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HomeMy WebLinkAbout2009/01/12 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA JANUARY 12, 2009 6:20 p.m. SPECIAL CITY COUNCIL MEETING, COUNCIL CHAMBERS 1. Call to Order 1a. Pledge of Allegiance 1b. Roll Call 2. Resolutions, Ordinances, Motions and Discussion Items 2a. Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements (Case No. 08-39-VAC). Recommended Action: • Mayor to close public hearing. • Motion to approve First Reading of Ordinance vacating easements for the Ellipse on Excelsior redevelopment and set the Second Reading of Ordinance for January 20, 2009 3. Adjournment 6:30 p.m. CITY COUNCIL STUDY SESSION, COUNCIL CHAMBERS Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning – January 20, 2009 and January 26, 2009 2. 6:35 p.m. Conditional Use Permits for Institutional Uses in Residential Districts 3. 7:05 p.m. Greco Development’s Preliminary TIF Application for the redevelopment of the southeast corner of 36th Street and Wooddale Avenue 4. 7:35 p.m. Utility Rate Study 5. 8:20 p.m. 2009-2013 Capital Improvement Plan 6. 9:20 p.m. Communications (Verbal) Written Reports 7. Highway 7 / Louisiana Avenue Interchange Project Update 8. Highway 7 / Merge Lane Modifications at Blake Road 9. Update on Contract for Development of Vacant City Lot located at 5609 Wood Lane 9:30 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. Meeting Date: January 12, 2009 Agenda Item #: 2a Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: SPECIAL EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements (Case No. 08-39-VAC). RECOMMENDED ACTIONS: • Mayor to close public hearing. • Motion to approve First Reading of Ordinance vacating easements for the Ellipse on Excelsior redevelopment and set the Second Reading of Ordinance for January 20, 2009. POLICY CONSIDERATION: Is there a need for the easements proposed to be vacated? BACKGROUND: The Ellipse on Excelsior redevelopment site is located on the northwest corner of France Avenue and Excelsior Boulevard. It includes nine lots addressed 3900, 3912, 3920 Excelsior Boulevard; 3409, 3413, 3417 Glenhurst Avenue South; and 3408, 3412, 3416 France Avenue South. City Council approved a preliminary plat and preliminary planned unit development (PUD) for a mixed use building on the property. A condition of those approvals was successful applications to vacate existing easements on the property. City Council approved vacation of six other easements on the site to accommodate the Ellipse on Excelsior redevelopment. Two more easements still need to be vacated. This request includes vacation of two 2-foot wide easements along the north line of Excelsior Boulevard. The easements are for street, roadway, pathway, watermain, drainage and utility purposes. The applicant made the request because proposed staircases from the first floor apartment units encroach into the easements. This request was not processed with the previous vacation requests because staff had not concluded discussions with Hennepin County. It has been determined that the easements are to the benefit of the City, and the City may vacate the easements. Hennepin County does not oppose the vacation. Other utility companies were notified of the request. The City did not receive any objections. It is City policy to prohibit permanent structures from encroaching on public right-of-way (easements in this case). Based on the location of existing utilities and the proposed redevelopment plan, the City does not need the two easements. Easement vacations are approved by ordinance. The vacation requires a public hearing by the City Council and a second reading at a future council meeting. Meeting of January 12, 2009 (Item No. 2a) Page 2 Subject: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements The 2-foot wide easements were originally put in place to facilitate Excelsior Boulevard streetscape improvements. The Ellipse on Excelsior redevelopment will include five feet of landscaping adjacent to the Excelsior Boulevard sidewalk, interrupted by seven staircases, that encompasses the easements to be vacated. The developer and staff appreciate the City Council’s willingness to hold a special meeting to consider this matter. Final action on zoning and financial participation for the Ellipse on Excelsior project is scheduled for January 20, 2009. The ordinance to vacate the remaining two easements requires two readings. In order for the second reading to coincide with the January 20, 2009 meetings a special meeting was needed. Completing all City approvals by January 20, 2009 is important for the developer to begin the HUD financing application process and maintaining the proposed construction schedule. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. Attachments: Proposed ordinance Map of easements to be vacated Prepared by: Sean Walther, Senior Planner Reviewed by: Meg McMonigal, Planning & Zoning Supervisor Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of January 12, 2009 (Item No. 2a) Page 3 Subject: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements ORDINANCE NO._____-09 AN ORDINANCE VACATING STREET, ROADWAY, PATHWAY, WATERMAIN, DRAINAGE AND UTILITY EASEMENTS AT 3900, 3912 and 3920 Excelsior Boulevard THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. A petition in writing signed by a majority of all of the owners of all property abutting upon both sides of the easements proposed to be vacated has been duly filed. The notice of said petition was published in the St. Louis Park Sailor on January 1, 2009 and the City Council conducted a public hearing upon said petition and determined that the easements are not needed for public purposes, and that it is for the best interest of the public that said easements be vacated. Section 2. The easements described on attached Exhibits “A” and “B” as now dedicated and laid out within the corporate limits of the City of St. Louis Park, are vacated. Section 3. The City Clerk is instructed to record certified copies of this ordinance in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. Section 4. This Ordinance shall take effect upon relocation of the utilities and recording of the ELLIPSE ON EXCELSIOR final plat with Hennepin County, but not less than fifteen days after its publication. First Reading January 12, 2009 Second Reading January 20, 2009 Date of Publication January 29, 2009 Date Ordinance takes effect February 13, 2009 Adopted by the City Council January 20, 2009 Reviewed for Administration City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney Meeting of January 12, 2009 (Item No. 2a) Page 4 Subject: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements EXHIBIT “A” Description of Easement to be Vacated That particular roadway, pathway, drainage, watermain and utility easement originally dedicated in Document Number 6718584, Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows: The Southeasterly 