O W O V N ~ ~ c~ t G N OMO N ~ N ^ N ~ - ~ - N - ~ N ~ N ~ - ~ - ~ - ^ ^ ,O O N O O N 1~ d' O~ M I~ N ~n N M ~ M N ~O - uy M OO M CO - 1~ - O N ~ N v d D 0 u 0 Q 1 z ~- Q ^ N ~ ~ = O N O 00 O ~ ~ N ~ d" M ~ ~ IJ1 ~ O ~ Ln ~ M ~ ~ - N O M ..p N ul N O _ ^ O N O O~ Op N LL - N N N ~ I~ O O~ - _ ~A - - ~ ~ ~ •~ s ~ 3 7 V ~ ~ •~ _ bA ~ ~ ~ O {~ H V J ~ fl- _ L ~ _ •£ c i1 L •~ c ~ Q~ h ~ 3 IAA ~ L Q m bA W L LL ~ = ~ = Y J ~ ~ ~ N d ~ Vf O ~; v V .~ v N O U Cl C C ~ U ~ d t!1 t ~ N ~ G/ =~ 3 `~ o ~~ Cd C V O L 2 0 N L Q o ~ ~ U~ d ~ o ~~ ~ ~ o -° c o •f~ N_ 4~ C N O i O u.. ~_ ~ '' u""•~! ~;:~ ~ ~ ': v. • U • ~ ~ ~1~ Q • a,,, • C s • O N y N • ~..~. ~.~• o u~• ~, ~- ov Q U a 0 0 N 'i C. Q I.L u a~ c 0 v O ii ~ ~ ~/1 to O~ N M ~ d' OO O er - ~' O ~ N ~ = P. ~ ~ N N ~ to u'1 ~'? N u d Z v O Q d0 Q -, C 1 E Q ~!' to 'd' ~ ~ N ul ~ M M ~ r'f M ~ ~ ~ N ~ ~ ~ ~ ~ N - - M ~ ~ ~ N N N M ~ ~ N ~ LL - M M V1 M M ~ ~ ~ ~ O~ OD M ~O M sao ~ ~~ s ~ ° ' c d ao ~~ ~ ~ _ = a N - > 2 c ~ V ~ S Mew _ •£ = y ~ d O = ~ N 1~~1 ~ wNw'' _ ~ L f Q m W W L LL ~ = ~ ~ ~ .J ~ ~ ~ V~f W ~ M 0 v ~ ~ ~ L ~ ~ O ~ •~ o .°- Z V C 3 b~.0 N C ~ O N -~ fd L y ttY Gl ~ ~ ~ O L i ~ d ~ ~ d L ~ IA O ~ u ~ v ~ °U s " ~ v L ~ ~ ~ U ~ ~ ~~ o w ~ .~ o o a C T v ~ oU `" o a~i Y c ~ i ~~ N ^~ vi ~ b4 ~ .~ O C v N ~ c ono ~ O "- ~ O c~ V .~ .n O -o Z Ol t,. O v~ ~~ ~. ~~ ~, ~~ O ~ N 3 u_ Z ~ N o ~, LZ N r OL Z N .~ N 0 .~ U G/ c - U~ a^ N ~ G1 3 "' .o o " a, - E 2 0 ~f w Q O O cd U$ d ~ -~ o ~~ ~ ~ o ~° ~ 3 e~ 3 ~ 3 O ~ •l~ Vl ~ > O c N O O Government cracks down on mortgage scams -Mortgage Mess Page 1 of 2 ~`~.~ MSNBC.com Government cracks down on mortgage scams -- Attorney General: FBI investigating about 2,100 mortgage fraud cases The Associated Press updated 5:35. p.m. ET, Mon., April S, 2009 WASHINGTON -Federal and state officials are cracking down on mortgage modification scams, accusing "criminal actors" of preying on desperate borrowers caught up in the nation's housing crisis. Government officials said Monday that stammers are seeking to take advantage of borrowers in danger of default by charging them upfront fees of $1,000 to $3,000 for help with loan modifications that rarely, if ever, pay off. The frauds often involve companies with official-sounding names designed to make borrowers think they are using the Obama administration's efforts to help modify or refinance 7 million to 9 million mortgages. "If you are struggling to make your mortgage payment, or if you are facing foreclosure, stay away from anyone who says that they will save your home for money upfront," Illinois Attorney General Lisa Madigan told reporters in Washington. Officials say such operations almost always are fraudulent, and that help is available for free from government-approved housing counselors. "These are predatory schemes designed to rob Americans of their savings and potentially their homes," Treasury Secretary Timothy Geithner said. "We will shut down fraudulent companies more quickly than before. We will target companies that otherwise would have gone unnoticed under the radar." The Federal Trade Commission has sent warning letters to 71 companies it says were running suspicious advertisements. The agency also said it filed three new complaints against Northridge, Calif.-based Federal Loan Modification Law Center LLP, Newport Beach, Calif.-based Bailout.hud-gov.us, and Clearwater, Fla.- based Home Assure LLC,. and the operators of those companies. Bill Anz, founding partner of Federal Loan Modification Law Center, defended his operation, saying he will offer a refund to anyone who doesn't get a modification. About 20 percent of the 5,000 customers have received a modification so far, he said, with more in the works. "People might not like it," Anz said, but "realistically, the problem is so large that the private sector must step in." Still, Anz, who advertises on television and radio stations nationwide, said he would be willing to changing his company's name. He conceded the name "might be aggressive." Thomas Ryan, the operator of Bailout.hud-gov.us, has agreed to take the Web site down. Ryan said he still operates another site -which he would not name -that generates leads for foreclosure rescue operations. "They're providing a legitimate service," he said. A federal judge last month granted the FTC's request for a temporary restraining order against two New Jersey-based companies: Hope Now Modifications LLC and New Hope Modifications LLC. The government said the companies mimicked the Hope Now alliance, which runs the mortgage industry's foreclosure prevention effort. The FBI is investigating about 2,100 mortgage fraud cases, a 400 percent increase from five years ago, Attorney General Eric Holder said Monday. "If you prey on vulnerable homeowners with fraudulent mortgage schemes or discriminate against borrowers, http://www.msnbc.msn.tom/id/30070197/print/1/displaymode/1098/ 4/7/2009 Government cracks down on mortgage scams -Mortgage Mess Page 2 of 2 we will find you and we will punish you," Holder said. Homeowners do not have to pay to participate in the administration's Making Home Affordable program, which seeks to prevent foreclosures by making mortgages affordable through refinancing or modified terms. The FTC said other signs of a mortgage scam are: promises to stop foreclosure or modify a loan; guarantees. that your home will be saved and claims of a "97 percent success rate;" and use of official-sounding names. One Internet ad uses an image of President Barack Obama with the text "Avoid Foreclosure. Qualify For Obama's New Housing Rescue Plan." Only by reading a fine print disclaimer can the consumer learn that the site is not sponsored by the government. Over the past year homeowners have been flooding state attorneys general. with complaints about for-profit loan modification consultants. Roadside billboards in places like Las Vegas scream, "Save my property!"