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HomeMy WebLinkAbout2009/09/14 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA SEPTEMBER 14, 2009 6:30 p.m. CITY COUNCIL STUDY SESSION – Council Chambers Discussion Items 1. 6:30 p.m. Future Study Session Agenda Planning --- September 21, 2009 & September 29, 2009 2. 6:35 p.m. Friends of the Arts Annual Report (with FoTA Board Representatives) 7:00 p.m. Audit Services for 2009 4. 7:15 p.m. 2010 Budget – Housing Rehabilitation Fund and Development Fund Budget Review; Franchise Fees, and Use of Budget Feedback 5. 8:15 p.m. Policy Discussion Relative to EDA Redevelopment Contract Extensions 6. 8:45 p.m. Update on Proposed Sunset Ridge Condominium Housing Improvement Area (HIA) 7. 9:15 p.m. Communications (Verbal) Written Reports 8. Wind Energy Regulations 9. Urban Reforestation Program Policy 10. Recycling Program Update 11. Green Shade Initiative 9:25 p.m. Adjourn St. Louis Park Economic Development Authority and regular City Council meetings are carried live on Civic TV cable channel 17 and replays are frequent; check www.parktv.org for the schedule. The meetings are also streamed live on the internet at www.parktv.org, and saved for Video on Demand replays. The agenda is posted on Fridays on the official city bulletin board in the lobby of City Hall and on the text display on Civic TV cable channel 17. The agenda and full packet are available by noon on Friday on the city’s website. 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: September 14, 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 – September 21, 2009 and September 29, 2009. RECOMMENDED ACTION: Council and the City Manager to set the agenda for special study sessions on September 21 and September 29, 2009. POLICY CONSIDERATION: Does the Council agree with the agenda as proposed? BACKGROUND: Attached please find the tentative agenda and proposed discussion items for the special study session on Monday, September 21, 2009 and Tuesday, September 29, 2009. FINANCIAL OR BUDGET CONSIDERATION: None. VISION CONSIDERATION: None. Attachment: Future Study Session Agenda Planning for September 21 & 29, 2009 Prepared by: Marcia Honold, Management Assistant Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 1) Page 2 Subject: Future Study Session Agenda Planning Tentative Discussion Items Study Session, Monday, September 21, 2009 - 6:30 p.m. 1. Snow Bird Enforcement – Police/Public Works (30 minutes) Does the Council wish to increase the fines for snow bird parking violations and if so what should the amount be? Tuesday, September 29, 2009 – 5:00 p.m. check-in, 5:30 p.m. ceremony TH 7 & Wooddale Avenue Interchange Project Groundbreaking Ceremony Tentative Discussion Items Study Session, Tuesday, September 29, 2009 - 6:30 p.m. 1. Future Study Session Agenda Planning – Administrative Services (5 minutes) 2. Street Project: Excelsior Boulevard (Louisiana Ave. to Dakota Ave.) Project 2004-0420 - Public Works (25 minutes) Staff to update the Council about the Excelsior Boulevard street project. 3. Possible Amendment to Recycling Contract – Public Works (45 minutes) Staff will lead Council in a discussion about Eureka’s request to amend their recycling contract with the city. Does the Council wish to amend Eureka’s recycling contract? 4. Convention & Visitor’s Bureau – Administrative Services/Community Development (60 minutes) The City Attorney and an outside expert will present information and answer questions from Council about creating a lodging tax and a Convention & Visitor’s Bureau. Is the Council interested in moving forward on this? 6. Presentation of Energy Audit of City Facilities – Inspections (45minutes) Staff will present the energy audit findings to the Council. Does the Council agree with the findings? Does staff wish to direct staff to create a plan to implement projects identified in the audit? 7. 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 August 2009 Monthly Financial Report End of Meeting: 9:40 p.m. Meeting Date: September 14, 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: Friends of the Arts Annual Report. RECOMMENDED ACTION: No action required. Given the City has financially supported the efforts of Friends of the Arts (FoTA), this annual report is being provided for information purposes. Representatives of FoTA will be in attendance at the meeting POLICY CONSIDERATION: Does the City Council have questions or concerns regarding the activities of Friends of the Arts? BACKGROUND: The City of St. Louis Park has been providing financial assistance to the FoTA since 2006. Representatives from their organization will be present to update the council on their recent accomplishments as well as their 2010 initiatives. FRIENDS OF THE ARTS ACCOMPLISHMENTS: The Friends of the Arts organization has provided the following list of programs they have worked on over the past year. Arts for Life: launched new scholarship program in 2008 with oversight by diverse committee meeting quarterly, awarding funds quarterly. 2008 – Granted eight scholarships totaling $3,918.00 as follows: Two senior citizens (summer and fall), one teenager, four elementary age children (summer and fall), and one individual in their 20’s. 2009 (to present) – granted 12 scholarships totaling $2,580.00 as follows: Six high school students for choir trip, three elementary age children for music lessons, one adult for writing class, and two young adults for music classes. Next review deadlines are Sept. 5 and Dec. 5, 2009 2009 Goal - Strengthen public relations and outreach. Result: 23 applications received prior to June 23 deadline 2010 Goals – Strengthen outreach to the communities most eligible and raise $10,000 to have $8,000 available for scholarships in 2010. Meeting of September 14, 2009 (Item No. 2) Page 2 Subject: Friends of the Arts Annual Report Arts & Culture Grants: Build partnership with the city to continue strong and diverse programs by funding creative activities in the community that do not have other funding channels. Future Goals: Improve marketing of events individually and as series for the year. 2009 participant data: High school students: 50 Community members participating directly: 60 artists for Children First Elementary age direct participants: 10 at Meadowbrook, 60 at Peter Hobart Event attendees: over 2,000 The specific activities funded for 2009 area as follows: 36 Arts Magazine: Assist in the printing of an annual literary arts magazine. St. Louis Park High School students. Children First: Painting and reproduction of 40 original works of art representing the 40 developmental assets. Gallery opening at the Ice Cream Social. Harmony Theater Company and School: Creation and production of a play about the Leningrad Siege. Performances at Sabes JCC Theatre. Meadowbrook Collaborative: The creation of ARTWORKS a structured weekly program that will teach 10 motivated children in grades 3 to 6 the basic understanding of drawing. Margaret Coleman: Collaboration w/senior citizens to record and share, through the paper making, their memories, experiences and building of the St. Louis Park community. The project will begin in August 2009 manifesting itself in two mixed media art openings which will be open the public. Zenon Dance Company: One week outreach dance residence at Peter Hobart Primary Center. The residency will conclude with a final student performance open to the community at Peter Hobart. Denise Tennen: The creation of a series of ceramic relief panels to be permanently installed at Aquila Primary Center, Lenox and other publicly accessible buildings in St. Louis Park. The panels will be created by the youngest and oldest St. Louis Park resident. Background work already taking place. The actual workshop will start fall 2009, during the school year. Specific dates to be determined. Theater in the Park launched by 2008 Arts & Culture grant; update on Maggie’s Farm Organic Theater. Board Development: • Move to a working board with Executive Committee, transition in leadership. • Assigning board members as liaisons. Meeting of September 14, 2009 (Item No. 2) Page 3 Subject: Friends of the Arts Annual Report Administrative: • One Communications Director on contract – Tammy Hauser Sarto. • Lynn Krause – office administrator being replaced. • Office space agreement with the school district being reviewed. Search for new space in the district being undertaken. • New software for contact management installed and being put to use for 1st annual membership campaign. Marketing/ Communications: • Use of online newsletter management software, Constant Contact, for monthly email newsletter distributed to 400 community members with paper copies to be distributed quarterly to City Hall, Lenox, Library, and The Rec Center. • Regular press from local media and especially the Sun Sailor. • Establishing screens/ads/programming with Park TV. • Updating website to make more interactive for artists/community members. Finance: • Budgeting process being formalized for 2010. • Tax return completed for 2008. • New financial reports detailed and comprehensive (QuickBooks online). • Development plan for membership sponsors and planned giving in progress. What we need from the city: • Continued financial commitment, marketing support/access to city resources, PR, Park TV, city publications and staffing. • Continued close working relationship with direct liaison through Parks and Recreation. • Commitment to Our Town 2010 – Poet Laureat, poem project, potential calendar content. Upcoming 2010 programs: Since the “Our Town Faces and Places” photography project was such a huge success, the FoTA board has discussed future projects that have the opportunity to become a community wide arts event. They have come up with an idea that revolves around the Our Town theme with a different twist. In 2010, they intent to implement Our Town 2010: Voices and Verses The preliminary components will be as follows: 1. Poet Laureate for SLP. A Poet is chosen by the city and SLP FoTA to serve in ambassador role for the year. Stipend is given. Duties include presence at Ice Cream Social and providing assistance with the Favorite Poem Project and the Renga- community wide poem. Meeting of September 14, 2009 (Item No. 2) Page 4 Subject: Friends of the Arts Annual Report 2. Favorite Poem Project. Community is asked to submit not only their favorite poem, but a written description of why. People are photographed and shown on website and in a printed piece, with their poem and reason for its important to them. Twelve are selected by the Poet and panel of judges for inclusion in the 2011 city calendar. 3. Site based poetry workshops. Site-based one time poetry workshops are offered to generate lines for the Renga. They are taught by artists and take place in diverse community partner locations (school, nursing home, housing, cultural/religious institutions etc.) The purposes of the workshops are to expose participants to the art and craft of poetry and to come away with a line from each participant to be included in the community Renga. 4. A community jam in May at Harvest Moon Coffee shop for all poets to come together and share their stuff in a public forum. 5. Renga – creation & youth performance and tour. Renga- a community poem. Lines from the workshops are put together into a community poem by the Laureate. In addition, this poem is developed by a spoken word artist into a performance piece. Youth are hired to perform the piece as a spoken Word Performance that can travel to locations. It can also be performed at the Ice Cream Social and will be videotaped to be played on cable TV and our website. Other add on’s if time and funding allow: • Refrigerator Poetry –using Renga lines? • Chap book/public installation of Renga Timeline: • June: Board approves concept • August-November: funding sought/Poet laureate selection process • October: Our Town project announced, workshop schedule set and recruitment for participants begins • November-December: planning • January-March: Renga workshops underway/community Jam/Favorite Poems Project • April-May: Renga poem completed, performance piece completed • May: Renga poem completed unveiled at ice Cream Social? • June-July: Favorite Poems completed and submitted to city for calendar and printed • June-December: Regna tour piece travels Preliminary Budget ($15,000): • Project Management/planning committee- $5,000 • Teachers/artists- $2,500 • Marketing/Publicity- $2,500 • Printing of anthology or other programs- $2,500 • Space/equipment/other- $2,500 Meeting of September 14, 2009 (Item No. 2) Page 5 Subject: Friends of the Arts Annual Report Possible Funders: • MRAC- October deadline for Community Arts ( $7,500) • Target- Jan deadline ($5000) • COMPAS- Medtronic Grant for community arts-($2,500) • McKnight Foundation($5,000) • HRK Foundation ($2,500) • General Mills ( $5,000) • Gannett Foundation ($2,500) • AmeriPrise Financial ($2,500) • Kopp Family Foundation ($1,500) Publicity/Media: • City Newsletters - three issues a year and calendar • City cable station to film jams and air - them- also use for our own site and you tube • Sun Sailor as Media Sponsor? • Website dedicated to project/FACEBOOK etc. Community Partners: • City • Library • School/hospital/senior homes • Harvest Moon • Loft FINANCIAL OR BUDGET CONSIDERATION: For the past several years the City has funded FoTA in the amount of $20,000 annually and the Arts and Culture Grant program in the amount of $20,000 annually. The funding source is the Housing Rehab Fund. As the 2010 budget is considered, discussion should occur as to whether the City continues to fund these initiatives in 2010. VISION CONSIDERATION: Partnering with Friends of the Arts is enhancing the strategic direction that states, “St. Louis Park is committed to promoting and integrating arts, culture, and community aesthetics in all City initiatives, including implementation where appropriate. Attachments: None Prepared by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting Date: September 14, 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: Audit Services for 2009. RECOMMENDED ACTION: No formal action required. Staff would like to know the Council’s wishes for selecting a firm to provide audit services for fiscal year 2009. POLICY CONSIDERATION: There are two options available to the Council regarding audit services for 2009: • Direct staff to negotiate an extension of the current audit services contract with Abdo, Eick & Meyers; or • Direct staff to obtain proposals for audit services. If the Council wishes to use this option, staff would request feedback on how much direct involvement the City Council may wish to have in the process. BACKGROUND: In 2004 the City Council approved a contract with Abdo, Eick & Meyers LLP to audit the years 2004-2007. Typically, engagements are for three year periods with three year extensions. The auditors work directly for the City Council and are required to bring any instances of accounting irregularity to the Council’s attention. Abdo’s staff provided us with a quote for a three year extension last year and that was the basis of the 2008 audit. Staff has been satisfied with Abdo’s services and their personnel have a good understanding of city operations and accounting procedures. There are pro’s and con’s to changing auditors periodically. An advantage to changing auditors, which may be more perception than reality, relates to the opportunity for a fresh look being given to the City’s operations and accounting procedures. A disadvantage is that there is a significant amount of education and clarification of specific city practices that is required to be transferred from the accounting staff to the new audit team. With the loss of one accountant position via budget reductions, the department is not in an ideal situation to have the time to make those practices clear to new personnel. Meeting of September 14, 2009 (Item No. 3) Page 2 Subject: Audit Services for 2009 When the audit proposals were evaluated in 2004, the interview team was comprised of the City Manager, Finance Director, and two other finance staff members. Upon completion of the interviews staff made a recommendation to the City Council to hire Abdo, Eick & Meyers. If the City Council wishes staff to obtain proposals for audit services, there are several ways this process could be carried out. Examples include: • The entire City Council reviews proposals, interviews audit firms, and makes a selection. • A subcommittee of the City Council reviews proposals, interviews audit firms and makes a recommendation to the entire City Council. • Utilize an interview team made up of one to three City Council members and staff that reviews proposals, conducts interviews and makes a recommendation to the entire City Council. • Have staff review proposals and interview auditors with a recommendation provided to the City Council. Staff looks forward to making this process meet the needs of the City Council and show proper stewardship over city funds. FINANCIAL OR BUDGET CONSIDERATION: Extending the audit contract or going out for proposals will have minimal impact on the city’s budget. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Bruce DeJong, Finance Director Approved by: Tom Harmening, City Manager Meeting Date: September 14, 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: 2010 Budget – Housing Rehabilitation Fund and Development Fund Budget Review; Franchise Fees, and Use of Budget Feedback. RECOMMENDED ACTION: No formal action required. Staff desires to continue budget discussion on topics the Council asked to be brought back after the August 24th study session. POLICY CONSIDERATION: • Is the City Council comfortable with the preliminary budgets for the Housing Rehabilitation Fund and the Development Fund? • Is the City Council interested in pursuing adjustments to franchise fees from both Xcel and CenterPoint? • How would the City Council like to use the budget feedback generated from our web site and other sources? BACKGROUND: Housing Rehabilitation Fund and Economic Development Fund Budgets The Community Development Department has two funds that finance redevelopment programs – Housing Rehabilitation for residential projects and Economic Development primarily for commercial/industrial projects. The budgets for those funds vary widely as projects work their way through the development cycle and become active. The Housing Rehab expenditures varied by almost 100% from 2006 at $940,000 to 2008 at $1.8 million. The Wolf Lake Housing Improvement Area (HIA) contributed $1.1 million of the expense in 2008, with smaller amounts for the Sungate HIA in 2006 and 2007. The ongoing funding for the Housing Rehab fund is the 1/8th percent fee that is generated from private activity revenue bonds. This should generate over $500,000 annually for the next several years with the addition of the Park Nicollet bonds issued in 2008 and the Groves Academy bonds issued in 2009. In the past HIA’s were funded through loans from the Development Fund to the Housing Rehab Fund since the cash balance is fairly low in Housing Rehab. Housing Rehab then pays for construction costs of the project and holds the special assessments generated against each unit that are used to repay the debt. The Housing Rehab fund has assets from loan programs and HIAs of over $4,000,000. Meeting of September 14, 2009 (Item No. 4) Page 2 Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback The Housing Rehab Fund covers about $200,000 of salaries for Community Development staff. In addition, a transfer of $185,000 is made to the general fund annually to cover the costs of Community Outreach and other general fund services. The Development Fund was accumulated from non-TIF proceeds generated by early activities in the pre-79 TIF districts that were just decertified in August. Those proceeds included land sales and interest earnings on investments. The primary funding sources at this point are interest earnings ($1.2 million) and parking lot rents ($158,500) including the Park Nicollet ramp by their main clinic. The Development Fund expenditures cover $500,000 in salaries, and about $260,000 in costs for development related activities that are not reimbursable from TIF revenues. Friends of the Arts and Arts & Culture Grants The City of St. Louis Park has been providing $20,000 of annual funding to Friends of the Arts (FoTA) via the Housing Rehab Fund since 2006. Staff desires direction as to whether this amount should continue to be included in the budget. The St. Louis Park Arts & Culture Grant Program is a collaborative program, now in its fourth year, between the City of St. Louis Park, St. Louis Park Friends of the Arts and the St. Louis Park Community Foundation. The City has budgeted $20,000 annually for this program via the Housing Rehab Fund and has been supplemented with funding from the Community Foundation. The program funds art projects and cultural activities that build bridges between artists and community, engage people in creative learning and promote artistic production and cultural experiences in St. Louis Park. Staff solicits grant proposals and reviews them with FoTA and a representative of the Foundation prior to recommending awards to the City Council. Staff also desires direction as to whether funding should continue for this program. Franchise Fees The City Council has asked about the ability to increase our franchise fees for capital purposes. Our current franchise fees, which generate approximately $936,000 annually, are used to fund the Pavement Management Program. The City also levies $415,000 annually in property taxes which supplements the franchise fees. Based on our Long Range Financial Management Plan, if the program is maintained at its current level a deficit is projected in the Pavement Management Fund by about 2016. We have some ability to increase our franchise fees both automatically with Xcel and CenterPoint, but they have expressed a willingness to open negotiations for a potential rate increase above what could be raised through the automatic adjustment (staff is trying to determine how much an automatic increase might generate). As discussed previously with the City Council, the proposed strategy is to increase our fees, where they are low, to the average of other communities. In reviewing franchise fees used in other communities, from a comparative perspective it appears we could increase the fees to raise about $156,000 via Xcel and $118,000 from CenterPoint for a total of approximately $274,000. Meeting of September 14, 2009 (Item No. 4) Page 3 Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Our projections show we could use the entire amount of new revenues noted above in order to maintain a cash balance in the Pavement Management Fund. Staff does not see increases in these fees providing any relief to the general property tax levy at this time. The attached charts show how we compare to other communities. The additional funding will remain dedicated to the Pavement Management Fund which covers street seal-coating, curb & gutter