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HomeMy WebLinkAbout2010/05/10 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA MAY 10, 2010 Box lunches available starting at 5:45 p.m. 6:00 p.m. LOCAL BOARD OF APPEAL AND EQUALIZATION - Council Chambers 7:00 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 7:00 p.m. Hoigaard Village Project and Redevelopment Contract Update – EDA Discussion 2. 7:45 p.m. Updated Business Terms for Redevelopment Contract with Greco Development (Wooddale Pointe project) – EDA Discussion 3. 8:15 p.m. Cedar Knoll Dog Park 4. 8:45 p.m. Council Policy Discussion -Environmental Stewardship - Councilmembers Sanger and Mavity 5. 9:15 p.m. Future Study Session Agenda Planning – May 17 and May 24 6. 9:30 p.m. Communications (Verbal) Written Reports 7. Potential EDA acquisition of 7015 Walker Street (former Reynolds Welding Supply Building) 8. Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II 9. Proposed Housekeeping Amendments regarding Staff Positions and Municipal Elections 10. City Council Bike Ride 11. Fire Stations Project Update 12. Reilly Site – Update on the Proposed Soil Vapor Gas Study 9:35 p.m. Adjourn Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924- 2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. 2010 Local Board of Appeal and Equalization Reconvene – May 10, 2010 City Council Chambers 6:00 p.m. AGENDA 1. Reconvene the St. Louis Park Local Board of Appeal and Equalization 2. Roll Call – Declaration of Quorum 3. Acknowledgement of Trained Members 4. Review of Properties in Appeal a. Board Action Where Petitioner Has Denied Access or Withdrawn b. Board Action Where Petitioner & Assessor Are in Agreement c. Board Action Where Petitioner & Assessor are Not in Agreement 6. Instruct Assessor to Complete Record of Changes for Submittal 7. Complete the Local Board of Appeal and Equalization Certification Form 8. Adjourn Reconvene Meeting of 10 May 2010 Page 2 Subject: 2010 Local Board of Appeal and Equalization 2010 St. Louis Park Local Board of Appeal and Equalization All property owners are entitled to the right of appeal regarding their classification and market value. The City is required by statute to conduct a Local Board of Appeal and Equalization meeting to hear appeals, an open book meeting or transfer the Board to the County. The focus of the board is on: the property classification which is determined by the property’s use; and, the market value which is based on a) the characteristics of the real estate and b) market conditions as of the date of the assessment (January 2, 2010). Minnesota statute requires that all properties are to be valued at full market value. Focal Points for the Board. Agenda as Indicated on Cover Sheet, decisions on: 1. Board Action affirming No Change in Value – for cases where the petitioner has withdrawn or denied access. 2. Board Action affirming agreed upon Valuation Change – for cases where the owner and assessing staff have reached mutual agreement. 3. Board Action deciding the classification and/or valuation of properties where agreement between the owner and assessing staff has not been reached. BACKGROUND: The Board convened on April 26, 2010 at which time a total of twelve (12) parcels were recognized to be under appeal. The Board set the process and chose to reconvene May 10, 2010 at which time the merit of each appeal will be decided. A few housekeeping observations are made for the reference of the board. One trained and certified Board member (either Paul Omodt or Sue Santa) must be present at each meeting. It is essential that the Board rules on each question before it and likewise that the Board recognizes that it can reduce, sustain or increase valuations as deemed necessary. The time window for the board to conclude business is 20 days after convening (deadline is May 15, 2010). Prior to adjourning the board should instruct the assessor to submit a record of their actions on the Department of Revenue required form (item 6 on agenda). Finally, a Local Board of Appeal Certification Form must be signed at each Board meeting by all Board members present. The Local Board process depends on active participation from all parties involved including the board members, the property owner and assessing staff. All property owners are requested to complete a form stating their basis of appeal, their estimate of the market value and informed that they may present information supporting their opinion of value and/or classification. The assessing staff in turn re-inspects the properties in order to verify the physical characteristics forming our analysis basis and to re-appraise the properties. Staff also engages the owner in discussion to review the appeal question(s) and to reach agreement where possible before the board reconvenes. The assessing staff does not define the market. Our function is to reflect the market for each parcel within our community. There are variations from neighborhood to neighborhood and for properties within each neighborhood. These differentials are assessed for each property to reflect the competitive market for differences in location, age, style, finish, updating, etc. depending on the information available. When requested, we have re-inspected properties to review the accuracy of our data. Adjustments have been made where necessary and the appeal process has been explained. Reconvene Meeting of 10 May 2010 Page 3 Subject: 2010 Local Board of Appeal and Equalization Status report for the twelve (12) appeals of record (as of Wednesday May 5th): Two (2) appeals have been withdrawn. One (1) property owner has not allowed inspection. The right of withdrawal or to deny access is at the owner’s discretion and no further response has been taken. It is requested that the Board take action affirming no change to the assessed market value and classification for these properties as of January 2, 2010. Two (2) appeals have been reviewed with the result that assessing staff and the petitioner have reached a mutually acceptable valuation. For this group of appeals, it is requested that the Board take action affirming the resolved valuation (no classification change). Two (2) appeals have been reviewed but have not been resolved to a mutual agreement between the property owner and assessing staff. It is requested that the Board hear and decide the merits of each case. We have indicated to each petitioner that the Board will generally allow 5-10 minutes for their presentation followed by a 3-5 minute presentation by the assessing staff. The Board may adjust these time allowances as needed. Five (5) properties are scheduled for inspection on Wednesday (5th) or Thursday (6th). These appeals remain unresolved at this time due to owner requested delay in scheduling. The assessing staff will be completing the revaluation analyses by noon Friday and engaging in discussion with the property owner to reach a mutually acceptable resolution. In the event that the appeals cannot be resolved, some or all properties in this group will need the Board to hear and decide the merits of each case. NOTE: To allow for staff to meet with properties listed above, the assessing staff report with final details on the properties will be delivered to the Board later Friday afternoon (5/7/10). Prepared by: Cory Bultema, City Assessor Reveiwed by: Nancy Gohman, Deputy City Manager/HR Director Meeting Date: May 10, 2010 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Hoigaard Village Project and Redevelopment Contract Update. RECOMMENDED ACTION: None. POLICY CONSIDERATION: The purpose of this agenda item is to provide the EDA with an update on the Hoigaard Village project and an opportunity to ask specific questions of the Redeveloper, Mr. Frank Dunbar, relative to the project and its refinancing. BACKGROUND: At a special EDA meeting on April 26, 2010 the existing taxable Tax Increment Finance (TIF) notes for the Hoigaard Village project were extended 60 days to facilitate the Redeveloper’s efforts to refinance the project. These short-term notes were issued in 2006 and 2007 to be in place until construction was completed on components of the project. Now that over three quarters of the project has been completed the Redeveloper is now ready to put long-term TIF notes in place. The purpose of this agenda item is to give the EDA an opportunity to discuss the project’s status and ask questions prior to issuance of the long-term TIF notes at the upcoming May 17th meeting. Since the original TIF notes were issued economic conditions have changed dramatically especially within the condominium market. This has slowed completion of Hoigaard Village and lead to rental of the Harmony Vista units rather than sales. The EDA’s consultants and the Redeveloper will be in attendance to answer questions. The EDA’s Amended Redevelopment Contract with Union Land II LLC requires the Redeveloper to report to the EDA each year regarding the status of its Hoigaard Village project. In compliance with this obligation the Redeveloper will provide a project update at the study session. Project Recap In 2006 Union Land II LLC led by Dunbar Development (Redeveloper) acquired 6 parcels (generally at the northwest corner of 36th Street and Highway 100); most notably the former Hoigaards sporting goods store site. When combined these parcels created a 9.6-acre redevelopment site. The Redeveloper removed the former structures, remediated the contaminated soils on the site and installed new utility and street improvements. In their place, the Redeveloper planned to construct a two-phase, four-stage, mixed use redevelopment called “Hoigaard Village”. Meeting of May 10, 2010 (Item No. 1) Page 2 Subject: Hoigaard Village Project Update Phase I was to have two stages and was to be constructed along the north side of 36th Street between Xenwood and Webster Avenues. Stage 1 was to consist of a five story, vertical mixed use building (“Harmony Vista”) that faced 36th Street. The building was to have approximately 25,000 square feet of commercial space on the ground floor and a total of 74 condominium units on the upper four floors. Current Status: Harmony Vista was completed in 2008. The retail portion was sold to another private group who has leased approximately 45% of the space. The group is currently in discussion with several other retail uses. As for the housing units, the recent recession resulted in a severe market decline in condominium sales. Therefore in order to keep the building from being dark the Redeveloper was allowed to lease the units until such time the market recovers. Currently the building is over 90% leased. Stage 2, to be built on the same block as Harmony Vista but directly behind along 35th Street, was to consist of a 58 unit condominium building called “The Adagio” with below ground parking. Current Status: The Adagio site is cleared and ready for development (“pad-ready”) but construction has not commenced due to adverse market conditions. Last year, the Redeveloper received interest from Volunteers of America to build an independent senior facility on this site however that interest has subsequently stalled. Phase II was also to have two stages, and was to be constructed on the north half of the site. Stage 3, built along the north side of 35th Street between Xenwood and Webster Avenues, was to include 22 rowhouses called “Medley Row” with below ground parking. Current Status: The Medley Row site is “pad-ready” but construction has not commenced due to adverse market conditions. Stage 4, at the far north end of the redevelopment site, was to include a 220-unit, luxury apartment building called “The Camerata”. Current Status: The Camerata was completed in 2007 and the building is over 90% leased. Project Overview: As envisioned, Hoigaard Village was to have a total of 374 housing units (132 condominium units, 22 townhouse units, and 220 apartment units) and 25,000 square feet of commercial space. In addition, a central green and a regional stormwater pond were to be incorporated into the project site to serve the northern portion of the Elmwood neighborhood. Overall Project Status: To date, all the required property acquisitions, building demolitions, and various public improvements have been completed. 