2.00 feet of the following described tract of land: That part of the Northeast ¼ of the Southeast ¼ of Section 6, Township 28 North, Range 24 West of the 4th Principal Meridian, described as follows: Commencing at a point on the Southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota” which point is 50 feet Northwesterly at right angles from the center line of Excelsior Avenue also known as U.S. Trunk Highway #169, thence Southwesterly parallel with the center line of Excelsior Avenue a distance of 30 feet to the actual point of beginning of the tract to be described, thence Northwesterly along a line drawn at right angles to said Excelsior Avenue, a distance of 190 feet; thence Southwesterly parallel with the center line of Excelsior Avenue a distance of 140 feet; thence Southeasterly along a line drawn at right angles to Excelsior Avenue a distance of 190 feet to a point 50 feet Northwesterly at right angles from the center line of said Excelsior Avenue; thence Northeasterly parallel with said center line 140 feet to the actual point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. The Northwesterly 2.00 feet of the Southeasterly 19.00 feet of both Lots 7 and 8, Block 5, Minikahda Oaks, Hennepin County, Minnesota, according to the recorded plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Also the Southeasterly 2.00 feet of the following described tract of land: That part of the Northeast ¼ of the Southeast ¼ of Section 6, Township 28, Range 24 described as follows: Commencing at a point on the Southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota: which is distant 50 feet at right angles from the centerline of Excelsior Avenue; thence Southwesterly parallel with said center line of Excelsior Avenue 30 feet; thence Northwesterly at right angles to Excelsior Avenue 190 feet to a point on the centerline of Greeley Avenue extended Southerly; thence at an angle of 48 degrees 17 minutes to the right 97 feet along said extended center line to the Southwesterly line of “Minikahda Oaks, Hennepin County, Minnesota”; thence Southeasterly 258.4 feet along last mentioned line, to beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Meeting of January 12, 2009 (Item No. 2a) Page 5 Subject: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements EXHIBIT “B” Description of Easement to be Vacated That particular street, utility and drainage easement originally dedicated in Document Number 6733685, Office of the County Recorder, Hennepin County, Minnesota, and now to be vacated, described as follows: The Northwesterly 2.00 feet of the Southeasterly 19.00 feet of Lot 6, Block 5, Minikahda Oaks, Hennepin County, Minnesota, according to said plat on file and of record in the office of the County Recorder, Hennepin County, Minnesota. Meeting of January 12, 2009 (Item No. 2a) Page 6 Subject: Ellipse on Excelsior - Public Hearing and First Reading of Ordinance Vacating Easements Map of Easements to be Vacated Meeting Date: January 12, 2009 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 – January 20, 2009 and January 26, 2009. RECOMMENDED ACTION: Council and the City Manager to set the agenda for the special study session planned for Tuesday, January 20, 2009 and the regularly scheduled study session for January 26, 2009. 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 special study session on January 20, 2009 and the regularly scheduled study session on January 26, 2009. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for January 20 and 26, 2009 Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting of January 12, 2009 (Item No. 1) Page 2 Subject: Future Study Session Agenda Planning Future Study Session Agenda Planning Tentative Discussion Items Special Study Session, Tuesday, January 20, 2009 – 6 p.m. 1. Legislative Update – Administrative Services (60 minutes) Senator Ron Latz, Representative Ryan Winker, Commissioner Gail Dorfman, and Representative Simon and the City Council will discuss St. Louis Park’s legislative priorities and the outlook for the 2009 legislative session, which started on January 6, 2009. Recess for EDA and City Council meeting, reconvene study session following Council meeting. 2. City Council Workshop Agenda Update – Administrative Services (30 minutes) Based on City Council feedback, staff has made changes to the workshop agenda and will be bringing back a revised agenda for review. Does the Council agree with the workshop agenda as revised? Tentative Discussion Items Study Session, Monday, January 26, 2009 – 6:30 p.m. 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Decision Resources Residential Survey – Administrative Services (60 minutes) Decision Resources Consultant Bill Morris will present the results of the October 2008 Residential Survey to Council. 3. Review of the MSC Site and Energy Savings Design Options – Inspections (60 minutes) Staff and consultant are returning to the Council to discuss the MSC site and energy saving options. Does the Council agree with the proposed building and site design of the MSC? If so, should staff submit these plans to the Planning Commission to amend the special permit (conditional use permit) that would allow for the expansion of the MSC? Does the Council wish staff’s consultant to incorporate additional energy saving measures into the final design of the MSC? 4. 2009 Budget– Finance (30 minutes) Staff will provide the City Council with a proposed plan to take into consideration the anticipated loss of the 2009 MVHC payment. 5. Communications – Administrative Services (10 minutes) Time for communications between staff and Council will be set aside on every study session for the purposes of information sharing. Reports: ƒ December 2008 Financial Reports – Finance ƒ Quarterly Investment Report – Finance ƒ Residential Wind Turbines – Administrative Services ƒ Domesticated Animals – Administrative Services ƒ Comp Plan Update – Community Development End of Meeting: 9:15 p.m. Meeting Date: January 12, 2009 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: Conditional Use Permits for Institutional Uses in Residential Districts. RECOMMENDED ACTION: Discuss requiring conditional use permits (CUPs) for institutional uses in residential zoning districts. POLICY CONSIDERATION: Should the Zoning Ordinance be amended to require conditional use permits (CUPs) for several institutional uses in residential zoning districts? BACKGROUND: On November 3, 2008, the City Council adopted the 1st Reading of the ordinance to require several institutional uses in residential zoning districts to be allowed only with Conditional Use Permits. On November 17, 2008 the 2nd reading of the ordinance was tabled. On December 8, 2008, the City Council asked to place this item on the January 12, 2009 Study Session for discussion. On January 5th, the Council received a written report on the ordinance provisions guiding CUPs. SUMMARY OF PROPOSED AMENDMENTS: Several institutional uses were proposed to be changed to require a conditional use permit (CUP) in residential zoning districts. These uses are currently allowed either under “permitted” or “permitted with conditions,” meaning the use and/or building permit may be approved administratively by staff. A CUP requires a public hearing and notification of property owners within at least 350 feet of the parcel. The uses under consideration to be allowed by CUPs in residential districts were: ƒ Community Centers ƒ Schools ƒ Religious Institutions ƒ Libraries ƒ Police/Fire Stations ƒ Bed and Breakfasts ƒ Transit Stations ƒ Nursing Homes ƒ Group day care/nursery schools The intent was that all existing standards and requirements for these uses would remain in place. Meeting of January 12, 2009 (Item No. 2) Page 2 Subject Conditional Use Permits for Institutional Uses in Residential Districts ANALYSIS: A Conditional Use is a use that is permitted in a district only upon issuance of a Conditional Use Permit (CUP) by the City Council. The land use is generally considered an appropriate use for the zoning district in question; however, specific proposals are reviewed in more detail through the CUP process to ensure compatibility with the existing neighborhood. Reasonable conditions may be placed on the use to minimize any potential adverse impacts on the community. Regardless of the zoning district, Conditional Use Permits are also required for excavation or fill of over 400 cubic yards and for certain uses and fill in the floodplain. A CUP requires notification of property owners within 350 feet of the site, and a public hearing held by the Planning Commission. The Planning Commission makes a recommendation to the City Council. City Council approval is by a resolution for the permit. The purpose of a CUP is to allow an extra layer of review, including an opportunity for formal neighborhood input and to add reasonable conditions to the use. The CUP process takes approximately three months time. A limitation of the CUP process is that “conditional uses” are allowed, and if a use meets the conditions in the ordinance, the city has limited discretion to deny the application. When a CUP hearing is held and neighbors are notified, it must be made clear that the applicant cannot be denied a permit simply because the neighbors do not like the use. While a CUP requires a public hearing that provides more information and opportunity to comment for the neighboring property owners, it may also give the impression that the city can discretionarily deny the use when it is in fact very difficult to do so. SUMMARY: The discussion for the City Council is whether some of the “institutional” uses in residential zoning districts should be allowed only with a CUP. This allows more information sharing in advance of a use going in, allows for public input, and gives the City Council the opportunity to add reasonable conditions to the use. The disadvantage is that with the extra review it may give neighbors the impression that the use can be simply denied. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable Attachments: None Prepared by: Meg J. McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: January 12, 2009 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: Greco Development’s Preliminary TIF Application for the redevelopment of the southeast corner of 36th Street and Wooddale Avenue. RECOMMENDED ACTION: Staff wishes to review and receive feedback from the EDA/Council on the Preliminary TIF Application for the above redevelopment project. Specific issues staff wishes to discuss include: • Proposed project and plans • Compliance with the City’s TIF Policy • Project economics/amount of TIF assistance • Next steps In summary, Greco Development has requested approximately $1 million worth of tax increment assistance to facilitate an estimated $15 million mixed-use redevelopment project at the southeast corner of 36th Street and Wooddale Avenue. This new Wooddale Pointe project is similar, yet smaller, to the one for which this Redeveloper received Final PUD approval in 2008. As a reminder, the purpose of a Preliminary TIF Application is to allow a developer to present a proposal to the EDA/Council in the initial stages of a project to determine if it merits consideration for tax increment financing. Even if the EDA/Council should direct staff to pursue the project further, the EDA/Council is not obligating itself to providing the requested assistance. POLICY CONSIDERATION: Does the EDA preliminarily support the proposed project and is it willing to consider providing tax increment assistance to facilitate the redevelopment? Background/Synopsis of Proposed Project: Greco Development has an agreement in principle with Rottlund Homes to purchase two vacant parcels totaling approximately two acres at the southeast corner of 36th Street and Wooddale Avenue. Greco is proposing to purchase the subject properties and construct a five story, mixed use, senior residential housing complex. The building would include 111 senior rental units on the second through fifth floors. Meeting of January 12, 2009 (Item No. 3) Page 2 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe The first floor of the project would be a combination of 10,000 SF of commercial space, and 21,000 SF of common area for the residents, guests, and neighborhood. More specifically it would include: the following: ‐ 10,000 SF of commercial/retail space along the 36th Street frontage and wrapping around the corner to Wooddale. ‐ Dining area for residents and guests as well as neighborhood outreach functions. ‐ Commercial kitchen. ‐ Multiple entries and lobbies for both the housing and the commercial space. ‐ Mechanical areas and electrical rooms. ‐ Delivery and loading areas. Potential commercial uses would likely include a mix of neighborhood-oriented service and retail businesses such as: organic grocer, deli/café, and hair salon. 