-and radio ads promise "expert help." Some companies comb .property records and send mail designed to look like it is from the homeowner's lender. Some of those offering help are former brokers, agents and appraisers who've seen their previous business evaporate. But consumer advocates say the legitimate consultants are no more effective than nonprofit credit counselors who also work with lenders at no charge. The shadiest operators, consumer advocates say, can actually force borrowers out of their homes.. by persuading them to sign over the title or grant power of attorney. While not every loan modification business is fraudulent, "swimming around in those waters are a lot of sharks," said Jim Carr, chief operating officer at the National Community Reinvestment Coalition in Washington. Some states recently have toughened penalties for perpetrating foreclosure scams, and some prosecutors have used existing fraud statutes to bring criminal charges. But many state. prosecutors have not filed criminal cases, instead proceeding with civil lawsuits. Homeowners can locate free housing counselors at www.makinghomeaffordable.gov or by calling (888) 995- HOPE. © 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. URL: http:ll«~ww.msnbc.msn.com/id/30070197/ MSN Privacy ..Legal. © 2009 MSNBC.com http://www.msnbc.msn.com/id/30070.197/print/1/displaymode/1098/ 4/7/2009 Home values plunge, but not to metro tax assessors -TwinCities.com TwinCities.com Page 1 of 3 Home values plunge, but tlOt t0 metro taX aSS@sS®t`S The problem: How - or whether - to factor in the abundance of foreclosures By Christopher Snawbeck cs nowbeck@pioneerpress. com Updaied: 0411 312009 1 1:26:24 AM CDT For much of the past year, the surge in foreclosed properties has torpedoed median sale prices for homes throughout the Twin Cities. But those foreclosures aren't having nearly as much impact on county assessments of residential property values. Those valuations, which are being distributed to homeowners this spring,. will form the basis for how tax burdens. are spread in 2010 and already have raised eyebrows among some taxpayers. "The decline in home values is much more precipitous than what is showing up in the valuations," said Phil Krinkie of the Taxpayers League of Minnesota, a perennial critic of the property tax system. Whereas price surveys have suggested declines of 20 percent or more in median home prices across the region, assessors in Ramsey, Dakota, Washington and Anoka counties said their counties saw overall residential values decline in the past year by just 6 percent to 9 percent. The difference stems from the fact that sale price surveys automatically include transactions involving foreclosed homes that have been repossessed by banks and sold again on the open market. Assessors, on the other hand, traditionally haven't used those foreclosures in determining the value of a given property unless they can verify that a bank sale constitutes an arm's-length transaction and that the lower price isn't a function of problems with the condition of the foreclosed home. In the past two years, assessors have looked at the concentration of foreclosures in various neighborhoods and made downward adjustments in valuations in areas where foreclosed homes made up a substantial portion of the market, said Stephen Baker, the Ramsey County assessor. But Baker defended the relatively modest decline in the 2009 assessed values, saying price surveys showing declines of 20 percent or more are misleading, because they have overstated the influence of foreclosures. "These (foreclosures) are very different transactions where the banks often are slow to respond to an offer, or difficult to get to the closing table ... so you're limiting your market to a small potential group of buyers," Baker said of bank-owned foreclosures. "The more you're limiting your demand, the more you're going to constrain your price." In the Twin Cities, about 60 percent of homes sold through the Regional Multiple Listing Service in January were foreclosed homes and other "lender- mediated" listings. Another reason these properties often don't command a market price, Baker added, is that the homes can be in rough condition, either because they've been damaged by previous owners or because problems occurred while they sat vacant. "They don't command a market price because they don't show well, they need a lot of repairs or, in some cases, they're not even habitable," he said. "It's essentially two different markets." http://www.twincities.com/business/ci_12129616?nclick check=l 4/14/2009 Home values plunge, but not to metro tax assessors - TwinCities.com TwinCities~com Page 2 of 3 To others, the idea of separating foreclosed properties from the rest of the housing market just doesn't make sense. The Standard & Poor's Case-Shiller Index, one of the most authoritative sources for information on home prices, includes the sale of bank-owned properties in its monthly assessment of housing trends in 20 markets including the Twin Cities. Bank-owned foreclosures are part of the mix for the simple fact that they are sold on the open market and therefore are deemed arm's-length transactions, said David Guarino, a spokesman for Standard & Poor's. Guarino argued that excluding bank-owned foreclosures would make no more sense than excluding homes with less than 2,500 square feet of finished space -another exclusion that would have the effect of boosting price changes reported by the Case-Shiller index. "A lot of the foreclosures were financed with subprime mortgages -the houses that drove prices up in the first place," Guarino said. "If you have them on the way up, you