78% of the housing units have been constructed along with the regional pond and a central green which includes outdoor art. Meeting of May 10, 2010 (Item No. 1) Page 3 Subject: Hoigaard Village Project Update Redevelopment Contract Recap On March 6, 2006 the EDA entered into a Redevelopment Contract with Union Land II to facilitate the Hoigaard Village project. Within that Contract the EDA agreed to provide up to $5 million in Tax Increment Financing (TIF) assistance to reimburse the Redeveloper for certain “Public Redevelopment Costs” incurred in connection with the redevelopment of the site. These included: • Building demolition • Soil remediation • Site preparation • Stormwater pond construction (75% of the total cost) • Utility upgrades • Curb, gutter, sidewalks • Landscaping • Lighting On July 10, 2006, a First Amendment to the Redevelopment Contract with Union Land II LLC was approved which made five clarifications to the original Contract. On March 5, 2007, a Second Amendment was approved which revised the commencement and completion dates for three of the project’s four Stages. However, due to a more aggressive construction schedule, the final completion date for the entire project was moved forward four months from December 31, 2008 to August 30, 2008. On April 28, 2008, a Third Amendment was approved which revised the commencement dates and completion for three of the project’s four Stages and provided the Redeveloper with an additional $200,000 in tax increment financing to partially offset greater than anticipated environmental remediation costs. On August 17, 2009, a Fourth Amendment was approved which revised the commencement and completion dates for Phase 1 Stage 2 (the 58 unit condominium building called “The Adagio”) and Phase II Stage 3 (the 22 rowhomes called “Medley Row”) due to adverse economic conditions within the housing market. Thus, the required commencement dates for both stages were extended to October 1, 2010 and their required completion dates were likewise extended to Dec 31, 2011. Pursuant to the Contract, the EDA issued and sold its $1,663,000 Taxable TIF Note, Series 2006A for the Phase I portion of the project (Harmony Vista) and its $2,540,000 Taxable TIF Note, Series 2007A for the Phase II portion of the project (Camerata Apartments). The notes were issued with a taxable interest rate of 7.25%, had maturity dates of February 1, 2010 and February 1, 2011 respectively and were secured by the pledge of 95% of the tax increment generated from all parcels located within the project area as defined in the Contract (whether developed upon or not). On February 1 and again on April 26, 2010 the EDA approved extensions related to the maturity date of the Series 2006A Taxable TIF Note, so as to aid the Redeveloper’s efforts to refinance the project. Such extensions did not alter the Redeveloper’s obligations under the Contract and all other terms of the previously approved TIF Note remained the same. Meeting of May 10, 2010 (Item No. 1) Page 4 Subject: Hoigaard Village Project Update Pursuant to Section 7.4 of the Redevelopment Contract, the Redeveloper has approached the EDA to complete the tax exempt refinancing of the two existing taxable TIF notes. Issues to Consider 1. What has changed relative to the project since the EDA originally issued the taxable TIF revenue notes? Changes that are proposed or that have occurred to the project outlined in the following chart: The changes in value (Harmony Vista Condos and Camerata Apartments) are due to the overall downturn in the real estate market and the overall taxes paid are affected by the downturn in the condominium market and inability to sell units. The proposed changes in use (Adagio Condos to Apartments) are likewise a response due the downturn in the condominium market and inability to sell units. V alue Per Unit or Assessed Proposal Development # of Units or Sq/Ft Valuation Taxes to be Paid Retail 25,000 125$ 3,125,000$ 103,267$ Harmony Vista Condos 74 287,552$ 21,278,848$ 267,934$ Camerata Apartments 220 115,000$ 25,300,000$ 378,453$ Medley Row Town Homes 22 394,155$ 8,671,410$ 109,187$ Adagio Condos 58 304,590$ 17,666,220$ 222,709$ TOTAL N/A N/A 76,041,478$ 1,081,549$ Retail 25,000 150$ 3,759,700$ 125,418$ Harmony Vista Condos 74 145,175$ 10,742,940$ 136,710$ Camerata Apartments 220 108,000$ 23,760,000$ 368,709$ Medley Row Town Homes 22 380,000$ 8,360,000$ 104,062$ Adagio Apartments 98 115,000$ 11,270,000$ 170,662$ TOTAL N/A N/A 57,892,640$ 905,562$ Difference (18,148,838)$ (175,988)$ Original Actual 2. Why can’t the Redeveloper continue with the current financing structure? The current structure of the taxable TIF revenue notes now have maturity dates of July 1, 2010 and February 1, 2011 respectively and therefore need to be paid in full via a refinancing. It was anticipated when these revenue notes were issued in 2006 and 2007 that the EDA would do tax exempt “take out” financing as outlined in the Redevelopment Contract. The reason for the EDA agreeing to tax exempt financing is that it reduces the interest cost associated with the financing (7.25% vs. the proposed 5% rate). Also, under the taxable financing, the Redeveloper has personal guarantees for payments on the notes, which will go away when they are refinanced as tax exempt. 3. Why does it make sense for the EDA to agree to do the tax exempt take out financing? Tax exempt take out financing reduces interest costs to the project which means a greater likelihood that there will be sufficient TIF to repay the debt and payoff the obligation sooner. If the obligation is paid off sooner, the EDA can have the choice to use any future increment generated from the project to complete other redevelopment projects in the city (within pooling restrictions) or chose to decertify the district early. Meeting of May 10, 2010 (Item No. 1) Page 5 Subject: Hoigaard Village Project Update It should be noted that the tax exempt financing contemplated here will require 95 percent of the increment generated to pay off the obligation and that the entire term of the original district will be required (payment through February 1, 2023). The extended term of the district (7 years) that was approved through special legislation in 2009 is not pledged or available to pay debt service on this revenue note. 4. What are the terms of the take out financing and who is holding/purchasing the note? a. The amount of the tax exempt revenue note is approximately $4.3 million b. Interest rate is 5% c. Payments are due on August 1 and February 1 in the years 2010 through February 1 2023 d. There is no coverage on the note (since it is structured more like a Pay-As-You-Go TIF note, rather than a bond) e. There is a single investor that is purchasing the note, just like a Pay-As-You-Go TIF note. The investor is a partner in the development and has dollars to invest to at a lower rate of return to assure the project performs well enough to repay the debt obligation. In return for agreeing to a lower financing rate, the investor will receive the benefits of the tax exempt status of the note. f. Values for pay 2010 are based upon the Minimum Assessment Agreement in place as of January 2, 2009 g. Values for pay 2011 are based upon values discussed with the Assessor and reflect current market values for the developments that are constructed h. There is no inflation on value in years pay 2012 through pay 2013; and i. Starting with pay 2014 there is a .65% inflation built into the revenue generated 5. Does the EDA have the option of not approving the request? The Redeveloper is required to meet certain parameters under the Redevelopment Contract for the EDA to consider issuing take out financing. These conditions include: a. Redeveloper has secured a buyer(s) for the note(s) b. City Assessor “signing” off on the valuations proposed for sizing of the note(s) c. EDA approval of coverage on the note(s), subject to adjustment if market conditions permit less and the EDA approves d. EDA approval of underwriter and all underwriting terms and assumptions, provided that the EDA’s consent will not be unreasonably withheld e. Redeveloper has closed on its financing for Phase II of the Minimum Improvements (Camerata Apartments) The Redeveloper has met items (a) and (e) above and staff and consultants met with the City Assessor to assure compliance with (b). Staff and consultants are of the opinion that the underwriting criteria outlined in question #4 complies with items (c) and (d) above. It should be noted that typically on TIF revenue bonds the underwriters would require some coverage (110% to 125%). Since this is a revenue note, is structured more like a Pay-As- You-Go TIF note, and there is a single purchaser that is an investor in the developments, we are of the opinion that coverage is not necessary. Meeting of May 10, 2010 (Item No. 1) Page 6 Subject: Hoigaard Village Project Update As stated in the Contract, the EDA’s consent to the refinancing cannot be unreasonably withheld, if the Redeveloper has met the above conditions. The terms of the refinancing are reasonable due to market conditions. 6. What parcels comprise the TIF that is being pledged to the note? There are 254 parcels that are pledged to the repayment of the note. They are comprised of the 249 parcels for Harmony Vista Condominiums (units, parking and storage lockers), 1 parcel for the retail development (1st floor of HAmoney Vista and triangle parking lot), 2 parcels for the Camerata Apartments (building and stormwater pond), 1 parcel for the vacant land which the future Adagio Condos/Apartments will be constructed upon and 1 vacant parcel where the future Medley Row town homes will be constructed. 7. What happens when the undeveloped parcels are developed? Pursuant to the Redevelopment Contract, the Redeveloper has the ability to obtain up to $5.2 million in TIF from the project to offset qualified redevelopment costs. To date, with the two existing notes, the Redeveloper has utilized approximately $4.3 of this amount. The Redeveloper has the ability to request the EDA to issue an additional note(s) up to approximately $900,000, if the tax increment stream will support this amount. Any future TIF note(s) would be “sized” based upon number of units constructed on the two vacant parcels, the development timeframe and anticipated increment to be generated. In addition, these notes may only be able to be issued on a taxable basis due to timing of the initial expenditures (not eligible for tax exempt take out financing). 8. Will this refinancing require the EDA to incur any costs? No. The issuance of the tax exempt TIF revenue note will not require any cash payments from the City or EDA. All costs associated with the issuance (Kennedy & Graven, Ehlers and Dougherty) are paid from gross proceeds of the tax increment. Next Steps: The tax exempt TIF Notes will be prepared for EDA/City Council action at the May 17th meeting. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman ,EDA Deputy Executive Director and Deputy City Manager Meeting Date: May 10, 2010 Agenda Item #: 2 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Updated Business Terms for Redevelopment Contract with Greco Development (Wooddale Pointe project). RECOMMENDED ACTION: Staff would like to discuss and receive feedback from the EDA on the updated business terms that would be the basis for a new Redevelopment Contract with Greco Development related to its proposed Wooddale Pointe project. If it is the consensus of the EDA that the updated business terms outlined in the attached Summary are acceptable, the EDA will be asked to consider approval of an updated Redevelopment Contract at its June 7th meeting. POLICY CONSIDERATION: Does the EDA support the updated business terms proposed for inclusion within a new Redevelopment Contract with Greco Development to facilitate the Wooddale Pointe project? BACKGROUND AND PROJECT DESCRIPTION: Greco Development has an option agreement with The Rottlund Company to purchase the two vacant parcels (3601 Wooddale Avenue and 5810 37th Street West) at the southeast corner of 36th Street and Wooddale Avenue. This 2-acre redevelopment site is located directly across the street from the future Southwest Light Rail Transit (LRT) station. Upon purchase Greco is proposing to clean up the property and construct a five story, mixed use, senior residential housing complex. The building would include 115 senior rental units on the second through fifth floors (see proposed building rendering at the end of this document). SITE Meeting of May 10, 2010 (Item No. 2) Page 2 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) Wooddale Pointe would be an “age in place” facility, in which seniors would receive various levels of care as their health needs dictated. Health care services would range from medication monitoring to complete memory care. The advantage of this type of facility is that it allows couples and/or friends to remain together in the same building, even though their individual health care needs may be different. The facility will be managed by Ebenezer Management Services; a part of Fairview Health Services. Ebenezer Management Services manages a broad portfolio of senior properties in the Twin Cities and greater Minnesota. Managed properties include: senior condominiums and cooperatives; market-rate senior rentals; adult day centers; independent living, assisted living and memory care; skilled nursing facilities and quality affordable senior housing. The first floor of the project would be a combination of 10,000 SF of commercial space, and 6,000 SF of common area for the residents, guests, and neighborhood. The Redeveloper has a Letter of Intent (LOI) with a potential tenant that would lease 80% of the space. Also proposed on the redevelopment site is a public gathering area at the very corner of the 36th Street/Wooddale Avenue intersection. This corner plaza area or “pocket park” would feature benches, landscaping planters, and public art. Proposed parking for the project would include 69 underground stalls, 62 off-street parking stalls, and 16 on-street parking stalls for employees, guests, and commercial customers. Bike racks will also be integrated