HomeMy WebLinkAbout05-09-11-R� DEN HILLS
Approved: June 13, 2011
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
MAY 9, 2011
7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:00 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Ed
Werner and Nicholas Tamble.
Absent: None.
Also present: City Administrator Patrick Klaers; City Attorney Jerry Filla; Community
Development Director Jill Hutmacher; City Planner Meagan Beekman; and Recording
Secretary Tina Borg.
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to Approve the Agenda as presented. The motion carried
unanimously (5 -0).
2. PUBLIC INQUIRIES/INFORMATIONAL
A. TCAAP and Stadium Proposal
Community Development Director Jill Hutmacher stated Ramsey County continues to work
with the Minnesota Vikings on a deal to develop a stadium on the TCAAP site. It has been
reported that a deal is imminent, and the County, legislative leaders, and the team are discussing
funding for transportation improvements. Hennepin County has publicly stated that they will not
be pursuing a stadium proposal. Ted Mondale of the Metropolitan Sports Commission announced
last week that the Vikings would increase its contribution towards a new stadium to about 40 %.
The City of Minneapolis prefers that a new stadium be developed on the existing Metrodome site
and they offered their own stadium proposal on May 9. Key elements of the Minneapolis proposal
include a 22% cost share from the City, 45% cost share from the team and 33% from the State.
The City portion would be paid from a $10.00 game day surcharge on downtown parking, an
ARDEN HILLS CITY COUNCIL — May 9, 2011
additional 0.15% sales tax in the City, an expansion of the 3% downtown liquor and food tax to
the rest of the City, which is over and above the existing food and liquor sales tax, and an
admission tax for stadium events. The plan provides for a $100 million renovation to the Target
Center, creates a public authority for ownership and management of the stadium and Target
Center, and would require legislative override of the Minneapolis voter - approved 1996 Charter
amendment prohibiting the City from using more than $10 million in City funds for a sports arena
without a referendum. The Vikings have not commented on the Minneapolis proposal other than
to say they are concerned about provisions in the plan and they intend to examine it further. The
legislature has held no hearings on the draft bill and no hearings are scheduled. The regular
legislative session ends at midnight on Monday, May 23, 2011.
B. Public Works Week May 15 -21, 2011
Mayor Grant stated National Public Works Week is May 15 -21, 2011. This is an opportunity to
recognize the efforts put forth by our Public Works Staff in maintaining the City infrastructure
consisting of sanitary sewer, water, storm sewer, streets, trails, parks and public buildings. The
daily efforts by these dedicated employees enhance the health, safety, and quality of life for all the
residents. He read Resolution 2011 -014 into the record.
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to Adopt Resolution 2011 -014 Recognizing National Public Works
Week: May 15 -21, 2011. The motion carried unanimously (5 -0).
C. Community Development Year -End Review
Community Development Director Hutmacher stated she joined the Arden Hills Staff in
November and City Planner Beekman had taken on many of the Community Development
Director duties and responsibilities prior to her starting. She stated City Planner Beekman had
done an excellent job for the City.
City Planner Meagan Beekman stated the Community Development Department is responsible
for a variety of services, including planning and zoning, economic development, protective
inspections, code enforcement, and residential recycling services. Protective inspections and code
enforcement provide inspection services for all building, plumbing, water, sewer, heating,
mechanical, electrical construction permits as well as Code compliance complaints. As part of the
Inflow and Infiltration Program, Staff completed all sump pump inspections in Zone 2. To date,
over two thirds of all residential properties in the City have been inspected. Staff completed
inspections for all commercial buildings in the City. Zone 3 residential inspections will continue
through 2011. She explained that in 2010, the Community Development Department processed
twelve planning cases incorporating 23 land use requests, completed three planning cases carried
over from 2009, reviewed and approved six code amendments, adopted zoning classifications,
regulations, and a Master and Final PUD process for the TCAAP property, processed a tax
increment financing application from Presbyterian Homes, transitioned to a new Community
Development Director, extended the Eureka Recycling curbside recycling service contract for an
additional two years, issued building permits for five new single- family homes, processed 1,075
ARDEN HILLS CITY COUNCIL — May 9, 2011 3
permits with a total valuation of $15,676,327, reviewed 277 code enforcement cases and closed
258 cases, and completed abatement of a hazardous structure.
City Administrator Patrick Klaers stated City Planner Beekman and the Community
Development Department had also been very busy with the Library project and the Hazelnut
Park/Trinity Lutheran Church project.
Councilmember Holden acknowledged City Planner Beekman's extra hard work and dedication
after former Community Developer Director Lehnhoff resigned.
