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HomeMy WebLinkAbout2010/10/11 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA OCTOBER 11, 2010 6:30 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – October 25, 2010 2. 6:35 p.m. Highway 100 Project Update 3. 7:05 p.m. Municipal Service Center (MSC) Renovation Project Update 4. 7:35 p.m. Update on PPL/Louisiana Court Financial Plan 5. 8:05 p.m. City Council Governance Model and Norms 6. 9:05 p.m. Communications/Meeting Check-in (Verbal) 9:10 p.m. Adjourn Written Reports 7. Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South 8. Hennepin County Environmental Response Fund (ERF) Grant Application for 2005 Louisiana Ave. South 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 Date: October 11, 2010 Agenda Item #: 1 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Future Study Session Agenda Planning – October 25, 2010. RECOMMENDED ACTION: Council and the City Manager to set the agenda for the regularly scheduled Study Session on October 25, 2010 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 October 25, 2010. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for October 25, 2010 Prepared by: Debbie Fischer, Office Assistant Approved by: Tom Harmening, City Manager Study Session Meeting of October 11, 2010 (Item No. 1) Page 2 Subject: Future Study Session Agenda Planning Study Session, Monday, October 25, 2010 – 6:30 p.m. Tentative Discussion Items 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. 2011 Budget – Spec Rev & Enterprise Funds, Capital Imp Plan & Long Range Financial Management Plan – Finance (90 minutes) Discussion on the 2011 Budget to include the Special Revenue and Enterprise Funds. In addition, the Capital Improvement Plan (CIP) for 2011 – 2015 will be reviewed and the Long Range Financial Management Plan for the relevant funds in the City. 3. 7015 Walker St. Purchase Agreement – Community Development (30 minutes) Discuss details of the proposed purchase agreement. 4. Auditor Discussion – Finance (15 minutes) Discussion on continuing the relationship with current auditor and possibly signing a new contract for three years with them. Or, if Council chooses, the option of requesting RFP to solicit other bids/quotes. 5. Update CAP (Construction Assistance Program) – Community Development (30 minutes) Staff to provide update on applications to the Construction Assistance Program and present a preliminary application from Hardcoat Inc. 6. 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: September 2010 Monthly Financial Report Third Quarter Investment Report (July – September 2010) Park Nicollet Redevelopment Contract End of Meeting: 9:25 p.m. Meeting Date: October 11, 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: Highway 100 Project Update. RECOMMENDED ACTION: The purpose of this report and study session presentation is to update the City Council on the status of this Mn/DOT proposed project. POLICY CONSIDERATION: There are no specific policy questions at this time. Council is asked to provide staff with any feedback it might have. BACKGROUND: History - City and Mn/DOT staff last discussed this proposed project with Council at the November 23, 2009 Study Session. At that time Mn/DOT staff stated this project was to be “rescoped” which raised a variety of questions and concerns. Staff was asked to participate in the forthcoming Mn/DOT project development process and keep Council informed as appropriate. Council also requested staff to make interim surface improvements (pavement smoothing) to Utica Ave from W27th Street south in 2010 (since completed by the City). On March 19, 2010 a host of elected and appointed officials representing St. Louis Park, along with TwinWest Chamber representatives, met with Mn/DOT Commissioner Tom Sorel to express our feelings about the Hwy 100 project and our concerns for the rescoping process. During that meeting we shared with MnDOT criteria and design considerations that we felt needed to be addressed as part of a rescoping process. On June 14 staff provided Council a written update on the project rescoping process which had just recently started. Mn/DOT intent was to start over with the development of this project; and, most Mn/DOT project members were new to the project. Meetings had been held in April and May to discuss project area problems, project goals, and possible concepts (sketch planning). No documents or concepts were available in June to share with Council as the process had just started. Current - Since June Mn/DOT, City, and County staff have jointly worked together to develop five (5) concepts for Mn/DOT consideration and evaluation (attached - Hwy 100 Concepts - Sept 2010). In addition, Mn/DOT has developed a project summary (attached - Hwy 100 Project Summary - Sept 2010) describing the project and project goals (attached - Hwy 100 Project Goals and Criteria - Sept 2010). During the study session staff will briefly explain the concepts. Study Session Meeting of October 11, 2010 (Item No. 2) Page 2 Subject: Highway 100 Project Update Next Steps - Mn/DOT has developed the following tentative schedule for this project: o Develop Concepts and Basic Project Information September 2010 o Public Open House November or December 2010 o Mn/DOT Selection of a Preferred Alternative January 2011 o Mn/DOT Staff Approved Geometric Layout June 2011 o Public Open House June 2011 o Municipal Consent Approval Process July - December 2011 o Final Geometric Layout January 2012 o Develop Construction Plans and Specifications January 2012 - September 2015 o Open Bids November 2015 o Construction 2016 thru 2018 Mn/DOT is required to obtain Municipal Consent when projects either change access or capacity or if permanent R/W is required. Mn/DOT anticipates beginning the Municipal Consent Approval Process during the second half of 2011. That process and schedule is expected to consist of the following: o Council Work Session June 2011 o Municipal Consent Request July 2011 o City Schedules Public Hearing July 2011 o Mn/DOT Open House August 2011 o Public Hearing August or September 2011 o Council Work Session October 2011 o Council Approval/Denial of Final Geometric Layout December 2011 (deadline of 90 days after public hearing) FINANCIAL OR BUDGET CONSIDERATION: Mn/DOT will develop the estimated cost of the project later on during the project development process and will then refine it as construction plans are developed up to the bid opening date. The estimated cost at this time is unknown; however, it is safe to say Mn/DOT expects the project cost to be considerably less than the proposed layout previously developed for this project. It is too early in the process to even guess at what the City costs might be for this project. City costs for the previously proposed project were estimated to range from $3 million to $7 million depending on options provided to the City. VISION CONSIDERATION: The following Strategic Direction and focus area was identified by Council in 2007: St. Louis Park is committed to being a connected and engaged community. Focus will be on: • Promoting regional transportation issues and related dedicated funding sources affecting St. Louis Park including but not limited to Hwy 100 and SWLRT. Attachments: Hwy 100 Concepts - Sept 2010 Hwy 100 Project Summary - Sept 2010 Hwy 100 Project Goals and Criteria - Sept 2010 Prepared by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Concept A (Base) As of 9/27/10 with St. Louis Park Comments Page 1 of 5 SP 2733-34 TH 100 KEY Freeway System Local Road System Ramp Removed New Bridge Desirable New Bridge Raised Median Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 3 KEY Freeway System Local Road System Ramp Removed New Bridge Raised Median Concept B As of 9/27/10 with St. Louis Park Comments Page 2 of 5 SP 2733-34 TH 100 Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 4 KEY Freeway System Local Road System Ramp Removed New Bridge Raised Median Concept C As of 9/27/10 with St. Louis Park Comments Page 3 of 5 SP 2733-34 TH 100 Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 5 KEY Freeway System Local Road System Ramp Removed New Bridge Raised Median Concept D As of 9/27/10 with St. Louis Park Comments Page 4 of 5 SP 2733-34 TH 100 Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 6 KEY Freeway System Local Road System Ramp Removed New Bridge Raised Median Concept E As of 9/27/10 with St. Louis Park Comments Page 5 of 5 SP 2733-34 TH 100 Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 7 For More Information Contact: Ramankutty Kannankutty West Area Engineer Water’s Edge (651)234-7720 Ramankutty.kannankutty @state.mn.us John Griffith West Area Manager Water’s Edge (651)234-7728 John.griffith@state.mn.us September 2010 Highway 100 from County Road 5 to Highway 7 Hennepin County St. Louis Park Bridge Replacement, safety and mobility improvements to TH 100. Estimated Costs TBD Previous Costs were estimated to be $140 million (2014) Proposed Letting: 11/20/2015 Construction season: 2016-18 For a schedule of Public Meetings, contact the Area Manager MnDOT Metro District Project Summary Major Reconstruction BACKGROUND: This segment is the last sub-standard section on Highway 100 south of Interstate 394 and is one of the most congested freeways in the Metro area. Originally built in the mid-1930’s, it is part of the first beltway around the Twin Cities. Some moderate improvements were completed in 2007 in advance of the Crosstown/I- 35W reconstruction. In 2008 the State Legislature passed the Chapter 152 legislation that identified