into the site furnishings and the building so as to make it easier for employees, retail customers, and visitors to arrive by bicycle. The Redeveloper also plans to seek LEED certification for the project. Construction on the proposed project is expected to commence by September 1, 2010 and be completed by February 1, 2012. Representatives of Greco Development, the Elmwood neighborhood and the City/EDA have worked collaboratively to develop a master plan for the subject redevelopment area that features: ¾ An attractive building with upscale image ¾ Urban design with distinctive architecture and human scale ¾ Mixed use –residential & neighborhood commercial ¾ Pedestrian friendly & transit accommodating design ¾ Functional and attractive gathering space that includes public art ¾ Surface and underground parking Greco’s proposed project incorporates many principles of Livable Communities, Transit Oriented Development and sustainable design. Upon completion, Wooddale Pointe is expected to present a highly attractive, quality image at one of the city’s key intersections and future LRT stops. Property Value The subject site (consisting of two parcels) currently has a total market value of approximately $1.6 million. The market value of the site upon redevelopment is estimated at approximately $13.65 million. The property taxes payable in 2010 on these same properties are $45,439. Upon redevelopment, the site would generate an estimated $228,157 in property taxes. Meeting of May 10, 2010 (Item No. 2) Page 3 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) Job Creation Greco estimates that approximately 85 total jobs will be created between the commercial and residential portions of the project. Redevelopment Contract Update On April 20, 2009 the EDA approved a Contract for Private Redevelopment with Wooddale Catered Living LLC (Greco Development) related to the proposed Wooddale Pointe project. Since that time Greco has been seeking project financing with Oak Grove Capital and HUD. Such approvals have taken substantially longer to obtain than previously anticipated but Greco now estimates it should receive final HUD approval by the end of June with closing to occur in August. Since project financing was uncertain, Greco did not execute the previous Redevelopment Contract and a few things have changed in the interim that now require modification in the Contract. The most notable change is the requested amount of financial assistance. The Redevelopment Contract authorized up to $650,000 in tax increment assistance to the Redeveloper to offset some of the Public Redevelopment Costs associated with the proposed project site. The EDA additionally authorized the submittal of an application for a Transit Oriented Development (TOD) grant from Hennepin County to fund certain TOD related public improvements related to the subject property. The Redevelopment Contract stipulated that if such a grant was approved the maximum principal amount of the TIF Note would be decreased by the amount of the grant to reflect the benefit of the grant to the Redeveloper. The EDA was subsequently awarded a grant of $355,000, of which the EDA would retain $15,000 for administrative costs. Therefore the amount of TIF to be provided to the Redeveloper would have been reduced to $310,000 under the terms of the previous Contract. The goal was to save as much increment from the Wooddale Pointe project for other purposes within the Elmwood Village TIF District; most notably the Hwy 7/Wooddale interchange. Redeveloper’s Revised TIF Request Since the Redevelopment Contract was approved, Greco secured a tenant for the first floor commercial space and bid the project out. Unfortunately construction and financing costs (including tenant improvements) came in about $430,000 higher than previously estimated. In addition, Oak Grove Capital and HUD increased their equity requirements to secure financing which meant Greco had to increase its investment in the project by $2.4 million. These resulted in a larger financial gap in Greco’s project proforma. Greco has therefore requested that the EDA help fill a portion of the gap and a proposed $180,000 in additional TIF was negotiated. This would bring the total amount of TIF in the project to $490,000. When the EDA approved the Redevelopment Contract last year, it was anticipated that if the entire $650,000 in TIF was needed it would take approximately seven (7) years to pay the obligation. If that amount was reduced to $310,000 based upon receipt of the grant, it would take approximately 3 ½ years to pay the obligation. Based upon the updated request of a total of $490,000 in TIF, it is now estimated that it will take approximately five (5) years to pay the obligation. Meeting of May 10, 2010 (Item No. 2) Page 4 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) Ehlers & Associates, reviewed Greco Development’s revised project proforma in order to determine whether the increased level of TIF assistance was warranted. Ehlers analyzed the latest proforma in comparison with general industry standards for land price, construction costs, lease rates, return on equity/profit, various fees, etc. Ehlers confirmed that Greco’s updated cost and revenue assumptions are reasonable and appropriate. In addition, the projected market values per square foot in the project have been reviewed by the City’s Assessor who concurs they are still within appropriate market ranges. Through its analysis, Ehlers verified the financial gap in the Redeveloper’s project proforma has increased and that the project is not feasible without $490,000 in TIF assistance. Such assistance would reimburse the Redeveloper for a portion of the costs associated with contamination remediation, site preparation, and underground structured parking. Ehlers concluded that Greco’s revised tax increment request was considered reasonable given the complexity, quality, projected total value, and other residual economic benefits derived from the proposed redevelopment. The EDA’s participation would leverage approximately $13.6 million in new market value. The requested amount of financial assistance, as a percentage of total project value, is less than 4%. This is consistent with the level of assistance provided by the EDA to other redevelopment projects. The proposed TIF Note would be “pay-as-you-go” which is the desired financing method under the EDA's TIF Policy. Fiscal Disparities would be taken from inside the district which is likewise consistent with the EDA’s TIF Policy. The Note would be issued in the maximum aggregate principal amount of $490,000 upon satisfactory written evidence that the above qualified costs were incurred. The Note would bear interest at a rate of approximately 6.5%. It is estimated that financial obligations to the Redeveloper would be satisfied within approximately five (5) years after project completion. That assumes fiscal disparities are taken from within the district (as per EDA policy), a 5% EDA administrative fee from the TIF generated by the project, and no inflation. Tax increment needed to facilitate the proposed project would be derived from the existing Elmwood TIF District. TIF Lookback As with other projects involving TIF, the proposed Redevelopment Contract with Greco contains a “Lookback” provision. The EDA will perform a “lookback” calculation on the earliest of (i) the date when 95% of the Apartments are leased; (ii) the date of any Transfer in whole or in part of the Apartments; or (iii) three years after the date of issuance of the Certificate of Completion for the project. The Redeveloper must submit evidence of its actual annualized cumulative internal rate of return (the “IRR”) from the apartments, calculated as of the applicable Lookback Date, along with the estimated annualized cumulative IRR from the Apartments assuming a sale in the tenth year after the date of issuance of the Certificate of Completion for the Apartments. The amount by which the IRR exceeds 20% (annual cash-on-cash return of 10% and 10% from net sale proceeds) is considered Excess Income. If the EDA determines that there is Excess Income, it will apply fifty percent (50%) of that amount toward prepayment of the outstanding principal amount of the Notes. Meeting of May 10, 2010 (Item No. 2) Page 5 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) REDEVELOPMENT CONTRACT: A list of the updated business terms related to a Redevelopment Contract with Greco Development (Wooddale Pointe Catered Living LLC) is attached for review and discussion. The terms are consistent with previous redevelopment projects. If these terms are generally acceptable the EDA will be asked to consider formal approval of the resulting Redevelopment Contract at its upcoming June 7th meeting. Business Subsidy Neither the grant nor the tax increment assistance provided to the Redeveloper under the Agreement constitute a “business subsidy” under the Business Subsidy Act (Section 116J.993 to 116J.995) because this is a redevelopment where “the recipient’s investment in the purchase of the site and in site preparation is 70% or more of the assessor’s current year’s estimated market value”. Summary The proposed Wooddale Pointe project has numerous benefits over the current land use. Most notably, the density of the proposed project would result in a substantial increase in the market value for the site and hence a greater property tax yield. Visually, it would aesthetically enhance a key intersection in the city that is directly across the street from the future light rail station. Additionally it would provide an opportunity for 115 senior assisted living apartments, neighborhood commercial businesses, a public gathering place and public art. The proposed project conforms to the criteria outlined in the EDA’s TIF Policy for the provision of tax increment. The purpose for providing the proposed tax increment is to preserve and enhance the tax base, remediate contamination, redevelop a substandard area, and provide an impetus for mixed use development which is desirable for increased population and life-cycle housing within the city. FINANCIAL OR BUDGET CONSIDERATION: It is proposed that $490,000 in tax increment be provided to Wooddale Catered Living LLC in order to offset some of the Public Redevelopment Costs associated with the proposed Wooddale Pointe redevelopment enabling the project to move forward. VISION CONSIDERATION: This project supports the Strategic Directions of providing a well-maintained and diverse housing stock, being a connected and engaged community, as well as promoting and integrating arts and community aesthetics in all city initiatives where appropriate. Attachments: Updated Business Terms for Contract for Private Redevelopment with Wooddale Pointe Catered Living LLC Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, Deputy EDA Executive Director and Deputy City Manager Meeting of May 10, 2010 (Item No. 2) Page 6 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) DRAFT May 10, 2010 Updated Business Terms Redevelopment Contract between City of St. Louis Park, St. Louis Park Economic Development Authority (EDA) Wooddale Catered Living LLC (Greco Development) The Wooddale Pointe Southeast corner of 36th Street and Wooddale Avenue St. Louis Park, MN Meeting of May 10, 2010 (Item No. 2) Page 7 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) SUMMARY OF THE UPDATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE ST. LOUIS PARK ECONOMIC DEVELOPMENT AUTHORITY AND WOODDALE CATERED LIVING, LLC The following is summary of the updated Contract for Private Redevelopment (“Contract”) between the St. Louis Park Economic Development Authority (“EDA”) and Wooddale Catered Living, LLC (“Redeveloper”) for “The Wooddale Pointe” mixed use building to be constructed at the SE quadrant of 36th Street & Wooddale Ave., St. Louis Park. 1. All parties agree that the Redeveloper will be solely responsible for the acquisition of the subject two parcels that constitute the Redevelopment Property (Exhibit A) and that the City/EDA has no obligation to acquire the Redevelopment Property. 2. Redeveloper agrees to hold the EDA and the City harmless from any claim arising out of the presence of any hazardous wastes or pollutants existing on or in the Redevelopment Property. 3. Redeveloper agrees to submit a Voluntary Response Action plan to the MPCA and obtain all necessary approvals to properly remediate the subject property so as to allow for the construction of the Minimum Improvements. 4. Redeveloper agrees that it will pay the reasonable costs of consultants and attorneys retained by the EDA in connection with the creation of the TIF District and the negotiation in preparation of the Contract and other incidental agreements and documents related to the development contemplated hereunder. Upon termination of the Contract, the Redeveloper remains obligated for costs incurred through the effective date of termination. 5. The Redeveloper must remediate the contaminated soils on the Redevelopment Property in compliance with MPCA requirements. The Redeveloper also agrees to prepare plans and specifications for and construct all street, sanitary and storm sewer improvements; sidewalks; landscaping; and other related amenities and utility work related to the proposed Minimum Improvements. 