have them on the way down, too." To Krinkie, the property tax critic, the gap between values and prices is yet another indication of what he calls the ".arbitrary" nature of the assessment process. The relatively mild decline in assessed values, he added, serves a political purpose - governments don't want to see the property values on which they levy taxes wither away. "There's a tremendous amount of psychological pressure on them not to drop these values in relation to what's going on in the market," Krinkie said. Assessors vigorously reject that argument. No matter what value an assessor places on properties, they point out, it's up to local governments to decide the tax rate and total collections. "The taxes implemented are based on the spending that's being done by the various jurisdictions," said Michael Sutherland, the Anoka County assessor. "Market values simply distribute -hopefully, fairly and equitably -the various levies for schools, cities and counties." And the assessment process is far from arbitrary, assessors say. Instead, it reflects the fact that there's no simple equation between a given home's value and even its most recent sale price -let alone the overall trend with prices across a 13-county region. "We typically say that the sale of a subject property is its best indication of market value, but there are a lot of different environmental factors that go into that sale," said Baker, the Ramsey County assessor. "One sale does not make a market." George Karvel, a professor of real estate at the University of St. Thomas, said there is truth. on both sides of the argument. Karvel said the idea that there are somehow two separate real estate markets -one for foreclosures and one for traditional homes - is little more than "poppycock." Many foreclosure homes have a lower median sale price because of their condition, or because the homes were cheaper to begin with, Karvel said. But to suggest that all foreclosed properties reside in a separate market ignores clear examples where the low-priced foreclosure next door is a comparable property that drags down values in the neighborhood,'Karvel said. Still, price surveys likely include some properties http://www.twincities.com/business/ci_12129616?nclick check=l 4/14/2009 Home values plunge, but not to metro tax assessors -TwinCities.com TwinCities.com Page 3 of 3 "If you had a perfect world, some should be included and some should be excluded," he said. That's what assessors have been trying to do, said Lloyd McCormick, a Minnesota Department of Revenue official who helps oversee county assessments. There are cases where assessors can use foreclosed properties as comparable properties for setting a particular home's value, McCormick said, "but they require an awful lot of verification." The focus on foreclosures, McCormick added, misses another reason county assessments can look different from what's going on with prices in the market: The 2009 figures that property owners have been receiving in recent weeks were based on sales that occurred from October 2007 to September 2008. "They're always lagging behind the market a little bit," McCormick said. Christopher Snowbeck can be reached at 651-228- 5479. 'rintr~~+,~t~r~~ ~~~ http://www.twincities.com/business/ci 12129616?nclick check=l 4/ 14/2009 Minnesota's foreclosure wave moves upscale StarTribuneecom Page 1 of 3 ' ~:li!_ >~ ..__ ~,~~ Y~. I ~` mstarinfaur~e.com ~~ Minnesota's foreclosure wave moves upscale The face of foreclosure in Minnesota is changing. In a report to be released today, the Minnesota Home Ownership Center in St. Paul said most of those who sought foreclosure counseling through its network last year held prime mortgages, not the subprime mortgages that launched the foreclosure wave. Half gave lost or reduced income as a reason. It's a shift also occurring on the national level. The Mortgage Bankers Association said the national delinquency rate for prime mortgages in the fourth quarter of 2008 rose to 5.06 percent from 4.34 percent in the third quarter. "As this recession has intensified, the face of this mortgage crisis has changed by 180 degrees," said Scott Anderson, a senior economist at Wells Fargo & Co. in Minneapolis. Job losses and other economic-related fallout are behind many foreclosures now, he said. Anderson said the new wave of people unable to pay the mortgage often is middle-class families that most likely have two incomes. One loses a job and all of a sudden they can't afford their house. Or they are under water on their mortgage and can't refinance. "It's going to be a whole new crop of people that really are not used to having to get into this sort of financial position," he said. "It's really an unprecedented recession in many ways." The Minnesota Home Ownership Center -- a nonprofit organization funded by government agencies, corporations and foundations -- gathered information from the 1.1,809 homeowners who sought foreclosure counseling at 25 education and counseling centers throughout the state in 2008. Demand. was so great that the center went from 20 to 72 full-time counselors statewide last year. The center has a $2.3 million annual budget, much of which is "passed through" to its partner agencies, including those providing the counseling. It also provides educational resources to guide people on how to purchase a home. The center's executive director, Julie Gugin, said the biggest surprise was that 60 percent of those seeking help at the center had prime mortgages, while only 37 percent had subprime. In 2007, 57 percent had prime, 43 percent subprime. Of those with prime mortgages last year, 27 percent were adjustable-rate mortgages, which can be riskier for the borrower. Gugin said one reason those with prime mortgages sought help in greater