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HomeMy WebLinkAbout06-08-09-R .. ~IllLLS Approved: July 27,2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JUNE 8, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harp stead; Council Members Dave McClung, David Grant, and Brenda Holden. Absent: Councilmember Fran Holmes (excused). Also present: City Administrator Ronald Moorse; Finance Director Susan Iverson; Community Development Director James Lehnhoff; Public Works Director Gregory Hoag; Civil Engineer Kristine Giga; City Attorney Jerry Filla; Parks and Recreation Manager Michelle Olson; Travis Winter, Bolton & Menk Inc.; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA Mayor Harpstead requested the motion for item 6A be moved to item 7E and item 6B is not a motion as stated but rather a public hearing. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to move the motion involved with item 6A to 8A. The motion carried unanimously (4-0). MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to approve the agenda as amended. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - June 8, 2009 2 2. PUBLIC INQUIRIES/INFORMATIONAL Public Mayor Harpstead opened the public inquiries/informational at 7 :05 p.m. Mr. Clifford Nimis, 1485 Glenhill Road, Arden Hills, stated concerns about the speed limit and sound levels on Snelling Avenue. He stated that he has brought this to the City's attention in the past with previous Councils. Recently there was a publication that stated people in St. Paul are concerned about their traffic on Snelling Avenue including the speed and congestion. He stated that indirectly Arden Hills is involved in this and Arden Hills has the highest speed limit in the northern suburbs south of 694. He continued to state that with the Highway 280 adjustments that are being done there will be additional problems on Snelling Avenue. He stated that he had left information with the City Councils for Roseville and Falcon Heights showing that St. Paul is showing concerns for this road. He suggested that the City's of Arden Hills, Roseville, Falcon Heights, and St. Paul meet to further discuss their options and presenting them to Mn/DOT. He is requesting the City Council look into the speed limit for Snelling Avenue Mayor Harpstead thanked Mr. Nimis for his concerns and asked Staff to put together information regarding the ability to alter the speed limit on Snelling Avenue and bring it to the City Council at a future work session. Mr. George Staples, 1433 Forest Lane, Arden Hills, asked the Council to consider having a hardship policy based on a fixed income for those property owners that are being assessed as 2 REUs in the 2009 Glenarden Neighborhood PMP project. Mayor Harpstead requested that Mr. Staples save his comments until the public hearing related to the pavement management project later in the meeting. Mayor Harpstead closed the public inquiries/information at 7: 12 p.m. A. TCAAP Update City Administrator Ronald Moorse stated Representative McCollum is planning a listening session at which elected officials from all government levels, as well as the general public, will be invited to provide their input to Representative McCollum regarding the future of the TCAAP property. The date for the listening session is Monday, June 22. The time is tentatively set as 5:30 p.m. to 7:30 p.m. The City Council and the Army/GSA, and a representative from Congresswoman ARDEN HILLS CITY COUNCIL - June 8, 2009 3 McCollum's office, will meet in July to discuss issues related to the sale/transfer of the TCAAP property. A date has not yet been set for the meeting. Mayor Harpstead clarified that the listening session with Representative McCollum would be at the Ramsey County Public Works Facility. 3. APPROVAL OF MINUTES None. 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Accept the Resignation of Larry Jones from the Parks, Trails, and Recreation Committee (PTRC) C. Approve the Ramsey County Joint Powers Agreement for Recycling Funding Collections for July 1, 2009, through June 30, 2014 MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS A. Public Hearin2 for Resolution 2009-014: A Resolution Givin2 Host Approval to the Issuance of Health Care and Housin2 Revenue Bonds under Minnesota Statutestt Chapter 462c and Minnesota Statutestt Sections 469.152 throu2h 469.1651 Issued throu2h the City of Roseville Finance Director Susan Iverson stated the City of Roseville has agreed to issue conduit debt for Presbyterian Homes on a refunding of Roseville's outstanding Senior Housing Refunding Revenue Bonds (EagleCrest Project), Series 2007. Because part of the project is located in Arden Hills, a public hearing and City Council approval of the financing is required under Section 146(f) of the Internal Revenue code. On May 11, 2009, the City Council passed a resolution calling for a public hearing on June 8, 2009, to consider giving host approval to the issuance of ARDEN HILLS CITY COUNCIL - June 8, 2009 4 revenue bonds by the City of Roseville under Minnesota Statutes, Sections 