6. Before commencing such construction, the Redeveloper must submit plans and specifications regarding the Minimum Improvements for approval by the City. Plans related to the soil remediation however do not require approval by the City. All work on the Minimum Improvements shall be in accordance with the approved construction plans and shall comply with all City requirements regarding such improvements. The parties agree and understand that the City will accept the Improvements in accordance with City procedures. 7. Redeveloper agrees to undertake the “Minimum Improvements” as shown in the Master Site Plan (Exhibit B). In summary, the Redeveloper agrees to purchase the subject two parcels, remediate the soils, construct a five story, mixed use building consisting of approximately 115 age restricted apartments, approximately 16,000 square feet of ground floor commercial space, as well as necessary underground and surface parking along with all associated infrastructure, sidewalks, landscaping and corner plaza. Meeting of May 10, 2010 (Item No. 2) Page 8 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) 8. The Redeveloper shall construct an outdoor Plaza as depicted in the Site Plan for the use and enjoyment of residents and invitees of the Minimum Improvements and members of the general public. The Plaza shall incorporate amenities to be mutually agreed upon by the City and Redeveloper, and which may include public art, street furnishings or landscaping, and or decorative lighting elements. The parties agree that the City shall be responsible for the cost of any maintenance and repair of the public art. The Redeveloper shall be allowed to perform these same duties if the EDA fails to do so after the appropriate notice and cure opportunity and to be reimbursed its costs and expenses. 9. Subject to Unavoidable Delays, the Redeveloper agrees to commence construction on the Minimum Improvements by September 1, 2010 and complete construction of the same by March 1, 2012. 10. The Redeveloper is initially responsible for: all Public Redevelopment Costs. All Public Redevelopment Costs are Redeveloper’s initial responsibility and are subject to reimbursement through tax increment financing. 11. The EDA agrees to disburse proceeds of the Hennepin County Transit Oriented Development grant it obtained (totaling $355,000) to Redeveloper, minus the $15,975 Application Fee paid by the EDA to Hennepin County, for specified pedestrian improvements associated with the Minimum Improvements in accordance with the EDA’s grant agreement with the agency. In order to reimburse the EDA for its Application Fee the EDA will retain the first $15,975 worth of qualified reimbursement costs due Redeveloper from Hennepin County. 12. In order to offset the Public Redevelopment Costs incurred by the Redeveloper associated with the subject property (contamination clean up, site preparation and underground structed parking), the EDA agrees to issue a pay-as-you-go TIF Note in the maximum principal amount of $490,000. Tax Increment is to be generated by the proposed Minimum Improvements located within the existing Elmwood Village Tax Increment Financing District. 13. The tax increment from the Renewal & Renovation TIF District will be payable to Redeveloper in the form of a single “TIF Note”, which would be structured on the following basis: ¾ Issue total: Up to $490,000 ¾ Type: Pay-as-you-go ¾ Term: Up to 5 years ¾ Interest Rate: Approx 6.5% ¾ Admin Fee: 5% ¾ Fiscal Disparities: Paid from within the district 14. Lookback Provision: The EDA will perform a “lookback” calculation on the earliest of (i) the date when 95% of the Apartments are leased; (ii) the date of any Transfer in whole or in part of the Apartments; or (iii) three years after the date of issuance of the Certificate of Completion for the project. The Redeveloper must submit evidence of its actual annualized cumulative internal rate of return (the “IRR”) from the Apartments, calculated as of the applicable Lookback Date, along with the Meeting of May 10, 2010 (Item No. 2) Page 9 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) estimated annualized cumulative IRR from the Apartments assuming a sale in the tenth year after the date of issuance of the Certificate of Completion for the Apartments. The amount by which the IRR exceeds twenty percent (20%) is considered Excess Income. If the EDA determines that there is Excess Income, it will apply fifty percent (50%) of that amount toward prepayment of the outstanding principal amount of the Notes. 15. Both parties agree that any assistance provided to the Redeveloper under this Agreement is not a “business subsidy” under Minnesota Statutes, Section 116J.993, subd. 3 because the assistance is for redevelopment. 16. If Redeveloper requires mortgage financing for the development of the Project, the EDA agrees to subordinate its rights under the Agreement to the Holder of any Mortgage securing construction or permanent financing, in accordance with the terms of a mutually-approved subordination agreement. 17. Redeveloper agrees that the EDA and the City will not be held liable for any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Redevelopment Property or the Minimum Improvements. 18. The parties agree that the Redeveloper shall be responsible for all maintenance (including snow and ice removal) and repair costs associated with the Redeveloper Public Improvements on the Redevelopment Property (“Maintenance Costs”) including: • Private streets, alleys, driveways, service drives, surface parking stalls and parking lots. • Boulevards (excluding public street right of ways) • Parking structures • Sidewalks • Public plaza • Landscaping Redeveloper agrees to keep the above Redeveloper Public Improvements in good condition and is resposibile for all repairs of same. Redeveloper shall not be responsible for the maitenance and repair of those public improvements typically maintained by the city’s Special Sercvice District 19. Redeveloper agrees to participate in the special service district for the continued maintenance of the streetscaping along the 36th Street right of way. 20. By no later than December 31, 2011, the Redeveloper shall submit to the EDA for review and approval a plan for maintenance and operation of all pedestrian and landscaping improvements located within the Redevelopment Property. The Maintenance Plan must address, at a minimum: snow removal from pedestrian connections and sidewalks; maintenance and replacement of landscaping, irrigation and other streetscaping; snow removal and maintenance of any surface parking and parking lots; and maintenance of the Plaza, but excluding maintenance covered by the City’s Special Service District, a description of how the Maintenance costs will be assessed to tenants; and enforcement mechanisms. Meeting of May 10, 2010 (Item No. 2) Page 10 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) If the Redeveloper fails to perform the Maintenance in accordance with the Maintenance Plan, the EDA, at its option and following thirty (30) days written notice to the Redeveloper, may enter the Redevelopment property and perform the Maintenance. The Redeveloper agrees to permit the City to specially assess any costs of the Maintenance proportionately against the Minimum Improvements. 21. Upon satisfactory completion of the Minimum Improvements, the EDA will provide the Redeveloper with a Certificate of Completion which shall provide that the Redeveloper’s obligation to construct the Minimum Improvements pursuant to the Redevelopment Agreement is deemed satisfied. 22. Redeveloper agrees not to transfer the Redevelopment Agreement or the Redevelopment Property (except to an affiliate) prior to receiving a Certificate of Completion without the prior written consent of the EDA, except for construction mortgage financing and/or permanent financing. The EDA's consent shall not be unreasonably withheld, conditioned or delayed. The EDA agrees to provide its consent or refusal to consent to Redeveloper in writing within 10 days after a request for such consent from Redeveloper. 23. The Redeveloper agrees to submit to the EDA written reports so as to allow the EDA to remain in compliance with reporting requirements under state statutes. The EDA will provide information to the Redeveloper regarding the required forms. 24. The Redeveloper agrees that no portion of the Redevelopment Property will be used for a sexually-oriented business as defined in City Code, Section 14:5-3(28), a pawnshop, a check- cashing business, payday loan agency, a tattoo business; or a gun business, and that such restrictions may be placed in the Redevelopment Deed. 25. The Redeveloper agrees not to discriminate upon the basis of race, color, creed, sex or national origin in the construction and maintenance of the Minimum Improvements and Public Improvements as well as lease, rental, use or occupancy of the Redevelopment Property or any improvements erected thereon. 26. Redeveloper acknowledges that the City/EDA makes no representations or warranties as to the condition of the soils on the Redevelopment Property or its fitness for construction of the Minimum Improvements. 27. Redeveloper, City and EDA agree to indemnify, defend and hold harmless each other and their officers, employees, and agents from and against all cost, loss, claim, damage or expense, including reasonable attorney fees, arising out of (i) any injury, property loss or damage whatsoever that results or arises from the undertakings of the Contract except to the extent such injury, loss or damage arises from the negligence of the Indemnified Parties; and (ii) any work performed for the benefit of the Redevelopment Property by a person or entity not a party to this Contract, except to the extent such claim arises from a party directly engaged by the Indemnified Parties. Meeting of May 10, 2010 (Item No. 2) Page 11 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) EXHIBIT A REDEVELOPMENT PROPERTY The subject Redevelopment Property includes all or portions of the following two (2) properties and as reflected in the Master Site Plan. PID: 1611721340027 City Address: 3601 WOODDALE AVE PID: 1611721340001 City Address: 5810 37th St W Meeting of May 10, 2010 (Item No. 2) Page 12 Subject: Updated Business Terms for Redevelopment Contract with Greco Dev (Wooddale Pointe project) EXHIBIT B Master Site Plan Meeting Date: May 10, 2010 Agenda Item #: 3 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Cedar Knoll Dog Park RECOMMENDED ACTION: No action at this time. The report is intended to provide information related to the dog park. Staff requests feedback from Council. POLICY CONSIDERATION: What additional steps should staff undertake to operate the off-leash dog park at Cedar Knoll Park? BACKGROUND: Task Force In 2004, the City Council appointed 11 people to a task force to review the creation of off-leash dog parks in the City of St. Louis Park. The task force, along with input from staff, toured and evaluated 14 potential sites in the City. The following criterion was considered when each site was evaluated: minimal sizes of one acre, varied terrain, adequate parking close to the site, easy street access, and (if possible) close to trails for walking dogs once they are on a leash. The task force met several times, created a survey, and participated in public meetings. After reviewing comments received from public meeting input, survey data and current users, the task force made the following recommendations: • Dakota Park is the number one choice for a permanent off-leash site to be opened. (The city currently operates an off-leash dog park at this site.) • A great location for an off-leash site would be at 40th and France. This site is owned by the City of Minneapolis. • If the city is unable to operate an off-leash area at 40th and France, a second permanent site would be at Cedar Knoll Park. (The city currently operates an off-leash dog park at this site.) Excess Land The land that is currently the Cedar Knoll off-leash dog park site was also considered excess public land and was studied as a part of that process. In 2005, the task force for excess public land made the following recommendation about this site in Resolution No. 05-168, item 4, Resolution Determining the Future Use of Certain Excess Public Lands: Parcel 12. If this parcel is not deemed by the City Council to be necessary for use as an off-leash dog park and retained in public ownership, then City staff is directed to seek development proposals and take the necessary steps to sell to a developer with demonstrated capability, the property located at 2601 Pennsylvania Avenue South; and identified as Parcel 12 for the purpose of developing up to four single family homes on the site. Potential buyers shall be made aware of train noise. Meeting of May 10, 2010 (Item No. 3) Page 2 Subject: Cedar Knoll Dog Park The neighborhood was informed that if the site was not developed as an off-leash dog park site, it would be developed as single family homes. When presented with the option, the neighborhood said they would rather have an