repairs, and reconstruction. Budget Communications Update City staff continues to promote the budget website, which includes background information, reports and timelines related to the budget process. The site also features the budget feedback tool. The feedback tool is currently promoted on the city’s cable TV channels, website and through cards distributed by staff, Council members and Council candidates. To date, more than 60 responses have been received. The budget feedback tool will remain “live” until Oct. 1. Once turned off, all responses will be collected into a report for the Council and will be available for a budget workshop scheduled for October 12. The question for this evening’s discussion is how to best use that data. Staff requests that a general discussion of City Council expectations occur on how the data received could be used. FINANCIAL OR BUDGET CONSIDERATION: The Housing Rehab and Development Fund do not affect on operations of the city generally, but provide an additional source of funding for worthy redevelopment projects and other initiatives of both residential and commercial nature and from a neighborhood and community perspective. VISION CONSIDERATION: Activities funded by the Development Fund and Housing Rehab Fund have a direct connection to the Strategic Directions adopted by the City Council most notably relating to Housing and the Arts. Attachments: Housing Rehabilitation Fund Budget Development Fund Budget Housing Rehab Fund Policy Development Fund Policy Franchise Fee Analysis Prepared by: Bruce DeJong, Finance Director Reviewed by: Kevin Locke, Community Development Director Michele Schnitker, Housing Supervisor Greg Hunt, Economic Development Coordinator Kathy Larsen, Housing Programs Coordinator Brian Swanson, Assistant Finance Director Approved by: Tom Harmening, City Manager CITY OF ST LOUIS PARK 2010 Budget Department: Housing Rehab Roll-up Business Unit: 2006 2007 2008 2009 2010 2010 2010 Actual Amount Actual Amount Actual Amount Adopted Budget Requested Budget New Programs Adopted Budget REVENUES GENERAL PROPERTY TAXES 4016 PENALTIES/INTEREST 0 (129)(347)0 0 0 0 4017 PAYMT IN LIEU OF TAXES (6,086)0 0 0 0 0 0 GENERAL PROPERTY TAXES (6,086)(129)(347)0 0 0 0 INTERGOVERNMENTAL STATE 4368.421 Operating grants 0 0 (71,228)0 0 0 0 4369 OTHER STATE REVENUE (25,000)0 0 0 0 0 0 INTERGOVERNMENTAL (25,000)0 (71,228)0 0 0 0 CHARGES FOR SERVICES GENERAL GOVERNMENT 4610 APPLICATION FEE (350)0 0 0 0 0 0 4618.519 HIA Prepayments 0 (212,174)10 0 0 0 0 4619 ADMINISTRATION FEES (19,607) (35,413) (15,162)0 0 0 0 CHARGES FOR SERVICES (19,957) (247,587) (15,152)0 0 0 0 SPECIAL ASSESSMENTS 5101 COLLECTED BY CITY (45,970) (35,671) (102,782)0 0 0 0 5102 CURRENT 0 (19,604) (117,365)0 0 0 0 REVENUE FROM OPERATIONS (97,013) (302,991) (306,874)0 0 0 0 OTHER INCOME MISC OTHER INCOME 8062 PROCEEDS FROM SALE (119,852) (278,047) (267,017)0 0 0 0 8065 SALE OF SALVAGE 0 (615) (2,268)0 0 0 0 8101 INTEREST ON INVESTMENTS (62,507) (36,766)0 (30,000)0 0 0 8102 OTHER INTEREST (2,413)0 0 0 0 0 0 8130 CONTRIBUTIONS/DONATIONS 0 (17,000)0 0 0 0 0 8170 ADMINISTRATION FEES (5,000)0 0 0 0 0 0 8171 REVENUE BOND FEES (436,481) (492,123) (492,001) (615,000) (540,000)0 (540,000) 8200 MISC REVENUE 0 (66,818) (63,401)0 0 0 0 MISC OTHER INCOME (626,253) (891,369) (824,687) (645,000) (540,000)0 (540,000) TOTAL OTHER INCOME (626,253) (891,369) (824,687) (645,000) (540,000)0 (540,000) TOTAL REVENUES (723,266) (1,194,360) (1,131,561) (645,000) (540,000) 0 (540,000) EXPENDITURES PERSONAL SERVICES SALARIES 6011 SALARIES - REGULAR EMPL 166,496 162,466 178,151 165,000 158,000 0 158,000 6012 OVERTIME 92 0 0 0 0 0 0 PERA 6063 PERA - COORDINATED 9,973 10,012 11,579 11,000 11,000 0 11,000 FICA 6076 SOCIAL SECURITY 10,350 9,914 11,072 10,500 10,000 0 10,000 6077 MEDICARE 2,459 2,358 2,592 2,500 2,500 0 2,500 INSURANCE 6084 LIFE INSURANCE 645 459 496 500 500 0 500 6085 LONG TERM DISABILITY 381 369 415 500 500 0 500 6088 EMPLOYERS CONTRIBUTION 18,259 16,838 18,574 17,000 16,100 0 16,100 OTHER 6102 WORKERS COMPENSATION IN 0 0 0 0 0 0 0 6102.240 League of MN Cities de 968 980 1,291 1,500 1,500 0 1,500 6105 VEHICLE ALLOWANCE 576 576 576 600 600 0 600 PERSONAL SERVICES 210,199 203,972 224,746 209,100 200,700 0 200,700 SUPPLIES 6211 OFFICE SUPPLIES 43 2,096 67 0 0 0 0 6212 GENERAL SUPPLIES 0 300 300 0 0 0 0 SUPPLIES 43 2,396 367 0 0 0 0 Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 4 CITY OF ST LOUIS PARK 2010 Budget Department: Housing Rehab Roll-up Business Unit: 2006 2007 2008 2009 2010 2010 2010 Actual Amount Actual Amount Actual Amount Adopted Budget Requested Budget New Programs Adopted Budget SERVICES & OTHER CHARGES 6410 GENERAL PROFESSIONAL SE 1,682 1,190 1,250 0 1,250 0 1,250 LEGAL 6550.750 Civil 9,361 4,805 5,384 0 0 0 0 6630 OTHER CONTRACTUAL SERVI 456,143 421,206 1,329,348 892,400 879,500 0 879,500 6630.822 Rehab Advisor 26,980 24,580 24,291 30,000 0 0 0 6630.823 Design Services 17,325 11,375 15,675 15,000 0 0 0 6630.824 Workshops 0 0 0 3,000 0 0 0 6630.825 Remodel Tour 5,839 8,144 8,356 5,000 0 0 0 6630.826 Program Marketing 8,816 5,482 3,612 20,000 0 0 0 6630.827 Discount Loans & Rebates 0 0 1,000 0 0 0 0 POSTAGE 6700 POSTAGE 75 0 1,956 0 0 0 0 COMMUNICATIONS 6950 LEGAL NOTICES 161 715 365 0 0 0 0 7050 PRINTING & PUBLISHING 70 217 0 0 0 0 0 INSURANCE 7106 PUBLIC LIABILITY INSURA 2,168 2,693 3,548 3,000 3,500 0 3,500 RENTALS 7502 RENTAL EQUIPMENT 0 0 0 0 0 0 0 7502.873 MSC 15 0 0 0 0 0 0 EMPLOYEE DEVELOPMENT 7601 SUBSCRIPTIONS/MEMBERSHI 0 80 0 0 0 0 0 7602 TRAINING 25 641 753 0 0 0 0 7620 TRAVEL/MEETINGS 0 0 44 0 0 0 0 7621 MEETING EXPENSE 257 72 69 0 0 0 0 7622 MILEAGE-PERSONAL CAR 79 188 334 0 0 0 0 SERVICES & OTHER CHARGES 528,996 481,388 1,395,985 968,400 884,250 0 884,250 CAPITAL OUTLAY 7801 LAND 0 397,238 0 0 0 0 0 CAPITAL OUTLAY 0 397,238 0 0 0 0 0 EXPENDITURES 739,238 1,084,994 1,621,098 1,177,500 1,084,950 0 1,084,950 OTHER EXPENSE TRANSFERS OUT 8511 GENERAL 100,211 93,797 83,983 86,055 86,055 0 86,055 8511.965 P.A. Revenue Bond 99,000 99,000 99,000 99,000 99,000 0 99,000 8518 TECHNOLOGY REPLACEMENT 1,993 1,016 0 0 0 0 0 TOTAL TRANSFERS OUT 201,204 193,813 182,983 185,055 185,055 0 185,055 MISC OTHER EXPENSE 8590 BANK CHARGES/CREDIT CD FE 153 307 0 0 0 0 0 MISC OTHER EXPENSE 153 307 0 0 0 0 0 TOTAL OTHER EXPENSE 201,357 194,120 182,983 185,055 185,055 0 185,055 TOTAL EXPENDITURES 940,595 1,279,114 1,804,081 1,362,555 1,270,005 0 1,270,005 Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 5 CITY OF ST LOUIS PARK 2010 Budget Department: Development Fund Roll-up Business Unit:2006 2007 2008 2009 2010 2010 2010 Actual Amount Actual Amount Actual Amount Adopted Budget Requested Budget New Programs Adopted Budget REVENUES GENERAL PROPERTY TAXES 4011 CURRENT AD VALOREM (556,965) (657,823) (302,127) (1,028,045)0 0 0 4012 DELINQ AD VALOREM 1,468 (151,459)0 0 0 0 0 4013 FISCAL DISPARITY (48,342) (51,892)0 0 0 0 0 4016 PENALTIES/INTEREST (218)(270)(386)0 0 0 0 4017 PAYMT IN LIEU OF TAXES 0 (7,352) (5,090)0 0 0 0 GENERAL PROPERTY TAXES (604,057) (868,796) (307,603) (1,028,045)0 0 0 INTERGOVERNMENTAL STATE 4368 GRANTS - STATE 0 0 0 0 0 0 0 4368.421 Operating grants (61,481) (7,974) (183,715)0 0 0 0 4370 MARKET VALUE HOMESTEAD (26,018) (24,727)0 0 0 0 0 OTHER 4402 HENNEPIN COUNTY 0 (32,700) (91,850)0 0 0 0 INTERGOVERNMENTAL (87,499) (65,401) (275,565)0 0 0 0 CHARGES FOR SERVICES GENERAL GOVERNMENT 4610 APPLICATION FEE 0 (6,000) (4,000)0 0 0 0 CHARGES FOR SERVICES 0 (6,000) (4,000)0 0 0 0 SPECIAL ASSESSMENTS 5101 COLLECTED BY CITY (61,345) (51,588) (5,034)0 0 0 0 5102 CURRENT (94,753) (81,569) (67,769)0 0 0 0 5103 DELINQUENT (3,085) (7,039) (1,098)0 0 0 0 OTHER 5200 MISCELLANEOUS 2,000 0 (500)0 0 0 0 5300 RENT REVENUE 0 0 0 0 0 0 0 5300.533 Parking ramp (150,000) (150,000) (150,000) (150,000)0 0 0 5300.534 Parking lot (10,344) (34,849) (27,438) (8,500)0 0 0 5330 REFUNDS & REIMBURSEMENTS (26)0 (216)0 0 0 0 REVENUE FROM OPERATIONS (1,009,109) (1,265,242) (839,223) (1,186,545)0 0 0 OTHER INCOME TRANSFERS IN 8028 ECONOMIC DEVELOP AUTHORI 0 0 0 0 0 0 0 8028.970 TIF admin fee (399,340)0 (85,209)0 0 0 0 TRANSFERS IN (399,340)0 (85,209)0 0 0 0 MISC OTHER INCOME 8062 PROCEEDS FROM SALE (33)0 (1,853,992)0 0 0 0 8070 OTHER RECOVERIES 0 0 (156,000)0 0 0 0 8101 INTEREST ON INVESTMENTS (918,784) (1,452,446) (748,540) (1,200,000)0 0 0 8102 OTHER INTEREST (91,257) (137,169) (132,598)0 0 0 0 8174 NSF FEES 0 0 (25)0 0 0 0 8200 MISC REVENUE 0 0 (1,001)0 0 0 0 MISC OTHER INCOME (1,015,074) (1,589,615) (2,892,156) (1,200,000)0 0 0 TOTAL OTHER INCOME (1,414,414) (1,589,615) (2,977,365) (1,200,000)0 0 0 TOTAL REVENUES (2,423,523) (2,854,857) (3,816,588) (2,386,545) 0 0 0 EXPENDITURES PERSONAL SERVICES SALARIES 6011 SALARIES - REGULAR EMPL 349,555 358,744 321,599 378,000 365,000 0 365,000 6012 OVERTIME 581 203 0 0 0 0 0 6013 SALARIES - TEMPORARY EM 9,408 230 0 0 0 0 0 6014 SALARIES - COUNCIL & CO 0 0 0 32,000 32,000 0 32,000 PERA 6063 PERA - COORDINATED 20,016 21,085 25,449 27,000 27,000 0 27,000 FICA 6076 SOCIAL SECURITY 19,978 19,621 0 25,000 24,000 0 24,000 6077 MEDICARE 5,184 5,117 5,922 6,000 6,000 0 6,000 INSURANCE 6084 LIFE INSURANCE 954 829 949 1,000 1,000 0 1,000 6085 LONG TERM DISABILITY 693 682 671 1,000 1,000 0 1,000 6088 EMPLOYERS CONTRIBUTION 32,718 31,455 38,790 37,000 37,000 0 37,000 OTHER 6102 WORKERS COMPENSATION IN 0 0 0 0 0 0 0 6102.240 League of MN Cities de 1,983 2,099 2,781 4,000 3,200 0 3,200 6105 VEHICLE ALLOWANCE 4,782 2,556 2,556 3,000 2,600 0 2,600 PERSONAL SERVICES 445,852 442,621 398,717 514,000 498,800 0 498,800 SUPPLIES 6211 OFFICE SUPPLIES 608 179 92 1,000 1,000 0 1,000 6211.606 Postage supplies 0 0 0 1,000 1,000 0 1,000 6212 GENERAL SUPPLIES 157 0 0 100 100 0 100 NON-CAPITAL EQUIPMENT 6301 OFFICE EQUIPMENT 0 0 0 500 500 0 500 6303 OTHER 1,750 0 0 0 0 0 0 SUPPLIES 2,515 179 92 2,600 2,600 0 2,600 Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 6 CITY OF ST LOUIS PARK 2010 Budget Department: Development Fund Roll-up Business Unit:2006 2007 2008 2009 2010 2010 2010 Actual Amount Actual Amount Actual Amount Adopted Budget Requested Budget New Programs Adopted Budget SERVICES & OTHER CHARGES 6410 GENERAL PROFESSIONAL SE 1,324 7,228 8,855 6,120 6,120 0 6,120 6520 AUDITING AND ACCOUNTING 5,467 0 0 5,500 5,500 0 5,500 LEGAL 6550.750 Civil 16,822 22,617 5,554 31,000 20,000 0 20,000 6550.752 Legislative/Lobbying 0 53,997 0 60,000 12,000 0 12,000 6630 OTHER CONTRACTUAL SERVI 102,589 83,408 213,538 22,500 10,000 0 10,000 6630.773 SSD Site Maintenance 0 0 0 553 553 0 553 6630.798 Project Reimbursement 29,980 400,000 0 0 0 0 0 6630.832 EDA Financial Analysis 8,403 17,819 16,937 12,000 0 0 0 POSTAGE 6700 POSTAGE 1,470 6,000 0 500 500 0 500 6720 DELIVERY 0 0 0 150 150 0 150 COMMUNICATIONS 6831 TELEPHONE 772 0 998 1,600 1,600 0 1,600 6831.800 Cellular 0 0 0 700 700 0 700 6950 LEGAL NOTICES 740 216 0 800 500 0 500 7000 ADVERTISING 495 545 7,081 2,000 2,000 0 2,000 INSURANCE 7106 PUBLIC LIABILITY INSURA 4,520 5,161 3,521 4,000 4,000 0 4,000 7109 NOTARY/SURETY BONDS 60 58 50 100 100 0 100 REPAIRS AND MAINTENANCE 7211 MSC SPECIAL WORK 2,375 0 0 2,000 0 0 0 7213 CLEANING/WASTE REMOVAL 55,566 32,700 0 0 0 0 0 7214 LAND MAINTENANCE 335 1,345 677 700 0 0 0 UTILITIES 7301 ELECTRIC SERVICE 72 0 0 0 0 0 0 7304 SEWER SERVICE 78 36 20 0 0 0 0 7305 WATER SERVICE 138 0 0 0 0 0 0 ECONOMIC DEVELOPMENT 7451 PLANNING 66,427 161,608 102,833 150,000 100,000 0 100,000 7452 ECONOMIC 12,306 (12,306)0 5,000 5,000 0 5,000 7453 FINANCIAL 10,189 10,977 0 12,000 10,000 0 10,000 7454 SURVEYING 10,027 2,027 0 10,000 10,000 0 10,000 7455 APPRAISALS 4,500 0 0 15,000 15,000 0 15,000 7457 ENVIRONMENT ANALYSIS 15,878 20,264 11,276 26,000 15,000 0 15,000 7459 OTHER TECHNICAL SERVICE 0 0 0 5,000 5,000 0 5,000 RENTALS 7504 RENTAL OTHER 25,000 25,000 25,000 25,000 25,000 0 25,000 EMPLOYEE DEVELOPMENT 7601 SUBSCRIPTIONS/MEMBERSHI 2,115 4,011 2,335 2,650 2,700 0 2,700 7601.904 Rotary 412 0 0 600 600 0 600 7602 TRAINING 1,184 1,281 2,388 2,200 2,400 0 2,400 7603 SEMINARS/CONFERENCES/PR 1,099 910 915 5,700 4,500 0 4,500 7620 TRAVEL/MEETINGS 0 0 120 1,000 1,000 0 1,000 7621 MEETING EXPENSE 6,434 9,752 259 1,000 1,000 0 1,000 7622 MILEAGE-PERSONAL CAR 154 49 364 2,500 2,000 0 2,000 TAXES 7681 PROPERTY TAXES 37,314 0 0 0 0 0 0 7682 PAYMENT IN LIEU OF TAXE 3,103 0 3,103 0 0 0 0 SERVICES & OTHER CHARGES 431,990 874,296 405,824 413,873 262,923 0 262,923 CAPITAL OUTLAY 7803 IMPROVEMENTS OTHER THAN 0 79,108 812 0 0 0 0 7803.960 Excavating & Grading 0 166,013 24,605 0 0 0 0 7902 IMMOVABLE FIXTURES 0 0 2,499 0 0 0 0 7908 SOIL REMEDIATION 0 0 275,565 0 0 0 0 7909 GROUND WATER CLEAN UP 5,290 8,599 0 0 0 0 0 CAPITAL OUTLAY 5,290 253,720 303,481 10,000 0 0 0 EXPENDITURES 885,647 1,570,816 1,108,114 940,473 764,323 0 764,323 OTHER EXPENSE TRANSFERS OUT 8518 TECHNOLOGY REPLACEMENT 1,993 1,016 0 0 0 0 0 TOTAL TRANSFERS OUT 1,993 1,016 0 0 0 0 0 MISC OTHER EXPENSE 8580 MISC EXPENSE 0 0 0 0 0 0 0 8580.996 Uncollectable Debt 0 0 19,629 0 0 0 0 8590 BANK CHARGES/CREDIT CD FE 474,033 0 0 0 0 0 0 MISC OTHER EXPENSE 474,033 0 19,629 0 0 0 0 TOTAL OTHER EXPENSE 476,026 1,016 19,629 0 0 0 0 TOTAL EXPENDITURES 1,361,673 1,571,832 1,127,743 940,473 764,323 0 764,323 Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 7 CITY OF ST. LOUIS PARK HOUSING REHABILIATION FUND POLICY DRAFT September 9, 2009 I. Purpose The City of St. Louis Park established a Housing Rehabilitation Fund to provide a source of funds to facilitate housing habilitation, redevelopment/development and activities that promote neighborhood development and community enhancing activities. This policy is intended to set forth the general requirements and guidelines regarding the use of the Housing Rehabilitation Fund, with the City Council reserving the right to modify the purpose of the fund. II. Funding or Potential Funding Sources A. The primary, sustainable source of funding for the Housing Rehabilitation Fund is an administration fee which is charged to all projects in which the City serves as issuer for private activity bonds. The fee is one-eighth of one percent per annum of the principal amount on all of the outstanding private activity bond issues, payable semi-annually. B. A potential significant funding source for the fund could be an infusion of dollars of available tax increment. These dollars would generally need to be restricted specifically for rental or owner-occupied housing projects or programs which meet income restrictions as outlined in current TIF law. C. Repayment of loans from Housing Improvement Areas (HIA’s) funded originally from the fund. D. Federal or State grants as they become available. E. Sale of real and personal property. F. Interest revenue. G. Transfer from the Development Fund or other funds, per City Council approval. III. Objectives The Housing Rehabilitation Fund is intended to fund or assist proposed projects or programs which focus on housing rehabilitation and initiatives that further the city’s housing goals as Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 8 developed through the Housing Summit and VISION St. Louis Park. This fund is in congruence with Vision St. Louis Park’s commitment to provide well-maintained and diverse housing along with increasing affordable ownership opportunities. The City’s approved housing goals to be supported by this fund include: A. Housing Production: Promote and facilitate a balanced and sustainable housing stock to meet present and future needs. Create opportunities for move up housing. B. Housing Condition and Preservation: Ensure housing is safe and well maintained and preserve and enhance housing quality through promotional, educational and technical activities. C. Promote the ratio of owner and rental housing at a ratio of approximately 60% owner occupied and 40% rental. D. Promote and facilitate a mix of housing which ensures a balance of affordable housing for low and moderate income households and expands affordable ownership initiatives. E. Promote and facilitate expansion of existing homes through remodeling and construction of family sized homes. F. Promote and facilitate more senior housing options. G. Housing/planning goals: Use infill and redevelopment opportunities to help meet housing goals, promote higher density housing near transit corridors and employment centers and encourage housing density in commercial mixed-use districts. In addition to supporting the City’s housing goals, the Fund can be used: A. To encourage private residential development, rehabilitation or redevelopment. B. To offset increased costs of residential development or redevelopment over and above those costs that a developer would normally incur in suburban development. C. To accelerate the residential development process and/or to achieve quality development on sites where this would normally be difficult to develop in suburban areas. D. To meet other public policy purposes, as adopted by the City Council from time to time, including promotion of: quality urban design, quality architectural design, energy conservation, decreasing traffic congestion and reliance on automobile use, decreasing the capital operating costs of local government, and development that supports livable communities principles. E. To leverage other public and private monies for projects meeting the Fund objectives. Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 9 IV. Process A. In establishing projects and programs to be financed using the Housing Rehabilitation Fund; the City shall to the extent possible: 1. Establish guidelines and criteria for each project or program to be assisted unless the project or program already exists. 2. Establish a timeframe for completing the project or program and the repayment terms to the Housing Rehabilitation Fund, if applicable. 3. Prepare a financing plan for the project or program for review and approval by the City Council and by other entities as may be required by state law. V. Uses for the Housing Rehabilitation Fund The following are general guidelines regarding the use of funds from the Housing Rehabilitation Fund. A. The types of uses of the Housing Rehabilitation Fund will include, but not be limited to, the following: (i) the making of loans at interest rates below or at market rates in order to strengthen the financial feasibility of proposed projects; (ii) the guaranteeing of loans; (iii) the provision of gap financing for developments; (iv) the financing of acquisition, demolition, and disposition; (v) the financing of the construction of public improvements and utilities to aid proposed residential developments; (vi) the financing of rehabilitation, remodeling, or new construction; and (vii) administrative costs associated with housing and neighborhood programs. B. The Housing Rehabilitation Fund may be used to provide matching grant funds to assist with neighborhood projects and community enhancement activities. C. To the extent possible, funds from the Housing Rehabilitation Fund will be allocated to a number of developments and programs, thereby reducing the risk that funds to be repaid will not be available for future use. D. The Housing Rehabilitation Fund may be used to provide interim financing of public cost for projects in anticipation of a permanent financing source (i.e. construction financing, bond sale, etc.). E. To the extent possible, funds from the Housing Rehabilitation Fund will be secured by liens, letters of credit, ucc’s, tax increment, or other forms of reasonable security. F. To the extent possible, loans from the Housing Rehabilitation Fund will be repaid with interest at rates established from time to time by the City or which are established at the time of approval of a specific project or program. Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 10 CITY OF ST. LOUIS PARK/ST. LOUIS PARK EDA DEVELOPMENT FUND GUIDELINES I. PURPOSE The City of St. Louis Park and St. Louis Park Economic Development Authority have established a development fund to provide a source of financing that can be used to foster and promote a wide range of public and private development and redevelopment activities within the City of St. Louis Park. The development fund is intended primarily to be a revolving fund established by the City and Authority, and administered by the Authority. These guidelines are intended to set forth the general requirements regarding funding and use of the development fund. The Authority may modify the terms of these guidelines at any time with the consent of the City Council. II. FUNDING OF DEVELOPMENT ACCOUNT The source of funds used to create and to maintain the development fund consists generally of the proceeds from the repayment of loans and other revenues, such as: the sale of real and personal property, recycled federal and state grants, and other funds as designated from time to time by the City Council and Economic Development Authority. In particular, the following sources of funds will be used to fund and maintain the development fund: A. Interest earnings on various projects and program accounts; B. Proceeds from the sale or resale of real and personal property in connection with development and redevelopment projects; C. Income derived from the repayment of loans and grants under various county, state, and federal loan and grant programs, including the Federal Economic Development Grant Program and the Federal Community Development Block Grant Program; D. Loan repayments and other income from programs which may be developed in the future including but not limited to the following: Commercial Rehab Loan Program, Sign Rehabilitation Program, and income derived from properties owned by the Authority. E. Administrative fee transfers from other program or project funding sources. Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 11 Other funds may from time to time be directed to be placed in the development fund by action of the City Council and Authority’s Board of Commissioners. The City Manager and City staff and Executive Director and Authority staff are directed to take all actions necessary to capitalize and maintain the fund balance in the development fund. To the extent that funds in the development fund are subject to restrictions as to their use by virtue of the source of such funds, the development fund will contain sub-accounts to ensure that such restrictions as to reuse of funds are met. III. OBJECTIVES As a matter of policy, the development fund will only be used to assist proposed projects which meet one or more of the following criteria. A. To meet the following housing-related goals: 1. To provide a diversity of housing and ownership alternatives. 2. Maintain existing levels of affordable housing through the rehabilitation of existing or construction of new housing units. 3. To promote neighborhood stabilization and revitalization by the removal of blight and the upgrading in existing housing stock in residential areas. 