469.1651 and Minnesota Statutes, Chapter 462C in order to finance the cost of the project located in the City of Arden Hills. All costs will be paid by Presbyterian Homes that are incurred by Arden Hills for this issuance. Steve Bubul, the City's bond counsel, has reviewed and made any necessary changes to this paperwork. After the public hearing, the City will be asked to approve a resolution giving host approval to the issuance. Mayor Harpstead clarified that the Arden Hills portion of the project that is being refinanced includes funds financed for improvements to the common areas, hallways and room conversions to the McKnight Care Center, located at 3220 Lake Johanna Boulevard. He also clarified that this project had been approved and completed some time ago and that the debt associated with these improvements was going to be refinanced. Finance Director Iverson stated that this was correct. Mayor Harpstead opened the Public Meeting at 7: 14 p.m. Mayor Harpstead closed the Public Meeting at 7:15 p.m. B. Public Hearin2 for the 2009 Pavement Mana2ement Special Assessments Civil Engineer Kristine Giga stated that the 2009 Pavement Management Program is the Glenarden neighborhood. She provided the Council with information regarding the public process to date including the four neighborhood meetings, an update and schedule on the project and outlined the project costs and the amounts that will be paid by the City and the amount to be assessed. She stated that the assessment rate would be 4.8%, which was based on the City's rate of return, plus 2% with a payment period of 10 years. The proposed assessment amount for each REU would be $6,601.69. She reviewed the payment options for the assessment amount, which included 30-day pre-payment period or 10 equal annual installments with interest. She stated that Staff had looked into deferring one assessment for the four properties that are listed as 2 REUs. The City has three options: 1. require interest to be paid annually at the same time as the principal installments of the assessment would have been payable, 2. add interest for this period to the principal amount of the assessment when it becomes payable, or 3. forgive interest to December 31 of the year before the first deferred installment is payable. The Council will need to establish the terms for the deferred assessment roll. She discussed the Senior Deferral procedure. The requirements for Senior deferral are the person must be 65 years of age or older the year assessments are levied, must ARDEN HILLS CITY COUNCIL - June 8, 2009 5 establish economic hardship - annual gross income of less than 50% of Ramsey County median household income, and applicants need to fill out a deferral form and provide supporting tax documents for City approval. Mayor Harpstead opened the Public Meeting at 7 :22 p.m. Civil Engineer Giga stated that Joseph Corpstein, 3544 Snelling Avenue North, was not able to attend the meeting but did send in a letter to the Council stating that he did not agree with his property being assessed as 2 REUs. His home is in the middle of the two lots and would need to be removed in order to subdivide the lots. He does not have any intentions of doing this. Ms. Geruth Buetow, 1433 Forest Lane, Arden Hills, stated that her property was being assessed as 2 REUs. She stated that they had been prepared to pay for one assessment but they are not able to pay for two assessment amounts because they live on a fixed income. She asked that the Council not assess the second lot or make the terms for the second assessment such that it will not cost the residents more in interest than the initial amount. She provided a letter to the Council regarding her concerns. Mr. Staples stated that they would be willing to hear proposals from the Council regarding a policy. Ms. Buetow clarified that Mr. Staples was referring to a hardship policy. She also stated that Arden Hills does not have a hardship policy at this time. Ms. Pat Dachtera, 1399 Arden Place, Arden Hills, stated that in January residents were told about the project and the schedule would be that in April, the City would be getting bids and in May, there would be a public meeting to discuss the project. She stated that things have already started and would assume that the project is moving forward. She stated in January several residents had given testimony that other suburbs are doing similar pavement projects but their residents are only paying a fraction of the cost. She gave the example of Oakdale residents being assessed $3500.00 for their pavement project. She asked why Arden Hills' residents are paying so much for this project. Mr. Robert Heublein, 3438 Glenarden Court, Arden Hills, stated that he has one of the 2 REU properties being assessed. He stated that his home sits in the middle of the two lots and this home was built in 1949 as a single dwelling. It was not the intent of the original builder or the current owners to subdivide the lot. The deferred assessment fee could be considered a liability on the property if the property