off-leash site that utilizes only a portion of the city property. Recent Improvements to the Off-leash Dog Park At the request of a neighboring resident, staff has made several changes to the Cedar Knoll off-leash site which include: • The entrance gate at the Cedar Knoll site was moved to the east to shift users away from resident homes. • A berm with plantings was created as a natural fence at the Cedar Knoll site. The berm is 4 to 5 feet high with plantings for an additional 3 to 4 feet that will continue grow higher and wider. The plantings include dog woods, spruce trees and arborvitae. • New signage (in addition to the typical signs found at off-leash sites) was installed to encourage dog park users to be courteous of the adjoining property owners at near the dog park. Additional Requests by a Resident to Construct a Fence The same resident who requested the improvements listed above has questioned the zoning of the property at Cedar Knoll Park. In checking with Community Development Department, the Off- Leash Dog Park is an acceptable use zoning use at the location based on city codes. This resident has also requested that a wooden fence be constructed along the north border of the off-leash dog park. Staff is limited to constructing a 6 feet high fence without requesting a variance. Staff will need to review the fencing option based on city code, setback and cost. Fencing is not included in our budget at this time. The following cost estimates are dependent on design: • 100’ of 6’ high cedar privacy fence = $2,500.00 • 100’ of 8’ high cedar privacy fence = $5,000.00 (includes engineering fee) FINANCIAL OR BUDGET CONSIDERATION: The creation of a fence would cost between $2,500 and $5,000 which is not included in the 2010 budget. A fence could be viewed as a capital expense and could potentially be paid for using money from the Park Improvement Fund. VISION CONSIDERATION: Off-Leash Dog parks are part of our connected and engaged community. Attachments: Pictures of berm created at Cedar Knoll Park Off-Leash Dog Park Map showing City property and boundary of the Cedar Knoll Off-Leash Dog Park Prepared by: Cindy Walsh, Director of Parks and Recreation Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of May 10, 2010 (Item No. 3) Page 3 Subject: Cedar Knoll Dog Park Dog Park Area City propery line ¯ Carlson field Meeting of May 10, 2010 (Item No. 3) Subject:Cedar Knoll Dog Park Page 4 Meeting Date: May 10, 2010 Agenda Item #: 4 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Council Policy Discussion – Environmental Stewardship – Councilmembers Sanger and Mavity. RECOMMENDED ACTION: Councilmembers Sanger and Mavity have asked that this topic be placed on the agenda for a policy discussion. POLICY CONSIDERATION: Does the City Council wish to discuss this topic in greater detail at a future study session? BACKGROUND: Councilmembers Sanger and Mavity have requested that this matter be placed on the Study Session to allow them to discuss a policy question with the City Council regarding the City’s role with environmental stewardship as related to Vision St. Louis Park and the City Councils Strategic Direction related to the environment. FINANCIAL OR BUDGET CONSIDERATION: None at this time. VISION CONSIDERATION: One of the City Councils adopted Strategic Directions states that “St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business”. Attachments: Environmental Stewardship in St. Louis Park as prepared by Councilmembers Sanger and Mavity Prepared and Approved by: Tom Harmening, City Manager Meeting of May 10, 2010 (Item No. 4) Page 2 Subject: Council Policy Discussion – Environmental Stewardship ENVIRONMENTAL STEWARDSHIP IN ST. LOUIS PARK Goals: • Ensure that SLP continues to be a good steward of its’ natural resources and the environment • Ensure that SLP continuously explores proactive strategies and creates opportunities to protect existing natural resources • Ensure that SLP is a leader among peer communities in protection of natural resources • Ensure that SLP addresses gaps in current approach to environmental and natural resource protection • Provide opportunities and structure to ensure the implementation of the environmental priorities outlined in Vision SLP Current structure and processes: • Staff initiates selected projects which promote environmental sustainability and protection – i.e. green building ordinance, tree planting • Staff ensures that city complies with environmental regulations – i.e. wetland preservation • No one is specifically accountable for the inter-departmental “big picture” – to seek and advocate for multiple and ongoing opportunities to improve the city’s environmental stewardship, consistent with Vision SLP • There is no established entity or process for citizen input on environmental matters Objective: Develop process for ongoing assessment, consideration and recommendation to the city staff and Council of programs and practices to promote overall environmental stewardship and health, conservation and protection of natural resources, in areas including but not limited to: • Vegetation • Open space • Water resources – i.e. develop Minnehaha creek as community amenity • Community aesthetics • Recycling • Community development • Etc. Recommendation: Establish a time-limited resident task force to study and recommend: • An appropriate structure/entity/vehicle for ongoing citizen input and recommendations to staff and Council for implementation of Vision SLP (examples of possible outcomes: a new Commission, expanded scope and membership of existing Commission(s), proposed new ordinances, additional project approval processes, etc) • An appropriate mission statement for such entity, if such an entity is recommended • Key issues for further exploration Meeting Date: May 10, 2010 Agenda Item #: 5 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Future Study Session Agenda Planning – May 17 and May 24. RECOMMENDED ACTION: Council and the City Manager to set the agenda for the Special Study Session on May 17 and the regularly scheduled Study Session on May 24, 2010. In addition to looking at the May 17 and May 24 Study Session agendas, the City Manager would also like to outline for the Council other topics identified for future discussion by the Council as a means to understand the Council’s sense of order of priority for these items. POLICY CONSIDERATION: Does the Council agree with the agenda as proposed? BACKGROUND: At each study session, approximately five minutes are set aside to discuss the next study session agenda. For this purpose, attached please find the tentative agenda and proposed discussion items for the regularly scheduled study session on May 24, 2010. In addition, on occasion, special study sessions are required as is the case for May 17. For that reason, please find attached the tentative agenda and proposed discussion item scheduled for that date. In the past the City Council has also indentified various topics for further discussion that have not yet made it on a study session agenda. The City Manager would like to summarize these with the City Council at the meeting and get a sense of what the Council’s priorities might be in terms of the timing for discussing these items. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for May 17 and May 24, 2010 Prepared by: Nancy Stroth, City Clerk Approved by: Nancy Gohman, Deputy City Manager, HR Director Meeting of May 10, 2010 (Item No. 5) Page 2 Subject: Future Study Session Tentative Discussion Item Special Study Session, Monday, May 17, 2010 – 6:30 p.m. 1. Louisiana Court – Community Development (45 minutes) Staff will discuss with City Council the financial status and potential re-financing of Project for Pride in Living’s (PPL) Louisiana Court Development. End of Meeting: 7:15 p.m. Tentative Discussion Items Study Session, Monday, May 24, 2010 – 6:30 p.m. 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Update on Light Rail and Freight Rail Studies – Community Development (30 minutes) Staff will provide updates on the status of the various rail studies. 3. Review and Discuss Results of the City Council Workshop – Administration (45 minutes) This discussion will allow for a review of the results of the February City Council Workshop including City Council Norms and the Saturday Brainstorming session. 4. Communications – Administrative Services (5 minutes) Time for communications between staff and Council will be set aside on every study session agenda for the purposes of information sharing. Reports: ƒ April 2010 Monthly Financial Statements ƒ City/School Cable TV Operations Agreement End of Meeting: 7:55 p.m. Meeting Date: May 10, 2010 Agenda Item #: 6 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Communications (Verbal). RECOMMENDED ACTION: Not Applicable. POLICY CONSIDERATION: Not Applicable. BACKGROUND: At every Study Session, verbal communications will take place between staff and Council for the purpose of information sharing. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: May 10, 2010 Agenda Item #: 7 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Potential EDA acquisition of 7015 Walker Street (former Reynolds Welding Supply building). RECOMMENDED ACTION: City staff requests feedback on the EDA’s potential purchase of 7015 Walker Street. POLICY CONSIDERATION: Does the EDA wish to consider purchasing the subject property? BACKGROUND: The former Reynolds Welding Supply property is located in the Lenox Neighborhood at 7015 Walker Street. (between Highway 7 on the south and Walker Street on the north). It was recently vacated and the owner is motivated to sell it. The property is approximately ½ acre and is occupied by a building of less than 3,000 square feet. The structure was originally constructed in 1949 and expanded in 1979. Staff recently toured the building and confirmed that it is in as rough a shape on the inside as it is on the outside. A 2002 Phase I Environmental Site Assessment indicates that the plume of groundwater contamination associated with the Reilly Tar and Chemical Corporation which formerly operated in the area extends below the subject property. Meeting of May 10, 2010 (Item No. 7) Page 2 Subject: Potential EDA Acquisition of 7015 Walker Street Current Land Use The subject property is currently zoned and guided General Commercial (C2). Property Value The current assessed value of the subject property is $495,500. Most of the property’s value is in the land which is assessed at $404,000 or $20 per square foot due to the property’s highway visibility. Why Purchase the Subject Property? Due to the building’s condition and obsolescence staff believes that unless the site is cleared the likely future uses of the property will not be an asset to the community. The primary reason for acquisition would be blight removal along the highly visible Highway 7 corridor. In conformance with the Comprehensive Plan, the EDA has been actively redeveloping this corridor between Wooddale and Louisiana Avenues. Acquiring the subject property would be consistent with those efforts. A secondary reason for acquisition is that it may aid in the property assemblage for the future Highway 7/Louisiana interchange. The subject property could potentially be used for stormwater retention associated with the interchange and possibly the neighborhood to the north. If the EDA were to acquire the subject property, given its impacted condition, staff would seek MPCA approval to remove the building in such a manner as not to necessitate the cleanup of any contaminated soils beneath. A similar approach was recently taken with the former American Inn property. The EDA would then hold the property until the future use of the property became clear. Purchasing and clearing the property prevents the building from falling into further disrepair and becoming a blighting influence on the adjacent neighborhoods. It would also improve the property’s aesthetic appearance from the adjacent highway. Based upon review of comparable land sales information with the City Assessor the acquisition price of the subject property is very reasonable and below market. Terms of Acquisition Terms for a potential purchase agreement include the following: • Purchase price is approximately $295,000 or $14.53 a square foot. • Buyer’s purchase of the Property would be conditioned upon: 1. Seller’s ability to provide marketable title to the Property 2. Seller’s payment of any outstanding property taxes, assessments and penalties at Closing • Preparation of a Purchase Agreement acceptable to both parties. • Formal approval of the Purchase Agreement by the EDA. • Closing would occur no later than June 30th. The cost to demolish and remove the former building would be less than $100,000. This estimate includes utility disconnects but excludes any hazardous waste removal. Meeting of May 10, 2010 (Item No. 7) Page 3 Subject: Potential EDA Acquisition of 7015 Walker Street How would the property acquisition and ancillary costs be funded? Purchase of the subject property would be paid for through the Development Fund. Costs related to the building demolition would also be paid for through the Development Fund. Next Steps If the EDA is interested in acquiring the subject property staff will have an updated Phase I environmental assessment completed and a formal purchase agreement prepared. Such an agreement would subsequently be presented to the EDA for review and approval. Upon purchase, the EDA would enter the property in the MPCA’s VIC program so as to obtain a No Association Determination related to the groundwater contamination and other possible contaminants impacting the property. The EDA would also submit a Voluntary Remediation Action Plan (VRAP) for the removal of the building. Once the EDA received all the necessary approvals from the MPCA it would have the building removed. Current economic conditions may provide more opportunities for strategic property acquisitions in the near future. As these opportunities present themselves staff will bring them to the EDA’s attention for consideration. FINANCIAL OR BUDGET CONSIDERATION: The EDA is requested to consider the acquisition of 7015 Walker Street for $295,000. The EDA could incur addition costs related to building demolition and some environmental costs. VISION CONSIDERATION: This project supports the Strategic Directions of providing well-maintained [neighborhoods], being a connected and engaged community, as well as promoting community aesthetics. Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Nancy Gohman, EDA Deputy Executive Director & Deputy City Manager Meeting Date: May 10, 2010 Agenda Item #: 8 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II. RECOMMENDED ACTION: None at this time. This report is intended to update the City Council on a request from Groves Academy to refinance the private activity revenue bonds that were issued on July 15, 2009 for Phase I and issue debt for Phase II, which is the final phase. POLICY CONSIDERATION: Does the City Council wish to proceed with issuing the private activity revenue bonds as proposed? If so, proposed process is consistent with our approved policy for issuing private activity revenue bonds. BACKGROUND: Groves Academy is requesting that the City of St. Louis Park issue private activity revenue bonds for the purposes of refunding existing debt and financing the second and final phase of an expansion of their facilities. The principal amount of the Series 2010 bonds will be approximately $4,590,000. Groves Academy has completed the necessary planning and zoning processes to allow them to expand their campus. They will also be financing internal improvements to their facilities to enhance their educational operations. The synopsis of the process for issuing these bonds will include a public hearing which is proposed for the regular City Council meeting of June 7, 2010. After the public hearing has been closed, the City Council will be asked to consider a preliminary resolution authorizing issuance of the bonds through Wells Fargo Securities, LLC, who is operating as the placement agent for this transaction. If the City Council approves the preliminary resolution, then the City Council would be requested to consider a final resolution at the regular meeting of June 21, 2010 allowing the bonds to be issued on a date agreed upon by the parties. Attached is a description of the entire process as prepared by Kennedy & Graven for the Council’s review. FINANCIAL OR BUDGET CONSIDERATION: Groves Academy has provided the City with a new application, which is on file in the City Clerk’s office, along with the required fee of $2,500 in accordance with our policy. These bonds are not obligations of the city in any respect, but rather are payable solely from revenues of the Groves Academy. They will also pay a fee of 1/8th of one percent in two semi-annual payments to the City on based on the amount of bonds outstanding each year. These monies will be deposited in the City’s Housing Rehabilitation fund. Meeting of May 10, 2010 (Item No. 8) Page 2 Subject: Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II VISION CONSIDERATION: By working with other entities such as Groves Academy, the City of St. Louis Park is demonstrating its commitment to being a connected and engaged community. Attachment: Description of the project and timeline from Kennedy & Graven Prepared by: Brian A. Swanson, Controller Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of May 10, 2010 (Item No. 8) Subject: Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II Page 3 Meeting of May 10, 2010 (Item No. 8) Subject: Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II Page 4 Meeting of May 10, 2010 (Item No. 8) Subject: Groves Academy Private Activity Revenue Bonds Refinancing for Phase I and Debt Issuance for Phase II Page 5 Meeting Date: May 10, 2010 Agenda Item #: 9 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Proposed Housekeeping Amendments regarding staff positions and municipal elections. RECOMMENDED ACTION: None required at this time. This report serves as official notice to Council that the Charter Commission, at their March 10th and April 14th, 2010, unanimously recommended that the City Council amend Sections 4.03, 4.06, 6.09. 6.10 of the City Charter. POLICY CONSIDERATION: Does the City Council wish to amend Sections 4.03, 4.06, 6.09, 6.10 of the St. Louis Park City Charter regarding staff positions and municipal election housekeeping changes, as recommended by the Charter Commission? Does the City Council wish to amend Sections 2-350, 2-351, 18-203, 32-34, 32-99 of the St. Louis Park City Code regarding staff position housekeeping changes? BACKGROUND: With the recent adoption of 2010 state legislative election laws and changes to city staff positions, housekeeping amendments to the St. Louis Park City Charter and City Code of Ordinances are necessary for consistency. Draft ordinances are attached to this report. The City Charter and City Code housekeeping amendments are as follows: City Charter Housekeeping Amendments Minnesota Statute § 410.12, Subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a charter amendment by ordinance. The ordinance is enacted if it receives a unanimous vote of the entire city council. At the Charter Commission meetings on March 10 and April 14, 2010, Commissioners unanimously voted to recommend that the City Council pass an ordinance amending Charter Sections 4.03, 4.06, 6.09, and 6.10. The Charter Commission reviewed and discussed the proposed housekeeping amendments at the request of staff and the City Attorney for the following reasons: ƒ Section 4.03 and 4.06 provides reference to municipal elections and candidate filing requirements. The Minnesota Legislature amended state statutes to provide that state and municipal primary elections be held on the second Tuesday in August and candidate filing period dates be changed to allow for additional time for overseas absentee voting. Amending these sections in the City Charter will maintain consistency with state election laws. Meeting of May 10, 2010 (Item No. 9) Page 2 Subject: Housekeeping Amendments Municipal Elections and Staff Positions ƒ Charter Sections 6.09 and 6.10 provide reference to the “director of finance” as the lead finance position with specific duties. With the Finance Director resignation, it was determined through reorganization by the City Manager that the position would be titled Controller and would serve as the City Treasurer. Assistant Finance Director Brian Swanson accepted the Controller position and was appointed City Treasurer on February 1, 2010 by Resolution No. 10-011. All references to “director of finance” were amended to be consistently replaced with “City Treasurer”. Timeline: City Attorney Roger Knutson has drafted the ordinance changes (attached) and provided a timeline for the changes. The timeline/process, assuming that the Council is in agreement, would be as follows: 1. Within a month of city council’s receipt of the Charter’s recommendation (May 10, 2010) publish public hearing notice containing text of ordinance. Publication date: May 20, 2010 2. City Council is required to hold a public hearing at least 2 weeks, but not more than 4 weeks after notice is published. First Reading: June 7, 2010 3. Within a month of the public hearing the City Council must vote. The ordinance approval requires unanimous vote of the entire City Council. Second Reading: June 21, 2010 4. The ordinance is effective 90 days after publication (July 1, 2010) Effective Date: September 29, 2010 City Code of Ordinances Housekeeping Amendments related to Staff Positions In addition to Charter amendments regarding staff positions, housekeeping amendments will also be necessary for City Code Sections 2-350, 2-351, 18-203, 32-34, and 32-99. All references to “director of finance” will require amending to be consistently replaced with “City Treasurer”. First Reading is scheduled for June 7, 2010 with Second Reading scheduled for June 21, 2010. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachments: Draft Ordinance amending City Charter municipal elections/staff positions Draft Ordinance amending City Code staff positions Prepared by: Nancy Stroth, City Clerk Reviewed by: Roger Knutson, City Attorney Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of May 10, 2010 (Item No. 9) Page 3 Subject: Housekeeping Amendments Municipal Elections and Staff Positions DRAFT ORDINANCE NO. ____-10 AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE CHARTER SECTIONS 4.03, 4.06, 6.09, 6.10 CONCERNING MUNICIPAL ELECTIONS AND CITY POSITION TITLES PREAMBLE WHEREAS, pursuant to Minn. Stat. § 410.12, Subd. 7 the Charter Commission has recommended to the City Council that the Charter be amended as provided herein; and WHEREAS, Minn. Stat. § 410.12, Subd. 7 provides that upon recommendation of the Charter Commission the City Council may enact a Charter Amendment by ordinance. THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK, MINNESOTA DOES ORDAIN: SECTION 1. The St. Louis Park Home Rule Charter Sections 4.03, 4.06, 6.09, and 6.10 are hereby amended by deleting stricken language and adding underscored language: Section 4.03. Primary Elections. The Council shall, whenever three (3) or more candidates have filed for any elective City office, provide through ordinance or resolution for a primary election to be held for each such office. The primary election shall be held on the first second Tuesday after the second Monday in September August. At least two (2) weeks' notice shall be given by the Clerk of the time and places of holding such election, and of the officers to be elected, by posting a notice thereof in at least one (1) public place in each voting precinct where a primary election will be held and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notice shall not invalidate such election. Section 4.06. Nomination by Petition. The nomination of elective officers provided for by this Charter shall be by petition. The name of any nominee shall be printed upon the ballot whenever a petition meeting the requirements specified in this Charter has been filed on the nominee's behalf with the City Clerk. Such petition shall be signed by at least fifteen (15) currently registered electors qualified to vote for the office specified in the petition. No elector shall sign petitions for more candidates than the number of places to be filled at the election, and should the elector do so that signature shall be void as to the petition or petitions last filed. All nomination petitions shall be filed with the City Clerk not no more than ten (10) eighty four (84) days nor fewer less than eight (8) weeks seventy (70) days and fifty-six (56) days before the first second Tuesday after the second Monday in September August before the general city election. The Clerk shall prepare the ballots with names of the candidates for an office in a manner provided by ordinance. Each petition, when presented, must be accompanied by a twenty dollar ($20.00) filing fee. Meeting of May 10, 2010 (Item No. 9) Page 4 Subject: Housekeeping Amendments Municipal Elections and Staff Positions Section 6.09. Levy and Collection of Taxes. Each year the Council shall levy the taxes necessary to meet the requirements of the budget for the ensuing fiscal year in the manner prescribed by State law. The Director of Finance City Treasurer shall transmit a statement of the taxes levied to the County Auditor annually. Such taxes shall be collected and their payment shall be enforced at the time and in the same manner as State and County taxes. No tax shall be invalid because of any informality in the manner of levying the same, nor because the amount levied exceeds the amount required to be raised for the purpose for which it was levied. Any surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. Section 6.10. Tax Settlement with County. The Director of Finance City Treasurer shall ensure that all monies in the County Treasury belonging to the City are promptly turned over to the City according to law. SECTION 2. This Ordinance shall take effect ninety days after its publication. Date of Publication of Public Hearing May 20, 2010 Public Hearing and First Reading June 7, 2010 Second Reading June 21, 2010 Date of Publication of adopted Ordinance July 1, 2010 Date Ordinance takes effect September 29, 2010 Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting of May 10, 2010 (Item No. 9) Page 5 Subject: Housekeeping Amendments Municipal Elections and Staff Positions DRAFT ORDINANCE NO. ____-10 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE SECTIONS 2-350, 2-351, 18-203, 32-34, and 32-99 CONCERNING CITY POSITION TITLES THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. The St. Louis Park Ordinance Code Sections 2-350, 2-351, 18-203, 32-34, and 32- 99 are hereby amended by deleting stricken language and adding underscored language: Sec. 2-350. Manner of Presentation of Claims All bills, invoices, statements and claims for payment of money in discharge of any obligation of the City shall be filed with the Director of Finance City Treasurer who shall examine the same and enter each upon the record. Each claim shall be accompanied by either an itemized bill or payroll, or time sheet, each of which shall be approved and signed by the responsible City officer who vouches for its correctness and reasonableness and, except in the case of salaries and wages of employees and laborers of the City, shall be accompanied by the claimant’s verified statement of claim as required by law. Sec 2-351. Payment of Claims The Director of Finance City Treasurer is authorized to pay all claims determined to be proper obligations of the City and consistent with the budget approved by the City Council. The Director of Finance City Treasurer shall prepare a list of newly paid claims for Council review at each regular meeting of the City Council. Sec. 18-203. Disposition of Funds. Together with found money that has been held for 60 days, the chief of police must deliver all money that was received from the sale of abandoned property to the finance director City Treasurer for deposit into the city’s general fund. If no claim has been made by the former owner with satisfactory proof of ownership, found money may be returned to the finder; otherwise the money will revert to the city's general fund. Sec. 32-34. Delinquent water accounts. All charges for water shall be due and payable within three weeks of the billing date specified by the director of finance City Treasurer. Accounts shall be considered delinquent and subject to a penalty of ten percent if not paid within three weeks of the billing date. It shall be the duty of the director of finance City Treasurer to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory arrangements for payments have not then been made, the director of public works shall be instructed to discontinue water service at the stop box. All delinquent accounts shall be certified by the city clerk to the city assessor who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served, for collection as other taxes. Meeting of May 10, 2010 (Item No. 9) Page 6 Subject: Housekeeping Amendments Municipal Elections and Staff Positions Sec. 32-99. Sewer bills. It is hereby made the duty of the director of finance City Treasurer to render to the owners, lessees or occupants of all classes of property on a monthly or quarterly basis, as is appropriate, bills for the amount of sewer rental charge as provided in section 32-97. Such bills may be a surcharge upon the water bills rendered to such persons. All such charges when collected shall be placed in a separate fund. These funds shall be used only for the purpose authorized by M.S.A. § 444.075, and such charges, if unpaid, may be collected on direction of the city council as authorized by M.S.A. § 444.075, as set forth in sections 32-97, 32-98 and this section. SECTION 2. This Ordinance shall take effect fifteen days after its publication. First Reading June 7, 2010 Second Reading June 21, 2010 Date of Publication July 1, 2010 Date Ordinance takes effect July 16, 2010 Reviewed for Administration: Adopted by the City Council City Manager Mayor Attest: Approved as to form and execution: City Clerk City Attorney Meeting Date: May 10, 2010 Agenda Item #: 10 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: City Council Bike Ride RECOMMENDED ACTION: Provide staff direction on the following to questions. Does City Council still want to do this bike ride? Does City Council have any suggested changes to the planned route or specific points of interest to see? POLICY CONSIDERATION: Not Applicable. BACKGROUND: In 2009, City Council requested staff organize a bicycle ride that would highlight some existing sidewalk and bicycle gaps or proposed improvements. Due to inclement weather, the autumn bike tour was cancelled. The tour has been rescheduled for 6 p.m. to 7:30 p.m. on May 24, 2010, preceding the City Council Study Session. Attached is a map of the planned bike route. Staff needs to test the route, so it may need to change. The final route will be shared with City Council before the meeting and will be about 5-6 miles long. The ride will be a leisurely pace. There will be several planned stops along the route to discuss points of interest. Staff will lead the tour and we will be joined by one of City of Minneapolis’ Bike Ambassadors. As you will see, the planned route excludes regional trails and focuses instead on low traffic neighborhood streets that lend themselves to biking, even during rush hour. These streets may be candidates for what are termed “share the road” or “bike-walk streets.” The route highlights several important rail or road crossings identified in the bike plan and examples of sidewalk gaps identified in the pedestrian plan. Unfortunately, several of the high priority bike lanes identified in the bike plan are out of reach given the time constraints. We want this to be a comfortable and fun ride, not a speed or endurance test. EQUIPMENT NEEDS: If you do not have a bike helmet or do not have an operable bike (tires that hold air and brakes that work), please contact Sean Walther at (952) 924-2574 or swalther@stlouispark.org to make arrangements. One Councilmember cannot ride, so that person can drive to the planned stop locations and still participate in the discussions. Meeting of May 10, 2010 (Item No. 10) Page 2 Subject: Council Bike Ride FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: St. Louis Park is a connected and engaged community. Attachments: Route Map Prepared by: Sean Walther, Senior Planner Reviewed by: Cindy Walsh, Parks and Recreation Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Meeting of May 10, 2010 (Item No. 10) Page 3 Subject: Council Bike Ride Start at City Hall Points of Interest or Discussion Stops: • POI: Minnetonka Blvd east of Hwy 100 (future 4 to 3 lane conversion?) • POI: Ottawa & 29th (sidewalk gap) • POI: 26th & Quentin (sidewalk gap) • POI: 28th & CP rail (freight rail impact?) • Discuss: Peter Hobart Elementary School (Future Rail Crossing) • Discuss: Dakota & Minnetonka (Intersection Improvements) • Discuss: Dakota & Lake (Dakota/Wooddale north-south connection) • POI: Lake & Brunswick (ped/bike rail crossing) • Discuss: Hwy 7 Pedestrian Bridge Additional Stops Time Permitting: • Discuss: Beltline & Regional Trail Crossing • POI: Trail behind Melrose Institute • Discuss: 36th & Beltline (future 4 to 3 lane conversion?) End at City Hall Meeting Date: May 10, 2010 Agenda Item #: 11 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Fire Stations Project Update RECOMMENDED ACTION: No action is needed at this time. This report provides a summary of planned neighborhood meetings and tasks through the Schematic Design Phase for Fire Stations No. 1 and No. 2. POLICY CONSIDERATION: Is the City Council comfortable with the proposed schedule and the number of neighborhood input and City Council engagement opportunities proposed for the Schematic Design Phase outlined in this report? BACKGROUND: The design process for the fire stations is expected to take about 10 months from initial schematic design to letting bids for construction. The design process has 3 major components, 1. the initial design work or schematic design; 2. design development when the initial designs are refined and 3. construction documents, when the design concepts are transformed into plans and specifications ready for bidding. Cost estimates for each station will be prepared at each step in the design process to help with decision making; and at each stage in the process the City Council will approve moving on to the next stage of design. Three general neighborhood meetings are anticipated in the early stages of the project. The first design meeting will be to introduce the fire station design team, explain the timeline/process, talk about each site and get neighborhood input about any special concerns or issues neighbors and other residents may have. The second neighborhood meeting will be an opportunity to share initial design concepts with the neighborhood and get their input. The third neighborhood meeting would occur once the City Council’s preferred concepts have been selected. It is one more chance for neighborhood input before moving on to the more detailed design development in preparation for formal City approvals. In addition to the general neighborhood meetings, special purpose community meetings may be needed. These would be meetings to address particular issues that arise during the design process. The standard required meetings and public hearings required by zoning would be in addition to the design process meetings. Meeting of May 10, 2010 (Item No. 11) Page 2 Subject: Fire Station Project Update Schedule During in initial design work or schematic design phase, the City and design consultants will review the space needs study prepared by BKV Group, learn about the City’s design and operation goals, analyze the sites, organize the spaces in the building, and generate concept plans and alternatives for the sites and buildings that respond to the goals and needs. The schematic design phase is expected to last three months. Subsequent phases of the project include design development and construction drawings. Plans could be submitted for zoning approvals in September 2010. The target date to go out for bids would be in late January 2011. This proposed schedule sets up a Spring 2011 construction start. Of course, the proposed schedule may be adjusted to respond to issues raised by the City Council, neighborhoods, and other staff throughout this process. Public Engagement Three neighborhood meetings are proposed during the Schematic Design phase. The first public meeting is scheduled for Thursday, May 20. The meeting notice provides additional information and is attached for your information. Two subsequent meetings are planned for Thursday, June 10 and Thursday, July 15. All the meetings will be held in the Rec Center Banquet Room. Meeting notices will be mailed to properties surrounding all addresses within 1,500 feet, emailed to neighborhood leaders for distribution via their websites, email lists, newsletters, etc., and announced via other city-wide communications (website, Park Update, etc.). Staff also intends to engage neighborhood leaders or designated neighborhood representatives in-between the large public meetings, as the neighborhood leaders deem necessary. City Council Engagement The schematic design schedule also proposes several dates to update or discuss the project with City Council. These dates generally occur before and soon after the public meetings. FINANCIAL OR BUDGET CONSIDERATION: The City’s budgeted project cost is $14 million dollars. The estimated construction cost is $10.5 million. VISION CONSIDERATION: Not applicable. Attachments: • Milestone Schedule (as of May 4, 2010) • Schematic Design Schedule (as of May 4, 2010) • Fire Station Public Meeting Notice for May 20, 2010 Prepared by: Sean Walther, Senior Planner Reviewed by: Kevin Locke, Community Development Director Luke Stemmer, Fire Chief Cindy Walsh, Parks and Recreation Director Approved by: Nancy Gohman, Deputy City Manager/HR Director Two New Fire Stationsi kSt. Louis Park, MNProject No.  1007.1307.01May 3, 2010201020112012Milestone ScheduleTaskSeptSchematic DesignCost EstimatesOwner ApprovalDiDl tNov Dec Jan Feb Mar AprApril May June July Aug OctMarApril May June July Aug Sept Oct Nov Dec Jan FebDesign DevelopmentCost EstimatesOwner ApprovalConstruction DocumentsApproval to BidBiddingContract AwardConstructionCriticalDatesCritical DatesApply for Plan Commission ApprovalPlan Commission Public HearingCouncil ApprovalOctober 6, 2010October 18, 2010September 7, 2010Meeting of May 10, 2010 (Item No. 11) Subject: Fire Station Project UpdatePage 3 Two New Fire Stations St. Louis Park, MN Project no. 1007.1307.01 May 4, 2010 Tasks Attending Date Remarks Data Gathering 04/15/2010 to Property Surveys Present Previous Studies Project Directory Schematic Design Schedule 1 Kick‐Off Meeting Design Team 5/3/2010 Fire Deparement Goals Program Verification Review previous information City Council Presentation 5/3/2010 Council to Approve Selection 2 Schematic Site Planning Design Team 5/10/2010 1 ‐ 3:30pm Concept site plans 3 Scope Verification Management Team 5/17/2010 1 ‐2 pm Project Scope Verification  hiildi li i //b ildi lSchematic Building Planning Design Team 5/17/2010 2  ‐ 3:30 pm Concept building plans Neighborhood Meeting No. 1 5/20/2010 Vision Setting Session 4 Building Planning Massing Design Team 5/24/2010 1‐3:30 pm Reivew