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HomeMy WebLinkAboutMinutes - 2010/08/09• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 9, 2010 • 1. 2. K� Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:01 P.M. MEETING IS CALLED TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Flaherty, Stigney, Hull, Gunn. NOT PRESENT: Mueller. 4. APPROVAL OF AGENDA A. Monday, August 9, 2010, City Council Agenda. MOTION/SECOND: Gunn/Hull. To Approve the Monday, August 9, 2010, agenda as presented. Ayes — 4 5. PUBLIC INPUT None. Nays — 0 Motion carried. 6. SPECIAL ORDER OF BUSINESS A. Beyond the Yellow Ribbon — Presentation by Lt. Col. Barb O'Reilly Lt. Col. Barb O'Reilly introduced herself to the Council and explained the Beyond the Yellow Ribbon campaign. She indicated over 20,000 service members have been deployed since 9/11. Ms. O'Reilly indicated Beyond the Yellow Ribbon was a comprehensive collaborative effort to meet the needs of every veteran returning from Operation Enduring Freedom. She wants to make everyone aware of the support needed by both the veterans and their families. She encouraged the community to come together and meet the social, spiritual, medical and mental needs of the service men and women returning. Council Member Gunn thanked Lt. Col O'Reilly for her presentation and encouraged the City of • Mounds View to participate in this campaign. She indicated this was a great opportunity for the community to come together to care for those serving the nation. Mounds View City Council August 9, 2010 Regular Meeting Page 2 Mayor Flaherty stated there were a lot of people willing to help and this campaign provided the • resource to pull together the resources. He indicated Council Member Gunn was willing to spearhead the initiative for the City of Mounds View and looked forward to seeing the campaign take off. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing for Select Senior Living Housing Program. Finance Director Beer stated the City Council preliminarily approved moving forward with issuing private activity bonds on behalf of Select Senior Living of Mounds View, LLC to construct a 95 unit senior housing facility. The City must now establish a housing program and hold a public hearing to take comment on this program. There are no approvals needed at this time. Mayor Flaherty opened the public hearing at 7:15 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:15 p.m. Council Member Stigney questioned how the median family income was calculated for the Select Senior Living housing program. Jenny Boulton, Kennedy & Graven, reviewed this was anything considered income in the household and was established by HUD. • Council Member Stigney asked how rent would be collected for those whose income did not meet the qualiiications for efficiency uruts or assisted living. Joel Larson, the developer, stated 20 units would be elderly waiver units to allow for reduced rental rates. Mayor Flaherty indicated the agreement for the private activity bonds would be forth coming between the City and Select Senior Living of Mounds View LLC. He questioned who would monitor these bonds. Ms. Boulton indicated a trustee would monitor the bonds on behalf of the holders and the State does not take a role in the monitoring. Finance Director Beer explained the City would review the information and the monitoring would require minimal staff time. He indicated the Council would receive final approval for issuance of the bonds at a future meeting. B. 7:10 p.m. Public Hearing to Consider a PUD, Development Review and Major Subdivision for the Coventry Senior Living Development at 2320-40 County Highway 10 and 5260 O'Connell Drive. Planning Associate Heller stated that this item is regarding Coventry Senior Living, represented by Greg Johnson. Mr. Johnson has submitted a planning application for a 95-unit senior housing development on three Lots: 2340 County Highway 10 ("The Car Wash") and the two adjacent vacant lots to the southwest. The building would have 18 independent living units, 45 assisted living units, 16 high-acuity units, and 16 memory care units. • Mounds View City Council August 9, 2010 Regular Meeting Page 3 • Planning Associate Heller indicated Coventry Senior Living has submitted an application for a major subdivision of three parcels at 2320-2340 County Highway 10 and 5260 O'Connell Drive. The proposed 2.18 acre subdivision would replat the three lots into one parcel. Major subdivisions are a two-step process. First, a preliminary plat is submitted and reviewed by the Planning Commission and City Council. Then a final plat is submitted after any recommended changes are done, and the City Council makes a final decision. This major subdivision request meets City Code requirements. The preliminary plat and title commitments have gone through a legal review by the City Attorney. The payment of the park dedication fee and trail contribution amount will be required before the City signs the �nal plat for recording with Ramsey County. She reviewed the site plan specifics and building materials in detail. Planning Associate Heller stated the Planning Commission considered this proposal at their July 21, 2010 