is sold in the future. He provided a letter to the Council. ARDEN HILLS CITY COUNCIL - June 8, 2009 6 Mr. Ken Breheim, 1411 Arden Place, Arden Hills, stated that he had purchased the home about a year and a half ago. He asked if the City had completed an analysis to determine if the property value would increase from the new road. Minnesota Statute Chapter 429 states that the amount assessed cannot be more than the amount of the increased value to the property. He also provided the Council with a written request for intent to appeal for a lower amount due to difficult financial situation and he was unaware that this assessment was happening. He is requesting assistance due to the fact that he just moved to the area and his budget is tight. He provided written documentation to the Council. Mr. Ryan Grubba, 3530 Glenarden Road, Arden Hills, stated that he had lost his job last year and is in a hardship situation at this time. He would not be able to pay off the amount being assessed and so it would have to be added to his property taxes and this would be more than he can afford at this time. He stated that the City should have a hardship application for other residents, not just those that are over 65 years old. He provided a letter for the Council. Mayor Harpstead closed the Public Meeting at 7:35 p.m. 7. NEW BUSINESS A. Resolution 2009-015: Adoptin2 Proposed Special Assessment Roll for the 2009 Pavement Mana2ement Pro2ram Mayor Harpstead stated that this was an extension of item 6B but there was additional information specifically related to one of the parcels that has been established as 2 REUs. Civil Engineer Giga stated that the parcel was 1433 Forest Lane and since the last Council meeting Staff has met with the property owners and the discussion was that the current structure does cross both properties. Staff recommends adding the second assessment for this property to the deferred assessment roll. Mayor Harpstead asked if the Council decided on Option 3 (forgive interest to December 31 of the year before the first deferred installment is payable) to determine the amount of interest on the deferred assessments if this would result in the City forgiving 29 years worth of interest. City Attorney Jerry Filla stated that if the Council chooses this option then the City would be forgiving 29 years worth of interest. ARDEN HILLS CITY COUNCIL - June 8, 2009 7 Councilmember Grant clarified that the options provided for the deferred assessment were the only options available to the City. Civil Engineer Giga stated that for the deferred interest rate the options provided are the options that are listed in the state statutes. Mayor Harpstead stated that there is a fourth issue in that the interest rate itself needs to be set by the Council. He asked if this interest rate had to be equal to the interest rate that was established for the 10-year assessment plan. Civil Engineer Giga stated that the interest rates could be different. Mayor Harpstead clarified that Staff was looking for direction regarding the deferred assessment including interest, terms, and period. Councilmember Holden stated that there are four properties in this project that have been identified as 2 REUs. Even though there is no intention of subdividing these properties at this time there have been situations in the past where a lot was subsequently subdivided. She stated that she would be willing to forgive the loan for the second REU but if the property were to be subdivided before the end of 30 years then the full amount would have to be paid. Councilmember Grant asked if Councilmember Holden was referring to forgiving the principle and interest or just the interest. Mayor Harpstead stated that the principle could not be forgiven. City Attorney Filla stated that the Council could choose not to defer the assessments and treat these four properties as 1 REU rather than two. If the Council adopts a deferred assessment roll, it will become due and payable at some point. Mayor Harpstead asked if Ms. Dachtera had any additional information that compared the assessment rate with other cities. Civil Engineer Giga stated that each city sets their assessment policy differently depending on how they fund the remaining portion of their projects. It is difficult to compare assessment policies between cities. City Administrator Moorse stated that in Ms. Dachtera's example Oakdale assesses 35% of the amount and Arden Hills assesses 50%, which results in a lower assessment amount but not a lower cost in building the road. ARDEN HILLS CITY COUNCIL - June 8, 2009 8 Mayor Harpstead stated that another difference would be that some cities choose to tax residents ahead of time and build up large fund balances which would result in a project being accomplished without high assessments. Councilmember McClung stated that as a Council they needed to determine if the City have a 50/50 assessment policy or if taxes get raised for all the residents. Councilmember Grant stated that he would favor Option 3 of forgiving the interest to December 31 of the