among other bridges, the Highway 7 and Minnetonka Boulevard bridges as structurally deficient and in need of replacement. In addition to the 2 bridges being identified, the Metropolitan Council’s 2009 Transportation Policy Plan recommended this project for reassessment for potential scope reduction and cost savings. A proposed project in this area is currently scheduled to be let in 2015, with construction occurring from 2016 until 2018. The 2009 traffic volume on this segment ranges from 111,000+ AADT near 36th Street to 127,000+ AADT near 27th Street. The volume to capacity ratio is 1:3 and it operates at a Level of Service F. This section of roadway experiences as much as 4 hours of congestion during the morning and afternoon peak periods combined. The Highway 100 and County Road 5 (Minnetonka Blvd) interchange ranked 76th of 374 metro area interchanges with regard to crash cost. Fifty one percent of crashes at this location were rear ends which is indicative of congested conditions. There were 422 crashes on the stretch of roadway from 36th Street to Cedar Lake Road in the years 2007 – 2009. Of these, 55% were rear ends and 22% were sideswipes. This indicates both a congestion problem and substandard acceleration/merge areas. The project purpose is to address basic infrastructure deficiencies, improve interchange safety at Highway 7 and County Road 5, and improve the traffic operations of TH 100 by increasing safety and mobility, through improvements such as modifying ramp acceleration/merging spacing and maintaining 6 through lanes of traffic within the project limits. Currently five proposed design alternatives are being considered. The base concepts included in all alternatives involve replacing the bridges at Highway 7 and County Road 5, adding auxiliary lanes on Highway 100 between Highway 7 and County Road 5, adding a parallel acceleration lane for the loop from Highway 7 to southbound Highway 100 and maintaining 6 through lanes of traffic within the project limits. PROJECT DOCUMENTS & APPROVALS SCHEDULE: Five alternatives are being considered for a preferred option. Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 8 9/30/2010 SLP 4 Goals and Criteria for TH 100 Project Website SP 2734-33 St. Louis Park  Transportation Goals 1. Provide adequate system-to-system connections (access) to TH 100 to accommodate heavy traffic movements at TH 7/CSAH 25 and CSAH 5 to prevent regional traf fic diversion to local streets. 2. Address congestion issues at TH 7/CSAH 25 and CSAH 5 3. Address safety issues at TH 7/CSAH 25 and CSAH 5 4. Provide for local north – south traffic from Excelsior Blvd to Cedar Lake Road. 5. Maintain the existing (or equivalent) local-to-system connections (access) to TH 100. 6. Reduce long traffic queues and intersection delays on local streets to reasonable lengths and times. 7. Improve overall safety on local roads. 8. Need for compatibility with and access to current and planned Pedestrian / Bicycle / Transit Accommodations systems.  Other Infrastructure Goals 1. W. 36th Street Interchange Reconstruction 2. Freight Rail Bridge Replacement  Environmental Goals 1. Address past identified environmental and aesthetic concerns (noise, air quality, storm water, aesthetics/public art) Hennepin County  Transportation Goals 1. Address traffic circulations and safety issues on county road systems and traffic patterns at CSAH 5 AT TH 100 interchange with left turn lanes and traffic sign als at both ends of bridge. 2. Address capacity and safety problems at TH 7/ CSAH 25 at TH 100 3. Coordinate with Cedar Lake LRT Regional Trail/ Southwest LRT system development  Infrastructure Goals 1. Replace structurally deficient CSAH 5 bridge to meet 2006 legislative mandates Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 9 9/30/2010 SLP 4 MnDOT  Transportation Goals 1. Improve mobility on TH 100 for regional traffic 2. Improve safety on mainline, ramps 3. Improve acceleration/merging space for ramps 4. Improve efficiency and recognize the importance of interchange spacing 5. Improve safety on cross streets  Infrastructure Goals 1. Improve substandard mainline and shoulder widths 2. Replace structurally deficient TH 7 and CSAH 5 bridges to meet 2006 legislative mandates Study Session Meeting of October 11, 2010 (Item No. 2) Subject: Highway 100 Project Update Page 10 Meeting Date: October 11, 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: Municipal Service Center (MSC) Renovation Project Update. RECOMMENDED ACTION: No action required at this time. This report and the presentation at the study session are intended to update the Council on the financial details of the project. POLICY CONSIDERATION: Does the City Council have any questions or concerns about the financial report for this project and/or the project closeout activities noted in this staff report, including the approval of a final change order? BACKGROUND: Based on the bid awarded for the MSC project, the final budget was set at $9.5 million. At that time staff was requested to pursue value engineering options with the architect and contractor to reduce costs in the project where possible. The overall $9.5 million budget included: • Construction Costs • Design and Engineering Costs • Off-site Rental of Land and Trailer Storage • Office Design and Equipment • $400,000 Contingency Value engineering efforts resulted in a reduction of $335,427 to the construction amount and were included in Change Order #1. These were fortunately accomplished without seriously reducing the overall effectiveness of the building. Negotiations with the architect also resulted in a revised contract providing the city a savings of $100,000. Pursuing these cost reductions became especially important as the project excavation began and soil problems developed. Two rounds of soil borings during the design phase did not identify the poor structural condition of soil in some locations or environmental contamination in other areas. Borings were taken for both soil structure and evidence of contamination. Unfortunately the small and localized sample area of borings did not occur in the problem locations. A Hennepin County Emergency Environmental Response Fund grant of $18,292 was received during November 2009 to provide some assistance in soil remediation and this revenue source was included in the project budget. A subsequent application for the regular Environmental Response Study Session Meeting of October 11, 2010 (Item No. 3) Page 2 Subject: Municipal Service Center (MSC) Renovation Project Update Fund program resulted in a grant amount of up to $534,000 being awarded March 2010 to reimburse the city for costs associated with removal of stockpiled contaminated soil from the site. This work was completed under a separate construction bid and the grant funds and reimbursable expenditures remain under separate accounting from the project budget. DISCUSSION: Attachment A is a summary of the Municipal Service Center Expansion Project Budget identifying both incurred costs and projected expenditures for project completion. A remaining positive balance of approximately $199,000 is anticipated (this balance takes into account the payment of the change order noted below). This amount does not include an approximate $64,000 reimbursement to the city’s General Fund for the staff time Brian Hoffman and John Altepeter spent on the project over the last two years. If the City were to reimburse the General Fund for this amount, the project balance would be approximately $135,000. A summary of the Hennepin County Grant Financial Status is provided on Attachment B. The county has authorized the city to use the remaining unused balance for site restoration of the soil stockpile area and completing the environmental exploration of the site, which will bring closure of the MPCA file on this project. Any cost incurred by the city for any remaining environmental work will be reimbursed up to the grant maximum. Remaining project costs include Change Order #6, which is being finalized by the contractor, architect, and staff, and scheduled to be presented to Council for action on October 18th. Attachment C is a memo from Oertel Architects listing the items in this change order. The items noted in the attached change order summary, which were necessary to complete the project, fall into three primary areas – unexpected costs related to the remodeling portion of the project, finalization of the office space build out, and soils issues. There are four outstanding areas the general contractor has identified for payment in addition to those items in Change Order #6. Payment for these items is not deemed acceptable to the city staff and attorney at this time. These items are: • GCPR#95 - $10,068 – Hydro-mulching of stockpiled soils as requested by the Watershed District for erosion control. The work was performed on a time and material basis and the city will pay a reasonable amount for this service. However, the requested cost is much higher then justified. • GCPR#98 - $4,624 – Airing of contaminated material. Contractor is requesting a change order for work not specifically authorized. Initial contractor request was made months after work reportedly occurred work without supporting documentation. • GCPR#102 - $65,038 – Contractor is claiming lost revenue for not selling sand they expected to mine from the site. Specification provided no assurance of soil material composition or value, work was not included in original bid or previous change orders. • GCPR#134 - $7,261 – Moving site trash. Waiting for contractor to provide