numbers maybe because they were able to afford their homes until circumstances changed, and they realize that http://www.startrbune.com/business/43929507.hhn1?page=3&c=y 4/29/2009 Minnesota's foreclosure wave moves upscale StarTribune.com Page 2 of 3 a~ ~ rnsta#eibun~.com there are options. That compares, she said, to "some homeowners in subprime loans who may recognize at some level that the home was not affordable from the beginning." Gugin also said that law and moderate income homeowners were ahead of the curve in the economic downturn and were the first to lase their jobs and experience financial distress. What is happening now, she said, maybe the second wave of the foreclosure problem. Help available Regardless of the reasons people needed counseling, the center said that counselors -- often by working directly with slender -- were able to prevent foreclosures in 55 percent of the more than 9,000 cases in 2008 that have been wrapped up so far. Of those who averted foreclosure, 86 percent were able to stay in their homes -- and most of those were able to bring their mortgages current, modify them or work out agreements with the lenders to reduce or delay payments. Glen Wetterlund fits both categories. Laid off one year ago from a Twin Cities-area music store that was struggling because of the downturn, he started falling behind with his bills and the mortgage on the duplex he owns in northeast Minneapolis. He described it as a "cascade effect. Most people in my circumstances could relate because it's hard to pin. down one certain factor for getting in trouble with mortgages. But basically; it's loss of income and the overall general economic downturn." He tried contacting his mortgage company but "got a different person each time, and we'd have to reinvent the wheel all over again." Frustrated, he contacted the center, which directed him to one of its agencies, Minneapolis Neighborhood Housing Services; for foreclosure counseling. The result: His mortgage rate was cut nearly in half and his late payments were pushed back until the end of the loan, which is at a fixed rate for five years. His payments will restart on July 1. Among the report's other findings: Why help was needed: Thirty-five percent cited reduction of income and 15 percent cited loss of income. After that, reasons were poor budget management, medical issues, increase in loan payment, divorce ar separation and others. Mortgage payments: The guideline for mortgage payments is generally that they should 'not exceed 30 percent of a household's gross income. But only 31 percent of those who sought help via the center fell into that guideline. Twenty percent were paying 30 to 40 percent; 17 percent were paying 40 to 50 percent; 23 percent were paying 50 to 75 percent and 9 percent were paying more than 75 percent. -. - http://www.startribune.com/business/43929507.html?page=3&c~ 4/29/2009 Court rules that Eagan overstepped bounds in condemning three businesses Page 1 of 2 ~~~r~~~~ , tT'F.StBYtCk~LiflEC~7171I Court rules that Eagan overstepped bounds in condemning three businesses Court rules city authority exceeded powers in taking land for Cedar Grove redevelopment. By JOY POWELL, Star Tribune Last update: May 19, 2009 - 8:10 PM A trio of property owners in Eagan have won an appeal in a fight over whether the city's Economic Development Authority could use "quick-take" condemnation to acquire their land for part of the Cedar Grove redevelopment. A three judge panel of the Minnesota Appeals Court ruled Tuesday that because the EDA had exceeded its powers, the condemnation petition that had been approved in Dakota County District Court is reversed. Larson Automotive Repair, Competition Engines and U-Haul had sued over the taking of their property. The city has been moving forward with the redevelopment of the Cedar Grove commercial area, at the intersection of Cedar Avenue and Hwy. 13, considered a gateway to the city. Even with the ruling, the first phase of the proposed project will still be able to move ahead, with hearings set for this summer on plans to build about 250 market-rate apartments, a 160- unit hotel and 150 units of senior housing, said City Administrator Tom Hedges. But plans after that, which tentatively call for retail development, are up in the air. It remained unclear what options the city may pursue, including seeking review with the Minnesota Supreme Court. "We're disappointed that the process of redeveloping this important district will now be longer," Hedges said, adding that Eagan businesses had been asking for such revitalization for 20 years. The panel of judges disagreed with Dakota County District Judge Michael Mayer's interpretation of the redevelopment plan by Eagan officials. The appellate judges said that the EDA did not abide by the city's own requirement that a binding development agreement needed to be in place before land could be condemned. "Because the city's resolution incorporating the redevelopment plan voluntarily limited its power of eminent domain and unambiguously requires a binding development agreement before the acquisition of any property in Cedar Grove, the EDA had no power under the resolution to condemn the property owners' parcels before the city executed a binding development agreement," Advertisement http://www.startribune.com/locaUsouth/45435097.htm1?page=l &c=y 05/20/2009 Court rules that Eagan overstepped bounds in condemning three businesses Page 2 of 2 ` m.startribune,corrj ~~~~~~ said the opinion. "Because the EDA violated the resolution, it acted 'under conditions which do not authorize or permit the exercise of the asserted power,"' the opinion said. Judge Kevin. Ross wrote the appellate opinion for the panel, which included Chief Judge Edward Toussaint. Jr. and Matthew