year before the first deferred installment is payable. He stated that this year was a competitive bidding environment and the project was originally estimated over $9000.00 per REU but is significantly lower because of this. Civil Engineer Giga stated that the original estimated assessment was $9800.00 two years ago. Councilmember Grant stated that the $6600.00 that was being assessed this year is lower than the original estimates but if the project were to be postponed again the amount may go back up due to outside factors such as cities a higher demand for contractors with the number of upcoming projects in the area utilizing stimulus money. Councilmember McClung stated that he would support Option 3, forgiving the interest to December 31 of the year before the first deferred installment is payable. Councilmember Holden stated that she would like to address the concern that the value of the assessment is not equal to what the added value would be to the house. City Attorney Filla stated the 2009 pavement project is similar to projects in the past and what the City has done in the past is have appraisers state that these kinds of assessments can be supported on single family residents. There have been some assessment appeals and the court has determined that the assessment was equal to the value added. Mayor Harpstead clarified that the City does not go out ahead and appraise each property . Councilmember Grant stated that even with property values going down the addition of the new street would still increase the value of the home. The value that the new streets add to the resale value of the home is what needs to be looked at. ARDEN HILLS CITY COUNCIL - June 8, 2009 9 Mayor Harpstead stated that Council had provided Staff with direction of installment periods and interest rate for the assessment roll. He asked if there were any changes that Council would like to make at this time or if there was still a consensus from Council. Councilmember Holden asked what the rate or annual amount was over the 1 0 years. Finance Director Iverson stated that the principle payment would be divided by ten and would stay constant over the term and the payment would be higher in the first year because there would be all of the interest plus the principle payment. The equal annual installments would be where the payment would be a larger interest payment and smaller principle payment to start with. Mayor Harpstead asked what the annual cost per resident would be under the equal payments plan. Finance Director Iverson stated that the amount payable each year would be $846.67 for years two through ten but the first year would be $1026.38 because of the extra interest from this year added to the amount. City Attorney Filla asked when the first installment would be due and payable. Finance Director Iverson stated that it would be due in 2010. Mayor Harpstead clarified that May 2010 half of the $1026.38 would be due. Finance Director Iverson stated that this was correct. City Attorney Filla asked if the next Council meeting would address the deferred assessment roll and what was being presented at this time was the regular special assessment. Mayor Harpstead clarified that the motion at this time would not deal with the second units that are being assessed for the four property owners and there would be a Deferred Assessment Roll that would be dealt with separately. Civil Engineer Giga stated that Staff was asking for direction on how the Council would like to frame the resolution pertaining to the deferred properties. She clarified that the Resolution being presented does not include the four properties that are being deferred and these would be part of a separate resolution to be presented to the Council at a later date. ARDEN HILLS CITY COUNCIL - June 8, 2009 10 City Attorney Filla stated that on the assessment roll that covers the bulk of the project the title of it be changed from "Final Assessment Roll" to "Assessment Roll" . Councilmember Holden stated that in the past when the City has had people with hardships they have worked with City Staff. She asked what the Staff does to work with these people. Finance Director Iverson stated that there is a process and paperwork that needs to be followed for a Senior Deferred assessment. She clarified that this would be for the Senior Deferred only. City Attorney Filla stated that even with the Senior Deferred and hardship situations the amount would still be payable at some point in time. Mayor Harpstead clarified that the Senior Deferred includes the interest rate. Finance Director Iverson stated that any deferred assessments are still carried on the City's balance sheet and with the property at the County. Mayor Harpstead clarified that this would be at the rate that was established at the time the assessment was made. MOTION: Mayor Harpstead moved and Councilmember Holden seconded a motion to Approve Resolution 2009-015: Adopting the Proposed Special Assessment Roll for the 2009 Pavement Management Program improvements as published with the correction that the