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 would include public art. Proposed parking for the project would include 75 underground stalls and 56 surface stalls for employees, guests, and commercial customers. Greco’s proposal is similar to its previous Wooddale Pointe project except that it has 45 fewer units and, as a result, less structured parking. The senior care concept remains the same. That is, an “age in place” facility, into which seniors could move at any time and receive various levels of health services as they require. Services could be added as their health dictated. Services would range from monitoring medication 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 each individual’s health care needs may be different. The Redeveloper also plans to seek LEED certification for the project. Construction on the proposed project could commence as early as May and be completed by August 2010. The Redeveloper Arnie Gregory, Principal of Greco Development, has an extensive background in residential development. Mr. Gregory’s latest company, Greco Development, has completed eight urban redevelopment projects in the Twin Cities. Several of these projects have received Best in Real Estate Awards including Blue; the first privately-funded, green, mixed use project in Minneapolis. The firm is headquartered in Minneapolis. Conformance with Elmwood Are Land Use Study Greco Development’s preliminary site and building plans for the subject site (attached) are essentially the same as those which received PUD approval on September 15, 2008; only fewer units. As such it is consistent with the Elmwood Area Land Use, Transit & Transportation Study completed in 2003. Meeting of January 12, 2009 (Item No. 3) Page 3 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe Land Use and Zoning Requirements The subject redevelopment site is guided and zoned MX - Mixed Use. Thus, the proposed project would conform to the required land use. Given the reduced size of the project it would require a major amendment to the previously approved PUD. Property Value and Taxes The subject properties currently have a total base market value of approximately $1.6 million. The market value of the property upon redevelopment is estimated at approximately $15 million. The property taxes payable in 2008 on these same properties are $35,683. Upon redevelopment, the site would generate an estimated $251,600 in property taxes. Preliminary Conformance and Analysis under the City’s TIF Policy The proposed project meets the following housing-related goals as outlined in the city’s TIF Policy: • Provides a balanced and sustainable housing stock to meet diverse needs both today and in the future. • Promotes neighborhood stabilization and revitalization by the removal of blight and the upgrading of existing housing stock. The proposed project meets the following “Desired Qualifications” as outlined in the TIF Policy: • It creates a higher ratio of property taxes paid before and after redevelopment and provides a significant increase in tax base. • It redevelops a partially underutilized area. • The Redeveloper has preliminarily demonstrated that the project plan is not financially feasible “but-for” the use of tax increment financing. • The Redeveloper is able to demonstrate past general development capability as well as specific capability in the type and size of development proposed. In addition to the above, the proposed project could have the following additional benefits: • Intensifies the property usage at the southeast corner of 36th Street and Wooddale Avenue which is presently vacant. • Provides an attractive development at a key intersection in the city. • Incorporates sustainable building design. • Incorporates the type of Livable Communities and Transit Oriented planning principles the city wishes to see in anticipation of the future light rail station proposed across the street. • Provides an opportunity for neighborhood retail/service/professional office space. • Includes a public gathering place at the corner with an opportunity for public art. • Further diversifies the options available in the St. Louis Park housing market. • Serves as a catalyst for similar, high quality redevelopment along 36th Street and the stimulation of further private activity and investment in the Elmwood neighborhood. Meeting of January 12, 2009 (Item No. 3) Page 4 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe Grading under City’s TIF Report Card Greco Development Preliminary TIF Application was evaluated according to the City’s TIF Policy. The project was thus graded as follows: • Promotes housing for large families. The residential units in the development will cater to the demands of the market which is for smaller units. Since none of the units will have more than 3 bedrooms a grade of “F” was provided. • Provides economic integration of rental or ownership projects. Of the proposed 111 residential units none would be designated as low income; therefore a grade of “F” was provided. • Ratio of soft costs to Total Project Costs. Soft costs of the total project were estimated at $4 million or 17% of the total development costs which graded a “B”. • Ratio of private to public financing. $22,454,425 in private development costs to $1,000,000 in TIF which equals a $22.4 private / $1 public ratio which garnered an “A”. • The value of the site before and after redevelopment (factor taken from the Business & Redevelopment Report Card). Current base market value (for tax increment purposes): $1.59 million. Projected market value: $15 million. This is a ratio of $1: $9.44 which equaled an “A” on the scale. The proposed project received bonus points for: redeveloping a former blighted property, constructing a mixed-use development, seeking LEED certification, adding value to the neighborhood, incorporating Livable Communities and Transit Oriented planning principles, being located in one of the city’s targeted redevelopment areas, and having a significant community impact. Upon calculation of all applicable factors and bonus points, Greco Development’s proposed project received a final grade of “B” or “Very Good” according to the scale provided within the Policy. Preliminary Pro Forma Analysis Given the close proximity to the future light rail station, the most appropriate land use for the subject site, long term, is mixed use. The size, shape, and complexity of the subject site add to the cost of the proposed project. In addition underground parking is expensive to construct. Greco has requested approximately $1 million in tax increment assistance to offset a substantial portion of the $1.8 million of construction costs associated with the required underground parking. Meeting of January 12, 2009 (Item No. 3) Page 5 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe The Redeveloper’s latest proposal begs the question, why did the previous, larger project not require any city financial assistance and this latest, smaller project require such assistance? Greco explains that although the market study showed demand for the 154 unit project, it determined that the project’s size made it too difficult to finance. Through the course of applying for HUD financing and shopping the project to its network of equity investors over the past several months, it became apparent that with total development costs in excess of $33 million, the larger project required a level of equity that was simply no longer available from potential investors. Thus it became necessary to scale back the project’s design to a more manageable size as well as request TIF assistance for a portion of the cost. Infill, mixed use projects are always difficult. Current market conditions and new underwriting requirements make them especially challenging. Staff and Ehlers are currently reviewing Greco Development’s anticipated land costs, preliminary sources and uses