4. To promote and/or support efforts to reduce dependency on assistance programs. B. To remove blight and encourage redevelopment in the commercial and industrial areas of the City in order to encourage high levels of property maintenance and private reinvestment in those areas. C. To increase the tax base of the City in order to ensure the long-term ability of the City to provide adequate services for its residents while lessening the reliance on residential property tax. D. To retain, increase and provide diversity in a living wage job base. E. To increase the local business and industrial market potential of the City of St. Louis Park. F. To provide adequate business and shopper parking and residential parking. G. To encourage additional unsubsidized private development in the area either directly or through secondary “spin-off” development. H. To offset increased costs of redevelopment over and above those costs that a developer would normally incur in urban and suburban development. Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 12 I. To accelerate the development process and/or to achieve quality development on sites which would not be developed in accordance with City goals without this assistance. J. To meet other uses of public policy, as adopted by the Authority from time to time, including promotion of: quality urban design, quality architectural design, energy conservation, decreasing traffic congestion and reliance on automobile use, decreasing the capital and operating costs of local government, and development that supports the concept of “Livable Communities”, etc. IV. USE OF DEVELOPMENT FUND The following general guidelines will be followed in connection with the use of funds from the development fund. A. The types of uses of the development fund will include, but not be limited to, the following: (i) the making of loans at interest rates below or at market rates of interest in order to strengthen the financial feasibility of proposed projects; (ii) the guaranteeing of loans, (iii) the provision of secondary or gap refinancing for particular projects; (iv) the financing of land acquisition and disposition, (v) the financing of the construction of public improvements and utilities to aid proposed projects; (vi) the administration of economic development programs; and (vii) any other uses as permitted by applicable law. B. To the extent possible, funds from the development fund will be allocated to a number of projects and programs, thereby reducing the risk that funds to be repaid will not be available for future use. C. The development fund may be used to provide interim financing of public cost of particular projects in anticipation of a permanent financing source (i.e. a bond sale). D. All funds from the development fund will be adequately secured by liens, tax increment, letter of credit, or other forms of reasonable security. E. Every attempt will be made to ensure that all loans from the development fund will be repaid with interest at interest rates established from time to time by the Authority or which are established at the time of approval of a specific project. Development Fund Guidelines:N/EDA Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 13 Xcel Franchise Fees Flat Rate and Percentage Sm C/I Sm C/I Mun Pump Mun Pump City Res Non-Demand Demand Lg C/I St Lights Non-Demand Demand Afton 2.00 2.00 5.00 5.00 1.00 1.00 1.00 Baker (U) 3.25 3.25 0.00 0.00 0.00 0.00 0.00 Brooklyn Center 1.52 3.10 20.60 99.00 12.40 12.40 12.40 Champlin 2.50 8.00 35.00 125.00 15.00 15.00 15.00 Chisago City 1.30 5.00 15.00 55.00 5.00 5.00 15.00 Circle Pines 2.75 3.00 35.00 0.00 3.00 0.00 0.00 Cottage Grove 1.25 1.25 6.25 25.00 2.50 0.63 6.25 Deephaven 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Dilworth 1.75 4.00 14.00 91.00 0.00 4.00 14.00 Excelsior 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Faribault 1.35 1.60 32.00 280.00 0.00 0.00 0.00 Goodview 2.75 3.00 25.00 110.00 25.00 2.50 10.00 Grant 2.35 2.00 14.00 75.00 2.00 2.00 2.00 Hopkins 1.00 2.00 9.00 63.00 0.00 0.00 0.00 Lindstrom 1.30 5.00 15.00 55.00 5.00 5.00 15.00 Little Canada 1.75 4.00 24.00 15.00 1.00 7.00 Mahtomedi 1.30 1.38 14.40 110.28 12.71 0.63 14.84 Mankato 0.50 1.00 10.00 130.00 1.00 0.25 1.00 Maplewood 0.50 1.00 6.00 45.00 0.50 0.50 0.50 Minnetonka 2.50 4.50 4.50 4.50 0.00 4.50 4.50 Monticello 1.95 5.50 31.00 190.00 12.00 12.00 31.00 Mound 2.00 2.00 2.00 2.00 2.00 2.00 2.00 New Hope 1.50 4.50 9.00 36.00 4.50 4.50 4.50 Newport 0.50 1.00 6.00 50.00 4.00 1.00 5.00 North Mankato 0.75 1.10 9.25 125.00 13.25 1.10 9.25 Oakdale 1.00 2.00 9.00 7.50 6.00 1.50 7.50 Prior Lake 1.50 5.00 10.00 50.00 0.00 0.00 0.00 Richfield 1.65 5.10 11.33 73.65 0.00 0.00 0.00 Sartell f 2.75 2.75 2.75 2.75 2.75 2.75 2.75 St. Joseph 1.00 1.75 10.00 8.00 1.00 10.00 St. Michael 2.50 2.50 2.50 10.00 10.00 2.50 10.00 St. Paul Park 1.50 2.00 25.00 335.00 10.00 1.00 5.00 Stillwater 2.00 2.50 18.00 125.00 4.00 2.00 18.00 Watertown 2.00 3.50 15.00 50.00 0.00 12.50 20.00 Average 1.74$ 2.98$ 13.25$ 72.96$ 5.34$ 3.04$ 7.31$ St. Louis Park $1.25 $4.00 $10.00 $65.00 $0.00 $4.00 $10.00 Coon Rapids 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Minneapolis 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Mounds View 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% New Brighton $0.0023/ kWh $0.0023/ kWh $0.0016/ kWh $0.0009/ kWh $0.0023/ kWh $0.0023/ kWh $0.0016/ kWh Owatonna $0.0016/ kWh $0.0016/ kWh $0.0016/ kWh $0.0016/ kWh $0.0016/ kWh $0.0016/ kWh Robbinsdale 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Sauk Rapids 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% 3.00% South St. Paul 3.00% 3.00% 3.00% 3.00% — — — St. Cloud h 3.00% 3.00% 3.00% 3.00% — — — St. Paul See fee schedule in Franchise Fee Notes. West St. Paul 5.26% 5.26% 5.26% 5.26% — — — White Bear Lake 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% 1.50% Winona 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 14 CenterPoint Franchise Fees Flat Rate and Percentage City Res Comm A Comm B Comm C SVDF A SVDF B LVDF Afton 2.00 4.00 5.00 5.00 5.00 5.00 5.00 Anoka 2.75 2.75 8.00 35.00 75.00 300.00 900.00 Benson 2.00 3.33 4.00 10.00 13.33 10.00 50.00 Blue Earth 2.00 3.00 3.00 3.00 3.00 3.00 3.00 Brooklyn Center 1.52 1.58 5.15 20.60 51.50 98.88 98.88 Champlin 2.50 2.50 8.00 35.00 70.00 125.00 125.00 Cottage Grove 1.25 3.25 6.25 6.25 12.50 12.50 18.75 Deephaven 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Excelsior 2.50 2.50 2.50 2.50 2.50 2.50 2.50 Hopkins 1.00 1.00 3.00 9.00 18.00 63.00 63.00 Little Falls 1.00 5.00 5.00 5.00 5.00 5.00 5.00 Long Prairie 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Mankato 0.95 2.50 5.25 12.00 15.00 20.00 25.00 Morris 2.00 5.00 9.00 27.00 35.00 35.00 750.00 Mound 2.00 2.00 2.00 2.00 2.00 2.00 2.00 New Hope 1.50 3.00 6.00 20.00 30.00 40.00 60.00 North Mankato 1.00 5.00 10.00 15.00 20.00 30.00 75.00 Oakdale 1.00 4.50 4.50 7.50 15.00 15.00 15.00 Prior Lake 1.50 1.50 5.00 5.00 10.00 10.00 50.00 Richfield 1.65 1.65 5.10 11.33 11.33 11.33 11.33 Waseca 1.40 1.80 5.00 16.00 100.00 150.00 300.00 Average 1.67$ 2.83$ 5.01$ 11.94$ 23.70$ 44.84$ 122.05$ St. Louis Park $1.25 $1.25 $4.00 $10.00 $10.00 $10.00 $65.00 Alexandria 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Coon Rapids 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Granite Falls 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Lake Crystal 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Minneapolis e 4.50% 5.00% 5.00% 5.00% 5.00% 5.00% 5.00% Mounds View 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Owatonna 1.75% 1.75% 1.75% 1.00% 1.00% 1.00% 1.00% Robbinsdale 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00% Sleepy Eye 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% Average 3.92% 3.97% 3.97% 3.89% 3.89% 3.89% 3.89% Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 15 City of St Louis Park, Minnesota Franchise Fee Estimate Xcel - Electric CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES New Revenue Estimate MONTHLY FLAT FEE New Fee Proposal Residential*22,306 $334,585 $468,419 $1.25 $1.75 Small C&I – Non-Demand*1,355 $65,028 $65,028 $4.00 $4.00 Small C&I – Demand 627 $75,280 $99,746 $10.00 $13.25 Large C&I 146 $113,945 $127,969 $65.00 $73.00 Public Street Lighting 75 $0 not exempted but fee not applied Municipal Pumping – Non-Demand 21 $1,012 $1,012 $4.00 $4.00 Municipal Pumping – Demand 18 $2,160 $2,160 $10.00 $10.00 Total 24,548 $592,010 $764,334 Net Increase $172,324 CenterPoint - Heating Gas CUSTOMER CLASS AVERAGE MONTHLY CUSTOMER COUNT ESTIMATED ANNUAL FRANCHISE FEE REVENUES New Revenue Estimate MONTHLY FLAT FEE New Fee Proposal Residential 15,666 $234,990 $328,986 $1.25 $1.75 Commercial A 584 $8,760 $12,264 $1.25 $1.75 Commercial B 398 $19,104 $19,104 $4.00 $4.00 Commercial C 550 $66,000 $87,450 $10.00 $13.25 SVDF A & B 79 $9,480 $12,561 $10.00 $13.25 LVDF 4 $3,120 $3,504 $65.00 $73.00 Total 17,281 $341,454 $463,869 Net Increase $122,415 09/10/2009 Meeting of September 14, 2009 (Item No. 4) Subject: General Budget – Housing Rehabilitation, EDA, Franchise Fees, and Budget Feedback Page 16 Meeting Date: September 14, 2009 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: Policy Discussion Relative to EDA Redevelopment Contract Extensions. RECOMMENDED ACTION: Discuss the need to further formalize a policy or remedies related to required project commencement and completion dates within the EDA’s redevelopment contracts. POLICY CONSIDERATION: Does the EDA wish to further formalize a policy or remedies related to required project commencement and completion dates within its redevelopment contracts? BACKGROUND: At its August 17, 2009 meeting, the EDA approved an amendment to the Redevelopment Contract with Union Land II LLC extending the commencement and completion dates for portions of the Hoigaard Village project due to adverse economic conditions within the housing market. At that same meeting the question was raised as to whether the EDA should have a policy for contract extensions in the future. According to the City’s current TIF Policy the EDA gives priority consideration to those projects that request tax increment on a “pay-as-you-go” basis. This means the EDA does not pay for TIF– eligible costs up-front but rather provides redevelopers with tax increment over time once they have incurred the specified redevelopment costs. As a result, when a redeveloper experiences a construction delay it means that the redeveloper’s reimbursement of TIF-eligible expenses is likewise delayed or reduced. To date, this policy appears to be working adequately. Failure by a redeveloper to perform any covenant, condition, or obligation under redevelopment contracts with the EDA is considered an Event of Default. Every development contract contains a separate article clearly outlining events of default and their remedies. Remedies available to the EDA in an Event of Default include terminating the EDA’s obligations under the contract or withholding tax increment attributable to the defaulting phase. All contract extensions granted to date (as well as those likely forthcoming such as for The West End and Wooddale Pointe) reflected prevailing economic conditions in general and local market realities relating to the commercial, industrial and housing sectors in particular. Those and other factors are outside a redeveloper’s control. While a construction delay may result in the extension of the TIF payment term it is uncertain how (or whether) the EDA could legally require a project to proceed if for example a redeveloper was unable to assemble financing or achieve the necessary level of pre- leasing required to commence a project. Currently, the EDA addresses contract extensions on a case- Meeting of September 14, 2009 (Item No. 5) Page 2 Subject: Policy Discussion Relative to EDA Redevelopment Contract Extensions by-case basis consistent with the terms of individual redevelopment contracts. As a practice the EDA has preferred to work with redevelopers to find solutions that would allow their projects to eventually proceed rather than terminated. This practice appears to be in the best interest of both parties and appropriate given the unique circumstances facing each project. FINANCIAL OR BUDGET CONSIDERATION: As outlined within the EDA’s existing redevelopment agreements, a redeveloper’s failure to construct a project, or portion of a project, or failure to meet required commencement and completion dates are typically an Event of Default which may result in termination of the contract, withholding tax increment attributable to the defaulting phase or some other mutually agreed upon financial solution. VISION CONSIDERATION: Not applicable. Attachments: None Prepared by: Greg Hunt, Economic Development Coordinator Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, EDA Executive Director and City Manager Meeting Date: September 14, 2009 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: Update on Proposed Sunset Ridge Condominium Housing Improvement Area (HIA). RECOMMENDED ACTION: No action is required at this time. This report and discussion is intended to update the City Council on this project. The Sunset Ridge Association anticipates requesting that the City Council hold a Public Hearing on October 5, 2009 to consider establishing a Sunset Ridge Condominium HIA and imposing fees. POLICY CONSIDERATION: The City is authorized by the state to establish HIAs as a finance tool for private housing improvements. The City adopted an HIA policy in 2001, and has established four HIA’s to date (see attachments). In the 2009 session, the state legislature extended the HIA statute for another three years. Does the City Council wish to proceed with the steps necessary for establishing the proposed HIA? BACKGROUND: On February 9, 2009 staff sent a written report to the Council on the proposed HIA for Sunset Ridge. At the February 23, 2009 Study Session, Council discussed the pending Sunset Ridge HIA within the context of HIAs in general and within the context of the current housing and lending markets (see attached reports). At the February meeting, City and homeowners’ risks and issues were identified and discussed. Following this discussion, Council Members Finklestein and Paprocki toured the complex with the Association Board members in March. Over the summer, progress has been made to address issues of costs and risks and the housing and lending markets appear to be stabilizing. Current Status of the Project Homeowner Risks and Issues 1. Project Cost. To ensure the proposed scope and cost was the most responsible possible, the Board went out for bid and hired an “Owners Representative”. Over the summer, Total Project Consultants, LLC, reviewed the capital improvement plan, reviewed the proposed scope of improvements, researched alternative products, and developed a revised scope of improvement. Meeting of September 14, 2009 (Item No. 6) Page 2 Subject: Sunset Ridge Housing Improvement Area • The revised scope of work has been reduced from $4,775,500 to $4,028,674; a reduction of nearly $750,000. • The proposed average fee per unit has been reduced from $22,000 to $18,500, a reduction of $3,500 per unit. The lower cost of the revised scope is due to: a. Using vinyl windows rather than aluminum clad wood windows. The vinyl product has the same energy saving attributes and the same warranty as the more expensive wood product. b. Using a 7’ lap hardy-plank siding rather than the 4 or 6” lap siding. c. A more thorough investigation of moisture related damage that better defines the estimate for remediation work. d. Competitive contractor estimates. 2. Financial Burden and Debt Load of Owners. An HIA loan’s relatively low interest rate and long term provides modest income homeowners an affordable means to pay for the improvements. The Association has taken measures to assist owners that may be burdened by the proposed fee. a. They have identified thirty owners that purchased their homes over the past six years, and have provided referrals for no cost financial counseling through Community Action Partnership of Suburban Hennepin County. There has been only one foreclosure at Sunset Ridge during the past twelve month period. b. The Board conducted a survey of owners to determine the number of low income seniors and disabled persons that might be eligible for the hardship special assessment deferral. The hardship deferral allows deferred payment until the sale or title transfer of their unit for qualifying owner/residents. Staff will be recommending that our hardship deferment policy be revised to assist only very low income owners. Twelve owners have been identified that may be eligible for this deferred assessment. 3. Communication. Throughout the summer, the membership has been kept apprised of the Association’s progress through mailings, emails, the Association website, and a full membership meeting which was held on September 1, 2009. Twenty five percent of the owners (60) attended the meeting, and were very supportive of the revised scope of work. Meeting of September 14, 2009 (Item No. 6) Page 3 Subject: Sunset Ridge Housing Improvement Area City Issues 1. How best to fund the Sunset Ridge HIA loan. The HIA law anticipates cities using their bonding authority to fund HIA loans to homeowner associations. After consideration, the City’s Finance Director recommends issuing bonds to fund this project. This will alleviate the concerns previously expressed that city reserve funds be tied up for a twenty year period and will ensure that city has sufficient dollars available for other more immediate needs. The issuance of bonds and underwriters discount will add approximately $100,000 to the total project cost The Association desires that construction of this project begin in late 2009/early 2010. In order to accommodate this construction schedule and allow residents ample time for prepayments, bonds would be issued in April 2010. The City would provide a bridge construction loan for draws made prior to the sale of bonds in April. The city would earn 5% interest on this short term bridge loan. 2. Loan term. The loan term for previous HIA loans ranged from 10-15 years. Due to the high cost of this project a 20 year term will make the fee payments affordable to owners and residents that can not afford to prepay the fee. Since bonds are the proposed method of funding the project, prepayment would only be allowed prior to the issuance of bonds. The sale of bonds will be timed to occur after prepayments are made, so the loan amount will be minimized. 3. The “firewalls” to reduce the city’s financial risk are significant and include: a. Repayment of the loan is made through owner’s real estate tax payments. b. In foreclosure events, tax liabilities including special assessments, must be paid by any party that purchases the unit. In this arena, HIA fees have been treated the same as special assessments. c. There is 105% debt coverage. d. The development agreement allows the city to obtain assignment of association’s assets. The agreement also can require associations to pay on behalf of delinquent members if payments are not made. e. The delinquency rate of existing HIA fees is low and consistent with the citywide property tax delinquency rate of less than 1%. f. Finally, the association, as required by statute conducted a reserve study of capital needs and long term financials. The financial plan has been reviewed by staff and the city’s financial advisor, Ehlers and Associates to ensure long term feasibility of financing future improvements. g. The Development Agreement provides additional contractual conditions to ensure financial stability of associations. The agreement will require that the association: i. Use professional property management. Meeting of September 14, 2009 (Item No. 6) Page 4 Subject: Sunset Ridge Housing Improvement Area ii. Submit annual audits and update financial plans to demonstrate capability for ongoing maintenance & operations. iii. Demonstrate increases in monthly association dues to build reserves to a sustainable level. 4. On-going maintenance of townhomes and condos a critical community need. There are roughly 2700 townhome and condo units in St. Louis Park. The majority of them are over 20 years old. For the strength of our neighborhoods and the whole community, it is important that these homes be well maintained. Deteriorating housing would be a huge risk for the community if allowed to happen. In spring of 2009, the Inspection Department conducted a visual review of all condominium and townhome complexes in St. Louis Park to determine the extent of potential complexes in need of exterior maintenance. Their conclusion was that Sunset Ridge is the complex with the greatest need for exterior investment. Westmoreland Hills was also identified and they are currently finishing an exterior building renovation funded through an HIA. The Inspections Department’s visual assessment was that there are no other complexes currently requiring corrective property maintenance. Therefore the potential pool of Associations that could be seeking assistance through HIAs seems to be very small. Analysis of Application Sunset Ridge is located between 2010 and 2260 Ridge Drive. • There are nine buildings with 240 total units. • Built between 1981 and 1987. • 80% of the units are owner occupied. • The 2009 median EMV of the units is $118,500. • Unit values range from $99,500 to $142,800. The following analysis describes how the current proposal meets the HIA policy and intentions of the State Statute. The Association’s preliminary application (submitted in April 2006) and subsequent project revisions have been reviewed by staff and the City’s financial advisor, Ehlers and Associates. 1. The City’s policy requires that only associations where the median unit value is less than or equal to MN Housing’s 1st Time Home Buyer limit of $269,000 (in 2009) may apply. The 2009 median estimate market value of units in this association is $118,500. Meeting of September 14, 2009 (Item No. 6) Page 5 Subject: Sunset Ridge Housing Improvement Area 2. The Association contracted with a third party to conduct a reserve study. In April of 2006, the Association had a reserve study conducted by Reserve Advisors, Inc. The study includes a physical needs assessment, thirty year capital improvement plan and a financial analysis of the existing and projected financial situation. The reserve study takes into account a loan to fund the exterior siding and window project. The funding plan indicates that projected association fee increases will meet operational needs and the Association will be capable of funding future improvements with their reserves. 