meeting. Staff mailed letters to property owners within 500 feet of the project site to notify residents about the meeting even though it was not a public hearing. No residents attended the Planning Commission meeting. The Planning Commission voted unanimously 6-0 (Stevenson absent) to approve the rezoning, development review and preliminary plat. She indicated the developer has held two neighborhood meetings and received a great deal of input on the development. Staff recommends that the City Council approve the Coventry Senior Living proposal. The Council should hold the introduction and first reading of Ordinance 848 and approve Resolution • 7655. Mayor Flaherty opened the public hearing at 7:43 p.m. Mayor Flaherty reviewed an email received by staff from Mark Gavett, 5210 Jeffery Drive, who opposed the Coventry Development. Greg Johnson, Coventry Senior Living, thanked the Council for reviewing the plans this evening and stated he was available to take questions or comments. Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:45 p.m. Council Member Stigney questioned if an R-2 buffer was required between Commercial and R-1. Planning Associate Heller stated this would be ideal to provide a buffer, but does not always happen with Commercial properties along Highway 10. Council Member Stigney was pleased with the color renditions of the senior housing building. He asked if there would still be a need for this senior housing development, if the Select Senior Living Housing Program was also completed. Planning Associate Heller explained staff has been told that the market could not support two new buildings at the same time. Council Member Stigney questioned if the development would be funded privately. Mr. Johnson • stated he was looking into private funding along with conduit financing. He felt comfortable enough proceeding with their application even though another senior housing development was Mounds View City Council August 9, 2010 Regular Meeting Page 4 proposed in the City. � Mayor Flaherty asked if this development would proceed if the Select Senior Living development also began construction. Mr. Johnson indicated the project may be delayed a year or two. Mayor Flaherty indicated he was not in favor of rezoning the site if the development was not going to proceed. He stated the City would know more at the next meeting. Mr. Johnson stated he was optimistic his project would move forward this year as he may be seeking public funding as well. Community Development Director Roberts reiterated that the Ordinance did require a second reading and would not be completed this evening. MOTION/SECOND: Gunn/Hull. To Waive the First Reading of Ordinance 848, an Ordinance approving the rezoning of 2.18 acres of land at 2320 & 2340 County Highway 10 and 5260 O'Connell Drive to PUD, Planned Unit Development. Ayes — 4 Nays — 0 Motion carried. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7655, approving the "Coventry Senior Living" Development review and preliminary plat. Ayes — 4 Nays — 0 Motion carried. C. 7:15 p.m. Public Hearing to Consider an Appeal for a Variance Request by • Eichi, Inc. to Allow Reduced Lot Widths in a Wetland District on the Longview Estates Property. Community Development Director Roberts stated the applicants and property owner, Eichi, Inc. (represented by Marty & Paul Harstad), want to subdivide a 7.14-acre parcel into single-family lots that would all front Longview Drive. This property is located in a wetland district. The City requires single-family lots in wetland districts to be a minimum of 125 feet wide and 20,000 square feet in area. These standards are larger than the lot size requirements for single-family lots in non-wetland districts. The Harstads are requesting a variance to allow for reduced lot widths in order to subdivide the property facing Longview Drive into 10 single-family lots. Without a variance, the owner could subdivide the property into a m�imum of eight lots fronting Longview Drive. They have not yet applied for the major subdivision as they want to see the outcome of their variance request first. Community Development Director Roberts explained that on June 16, 2010, the Planning Commission voted 5-0 (2 Commissioners absent) to deny the variance for reduced lot widths within the proposed Longview Estates subdivision. The Commission did not find sufficient hardship to warrant granting the variance and as such approved Resolution 927-10 denying the variance request. Mr. Harstad has appealed the Planning Commission's decision to the City Council. • Mounds View City Council August 9, 2010 Regular Meeting Page 5 • Community Development Director Roberts indicated the Harstads are requesting a variance to have reduced lot widths in order to subdivide the property into 10 lots. All of the proposed lots meet the 20,000 square foot requirement, and two of the lots meet the 125 foot width requirement. The proposed lots range from 90 feet wide to 152.42 feet wide. The Harstads are requesting City approval to have 10 lots because when the City constructed Longview Drive in 1966, 10 water and sewer service stubs were installed for this parcel in anticipation of a subdivision. The