Johnson. The EDA had condemned 31 parcels for the project, but six objected, and of those, the three appealed to the Minnesota Court of Appeals. The city relocated the other businesses as it bought the land for the project between 2002 and 2007. But by September 2007, the negotiations to buy remaining properties in the tax-increment finance district had stalled. The appellate opinion outlined what happened next and what led to the suit against the city: "The stall. was at a critical time, because TIF fund eligibility was set to expire on July 22, 2008, and the city's plan to purchase the properties for redevelopment depended on the city being reimbursed for the purchases with TIF funds. The EDA resolved that, if necessary, it would use the power of eminent domain to acquire the remaining properties." Joy Powell • 952-882-9017 Advertisement http://www.startribune.com/locaUsouth/45435097.htm1?page=l &c=y 05/20/2009 Page A?~~392~i~~lr?}IiL'c3't i~otlbi~ta~tagtxsr~rixsat~<i~itt:i'srxrcr.ti=c`atrc sut~c.. `,~/~c TAGk JL')i;iM5w~~1 `C;atctss't:, rcr CustntrleS='rtccc~S 7A JE5St~~l H~TIPs62 Ctxuncil tse~t~ rs~^av~«ic~ £r>r 1Zc~eanmtsn#bine;~ses $~+1 ~-~.;, ':~xi'at,~+.Y` 'i ~, ~iw}{3' G3t~~t~4~i'1~-~~c~la~t.E~ -`'1r~3i.,.~iVi ~?~ t~Bwi~~i~ 1 "i ' ,« ~ €R ~ t t ~. ;% ~--~ ~- v t~ 1 ~ ~ ~ B ~..~ ~ I f~ ~ ~ S ~'' ~ ~ K L Y ~ecl~ .~ve~.~.e's r~.~.~i. ~-~~~~ fc~r ~~t~.~'~: .. .~l~.ess: re~er~e ~~-~.n~.~u.te~r~ 1 n~~~~u~. t.~k~~;~f~ r~n~r~ anti ~auakr hi~b . ~v~[~di" d~~k'Cdlt1C'~ #t7S3t stLanfxttu/t~r!'s ~at~ ,~:~t'TZl1~G'"~ "Ws`r~ cbotst ts~tt~t, Est there n~cis tts be cltnkcr~~c'ri r~ tr~,dar t~~~~p~, Caz'Ct1~t~~'S a vray for b~xsinesses to lirsk ira it. 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'V~'t c.itr z.7Y.,' a (tx)~ at FiwrJrz bE n'tvrrztl. ,ti that JI7 tc' iZ~f t'~ id SAi;T.d 1-v31 to ;het riders cu disc sd:itras xR2 i t: Meet circt76; ~'sl~~,.'art ixr «ait:. 31 filre.r, rr,i oat ;IT:"I?1 ,hE.dt'ze i<xr itir~sse ~ommnt :try„ hci7 .Ste: <)zfu. n7a. tail 4 t C,7t'.7ir 1~.5 d,i iJ.35 ~La=C .~ttcl :~,-eae~ :7. >anit€~' •rrv6Ee S z -?J)e'sr see Tel >: rc. {}'~.can.7e?a <ai<S a£xt ic'}ea 1SdF area} d°}sL.~ aataa a~.rJ sF~ etai'.at;f~, l:S:e :' --a`1ii in ,>tIe H+e.t n[irrra :Ftui it's ft''r:.tt tttcir ne.:9c ere :I Litt' 42L5''Y tSE,jt t}ijl'!'C±:'., ii(,4Y' Trt~1.\t• nCP:y}~ t::i ~' ~- .n.i. tiv~e, "ec's. sa @xft 4zara~ec,, dresser;, lhiamcc~'tJ sc,i~.l. we }:11+:kct ti naa <fckt;ilt S}s t?t' ~ dic Ef7t7asii :~;3J ~igp f)mn.` ~ero'r as 3narhes n:rcvar3:= i'aiG cniG,t« .. inaw Fcx)3 tcu' ~w;k.~TS1aa1Fi# T73C t3Rfl: tiYW i't, ~.:. .~.... ~}k1 `rJ [Sf.55G . }ti' ti;i7tS. i7slpin~ caf<tetig c47 ~c`e~v, ** ';~lstnt- €fY khc 3)7i+ii?c^5-«; ~4 :hz bald, iiei'P are SL' 3S"%~:i)C^Y~f:,~ `'<~c Yvx~fiut3 iific R~e>• rkxflittt`cJi ~nit€. `l'L~ want tt~ Tnet;ttt t;z i,e ;~ ~isi:~.t:,icuR.;" bsi~t~et=rt+,onc i~~cihei'." i7e'±;;tir.. TES2'. t'tttiefC'i( fitC~S+: i5tt '!"ale [nunciJ raft ~3+i~cet tkte xeC(ynie7 1~4'e:ifae,~xt~ nz' 62)t45f'S"'iCit't3f'yT:y5 ,1 i#'ARd)'l4iT§4 Y'.6TtY1 ~ ,, i~~ r - -,. ;2.TTA. izciwtia; I2naGrnnsstzt bu~a- gt ?.ire! ~.~~. E-.~.~d.rnc.. r; .-:c= zif<± r:ity la= 1~±rS. *t. ~'1'. it H~ne•. ~.1 .:. If1CS1e t1:E. '&"lacre ar>r .a ~r cte iw*"}- 'IiT ju]zb the k24,r.emnattc ,rwaxers ct°}~~F~ avant uR I3dE~fnc€~; l rx~.ra€ i1. rani tJte Jc> dzitt!~ in td,wi7. Ytut lust Dan Sitnn~'eJ;. ¢t ~b-+i ; .ziz~... "sri ti7c5 c.ftit af)z3 t3,ii 7eP: ~l~t?t}t7r:;ae F)z&~~tz ~~t,€zri+- diY JiAUk :ii CiEkly~ f~gilr•i. 3tfii J~Ci?IC2fi ai {.. J47SStlCP 3r ~Li?J f ..~ori<-ir?<edi)C: tr:, .c:e tz. d~r_a~:a'".. tt`~x~ any c},ht' grat_, `rJiz >ark. ,(;-+warr`llcssisntlrr~a:b: C.;7rern.t~. Ilse eaurc~.J is. trs>~Yenrt-t~cr^ eta ct"t¢s3a; ++°iih 6t.~>r:ne~ftrRt tlEd~llbCi? 91L flCi::. io l~l F}Ci kits[ j..;lisx; ~ ~ti.aviTL . •~rt :r.ntsiY i~-. ~;~~., iJt_~~t:.-!} f idir gei:perty- tabie< :.u di, ~5 rr~jap. heitti C. irr X„t>v:~f~lJr 'r,t S;rn. Y'tir, iax w`at nls€a ))`r6,1ff LleiT Qt'i`S Fnti1.7 B±PTa.i ~IIt{ €CF7TTi1iC€i i2J 7 TOJ}~CCFCS. T}teVi?f«Fcear,-~>sh;i: nftdi~aard i)t' 'FAGC' 412Y L.~}F:Il~e.{ iK'i]Cn it Ic+wctcdi it:, 2tFf{? hx7ri_~.,rt. i7tSeti)Sii; l~SC fnCt't':I.54'. Tsa t75n~ rsn;e }4t;zii f.>r rite C ct3aT 3+~enac 24xnirieac i ntba)dc~ an rtaJ-xzF-t he-iixs~ station t+a Ix hui3t x¢ ~r)attl- nz 32r,:7i! ~3} ae)Ei C ~tiar :ls>- rtiti€, 4}'~.E;nnt^a1 vas:, ~:it t7iai isiit ti)T x irnrzil>:r iyi iCi C~. TSv T7ecelnbsr, s *t~di'tiit Anti ~tdrt-.-~iTkt-T7(~c ~})fi 1i'rJt ksL con~tnectcc3 uiorl~ L.P• EiaT r1ti'ei7i7c irf i~ii:c t'iiic ;AC l7`3z6t ~tzeci, next #ar C did ~cx:rtl* ank Y7ut'€J .))a3i. 7n pi.uf en J3a~rtx Ci«ant.: E+ar af7ts;f tPzur trxei, nor Fuai `~J*io-fc':`alt"t's ~>xrk.-snc.n (}"f;onreJ[axiE3'z47era.nm- iarit{e7tts,` ~s tiiica. "#iRia ¢i' da.it• 5:43:Ab`iip` at 1>~zJt ~tr~t rt 3)as Ei..=2ii"rf:1 E,aJ.c,.iJlc'« t+Et,cebca>G- i7<tt't tr,. far; tY,r as7:l C'edu .~t'cnu~ is ;tJ:n rk:ri:r#:r atr,lusrrrii i':a r1; .es:e aT.ansiT tbc+~ hat~c na vvac' t bcnn~ cxi7a:u$cr;. `T'sar „t- -~a~¢t €csr TranNir sets ta~a Ise of if~rc~#sit7n.4 1'r~7ers. neJ1E Sinn cuir~rrdEk 1xsv:i;>, a=arum .51e`. Fttiul>". crc+a~:,~et7 _ir7~ ies that'. is7sT 7xrr. ati)biy." i:r~; jRaccx. istti N'it? a>e sx~ v.tsa earp6_xrea irt~. ~ i~ crai;o, xaidi ti)c nx€it5 ~f paat.irci5 to ia!{s(; ~tc+tai ~c~EI~, Lt,at :,Iftliott: cttciiTEc seT- rr.tra;it ;ta .7 Jfui,ii~ .nafl e:are 4T%E=itnca:4 saia3. >, 7,tw, T.`sa: baaim~_4~>Eex :rIS u1 z c ~exa+ied, l)dir ~T t~izc anti C~u).tn'1it )vayaTi» L es3ar . tans trarisat r3ptt ie}f~ na,ir he c f tiic €lae, ie .atvxu Ei§ rnaa:r , r., to ~tad7rm iv'i3i azr a>ftiirxr n_zic«t. ,.nyc faro ev*vrr~K:e, twi~e~ n~ ~acursiser ca ~,'~3J.'lJi,•. "lbtr Farr ~r" e:itt?Jc?t'- a.,.i' ir,':udsl. ,;aiinr tt°7ii tra:c :-e)riri: aRr r~~ +<xut3f ~~;`r '.a)r,w tint: ` "1 het that tra:a~Ft ~is L;Ci tears. 