word "Final" be removed before the words "Assessment Roll" in the attachment to the resolution. Councilmember McClung asked Staff if Council had provided the direction that they were looking for regarding the deferred assessment roll. Civil Engineer Giga stated that Staff had received the direction they asked for. Mayor Harpstead stated that the deferred assessment roll would be part of the next City Council meeting. The motion carried unanimously (4-0). ARDEN HILLS CITY COUNCIL - June 8, 2009 11 B. Motion to Adopt Resolution No. 2009-017: A Resolution Supportin2 Re2ional Federal Transportation Pro2ram Fundin2 Application Submittal for the County Road E Pedestrian/Bicvcle Overpass of Snellin2 Avenue (TH51) Parks and Recreation Manager Michelle Olson stated at the May 26, 2009 Regular City Council Meeting, Kimley-Horn and Associates was selected from the City's engineering pool to proceed with an application for funding through the 2009 Regional Federal Transportation Program for the County Road E pedestrian/bicycle overpass of Snelling A venue (TH51 ).Staff held a meeting with Kimley Horn to discuss the application process. The two types of funding programs that this project is eligible for are the Surface Transportation Program (STP) and the Transportation Enhancement Program (TE). Staff and Kimley-Horn have determined that the STP is the most appropriate program and would provide the best opportunity for funding. Staff is requesting Council consideration of including a trail connection to the west from the proposed County Road E pedestrian bridge to Old Snelling. Connecting trails to the proposed improvement is a factor in the funding application scoring. If the trail were included with the bridge, it would connect up to future proposed trails on Old Snelling and Lake Johanna Boulevard. If the connection is included in the application, there will be an increase in the project cost, including engineering fees. Once these costs have been identified the contract with Kimley- Horn would need to be amended. If Council supports including this connecting trail, Staff will need to give this direction to Kimley-Horn as soon as possible so that they can include this in the application. The application deadline is Monday, June 15, 2009. The federal funding requires a 20% local match; engineering fees are not an eligible cost. This project would be eligible for State Aid funds for the local match, as well as for engineering, up to 25% of construction costs. If the City Council chose not to allocate State Aid fund to the project, then an alternative funding source would need to be identified for the local match and all engineering fees. If funding is obtained through this process, funds would be available for construction in fiscal years 2013 and 2014. Councilmember Holden asked for clarification on what the costs would be for the City for the trail connection under the 80/20 split. Parks and Recreation Manager Olson stated that the additional costs for the City to construct a pathway from the bridge to Old Snelling are estimated to be $84,000.00; $64,000.00 for the 20% match in construction costs and $20,000.00 for the ineligible engineering fees. The right-of-way is eligible for reimbursement if needed for the trail. ARDEN HILLS CITY COUNCIL - June 8, 2009 12 Councilmember Holden asked what the amount is for the City's 20% match for the bridge. Parks and Recreation Manager Olson stated that this was being assessed at this time and it preliminary at this time. Civil Engineer Giga stated that once the federal funding application has been completed, information will be provided to the Council reflecting all the cost estimates. Councilmember Holden stated that it is difficult to decide if the costs for the trail should be included if the costs for the bridge are unknown. Civil Engineer Giga stated the project specific estimates are not finalized but the project estimates that have been given to the City by Mn/DOT for similar projects is about $1,000,000.00 for the bridge. Councilmember Holden clarified that 20% of this would be about $200,000.00 and the engineering costs would be the $75,000.00, which was approved previously. Parks and Recreation Manager Olson stated that Kimley Horn will have more refined numbers for the Council and at this time they do not believe the estimate will be as high as $1,000,000.00 for the bridge. Councilmember Holden asked what kind of trail this would be including how wide, where it would be placed, and if the cost includes all the utility movements. Parks and Recreation Manger Olson stated that according to Kimley-Horn, this would be an eight foot trail and with federal funding there needs to be a two foot clear zone on each side. The eight foot width would be available for both pedestrians and bicycles. The trail is on the north side of County Road E and they have included retaining walls in the estimate. The movement of electrical utilities is usually handled by Xcel Energy and these costs are not included because this cost is unknown. Councilmember Holden stated that