PUBLIC
Mayor Grant opened the Public Inquiries /Informational at 7:14 p.m.
Mayor Grant closed the Public Inquiries /Informational at 7:15 p.m.
3. APPROVAL OF MINUTES
A. March 28, 2011, Regular City Council Meeting
B. April 11, 2011, City Council Work Session Meeting
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to Approve the March 28, 2011, Regular City Council Meeting
Minutes and the April 28, 2011, City Council Work Session Meeting Minutes
as presented. The motion carried unanimously (5 -0).
4. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item — Claims and Payroll.
B. Motion to call for a City Council Meeting on May 31, 2011, at 7:00 p.m. and
cancel the May 23, 2011, meeting..
C. Motion to approve a budget amendment to the General Fund reducing expenditures
by $17,666 in Other Professional Services under the Planning and Zoning
Department, and approve a transfer from the General Fund to the TCAAP Fund of
$17,666 effective December 31, 2010.
MOTION: Councilmember Holmes moved and Councilmember Tamble seconded a
motion to approve the Consent Calendar as presented and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously (5 -0).
5. PULLED CONSENT ITEMS
None.
ARDEN HILLS CITY COUNCIL — May 9, 2011 4
6. PUBLIC HEARINGS
None.
7. NEW BUSINESS
A. Regional Council of Mayors Meeting
Mayor Grant stated he has been receiving material from the Regional Council of Mayors on
transportation funding. He provided the agenda for the May 9 Regional Council of Mayors
meeting and the Resolution on Transportation Funding. This resolution indicates that
transportation is a problem facing the community and it encourages the legislature to provide
adequate funding for suburban transit. All the opt -out transits are listed as part of the resolution
because they are trying to encourage the suburbs to get transit. It is up to the Council to decide if
they would like to support this resolution.
MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to
Adopt the Regional Council of Mayor Resolution on Transportation Funding.
Councilmember Holden stated that she would not be in support of this resolution. The State
does not want to spend money on the infrastructure in Ramsey County and the funds would end
up being spent in the southern suburbs only and there would be nothing in it for Arden Hills.
Councilmember Holmes stated she is in favor of this resolution. The Regional Council of
Mayors wants to prioritize public transportation and she supports this. Arden Hills does not have
good public transportation systems and it is important to continue to build the public transit
system for the community.
Councilmember Tamble stated he would be in support of this resolution. There are 45
municipalities supporting this resolution. It is unlikely that any funding would go strictly to
southern suburbs.
Councilmember Werner stated that resolutions at this level of government are generally not
effective.
Mayor Grant stated transportation is important and the City needs good transportation in order to
be economically competitive.
The motion was called to a vote.
The motion carried unanimously (5 -0).
Mayor Grant requested the signed resolution be faxed in.
8. UNFINISHED BUSINESS
ARDEN HILLS CITY COUNCIL — May 9, 2011 5
A. Renewal of Letter of Support for Arden Village Tax Credit Application
Community Development Director Hutmacher stated Sand Companies, Inc. (SCI) has
requested a letter of support for their application for Minnesota Housing Finance Agency (MHFA)
tax credit financing for Arden Village. SCI has proposed the development of an affordable rental
housing development at 1296 County Road F. The proposal required the property to be rezoned
from the current I -1, Limited Industrial District, to R -4, Multiple Dwelling District. In order to
rezone the property, a Comprehensive Plan Amendment was also required. SCI requested a
Preliminary and Final Plat to subdivide the property into two parcels, and a Master and Final PUD
for the development itself. Because the Conditional Use Permit (CUP) encompassed the entire
property, a CUP Amendment was needed to reflect the proposed legal description for the newly
subdivided lot. On March 8, 2010, the City Council gave land use approvals for the Arden
Village project including CUP Amendment, Rezoning, Comprehensive Plan Amendment,
Preliminary and Final Plat, and Master and Final Planned Unit Development. Subsequent to the
land use approvals, SCI requested a letter of support for tax increment assistance. Local financial
assistance is very important in leveraging tax credits, grants, and loans from other funding
providers. SCI needed a letter of support for tax increment assistance prior to its application for
tax credits from the MHFA. On June 14, 2010, the City Council voted to proceed with approving
TIF support of up to $225,000, and a letter of support was provided to SCI. With the City's
March 8, 2010, land use approvals and the June 14, 2010, good faith commitment for up to
$225,000 in TIF assistance, SCI closed on the purchase of land in December 2010. With the
tentative award of Ramsey County HOME funds, and having already received land use approvals,
SCI should be very competitive for this round of MHFA tax credit funding. An updated letter of
support is needed for SCI's June 2011, MHFA tax credit funding application. At a future
meeting, SCI will request City approval of tax increment district. Prior to approval, the City
Council will need to determine whether the final financial analysis demonstrates the need for the
requested support. Staff recommends that the City provide a renewed letter of support for tax
credit financing including a commitment for up to $225,000 in TIF assistance. At the February
14, 2011, meeting, the City Council questioned for what length of time the good faith
commitment is in place. Given the very complicated nature of funding for affordable housing,
g
and the progress that SCI has shown since June 14, 2010, it is reasonable to conclude that the
City's pledge of support currently remains in effect. The City Council may choose to withdraw its
pledge for TIF assistance and /or support for the project. In that event, the City Council should be
aware that the project may not move forward.