3. Project Costs are reasonable and eligible for use of the HIA. To ensure the proposed scope and cost was the most responsible possible, the Board went out for bid and hired an “Owners Representative”. Over the summer of 2009, Total Project Consultants, LLC, reviewed the capital improvement plan, reviewed the proposed scope of improvements, researched alternative products, and developed a revised scope of work. The original work was estimated to cost $4,775,500. The revised scope is estimated at $4,028,674; a reduction of nearly $750,000 which results from: a. Using vinyl windows rather than aluminum clad wood windows. The vinyl product has the same energy saving attributes and the same warranty as the more expensive wood product. b. Using a 7’ lap hardy-plank siding rather than a narrower more expensive lap siding. c. A more thorough investigation of moisture related damage that better defines the estimate for remediation work. d. Competitive bidding in the slower construction market. The costs shown in the following tables are the top range estimates. The Association anticipates minor adjustments to reduce the final costs. Meeting of September 14, 2009 (Item No. 6) Page 6 Subject: Sunset Ridge Housing Improvement Area Table 1. Estimated Cost of Improvements Sunset Ridge Construction Costs Exterior Siding $1,224,992 Exterior Trim $164,995 Windows & Trim $379,445 Doors & Trim $893,535 Soffits & Fascia $174,076 Gutters & Downspouts Scope Included / Costs Excluded Patios-Decks & Porches $438,175 Lighting (& Receptacles) $86,885 Misc. Scope Items $21,526 Performance & Payment Bond / Permits $100,314 Subtotal $3,456,941 Allowances "Identified" Water Damage / Substrate Repair $354,256 Site Lighting $34,505 Fire Department Lock Boxes $8,000 Construction Contingency (5%) $174,972 TOTAL $4,028,674 8/21/2009 1 of 1 Total Project Consultants, LLC Table 1. Project Costs Sunset Ridge Condominium HIA Project Costs Construction Costs $4,028,674 City Admin Fee $20,143 Underwriters Discount $52,140 Cost of Bond Issuance $48,000 Rounding $4,517 Capitalized Interest $137,343 City Loan Interest $65,000 Owners’ Rep Cost $60,000 Legal Fees $3,500 Inspecting Architect Fee $3,000 Industrial Hygienist ( Mold Consultant) $10,000 Total $4,432,317 Meeting of September 14, 2009 (Item No. 6) Page 7 Subject: Sunset Ridge Housing Improvement Area 4. The HIA meets City Goals The proposed improvements meet the City goals in that they will upgrade the existing housing stock in a neighborhood, stabilize the owner-occupancy level within the association, and preserve existing affordable housing stock. The property improvements are consistent with VISION direction. 5. The Association’s Process and Timeline meets statutory requirements. The Association’s communication regarding the HIA has been ongoing since 2005. Staff met with the Board and members to discuss the HIA tool and process during the preliminary process. Through the summer of 2009, the Board has worked to refine the project. • In November 2008, a majority of owners signed petitions requesting the council schedule a public hearing to establish the HIA and impose fee. Petitions have been signed by 55% or 133 of the owners. According to city policy and statutory requirements, the only time in which a city may implement an HIA is when Association members petition the city to do so. State Statute requires that 25% of the owners sign petitions, while City policy requires petitions from a majority of the owners. • Kennedy & Graven, City’s counsel on HIAs, stated that the petitions collected in 2008 are viable as long as the project has not increased in scope or cost. • In January 2009, the Association elections resulted in new Board Members and a new Property Management Company. • In June 2009, the Board hired an Owner’s Representative to revise the scope of work. • In June 2009, the Board conducted a survey to determine the number of low income seniors and new owners that may have financial difficulties due to debt load. • The Association has communicated with residents via monthly Board meetings, letters, National Night Out and the website. • A full membership meeting was held September 1, 2009 to provide an update of the renovation project scope and tentative schedule. 25% of the owners attended this meeting and demonstrated support of the revised project. • Construction is proposed to begin in late 2009, and continue for 8-9 months. 6. The HIA financing is necessary for this project. The Sunset Ridge Association applied for credit from Marshall & Ilsey Bank and Community Bank. Their requests were denied based on insufficient cash flow and the nature of the structure (ie. lack of collateral). The HIA is designed to be a last resort finance tool for associations. It is also designed to address obstacles some associations confront when applying for financing. • The City will lend the money to the association and be repaid by the owners, through their real estate tax payments. Meeting of September 14, 2009 (Item No. 6) Page 8 Subject: Sunset Ridge Housing Improvement Area • The City’s risk is minimal compared to a private lender as property taxes are in the first position over any other mortgage encumbrances on the property. The actual delinquency rate for past HIA’s is very low, consistent with delinquency rating of single family homes. • The HIA provides affordable payment options, averaging approximately $140 per month. This payment will still allow association fees to increase gradually to ensure adequate funds for operation and long term maintenance. 7. Fees and Loan Term. The average fee per unit will be $18,500 with an annual cost per unit of $1,675 including interest, payable over 20 years. The range of the unit fees is from $12,800 to $26,500 depending on the size of unit and number of windows and doors. The loan terms and fees are outlined in the following table. Owners may make payment beginning with the 2011 real estate tax payments or prepay the fee. Because bonds would be issued to fund this project, owners may only prepay during a prepayment period which would end March 31, 2010. Bonds would be issued after prepayments are made, and the actual bond issue would reflect the project cost less the prepayment amount. The percentage of prepayments for the existing HIAs has been: forty percent for the Cedar Trails HIA; twenty-five percent for the Sungate One; sixteen percent for the Wolfe Lake; and seven percent for the Westmoreland Hills HIA. Table 3. Loan Terms Total Loan Amount $4,432,317 Term (years) 20 Interest Rate 5.89% Average Annual Debt Service $382,955 Required Coverage (105%) $402,103 Total Units 240 Cost/Unit - Annual $1,675 Cost/Unit - Monthly (Average) $140 Average Assessment - Per/Unit if prepaid $18,468 Meeting of September 14, 2009 (Item No. 6) Page 9 Subject: Sunset Ridge Housing Improvement Area 8. Association's Desired Method of Fee Imposition The newly enacted legislation amending the HIA State Statute requires that if the fee to be imposed is “on a basis other than the tax capacity or square footage of the housing unit”, the Council must make a finding that the alternative basis for the fee is more fair and reasonable.” Previous St. Louis Park HIAs used the percentage of ownership which was based primarily on square footage. The Sunset Ridge Association is seeking to base fees on a two-tiered system: • All common area improvements, siding, garages, lighting, common area windows and doors, etc., would be assessed to each unit based on the percentage of ownership which is based on square feet of units. • All windows and doors (limited common areas) would be assessed to each unit based on the cost of improvements to that unit. If a unit has only one window, that would be the cost associated with that unit. Units with more windows and doors would pay for the cost of windows and doors in their unit. The Association has provided the attached document outlining their rationale for allocation of fee. This method provides the benefit that owners will be eligible to apply for tax credits for energy efficient windows and doors because their costs would be specific to each unit. At the full membership meeting in early September the members present expressed strong support for this method of fee imposition. Kennedy & Graven has assisted in preparing the attached memo from Kathy Larsen to the City Council describing the proposed fee and providing a factual basis for the Council's use in making its required findings that the proposed two tiered system is more fair and reasonable. NEXT STEPS: Pending Council discussion and direction the following schedule is being proposed: September 24, 2009 Publish and mail Public Hearing notices October 5, 2009 Public Hearing at Council Meeting October 19, 2009 2nd Reading of HIA Ordinance Dec 3, 2009 Veto Period Ends Development Agreement Executed Loan Agreement Executed Construction can begin March 31, 2010 Prepayment Period Ends Hardship Deferment Application Deadline April 2010 Sale of Bonds 2011 Fee will appear on property tax statements beginning 2011 Meeting of September 14, 2009 (Item No. 6) Page 10 Subject: Sunset Ridge Housing Improvement Area FINANCIAL AND BUDGET CONSIDERATION: City’s Financial Director recommends issuing bonds to fund this project. This will alleviate the concern that large amounts of city reserve funds be tied up for a twenty year period and will ensure that the city has sufficient dollars available for more immediate cash flow needs. Basically all costs of the HIA are funded with the loan. The administrative costs incurred by the city are covered by an administrative fee of one-half one percent of the project cost which equals $20,143. The underwriting, bond issuance costs, all soft costs are all included in the project costs. Finally, the city will realize interest earnings of up to $65,000 on the bridge construction loan. VISION CONSIDERATION: This project is consistent with the VISION’s commitment to ensure a diversity of well maintained housing and affordable single-family home ownership. Attachments: Sunset Ridge HIA Method of Fee Imposition Memorandum February 23 and February 9 2009 Staff Reports Sunset Ridge – Owner Cost Allocation Narrative Prepared by: Kathy Larsen, Housing Programs Coordinator Reviewed by: Bruce DeJong, Finance Director and Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 6) Page 11 Subject: Sunset Ridge Housing Improvement Area MEMORANDUM To: Members of the City Council, St. Louis Park, MN From: Kathy Larsen, Housing Programs Coordinator Re: Sunset Ridge Housing Improvement Area – Method of Fee Imposition Date: September 9, 2009 Sunset Ridge Condominium (“Sunset Ridge”) has submitted a petition to the City of St. Louis Park (the “City”) requesting the establishment a Housing Improvement Area (“HIA”) pursuant to Minnesota Statutes, Chapter 428A (the “Act”) in order to finance several improvements to its buildings. Sunset Ridge has submitted an Owner Cost Allocation Narrative (the “Narrative”) containing its proposed method of imposing fees on owners of the Sunset Ridge units to pay for the improvements. Pursuant to newly enacted legislation amending Section 428A.14, subdivision 1 of the Act, the City Council must review the proposed method of imposing fees for HIA improvements. If the fee is imposed “on a basis other than the tax capacity or square footage of the housing unit, the council must make a finding that the alternative basis for the fee is more fair and reasonable.” This memorandum describes Sunset Ridge’s reasoning behind the proposed fees, and provides a factual basis for the City Council’s use in making its required findings. A. Condominium Documents and Laws Minnesota Statutes, Chapter 515B (the “Common Interest Ownership Act”) provides that all physical portions of a common interest community shall be designated as “Common Elements” (all portions of the common interest community other than the individual units) or “Limited Common Elements” (a portion of the Common Elements allocated by the common interest community’s declaration for the exclusive use of one unit), or “Units” (a portion of a common interest community with designated boundaries and intended for separate ownership and occupancy). Section 515B.2-102(f) of the Common Interest Ownership Act provides that improvements such as perimeter doors and windows constructed to serve a single unit are limited common elements allocated exclusively to that unit. Section 515B.3-107 of the Common Interest Ownership Act provides that an association is responsible for maintenance and repair to any Common Element, while each unit owner is responsible for maintenance and repair to his or her unit. The Declaration Establishing a Plan For Apartment Ownership Pursuant to the Minnesota Uniform Condominium Act for Sunset Ridge Condominium (the “Declaration”) governs who is responsible for maintenance and replacement of the various elements making up the Sunset Ridge physical structure. According to the Declaration, all portions of Sunset Ridge common to all residents (including foundations, exterior walls, corridors, roofs, and windows and doors accessing Meeting of September 14, 2009 (Item No. 6) Page 12 Subject: Sunset Ridge Housing Improvement Area common areas) are considered “Common Elements”, and the Sunset Ridge Association is responsible for the maintenance, repair and replacement of these elements. The Declaration separately defines “Limited Common Elements” as “those Common Elements which adjoin each Apartment and which exclusively serve and are to be enjoyed and used by the Owner, family and guests of each such apartment so adjoined”, including “all exterior doors and windows … designed to serve a single Unit.” These provisions of the Declaration are consistent with the Common Interest Ownership Act. B. Proposed Sunset Ridge Fees The improvements contemplated by Sunset Ridge include replacement of siding and exterior trim, decks, garages, soffits and fascia, common entry doors, common windows, gutters, site lighting and signage (the “Common Element Improvements”); and replacement of individual units’ windows, along with doors, storm doors and patio doors serving individual units (the “Limited Common Element Improvements”). Sunset Ridge proposes to set its fees based on two tiers. The first tier allocates a fee (referred to in the Narrative as the “Common Cost Allocation”) to a given unit based on the total cost of all Common Element Improvements multiplied by the percentage of ownership in Sunset Ridge allocated to that unit. The second tier allocates an additional fee (referred to in the Narrative as the “Limited Common Cost Allocation”) to a given unit based on the actual cost of all Limited Common Element Improvements serving that unit. The Narrative contains a twofold rationale for basing the fee for the Limited Common Element Improvements on actual cost rather than ownership percentage. Sunset Ridge asserts that it is more fair to assess individual units for the actual cost of improvements that benefit only their units than to base this portion of the fee on ownership percentage. Some units having a relatively high ownership percentage may have only a few windows requiring replacement, while other units with a low ownership percentage have a large number of windows to be replaced. This creates a situation in which the high ownership/low window owners subsidize the low ownership/high window owners. Secondly, the windows and doors to be replaced will qualify for the Federal Energy Efficiency Tax Credit. Owners applying for the credit must be able to document the cost of the windows and doors replaced. The Sunset Ridge allocation method for the Limited Common Element Improvements allows owners of each unit to identify and document this cost. C. Comparison to Tax Capacity and Square Footage Basis 1. The Common Cost Allocation proposed by Sunset Ridge is based on each unit’s percentage of ownership. The Sunset Ridge ownership percentages are, in turn, based on the square footage of each housing unit. Therefore, the Common Cost Allocation is based on square footage rather than an alternative basis, and the Council may make the finding that this fee is fair and reasonable per se. Meeting of September 14, 2009 (Item No. 6) Page 13 Subject: Sunset Ridge Housing Improvement Area 2. The Limited Common Cost Allocation is not based on tax capacity or square footage, but rather on actual cost of Limited Common Element Improvements to each individual unit. The Common Interest Ownership Act and the Declaration both provide that individual owners may be charged for the repair and maintenance of Limited Common Elements, so this allocation meets the relevant legal requirements. In addition, the Council could rationally make a finding that basing the fee for Limited Common Elements on actual cost per unit is more fair and reasonable than basing this fee on tax capacity or square footage. The Narrative provides evidence that basing the fee for Limited Common Elements on percentage of ownership would financially penalize the owners of some units while allowing others to pay less than the actual cost of their improvements. Likewise, basing the fee on tax capacity fails to account for the actual number of doors and windows in individual units, leading to the same potentially skewed result. Basing the Limited Common Cost Allocation on actual cost of Limited Common Elements affecting each unit is the most financially equitable method of ensuring that elements benefiting a single unit will not be subsidized by other, non-benefiting units. Meeting of September 14, 2009 (Item No. 6) Page 14 Subject: Sunset Ridge Housing Improvement Area Meeting Date: February 9, 2009 Agenda Item #: 10 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Update on Pending Sunset Ridge Condominium Housing Improvement Area (HIA). RECOMMENDED ACTION: No action is required at this time. This report is intended to update the City Council on this large, pending project. The Sunset Ridge Association anticipates petitioning the City Council to conduct a Public Hearing to establish the HIA and impose fees this spring. POLICY CONSIDERATION: The City is authorized by the state to establish HIAs as a finance tool for private housing improvements. The City adopted an HIA policy in 2001, and has established four HIA’s to date (see attachments). BACKGROUND: Sunset Ridge is located between 2010 and 2260 Ridge Drive. • There are nine buildings with 240 total units. • Built in the early 80’s. • 75% of the units are owner occupied. • The 2008 median EMV of the units is $126,000. • Unit values range from $104,500 to $153,000. The City’s policy requires that only associations where the median unit value is less than or equal to Minnesota Housing Finance Agency’s 1st time Home Buyers limit of $298,000, can apply for the HIA. Meeting of September 14, 2009 (Item No. 6) Page 15 Subject: Sunset Ridge Housing Improvement Area History Sunset Ridge Association has been working towards acquiring HIA designation since they contacted staff in early 2006 for possible assistance to address significant deterioration of siding and windows on the buildings. Based on this discussion the Board had a financial and physical needs plan developed to determine what improvements would be needed and developed a plan to finance them now and in the future. The Board then began the process of determining the scope of work; identifying contractors and communication with membership. 1. In April 2008 they submitted a preliminary application to us with the scope of improvements estimated at $4,700,000. This would result in an average fee per unit of almost $21,000. This is a significant loan amount compared to the value of the units. The average annual fee would be $2,111, with a monthly fee of $175. 2. Over the summer, the association put the HIA on hold while they negotiated with the insurance company to cover damages caused by the hail storm last May. In the end the roof costs were covered by the insurance, but siding and windows were not. So, the final scope of work for the HIA loan remained the same. In early November 2008 the final costs (see attached Ehlers allocation table) were made known to members and petitions were distributed to owners. The board has received petitions from a majority of owners, to pursue establishing an HIA and have fees imposed. 3. The economic conditions of the 3rd quarter of 2008 and the high project costs have caused the Board to reconsider the project’s scope. A new board was elected in January 2009 and a new property management company has been hired. The new board has been re-working the scope of work, garnering additional input from members, and looking at options to reduce the cost of the loan. The improvements are very basic: siding, soffits, gutters and windows, so there are “no unnecessary cosmetic” improvements. The board is considering cutting costs by using lower grade windows. The board is cognizant that in addition to the improvement costs, monthly association fees are being increased to ensure future reserves will cover future needs as outlined in the reserve study. 