there would be a driveway that would be removed on a residential property. She asked if this was included. Civil Engineer Giga stated that Staff would have to verify that this cost is included in the estimate from Kimley Horn. ARDEN HILLS CITY COUNCIL - June 8, 2009 13 Mayor Harpstead clarified that there was right-of-way along this street that this would fit within. Parks and Recreation Manager Olson stated that this was correct but further analysis would be needed where the garage and driveway are located. Councilmember Holden stated that when this project was looked at a few years ago there would have to be some property purchased and the assessment at that time was to move the driveway to the other street. Councilmember Grant stated that the opening to the garage would have to be to the back side. Parks and Recreation Manager Olson stated that the driveway would need to be moved but was not sure of the right-of-way. Councilmember Holden asked if a trail needed to be constructed versus a sidewalk for this grant. Parks and Recreation Manager Olson stated that she would need to look into this. The purpose for building a multi-purpose trail is because when you are going into a bridge that is multi-purpose it provides advantages as far as tying into the network. Councilmember Grant stated the addition of the trail does score higher. He does have concerns that the Council does not have all the numbers that they need and that Staff is not sure on some points. He wants to be sure that the project is not under funded and asked what type of guarantees Staff could provide that this would not be the case. Parks and Recreation Manager Olson stated that Kimley-Horn felt that the $320,000.00 construction cost for the trail was a good estimate and the only issues that may arise would be if there were problems with Xcel Energy moving the electrical for no cost. Councilmember Holden stated that the last time the City had looked at this project the utility companies were going to charge to move the utilities. Parks and Recreation Manager Olson stated that in most situations because the City has a franchise agreement with Xcel Energy, it has been successful with them moving the utilities at their cost. She stated that she could not guarantee at this time ARDEN HILLS CITY COUNCIL - June 8, 2009 14 that this would be the situation in 2013 when this project would be under construction. Mayor Harpstead stated that part of what the Council is discussing is a grant application that is due on June 15. This grant application would not be decided on until December and would be finalized in early 2010 for a 2013-2014 construction project. He stated that the grant application needed to contain as much information as possible so that in 2013-2014 there will not be any surprises. Councilmember Holden stated that she would also like to be sure that the City is able to provide the local match. Councilmember Grant asked if the funding source is in 2013 - 2014 would the costs be factored to accommodate the inflation in costs. Civil Engineer Giga stated that Staff would verify that the costs are adjusted to reflect the potential costs for 2013 - 2014. Parks and Recreation Manager Olson stated that Kimley- Horn has stated that the $1,000,000.00 estimate is very high but until they get the actual analysis they could not be certain. A draft application would be available on June 10 for staff to reVIew. Councilmember Grant requested that the funding for the retaining walls be evaluated to ensure that it is adequate to cover the costs including any required fencing. Parks and Recreation Manager Olson stated that Staff would verify this with Kimley Horn. Councilmember Holden asked why the City was not applying for both programs (STP & TE) within this grant. Parks and Recreation Manager Olson stated that the City could only submit one application. Mayor Harpstead clarified that Staff was requesting two actions from Council. The first action is an endorsement to include the trail in the grant application and the second is a motion of support for the application of the grant. Councilmember Holden asked where this will attach to on the east side of the bridge. ARDEN HILLS CITY COUNCIL - June 8, 2009 15 Parks and Recreation Manager Olson stated that what will be utilized on the east side is the B2 Guiding Plan. There currently is a sidewalk that comes up to McDonalds, and from there, a landing that will connect to the bridge. Councilmember Holden asked why this portion would not be included in the grant application as well. Parks and Recreation Manager Olson stated that the segment east of Connelly was not included because of the possibility that the road was going to be changed. The plan was to use the shoulders as it exists today as a bike lane and they did not include a trail on this side because of the potential for this having to be torn up in the future development of this area. Councilmember Holden stated that she would rather have sidewalk go from the bridge to the downtown area because there is already an eight foot shoulder