Councilmember Holden clarified SCI had applied for tax credits in the spring of 2010 and been
denied and the application they put together in June of 2010 was for the October 2010 grant
application.
Mr. Jamie Thelen, CEO Sand Companies, Inc. stated this was correct. MHFA has two awards
per year. The application for the larger award is due in June and there is a supplemental or
smaller fund award in the spring with an application deadline in September. At this time the
application that SCI is putting together is for the larger MHFA tax credit award and they would
not know if they had received any funding until October of this year. The application deadline is
June 14.
ARDEN HILLS CITY COUNCIL — May 9, 2011 6
Councilmember Holden clarified SCI will need to request a new letter of support for each
housing tax credit application they do and this letter of support does not obligate the City to
provide TIF financing.
City Planner Beekman stated SCI has come to the City for a new letter of support for each
application they have done. This letter does not guarantee SCI will qualify for TIF or for the full
$225,000 specified in the letter of support. SCI will need to apply for TIF Financing and meet all
the criteria including the But -For Analysis before TIF Financing can be provided. The letter of
support is not an obligation but it is a good faith commitment that if the applicant applies for and
qualifies for TIF then the City will grant it.
City Attorney Jerry Filla stated the City has approved several things in regards to this project
and the applicants believe if they continue to follow the process and they qualify for TIF the City
will grant them TIF in an amount up to $225,000. They may not be eligible for the full amount or
they may qualify for more but the City has capped the amount they would approve at $225,000.
The applicants are aware that they should come to the City for a new letter of support for each
housing tax credit application they submit.
Mayor Grant stated the City may not be able to continue to support this amount of TIF if the
process goes on indefinitely. There may be other projects in the City that request TIF in the future
and the City may need to act on these requests. He clarified the City's financial situation may
change in the future where the City would not be able to continue their support for TIF
indefinitely.
City Attorney Filla stated the City has approved the project and SCI may decide to go forward
with the project without the housing tax credit funding.
Mr. Thelen stated SCI has been looking into other funding sources such as the Ramsey County
HOME funds that have been tentatively approved. SCI understands that they should come to the
City for a new letter of support for each application they submit and have been following this
process with each submission.
Councilmember Werner asked if the overall project costs have been reduced or increased since
the project was first brought to the City Council in 2009.
Mr. Thelen stated since 2009 the construction costs have decreased and they are also finding that
funding sources are less restrictive than they were in the past.
MOTION: Councilmember Holden moved and Councilmember Holmes seconded a
motion to Approve the Renewal of a Letter of Support for Tax Credit
Financing Including a Commitment for Up To $225,000 in TIF Assistance for
Sand Companies, Inc.
MOTION: Councilmember Holden moved and Mayor Grant seconded a motion to
Amend the Letter of Support to include a sentence in paragraph 4 that
specifies the Letter of Support will expire at the end of the 2011 grant award
cycle.
ARDEN HILLS CITY COUNCIL — May 9, 2011 7
Councilmember Holmes stated she would not support this amendment. This project is an
important initiative for the City and she would like to see the City Council encourage developers
to come forward and continue to support those developers. Affordable housing is important to the
residents of Arden Hills and if it takes several grant cycles for SCI to achieve their funding goal
then the City should support this. SCI is currently applying for the second time for a full funding
cycle.
Mayor Grant stated the amendment was not trying to limit the number of times that SCI can
come to the City and ask for a renewed letter of support but rather to let SCI know that as this
project experiences delays due to funding gaps the City's financial situation may change and the
City may be unable to renew the support in the future. The good faith commitment is not
indefinite and is dependent on the financial situation of the City. At this time the City does
support their project and their request for up to $225,000 in TIF Financing from the City.
