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HomeMy WebLinkAboutAgenda Packets - 2008/08/25CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 25, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Recognition of Jeremiah Anderson, Promotion to Chief Investigator B. Resolution of Appreciation for Michael Mickelson, SBM Fire Department C. Recognition of Mary Peloquin, editor of the 50th Anniversary Cookbook D. Presentation of Donation to Ralph Reeder Food Shelf E. Proclamation – Constitution Week September 17, 2008 to September 23, 2008. 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing: 1. First Reading of Ordinance 813 to Rezone the Properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road from R-O, Residential-Office and R-1, Single Family Residential to R-4, High Density Residential. 2. Consider Resolution 7321, a Conditional Use Permit, Development Review, and Preliminary Plat for a Senior Housing Development on Properties located at 2865 County Highway 10 and 7980 & 8020 Groveland Road. B. 7:10 pm Public Hearing, Second Reading and Adoption of Ordinance 811, an Ordinance Implementing a Franchise Fee on CenterPoint Energy Natural Gas Operations within the City of Mounds View. (ROLL CALL VOTE) C. 7:15 pm Public Hearing, Second Reading and Adoption of Ordinance 812, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View. (ROLL CALL VOTE) D. Resolution 7323, Authorizing Step Increases for Mary Springer (Receptionist) and Vanessa VanAlstine (Cable TV Coordinator), and Officer Nick Erickson (MVPD). E. Resolution 7324 Accepting a Donation from Bethlehem Baptist Church and Authorizing Disbursement of Funds as Specified. F. Resolution 7326 Authorizing an Increase of Event Center Rates for 2009. G. Resolution 7327 Approving Additional Preliminary Design Issues Regarding Red Oak Drive and Hillview Road in the 2009-2010 Street and Utility Improvement Project. H. Resolution 7328 Establishing The Appeal Parameters of the Stormwater Infiltration Program (SIP). 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, September 8, 2008 at 7:05pm, First Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a Section for Senior Housing Developments 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 28, 2008 City Council Minutes. B. August 11, 2008 Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Budget and tax levy update. C. Reports of City Attorney 12. Next Council Work Session: Tuesday, September 2, 2008 at 7pm Next Council Meeting: Monday, September 8, 2008 at 7pm. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 25, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Recognition of Jeremiah Anderson, Promotion to Chief Investigator B. Resolution of Appreciation for Michael Mickelson, SBM Fire Department C. Recognition of Mary Peloquin, editor of the 50th Anniversary Cookbook D. Presentation of Donation to Ralph Reeder Food Shelf E. Proclamation – Constitution Week September 17, 2008 to September 23, 2008. 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing: 1. First Reading of Ordinance 813 to Rezone the Properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road from R-O, Residential-Office and R-1, Single Family Residential to R-4, High Density Residential. 2. Consider Resolution 7321, a Conditional Use Permit, Development Review, and Preliminary Plat for a Senior Housing Development on Properties located at 2865 County Highway 10 and 7980 & 8020 Groveland Road. B. 7:10 pm Public Hearing, Second Reading and Adoption of Ordinance 811, an Ordinance Implementing a Franchise Fee on CenterPoint Energy Natural Gas Operations within the City of Mounds View. (ROLL CALL VOTE) C. 7:15 pm Public Hearing, Second Reading and Adoption of Ordinance 812, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View. (ROLL CALL VOTE) D. Resolution 7323, Authorizing Step Increases for Mary Springer (Receptionist) and Vanessa VanAlstine (Cable TV Coordinator), and Officer Nick Erickson (MVPD). City Council Agenda August 25, 2008 Page 2 E. Resolution 7324 Accepting a Donation from Bethlehem Baptist Church and Authorizing Disbursement of Funds as Specified. F. Resolution 7326 Authorizing an Increase of Event Center Rates for 2009. G. Resolution 7327 Approving Additional Preliminary Design Issues Regarding Red Oak Drive and Hillview Road in the 2009-2010 Street and Utility Improvement Project. H. Resolution 7328 Establishing The Appeal Parameters of the Stormwater Infiltration Program (SIP). 