Harstad family has owned this property since the early 1970's. The cost for installing the 10 utility services had been assessed to the property taxes to be paid back over many years. As with any requested variance, a public hearing is required. City staff mailed notices to all property owners within 350 feet of the Longview Estates parcel. Staff has not received any resident comments with this recent notification, but did receive two emails and a few phones calls before the Planning Commission meeting from residents who stated they were against the City granting the variance. Staff reviewed the criteria for variance approval in detail with the Council. He explained that wetland regulations were approved in 1992. The Watershed District has reviewed the proposed plans and was in favor of the present plan versus previously submitted plans. Community Development Director Roberts indicated it is staff's opinion that the applicant has met the City's hardship requirements for approving a variance, and that the applicant has satisfied the spirit and intent of Chapter 1010 by proposing a subdivision with lots all in excess of 20,000 square feet. As such, City Staff recommends that the Council approve version 2 of • Resolution 7658, approving the applicants request for a variance. Mayor Flaherty opened the public hearing at 8:08 p.m. Barb Koziak, 5173 Red Oak Drive, stated she was not in favor of the proposed development being built on the swamp. This would not be a safe place to build. She expressed concern that her basement would begin to flood if this site was built on as the development would change the water table. Dave Tillman, 5166 Longview Drive, felt the variance request was about the developer making money. He requested the Council uphold the current City Codes. Paul Harstad, representative for the developer, stated he was requesting ten lots when eight were allowed under the current wetland code. He indicated the sewer and water stubs were installed at the time Longview Drive was constructed and the expense was assessed and paid by the property owner. Mr. Harstad explained the hardship does not allow the property owner to use the 10 stubs as they are located on a property in a wetland. He assured the Council that when homes were built in this development that proper h.ydrologists and engineers would be used to ensure that the homes would be secure. Hearing no additional public input, Mayor Flaherty closed the public hearing at 8:18 p.m. • Council Member Hull questioned the reasons the Planning Commission denied the variance request. Planning Associate Heller indicated there were concerns with the wetlands and Mounds View City Council August 9, 2010 Regular Meeting Page 6 buildability of the site. The Commission did not feel the applicant met the criteria for a hardship. • In addition, all neighbors at the meeting were opposed to the variance request. Council Member Gunn expressed concern with the encroachment into the wetland on the site plan. She felt there was a great deal of wetland alteration that would have to take place to build homes on this property. Council Member Stigney stated the City requires single family lots in wetland districts to be 125 feet wide and 20,000 square feet in area. These criteria have not been met within the submitted site plan. He did not feel the hardship discussed this evening was not pertinent as what happened back in 1966 did not apply to the rules and regulations that must be applied today. Mayor Flaherty indicated development regulations today have changed since 1970. He questioned why the site was not previously developed when 15 lots were approved by the City. Mr. Harstad reviewed the detailed history of the lot stating he and the City were in litigation over another parcel that was being developed and the Longview Estates property never was developed due to the downturn in the housing market. Mayor Flaherty questioned if the water table would be disturbed with this development. Mr. Harstad indicated the placing of the foundations in this wetland district would not disrupt the water table. He explained the engineers would review this issue thoroughly before the development occurred. • Mayor Flaherty asked how the applicant would proceed if the variance were approved. Mr. Harstad indicated if the variance were approved he would forego seeking 15 lots within Longview Estates. City Administrator Ericson stated the City could require a parcel of land be dedicated to the City or that an easement be recorded to assure that no further development occurred. Mr. Harstad explained he would be in favor of a conservation easement along Silver Lake Road. Mayor Flaherty understood the property owner had the right to develop the property however, he was concerned with the density. Mr. Harstad explained the proposed lot size within a wetland district was 20,000 square feet and the proposed lots were almost 30,000 square feet. The homes would not be extremely dense within this development. He indicated the variance requested was for lot width from the 125 foot minimum requirement. Mr. Harstad explained the current plan has less wetland fill and more mitigation area, which has gained a great