4. The Board has determined that the work needs to be done, and it costs a lot of money. Delaying the work will only result in further deterioration of the buildings some of which are experiencing mold and moisture problems due to poor siding and windows. They are prepared to request a public hearing while continuing to work to reduce the loan amount to make it more affordable. Issues Taking on additional debt during uncertain economic conditions is a challenge to the association, and the new board seems to be taking this very seriously, looking at all options to reduce the loan amount. They have had several meetings to garner additional membership input; one of the Board members is a project manager for a large metro construction firm and is bringing his expertise to the board. The new management company has a solid reputation for stressing long term property maintenance. Meeting of September 14, 2009 (Item No. 6) Page 16 Subject: Sunset Ridge Housing Improvement Area • There are 30 owners that have purchased units since 2003, when prices were high. These owners could be in a situation where the additional debt load could result in a higher debt load than unit value. The board is polling owners that purchased since 2003, to determine the impact of the additional debt. • There may be other owners burdened by the loan. The board is being directed to contact Community Action Partnership of Hennepin County to provide home finance counseling to all owners that could be significantly burdened by the loan. • Low-income seniors, (over 65 years), could be eligible for the City’s hardship deferment of special assessments. . City Financing of the Loan A 20 year loan is being considered to lower the monthly payments to the most affordable level feasible. The City Manager and Finance Director are considering the use of either internal financing or bond issuance and will make a recommendation to the Council. The benefit to residents of internal financing is that it lowers costs by approximately $100,000 by avoiding bond issuance and underwriting costs. If the City were to internally finance this, the Development Fund would be a likely source. From the City’s point of view, the level of risk is really no different in terms of internal vs. external financing. The real question for the City regarding internal financing relates to whether we will have sufficient dollars available for other needs. One upside to internally financing this is that the rate of return on the investment would be greater than what we are able to derive from the market right now (5 or 6% vs. 2%) Staff is recommending to the Association that the project proceed later in the year rather than earlier to reduce capitalized interest costs. FINANCIAL OR BUDGET CONSIDERATION: This is the largest amount of money to be requested by an Association, with an average loan that amounts to 17% of the median value of the units. The other HIA loans to unit value ranged from 4% to 14%. Our experience has been that the rate of HIA repayment delinquencies is the same as the citywide property tax delinquency rate which is quite low. The risk to the city of non-payment is low for three reasons, in the event of foreclosure, tax payments are first paid, the association assigns its assets (reserve funds) to the city; finally there is 105% debt coverage. As this project proceeds thru the City’s formal process staff will provide additional details on the merits of this proposal. VISION CONSIDERATION: The preservation of modest valued owner occupied homes is consistent with the vision to ensure a diversity of well maintained housing. Meeting of September 14, 2009 (Item No. 6) Page 17 Subject: Sunset Ridge Housing Improvement Area NEXT STEPS: Upon completion of the final scope of work the association will be requesting the Council conduct a Public Hearing to establish the Sunset Ridge HIA and impose fees. The association anticipates this will occur in March. Attachments: Ehlers’s draft Housing Improvement Area Project Costs Photos of siding and windows Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 6) Page 18 Subject: Sunset Ridge Housing Improvement Area Meeting Date: February 23, 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: Housing Improvement Area (HIA) Considerations. RECOMMENDED ACTION: No action is required at this time. This report provides information for City Council discussion at the study session. POLICY CONSIDERATION: The City is authorized by the state to establish HIAs as a finance tool for private housing improvements. The City adopted an HIA policy in 2001, and has established four HIA’s to date (see attachments). The Sunset Ridge Association anticipates requesting HIA designation early this spring. Their request is the largest request the City has ever received both in terms of the total dollar amount and the amount per unit. The request has raised a number of policy questions about how to handle HIA requests and when they should be approved. The issues are outlined below. BACKGROUND: A written report for the February 9, 2009 Council meeting provided background information related to the pending establishment of the Sunset Ridge Association HIA. The City Council asked to have the topic of HIA’s and the Sunset Ridge request placed on a study session agenda. In April 2008 Sunset Ridge submitted a preliminary application to us with the scope of improvements estimated at $4,700,000. This would result in an average cost per unit of almost $21,000. This is a significant loan amount compared to the value of the units. The average annual fee would be $2,111, with a monthly fee of $175. Basic information about Sunset Ridge is summarized below. Sunset Ridge is located between 2010 and 2260 Ridge Drive. • There are nine buildings with 240 total units. • Built in the early 80’s. • 75% of the units are owner occupied. • The 2008 median EMV of the units is $126,000. • Unit values range from $104,500 to $153,000. Meeting of September 14, 2009 (Item No. 6) Page 19 Subject: Sunset Ridge Housing Improvement Area The Sunset Ridge application meets City HIA requirements. However some key issues raised by this proposed project are outlined below for discussion. They are issues that relate to HIAs in general not just Sunset Ridge; and, they exist within the context of the current housing and lending markets for both the Association and the City. Homeowner Risks and Issues Taking on additional homeowner debt during uncertain economic conditions is a challenge to many association members. The Sunset Ridge Association has and continues to balance the need for making improvements that address years of deferred maintenance, with the burden of taking on additional debt. Homeowners have the following considerations: 1. Basic building maintenance needs to be done in a timely fashion. Deferring the improvements will lead to further deterioration of the buildings. There comes a time when the buildings simply need to be repaired. Stop-gap emergency repairs deplete reserves and lead to unplanned assessments. 2. An HIA loan provides an affordable long term method of paying for improvements. In the case of Sunset Ridge it is really the only viable financing option. 3. The cost of improvements may push the debt on some units above the current value of the units. Owners that purchased units since 2003, when home values were high, could be in a situation where the additional debt load could result in a higher debt load than unit value. At Sunset Ridge the board is polling the 30 owners that purchased since 2003, to determine the impact of the additional debt. 4. There are some resources for owners financially burdened by the loan. The board is being directed to contact Community Action Partnership of Hennepin County to provide home finance counseling to all owners that could be significantly burdened by the loan. Low-income seniors, over 65 years, could be eligible for the city’s hardship deferment of special assessments as well. City Issues 4. How best to fund HIA loans. The City has alternative mechanisms to fund the HIA improvements. The HIA law anticipates City’s using its bonding authority to fund HIA loans to homeowner associations. However St. Louis Park has funded the four loans to date from city reserves. The previous loans have been much smaller than the Sunset Ridge proposed loan. The city has the internal funds available to fund the Sunset Ridge loan and it would be financially beneficial to both the City and Sunset Ridge to do so; however, there are consequences to funding from reserves that need to be considered. 5. Internal funding of HIA loans has both benefits and costs for the City and Associations. a. Benefits of internal financing i. Costs the associations less by providing a savings of approximately $100,000 over the cost of bond issuance and underwriting Meeting of September 14, 2009 (Item No. 6) Page 20 Subject: Sunset Ridge Housing Improvement Area ii. The rate of return on the loan would be greater than what the city could derive from other investments right now, approximately 6% versus 2%. iii. Although future interest rates are unknown, it is unlikely the city could invest and earn interest greater than the HIA rates of 5.85-6.3%. b. The downside of internal financing is that city funds are tied up long term. The real question for the City regarding internal financing is whether the city has sufficient dollars available for other more immediate needs. c. The financial risk for the city is about the same whether the city funds the HIA loan from internal financing or issues bonds. In either case it is a general obligation of the city and we are counting on the Association to repay use. 6. Loan term a. The goal of determining the loan term is to encumber the city’s monies for the shortest term feasible, while making the fee payments affordable to owners of modest valued homes. Residents that can afford to pay the fee upfront, or find alternative financing to prepay the fee, can and do. b. Two of the existing HIA’s have 10 year loan terms and two have 15 years terms. The loan term for Sunset Ridge is proposed to be 20 years. c. The loan term should not outlive the life of the improvements. 7. The firewalls to reduce the city’s financial risk are significant and include: a. Repayment of the loan is made through owner’s real estate tax payments. b. In foreclosure events, tax liabilities including special assessments, must be paid by any party that purchases the unit. In this arena, HIA fees have been treated the same as special assessments. c. There is 105% debt coverage. d. The development agreements allow the city to obtain assignment of association’s assets. The agreements also can require associations to pay on behalf of delinquent members if payments are not made. e. The delinquency rate of existing HIA fees is low and consistent with the citywide property tax delinquency rate of less than 1%. f. Finally, prior to application, associations are required to conduct a reserve study of capital needs and long term financials before an application is submitted. The financial plan is reviewed by staff and the city’s financial advisor, Ehlers and Associates to determine long term feasibility of financing future improvements. g. The Development Agreements with Associations provide additional contractual conditions to ensure financial stability of associations. They require that associations i. Use professional property management. ii. Submit annual audits and update financial plans to demonstrate capability for ongoing maintenance & operations. iii. Demonstrate increases in monthly association dues to build reserves to a sustainable level. Meeting of September 14, 2009 (Item No. 6) Page 21 Subject: Sunset Ridge Housing Improvement Area 8. On-going maintenance of townhomes and condos a critical community need. There are roughly 2700 townhomes and condos in St. Louis Park. The majority of them are over 20 years old. For the strength of our neighborhoods and the whole community, it is important that these homes be well maintained. In some cases private financing is not available or affordable for these homeowner associations. In those situations, participating in the city’s HIA program maybe the only way to finance critical home improvements. Deteriorating housing would be a huge risk for the community if allowed to happen. FINANCIAL OR BUDGET CONSIDERATION: The pending Sunset Ridge HIA is the largest amount of money to be requested by an Association at approximately $5,000,000. Due to the large amount of money and current economic conditions, this topic warrants discussion. Four associations with over 500 housing units have received loans totaling over $2,500,000 to date. The city internally funded these loans and has experienced no significant issues in loan repayments. This investment in owner occupied affordable housing is notable. VISION CONSIDERATION: The preservation of modest valued owner occupied homes is consistent with the vision to ensure a diversity of well maintained housing. HIAs are a means of accomplishing the city’s vision by assisting associations with financing property maintenance of affordable owner occupied units. The increase value of improved properties benefits the city and its residents. NEXT STEPS: Staff will keep Council apprised of the Sunset Ridge Condominiums desire to request a public hearing to establish the Sunset Ridge HIA. Attachments: City Housing Improvement Area Policy, adopted July 2001 HIA Summary Sheets Sunset Ridge HIA Study Session Report February 9, 2009 Prepared by: Kathy Larsen, Housing Programs Coordinator Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 6) Page 22 Subject: Sunset Ridge Housing Improvement Area CITY OF ST. LOUIS PARK HOUSING IMPROVEMENT AREA POLICY 1. PURPOSE 1.01 The purpose of this policy is to establish the City's position relating to the use of Housing Improvement Area (HIA) financing for private housing improvements. This policy shall be used as a guide in processing and reviewing applications requesting HIA financing. 1.02 The City shall have the option of amending or waiving sections of this policy when determined necessary or appropriate. 2. AUTHORITY 2.01 The City of St. Louis Park has the authority to establish HIAs under 1994 Minnesota Laws, Chapter 587, Article 9, Section 22 through 3 1, and extended in 2000, M.S. 428A.21 2.02 Within a HIA, the City has the authority to: A. Make housing improvements B. Levy fees and assessments C. Issue bonds to pay for improvements 2.03 The City Council has the authority to review each HIA petition, which includes scope of improvements, association’s finances, long term financial plan, and membership support. 3. ELIGIBLE USES OF HIA FINANCING 3.01 As a matter of adopted policy, the City of St. Louis Park will consider using HIA financing to assist private property owners only in those circumstances in which the proposed private projects address one or more of the following goals: A. To promote neighborhood stabilization and revitalization by the removal of blight and/or the upgrading of the existing housing stock in a neighborhood. B. To correct housing or building code violations as identified by the City Building Official. C. To maintain or obtain FHA mortgage eligibility for a particular condominium or townhome association or single family home within the designated HIA. D. To increase or prevent the loss of the tax base of the City in order to ensure the long-term ability of the City to provide adequate services for its residents. E. To stabilize or increase the owner-occupancy level within a neighborhood or association. Meeting of September 14, 2009 (Item No. 6) Page 23 Subject: Sunset Ridge Housing Improvement Area F. To meet other uses of public policy, as adopted by the City of St. Louis Park from time to time, including promotion of quality urban design, quality architectural design, energy conservation, decreasing the capital and operating costs of local government, etc. 4. HIA APPROVAL CRITERIA 4.01 All HIA financed through the City of St. Louis Park should meet the following minimum approval criteria. However, it should not be presumed that a project meeting these criteria would automatically be approved. Meeting these criteria creates no contractual rights on the part of any association. A. The project must be in accordance with the Comprehensive Plan and Zoning Ordinances, or required changes to the Plan and Ordinances must be under active consideration by the City at the time of approval. B. The HIA financing shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial requirements and policies. C. The project should meet one or more of the above adopted HIA Goals of the City of St. Louis Park. D. The term of the HIA should be the shortest term possible while still making the annual fee affordable to the association members. The term of any bonds or other debt incurred for the area should mature in 20 years or less. E. The association in a HIA should provide adequate financial guarantees to ensure the repayment of the HIA financing and the performance of the administrative requirements of the development agreement. Financial guarantees may include, but are not limited to the pledge of the association's assets including reserves, operating funds and/or property. F. The proposed project, including the use of HIA financing, should be supported by a majority of the owners within the association. The association should include the results of a membership vote along with the petitions to create the area. G. The Association must have adopted a financial plan that provides for the Association to finance maintenance and operation of the common elements within the Association and a long-range plan to conduct and finance capital improvements therein, which does not rely upon the subsequent use of the HIA tool. Meeting of September 14, 2009 (Item No. 6) Page 24 Subject: Sunset Ridge Housing Improvement Area H. HIA financial assistance is last resort financing and should not be provided to projects that have the financial feasibility to proceed without the benefit of HIA financing. Evidence that the association has sought other financing for the project should be provided and should include an explanation and verification that an assessment by the association is not feasible along with letters from private lenders or other evidence indicating a lack of financing options. I. The homeowner's association must be willing to enter into a development agreement, which may include, but is not limited to, the following terms: establishment of a reserve fund staffing requirements annual reporting requirements conditions of disbursement required dues increases notification to new owners of levied fees J. The improvements financed through the HIA should primarily be exterior improvements and other improvements integral to the operation of the project, e.g. boilers. In the case of a homeowner's association, the improvements should be restricted to common areas. The improvements must be of a permanent nature. The association must have a third party conduct a facility needs assessment to determine and prioritize the scope of improvements. K. HIA financing should not be provided to those projects that fail to meet good public policy criteria as determined by the Council, including: poor project quality; projects that are not in accord with the Comprehensive Plan, zoning, redevelopment plans, and the City policies; projects that provide no significant improvement to the neighborhood and/or the City; and projects that do not provide a significant increase in the tax base and/or prevent the loss of tax base. L. The financial structure of the project should receive a favorable review by the City's Financial Advisor and Bond Counsel. The review will include a review of performance and level of outstanding debt of previous HIAs. M. The average market value of units in the association should not exceed the maximum home purchase price for existing homes under the State’s first time homebuyer program. (In 2001, the metro amount is $175,591) N. The association is to submit an application along with application fee as set from time to time by resolution of the City Council. Adopted by the City of St. Louis Park on the 16th day of July 2001. Meeting Date: September 14, 2009 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: Communications (Verbal). RECOMMENDED ACTION: Not Applicable. POLICY CONSIDERATION: Not Applicable. BACKGROUND: At every Study Session, verbal communications will take place between staff and Council for the purpose of information sharing. FINANCIAL OR BUDGET CONSIDERATION: Not Applicable. VISION CONSIDERATION: Not Applicable. Attachments: None Prepared and Approved by: Tom Harmening, City Manager Meeting Date: September 14, 2009 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: Wind Energy Regulations. RECOMMENDED ACTION: This report is being provided as an update for the City Council. Please let staff know if you have questions or concerns regarding the direction proposed to be taken or if this should be placed on a study session for further discussion. Absent this, staff intends to prepare an ordinance amendment relating to wind generators and process it through the Planning Commission and Council for formal action. POLICY CONSIDERATION: Should the city adopt ordinances to regulate alternative wind energy sources? BACKGROUND: On March 23, 2009, the City Council received a report from staff outlining current regulations as they pertain to wind turbines. The conclusion was that existing regulations do not specifically address wind turbines, and that wind generators would not currently be allowed under the zoning ordinance. It was determined that it would be best to be proactive and take a closer look at the issue of wind generators and city regulations. Since the March 23rd meeting, staff attended two separate seminars on wind energy. The city also hired Brian Ross, Principal of CR Planning to provide a framework for wind energy regulations. His firm specializes in energy planning, and has assisted numerous cities, counties and some states, including Minnesota, in formulating energy policies and regulations. Highlights of the report are: ▪ Two reasons for having regulations on wind energy installations: i. To promote or encourage renewable energy; and ii. To address actual or perceived nuisances associated with wind energy installations. ▪ Wind energy installations are not the most cost effective means to reduce energy bills, however they can be a step toward sustainability and energy self sufficiency. ▪ The Twin Cities Metropolitan Area is an area of poor wind resources. The urban landscape creates a low-speed turbulent wind resource that is difficult to capture with existing technology. Meeting Date: September 14, 2009 (Item No. 8) Page 2 Subject: Wind Energy Regulations ▪ Wind generators can be categorized into three broad types, Utility-scale generators, Small Wind generators (potentially powering a single site); and, Micro wind systems (emerging technology – very low power generators) ▪ St. Louis Park does not have any large scale wind opportunities. Some property owners may be interested in pursuing small or micro scale generators. ▪ While micro wind systems may be the most applicable type for St. Louis Park, most of our residential areas are not appropriate for these systems because of: Æ Visual impacts - the height needed is 50 feet above structures, Æ Tower fall zone is needed at 100% or more of height, Æ Noise is generated from wind energy installations and can be an issue. Next Steps: While no one is proposing a wind generator in the city today, it is not hard to imagine that we will receive inquiries and proposal in the foreseeable future as alternative energy and sustainability continue to be important issues to our residents. It seems appropriate to be proactive and incorporate regulations specific to wind generators into our zoning ordinance now rather than simply rejecting all future generator requests. Unless staff hears that Council would like to discuss this further, staff will move forward with the Planning Commission to craft specific regulations consistent with the technical information the CR Planning report has provided. The focus would be on the possibility of “Small Wind Generators” on larger commercial or industrial sites; and “micro wind generators” potentially on larger sites in residential locations as well as non-residential parcels. Key ingredients of the regulations would likely include: 1. 