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, September 8, 2008 at 7:05pm, First Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a Section for Senior Housing Developments 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 28, 2008 City Council Minutes. B. August 11, 2008 Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Budget and tax levy update. C. Reports of City Attorney 12. Next Council Work Session: Tuesday, September 2, 2008 at 7pm Next Council Meeting: Monday, September 8, 2008 at 7pm. RESOLUTION NO. 7325 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution of Appreciation to Michael P. Mickelson WHEREAS, the Spring Lake Park-Blaine-Mounds View Fire Department is the largest volunteer fire department in Anoka and Ramsey Counties and second largest in the State of Minnesota; and WHEREAS, it is the privilege of Mounds View citizens to recognize the public service of Michael P. Mickelson who joined the Spring Lake Park-Blaine-Mounds View Fire Department on October 1994, as a volunteer firefighter; and WHEREAS, Michael was a key member of the Fire Department and during his tenure, served as Fire Fighter, and WHEREAS, Michael was certified at the Firefighter II level in 1977 First Responder level in1999 and WHEREAS, Firefighter Michael completed numerous specialized training courses and seminars about various areas of firefighting, including emergency response to terrorism; confined space, advanced driving and WHEREAS, during his years of service, Michael responded to more than 1419 fire calls and attended over 440 weekly drills. He received several commendations in recognition of his commitment to fire protection and the community. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View acknowledges, with sincere appreciation, the dedicated and loyal service of Fire Fighter Michael Mickelson who retired on August 5, 2008 after 12 years of service to the citizens of our City. Adopted this 25th day of August, 2008. Rob Marty, Mayor ATTEST: Council Member Stigney Council Member Flaherty Council Member Hull Councilmember Mueller James Ericson, Clerk-Administrator (seal) CITY OF MOUNDS VIEW OFFICE OF THE MAYOR PROCLAMATION WHEREAS: September 17, 2008, marks the two hundred twenty-first anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS: It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS: Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE I, Mayor Rob Marty by virtue of the authority vested in me as Mayor of the City of Mounds View do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. Given under my hand and Seal of the City of Mounds View, this 25th day of August, 2008. Rob Marty, Mayor (seal) Item No:7A Meeting Date: August 25, 2008 Type of Business: Public Hearing City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Review and Consideration of a Rezoning, Development Review, Major Subdivision, and Conditional Use Permit for the proposed “Select Senior Living” Senior Housing Development; Planning Cases DE2008-005, MA2008-003, ZC2008-001, CU2008-001 Introduction: Select Senior Living, represented by Joel Larson, has submitted a planning application for a 96- unit senior housing development on three lots at the northwest corner of County Highway 10 and Groveland Road. The building would have 32 independent living units, 19 memory care units and 45 assisted living units. The developer/applicant has purchase agreements to buy the properties. This proposal involves four planning actions for the City Council to take action on, including: 1. Rezone three properties from R-1 Single Family and R-O Residential/Office to R-4 High Density Residential 2. Major Subdivision to combine three lots into one parcel (Preliminary Plat and Final Plat) 3. Conditional Use Permit to allow senior congregate living in an R-4 zoning district 4. Development Review of the overall site plan Background: The project area is made up of three parcels that equal about 2.38 acres with street frontage and access both onto County Highway 10 and Groveland Road. The area is mostly single family residential homes, although the properties adjacent to the west and north are currently vacant and Steve’s Appliance is across Groveland Road to the east. REZONING DISCUSSION: The applicant is requesting a rezoning of the properties located at 2865 County Highway 10 and 7980 and 8020 Groveland Road to R-4, High Density Residential, to allow for a 96-unit senior housing development. The development site is presently zoned R-1, Single Family Residential and R-O, Residential/Office. The Comprehensive Plan Future Land Use Map indicates that this site is within a mixed use planned unit development area. Such a designation is intended to allow for some flexibility in redevelopment however with an anticipation that there be a component of both housing and commercial on the site and be master planned for a comprehensive, integrated development looking beyond the project boundaries. Since this proposal would not be on a three- acre site, the applicant could not use the PUD designation. The city rezones properties by ordinance. After Council approval, the ordinance goes into effect 30 days after the City publishes the ordinance in the newspaper. Select Senior Living Staff Report August 25, 2008 Page 2 Presently: The development site has an area of 2.38 acres, is located on County Road 10 and Groveland Road and currently has mixed zoning designations. The property at 2865 County Highway 