statement, cash flow projections, and investor rate of return (ROR) related to the proposed project. Preliminarily it appears that the proposed project warrants assistance. The exact amount of that assistance has yet to be fully determined. Elmwood TIF District Considerations The subject parcels are currently included within the Elmwood Village TIF District. Tax increment from this district is proposed to be allocated toward partially funding the construction of the proposed Highway 7/Wooddale interchange, assuming other funding sources do not cover the gap. Last fall when projections were made relative to the tax increment stream from the Elmwood District it was assumed that the subject parcels would soon be developed as previously approved. No assumption was made for any further TIF payments to developers beyond what was previously committed. At this time, Greco maintains it is not economically feasible to construct the proposed project without nearly $1 million in assistance. Given current economic conditions there is a very real possibility the subject site could remain vacant for some time should Greco’s proposed project not move forward. This would result in less tax increment from the subject parcels than projected. Having development occur on the site sooner rather than later would be beneficial to the district. In order to facilitate that development it is likely that tax increment will need to be provided. However the sooner tax increment obligations to the Redeveloper can be retired the sooner the improved value of the site can generate the projected increment for the district. It is for this reason that staff, in consultation with Ehlers, would prefer to see no more than $750,000 in tax increment be provided to offset the public improvement costs associated with the proposed project assuming it is warranted. Since the subject site is located within the existing Elmwood Village TIF District it would not be necessary to create a new TIF district. Tax increment may be provided simply via a Redevelopment Contract with Greco. Other Options A new grant fund recently created by Hennepin County relative to Transit Oriented Development projects may be a potential source of assistance for the Greco project. Staff believes that certain portions of the subject project would likely be eligible for TOD Funding and will further explore securing such a grant with the Redeveloper. Meeting of January 12, 2009 (Item No. 3) Page 6 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe One alternative is for the city not to provide any funding at this time and allow the site to remain vacant until economic conditions improve. In the interim, the site would not generate the tax increment previously projected. The ramification of this approach however is that city may not be able to provide TIF assistance should it be necessary. This is because TIF funds must be spent within five years after certification of a district. The Elmwood Village TIF District was certified on May 31, 2005; therefore project costs must be incurred no later than May 31, 2010. By waiting, the City would, in effect, be gambling that another comparable project will come along that won’t require assistance. An alternative use for the subject site may be financially feasible without requiring city assistance. Greco believes an all senior residential facility could be developed on the subject site. The drawback of this approach, of course, is that the project would not include the groundfloor commercial space that would support the pedestrian environment being created along West 36th Street and the future light rail station. A development that is not mixed use would be inconsistent with the Elmwood Land Use Plan, the Comprehensive Plan and the zoning ordinance. Conformance with the City’s Business Subsidy Policy Any proposed TIF assistance provided the subject project would be exempt from state business subsidy requirements as it relates to redevelopment (Section 116J.993, subdivision 3, clause 16). Therefore, no public subsidy hearing would be required; however, it would still be subject to a modified reporting requirement. Summary and Next Steps The proposed redevelopment clearly has numerous benefits for the community. Most notably, a substantial increase in the market value of the site and hence an increase in property taxes. That tax increment could help support funding for the Highway 7/Wooddale interchange once obligations to the Redeveloper are retired. The project would provide St. Louis Park with another senior housing option. Visually, it would be an attractive building and consistent with Livable Communities and Transit Oriented Development planning principles. Additionally it would provide an opportunity for a gathering place, public art, enhance the West 36th Street streetscape and provide goods and services for the Elmwood area residents. As with all such proposals it is at the EDA’s discretion as to whether it wishes to provide financial assistance at the level requested by the Redeveloper. If the EDA/Council is interested in moving forward on this project, staff would continue to work with Greco on a supportable TIF assistance amount; and begin drafting possible business terms with for a Redevelopment Contract. Such terms would be brought back to the EDA for its review at a subsequent study session. In addition, the Redeveloper would meet with the Elmwood neighborhood to share the new design of the proposed project as well as receive feedback from area property owners. Meeting of January 12, 2009 (Item No. 3) Page 7 Subject Greco Development’s Preliminary TIF Application for Wooddale Pointe FINANCIAL OR BUDGET CONSIDERATION: Greco Development has requested approximately $1 million in TIF assistance to facilitate a $15 million mixed use redevelopment project at the southeast corner of 36th Street and Wooddale Avenue which is located within the Elmwood Village TIF District. VISION CONSIDERATION: The proposed project conforms to several of the Strategic Directions listed in Vision St. Louis Park such as providing a diverse housing stock, creating community gathering places as well as integrating public art and community aesthetics into developments. Attachments: Preliminary Site Plan Preliminary Building Rendering Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Wooddale Pointe Site Plan, St. Louis Park, MN scale: 1”=20’ 12/20/2008Wo o d d a l e A v e . 