1SS-2ztt2Y st iti. "lint av'c i7ct-d crx?, a rrt ii. J c6.a. I3EZx rt.Il rfr dee w'Ytxk ai=ci Craft= t~ RAT tfx~i tr our ta.'i8itn'. ts_cr s~reaa( it aniatrb; reie^~ 'ftt tai iitiea z-e sur~a~t~f J7v' T.i-~k.-'z''n~Tta}~'~ ci~d~t~,a-' fro}u:it-i>~•.s. Rc~Si t~ni vz'av rs a ~'~f~3 axi;fii.,i) tzdF J"faf lYUl 3t~, fai3' dT~Ftey;i:`. lY+initlC7t.id'. ;told li.dli~3 il:lt SIFT iT,L;.vit t}5i' ~"~['" ~ 4te I7: 1~ rr; n7ox~; ..i.wi~s i- ,a~7'ur~:- nwtea,~'cce~~icl cccesv~d~ .,Ir;_ ;x~fnfbn~> In x_rsd.;e, r==> ~;pc trot .ccai~ea _ `~'4'e'd in abc reaaai~ di- 3"ra't.`~P±. it }5 .i.¢75p't;ir. C..e-- Ir au~vd ta, rt ..; :t:::iarnTrrt• t:7ft, and L+taine~r'; 3tat~e tt~. ds.u ~tY'enu~ ,rtrs-atttt crdr ~z~ehtr.~ ~.~~ i,~~-R'>t~.~ri I Lc Ruacffwmu t3usinc.. Counu; tt~dl .,dd is , t:+urs, !wc$ :u d.Rx^nta+ra rcde><'cln~x[ic:zi, ~d eomnicmic~ir its YSSF„ft iu cifv.SE 1;o~c+n.,afu ekre><<9 ar~r~ zatpainCe~ affir%t2>z. \nnc+7riri ~:ill~cr Tr:i»sit ;luthireiin• Rs{a'cr. a u'Ecte nci7~c nk~oEfiions nr ~.cfuth metro t~c~i-7 dents ciimmtfsin~ to i4TinrtaaTwli4 and Se. Paui, Lwi them i~ a growing nttd fig tFertrsr cummtstinT; ine€.1~aknrn C'ounat: M I N N E- S E T A Job Opportunity Building Zones - ~:;._ ..~ 'N ~"E ~ i~ ~ ~~# F, . . ~~ -ti~ . 4~ -- _ ..'wit- ti~~tr~ f ^~ `. - '~ h . ~~ 4. '~ . N1~king a Geod Program Better In a year that saw major chan_~r~s I„ the ,1C1li1 ~rro~rraru. I)h;l~;ll Coznnu~sirnu~rDan l'IcE~ro~ said it Leal: "-~1e have nude a orx1 1~rurranr t~reu ~iettrr.. ~I'ht~ a~euc~_ rc°spr,nlin~ lu an rt~du~iliun L~ Ihr~ Oflice of Lrr;islati~e _ludilur. im~rluurented trlan~ in Uctofu•r to inrt~ru~r adurinisUati~r~ ott~rsi~ht ol.]Ulil. int~ludin~ more timely n'. ict+~ of tthcthcr Lu~inessts ~~crr nrr~etin,~ cr~n~utittrteni~ frn~ juh rrr'atiun and ~tia~r,s in exchan<~~e f~n~ tai int~e+ntives. ~1'he L.e,islature alsomadt~ uhant;es to the prunram, rcquirin int~rrased ret~urlin~ and aCCOUntaLiiity 1,~ t~arlir°i~~,ilin~~ hu~in~s~r~s. Ul~a~~ll's rN~ irw of the initiative prorhrr~r;d cncuura~ ink results. ~~enr~~ a{{icials Tnund Ili~l t}ie tail ~najuril~ of},u~inrsses Ihat t~arlicit,ate°d in ,IOR% ~inuc its int~t~t~tir,n -:31.~ husin~,~r~~ as of January ~?(H)t~ - were in full cr~nrtilianct~ with ~~roram ~tanilards and ha~~e r~rraled Ihuus,tnrl:• of new joys in the' state. i n .~ < < ascs. hu~~e~c'r. thr a=rr°nr v Foul tr, 1er~nin~rte 1~enelits h<~cause the l,rr~inrssrs <~uuld nut ful(~ill lhr~ir runrmitnre°nL~ lu jot, creation. ~l~hr, a~enc~~ also 1~nrn1 Ihat the econrnnic rri,sis is affr°c1in ~nnlr~ hri,inr~:r, drat },re~~iuusl~ wr+re in rumt,lianc~e ~cilli t}rr~ t,ru,~~rain. I)E.f;U uffir~ials rnety ask the I,t~si~lalure I~,rlcztr•n~,iuns that. 51111 ~r]tC thn~(t Lusines~cs c~atra tirnc In acliir~tc~ their joL duals. dill. Iht° Lr•~rislati~e ludilur cnnclud~ d thin lhr ^ tuo~ranr ham ~-aloe as an c~cruu,mic ^ tlr~~rlupu,rnl foul, satiin~ Ifir initiati~u has ~ucceeded in ~iilraclin~~ sonrr~ out-ul~-slat<~ Eiu;inr~"i,s Ire Grealr~r llimu~sula and in ket-,inn ezislin~~ f,u,int~»r~s i~rum leap in« the slaty. ~ur~cc~ss stones from the pa~i ~ rar inclutlr~ Finlanl-Lased llu~r~utu~_ «hich announrcd Man., iu Jctilcmk>~r to build a far~l~u~ in F~trihaull that gill produr r~ dear Lu~r~~ fur wind turl,ines.'T`Iir~ faclnrv will Lrin~ 1(1(1 jnLs to Ihr ci1~ in the Leginrtin~~~ and }~erhaf,s murr later. In Berl lain,. llnl~-I~asrd llvdroruntrol annouut~r~r1 last sunup°r that it «tnrld ofx°n a fautoty on a,lO~3/, site tlral will t~reatr• I(1 jobs in II-ir~ cii~°. These kinds of stories illustrtrlc hr,~e,1O13% is fueling etonunric: ru~1 th in communities arr~und the dale. -1mon, Ilse Iirogranr~~e I~i~~hli,~hi~: ^ fiusinrars }~m-liril,atin~ in J(lti% curumillctl lu r rcatin,~ 1.?(i4 full-ling°joL~_ I~ul many of those (irrn~ h<nc e~r•r~edcd 1hc~ir foals. err atin~ (~_l l)3 {~ull-time t,osilions in the fi ri five •-e.ar> of [he prci~~ ram. ^ The juts pad bt°ttt~r than any one c°af>r~t•1rrJ. ~citlr ~a0 t,ert~ent offrrin~ salaries of ai Ic as Sly an burn-. ^ 'I'h~~ total annual t,a~-roll for the? new f,uaitiuns is r~tinraled to e~c:eed th?7(? million. Legislative changes ^ The state auditor and legislative auditor have access to tax and jobs data to assist in compliance reviews. ^ JOBZ businesses must certify compliance and provide documentation of state and local tax benefits to the Department of Revenue annually. ^ Business Subsidy Agreements can only be amended with DEED's approval under specified circumstances. ^ Clarification was made on when benefits can be "clawed back" from a business that is out-of-compliance, and businesses substantially operating but failing short of goals can remain in the program with reduced duration of benefits. DEED administrative changes ^ DEED implemented statewide criteria to review and score all JOBZ applications: Louf;in~ ai .1f1R/, I~runr a broader fx°rsfu•ctite. the t,n~~rrtnr has directly or ~ridirectl~~ created rnure Ihan 1.~.9UO nets juts in 1'lirruesola al au a~cra_~c ~alan~ of ~-~?t),(NlO. 'That's Lccaust~ i~ur e~ers j"L tlirr•ctl~ r~rr°aled bv.IOl%, another 1.5 jul>> ~~ert~ crealr~d clet~here h~~ supf~lir~rs anti l,.' workers sf,r~n<lin; rnurr° niune~~ in the local ecuuorm- .IOI~% I,usinesseaha~e recri~~ed ~!(>.u milliuu in i<~~ }x~nr~l~rfs ~~in r Lhr~ int•ct~tion of Ilre tuu~ranr. but .3i~ t,crr•ent u1 that ann,uni jca:~ sa]r•s tai nn construction nralcrial~, »hir~h i~ a one-lirnt~ l,enr~(it rccri~ctl during thr• I,uilrlinr f,hasr~. In r~hallr~n~in<~ limes like thee, t,rr,~~rarns lil.r• .lOhZ are vilal~~° imtxirl:nit. 