on the west side that could be used. Community Development Director James Lehnhoff stated that an entrance going to the bridge on the east side should be included in the application. MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to support the inclusion of the trail that connects the bridge to Old Snelling on the west side and to Connelly on the east side in the grant application. The motion carried unanimously (4-0). MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to Adopt Resolution No 2009-017: A Resolution Supporting Regional Federal Transportation Program Funding Application Submittal for the Surface Transportation Program (STP) for the County Road E Pedestrian/Bicycle Overpass of Snelling Avenue (TH51). The motion carried unanimously (4-0). C. Approve Ordinance 2009-007 and Ordinance 2009-008 to Add Residential Rental Unit Rel!istration Ordinance and Fees to the City Code Approve Publishin2 a Summary of Ordinance 2009-007 and 2009- 008 Community Development Director Lehnhoff stated that in accordance with the City's overall community enhancement program work plan, Staff prepared a rental ARDEN HILLS CITY COUNCIL - June 8, 2009 16 registration ordinance, which has been reviewed by the City Attorney. The primary purpose of this ordinance is to track rental patterns in the City, educate renters on City regulations, and to provide Staff with the necessary contact information for non-owner occupied properties. He reviewed who is required to register, what information is required to register, what happens is a registration is rejected, suspended, or revoked, and what the registration fee and penalty fee is. Staff is in the process of preparing an educational pamphlet and an update to the website to facilitate this process and educate property owners. An article for the newsletter will also be prepared. The materials will be available to the City Council as soon as they are completed. The educational materials will be distributed with every rental registration. There is not an inspection portion to the ordinance. Should a registration be suspended but continues to be rented this would be in violation of the ordinance and be subject to citation or civil proceedings. The ordinance provides 120 days for existing properties to register after the adoption of the ordinance, which would be October 17, 2009. After this year, the registration will expire at midnight on June 30 of each year. Councilmember Holden asked if a property was purchased by someone and they allow someone to live there without paying rent if this would be considered a rental property . Community Development Director Lehnhoff stated that this would still be considered a rental property because the owner does not occupy the home. Mayor Harpstead stated that an example of a facility such as a university or senior home purchasing a single family dwelling and renting it out would be Presbyterian Homes. Community Development Director Lehnhoff stated that if this property were to be rented out then it would need to be registered. Community Development Director Lehnhoff stated that one item was missed in the publication of the proposed ordinance. The item that needs to be added would be on page 2 of the proposed ordinance, Section 335.03 General Registration Provisions, Subd. I.D Group Residential Housing as defined in Minnesota Statute 2561 as amended from time to time. This item deals with group residential housing. Councilmember Holden asked what Little Brothers of the Poor would qualify under because they occasionally have people stay with them. Community Development Director Lehnhoff stated that they would need to register but they could be added as an exception if the Council chooses. ARDEN HILLS CITY COUNCIL - June 8, 2009 17 Councilmember Grant clarified that the Odd Fellows Lodge would also need to register under the ordinance. Community Development Director Lehnhoff stated that this is correct. Mayor Harpstead clarified that this ordinance applies to dwelling units or buildings not rooms. Community Development Director Lehnhoff stated that this ordinance does not apply to rooms. Councilmember Holden asked if there were continual issues with a property would the City have the right to inspect the property. Community Development Director Lehnhoff stated that the ordinance covers this on page 3, item 335.04, Subd. 3. MOTION: Mayor Harpstead moved and Councilmember McClung seconded a motion to Approve Ordinance 2009-007; An Ordinance Requiring the Registration of Residential Rental Units with less than Five Dwelling Units with the addition of Item 335.03 Subd. 1.D Group Residential Housing as defined in Minnesota Statute 2561 as amended from time to time. The motion carried unanimously (4-0). MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to Approve Ordinance 2009-008 to Add Residential Rental Unit Registration Fees to the City Code. The motion carried unanimously (4-0). MOTION: Mayor Harpstead moved and Councilmember Grant seconded a motion to Approve Publishing a Summary of Ordinance 2009-007 and 2009-008. The