documentation. This was not included in the original bid or previous change order. Study Session Meeting of October 11, 2010 (Item No. 3) Page 3 Subject: Municipal Service Center (MSC) Renovation Project Update The outstanding change order requests are being claimed through the general contractor as work completed by the excavation sub-contractor. The city has been notified by Carroll Excavation (sub- contractor) of there intent to file against the general contractors payment bond. Staff is working with the City Attorney, architect, and contractor to resolve these items and finalize the project after the few remaining construction items are completed. MSC Lighting Improvements Retrofitting the existing MSC bay lighting from Metal Halide to energy efficient fluorescent fixtures was originally considered during the design phase. Bid as an alternate, the city did not accept this work to contain costs and considered the possibility of receiving energy improvement grant funding of some type. The current lighting is of poor quality, requires about 10 minutes to turn on (due to warm up of bulbs) and is now noticeably darker in comparison to the new bay lights. This was very evident on the MSC Council tour. Replacing all the fixtures with the same fluorescent fixture used in the new bay and connecting the lights to the management system with occupancy sensors would be a beneficial improvement. Initial quotes received from an electrician indicate about $50,000 is needed to complete the work. This would be separate from the general contractor and not a change order. This work would occur after the general contractor is out of the building. If the City Council wished to have this work completed, staff would recommend that the remaining MSC project budget be used. Grant funds that have been received for energy improvements have or will be expended on other projects. FINANCIAL OR BUDGET CONSIDERATION: The project is nearing completion and projected to remain within the overall budget established after the construction bids were received. With Council support, the expenditure of approximately $50,000 of the remaining project balance will be used to retrofit the existing MSC bay lighting. VISION CONSIDERATION: Being a leader in environmental stewardship, the city has made an investment to dramatically improve the water quality discharging to the creek, corrected site contamination, and made improvements to the energy efficiency of the building. Reuse of the existing building materials through the relocation of the salt storage building, construction recycling, natural lighting, and energy efficient construction has resulted in the MSC meeting the criteria as a LEED certifiable building. Attachments: A - Project Budget Summary B - Hennepin County Grant Financial Status C - Proposed Change Order #6 Prepared by: Brian Hoffman, Director of Inspections Approved by: Tom Harmening, City Manager Study Session Meeting of October 11, 2010 (Item No. 3) Subject: Municipal Service Center (MSC) Renovation Project Update Page 4 Study Session Meeting of October 11, 2010 (Item No. 3) Subject: Municipal Service Center (MSC) Renovation Project Update Page 5 Study Session Meeting of October 11, 2010 (Item No. 3) Subject: Municipal Service Center (MSC) Renovation Project Update Page 6 Study Session Meeting of October 11, 2010 (Item No. 3) Subject: Municipal Service Center (MSC) Renovation Project Update Page 7 Meeting Date: October 11, 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: Update on PPL/Louisiana Court Financial Plan. RECOMMENDED ACTION: No formal action at this time. This report is intended to update the Council on the status of the Louisiana Court (LC) refinancing plan and provide an opportunity for the Council to ask questions and make comments prior to the start of the formal refinancing approval process and the preparation of documents. POLICY CONSIDERATION: This report is a follow-up to the discussion held with the Council at the July 12 Study Session regarding the financial and operational status of PPL’s LC development. If the City Council finds the proposed plan consistent with the direction provided July 12th, staff will initiate the formal refinancing approval process over the upcoming weeks. BACKGROUND: At the July 12 Study Session, the Council reviewed the financial and operational status of the LC development (report attached) and discussed the financial restructuring plan proposed by PPL. At that meeting the Council provided staff with the following policy direction: Refinancing: The Council is willing to refinance the development and has agreed to extend the term to 30 years. Debt Reserve Equity Contribution: The Council agreed to contribute any “excess” debt reserve to the development as an equity contribution. The City will continue to retain an amount equal to one year’s debt payment in reserve. The remaining amount will be contributed to the development as an equity contribution. Based on the current refinancing plan proposed by PPL, this would result in a contribution of approximately $200,000. It should be noted that the reserve was originally funded through a Livable Communities grant from Met Council and will require their approval to utilize the funds as proposed. Equity Contribution/Capital Improvements: The Council agreed to contribute an additional $500,000 to the project either as an equity contribution to further lower the overall debt on the project or to assist with the financing of capital improvements – and/or any combination of the two. Shallow Rent Subsidy Program: The Council agreed to consider funding a shallow rent subsidy program and asked for more details about the duration of the program and how the subsidy would be phased out. Study Session Meeting of October 11, 2010 (Item No. 4) Page 2 Subject: Update on PPL/Louisiana Court Financial Plan The Council asked that staff return with a proposed plan that would structure the City’s financial contribution in a way that best meets the financial and operational needs of the development. LATEST PROPOSED FINANCIAL PLAN: Since the July 12th study session staff has worked with PPL and the other funders to prepare a refinancing plan that is consistent with the direction provided by the City Council. The new plan is summarized in the attached Sources and Uses table. It reflects updated cost estimates for any shortfall in operating expenses prior to the new financing coming on-line early next year, the City’s contributions and the grants from the other housing agencies. One of the housing agency grants, the $550,000 grant from the Minnesota Housing Finance Agency (MHFA), has not been officially awarded yet. Every indication is that PPL will be successful in securing this grant and the MHFA funds are included in the refinancing plan. The MHFA acts on PPL’s grant request at the end of October. The City’s $500,000 contribution will be used to both reduce the size of the new bond issue and increase the investment in capital improvements at LC. The new overall refinancing plan results in approximately a $1.9 million reduction in the debt carried by LC; and, at least $230,000 in capital improvements to the property. The City’s contribution will be used as needed to support the debt reduction and capital improvement amounts as noted in the refinancing plan without designating a specific funding split between the two components of the plan at his time. The Park Center TIF funds are the proposed funding resource for the $500,000 contribution. These funds are restricted for use for affordable housing related initiatives. Additional funds for building improvements may be available if operating shortfalls incurred prior to the issuance of the refinancing bonds is less than projected at this time. The shortfall projection is considered a cautious estimate. The long term strength of LC is improved by the combination of debt reduction and capital improvements incorporated in this refinancing plan. The debt service is dramatically reduced and it takes advantage of currently lower interest rates. It is hopeful that the refinancing can occur by the early part of 2011. Staff is recommending that Council endorse the overall refinancing plan as provided in this report. Shallow Rent Subsidy Program. During the July 12 Study Session the Council asked for more information on how a shallow rent subsidy program would work. The proposed rent subsidy program would provide a $200 monthly rent subsidy for up to 20 units at Louisiana Court. Details for the program are attached. Eligible participants would be current and future applicants on the Housing Authority’s Section 8 Voucher Program waiting list who meet the Section 8 Voucher Program eligibility criteria. The HA currently has over 590 applicants on the waiting list. Due to federal funding constraints, the Housing Authority has not issued a new Section 8 Voucher to an applicant off the general waiting list in almost two years. Creating a shallow rent subsidy program would be a cost effective way to provide affordable housing for up to 20 families in need while taking advantage of an available housing resource in the community. On October 1, the vacancy rate at LC was at 14% (18 units). (Program details are attached) Study Session Meeting of October 11, 2010 (Item No. 4) Page 3 Subject: Update on PPL/Louisiana Court Financial Plan Annual Rent Subsidy $200 per unit Add’l Market Rent Leveraged(approx.) 