'i'hanks 1o imlrro~eniruL, Ihal ha~c' nrtdc a ~rrx,d ~n~o,~ranr kx~ltr>r.,ltll3% i Lrin~iu~~ a renewed sense of Iruf,c~ and enthusiasur Ir, rural 1~linuesuta. Does the business need JOBZ for its project to go forward? Do the benefits to the state exceed the cost of providing JOBZ, and at what ratio? Would-other assistance be more appropriate? Are there local or regional competitors that would be injured by offering JOBZ to another business? How does the project score when weighing the number and wages of jobs, the state's return on the investment in JOBZ, and the. level of community distress (population loss, unemployment rate, household income)? DEED now requires and executes a standardized Business Subsidy Agreement. DEED has increased the timeliness of its JOBZ compliance monitoring. Program Performance Cumulative 2007 Estimated 2007 Estimated FT (New) Average FT (New) Average Non-Property Tax Benefits Property Tax Benefits JOBZ Region Goals Wage Actuals Wage (millions)' (millions)Z Land of the Dancing Sky 109 $10.80 130 $14.62 $0.3 $0.1 Northeast 188 $.10.73 242 $16.14 $1.1 $0.1 West Central 657 $10.82 892 $15.83 $5.5 $0.7 Region 5 416 $12.27 628 $16.82 $1.1 $0.7 Region 7E 420 $20.24 378 $29.34 $1.0 $0.3 Southwest 977 $10.18 1,730 $14.14 $6.0 $1.7 South MN 10BZ Alliance 601 $1 1.77 659 $15.85 $3.2 $1.1 Positively Southern MN 750 $1 1.76 1,288 $13.68 $6.3 $0.8 CombinedRegions3 146 $10.59 161 $13.89 $0.9 $0.3 Statewide 4,264 ;12.03 6,108 $15.79 $25.4 $5.8 Note: The tax benefit information is based on data reported to the Minnesota Department of Revenue by 33 1 businesses on Schedule JOBZ and Form M500. Note: There were 4,270 full-time retained jobs reported with an average hourly wage of $17.43. FT (New) =Anew full-timejab is defined as a permanent, non-seasonal position that is scheduled to work an average of at least 35 hours per week and was created subsequent to the agreement date. 'Includes local sales tax and estimated tax benefits for JOBZ businesses. z Includes state and local property tax exemptions. State and local property tax exemptions are not actual revenue decreases, rather levy amounts shifted onto all other property. ..'Tax benefit information has been combined for two zones: Headwaters and Upper Minnesota Valley (Region 6W) Note: Job and wage data are collected through the Minnesota Business Assistance Form. Note: Estimated non-property and property tax benefits are preliminary estimates as ofFebruary 2009. Generating lobs ir- Red Wing Red 1\in~. ~~ ~•it~ u1 1G_000 Ix•ol~lc aboiil an Ii~nn~ south ~~f Ih~ ~l'~~in (:ilics. ha= pl~~nl~ noin~ [ur it- Lhe 1lississif>1~i lii~rr_ s~~enic~ Iree-co~i°re~l blui~l~s au~j a bustling c1~~~~ nl~~~cu hu5isiess dislricl. (~u1 lik<~ ~nan~ small lo~~ns. the coninnniii~ has liulf~ in i}ic ~ca~~ ul~economi~• ~le~elojiinr~nl iu~~cnti~~~s to allrart ne~~ f°inC~~o~cr~~ ur to kerE~ c.aislin~~ roinl~auies I~mni Iealin~r. Th;il~, «~h~_~re JUI,% comes in. ..il'; b~,F'n r~~r~r~~lhin: for 1<<•~1 1~~in,'..lUl3% is on~~ oC~~u~` hi~~rr•t tnols.~' said Shari C:hurnel. husines; ~le~r:~lnf,nicnl rlire~~Lurlor ~l~e l~~°~I 1liu, I'orl _luthuril~. (;hornet said .1011;% ha he~~,~ iu~ul~ed ~~~ilh sc~~~n 1noj~ ~~Is in lic~i l\ in,~ in re~~enl ~~~ars. sa~in~~ hundn~~ls o1~ I~iL, trial ~ni~hi not oihenr~~e e.eisi Lralat. I'hr nws1 i>rominenl t~~ampl~~ is (_:al~ilal Sa1~r,1~. ~chi~~li makr~s Call-liroicclion ~•~~uij,iucnl Cnr the ~~nn;lruc~ion irnju,tn. 13ac1c in '?U(l,"~. thr c~~rnl~an~ ~cas thinhin_ abuui lr'a~in~; lows lu c~l~aod iL: mauul~a~ turius~: ol~erati~~ns in l.a~iada. liul If~ank- to lay h~~nr~lits ulCcrcil un~lcr J(JI;I. 1h~~ cnml~au~ ~tx~ ahlr In In~r~~ha~~~ the fornu~t ,losl~°u-1uc. buil~lin~~ in ~hc city and rr~fil the stru~~iurr Cnr its nianuCa~ luring, nccrl~ tinnu° -1(1(1 iieol~lr ~~ork ai lhc~ Cacililt t~xla~. (;hornet ci~r: Ilt~lrocuulrul Inc. as th~~ ~~il~~s lui,°st10B/ sue r~•ss ,luiy. ~-I~dr~~conirol. an halt-basrcl ~•i~niirtnt ihal inak~~s j~nih~auli~ cnn~lionc~iis Cor heat-c°duiinnr~nl manuCac~ru-ers su~•h ~~: J~~hn I)eF•r~~ and (ailcrJ~iilar. announ~•ed Man= la=i <unm~~~r to build it; (~irst ~1'or[h ~ni~~ri~~an i~lant in lied wing. Man}' facf~u~, ~~lat<•d info lh<? sclcclion of Red l~`iii~r, inc•lii~hn~ its in~~~~~imii~ to 11ie ~~+in (1i(i~~s au~l llu~ Ian I Ihat ~nm}rin~ c~.e~~uii~~~s 1~•I iii lo~c, ~~ilh the lilllc ri~~°r 1~~4rn ~chen thee- carve for a ~-init. ac corrlin~ to (:hunieti. i{ui it ~~as JUI;/ thal Lcll~etl seal lju~ deal. Lrrut i~jin~.; I I~~Iro~~i~nlrol wills ~~IS inr~_•nli~~cs for buililin~~ its 18,000-~~1uarF~-Caul fa~~ilil~ un a 3. l_'-a~ rc silt iii the liic~r F31uf1~; De~~elnl~nu~nl Park. {:onstru~•iiou on 1h~ builrlin~~i~~ and~~r ~ta~ and is PXl~ecie~l to b~~ cr)mfJlelCil its ~fnil 20(i<~. _~ ~~L- ~ ,. --~-, .~~'v~ti ~s . 1t' ('omliall~ has CUnlllU i~i'~1 iii r' }ii~rin~, LO I~~~ul~~~~ In slarl. I,,i~iu~; al legal u` 1:3.:50 ,in hour iglus henr•(it;. ll all ;roes accordin~~ lu pilau. offir.ial~ holx° to hire mur.' ix~uf~lc~ lal~~r and increase i~ruduclioii. ~h~~ l~lan~ is hcin~ huill ~t~ilh room lur ~~~l~an~sirm. L:h~~rn~~~ ::~i~l I~x al oCtii sal.; ~eon'i h~~;iiai~, I~~ usN ,J(ll;/, iu the luturr h~ ~~au~e it luzs h~~cn su~~h an r°il<~~~li~~e business and jobs rlr~~•loiunr•ui tool in thccit~.:1s Ih<~ lu~~al ~~ai~eroF~ined last ~~~°ar. '.1013/. Iia~ 17een ~oorl to i~~_~<1 ~V'in~... Deals Completed in 2008 Number of Deals Completed for 2008:30 Kiltaan Roseau Lake of The Wootls Marshall Koochiching Pennirgton Cook Retl Leke Beltrami _ SI Loma Lake Polk _ Norman Rasce Mahnomen Clear- • water Hubbard Cass Clay Becker - ~`~ Crow . Watlena • Wing ARkin Carlton Welkin ORer Teil Todd Mille Plne Douglas Morrison Laa Grant . Kanabec Traverse Bemon • Isen6 Ch~ c Pope • ~ ~ Big Stevens • Sherburne stone Steams . SwIR Mee er Moke KantliYOhi Wright ~ Lec Ch'rypawa •~ Hennepin ~ in Dui Pane McLeod Carver Yellow Metlicine Renvilb SCR Dakota - Sibley ~~, Linwln Redwootl ~• Nieollet Rlee • Goodhue Lyon Wabasha Le Sueur - Brown • Pie MurtaY Cotlonwao: Eat Waseca Steele Dod e Watoriwan g Olmsted wrnona Roek Nobles Jackson Mamn - Freeborn ;us~on • FadbauR Flllnrore Mower The lOBLFor~ula Six yeas aftt°r Gov. Tim Pawlenty unv~~ilyd JOBZ, the ^ Corporule franchise tapes; prn~ram is proving to be more impor~anl than ever in ~ Income taxes for operator: or inv.