motion carried unanimously (4-0). D. Motion to Approve the Lift Station Al!reeIDent with Presbyterian Homes Re2ardin2 the Purchasett Installationtt and Maintenance of Lift Station Pumps and an In-line Grinder Related to Lift Station #7 tt and Authorizin2 the Mavor to Si2n the A2reement City Administrator Moorse stated that this item relates to an agreement with Presbyterian Homes regarding maintenance and repair issues and costs related to lift station #7 that serves Presbyterian Homes. The key elements of the agreement are ARDEN HILLS CITY COUNCIL - June 8, 2009 18 Presbyterian Homes will reimburse the City any costs of purchasing and installing two new ten horse power pumps for the lift station. The City will be responsible for the routine maintenance of those pumps and Presbyterian Homes will be responsible for extraordinary maintenance. Presbyterian Homes will also purchase and install an in-line grinder to pre-treat objectionable materials discharged by Presbyterian Homes into the sanitary sewer system. Mayor Harpstead clarified that Presbyterian Homes had already committed to the terms of the agreement. Councilmember Grant asked if this would be a legal agreement and if the City Attorney had reviewed it. City Attorney Filla stated that this would be a legal agreement between the City and Presbyterian Homes and he had reviewed it. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to Approve the Lift Station Agreement with Presbyterian Homes Regarding the Purchase, Installation, and Maintenance of Lift Station Pumps and an In-line Grinder Related to Lift Station #7, and Authorizing the Mayor to Sign the Agreement. The motion carried unanimously (4-0). 8. UNFINISHED BUSINESS A. Motion to Approve Resolution 2009-014: A Resolution Givin2 Host Approval to the Issuance of Health Care and Housin2 Revenue Bonds under Minnesota Statutestt Chapter 462c and Minnesota Statutestt Sections 469.152 throu2h 469.1651 Issued throu2h the City of Roseville MOTION: Councilmember Holden moved and Mayor Harpstead seconded a Motion to Approve Resolution 2009-014; a Resolution Giving Host Approval to the Issuance of Health Care and Housing Revenue Bonds under Minnesota Statutes, Chapter 462c and Minnesota Statutes, Sections 469.152 through 469.1651 Issued through the City of Roseville. The motion carried unanimously (4-0). 9. COUNCIL COMMENTS AND REQUESTS Councilmember McClung stated that the deadline for articles for the July newsletter is June 12 and Mayor Harpstead is writing an article for the July ARDEN HILLS CITY COUNCIL - June 8, 2009 19 newsletter and Councilmember Holden is writing an article for the August newsletter. He also thanked Councilmember Holden for sitting in on the Communications meeting for him that occurred while he was out of town. Mayor Harpstead stated that he would be absent for the June 29, 2009 Regular City Council meeting and Councilmember McClung would chair that meeting. He expressed his support with the Council's consensus of deferring interest for those properties that would be considered 2 REUs in the 2009 PMP project. Councilmember Holden asked if the City had the maintenance agreement for the maintenance facility. Public Works Director Gregory Hoag stated that he had only been able to locate draft forms of the agreement. Mounds View School has only draft forms of the agreement as well. Councilmember Holden asked if the City Attorney would have this agreement on file. Public Works Director Hoag stated that the agreement would be the operational procedures for the facility. Councilmember Holden asked how the City could verify that they were being charged correctly every year. City Attorney Filla stated that he would check his files and report back to the Council. Councilmember Holden stated that there had been a joint PTRC meeting with New Brighton. The main concern for the New Brighton PTRC was the railroad bridge over Interstate 35 so that they could have a trail connection. Mayor Harpstead clarified that this would be for the one north of Highway 694. He asked if this proj ected had been slated for removal by Mn/DOT this year. Councilmember Holden responded that it is slated for removal but has not been removed yet. She had asked them ifit was a priority for them on Arden Hills' third bottle neck at Cleveland and the railroad bridge and they were more focused on the other bridge. ARDEN HILLS CITY COUNCIL - June 8, 2009 20 Councilmember Grant stated that the Planning Commission had met last Wednesday and the Council can expect to see a proposal for Arden Plaza at the June 29 City Council meeting. Councilmember McClung stated that since this would be a PUD a 4/5 vote would be required. Finance Director Iverson stated that Community Director Lebnhoffhad stated that the PUD would be presented at the July 13,2009 City Council meeting in order to insure a full Council. ADJOURN MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to adjourn. The motion carried unanimously (4-0). Mayor Harpste ~oumed the Regular City Council Meeting at p.m. Ronald J. orse City Administrator