of Neighborhood Mtg. Goals 5 Building Planning/Massing Design Team 6/2/2010 1‐3:30 pm Mtg moved due to Memorial Day Fire Department Review progress with Department 6 Building Planning/Massing Management Team 6/7/2010 1‐3:30 pm Project Review6Building Planning/Massing Management Team 6/7/2010 1‐3:30 pm Project Review City Council 6/7/2010 Written Report by Staff Neighborhood Meeting  No. 2 6/10/2010 Site/Plan Concepts w/ massing 7 Building Planning ‐ Station no. 2 Design Team 6/14/2010 1‐3:30 pm Review Results of Neigborhood Mtg. Detailed Planning/Imagery 8 Building Planning ‐ Station no. 1 Design Team 6/21/2010 1‐3:30 pm Detailed Planning/Imageryg g g p ggy City Council 6/21/2010 Detailed Report by Team 9 Project Update Management Team 6/28/2010 1‐2 pm Resolve Parks Bounaries Building Planning ‐Administration Design Team 2‐3:30 pm Training Components July 4 th Week 10 Building Planning ‐ Living Quarters Design Team 7/12/2010 1‐3:30 Building Imagery No Meetings Pricing Package to KA 7/14/2010 Potential Council Presentation 7/12/2010 Present preferred concept Neighborhood Meeting No. 3 7/15/2010 Preferred Concept 11 Project Update Management Team 7/19/2010 1‐2 pm Review Results of Neigborhood Mtg. Building Planning ‐ Apparatus Bay Design Team 2‐3:30 pm Building Imagery 12 Pricing Review Management Team 7/26/2010 Budget reconciliation Other Critical Dates Pricing Package to KA 7/14/2010 Board Packet Due 28‐Jul‐10 Coucil Approval of Schematic Design 2‐Aug‐10 Meeting of May 10, 2010 (Item No. 11) Subject: Fire Station Project Update Page 4 May 7, 2010 Dear Resident: I’d like to thank you for your continued interest in the city’s upcoming fire station replacement projects I’d also like to invite you to a neighborhood meeting about both stations that is scheduled for: 6:45 p.m., Thursday, May 20 at the Rec Center Banquet Room, 3700 Monterey Drive Since my last letter in February, the city hired the team of KKE Architects, Bonestroo and SRF Consulting Group to design and engineer two new and expanded fire stations to replace the two existing fire stations. Both stations will be rebuilt in about the same location. We want to introduce you to the design team and discuss the process and schedule. More importantly, we will be asking for your thoughts and opinions. What are your concerns? What are do you see as the goals and opportunities? What you tell us now will guide the design options you’ll see later. The meeting on May 20 will begin with a 30-minute presentation. Following the presentation, we will break into two groups. One group will focus on Fire Station No. 1 and the other will focus on Station No. 2. Next Steps The design team and I hope to meet with you and other neighbors in June to review design options, and again in July to discuss the City’s preferred option. The City will continue to invite input at various stages of the design process and regularly communicate with the public throughout design and construction. While construction of the stations won’t begin until 2011, some site preparation work like demolition and moving private utilities on the site could begin this summer. About the Current Stations Some of you may be new to the neighborhood or missed previous letters and meetings about this project. Unfortunately, the two buildings that house the people and equipment that help the Fire Department provide fire protection and emergency medical services are just plain wearing out. Based on a thorough analysis, the city has determined that it has no choice but to replace its two existing stations. Meeting of May 10, 2010 (Item No. 11) Subject: Fire Station Project Update Page 5 Both of thefire stations were constructed in the 1960’s. They do not meet accessibility rules for public buildings. They do not accommodate the current multi-gender Fire Department staffing. Other concerns relate to deteriorating structural elements, the aging mechanical systems, limited ventilation, lack of apparatus storage space, and insufficient meeting space to host all firefighters simultaneously for meetings and training. I’d like to thank you in advance for taking the time to learn about these important capital projects the city is undertaking. I invite you to contact project coordinator Sean Walther if you have any questions. Mr. Walther can be reached at (952) 924-2574 or swalther@stlouispark.org. Sincerely, Luke Stemmer St. Louis Park Fire Chief Meeting of May 10, 2010 (Item No. 11) Subject: Fire Station Project Update Page 6 Meeting Date: May 10, 2010 Agenda Item #: 12 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Reilly Site – Update on the Proposed Soil Vapor Gas Study. RECOMMENDED ACTION: The purpose of this report is to provide an update to an EPA / MPCA agency requested soil vapor gas study at the Reilly Superfund site. POLICY CONSIDERATION: None at this time. BACKGROUND: History Staff provided Council a written Study Session Report on July 27th 2009 (attached) providing information regarding a soil vapor gas study on the “Reilly” site requested by the United States Environmental Protection Agency (USEPA) and the Minnesota Pollution Control Agency (MPCA). During August of 2009, city staff informed the property owners and area residents of the proposed study and then submitted a draft study to Vertellus Specialties Inc. (formerly Reilly Industries) and the agencies for review and evaluation. The study, planned to be done on private property, was expected to be conducted during early 2010 with study results available by June of 2010. During the review and evaluation of the draft study, Vertellus and City staff concluded neither agency was responsible for performing the requested study. This was recently conveyed by Vertellus and the City to the EPA and MPCA. The EPA or the MPCA are able to pursue this study with the two property owners should they feel the need; neither has expressed an interest in that to date. No communications with the property owners or residents have taken place since last August. Next Steps Staff intends to contact the two property owners shortly to inform them of the situation and their options in the matter. FINANCIAL OR BUDGET CONSIDERATION: Last July the cost of this proposed study was estimated to exceed $100,000; mitigation measures, if found necessary, would be an additional cost. At this time, it is felt that the EPA, the MPCA, or the property owners are responsible for any further study of the soil vapor gas concern. Meeting of May 10, 2010 (Item No. 12) Page 2 Subject: Reilly Site – Proposed Soil Vapor Gas Study VISION CONSIDERATION: This study was requested by the agencies to ensure there are no soil gas vapor intrusion concerns associated with the residential properties on the Reilly Site. The proposed study generally aligns with the following Council adopted vision Strategic Direction: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Focus (in this case) would be on: • Educating staff and the public on environmental consciousness, stewardship and best practices. • Preserving, enhancing and providing good stewardship of our parks. Attachments: Study Session Report of July 27, 2009 Prepared by: Mike Rardin, Public Works Director Approved by: Nancy Gohman, Deputy City Manager, HR Director Meeting of May 10, 2010 (Item No. 12) Page 3 Subject: Reilly Site – Proposed Soil Vapor Gas Study Meeting Date: July 27, 2009 Agenda Item #: 10 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Reilly Site - Proposed Soil Vapor Gas Study. RECOMMENDED ACTION: The purpose of this report is to provide information regarding a proposed soil vapor gas study at the Reilly Superfund site. Please provide staff with any comments or questions that you might have. POLICY CONSIDERATION: None at this time. BACKGROUND: History In 2006 the Minnesota Pollution Control Agency (MPCA) conducted a Five-Year Review of the Reilly Site. According to their review: “The potential for vapor intrusion is another issue which will be evaluated. No vapor assessments have been performed for the Site. Further evaluation will be performed of the potential for vapor intrusion into buildings on the Site. If necessary, soil gas sampling and/or indoor monitoring will be performed.” This work was being recommended to address a general concern at Superfund Sites throughout the country and was not triggered by any indication of actual exposures to volatile chemicals. In fact, no cases of creosote odors or exposure to soil gas have been reported to the city, MPCA, or United States Environmental Protection Agency (USEPA) by persons living at the Reilly Site. This recommendation was followed up in 2008 by a MPCA soil vapor survey to investigate the potential for soil gas on the Reilly Site. Survey results indicated soil gas vapors were present throughout the surveyed area. The 2008 survey report recommended that a follow-up soil vapor survey be conducted. Property owners on the Reilly Site were made aware of this survey and survey results. On April 1, 2009 the city and Vertellus Specialties Inc. (formerly Reilly Industries) received a specific request from the USEPA and the MPCA to plan a vapor intrusion study (letter attached). A planning meeting was held on July 13th attended by City, Vertellus, Minnesota Department of Health, and MPCA staff. Generally, most of the persons attending this meeting were involved with the Hwy 7/Wooddale Ave VOC Study recently conducted in St. Louis Park. Meeting of May 10, 2010 (Item No. 12) Page 4 Subject: Reilly Site – Proposed Soil Vapor Gas Study Proposed Study The proposed study would be conducted in accordance with appropriate MPCA guidance documents for such investigations. The study is anticipated to include the following elements: • winter time sampling when vapor concentrations are likely highest. • coring / sampling through concrete floors to access sub-slab gas at the rate of one per 1,000 square feet – approximately 100 points to be sampled. • target properties identified were Somerset Oak Apartments in the northwest area of the Site and Oak Park Village Apartments in the northeast area of the site. Only slab on grade residential properties will need to be evaluated. • sampling to be done only with property / building owner authorization. • study results will be made publicly available when complete. This study as currently being proposed is estimated to cost about $104,000. It has not been determined at this time how this proposed study will be paid for or by whom. Next Steps The following schedule has been prepared as a guide in this proposed study: April 1, 2009 Agencies’ letter to SLP and Reilly (Vertellus) requesting the vapor intrusion study. May 29, 2009 Preliminary telephone conference with Agencies to discuss project scope. July 13, 2009 Kickoff meeting in St. Louis Park to organize project team and plan the proposed study. July through August 2009 Create a public outreach plan similar in nature to the one used for the Elmwood community VOC study. August 3, 2009 Submit Quality Assurance Project Plan and Sampling and Analysis Plan to Agencies. October 3, 2009 Work Plan Approval by Agencies. October through November 2009 Implement the public outreach plan to gain access for coring and sampling inside the residential properties. December 2009 through February 2010 Collect soil gas samples during the most convenient time period for the residents. March 2010 Receive the laboratory analytical data. April through May 2010 Evaluate vapor intrusion risks and prepare public report for submittal to the Agencies. June 2010 Letters to residents explaining results and any follow-up needed. Meeting of May 10, 2010 (Item No. 12) Page 5 Subject: Reilly Site – Proposed Soil Vapor Gas Study As can be seen from the schedule above, a draft study plan will be submitted to the agencies on or about August 3rd. In conjunction with the development of this plan, city staff is developing an outreach plan to inform affected residents / property owners. Staff will provide Council a copy of the outreach plan when it becomes available which will be in the very near future. FINANCIAL OR BUDGET CONSIDERATION: The total estimated cost of this study could well exceed $100,000. The agencies stance is Vertellus and the city are the responsible parties in this case. As stated above, it has not yet been determined how this proposed study will be paid for or by whom. Finally, it needs to be mentioned that should study results indicate a vapor intrusion problem, mitigation measures may be necessary at additional unknown costs. VISION CONSIDERATION: This study is being requested by the agencies to ensure there are no soil gas vapor intrusion concerns associated with the residential properties on the Reilly Site. This proposed study generally aligns with the following Council adopted vision Strategic Direction: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Focus (in this case) would be on: • Educating staff and the public on environmental consciousness, stewardship and best practices. • Preserving, enhancing and providing good stewardship of our parks. Attachments: Agency letter of April 1, 2009 Prepared by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting of May 10, 2010 (Item No.12) Subject: Reilly Site - Proposed Soil Vapor Gas Study Page 6