1 acre minimum lot size for installations; 2. Setbacks of 100% or more of the height of the installation; 3. Maximum heights consistent with the current tower height regulations (generally 70 ft. maximum in residential districts by CUP, 110 ft to 199 ft maximum heights in non-residential and non-neighborhood commercial districts); 4. Strong restrictions on generators in residential districts; more permissive controls in commercial and industrial zoning districts; 5. Standards related to noise, lighting, maintenance, design and productivity requirements. FINANCIAL OR BUDGET CONSIDERATION: In the March 23rd staff report it was indicated that a zoning study for wind generators would not exceed $10,000. Taking the next steps toward adopting wind generation regulations would still fall with in that cost estimate. The analysis so far has cost approximately $1,000. Meeting Date: September 14, 2009 (Item No. 8) Page 3 Subject: Wind Energy Regulations VISION CONSIDERATION: Research on wind turbine towers is consistent with the Council’s Vision Strategic Direction, “St. Louis Park is committed to being a leader in environmental stewardship.” Attachments: Wind Energy Background Report – Community Resources Planning Prepared by: Gary Morrison, Assistant Zoning Administrator Meg McMonigal, Planning & Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: September 14, 2009 (Item No. 8) Page 4 Subject: Wind Energy Regulations Wind Energy Background Report Wind Energy Background Report Local Government Goals for Renewable Energy Regulation Communities typically enact wind energy development regulations in order to meet two distinct goals: 1. In order to promote or encourage renewable energy in their community; 2. In order to address the actual and perceived nuisances associated with wind energy installations. These two goals are not mutually exclusive; most communities consider both goals as they construct development regulations to address wind energy installations. The most important consideration as the community evaluates wind energy ordinance provisions is to keep these two goals in mind as each aspect of regulation is debated. While the two goals are not mutually exclusive, some regulatory provisions will serve one of these goals at the expense of the other. A typical element of wind energy regulation is regulating tower height. Restricting tower heights serves the goal of limiting visual nuisances and addressing safety considerations, serving goal #2. Restricting tower height also has the effect of limiting renewable energy production (goal #1). Electric production from a wind turbine is greatly affected by tower height; limiting tower heights has a dramatic diminishing effect on the production of renewable energy. Similarly, setting the tower height limit to 120 feet will allow most small wind turbines to maximize the local wind energy, best serving goal #1. In urban areas, however, a 120 foot tower comes with visual impacts and safety risks. In the event of a tower collapse, albeit a rare event, a 120-foot tower in an urban area poses safety risks to more than one neighbor. Balancing Goals The St. Louis Park Comprehensive Plan has a number of goals that demonstrate the need to consider both of the two general goals noted above. The Comprehensive Plan calls both for improving the sustainability of the City and for protecting neighborhood character. Many communities are struggling with the question of whether wind energy is a reasonable use in residential areas or if it should be considered primarily as a non-residential use. Why invest in wind energy? Investments in wind energy systems are made for a variety of reasons. Every investment in wind energy, furthermore, involves multiple levels of stakeholders, including adjacent property owners, the electric utility, and the local government. Homeowners, businesses, utilities, and local governments have distinct interests in wind energy, as noted below. Homeowners are interested in wind energy to reduce their carbon footprint, become more self- sufficient or independent, save money on the utility bill, and because of an interest in the technology. Businesses are interested in wind energy for the ‘green’ symbolism of renewable energy and meeting climate protection or sustainability commitments. Businesses also may see wind energy Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 5 Subject: Wind Energy Regulations Wind Energy Background Report installations as a way to reduce energy costs or limit risk of energy price volatility through diversifying their energy supply. Utilities have several interests in wind energy development. For instance, utilities have a statutory interest in renewable energy in the form of the Renewable Portfolio Standard. Most of the RPS capacity, however, will be met via contracts with large-scale wind developers and some of their own investment in wind farms. Small scale wind is unlikely to play significantly in the utility meeting its statutory obligations. In addition to meeting their RPS goals, utilities have an interest in small wind energy projects because these projects fall under Minnesota’s “net metering” law (the utility has to buy the power at the same rate as the home or business buys from the utility), and distributed wind generation affects how energy is consumed, generated, and distributed on the utility grid. Local governments have several point of interest in renewable energy. Cities such as St. Louis Park have made commitments to sustainability or climate protection and might see renewable energy as being in the portfolio of solutions to meeting those commitments. Renewable energy is also a local resource that displaces an ‘imported’ resource, meaning that renewable energy has economic development benefits. Finally, renewable energy is a form of “distributed generation”, which has proven to improve power quality and reliability on the local electric grid, a critical component of local infrastructure that runs along City rights-of-way. Balancing Sustainability Choices Local governments need to consider the interaction of these various interests in evaluating local renewable energy policy or regulation. In making informed choices about sustainability, the City must also consider the multiple paths to sustainability. For instance, while wind energy installations will reduce a homeowner’s or business’s energy bill, wind energy is not the most cost effective means to achieve that particular goal. Energy efficiency is virtually always a better investment than renewable energy systems from the standpoint of cost savings or total effect on greenhouse gas reductions. The cost-effectiveness perspective is not, however, always the primary interest in choosing a sustainability strategy – energy efficiency rarely provides a visible symbol of sustainability as does a renewable energy system. Renewable energy also offers the promise of self-sufficiency (you need some kind of energy production to build a zero-energy building or to get to a zero net carbon footprint). Within renewable energy choices, solar energy is sometimes the better sustainability choice than wind energy. Solar is not as cost-effective as wind energy, except in urban areas where the wind resource is sporadic and the nuisances of wind energy more limiting. Both wind and solar energy are complementary to an energy efficiency strategy for moving toward a zero-energy or zero-carbon building. Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 6 Subject: Wind Energy Regulations Wind Energy Background Report Prepared by CR Planning, Inc. Wind Energy Resources and Technology Wind Resources in Minnesota, the Metropolitan Area and St. Louis Park. Minnesota has a tremendous wind energy potential. The wind energy resource is, however, not distributed evenly across the State; some areas have an excellent wind resource, while other areas have a poor wind resource. A statewide representation of wind resources is shown in Figure 1. The factors that contribute to a good wind resource include: ¾ Topography: high ground has more wind resource than low ground. The Buffalo Ridge in southwest Minnesota is higher than surrounding areas for miles, and thus provides a large area of good wind resource. The Minnesota River Valley similarly stands out as a lower resource area than surrounding land. ¾ Land Cover: Land cover such as trees and buildings reduce wind resources, while land cover such as crops and prairie have little effect. Prairies and lakes show up as good areas for wind energy, forested areas are poor (at least at the 30 meter height). ¾ Obstructions Creating Turbulence: A single object sticking up will create turbulence in the wind. Buildings, trees, even wind turbines themselves will create turbulence for surrounding areas. Turbulence will dramatically reduce the effectiveness of wind energy conversion systems. Meeting Date: September 14, 2009 (Item No. 8) Page 7 Subject: Wind Energy Regulations Wind Energy Background Report Given these characteristics, one can understand why the metropolitan region appears to be an area of poor wind resources. Figure 2 shows a blowup of the same map for the metropolitan region. As can be noted, there are very few obvious opportunities to capture high-quality wind energy. The urban landscape creates a low-speed turbulent wind resource that is difficult to capture with existing technology. SLP When considering the wind resource maps, keep in mind that the maps present data at a 500- meter resolution. This resolution accurately depicts the regional wind resource differences, but does not provide resolution sufficient to identify specific sites that are good or bad for wind energy. There are small sites that are quite good for wind energy in the white (poor resource) areas, and poor sites in the high value areas (orange and brown) along Buffalo Ridge. Also, the maps show wind resources at 30 meters (about 100 feet). We chose to present the 30 meter data because that is the most relevant information for the type of wind turbine likely to be seen in St. Louis Park (see the wind technology summary). Wind Energy Conclusions Based on these data, St. Louis Park certainly does not have any large scale wind energy opportunities. St. Louis Park may, however, have some small sites that have the right characteristics of topography, land cover, and lack of turbulence for the land owner to consider wind energy as an option for sustainability. Even the best sites, however, are likely to be marginal from the standpoint of cost effectiveness or productive energy output per dollar of capital. Identifying good sites is likely to occur on an ad hoc basis, or on guesswork by the Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 8 Subject: Wind Energy Regulations Wind Energ Prepared by CR Planning, Inc. landowner. Some communities have evaluated wind resources at a more detailed community level in order to assess where to put, for instance, a wind energy overlay district. The cost of such a study (ranging from $3,000 to $7,000) must be balanced against the likelihood of identifying meaningful wind resources. As noted later, if the City wishes to consider renewable energy production as a regulatory threshold, it can require performance estimates in the application for a land use or building permit. Current Technology and Technology Trends Wind energy technology has changed considerably over the last 20 years, and continues to evolve. For the purposes of this background report, we have separated the technology into three categories that help guide renewable energy regulation in St. Louis Park; 1) Utility-scale wind turbines 2) Small wind turbines 3) Micro- and alternative-design turbines 1) Utility-scale Wind Turbines. Utility-scale turbines are the largest type of turbine, typically seen in rural areas as part of wind farms, as seen in western Minnesota and northern Iowa, but occasionally on an individual basis, such as the Carleton Collage and Saint Olaf College turbines on the edge of Northfield. Size: These turbines are 300-600 feet in height and have a rated capacity measured in the megawatt (MW) range. Purpose: Utility-scale turbines are almost always designed to generate electricity for sale on the electric grid, and can produce electricity that is cost competitive with more traditional fuels. Evolution of technology: As the industry evolves, these turbines are getting bigger and bigger; 15 years ago a large turbine had less than one MW of generating capacity, turbines now are multiple MWs in capacity and getting larger. Applicability to St. Louis Park: The only cities that need to address such large turbines in their development ordinances are cities outside metropolitan areas. The turbines need to be clearly separated from homes and infrastructure by hundreds of feet and are placed only where the wind resource is optimal. St. Louis Park does not have sites suitable for such a large scale turbines. y Background Report Meeting Date: September 14, 2009 (Item No. 8) Page 9 Subject: Wind Energy Regulations d Energy Background Report Prepared by CR Planning, Inc. 2) Small Wind Turbines. Small wind turbines include most all non-utility scale turbines and have a wide range of heights and capacity. They are substantially smaller than utility scale turbines – there is a large gap in size and capacity between utility-scale and small wind turbines. Size: Small wind turbines usually have towers between 60 and 120 feet, although some will approach 200 at the top end of the scale. Capacity is measured in kilowatts (KW) rather than the MW range of the utility-scale turbines, but rarely is more than 100 KW. Purpose: Small wind turbines are usually deployed as single units rather than as part of a wind farm, and frequently sized to first meet on-site electric demand rather than to generate electricity for sale on the grid. These systems are not cost competitive as utility power sources, but can be (with a good wind resource) cost competitive from a retail perspective. Small wind is probably the most cost effective on-site renewable energy technology. Evolution of technology: While small wind technology is evolving, the capacity and height are largely unchanged over the last ten years. Changes have been in improved efficiency, reduced noise, and increased reliability. Applicability to St. Louis Park: Many cities need to address small wind in their development ordinances. The cost of small wind turbines is within the reach of homeowners and small businesses. As the interest in renewable energy grows, more individuals wish to put up small wind turbines in order to make a relatively economic investment in renewable energy. Issues will include visual impacts, safety considerations, and concerns about noise, shadow flicker, and property value impacts. 3) Micro systems and Alternative Technologies. Micro systems and alternative technologies include very small traditional turbines, and a variety of vertical axis and building-mounted wind energy systems. These systems are far less common than traditional small wind and do not have the years of demonstrated success of either small wind or utility scale wind. Size: Micro systems and alternative systems are usually less than 80 feet tall and frequently are advertised to be mounted in urban areas even on buildings. The capacity is usually less than 10KW and may even be measured in watts (less than one kilowatt). Purpose: Micro systems and alternative technologies are intended to provide power for WinThe Swift wind turbine from Cascade Engineering (Credit: Cascade Engineering) Meeting Date: September 14, 2009 (Item No. 8) Page 10 Subject: Wind Energy Regulations Wind Energy Background Report primarily on-site use in situations where traditional small wind cannot be deployed (such as low-speed wind, turbulent wind, and in urban settings). The systems are intended to compete with other forms of on-site energy production (solar energy, wood energy, biomass), and offer a renewable alternative to retail electric prices. Evolution of technology: Micro systems and alternative designs are rapidly changing. A number of new companies are marketing new products for the specific purpose of tapping into the urban and suburban market for wind energy. Nearly all these products, however, are largely unproven as a meaningful source of renewable energy. Some recent real world tests of these technologies have demonstrated a much lower than advertised performance. New technologies are being rolled out but no technology has yet proven to be able to capture urban or low-speed wind. Applicability to St. Louis Park: Many cities need to address micro turbines and small wind in their development ordinances. The target market for these systems is the homeowner and small businesses, and the cost is generally lower than traditional small wind systems. Issues to address include both nuisance considerations as noted for small wind systems and the viability of the systems to actually generate renewable energy. Technology Conclusions St. Louis Park is most likely to see requests to install the latter two categories of wind energy technologies; small wind, and micro/alternative technologies. St. Louis Park has a variety of lot sizes and land uses, some of which could be appropriate for wind energy systems. Most residential areas, however, have lot sizes and residential density that is not appropriate even for small wind, leaving just the micro- and alternative systems as a potential option for these areas. As noted above, the primary question then becomes whether such systems are even viable as renewable energy systems in St. Louis Park’s low energy wind regime. Some consideration may also need to be given to systems that exceed the small wind size thresholds noted above that could conceivably be used on a few industrial or large commercial sites. For instance, the wind turbine at the Great River Energy facility in Maple Grove, adjacent to the large commercial shopping are, does not reach the threshold of a utility-scale system but is bigger than what is considered a small wind system. Such a possibility can be addressed via a conditional use permit process to assess the particular visual and safety impacts on the larger site. Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 11 Subject: Wind Energy Regulations Wind Energy Background Report Prepared by CR Planning, Inc. Regulatory Issues Regulation associated with wind energy takes two forms, which mirror the two regulatory goals noted at the beginning of this background report: 1. Regulation to encourage renewable energy 2. Regulation to address nuisances and land use conflicts Nuisance Regulation Wind energy systems can create a number of real or perceived nuisances or safety considerations that are addressed in wind regulatory ordinances, including the following: ¾ Tower fall zone ¾ Visual impacts ¾ Bird and bat kills ¾ Noise performance standards ¾ Shadow flicker ¾ Harm to habitat ¾ Construction impacts ¾ Electro-magnetic interference ¾ Ice throw ¾ Impacts to property value Most of these considerations, including construction impacts, electro-magnetic interference, bird and bat kills, shadow flicker, and harm to habitat, are much more associated with utility scale turbines and wind farms (multiple turbines operated to generate power for the wholesale market). St. Louis Park does not need to consider wind farms or utility scale turbines, and thus can likely disregard these considerations except as a perceived, rather than real, risk. Individual instances may occur, such as a few birds killed by turbines, but the impact on bird populations from small wind systems is negligible. Other considerations, particularly ice throw and related risks such as blades breaking off and flying hundreds of feet, are exclusively perceived risks with little evidence to support actual risk. Finally, the assertion that wind energy negatively affects property values is frequently raised as a risk, but for which there is little evidence. Property value impacts are not supported by evidence in market studies, with the exception of some anecdotal evidence where utility-scale wind farms are located near residential properties or where safety setbacks were ignored in areas of urban density. Therefore, the primary regulatory issues for the type of wind development likely to be seen in St. Louis Park include the following: Tower fall zone – While extremely rare, towers of all types have been blown down or damaged in severe weather. Small wind towers are no exception, and most communities address this issue in development regulation. Noise – Wind turbines do create noise, and early versions of small wind turbines created enough noise to exceed nuisance thresholds. Most newer small turbines stay below nuisance noise thresholds (below 50 decibels), but noise is still considered a nuisance risk in most communities that regulate wind energy. Visual impacts – Visual impacts are the most qualitative nuisance risk, but also the most common. In many cases, opposition to wind turbines is rooted almost entirely in the anticipated visual impact the tower has from nearby homes; other issues may be raised, but the visual impact Meeting Date: September 14, 2009 (Item No. 8) Page 12 Subject: Wind Energy Regulations Wind Energy Background Report is the lynchpin to most concerns. Visual impacts are also extremely difficult to mitigate except by reducing tower heights, which then reduces the renewable energy value of the installation. Incentives in Regulation Identifying regulatory incentives helps meet the first goal for renewable energy development regulation (promoting or encouraging renewable energy in the community). Many cities, including St. Louis Park, have set high-priority goals to improve sustainability, reduce climate- changing emissions, or foster the use of local resources. Renewable energy development can help a community meet all these goals, and is frequently described as an important implementation element for meeting sustainability or climate protection goals. Regulatory initiatives take two forms in land use and development regulation: A. Removing regulatory barriers to renewable energy development, and B. Creating incentives within development regulation. A. Removing regulatory barriers is primarily a process of: 1) identifying where the city’s traditional tools of land use regulation, such as setback requirements, dimensional standards, height requirements, and design standards, conflict with the goal of encouraging renewable energy, and; 2: identifying how regulations can be changed to better accommodate renewable energy without subverting the original intent of the land use regulation. Some forms of renewable energy, such as solar power, are fairly compatible with the urban form of development typically found in St. Louis Park. Solar power does not, in most cases, need to be higher than the primary structure, it makes no noise, and presents virtually no safety risk to surrounding properties. The primary nuisance is one of aesthetics or conflicts with design standards, and the primary resource concern is addressing solar access across property lines. Mitigating tools are readily available for most of these issues. Removing barriers to wind energy systems, however, presents a more difficult set of choices for St. Louis Park. In order to be most effective, wind turbines must be where the wind is best; 50 feet above nearby structures or trees. In light of this need, removing regulatory barriers requires that the City consider the following changes: ¾ Changing in height limitations to allow substantially higher structures (towers) in order to allow capture of the wind resource. ¾ Finding setback compromises that address the tower fall zone, using either a setback standard or a lot size limitation. ¾ Considering impacts on community character in regard to visual impact by identifying areas where towers have significant impact on character or viewshed, and those areas where visual impacts are less significant. B. Creating incentives for renewable energy is a relatively new consideration for local governments. Fortunately, local governments have significant experience with local incentives for other goals, and many of those incentives can be adapted to encouraging renewable energy. Appropriate incentives for wind energy, assuming wind