10 units $24,000 $60,000 20 Units $48,000 $120,000 *There would be an additional administrative cost of approx. $4000 - $5000. Program Duration. The program would be structured to expire after 3 years; and have annual reviews of its effectiveness. The program has the potential to create and retain affordable housing opportunities while leveraging additional rent revenues for the development. Park Center TIF funds will be the source for funding the program. Program Transition. In order to facilitate the transition from the Shallow Rent Subsidy Program back to paying market rent at the end of the three year pilot, each participant will meet with staff from PPL’s Center for Working Families for a financial information session and for introduction to the services and programs available through PPL. Based on information gathered at these two sessions, the Service Coordinator will assist the family in completing an achievement plan based on their strengths and needs to insure program participants successfully move off the subsidy program. Should a participant’s name come to the top of the Section 8 Voucher Rental Assistance waiting list while their residing at LC, they will be transitioned from the Shallow Subsidy Program to the Voucher Program. Funding Source. The Park Center TIF funds are the proposed funding resource for the Shallow Subsidy Program. VISION CONSIDERATION: Continued support of the project is consistent with the City’s visioning strategy and housing goals including the City’s commitment to providing a well maintained and diverse housing stock, strengthening neighborhoods, promoting property maintenance to foster quality housing and community aesthetic and to promote and facilitate a mix of housing types, prices and rents that maintains a balance of affordable housing for low and moderate income households. NEXT STEPS: Based on the direction received from the Council, staff will continue to work with PPL and the other funding partners to finalize the financial restructuring plan for LC. Staff will continue to consult with Ehlers & Associates and Kennedy & Graven and begin moving forward with the steps necessary to reissue the bonds, draft loan documents to facilitate the City’s financial contribution, seek Met Council’s permission to utilize the excess debt reserve funds as an additional equity contribution to the project and finalize the Shallow Subsidy Programs administrative policies. Staff will update the Council as new developments occur. Attachment: July 12 Study Session Report PPL Proposed Refinancing Plan Shallow Rent Subsidy Program Description Prepared by: Michele Schnitker, Housing Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: July 12, 2010 Agenda Item # 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: Project for Pride in Living’s (PPL) Louisiana Court (LC) Development. RECOMMENDED ACTION: No formal action at this time. As a follow-up to the study session discussion of June 14, this report provides background information to assist with the Council’s decision on whether to proceed with a number of initiatives staff is recommending the Council consider taking to improve the financial stability of LC. Proposed initiatives include refinancing the bonds for the project, establishment of a pilot shallow rent subsidy program for 10 to 20 units at LC, and the contribution of a portion of the existing debt service reserve fund (excess reserve dollars after a refinancing is completed) as an equity contribution to assist in lowering the debt on the project and support the planned rehab activities as outlined in the proposed refinancing plan submitted by PPL. The report also provides information on the Park Center TIF District related to the status of the fund and potential uses, including additional financial contributions to LC. POLICY CONSIDERATION: From a policy perspective, the City Council is being asked to consider whether or not it supports the following actions regarding the PPL/LC project. • To refinance the bonds issued for the LC project in order to take advantage of reduced interest rates now available; • To contribute excess debt service reserve funds to buy down the debt on the project; • To establish a pilot shallow rent subsidy program at LC that would provide rental assistance to current applicants on the Section 8 waiting list, and put current vacant apartment units to use and improve LC’s cash flow; • To provide for an additional equity contribution to the project and/or to provide funding to assist with project rehab needs; • To utilize Park Center TIF District Funds for the rent subsidy program, equity contribution and/or project rehab needs. BACKGROUND: The City issued General Obligation bonds to finance the purchase and renovation of LC in 2000. This was done as part of a concerted effort by the City, working with PPL, to transform LC in to a quality affordable housing asset for the community, For the most part, the initial goals of the project have been reached but the transformation of LC has continued to be a challenge financially. In 2005 and 2006, additional funding was provided from the original funders of the project to address needed capital improvements, replenish financial reserves and provide a limited number of rent Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 4 subsidies for targeted tenant populations. The City provided a $400,000 deferred loan and additional funding commitments were secured from Hennepin County, Minnesota Housing Finance Agency (MHFA) and Enterprise (Limited Partner). In 2005, the Tax Credit Limited Partnership for the development was transferred from US Bank to Enterprise and the management of the complex was transferred from PPL to an independent property management company. Enterprise has proven to be a responsive and active Limited Partner providing the project with approximately $500,000 in gap funding for operational costs over the past 5 years. In addition, Enterprise has approximately $1,000,000 set aside for further assistance with future operational costs and/or to use as an equity contribution in restructuring the future debt on the development. Although it was hoped that the 2006 stabilization initiatives would address the long term financial viability of the development, the project has continued to struggle financially. A secondary goal of the 2006 stabilization effort was to stabilize the project until 2010 when the project’s financing could be restructured and the overall debt on the project could be reduced. Current economic conditions offer an opportunity to strengthen LC financially by refinancing at a lower interest rate. In accordance with the terms of the General Obligation Bonds sold by the City to assist in financing the acquisition and rehab of the development in 2000, 2010 is the first opportunity to refinance the Bonds and lower the debt on the project. In addition to refinancing, PPL has proposed a debt restructuring plan that includes funding contributions from the County, MN Housing, the Limited Partner and the Family Housing Fund to lower the overall debt on the project and to assist in funding a limited amount of rehab. Both of these initiatives would further strengthen the financial position of the development and reduce the City’s risk and exposure going forward. At the June 14 Study Session, the Council reviewed the financial and operational status of the development and discussed the financial restructuring plan proposed by PPL. Staff endorsed the Plan recommending that the City refinance the bonds, contribute a portion of the debt service reserve and create a shallow rent subsidy program that would be targeted for use at Louisiana Court. The Park Center TIF funds are the proposed funding resource for the Shallow Rent Subsidy Program. These funds are restricted for use for affordable housing related initiatives. There was general agreement amongst the Council to refinance the current debt for a period equal to that remaining on the current bond term (20years). The Council also indicated a willingness to contribute the excess debt service reserve funds as an equity contribution. The Council indicated an interest in pursuing the idea of the Shallow Rent Subsidy Program but requested further information on program description and administration. In addition, the Council expressed an interest in providing additional funding to the project either as an equity contribution and/or funds to assist in financing rehab and capital improvements. Council directed staff to provide some financial contribution options to consider for LC as well as information on other initiatives for which Park Center funds could be utilized. Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 5 CITY FINANCIAL CONSIDERATIONS: Since 2006, the LC’s cash flow has continued to be less than anticipated. Decreased net revenues have made it impossible for PPL to meet the required 120% debt service ratio. The primary reason for the decreased revenue has been a greater number of vacancies than budgeted and higher than expected operating expenses combined with too much debt on the project. Despite the financial challenges, PPL has remained current on all debt service payments with the exception of deferring required scheduled reserve deposits. The current outstanding balance on the General Obligation Bonds is approximately $3.77 million. Staff is recommending that the Council consider taking the following initiatives to further strengthen the financial position of the development and reduce the City’s risk and exposure going forward. Debt Reduction and Refinancing Refinancing: Although it is generally agreed that the project needs a combination of debt reduction and capital improvements, limited funding prevents both issues being addressed to the extent needed. PPL’s current financial restructuring plan (see attachment) focuses on lowering the debt service on the project through equity contributions from the funding partners and a request to the City to refinance the bonds to take advantage of lower interest rates. Funding contributions are being requested from MN Housing, Hennepin County, the City (excess debt service reserve), the Family Housing Fund and the Limited Partner, Enterprise. Lacking additional funding resources, the prioritization of debt reduction over capital improvements appears to be the best plan at this time. Lowering the debt on the project would improve the development’s financial status significantly, although, this action alone does not appear to be enough to remedy the developments financial deficit for the long-term. The combination of grants, refinancing and assistance should make it possible for Louisiana Court to cash flow for the next 10 yrs, but at a narrow margin and with not much funding for capital improvements. The combination of lowered interest rate and reduced debt will greatly improve the development’s financial stability and enhance the property’s ability to do improvements and to secure grants for improvements in the future. PPL is projecting that annual debt service payments will decrease annually from $325,000 to $140,000. The refinancing model that staff is presenting to Council assumes a 20 year term which is the remainder left on the current bonds. Enterprise has asked that the City consider extending the term on the new bond issuance to 25 or 30 years. Extending the term of the bond is another way that the City could lower the annual debt payment on the project without investing any additional funding in the project. A longer debt service would mean that instead of PPL owning the project outright in 20 years, they would still have an outstanding debt on the project for an additional 5 to 10 years. If the Council is interested in exploring a longer term, staff would suggest we ensure that there is an opportunity for the City to require a transfer of the ownership if the project does not meet operational expectations. Extending the term would compound the annual decrease in debt payments that would result from an additional equity contribution to the project to further lower the overall debt. Refinancing will trigger the required payoff of the $400,000 deferred loan between PPL and the City. Staff recommends that the payoff be subordinated at this time with the balance of the loan remaining in place. Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 6 From the City’s position as the first mortgagee, reissuance of the bonds at a lower interest rate and contribution of the excess debt service reserve funds is a low cost way for the City to assist Louisiana Court with the current financial situation. Refinancing at a lower debt amount will further reduce the City’s risk as the first mortgage holder, offering further protection of the City’s investment. Firm funding commitments have been received from Hennepin County and the Family Housing Fund. MN Housing’s grant application deadline is mid June with funding awards scheduled to be announced in October. Enterprise, the Limited Partner, will make a decision regarding their use of the approximately $1,000,000 after the City and MN Housing decide how to proceed. Unless bonds rates start to increase, refinancing will occur in the fall following the funding decision by MN Housing. Debt Service Reserve Contribution: Refinancing at a lower total debt reduces the amount of debt service reserve required and makes it possible for the City to contribute a portion of the existing debt service reserve as an equity contribution. Currently, the balance in the debt service reserve, $325,000, is equal to one year of bond payments. Following the refinancing, the annual debt service payment will decrease to approximately $140,000. The City will continue to retain a reserve equal to one year of debt service payments, freeing up approximately $185,000 to be used as an equity contribution to the project. Permission to use these excess funds as an equity contribution will require authorization from Metropolitan Council since the debt reserve fund was originally capitalized with Livable Community Grant funds. Equity/Rehab Financial Contribution: As previously mentioned, the project would benefit from a combination of debt reduction and capital improvements but limited funding prevents both issues being addressed to the extent desired. Debt reduction over capital investment appears to be the best plan at this time but additional investment in capital improvements will be needed over the next 10 years to address ongoing maintenance/rehab needs and to implement upgrades required to maintain and improve marketability. Although, implementation of PPL’s plan will greatly improve the financial stability of the project, it is the City’s objective that the development be successful, financially self sufficient and able to meet future operational, rehab and capital improvement financial commitments. To further support this objective and enhance the likelihood of this being accomplished, the City could consider an additional financial contribution to the project to further reduce the debt and/or to fund rehab and capital improvements focused on operational expenses and increasing marketability of the development. Under the current Plan proposed by PPL, the combination of grants, refinancing and assistance should make it possible for LC to cash flow for the next 10 years, but at a narrow margin and with not much funding for capital improvements. With an additional contribution from the City, the annual debt service would be further reduced and cash flow would improve. Improved cash flow would provide PPL with the financial means to address ongoing maintenance and rehab needs. An additional financial contribution to address identified rehab needs and upgrades in the units could improve the marketability of the development. This in turn would lower the vacancy, increase rent revenues, improve cash flow and further improve the financial status of the development. Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 7 If the City Council were interested in this approach, staff proposes the City consider an additional $200,000 – 500,000 in equity contribution. From a practical standpoint, it should be noted that once the bonds are refinanced the call date on the bonds will be reset and it will be for another 10 years before the next opportunity to refinance. For this reason, the staff would propose that an equity contribution to further reduce the debt service be a priority. Each $100,000 reduction in debt translates into an annual debt service reduction of approximately $6,800. Providing an additional $350,000 equity contribution would result in a lower annual debt service payment similar to that which would be accomplished by extending the term of the bonds for an additional 30 years versus the 20 years being proposed. The City’s contribution to debt reduction could be provided by expansion of the City’s existing deferred loan from $400,000 to $750,000. PPL’s plan proposes $124,509 for capital improvements. Funding will be used primarily to upgrade kitchens and bathrooms, replace fuse boxes with circuit breakers and replace doors and millwork as funds allow. In an effort to address marketability and lower vacancy, PPL is in the process of upgrading 6 of the units that are currently vacant. Although the cost to rehab the units varies, depending on each unit’s particular needs and previous rehab, PPL estimates the average cost to thoroughly update a unit at approximately $12,000. If the City Council was interested, staff recommends that the Council consider providing funding to assist in the effort to rehab vacant units to improve marketability. As of June 1, the development had 23 vacant units. A financial contribution of $120,000 would rehab approximately 10 units. Funds in the refinancing plan designated for capital improvements will rehab several additional units. As vacancy decreases and cash flow improves, PPL will continue to update and rehab units as turnovers occur. At least one of the funders has also indicated a potential to access future funds to continue this effort to upgrade units. If funding allows, efforts will also be made to improve occupied units to enhance retention of existing residents. Staff is proposing that Park Center TIF funds be the resource for funding the equity contribution and/or to fund additional rehab at the development. The funding could be provided in the form of a grant or a deferred loan. Equity Contribution Estimated Annual Debt Service Savings 0 $140,000 0 $100,000 $133,200 $6,800 $200,000 $126,400 $13,600 $300,000 $119,600 $20,400 $400,000 $112,800 $27,200 $500,000 $106,000 $34,000 Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 8 Revenue Enhancement/Affordable Housing Shallow Rent Subsidy Several other initiatives could be used to further stabilize the project. They have the potential to create and retain affordable housing opportunities while leveraging additional rent revenues for the development. Staff is recommending that the City develop, fund and implement a shallow rent subsidy program that would provide a $200 monthly rent subsidy for 10 to 20 units at Louisiana Court. Eligible participants would be current and future applicants on the Housing Authority’s Section 8 Voucher Program waiting list. The HA currently has over 580 applicants on the waiting list. Due to federal funding constraints, the Housing Authority has not issued a new Section 8 Voucher to an applicant off the general waiting list in almost two years. Creating a shallow rent subsidy program would be a cost effective way to provide affordable housing to 10 to 20 families in need while taking advantage of an available housing resource in the community. In June, the vacancy rate at LC was at 18% (23 units). (Program details are attached) Annual Rent Subsidy $200 per unit Add’l Market Rent Leveraged(approx.) 