Councilmember Holmes stated SCI has come to the City for a renewed letter for each application
they have submitted so the proposed amendment does not need to be made. Putting this type of
limitation in the letter of support may affect their ability to receive the tax credits. The City
should continue to be supportive of this project
Councilmember Holden clarified that the City should make it clear that there could be an end to
the support they have given at this time. SCI should not expect this support to be indefinite. She
stated the City should not be obligated to this TIF financing if there is no set time for when it will
occur.
City Attorney Filla stated the City could make it clear to the developer that the commitment is
not forever by making a separate motion or additional correspondence that is not included with the
letter of support. Putting an end date in the letter of support could hinder their chances of getting
additional funding.
Mayor Grant stated he would like the record to reflect the City's TIF commitment is dependent
on the City's financial situation and is not for an indefinite time.
Mr. Thelen stated this has been the longest it has taken SCI to obtain the needed housing tax
credits for a project. SCI also understands that they need to request a new letter of support for
each application they submit. A new letter of support is not a requirement for the application but
SCI feels it is important to do this for the City. MHFA does have some statutory rules about end
dates for support and if there are short -term dates then the project may not be considered. He
would request the City consider two motions and not include an end date in the letter of support.
He clarified that SCI is aware the City's financial situation can change and they may not receive
future approval for TIF support.
Councilmember Tamble stated if SCI has to request a new letter of support each time they apply
then having an end date in the letter of support would not be needed
ARDEN HILLS CITY COUNCIL — May 9, 2011 8
Councilmember Holmes stated the City should make the developer aware of the City's position
but this does not need to be included in the letter of support because at this time the City does
support up to $225,000 in TIF Financing.
City Attorney Filla recommended the City pass two separate motions. One motion to approve
the renewal of the letter of support and the second motion to draft a letter to the developer that
advises them that the City's commitment to TIF is not indefinite and is dependent on the City's
financial position at the time the project will be funded.
Councilmember Holden withdrew her motion to amend the letter of support.
Mayor Grant withdrew his second to the motion to amend the letter of support.
The original motion was called to a vote.
The motion carried (4 -1; Councilmember Holden).
MOTION Councilmember Holden moved and Mayor Grant seconded a motion to direct
Staff to draft a letter to the developer that the City reserves the right to
withhold support in the future based on the needs of the City at the time the
request is made. The motion carried (4 -1; Councilmember Holmes).
B. Planning Case 09 -021— Arden Village Building Permit Extension
City Planner Meagan Beekman stated on March 8, 2010, the Arden Hills City Council approved
a Preliminary and Final Plat, Master and Final PUD, Rezoning, CUP Amendment,
Comprehensive Plan Amendment, and Development Agreement to permit Arden Village, LLC to
construct a 55 -unit apartment building at 1296 County Road F. Section 5.0 Subd. A.2 of the
Development Agreement required Arden Village to obtain a building permit for the development
on or before June 30, 2011. Since the initial approval of the project, Arden Village has moved
forward with purchasing the parcel, and has filed the Final Plat to subdivide the property with the
County. Arden Village is working with the Minnesota Housing Finance Authority (MHFA) on an
application for housing tax credits that would allow the project to be constructed. Arden Village
did not receive funding in the last MHFA funding cycle in October, but is reapplying and
anticipates being awarded tax credits this fall. The applicants are requesting a one -year extension
on their deadline to submit for building permits in order to give them time to pull together their
financing package, which includes the housing tax credits. The building permit extension would
not change, extend, or alter any other aspect of the approved Development Agreement.
Councilmember Holden stated the City has been told that SCI would get funding with previous
funding cycles and they did not get what they expected. She asked what was different with this
application that made SCI more confident in receiving funding with this cycle.
Mr. Thelen stated if SCI was not confident they would receive funding they would not apply.
The process is expensive. The HOME funding from Ramsey County will also enhance their
scoring for this application.
ARDEN HILLS CITY COUNCIL — May 9, 2011
MOTION: Councilmember Holmes moved and Councilmember Holden seconded a
motion to Approve Amending Section 5.0, Subd. A.2 of the Arden Village
Development Agreement to Extend the Building Permit Deadline for One
Year to June 30, 2012.
Councilmember Holmes stated this motion should be approved since the City approved the
renewal letter for support.
The motion was called to a vote.
The motion carried unanimously (5 -0).
9. COUNCIL COMMENTS & STAFF UPDATES
Councilmember Werner asked if the City had checked into the reason for the trees being cut
down along Old Highway 10. He asked if this was due to the power company easement.
City Planner Beekman stated she has received calls regarding this and forwarded information to
Public Works Director Maurer. He is on vacation this week but will return next week and she will
follow up with him at that time.