energy can meet community standards for safety, aesthetics, and performance, may include the following: ¾ Regulatory flexibility in new construction Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 13 Subject: Wind Energy Regulations Wind Energy Background Report ¾ An option for meeting sustainability requirements when the City is a financial partner in a development ¾ An option with PUDs ¾ A preference within ‘green’ or high performance building standards, such as LEED. Types of Wind Energy Regulations A discussion of specific regulatory tools and how communities sometimes use these tools follows. Specific examples of how these concepts have been applied can be found in the model ordinance referenced in the text box. Tower Height – Allowing wind turbines on a lot, but limiting tower height to anything less than 80 feet in St. Louis Park is likely to dramatically limit energy productivity. The relationship between tower height and energy production is not linear, but geometric. In urban areas, for instance, a 50% increase in tower height, from 40-feet to 60-feet, may only result in a marginal improvement in production. A 50% increase, from 60-feet to 90-feet, however, may dramatically improve productive value. From the standpoint of sustainability, limiting tower height is a poor way to regulate wind turbines. Sustainability goals are not served by allowing investment in renewable energy, then severely constricting the renewable energy output. Counties, cities, and townships are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of: “promoting the health, safety, morals, and general welfare of the community.” How wind energy land use issues affect each type of community will significantly change the structure and focus of the WECS ordinance. Some common elements to consider in all communities are noted below. A. Distinguish between Types of Wind Energy Applications B. Define Necessary Permits C. Establish Setbacks D. Establish Safety Standards E. Establish Design Standards F. Establish Other Applicable Standards G. Minimize Infrastructure Impacts Source: From Policy to Reality: Revised Model Ordinances for Sustainable Development, Minnesota Pollution Control Agency/CR Planning, Inc., 2009 Elements of a Wind Energy Conversion System (WECS) Ordinance Lot Size – Limiting installations of wind energy to lots of an acre or more can address several nuisance issues. An acre or more ensures that installations might be able to meet safety setback requirements, mitigates for noise considerations beyond the lot line, and mitigates some of the visual impact. Community sustainability goals may be compromised if large lots are in poor wind locations, meaning that wind energy installations can only happen through redevelopment at lower density (which may conflict with other sustainability goals). Setbacks – Setbacks are a necessary element of regulating wind energy, except perhaps for building-mounted systems. Setbacks generally need to be at least the height of the tower from either a lot line or a residence (other than the residence on site). Some communities will require a larger setback - 110% or 125% of tower height. Some communities have extended the setback Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 14 Subject: Wind Energy Regulations Wind Energy Background Report even farther, asking that turbines be 200% of tower height, although there is little quantifiable justification for a 200% setback for small wind installations. District limitations – Wind energy can be restricted, or given preference, by zoning district or overlay district. Communities may, for instance, prohibit wind turbines in higher density residential districts, but make wind turbines a permitted use in industrial and large commercial districts. The overlay concept can be used to restrict wind systems, such as in a scenic view area. Overlays are also used to encourage wind, such as a wind overlay district where wind resources are known to be valuable and wind turbines are given precedence over visual considerations. Performance standard – Performance standards can address many real or perceived nuisances associated with wind turbines. Noise standards, measured at the property line, protect both adjoining landowners from excessive noise and the wind turbine owner from unwarranted complaints. Other standards that communities sometimes set include: 00.05 Standards. A small wind energy system shall be a permitted use in all zoning districts subject to the following requirements: (1) Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from: (a) any public road right of way, unless written permission is granted by the governmental entity with jurisdiction over the road; (b) any overhead utility lines, unless written permission is granted by the affected utility; (c) all property lines, unless written permission is granted from the affected land owner or neighbor. (2) Access. (a) All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. (b) The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 8 feet above the ground. Source: Small Wind Energy System Ordinance, Focus on Energy Wisconsin Small Wind Model Ordinance ¾ lighting, ¾ protection of natural resource areas, D. Sound Pressure Level: On-site Use wind energy systems shall not exceed 55 dB(A) at the property line closest to the wind energy system. This sound pressure level may be exceeded during short term events such as utility outages and/or severe wind storms. If the ambient sound pressure level exceeds 55 dB(A), the standard shall be ambient dB(A) plus 5 dB(A). Source: Sample Zoning Amendments for Wind Energy Systems, Michigan State University Extension, 2008 Noise Performance Standard ¾ electromagnetic interference, ¾ maintenance Design standards – In order to mitigate specific visual or safety considerations, some communities will regulate the tower’s appearance or design. Regulated items include: ¾ tower type (monopole, guyed, frame) ¾ tower finish (non-obtrusive color) ¾ prohibiting signage on tower ¾ attractive nuisance – no unsecured ladders on towers or fencing around ladders ¾ design and location of ancillary structures and facilities (power lines, battery storage, etc). Prepared by CR Planning, Inc. Meeting Date: September 14, 2009 (Item No. 8) Page 15 Subject: Wind Energy Regulations Wind Energy Background Report Prepared by CR Planning, Inc. Productivity standards – The performance of the wind turbine, in terms of how productive the turbine is at producing electricity, would not normally be a regulatory issue. Productivity generally affects only the owner. Given, however, that the City is considered two regulatory goals (regulating nuisances and improving sustainability) productivity becomes an important consideration. Sustainability is not improved by a wind turbine that does not produce any electricity, or the produces at rate that the owner would have been better off putting in a solar system, efficiency measure, or other sustainability investment. The productivity of micro turbines, building mounted systems, and other alternative technologies are particularly prone to dramatic underperformance. If the City is considering incentives to encourage wind energy, productivity is very important. The City is a partner in the installation and should get a reasonable ‘return’ on its partnership. Installers should provide an estimate of annual production, and production should be monitored to ensure that claimed benefits occur. Regulatory Conclusions St. Louis Park should consider the following regulatory issues: ¾ Wind locations. Where in St. Louis Park might full height (80 - 120 feet) towers for small wind be located without having significant impact on surrounding land uses? Do such locations exist, and if so should wind energy systems be given preference over visual impacts on neighbors? ¾ Land use limitations. What limitations should be placed on wind energy as a land use outside areas that can accommodate full size towers? A number of tools can be used to limit wind energy installations, including designating wind systems as only allowed in specific districts, limiting installations by lot size of the primary use, setback requirements, and limiting height. ¾ Performance standards. What performance standards should the City consider for small and micro-wind systems? Performance standards can be used to both mitigate nuisances and protect wind turbine owners by setting a clear standard against which they can be measured. ¾ Productivity. Should the City consider, in developing ordinances, the productivity of the system? In other words, should the City discourage wind turbines that have questionable productivity, including building-mounted micro-turbines or wind turbines on short (35- 60 foot) towers? ¾ Incentives. Is the City considering incentives or other encouragement for renewable energy installations? If so, the City should consider performance standards that ensure that the City is getting benefit for the incentive; is the renewable energy installation providing real renewable energy benefit? ¾ Large turbines. What standards should be in place to evaluate a conditional use application for a larger wind turbine on a large commercial or industrial site? Meeting Date: September 14, 2009 Agenda Item #: 9 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Urban Reforestation Program Policy. RECOMMENDED ACTION: No action at this time. This report is being provided in advance of bringing the Urban Reforestation Program Policy to the City Council for approval. Please let staff know of any questions or concerns that you might have. POLICY CONSIDERATION: Is the proposed policy in keeping with the Councils intent and direction from the July 13 Study Session relating to the use of excess land sale proceeds for a tree replacement program? BACKGROUND: At the March 23 study session three ideas for the use of the excess land sale proceeds were discussed. The options were identified based on a desire to use the funds for something of lasting impact, to address unmet needs, and to be consistent with the city’s Vision. From this discussion the City Council asked that staff survey the community via the City’s web site for its ideas and reactions. On July 13 staff presented the findings of the survey (see attached staff report) and recommended that the City use the excess land sale proceeds for a boulevard tree replacement program. The Council reacted favorably to this recommendation and staff was asked to bring back a more specific policy for Council consideration. Attached is a policy regarding the use of the excess land sale proceeds for an Urban Reforestation Program. FINANCIAL OR BUDGET CONSIDERATION: Cost of Program Implementation This program would use land sale proceeds primarily for boulevard trees, although trees in parks and public areas would qualify. The average cost to remove a boulevard tree is $600 and the average cost of planting a tree is $300 for a total of $900 per tree. There are approximately 20,000 boulevard trees. The intent is that this program would supplement funds already budgeted for tree planting vs. supplanting want we already spend. As previously discussed, the city is faced with the imminent threat of the Emerald Ash Borer (EAB) which could potentially kill all 4,000 of our boulevard ash trees. Our ash trees are scattered for the most part, but there are several areas where it is strictly Green Ash planted one after the other so there will be pockets completely void of trees when EAB comes through the city. Meeting of September 14, 2009 (Item No. 9) Page 2 Subject: Urban Reforestation Program Policy In addition to the boulevard trees, the City of St. Louis Park has an approximately 70,000 trees in parks and open spaces. Ash trees represent 3,000 of those trees. Staff is proposing that funds from the excess land sale proceeds be put into a separate fund that is used to assist in covering the costs of maintaining our urban forest on public properties. VISION CONSIDERATION: This item falls in line with Vision: St. Louis Park as committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Attachments: Urban Reforestation Program Policy July 13 Staff Report Prepared by: Cindy Walsh, Director of Parks and Recreation Reviewed by: Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 9) Page 3 Subject: Urban Reforestation Program Policy St. Louis Park Urban Reforestation Policy/Program DRAFT PURPOSE: The purpose of the Urban Reforestation Policy is to provide healthy and diverse tree population and support the City’s vision regarding environmental stewardship. DEFINITION: Urban Reforestation is the continuation of planting and maintaining trees in our city and provides many benefits. USE OF FUNDS: The goals of the City’s Urban Reforestation Program will be to provide a healthy and diverse tree population and support the City’s Vision regarding environmental stewardship. The funds will be used as follows: a) To the extent feasible and possible, a one for one replacement which means that a tree is planted to replace every tree that is lost. b) To fill the empty places along boulevards where trees were not planted in the past. c) To maximize diversity of our urban forest by not planting more than 15% of one tree species. The greater the diversity of tree species, sizes and conditions, the healthier the community forest. This will also prevent future large-scale losses in trees due to infestation of pests. Species are typically rotated as much as possible per block trying to mix species so the same species are not adjacent to one another. d) To plant native trees where possible. This minimizes the detrimental effects of exotic species. e) To optimize natural aesthetic and wild life habitat. f) Primarily used for boulevard trees although trees in parks and public areas would qualify. g) Replace trees lost due to imminent diseases such as Emerald Ash Borer. SOURCE OF FUNDS: The money currently obtained from Land Sale proceeds and the money that is yet to come in as future sites are sold, will be put in a tree reforestation fund. This fund will be located within the Park Improvement Fund and will accrue interest on the amount not yet spent. a) As trees are removed from boulevards, parks or other City owned properties, the City Manager, or designee, may approve expending funds from this account for the purchase and planting of new trees within the parameters of the budget set by the City Council. b) If new programs aimed at providing funds for trees arise, the money from those programs will also be put into this fund with the same guidelines attached. Meeting of September 14, 2009 (Item No. 9) Page 4 Subject: Urban Reforestation Program Policy c) The use of these funds will supplement and not replace funds previously budgeted for tree planting on public property A reforestation plan and budget will be established each year and approved by the City Council through the annual budget approval process. Meeting of September 14, 2009 (Item No. 9) Page 5 Subject: Urban Reforestation Program Policy Meeting Date: July 13, 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: Excess Land Sale Proceeds – Survey Results. RECOMMENDED ACTION: Staff requests direction from the City Council on the use of excess land sale proceeds. POLICY CONSIDERATION: How should the city use the proceeds from the sale of land for Move Up homes? BACKGROUND: Webpage Survey Results The City Council directed staff to seek community input on the three ideas and solicit additional suggestions. A community survey was placed on the city’s webpage during the month of May to gather community input. Respondents to the survey were given the opportunity to select any of the three options and make comments. It was a not a random sampling of residents. Participation in the survey was “self selected”. Anyone that wanted to participate could do so. However each participant was limited to only one vote. Over the month the city received 90 responses (specific survey results attached). Of the three options listed, Environmental Initiatives received the most votes, with 22. The other options of establishing an Art Fund and Community Center master planning received 6 and 7 votes respectively. Specific Environmental Initiatives suggested included : a) park improvements, b) restoring/improving wetlands, c) art in green space, d) green thinking in public spaces, e) tree & shrub plantings sometimes in specific locations like along Jordon Avenue, f) green educational efforts, g) general improvement of the appearance of the city and our properties, h) reducing our carbon footprint, i) measurable environmental initiatives, j) MN Energy Challenge, Meeting of September 14, 2009 (Item No. 9) Page 6 Subject: Urban Reforestation Program Policy k) greening of existing and planned city facilities, l) offset damage to our environment from selling city land, m) new and improved playgrounds. Two thirds of the respondents proposed spending the money on something other than the 3 options proposed. Twenty-seven (27) participants proposed to use the funds for city services or other wise keeping property taxes down; and, 28 proposed using the funds to help SLP schools – (specifically Park Spanish Immersion) - particularly keeping class sizes small. Specific ideas proposed by respondents included, n) affordable housing, o) city gardens, p) fix specific streets (Utica), q) save for future needs, r) pedestrian/sidewalk improvements, s) road maintenance, t) warning lights at Hwy 7 & Louisiana, u) police budget, v) general public services (police, fire, streets, etc), w) larger storm sewer at W26th Street, x) replace lost MVHC aid, y) park improvements specifically Northside ice rink and Cedar Knoll, z) reserves, aa) wait for more and better ideas, bb) "necessary and compelling projects" like Hwy 100 over pass widening, RECOMMENDATION: While the survey results are not a scientific sampling of resident opinion, the results do show a clear preference to use the excess land proceeds in a fiscally responsible way that benefits as much of the community as possible. Of the three areas identified, the results also show a preference to use the funds for an environmentally beneficial purpose. For a variety of reasons, including the results from Vision SLP, the results of the survey, and a likely imminent event that will affect the City environmentally, aesthetically, and economically, staff is proposing that a sound use of the funds would be for the creation of a more formal boulevard tree replacement fund or program. Specific details relating to this recommendation are as follows: Boulevard Tree Replacement Fund/Program The city is faced with an imminent threat for which it has no identified source of funds with which to respond. In the coming years the city will be faced with the prospect of losing roughly 4000 boulevard ash trees alone to the Emerald Ash Borer (does not include parks or private property). The current excess land sale proceeds could fund the replacement of 3000 to 4000 trees, making it possible to virtually replace all the ash trees in our boulevards in the coming years. Meeting of September 14, 2009 (Item No. 9) Page 7 Subject: Urban Reforestation Program Policy Use of the funds for boulevard tree replacement would be an investment with lasting environmental and aesthetic benefits to our community. Trees not only provide beauty and shade to our neighborhoods, they absorb carbon, create oxygen, and provide homes for wildlife and birds. Using the funds for the replacement of lost trees would be a fiscally prudent thing to do. It proactively meets an unmet community need. It would provide much needed funds for actual tree planting; and, also could serve as a valuable source for matching funds for any future tree replacement grant programs that may be created at the federal or state level to address the emerald ash-borer problem. A tree replacement fund or program funded with the land sale proceeds is consistent with the City’s Vision of being a leader in environment stewardship, promotion of community aesthetics, and maintenance of the quality of our neighborhoods. Investments in trees will make a visible difference in the community. It will have a lasting impact that will grow in community benefit with each passing year as the trees themselves grow to maturity. NEXT STEPS: If the City Council is supportive of this idea, staff will prepare more specific program details and bring them back for approval at a regular Council meeting. FINANCIAL OR BUDGET CONSIDERATION: The creation of a boulevard tree replacement fund would provide a vital source of funding for future replacement of boulevard trees lost to the emerald ash-borer. VISION CONSIDERATION: The proposed boulevard tree replacement initiative is consistent with the City’s Vision Strategic Directions - St. Louis Park’s commitment to being a leader in environmental stewardship, promoting and integrating aesthetics into the City and maintaining our housing and neighborhoods. Attachments: Survey Results Prepared by: Cindy S. Walsh, Director of Parks and Recreation Kevin Locke, Community Development Director Approved by: Tom Harmening, City Manager Meeting Date: September 14, 2009 Agenda Item #: 10 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Recycling Program Update. RECOMMENDED ACTION: None at this time. The purpose of this report is to provide Council with an update on issues related to the economic change to the recycling markets and possible impact to the City’s recycling contract with Eureka Recycling. POLICY CONSIDERATION: None at this specific point in time. City staff is currently evaluating Eureka Recycling’s request for financial assistance via renegotiation of the current recycling collection contract. Should staff feel renegotiation of our recycling contract is necessary, information describing Eureka’s problem and request will be provided to Council at the Study Session of September 29th. BACKGROUND: History Contract On October 1, 2008 the City entered into a 5-year contract with Eureka Recycling (Eureka) for collection and processing of recycling materials. The City chose Eureka for several reasons including their mission to educate residents on reducing waste, their commitment to improving environmental stewardship, additional materials to be collected, and their willingness to share revenue from the sale of recyclable materials with the City. Current Market Conditions Recent unforeseen and dramatic economic events have affected the recycling markets in serious ways and may require action in order to ensure the ongoing viability of Eureka Recycling. The value of recycled commodities has dropped by approximately 60% and volumes of materials being collected is also decreasing. Impact to Eureka Recycling Eureka has taken action to address recent challenges of the current economic conditions, including: reducing staff, reducing employee wages and benefits, and restructuring current operating loans. Even with these cuts, Eureka claims they are continuing to sustain significant losses and that they can not sustain these losses long term and remain in