10 units $24,000 $60,000 20 Units $48,000 $120,000 *There would be an additional administrative cost of approx. $4000 to $5000. Funding for the program would be provided by the Park Center TIF district funds. Staff is proposing that the program be operated as a 3 year pilot at LC with the potential to expand in the future, after careful evaluation, to other developments throughout the City. The Program outline is attached. Staff is also exploring the possibility of converting the twelve Hollman Public Housing units at Louisiana Court to Project Based Section 8 Rental Assistance. Authorization from HUD to convert the units requires a very lengthy application process so this is not an immediate solution to the revenue shortfall but a conversion could result in approximately $55,000 in additional rent revenue. PARK CENTER TIF: The Park Center TIF district was created in 1997 and will expire on December 31, 2023. As of December 31, 2010, the fund balance in the district was $771,361. The estimated annual tax increment generated from the district is approximately $120,000. The district has the potential to generate an additional $1,560,000. Total TIF generated from the district will be approximately $2,331,000. The increment may be used to pay eligible costs for “housing projects” anywhere within the City limits intended for occupancy by low and moderate income families. Attached is a memo from Stacie Kvilvang, Financial Consultant, with a detailed description of eligible uses of the increment. Each year the City’s budget includes funding for a variety of housing related programs focused on promoting housing preservation, expansion and homeownership. The majority of these programs are income restricted and would be eligible for funding from the Park Center TIF District. Last year the City expended approximately $310,000, not including loans and staff salaries, for housing related programs. The primary source of funding for these programs is the Housing Rehab Fund. Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 9 The Park Center TIF funds could be utilized to assist in financing some of these program activities reducing the need to use Housing Rehab funds. The current fund balance in the Housing Rehab fund is $468,000 and annual fund revenues are approximately $500,000. Revenues coming into the Housing Rehab Fund are derived from the 1/8 of 1% fee the City charges on private activity revenue bonds the City has issued over time. It should be noted that there are other expenses unrelated to the housing programs charged to the Housing Rehab Fund annually. It also should be noted that the Park Center TIF funds can be used this year and next for the City’s Construction Assistance Program. This is a special short term economic stimulus program authorized by the state as a means to create jobs now. FUTURE: The viability of LC as a vital community asset and attractive affordable housing option for the residents of St. Louis Park is dependent on its long term financial strength. When the City partnered to redevelop LC ten years ago, the City took the unusual step of issuing General Obligation Bonds to assist in financing the acquisition and rehab of the development. The City supported the project concept and determined that rehabbing and retaining this development as an affordable housing resource was a worthwhile endeavor. At the same time, the Council didn’t envision that the City would need to provide ongoing subsidy to sustain the development. The Plan proposed by PPL should make it possible for LC to cash flow for the next 10 years. However, considering the on-going challenges of making LC work financially and the inability of this project to generate funds for PPL, it seems that at some point it might be better for both PPL and the City (as mortgage holder) if PPL were to be out from under the burden of responsibility for the real estate and focus instead on the mission of helping residents. Staff is proposing that any re-issuance of G. O. Bonds should also include a requirement to adhere to certain performance standards that insure LC is well maintained and well managed during the life of the bonds and, that the City have the right to initiate a transfer of the property to a new owner should the City determine a change in ownership is in the best interest of the community. Performance standards will include a requirement to meet all financial requirements as noted in the bond documents including, meeting a minimum debt service coverage ratio, making required reserve contributions, meeting minimum occupancy rate thresholds, City staff will work with Ehlers and Associates and Kennedy and Graven to make certain that “performance conditions” will be included as part of the refinancing agreement to ensure that there is an opportunity to explore an ownership transfer in the future if warranted. The owner of LC needs to be able to take full financial responsibility for the development, whether that means being able to operate LC continually at a loss in service of a greater mission; or, selling LC to a non profit housing developer whose primary mission is affordable housing; or, returning the development to private ownership as modest priced market rate housing. Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 10 VISION CONSIDERATION: Continued support of the project is consistent with the City’s visioning strategy and housing goals including the City’s commitment to providing a well maintained and diverse housing stock, strengthening neighborhoods, promoting property maintenance to foster quality housing and community aesthetic and to promote and facilitate a mix of housing types, prices and rents that maintains a balance of affordable housing for low and moderate income households. NEXT STEPS: Based on the direction received from the Council, staff will continue to work with PPL and the other funding partners on the financial restructuring plan for LC. Staff will continue to consult with Ehlers & Associates and Kennedy & Graven to determine steps needed to reissue the bonds and to ensure that steps are taken to safeguard the City’s interest. Staff will keep the Council updated as new developments occur. Attachment: PPL Proposed Refinancing Plan: 20 Year Term PPL Proposed Refinancing Plan: 30 Year Term Ehlers TIF Use Memo Shallow Rent Subsidy Program Outline Prepared by: Michele Schnitker, Housing Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 11 Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 12 Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 13 Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 14 Shallow Rent Subsidy Program: Outline Eligibility: Households who have an active application on St. Louis Park HA’s Section 8 Voucher waiting list. Participants need to meet Section 8 Voucher participant program eligibility requirements. Participation in the Shallow Subsidy Program will not impact the applicant’s placement on the Section 8 Voucher waiting list. Tenant Selection Process: HA responsibility: All applicants on the Section 8 Waiting List will have an opportunity to place their name on the Shallow Subsidy Program waiting list regardless of where they live now. Applicants on the list will be placed in order of their Section 8 application date and preferences. Final eligibility will be determined when an applicant comes to the top of the waiting list. The rent subsidy will be offered to interested eligible applicants in the order of placement on the waiting list based on the unit size available. Eligible applicants must meet the HA’s Section 8 occupancy standards for family size and composition as outlined in the HA’s Administrative Plan. Eligible applicants will be forwarded to PPL for further non- income screening. PPL responsibility: PPL will be responsible for screening applicants in accordance with their occupancy policies. Participants must meet PPL’s tenant screening criteria, including criminal background checks. Rent Subsidy: The HA will determine rental eligibility based on the policies and procedures applied to the Section 8 Voucher program. The HA will calculate 30% of the tenants gross adjusted monthly income. The participant will receive a Shallow Rent Subsidy equal to the difference between the rent and 30% of the tenant’s gross adjusted income up to a maximum of $200 per month. Resident income recertification will be completed annually by the Section 8 Manager in accordance with Housing Choice Voucher program. The updated rent calculation will be completed to ensure that tenant income is within program guidelines. Resident rent portion increases will require a thirty-day notice of increase. Resident portion decreases will become effective the first of the month following completion of the recertification. Interim adjustments will be calculated when there is an income source change or an income increase that would change the subsidy amount. Income decreases have no minimum threshold. Annual certification will be completed on the household anniversary date. Program Duration: Staff is proposing that