deal of support from the watershed district. Mayor Flaherty wanted to be assured that the City could protect the green space along Silver Lake Road. City Administrator Ericson stated this could be done added with a condition for approval. Council Member Stigney reiterated that he 125 lot width requirement was not being met within this development. He indicated he would not support the plans as submitted. • Mounds View City Council August 9, 2010 Regular Meeting Page 7 • Mayor Flaherty questioned how the developer proposed to keep the houses from sinking, as this allegedly happened to a home on an adjacent property, which could not have a basement or second story. Mr. Harstad explained the laws in place for foundations and suitable soils were quite strict. He stated soil borings were completed and areas on the east were more suitable for building. Mr. Harstad indicated he would be willing to complete new soil borings for each lot before development occurred. Council Member Gunn asked if the development would be done all at once or one home at a time. Mr. Harstad explained that one home would be built at a time due to the current housing market conditions. He indicated a11 soil and engineering work would be done at once. Mayor Flaherty requested the soil work be completed and that the site not continue looking like a construction site as Red Oak Estates does. City Administrator Ericson noted this could be made a condition for the approval process. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt of Resolution 7658, Version 2, Overturning the Mounds View Planning Commission's denial of a variance request for reduced lot widths within a wetland zoning district thereby approving the variance as requested, adding stipulations 1.) the property owner will deed a conservation easement to the City along Silver Lake Road; and 2.) all soil work will be completed at one time. . Council Member Stigney stated the application did not meet the criteria for a wetland district. Mayor Flaherty indicated he would support this development only if the green space were maintained along Silver Lake Road. City Administrator Ericson noted if the variance was approved, the applicant would have one year to act on it or the approval would expire. Ayes — 3 Nays — 1(Stigney) Motion carried. D. Resolution 7659, Approving the Purchase of a New Fuel Pump and Tank Monitor and Rescind Resolution 7651. Public Works Supervisor Peterson stated on Monday July 26, 2010, City Council approved Resolution 7651 authorizing the purchase of a new tank monitor and fuel pump from Pump and Meter Services, Inc. of Hopkins, Minnesota, for the diesel fuel tank at Public Works. On Wednesday, July 28, 2010, Staff contacted the vendor to inform them of Council direction and to arrange for the purchase of the new tank and monitor. Public Works Supervisor Peterson indicated the vendor then informed Staff that the quote he had earlier provided was for the tank monitor only, a new pump would be an additional cost. The vendor was informed that this information would need to be reviewed by the Public Works • Director before any further action would be taken due to the confusion over the quote. Staff received two quotes from qualified vendors. Minnesota Petroleum Service of Columbia Heights Mounds View City Council August 9, 2010 Regular Meeting Page 8 quote includes a used fuel pump and a new tank monitor at the cost of $6,734.09. The revised • Pump and Meter Services, Inc. quote is for a new fuel pump and tank monitor for $11,115.55. (Pump and Meter Services cannot provide a used fuel pump.) Staff recommends rescinding Resolution 7651 and further recommends the purchase of a fuel tank monitor and used fuel pump from Minnesota Petroleum 5ervice, Inc. at the quoted amount of $6,734.09 which includes sales t� and any shipping costs. Staff is also recommending that a 5% contingency be added to the quote for unknowns that may be discovered during the installation of the used fuel pump and tank monitor that would be required to complete the repair work. The 5% contingency would add $336.70 to the quoted amount for an amount not to exceed $7,070.79. MOTION/SECOND: HulUGunn. To Waive the Reading and Adopt Resolution 7659, Approving the Purchase of a Used Fuel Pump and New Tank Monitor for the Public Works Facility and Rescind Resolution 7651. Ayes — 4 Nays — 0 Motion carried. E. First Reading and Introduction of Ordinance 849, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View. Finance Director Beer stated that this item is regarding Ordinance 849, to receive an introduction • and first reading. This ordinance continues the agreement with Center Point Energy under which Center Point Energy will collect a franchise fee in the amount of 3.87°Io of Center Point's natural gas gross operating revenues for services within the City of Mounds View during the year 2011. This is a 2°Io increase over 2010's rate of 3.79°Io. Finance Director Beer indicated the ordinance will be brought back to the City Council for a public hearing, second reading and adoption at the August 23, 2010 meeting. MOTION/SECOND: Gunn/Stigney. To Waive the First Reading and Introduce Ordinance 849, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View. Ayes — 4 Nays — 0 Motion carried. F. First Reading and Introduction of Ordinance 850, an Ordinance Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations within the City of Mounds View. Finance Director Beer stated that this item is regarding Ordinance 850, to receive an introduction and first reading. This ordinance continues the agreement with Xcel Energy under which Xcel Energy will collect a franchise fee in the amount of 3.87°Io of Xcel's electric and natural gas gross operating revenues for services within the City of Mounds View during the year 2011. • This is a 2% increase over 2010's rate of 3.79%. Finance Director Beer explained the ordinance Mounds View City Council August 9, 2010 Regular Meeting Page 9 iwill be brought back to the City Council for a public hearing, second reading and adoption at the August 23, 2010 meeting. MOTION/SECOND: Stigney/Gunn. To Waive the First Reading and Introduce Ordinance 850, an Ordinance Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations within the City of Mounds View. Ayes — 4 Nays — 0 Motion carried. G. Resolution 7660, Initiating the Process to Fill the Vacant PSO Position due to the Resignation of the Current PSO. Deputy Police Chief Kinney stated that on May 3, 2010, Resolution 7605 was approved authorizing the hire of Jaren Zech to the part-time position of Public Service Officer (PSO). PSO Zech has submitted his resignation due to another employment opportunity effective August 13, 2010. The Mounds View Police Civil Service Commission maintains an active eligibility list for the PSO position that was certiiied on April 20, 2010 with three names. If the process to move forward with replacing the PSO is approved, the Commission can be convened to update the top three names on the eligibility list. Staff recommends approval be granted to begin the process to iill the PSO position from the current eligibility list maintained by the Police Civil Service Commission. • Mayor Flaherty excused himself from the meeting. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7660, Initiating the Process to Fill the Vacant PSO position due to the resignation of the current PSO. Ayes — 3 Nays — 0 Motion carried. Mayor Flaherty returned to the meeting. 8. CONSENT AGENDA A. Licenses for Approval. B. Resolution 7654, Approving Continued Participation in the Metropolitan Livable Communities Act, and Establishing New Affordable and Life-Cycle Housing Goals for the Years 2011 through 2020. C. Set a Public Hearing for Monday, August 23, 2010 at 7:05 p.m, to Consider a Conditional Use Permit for an Oversized Garage at 81915pring Lake Road. D. 5et a Public Hearing for Monday, August 23, 2010 at 7:10 p.m. to Consider Ordinance 849 Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View. E. Set a Public Hearing for Monday, August 23, 2010 at 7: 15 p.m. to Consider • Ordinance 850 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View. Mounds View City Council August 9, 2010 Regular Meeting Page 10 F. G. Resolution 7657, Approving a New Contract to Provide Section 8 Housing • Inspection Services for the Metropolitan Council for the Years 2010 through 2015. Resolution 7656, Acceptance of Office of Traffic Safety In-Car Video Camera Grant Award. MOTION/SECOND: Flaherty/Hull. To Approve the Consent Agenda as presented. 9. Ayes — 4 JUST AND CORRECT CLAIMS Nays — 0 Motion carried. Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Stigney/Hull. To Approve the Just and Correct Claims as presented. Ayes — 4 Nays — 0 Motion carried. 10. APPROVAL OF MINUTES A. June 28, 2010, City Council Meeting Minutes. MOTION/SECOND: Gunn/Stigney. To Approve the June 2$, 2010, City Council meeting minutes as presented. Ayes — 4 Nays — 0 Motion carried. B• July 12, 2010, City Council Meeting Minutes. MOTION/SECOND: HulUStigney. To Approve the July 12, 2010, City Council meeting minutes as presented. Ayes — 4 Nays — 0 Motion carried. C. July 26, 2010, City Council Meeting Minutes. MOTION/SECOND: Gunn/Hull. To Approve the 3uly 26, 2010, City Council meeting minutes as presented. Ayes — 4 Nays — 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. u • � . • Mounds View City Council August 9, 2010 Regular Meeting Page 11 Mayor Flaherty reported last week was National Night Out and the City of Mounds View had 30 different gatherings. He indicated he attended several of the events with Deputy Police Chief Kinney and thanked the residents for their hospitality. Mayor Flaherty reminded all residents to attend the Festival in the Park on August 21, 2010. B. Reports of Staff. 1. Please Announce: Primary Election, Tuesday, August 10�`, Mounds View Community Center from 7:00 a.m. to 8:00 p.m. City Administrator Ericson announced the Primary Election would be held on Tuesday, August 10`h at the Mounds View Community Center from 7:00 a.m. to 8:00 p.m. He noted a number of absentee ballots have been received. C. None. Reports of City Attorney. 12. Next Council Work Session: Tuesday, September 7, 2010, at 7:00 p.m. Next Council Meeting: Monday, August 23, 2010, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:34 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.