36th St. WOODDALE POINTE Drop-offUnder-groundParkingPocket Park Area Guest Parking Deliveries Deliveries Retail EntryRetail Entry Additional Parking Stalls Bus Stop 37th St.Yosemite Ave.N Meeting of January 12, 2009 (Item No. 3) Subject: Greco Development's Preliminary TiF Application for Wooddale Pointe Page 8 Meeting of January 12, 2009 (Item No. 3) Subject: Greco Development's Preliminary TiF Application for Wooddale Pointe Page 9 Meeting Date: January 12, 2009 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: Utility Rate Study. RECOMMENDED ACTION: The purpose of this report is to allow for review and discussion of potential utility rate changes to be implemented in 2009. POLICY CONSIDERATION: Is the City Council comfortable with the proposed rates? BACKGROUND: This study is an update to the rate study that staff undertook with Ehlers two years ago. We needed to modify the study to account for changes in capital spending and operational costs. These rates are intended to be used for utility bills starting with those for the winter quarter usage beginning in February. The primary vehicle for discussion will be the Ehlers report, but the highlights are summarized here. Council will note that the rates do increase more than anticipated in 2006 in order to cover the $4,075,000 Municipal Service Center construction bonds that were not contemplated at the time of the previous study. One item to note is that we fluctuate a little in terminology in these reports between gallons and cubic feet. Most end users probably think in terms of gallons of water used, but our system bills in units of 100 cubic feet. The equation is that 100 cubic feet (one unit in our billing system) is equal to 750 gallons. Water Water rates are slated to increase 6% for meter charges and per unit charges will increase seven cents per hundred gallons of usage. Staff is recommending a tiered rate for usage which was discussed last year. We will be required to have some type of conservation rate structure in place by 2010, so now is probably an appropriate time to consider this modification. We discovered that we have a little difficulty in estimating how much usage will be in the various tiers because we have multifamily residential buildings included in the residential category rather than commercial. However, it would not be fair to bill an apartment building for a significant portion of its usage at a higher rate simply because they have more units. Staff is working with LOGIS to determine how to modify our billing system to take the number of units into account when billing something other than a single-family home. Meeting of January 12, 2009 (Item No. 4) Page 2 Subject Utility Rate Study Sewer The sewer rate is projected to increase 13 cents from $1.88 per unit to $2.01 per unit. Even with this increase the fund is projected to drop below the recommended cash reserve for a period of several years. Two things are possible – a) we could determine that because of the relative stability of this charge, which is set based on winter quarter usage, we may need less of a cash balance to cushion fluctuations and reduce the percentage that we keep on hand or b) we may have to increase rates more in the short run. Staff will monitor this over the course of the year in order to make a revised recommendation on this charge next year. Storm Water Because of increased mandates through the National Pollution Discharge Elimination System (NBDES) federal regulations, these costs have increased significantly. Staff is recommending an increase from $12.25 to $13.50 in order to cover the cost of these mandates. The expenses include more frequent drainage pond monitoring and cleaning along with storm drainage improvements to limit sedimentation in the settling ponds. Solid Waste Due to excellent bids and effective negotiation of new contracts by the Public Works staff for garbage collection and recycling pickup, we are able to minimize our operating costs for these services. Staff is recommending an increase in these rates from $40 per 30 gallon service to $41.20 in order to maintain sufficient cash reserves over the long run. An increase in these rates is probably not necessary from the viewpoint of one year, but eliminating it would cause the fund balance to drop below the recommended level at the end of this study period. The collection costs have been set based on a percentage increase from the base per gallon rate. This means that we have a base charge for collection costs and then a volume charge per 30 gallon cart unit. When we increase the usage to 60 gallons, the collection cost remains the same and the volume cost doubles. This logic holds through the 90 gallon rate which has been used for any level of service up through 240 gallons. The next tier of service is 270 gallons. When you look at the rate chart, it is clear that we have a declining cost per volume of waste starting with the 90 gallon rate unless it is used just for 120 gallons of service. Finance believes we should modify the rate chart to provide for a constant dollar value to be applied to the volume portion of the rate in keeping with the “green” focus to discourage excessive waste. Since this is a major change from the existing process, staff did not recommend this in the report, but wishes to discuss this separately. FINANCIAL OR BUDGET CONSIDERATION: These proposed rates will allow us to maintain our enterprise operations, replace capital equipment and finance a portion of the Municipal Service Center construction costs. For an average resident, the impact of the total cost of city services is still relatively low at just over $104 per month. The cost of services is shown on the chart below for an average home with a value of $232,000 using 19 units of water per quarter and having 30 gallons of weekly garbage collection. Meeting of January 12, 2009 (Item No. 4) Page 3 Subject Utility Rate Study 2008 2009 Unit Rates Residential Tax $751.99 $785.08 2008 2009 Water $86.64 $91.96 $1.14 $1.21 Sewer $142.88 $152.76 $1.88 $2.01 Storm Water $49.00 $54.00 $12.25 $13.50 Solid Waste $160.00 $164.80 $40.00 $41.20 $1,190.51 $1,248.60 Dollar Increase $58.09 Percentage Increase 4.88% The City of St. Louis Park continues to show good value in the services that are provided to its residents with these relatively modest increases. Included in the attached consultant report is a comparison of our proposed rates with other cities. We hope to have more comparisons by Monday night. VISION CONSIDERATION: Not applicable. Attachments: Ehlers Report Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager 1 City of St Louis Park Water & Sanitary Sewer, Storm Water and Refuse Funds Utility Rate Study January, 2009 Prepared By: City Staff and Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 4 2 Introduction The City of St Louis Park requested that Ehlers & Associates assist staff in preparing financial projections for the water, sanitary sewer, storm water and refuse utilities. The purpose of the rate study is to ensure that: 1. Rates are sufficient to pay for the ongoing operations and capital improvements, and to maintain adequate cash balances; and, 2. The rate structure distributes the costs of operating the system across utility users consistent with the policy objectives of the Council. Background The City has maintained a comprehensive long-range capital improvement program for many years focusing upon replacement of