the program be operated as a 3 year program at Louisiana Court (LC). A careful evaluation of the program at Louisiana Court would be done annually and the program would only be continued with Council approval. If the program proves successful at Louisiana Court, the City Council could consider using the program elsewhere too Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 15 Transition Plan: In order to facilitate their transition from the Shallow Rent Subsidy Program and resume paying market rent at the end of the three year pilot, each participant will meet with staff from PPL’s Center for Working Families for a financial information session and for introduction to the services and programs available through PPL. Based on information gathered at these two source sessions, the Service Coordinator will assist the family in completing an achievement plan based on their strengths and needs. Unit Inspection Procedures: Move-In / Move-Out Inspections: An independent, HQS inspection will be completed prior to move-in. The cost will be borne by Shallow Rent Subsidy rental assistance fund. Furthermore, the Property Manager will conduct a unit inspection with each resident at time of move-in and will complete Apartment Inspection Form to record inspection results in accordance with their project policies. Termination Process: Termination of residency for reasons other than nonpayment of rent will only occur if the resident is unable or unwilling to comply with the lease agreement, house rules and regulations despite repeated and consistent interaction with PPL’s Service Coordinator and/or Property Manager. In the event that a resident violates the terms of the lease and the Property Manager deems that termination of residency is necessary as a result, a standard Notice to Vacate will be sent to the resident which will specify the date on which the resident is expected to vacate. In the event that the resident fails to vacate the premises by the specified date, the Property Manager may file for Unlawful Detainer with Hennepin County and seek to have the resident evicted. Funding Source: Park Center TIF Study Session Meeting of October 11, 2010 (Item No.4) Subject: Update on PPL/Louisiana Court Financial Plan Page 16 Meeting Date: October 11, 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: City Council Governance Model and Norms. RECOMMENDED ACTION: Not Applicable. POLICY CONSIDERATION: To be determined. BACKGROUND: This item has been placed on the Study Session Agenda to allow for a discussion on the City Council’s working relationship, governance model and norms. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: October 11, 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/Meeting Check-In (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: October 11, 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: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South. RECOMMENDED ACTION: No action is required at this meeting. This report is being provided to update the City Council on the status of this previously approved purchase. Please let staff know of any questions or concerns that you might have. POLICY CONSIDERATION: The proposed purchase is consistent with the City’s Strategic Direction and housing goal to provide more affordable single family home ownership opportunities in the City. BACKGROUND: The City Council approved the purchase of the tax forfeited parcel at 2944 Brunswick at the September 7, 2010 meeting. The purpose of the purchase was to sell the vacant home to West Hennepin Affordable Housing Land Trust – Homes Within Reach (HWR) for development of an affordable housing opportunity. HWR has requested the City consider an adjustment to the original acquisition plan. HWR would like the City to purchase 2944 Brunswick Ave S and then sell it to Greater Metropolitan Housing Corporation (GMHC) instead of selling directly to HWR. GMCH will rehab the home over the winter. HWR would then purchase the home from GMHC in the spring and proceed with selling to a qualified low-income family. This approach will ease HWR’s cash-flow constraints by decreasing their holding costs during the rehab period. This change will require the City Council to adopt a new resolution to take into consideration this change. This modification will produce the same outcome as the original plan – an additional affordable ownership opportunity. It would also better meet cash-flow needs for HWR, and allow this project to proceed without delay. GMHC’s mission is to preserve, improve and increase affordable housing for low and moderate income individuals and families, assist communities with housing revitalization as well as create and carryout demonstration projects. GMHC has been active in singe family home rehab since the early 1970s, and HWR has successfully used them as a developer on other single family home rehabs. An amendment to the resolution approving the purchase and resale of the property will presented to the City Council at its October 18 meeting. Study Session Meeting of October 11, 2010 (Item No. 7) Page 2 Subject: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South FINANCIAL OR BUDGET CONSIDERATION: This proposed amendment does not alter the City’s financial contribution to this project. This proposal is consistent with budgeted funds: Housing Rehab Fund (HRF) has budgeted $50,000 to assist HWR with acquisition of two properties in 2010; and has established a $100,000 line of credit for HWR; and an additional $20,000 of 2010 CDBG funds has been allocated for HWR. The total cost to the City will be $45,000 less what the City receives from the County sale. The City’s net cost is projected to be between $11,000 -$28,000. VISION CONSIDERATION: Acquisition and rehab of a tax forfeited, vacant, substandard home for an affordable ownership opportunity is consistent with the City Council’s Strategic Direction to provide a well maintained and diverse housing stock and the related Focus Area to work towards affordable single family home ownership throughout the City. Attachments: Proposed Amended Resolution September 7, 2010 City Council Report Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Study Session Meeting of October 11, 2010 (Item No. 7) Page 3 Subject: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South PROPOSED AMENDMENT TO RESOLUTION NO. 10-092 RESOLUTION APPROVING DESIGNATION OF NONCONSERVATION LAND SHOWN ON CLASSIFICATION LIST “1528 C/NC” BY BOARD OF COUNTY COMMISSIONERS OF HENNEPIN COUNTY 2944 BRUNSWICK AVENUE SOUTH WHEREAS, the City Council of St. Louis Park has received from the County Auditor of Hennepin County a list of lands in said City which became the property of the State of Minnesota for nonpayment of taxes and said list has been designated as Classification List “1528 C/NC”; and WHEREAS, the parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County as nonconservation land; WHEREAS, as City requests acquisition of said property for redevelopment of an affordable single family owner occupied home contingent upon sale to Greater Metropolitan Housing Corporation, who will complete renovations and sell to West Hennepin Affordable Housing Land Trust – Homes Within Reach Program; WHEREAS, Hennepin County has provided a purchase cost of $87,915 which includes $85,000 for the property, $2,550.00 for assurance fee, $25.00 for State Deed Preparation, $51.00 for recording fees and $289.00 for the State Deed Tax; NOW THEREFORE BE IT RESOLVED by the City Council, pursuant to Minnesota Statutes 1949, Section 282.01, Subd. 1, that the Board’s classification of land as nonconservation described in said list is approved, and the City is requesting acquisition of said property: Include Adjacent ½ of Alley Vac Lot 012, Block 020 “Park Manor Hennepin County Minn” PID 09 117 21 33 0176 2944 Brunswick Avenue South St. Louis Park, MN 55416 and, staff is authorized to prepare and execute such documents as are necessary to sell the property to Greater Metropolitan Housing Corporation West Hennepin Affordable Housing Land Trust – Homes Within Reach for $87,915. Reviewed for Administration: Adopted by the City Council September 7, 2010 City Manager Mayor Attest: City Clerk Study Session Meeting of October 11, 2010 (Item No. 7) Page 4 Subject: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South Meeting Date: September 7, 2010 Agenda Item # Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Tax Forfeited Property Purchase from Hennepin County at 2944 Brunswick Avenue South. RECOMMENDED ACTION: Motion to adopt resolution approving designation of nonconservation land shown on Classification List “1528 C/NC” by Board of County Commissioners of Hennepin County for the property at 2944 Brunswick Ave South and approving acquisition of property for $87,915.00. POLICY CONSIDERATION: Does the City Council wish to approve the purchase of this tax forfeited single family home to facilitate the rehabilitation of the home and make it available for owner occupied affordable housing purposes? The purchase and rehabilitation of this substandard single family home in partnership with West Hennepin Affordable Housing Land Trust/Homes Within Reach (HWR) meets the City’s Strategic Direction and housing goal to provide more affordable single family home ownership opportunities in the city. BACKGROUND: County Tax Forfeit Process: On July 1, 2010, Hennepin County notified the City that the property at 2944 Brunswick Ave was tax forfeited for nonpayment of taxes. The property is a vacant home in substandard condition. The owner of this property