Councilmember Holden stated she had reviewed an article on AOL regarding McDonalds and
how they are redoing their facilities. She stated at the time the City had been reviewing the
McDonalds Planned Unit Development, they had been told that the building style proposed is
what was being done and this is not what the article had shown.
Councilmember Holden asked if a date had been determined for the State of the City Address.
Mayor Grant stated a date had not been determined yet. He requested that Staff look into setting
a date for this. He suggested setting up something in September.
City Administrator Klaers suggested adding this discussion to a future work session.
Councilmember Holmes stated Celebrating Arden Hills is in September and the City could look
at doing the State of the City Address the night before.
Councilmember Holden stated the newsletter articles are due on Friday.
Councilmember Holden stated there had also been an article in regards to a person discharging a
firearm on New Brighton Avenue. She asked if this was a registered rental property and if it
involved a student from Bethel University. If the person involved was from Bethel University she
suggested the University be notified of this.
City Attorney Filla stated the person was cited and they have to appear in court in June.
Councilmember Holden stated Love Inc. has sent a letter regarding an event they will be having
May 5 -6, 2012. She asked if the City would be participating or if a letter should be sent to them.
ARDEN HILLS CITY COUNCIL — May 9, 2011 10
Mayor Grant requested this discussion be added to a future work session.
Councilmember Holmes stated there were two openings on the Planning Commission and those
interested are encouraged to apply on the City's website.
Mayor Grant stated he had received a letter from the River Valley Girl Scouts and there are 3
recipients of the Gold Award, which is the highest level for Girl Scouts. He requested City
Administrator Klaers invite Courtney Dane, Katherine Worble and Ann Lindberg to a future City
Council meeting so the Council can present them with certificates. He suggested doing this for
the May 31, 2011 regular City Council meeting. At this time the City has not received any
information from the Boy Scouts.
Mayor Grant stated he had received a letter from Representative Kate Knuth and she has signed
on as an author to House File 118 for the improvements to I -694 to Rice Street.
Mayor Grant stated he had received a letter of introduction from the new District 10
Representative from the Metropolitan Council, John Doan. Councilperson Doan would like to
introduce himself in person to the City. The Mayor requested City Administrator Klaers set up a
meeting time at one of the work sessions in June.
Mayor Grant stated he had received a letter from Mark Lindeberg at Mn/DOT with comments
regarding the appeal process. He stated City Administrator Klaers would provide a copy of this
letter to the Council members for review.
Mayor Grant stated it was time for City Administrator Klaers' annual review. He requested Mr.
Klaers put together the materials that would be needed for this process. He explained the process
would be similar to the process used for the six -month review. He recommended the Council set
a date in mid -June.
City Administrator Klaers stated the May 16 work session would include discussions with U.S.
Fish and Wildlife, the Minnesota Pollution Control Agency, and the U.S. Army regarding the
recent testing on Round Lake.
Councilmember Holden asked if notices would be sent to the Round Lake residents.
City Administrator Klaers stated the Mayor had announced at the last meeting that there would
be follow up information posted on the City's website and announcing the work session at this
meeting may be sufficient notice for those residents around Round Lake.
Councilmember Holden suggested sending a separate notice to just those residents on the lake
because they are the ones that would be directly affected by the project.
Mayor Grant stated the Mayor of New Brighton is asking the City of Arden Hills to participate
in the "Read a Book" program for the launch of the new Ramsey County library that will be
opening in the New Brighton Community Center. A book would be chosen about building
communities and everyone would be asked to participate by reading this book. At this time it is in
ARDEN HILLS CITY COUNCIL — May 9, 2011 11
the concept stage and there are not a lot of details available. As the project comes together, more
details will be available and the Council will be asked to support this. They are not asking for
financial support for this project but would like to have the City participate and put the
information on the City website. They are also looking for residents that would like to get
involved in helping to organize the event. They would like to have the "Read a Book" launch
when the library opens in November /December.
Councilmember Holmes stated the City should support the launch of the library. Even though
the library may not be in the location they would have liked it is still their library and they need to
support it.
Mayor Grant stated since there were no objections to the City participating in the event he will
notify New Brighton and give them the City's endorsement.
ADJOURN
MOTION: Mayor Grant moved and Councilmember Holmes seconded a motion to
adjourn to closed session pursuant to State Statute 13D.05, Subd. 3(c) (3) to
discuss client- attorney information related to the 2010 PMP assessment
appeals. The motion carried unanimously (5 -0).
Mayor Grant adjourned the Regular City Council Meeting at 8:25 p.m.
A‘,/
Patrick Klaers
City Administrator
David Grant
Mayor