°~stors, ine~luding _~inne~5ula. L)urin~ lllr~~~echallen~ing e~•unurnic times, capital rainy faxes; JU13L ,rive- I~linnesulu an i~r~Prlr-~ant cdnt~ h~~ attracting new conlpuuir~ and {,elpirl~ cais~in~; ~iini~ to expand. - ^ SriJcy taxes on construction materials any] ~uuds used ire the zones; There i; nothin ~ complic<<<ed ahuutJOB%. Indeed, ~ pr~,i~,~~, axes on commt~rcial and industrial the }_tcaute of the l~rurarn is il~ ~imjilicit~-. i3~- offering in~provernents; and tea int c•nlivt_~ to c:omll~inie= ~haL nirr~t ~~crlain criteria, the sl,i~~~ ulakr~s if e.«ie-r 1~ctr firer ~ to Lv~ing niorcjohs to ^ Eniplo~ anent ~av credits Cur hi_I1-pa~~in~ jobs. - Minnr,nla and ~o crca~e ne1~ ones.. Thc~ l~~nary of JnBZ can he ~~een alb across Greater R~o~rr-~url cvcn~~~tirlns that influence cornpaniesto locate or Mim~csota, ft~um`Suzlon l~o[or (.orig. in Pipestunc ~u Forth exi~and in lliirncso~a include: CF'n~ral Doer Go. in 13cnlidji. ,lOB7, gels results. The pro~rirn i, }~rinin~ nc~~ busine~~ inti~cslmcnl to the Mate and restoring confidence in rural A4inne~ota. p SI V y ~E~`~i~Pe ~'e~;M 1st National Bank Building ^ 332 Minnesota Street ^ Suite E200 ^ Saint Paul, MN 55101-1351 Cnnes~tc 800-657-3858 ^ www PositivelyMinnesota.corn Page 1 of 3 Olson, David From: MN Department of Employment & Economic Development [StateOfMinnesota@ngwmail.des.state.mn.us] Sent: Thursday, May 21, 2009 10:50 AM To: Olson, David Subject: April employment figures If You cannot read this ,k i ~.~-r,E...P rs. ,_r,.i~l~:ri.,~z ti.n~I t..ut<a<<atr. a:- . ~~ ~~. ~ ~~~ t • ~.,. i t.i<it;i?,ot~.7~i: .'fze: For Immediate Release Contact: Kirsten Morell, 651-259-7161 May 21, 2009 Kirsten.Morellnstate.mn.us Unemployment Drops to 8.1 Percent Minnesota employers shed 9, S00 jobs in April ST. PAUL -The Minnesota unemployment rate dropped to a seasonally adjusted 8.1 percent in April, slightly below the 8.2 percent rate in March, according to figures released today by the Minnesota Department of Employment and Economic Development (DEED). The U.S. rate for April was 8.9 percent. State employers shed 9,500 jobs during the month, after a decline of 18,900 jobs in March. Over the past year, Minnesota has lost 90,200 or 3.3 percent of its jobs, compared with a loss nationwide of 5.2 million jobs or 3.8 percent. "This month's drop in the unemployment rate and the slowing rate of job loss are encouraging and maybe early signs that our economy is poised for recovery," said DEED Commissioner Dan McElroy. "But we remain concerned about the economy and expect continued challenges in the months ahead." Two sectors added jobs in Minnesota in April. Education and health services gained 4,700 jobs, while leisure and hospitality added 1,200 jobs. Job losses occurred in professional and business services (down 5,900), manufacturing (down 2,400), trade, transportation and utilities (down 2,000}, financial activities (down 2,000), construction (down 900), information (down 700), other services (down 600), government (down 500), and logging and mining (down 400). 05/21 /2009 Page 2 of 3 Over the past year, education and health services gained 19,800 jobs and government added 2,200 jobs. Job losses occurred over the past 12 months in professional and business services (down 33,500), manufacturing (down 30,800), trade, transportation and utilities (down 18,000), construction (down 16,200), leisure and hospitality (down 6,900), other services (down 2,400), financial activities (down 2,100), information (down 1,700) and logging and mining (down 500). In the state's Metropolitan Statistical Areas, over-the-year job losses occurred in the Minneapolis-St. Paul MSA (down 3.S percent), Duluth-Superior MSA (down 2.4 percent) and St. Cloud MSA (down 1.3 percent). The Rochester MSA held steady. Further details are available at www.PositivelyMinnesota.com . Seasonally adjusted Not seasonally adjusted Unemployment Rate April 2009 March 2009 Minnesota 8.1 8.2 U.S. 8.9 8.5 Employment April 2009 March 2009 April'08-April '09 Level Chan a April'08-April '09 Percent Chan e Minnesota 2,667,900 2,677,400 -90,200 -3.3 U.S. 132,414,000 132,953,000 -5,248,000 -3.8 Over The Year Em to ent Growth B Indus Sector SA OTY Job Chan e OTY Growth Rate % U.S. OTY Growth Rate Total Non-Farm Em to ent -90,200 -3.3 -3.8 Lo in and Minin -500 -9.1 -2.3 Construction -16,200 -15.9 -13.6 Manufacturin -30,800 -9.2 -10.7 Trade, Trans. and Utilities -18,000 -3.5 -4.7 Information -1,700 -3.0 -4.2 Financial Activities -2;100 -1.2 -4.8 Prof. & Business Services -33,500 -10.3 -6.4 Ed. and Health Services 19,800 4.5 2.2 Leisure and Hos itali -6,900 -2.9 -2.7 Other Services -2,400 -2.1 -2.3 Government 2,200 0.5 0.7 OTY Employment ~ OTY Employment 05/21/2009 Page 3 of 3 Metro olitan Statistical Area Chan e # NSA Chan e % NSA Minnea olis-St. Paul MN-WI MSA -62,500 -3.5 Duluth-Su erior MN -WI MSA -3,200 -2.4 Rochester MSA -10 0.0 St. Cloud MSA -1,300 -1.3 Mankato-North Mankato MSA Data available in 2010 Notes: • All labor force data are subject to revision. • The unemployment rate is the percentage of people actively seeking work compared with those in the labor force (employed plus unemployed). -30- Upon request, the information in this news release is available in an alternative format such as Braille, large print, audiotape or computer disk. this message was sent to Jolson@ciJakeviile.mn.us by: MN Department of Employment & Ecanamic Devel+apment (monte.hansonCa~state.mn.us) 332 Minnesota Street Suite E200 St. Paul, MN 55101-1351 ®800-657-3858 Subscribe • Unsubscribe 05/21 /2009