business. Meeting of September 14, 2009 (Item No. 10) Page 2 Subject: Recycling Program Update Eureka’s Request to St. Louis Park Eureka has approached St. Louis Park, as well as their other contract cities, and requested we consider amending our contract. Requested changes involve modifying the “Revenue Sharing” provisions of the contract so as to reduce their costs and increase their revenues. And for the City, this would mean decreased “Revenue Sharing” proceeds and possibly even additional costs. City Action Taken Staff has met several times with Eureka over the past three months to discuss changes in the recycling markets, to understand their situation and the magnitude of their financial problem, and to discuss and understand possible contract changes. Staff has also had numerous phone conversations and a group meeting with the other Eureka cities (Roseville, Maplewood, St. Paul, Lauderdale, and Arden Hills) to understand their contractual requirements, learn what Eureka is proposing to them, and determine what common ground we may have for future contract negotiation with Eureka, should that be necessary. Schedule Listed below is a tentative schedule of possible next steps: Written Report to update Council on recycling market issues September 14 Study Session to discuss Eureka’s problem and City options (if necessary) September 29 Study Session to discuss contract amendment options and cost implications (if necessary) October 12 Council Meeting to consider and approve contract amendment (if necessary) October 19 FINANCIAL OR BUDGET CONSIDERATION: Financial implications will be discussed at a future Study Session meeting. VISION CONSIDERATION: The activities above support or complement the following Strategic Direction adopted by the City Council: St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business. Focus areas: • Continue to maintain a viable and economically feasible recycling program. • Working in areas such as…environmental innovations. Attachments: None Prepared by: Scott Merkley, Public Works Coordinator Reviewed by: Mike Rardin, Public Works Director Approved by: Tom Harmening, City Manager Meeting Date: September 14, 2009 Agenda Item #: 11 Regular Meeting Public Hearing Action Item Consent Item Resolution Ordinance Presentation Other: EDA Meeting Action Item Resolution Other: Study Session Discussion Item Written Report Other: TITLE: Green Shade Initiative. RECOMMENDED ACTION: No formal action required at this time. This report is being provided to the City Council for information and input purposes. POLICY CONSIDERATION: Does the City Council have concerns regarding the City’s participation in the “Green Shade Initiative” being proposed by a St. Louis Park resident? BACKGROUND: The Green Shade Initiative is a campaign originated and designed by Curt Peterson, a resident of St. Louis Park. Attached is a copy of the Green Shade Initiative Plan as authored by Mr. Peterson. The goal of the program being devised by Mr. Peterson is to engage the residents of St. Louis Park to raise funds to preserve our diverse urban forest through tree planting. This campaign’s hope is to raise funds to offset the cost of replacing city trees, particularly boulevard and park trees, lost due to a variety of factors such as, Dutch Elm Disease (DED), drought, and the imminent assault of the Emerald Ash Borer upon the city’s thousands of ash trees. The Green Shade Initiative is based upon the successful model for supporting tree planting and maintenance in Chicago, “creating a city within a park.” CITY CONTRIBUTION AND PARTNERSHIP: This program could provide additional funding for our Urban Reforestation Program. Within this proposed campaign, individual citizens and civic groups would work with city staff to advocate, fundraise, conduct community education and provide labor in support of trees. Curt Peterson is proposing that the Green Shade Initiative would have a committee of residents that oversees the program. City staff would serve as liaison and technical support to board. The city would support and promote the campaign’s events and programs through various means such as the Park Perspective, utility billing stuffers etc. The specifics of the City’s proposed role is noted on the second to last page of the attached proposal. FINANCIAL OR BUDGET CONSIDERATION: Participating in this program would involve staff time serving as liaison to the group and to facilitate campaign programs and tree planting. This initiative could have a positive financial implication if it is successful. The money would be put into the City’s fund for Urban Reforestation along with the land sale proceeds. Meeting of September 14, 2009 (Item No. 11) Page 2 Subject: Green Shade Initiative VISION CONSIDERATION: This proposed initiative supports the City Vision of St. Louis Park being committed to being a leader in environmental stewardship. The initiative will increase environmental consciousness and responsibility. Attachments: Green Shade Initiative Outline/proposal from Curt Peterson Prepared by: Jim Vaughan, Environmental Coordinator Reviewed by: Cindy Walsh, Director of Parks and Recreation Approved by: Tom Harmening, City Manager Meeting of September 14, 2009 (Item No. 11) Page 3 Subject: Green Shade Initiative The Green Shade Initiative City of St. Louis Park Forestry Community Investment Plan – draft 3 August 17, 2009 Curt N. Peterson, CFRE, Consultant History St. Louis Park has historically been a community that cares about trees. It was the first of its neighboring suburbs to create a strategic comprehensive forestry plan and remains a leader. The City not only sets annual tree planting goals but also plants and maintains boulevard trees – a unique commitment. Since the City’s Forestry Program was established in 1980, the program has planted and maintained over 12,000 trees, and works from the city’s 2009 Vision Statement that cites “St. Louis Park is committed to being a leader in environmental stewardship. We will increase environmental consciousness and responsibility in all areas of city business.” In contrast, Crystal, Hopkins, and Robbinsdale have historically had smaller forestry programs, and the other western first-ring suburbs of Richfield, Brooklyn Park, and Brooklyn Center have no forestry programs at all. It is the City’s commitment to planting and caring for trees on its streets and public lands that has helped make St. Louis Park a great place to live and worthy of the “park” in its name. Today Today, tree-planting and maintenance efforts to beautify and preserve St. Louis Park’s leafy boulevards and public spaces are at grave risk. The first factor is steady and now severe cutbacks in federal and state funds that previously helped support the Forestry Program. The current Forestry Program budget City-wide totals $286,000, a 52% reduction from its peak of $600,000 in 2003. The second major threat to St. Louis Park’s tress is the emerald ash borer, which is placing unprecedented demands on Forestry Program resources. St. Louis Park estimates it has 4,000 ash trees on its boulevards alone, with an additional 3,000 estimated ash trees on city-owned properties. With an average replacement/replanting cost of $900 per tree, ($600 to remove the tree and $300 for the planting of a new tree), this represents a potential cost to the city of $6,300,000 for ash borer control…just within the next three to four years! Without additional funding, many of these 7,000 ash trees will not be able to be removed on a timely basis or replaced! In addition, the Forestry Program has already been forced to cut its proactive Dutch elm-injection program in half for 2009 (reduction from $40,000 to $20,000) and is scheduled to eliminate this program in 2010. ($0) This program provides partial reimbursement to homeowners to encourage them to preserve their large elm trees (both on boulevards and on private property) and prevent the further spread of Dutch elm disease. With the current recession in place and with homeowners not being projected to underwrite the entire cost of elm-injections, the city now predicts that the removal of roughly 500 elm trees a year will peak to 700-800 over the next 3-4 years, representing a 37% increase in elm tree loss. Meeting of September 14, 2009 (Item No. 11) Page 4 Subject: Green Shade Initiative The threat to St. Louis Park’s tree-lined boulevards and parks is very real, as is the potential loss of much of the City’s investment in shade trees. Action is needed to prevent these losses and keep St. Louis Park’s streets and parks shaded and green. St. Louis Park’s past commitment to trees is sound public policy. Research clearly indicates that any city’s investment in shade trees/landscaping dramatically increases property values and reduces energy costs. Trees produce cleaner air both locally and globally (according to tree advocates, an acre of mature trees absorb the carbon dioxide created by driving 26,000 miles). In addition, mature shade trees simply make St. Louis Park a more beautiful and restorative place to live. The question is how to preserve this legacy during the current crisis, when reduced funding and skyrocketing threats from disease are converging to threaten our City’s trees. The time to act is now. The Green Shade Initiative* The attached proposal suggests an innovative approach to meeting these challenges: the creation of a citizen- and civic-based forestry investment plan. This model follows the successful model supporting tree planting and maintenance in Chicago, under the leadership of Mayor Daly and their forestry program’s slogan, “creating a city within a park.” Under such a model, individual citizens and civic groups work with City staff (helping carry out more of the forestry plan than can be City- funded) to advocate, fundraise, conduct community education, and provide labor in support of trees. A small group of concerned residents including first approached City Staff with this concept and has worked in partnership with Staff to develop the following goals, objectives, and work plan. The group presents the following for the Council’s review and input and seeks approval for Staff involvement in the Initiative. *proposed draft name Financial Goals 2010 Goals - $50,000 (net) (additional 400-500 trees) 2011 Goals - $75,875 (net) (additional 600-750 trees) 2012 Goals - $108,750 (net) (additional 800-1,000 trees) 2013 Goals - $108,750 (net) (additional 800-1,000 trees) Total Goal for 4 years: $343,375 (net) (excluding securing endowment gifts) (an additional 2,600 – 3,250 trees) Outcomes 1. Create a more invested community in support of our forestry program. 2. Launch a metro-wide media campaign that showcases that St. Louis Park IS the “park” of our suburbs. 3. Plant 5,000 trees in 4 years. Meeting of September 14, 2009 (Item No. 11) Page 5 Subject: Green Shade Initiative Strategies 1. Create and operationalize the “Forestry Friends of St. Louis Park”, a new ongoing group of individual and organizational donors who will provide contributions in support of the St. Louis Park Forestry program. 2. Create and launch a new St. Louis Park garden/pond tour called the “The Park Garden/Pond Tour” that will be held in mid June of each year. The tour will be established with the expectation that it will be an annual event and will run for a minimum of 4 years with new additions to the offerings each year. Criteria for inclusion in the tour will be set, an electronic marketing and registration process/protocol will be established, a review/selection team will be recruited, corporate sponsorships will be secured and media coverage will be secured. a. Goal: Showcase beautiful citizen investments in their landscaping, their gardens and ponds. b. Goal: Promote and assist homeowners to invest in their landscaping, gardens and ponds. c. Goal: Help promote donations to the Forestry Friends of SLP. 3. Create and launch “The Most Beautiful Tree in the Park” contest. Each year, a different species will be selected, community awareness and education regarding the species will be shared with the broader community, contest criteria will be set, a panel of community volunteers will be selected and the announcement of such tree will be made in the community press. a. Goal: Make citizens aware of the sustainable needs for keeping large and beautiful trees in our community. b. Goal: Help citizens realize the beauty of what we have and showcase the need for the various Forestry events for the year. c. Goal: This is the one event that is tied completely to the new Forestry Friends Endowment Fund. 4. Fold in the existing September-based “Evergreen Awards” as part of the Green Shade Initiative. Started in 1990, this community activity can also help showcase community efforts. 5. Secure matching dollars from the St. Louis Park Community Foundation in support of individual donations in support of the Forestry Program. 6. Continue the existing Park Tree Sale program, but turn it into a fundraiser and not a drain on the current Forestry budget. 7. Create the “Forestry Friends Endowment Fund,” a specific fund within the St. Louis Park Community Foundation that allows for planned gifts to be made in support of the Forestry Program. Meeting of September 14, 2009 (Item No. 11) Page 6 Subject: Green Shade Initiative Tactics 1. Create a volunteer community steering committee of 12 individuals, representing civic, business, professional and citizens. It will be called the “Forestry Friends.” Their primary role will be to fund raise for these programs. 2. Create a data base of “environmental stewards” that will start with the existing Environment Vision Action Team Roster and extend to supporters of the Lilac Way Initiative, Friends of the League of Women Voters Tree Project and supporters of Tree Trust of St. Paul. 3. Secure a pro bono marketing public relations firm to launch all creative collaterals for this program (target Padilla Speer and Beardsley) 4. Create a professional logo and final (coordinated) names for the events and a T-shirt (donation) that will market the entire Forestry Friends concept and events. 5. Identify and link to key media sources for maximum exposure. 6. Kick off the program at a January City Council meeting, with press release, and announcing at the end-of-January Home Remodeling Fair. Target Audiences for the Forestry Friends plan 1. Community citizens 2. Civic leaders 3. Corporate and small business sponsorships 4. Charitable family and institutional foundations Possible Partners 1. Restore Lilac Way Initiative 2. Tree Trust 3. League of Women Voters 4. Rotary Clubs of St. Louis Park 5. Other to-be-identified businesses and business owners Action steps to launch implementation 1. Get city and city council input and approval. 2. Search, secure and authorize a public relations firm (pro bono) to start work on design, naming, and other collateral materials. 3. Create a link and webpage for the Forestry Friends various annual programs and donation opportunities on the existing City of St. Louis Park website. 4. In the August “City Perspectives”, announce a community meeting for concerned individuals to congregate and plan the creation of the Forestry Friends work plan to be launched in early 2010. (see sample ad below) 5. Finalize the case statement and all performance metrics at all levels. Meeting of September 14, 2009 (Item No. 11) Page 7 Subject: Green Shade Initiative 6. Create sponsorship packets, identify sponsor prospects and make face-to-face solicitations to all prospects before end of 2009 (timing is crucial so we can help shape corporate marketing donation budgets of these prospects when they create their 2010 budgets) 7. Set individual work plans and event chairs for all events. Establish timetable and accountabilities at every level. Financial Goals 2010 Breakdown “The Park Garden/Pond Tour” Sponsors: 5 @$1,000 = $5,000 3 @$2,500 = $7,500 2 @ $5,000 = $10,000 1@ $10,000 = $10,000 (with $32,500 proposed gross, we are looking at an estimated costs of $5,000 so a profit goal of $27,500.) Ticket sales: (by family) 250 @ $30 = $7,500 (this ideally will include up to $30 in coupons redeemable at companies who are in the gardening, landscaping, pond business.) “Forestry Friends of St. Louis Park” donor campaign Donations: 100 donations @ $25 (avg) = $2,500 50 donations @ $100 (avg) = $5,000 10 donations @ $250 (avg) = $2,500 1 donation @ $1,000 = $1,000 “Forestry Friends Endowment Fund” Identify 5-10 major prospects Park Tree Sale 100 sales @$50 ($25 profit) = $2,500 Forestry Friends T-shirts (classic design that becomes a collectable vs a sponsorship tool) 100 sales @30 ($15 profit) = $1,500 Meeting of September 14, 2009 (Item No. 11) Page 8 Subject: Green Shade Initiative Financial Goals 2011 Breakdown “The Park Garden/Pond Tour” Sponsors: 7 @$1,000 = $7,000 4 @$2,500 = $10,000 2 @ $5,000 = $10,000 1@ $10,000 = $10,000 (with $37,000 proposed gross, we are looking at an estimated costs of $3,000 so a profit goal of $34,000.) Ticket sales: (by family) 350 @ $30 = $10,500 (this ideally will include up to $30 in coupons redeemable at companies who are in the gardening, landscaping, pond business.) “Forestry Friends of St. Louis Park” donor campaign Donations: 100 donations @ $25 (avg) = $2,500 100 donations @ $100 (avg) = $10,000 30 donations @ $250 (avg) = $7,500 2 donations @ $1,000 = $2,000 1 donation @ $2,500 = $2,500 “Forestry Friends Endowment Fund” Work the 5-10 major prospects with 1 endowment gift secured Identify 5 more prospects Park Tree Sale 200 sales @$50 ($25 profit) = $5,000 Forestry Friends T-shirts (classic design that becomes a collectable vs a sponsorship tool) 125 sales @30 ($15 profit) = $1,875 Meeting of September 14, 2009 (Item No. 11) Page 9 Subject: Green Shade Initiative Financial Goals 2012 Breakdown “The Park Garden/Pond Tour” Sponsors: 7 @$1,000 = $7,000 4 @$2,500 = $10,000 3 @ $5,000 = $15,000 @ $10,000 = $10,000 (with $42,000 proposed gross, we are looking at an estimated costs of $3,000 so a profit goal of $39,000.) Ticket sales: (by family) 400 @ $30 = $12,000 (this ideally will include up to $30 in coupons redeemable at companies who are in the gardening, landscaping, pond business.) “Forestry Friends of St. Louis Park” donor campaign Donations: 200 donations @ $25 (avg) = $5,000 100 donations @ $100 (avg) = $10,000 30 donations @ $250 (avg) = $7,500 10 donations @ $1,000 = $10,000 4 donations @ $2,500 = $10,000 2 donations @$5,000 = $10,000 “Forestry Friends Endowment Fund” Work the 10-15 major prospects with 1 new endowment gift secured Identify 5 more prospects Park Tree Sale 150 sales @$50 ($25 profit) = $3,750 Forestry Friends T-shirts (classic design that becomes a collectable vs a sponsorship tool) 100 sales @30 ($15 profit) = $1,500 Meeting of September 14, 2009 (Item No. 11) Page 10 Subject: Green Shade Initiative Financial Goals 2013 Breakdown “The Park Garden/Pond Tour” Sponsors: 7 @$1,000 = $7,000 4 @$2,500 = $10,000 3 @ $5,000 = $15,000 @ $10,000 = $10,000 (with $42,000 proposed gross, we are looking at an estimated costs of $3,000 so a profit goal of $39,000.) Ticket sales: (by family) 400 @ $30 = $12,000 (this ideally will include up to $30 in coupons redeemable at companies who are in the gardening, landscaping, pond business.) “Forestry Friends of St. Louis Park” donor campaign Donations: 200 donations @ $25 (avg) = $5,000 100 donations @ $100 (avg) = $10,000 30 donations @ $250 (avg) = $7,500 10 donations @ $1,000 = $10,000 4 donations @ $2,500 = $10,000 2 donations @$5,000 = $10,000 “Forestry Friends Endowment Fund” Work the 15-20 major prospects with 1 new endowment gift secured Identify 5 more prospects Park Tree Sale 150 sales @$50 ($25 profit) = $3,750 Forestry Friends T-shirts (classic design that becomes a collectable vs a sponsorship tool) 100 sales @30 ($15 profit) = $1,500 Meeting of September 14, 2009 (Item No. 11) Page 11 Subject: Green Shade Initiative Responsibilities and Expectations of Forestry Friends Steering Committee 1. Provide leadership with both mandatory financial support and personal time in either a leadership or worker position. 2. Review, edit, and approve all plan components and protocols. 3. Assist in securing donations or ticket sales or sponsorships for the various events that support the Forestry Program. 4. Attend monthly meetings once the Steering Committee is established and other meetings as required when events are happening. 5. Help identify prospects, locations, trees, etc. – all in support of the goals and tactics of the approved events. 6. Follow appropriate and established protocols on term services and leadership roles. a. Committee terms are for 2 years, renewable, with full Steering Committee approval. b. Leadership terms are for 1 year, renewable, with Executive Committee approval. c. Bylaws that layout purpose, protocols, how work is to be accomplished will be upheld upon final approval of Executive Committee. City of St. Louis Park’s proposed role for implementation 1. Supports the creation of web link and web page for all new forestry events. Working with pro bono design, will underwrite the cost of adding this page(s). 2. Will collect and process donations that come to the city in support of the forestry program. Will send out acknowledgements to all donations on a timely basis. 3. Will provide financial reporting of all donations or expenditures as it relates to the proposed forestry events. 4. City representative serves on Forestry Friends Steering Committee and Executive Committee. 5. Will house and collect simple contact data on the ever-expanding list of supporters. Curt Peterson’s proposed role for implementation 1. Finish the initial creation of this proposal. 2. Secure professional writer oversight for initial materials. 3. Write and place the ad for the first community organizing meeting. Lead and facilitate this initial meeting along with city and county officials. 4. Help identify and recruit prospective members of the Steering Committee, the Executive Committee, the event chairs, and the membership of the work groups. 5. Finish the case statement and all final work plans. 6. Create initial financial documents for approval. 7. Host and/or lead all subsequent planning meetings. 8. Assist with all prospect recruitment and solicitation. Meeting of September 14, 2009 (Item No. 11) Page 12 Subject: Green Shade Initiative Proposed ad for first meeting: Do you have a garden, a well-landscaped yard, or a pond that you would be willing to share next year at a newly created “Park Garden/Pond Tour?” Are you interested in joining a group of citizens who are deeply concerned about the loss and needed replacement of our city trees? Do you want to continue to see our community invest in our forestry program so we can retain our property values and keep our heating/cooling costs low? Come to an important planning/organizing meeting on October 29, 2009 that will explore what can be done to ensure that our Park’s Forestry Department outstanding legacy will not be eliminated due to funding decreases or the ash borer! Call 612-998-7466 or email curt@orgdev.org if you have any questions!