existing infrastructure. The City has used a combination of cash and bonded indebtedness to pay for improvements. As a result, the City has managed its cash balances and debt obligations well. Municipal utility funds are considered “enterprise funds,” meaning they are intended to be operated as a private enterprise in which the fee revenue pays for all expenses. For purposes of this study, we refer to each segregated utility as its own fund. This base model incorporates expected capital improvements for the existing population of the City. The draft capital improvement plans for water, sewer, storm water and refuse funds are located in Appendices F, G and H and include rehab and replacement projects for the respective funds. The report demonstrates potential rate tiering options for the Water fund. Assumptions Following is a chart that summarizes the significant assumptions in the rate study. Water Utility Sanitary Sewer Utility Growth and Utility Usage No new residential connections per year, water usage will continue at the projected levels for the year ended September 2008. No new residential connections per year, usage will continue at the usage levels for the year ended September 2008. Operating Expenses Increase 3% annually. City expenses increase 3% annually. MCES disposal fees increase 3% annually Capital Expenses Costs of improvement are inflated 5% per year. Future total capital improvements from 2009 to 2018 are estimated at an inflated value of $6.7M over the next 10 years. Costs of improvements are inflated 5% per year. Future total capital improvements from 2009 to 2018 are estimated at an inflated value of $2.3M for the next 10 years. Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 5 3 Minimal debt of $5.2M is expected to be incurred. No debt is expected to be incurred. Rate Structure Current billing structure is a fixed rate of $1.14 per 1 unit of usage, or 100 cubic feet. Residential billing is done on a quarterly basis. There is a base meter charge of $6.80 per quarter for a 3/4” meter, which is a typical residence size. Commercial properties pay the same rate per unit of usage and a higher monthly meter charge, based on meter size. The proposed rate structure on Appendix I moves to a three-tiered rate system for residential users. Currently residents are billed year- round based on winter quarter water consumption at $1.88 per 1 unit of usage. The base meter charge is $10.65 per quarter is paid by all property types. Storm Water Sanitation Growth and Utility Usage No new residential connections No new customers Operating Expenses Increase 3% annually. City expenses increase 3% annually. Refuse expenses are calculated according to the contracts in place. Additionally, the City pays a 9% tax to Hennepin County based on the taxable sales. Capital Expenses Costs of improvement are inflated 5% per year and include rehab, replacement and flood improvement projects. Future total capital improvements from 2009 to 2018 are estimated at a value of $3.8M over the next 10 years. Minimal debt of $1.95M is expected to be incurred. Cart replacement is expected to occur in 2011 and is paid for from cash balances. Rate Structure Single family residential units are charges a rate of $12.25 per quarter. Other land use designations are charged at the same rate times a residential equivalency factor. Users are charged based on the size of the cart service. A residential user with one 30 gallon cart would be charged $40 per quarter, excluding sales tax. Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 6 4 Water Utility Water Fees The City of St Louis Park maintains the water infrastructure to pump and treat its own water. There are three primary components to the City’s water utility revenues: Meter Charges are a fixed quarterly fee based on the size of the meter in the home or business. Most residential meters are at $6.80 per quarter. The meter charge is used to help to recover certain fixed expenses, such as the billing system, that the City must incur for a customer regardless of the amount of water consumed. This meter charge raises approximately $464,000 per year. This charge pays for a portion of utility staff. Usage Fees are based on the metered use of water. Currently the billing structure is a fixed rate of $1.14 per 100 cubic feet, or one billing unit. The usage fees pays for nearly all of the costs of operating the system. In 2008, usage fees are expected to generate approximately 86% of total water revenues. The City currently has approximately 12,900 residential users, which includes multi- family, and an additional 900 commercial users. The following graph depicts the distribution of all residential water users by amount of water used in one year. Residential Yearly Usage in Gallons 0 200 400 600 800 1000 1200 1400 1600 1800 2000 - 10,001 20,001 30,001 40,001 50,001 60,001 70,001 80,001 90,001 100,001 110,001 120,001 130,001 140,001 150,001 160,001 170,001 180,001 190,001 200,001 210,001 220,001 230,001 To To To To To To To To To To To To To To To To To To To To To To To To 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 110,000 120,000 130,000 140,000 150,000 160,000 170,000 180,000 190,000 200,000 210,000 220,000 230,000 240,000 Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 7 5 Tiered Rate System Beginning in 2009, we are recommending that the City consider revisiting its usage fee structure. With a multi tiered rate system, the typical resident will pay more per gallon for water used for sprinkling than they will for water used in daily activities. Most metro area suburbs have adopted a tiered rate system for the following reasons: 1. To promote conservation efforts. 2. To allocate costs appropriately to those who are generating them. Cities construct water systems to meet the capacity of peak watering days in the heat of the summer. In St Louis Park, the peak demand in the summer is approximately 2.34 times the average daily winter demand. A tiered rate system charges more per gallon for peak use, thereby allocating the cost of “oversizing” the system for peak days to the peak users. The Minnesota Legislature recently adopted an amendment which requires a conservation rate structure for all metropolitan area public water suppliers by January 1, 2010. The Department of Natural Resources has provided guidance that an increasing rate block structure, or a conservation rate, means that there is a sufficient increase in the rate between the tiers to promote conservation. Specifically, the DNR would be looking for a significant increase in the rate between the tiers to encourage conservation, or at least a 25% increase between the first two tiers and at least 50% increase between the last two steps. We believe that the recommended rate structure complies with DNR guidance because there is a 25% increase between tier one and two and a 50% increase between tier two and three. Residential Water and Sewer Rate Options The rate option was designed in order to provide sufficient resources for projected operating expenses and capital costs and to build cash balances where necessary. The following graph shows the historic trend in cash balances for the Water Utility and the Sewer Utility. Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 8 6 Historic Trend in Cash Balances $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 Water Fund $3,384,434 $1,884,699 $867,637 $2,109,649 $1,007,876 Sewer Fund $3,284,161 $2,885,801 $2,832,423 $2,581,105 $2,464,863 2004 2005 2006 2007 2008 Est The following graph for the Water Utility shows the trend of operating revenues, operating expenses, capital outlay with cash balances. As is apparent, the Water Fund had been operating at a slight deficit during the years of 2004-2005. Capital costs that were paid for from cash balances for 2004 to 2006 equaled $2.465M, which accounts for the decline in the overall cash balance. Water Fund Historic Trends 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 2004 2005 2006 2007 2008 Est Operating Revenues Operating Expenses Capital Cash Balance The following graph shows the trend of operating revenues, operating expenses, capital outlay with cash balances for the Sewer Utility. Operating revenues have kept pace with expenses and capital outlays. Capital costs that were paid for from cash balances equaled $1.14M, which accounts for the overall decline in cash balances. Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 9 7 Sewer Fund Historic Trends 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 2004 2005 2006 2007 2008 Est Operating Revenue Operating Expenses Capital Cash Balance Proposed Residential Water Rates The City currently spends approximately $2.06M in fixed costs such as salaries, utilities, disposal and depreciation. For all the rate tier options for both water and sewer, we explored changes to the residential rates and held the commercial rates constant in order to avoid discouraging development or redevelopment from occurring. While commercial entities pay the same rate for water usage as a residence, they pay a higher fixed monthly meter, which equates to a higher per quarter meter fee than a residence, in essence paying a higher rate per gallon for water used. Tiered Residential Rates The average residential user uses approximately 28,000 gallons per quarter. Accordingly, the tiers were broken out as follows: Tier 1-0 to 30,000 gallons-charged at $1.21 per 100 cubic feet Tier 2-30,001 to 60,000 gallons-charged at $1.51 per 100 cubic feet Tier 3-Usage over 60,001 gallons per quarter-charged at $2.27 per 100 cubic feet The difference in the rates between the tiers complies with guidance from the Department of Natural Resources. This tier option produces $1,601,000 in residential usage revenues. The meter charge increases by 6% for a residential user from the present amount of $6.80 to $7.21. The fixed charges, (meter charge and stand by charge) generates $387,000 in revenues. Water usage from irrigation meters would be charged at the top tier for residential usage, or at $2.27 per cubic feet. Approximately 77,700,000 gallons are used for sprinkling. Irrigation revenues then equal $235,000. Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 10 8 Commercial usage would not be tiered and would be charged at $1.21 per cubic feet of usage. This option captures 78% of residential usage base, 11% in the second tier and 12% in the top tier. The cost per gallon of water increases as more water is used as is shown in the following table. Average Quarterly Bill-Water-usage and meter 2008 2009 2010 2011 2012 2013 Average User (28,500 gallons per quarter)50.12$ 53.13$ 56.54$ 60.18$ 64.05$ 68.17$ cost per gallon $0.00176 $0.00186 $0.00198 $0.00211 $0.00225 $0.00239 High User (60,000 gallons per quarter)98.00$ 115.96$ 123.47$ 131.45$ 139.96$ 149.01$ cost per gallon $0.00163 $0.00193 $0.00206 $0.00219 $0.00233 $0.00248 Irrigation Connection (135,000 gallons per quarter)205.20$ 407.84$ 434.34$ 462.58$ 492.64$ 524.67$ Cash Balances Operating Reserve We recommend the water fund carry a minimum cash balance for operations of an amount equal to 35%-50% of the next year’s budgeted operating expenditures. Cash balances are available to accommodate fluctuations in revenue depending on weather and higher than anticipated operating expenses. The model provides for a reserve of 45%. Capital Reserve The model builds the ending cash balance over time. The graph below demonstrates the projected capital cash balance compared to the capital reserve requirement of the water enterprise fund: Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 11 9 Water Fund Capital Cash Reserves 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 20092010201120122013201420152016201720182019Capital Reserve Requirement Working Capital Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 12 10 Sanitary Sewer Utility Sewer Fees The City of St Louis Park participates in the Metropolitan Council Environmental Services (MCES) sanitary sewer system. The City is responsible for the sewer collection system within the City limits and then pays MCES disposal fees for treatment. The MCES disposal fees have increased 5 - 9% each of the last four years. The rate study anticipates that future increases for these fees will be 3%, annually. The MCES disposal fees comprise 80% of the sewer utility’s operating expenses based on the 2009 budget. Another 6% of expenditures represent depreciation, while only 16% of operating expenditures are within the City’s control. Sewer Rate Structure The current rate structure is $1.88 per 100 cubic feet based on winter water usage. The quarterly fixed charge is $10.65 for residential, multi-family and commercial properties. Residential Rates Sewer charges would continue to be based on winter quarter water usage. All sewer usage would be charged at $2.01 per 100 cubic feet for residential, multi-family and commercial users. This represents a 7% increase from 2008 rates. The fixed meter charge would increase by 7% to $11.40. These rates produce $4,567,900 in total revenues. The following graph shows a comparison of an average quarterly residential bill for sewer use based on winter quarter water usage: Average Quarterly Bill-Sewer-usage and fixed 2008 2009 2010 2011 2012 2013 Average User (28,500 gallons per quarter)82.09$ 87.84$ 93.98$ 100.56$ 107.60$ 112.98$ High User (60,000 gallons per quarter)161.05$ 172.32$ 184.39$ 197.29$ 211.10$ 221.66$ Cash Balances Operating Reserve We recommend the sewer fund carry a minimum cash balance for operations of an amount equal to 35%-50% of the next year’s operating expenditures. Cash balances are available to accommodate fluctuations in revenue depending on weather and higher than anticipated operating expenses. The model provides for a reserve of 45% Meeting of January 12, 2009 (Item No. 4) Subject: Utility Rate Study Page 13