has been notified by Hennepin County of the forfeiture, and has not remedied nonpayment of taxes. Whenever property goes tax forfeit in Hennepin County, the County advises the city where the property is located. Cities have the option of requesting a tax deed for the property for a public purpose, requesting a nonpublic sale to the city, or authorizing the County to sell the property at auction. The County also requests the city confirm by resolution the classification of the property as Non-Conservation (i.e. not a wetland, lake, etc.). If the city desires to acquire the property, Hennepin County requires a resolution approving designation of tax forfeit land as non-conservation and requesting its purchase in order for it to be sold for development. Cities have period of time in which to respond; the deadline for responding on the 2944 Brunswick Ave property is September 10, 2010. Study Session Meeting of October 11, 2010 (Item No. 7) Page 5 Subject: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South Approval of the resolution does not commit the City to purchase the property, as there is a contingency statement that the City’s acquisition is contingent upon the City’s sale of the property to HWR. Property Information This home has been vacant since early 2009, during which time the exterior and lawn have been maintained. It is a one and one half story, with two plus bedrooms, one bath and a tuck under garage. It has a relatively new retaining wall, furnace and A/C. The front steps are deteriorated, and there is water damage in the basement due to a burst water pipe. The estimate market value in 2009 was $205,100 Potential for Redevelopment as Single Family Affordable Home Ownership: City staff has researched and reviewed this property along with County and HWR staff. The proposed scope of improvements would include interior rehab, minor modification to the floor plan and gutting the basement, along with new windows, siding, front steps and miscellaneous work. The estimated rehab cost is $75,000. Staff recommends this home as a candidate for purchase and sale to HWR. The total cost of acquisition at $87,915 and rehab at an estimated $75,000, will be just over $160,000. The estimated 2009 land value is $64,700, so HWR will be able to sell this home to a qualifying low income family for approximately $100,000. The City has successfully partnered with HWR to develop seven affordable owner occupied homes. HWR is a program of West Hennepin Housing Land Trust that purchases homes and sells them to low income homeowners. Buyers pay for the cost of the building only and lease the land for 99 years. The land trust model ensures long-term affordability of the homes. In addition to affordable mortgages, HWR provides extensive and ongoing financial counseling and homeownership training for their homebuyers. Purchase Price to the City The County’s sale price to the City is $87,915; the County’s appraisal of August 26, 2010, states a value of $85,000; and there is an additional $2,915 in assurance and transfer fees. Only Study Session Meeting of October 11, 2010 (Item No. 7) Page 6 Subject: Update on Tax Forfeited Property Purchase - 2944 Brunswick Avenue South municipalities are authorized to purchase tax forfeit properties in this manner, so the City would purchase the parcel from the County and sell to HWR for the same amount. Using allocated and budgeted CDBG and Housing Rehab Funds the City would contribute $45,000 to this project, which includes $10,000 that has been budgeted for purchasing vacant, bank, or publicly owned properties. HWR will fund the remaining acquisition and all the rehab costs. See table below. Sources and Use – Purchase and Rehab of 2944 Brunswick Source Use Amount 2010 Allocated CDBG Funds Acquisition $10,000 2010 CDBG Funds – vacant, publicly owned Acquisition $10,000 Budgeted City Housing Rehab Funds Acquisition $25,000 HWR Acquisition $42,915 HWR Rehab $75,000 TOTAL $162,915 The City would also provide a line of credit of up to $50,000 to assist HWR with holding costs until they sell the home, at which time the City would be reimbursed. A beneficial aspect of purchasing this property is that the County is required to share the proceeds from the land sale, less their administrative costs, so the City should yield between $17,000 - $34,000 re-payment from the County in 2011 for this sale. Next Steps: Upon passage of this resolution, the City will purchase the property from the County and enter into a purchase agreement with HWR to purchase the property. Over the next several months HWR will rehab the home and work with a qualifying family to purchase the home. FINANCIAL OR BUDGET CONSIDERATION: This proposal is consistent with budgeted funds: Housing Rehab Fund (HRF) has budgeted $50,000 to assist HWR with acquisition of two properties in 2010; and has established a $100,000 line of credit for HWR; and an additional $20,000 of 2010 CDBG funds has been allocated for HWR. The total cost to the City will be $45,000 less what the City receives from the County sale. The City’s net cost is projected to be between $11,000 -$28,000. VISION CONSIDERATION: Acquisition and rehab of a tax forfeited vacant substandard home for an affordable ownership opportunity is consistent with the City Councils Strategic Direction to provide a well maintained and diverse housing stock and the related Focus Area to work towards affordable single family homeownership throughout the City. Attachments: Resolution Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting Date: October 11, 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: Hennepin County Environmental Response Fund (ERF) Grant Application for 2005 Louisiana Ave. South. RECOMMENDED ACTION: No action is required at this meeting. This report is being provided to inform the City Council of proposed steps to facilitate, if necessary, the construction of a single family home on property sold by the City. A resolution supporting an ERF application to Hennepin County to assist with clean up of this single family vacant parcel may be presented at the October 18, 2010 Council meeting. POLICY CONSIDERATION: Does the City support a grant application for clean-up funds (if needed) for development of a single family home on this vacant excess land parcel? BACKGROUND: The City sold the 2005 Louisiana Ave S excess vacant parcel to Shawn Smith on March 31, 2010 for $20,000. The parcel was sold “as is” with disclosure of known soil conditions including evidence of construction debris. The bullet points below describe the current status: • Since March, the owner submitted all required permit applications and had begun site excavation in May 2010. • Upon seeing the extent of the construction debris, the owner halted the project and has spent the summer exploring options for how to proceed. • In September 2010, the owner requested and received County assistance to conduct Phase I and Phase II environmental assessments to determine if the site is contaminated. • The Phase II environmental assessment results should be known by late October. • If the Phase II assessment reveals contaminates that meet criteria for County Environmental Response Funds (ERF), an application could be submitted by the land owner/City by November 1, 2010. • The County awards Environmental Response Funds (ERF) to developers and cities to assist with cleaning-up polluted sites. ERF applications are due annually on May 1 and November 1. • The ERF application requires a resolution from the City supporting the request for assistance for the land owner. Timing is an issue. Since the Phase II environmental assessment results won’t be known until late October, and the application is due November 1, staff is recommending that a resolution supporting the grant application be approved contingent upon findings that necessitate ERF clean-up. Study Session Meeting of October 11, 2010 (Item No. 8) Page 2 Subject: Hennepin County Environmental Response Fund (ERF) grant application for 2005 Louisiana Ave. S. In the event the site is eligible for ERF assistance, the City would assist the owner in completing the ERF application to be submitted on November 1. Pending a grant award, the owner would then proceed with building the single family home in spring 2011. The County has indicated they would be supportive of the application if clean-up is required. In the event the site is not contaminated, the owner will bear the costs of excavation and removal of construction debris. FINANCIAL OR BUDGET CONSIDERATION: There is no cost to the City for the ERF application and clean-up. VISION CONSIDERATION: Construction of single family homes for families is consistent with the City’s Vision, Strategic Directions and Housing Goals. Attachment: Draft City Resolution Supporting ERF Application Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Study Session Meeting of October 11, 2010 (Item No. 8) Page 3 Subject: Hennepin County Environmental Response Fund (ERF) grant application for 2005 Louisiana Ave. S. RESOLUTION NO. 10-____ RESOLUTION SUPPORTING ENVIRONMENTAL FINANCIAL GRANT APPLICIATON TO HENNEPIN COUNTY BE IT RESOLVED that pending Phase II Environmental Assessment findings requiring pollution clean-up, the City of St. Louis Park supports the environmental financial grant application submitted to the Hennepin County Department of Environmental Services on November 1, 2010 by the City and Mr. Shawn Smith for the 2005 Louisiana Avenue South site. Reviewed for Administration: Adopted by the City Council September 7, 2010 City Manager Mayor Attest: City Clerk