10 is zoned R-O, Residential/Office and is currently being used as a single family home. 7980 and 8020 Groveland Road are both currently zoned R-1, Single Family Residential with a house on each lot. Select Senior Living is requesting a rezoning of the identified parcels to an R-4, High Density Residential designation. The R-4 zoning designation would permit single family dwellings, twinhomes and townhomes up to 8 units. Senior congregate housing, schools, churches, day care centers and other multiple family developments require City Council approval of a conditional use permit (CUP) in an R-4 district. Rezoning Criteria: Chapter 1125 of the Mounds View Zoning Code addresses rezoning requests. The procedure and conditions of approval are the same as for conditional use permits, which means the Planning Commission and City Council are to consider possible and potential adverse effects of the requested rezoning. The Planning Commission shall make a finding of fact and make a recommendation to the City Council based upon the review of potential adverse effects and the findings of fact. Relationship to the Comprehensive Plan According to the Comprehensive Plan, the city has designated the site as a mixed-use planned unit development. This is defined as land containing a building or buildings with significant amounts of residential uses in combination with commercial and/or office uses. Sites with this designation could be developed as planned unit developments (PUDs) to allow flexibility, but not all development areas will meet the minimum size criteria. As I noted above, this is the case with this proposal. One of the key components of the Comprehensive Plan, the Housing Element, is geared toward maintaining and improving the quality and diversity of the existing housing stock and providing infill housing opportunities where both possible and practical. The proposed rezoning would help promote a greater diversity of housing choices in the city, as it would help allow the applicant’s requested senior housing development proposal. Geographical Area The subject area proposed for redevelopment currently consists of three single family homes, (one formerly also operated a trailer hitch business on the property). Adjacent to the west and north are two vacant parcels zoned B-3 and R-1, which are also expected to be redeveloped. The properties to the northeast of the subject parcels are zoned R-1, single family residential, and are developed as such. Properties on County Highway 10 tend to be developed to a greater intensity, whether commercial or residential, than in other parts of the city. Directly east of the project area across Groveland Road is Steve’s Appliance, zoned B-3, and south of the project area across County Highway 10 are two townhome developments. Depreciation The question of depreciation is a difficult one to answer with any quantifiable certainty. Most studies that examine property value impacts of development generally find little correlation between a well designed and constructed project and subsequent property values. While property values may not depreciate as a result of the development, one can argue that quality of life for the existing residents that would be adjacent to the project could be negatively impacted. From the Select Senior Living Staff Report August 25, 2008 Page 3 perspective of tax base and market values, the rezoning would promote a substantial increase in market value at the site, increasing from the present approximate valuation of $533,000 to an estimated $12 million. Demonstrated Need for Such a Use The applicant desires to rezone the property to allow for senior housing. This type of housing is under-represented in the City’s housing demographic, and is becoming in high demand state-wide. The primary housing option now in the City is single family detached with higher-density rental housing and manufactured homes second and third respectively. There are currently three senior housing buildings in Mounds View, but none offer assisted living or memory care units. The requested rezoning to R-4, high density residential, would not be out of character for the County Road 10 corridor and would not be inconsistent with the Comprehensive Plan. The city has anticipated a mix of housing and commercial / office development in this area. The proposed development that would be permitted via the requested rezoning would increase the market value of the subject area from $533,000 to over $12 million. While enhanced market value is desirable, the Council needs to determine if the potential density allowed by the proposed change would be too intensive for the subject area. It is the belief of the applicant that this type of housing is in demand and that it would be a positive addition to the City’s housing stock. MAJOR SUBDIVISON DISCUSSION (Preliminary Plat Review): Select Senior Living has submitted an application for a major subdivision of three parcels on the northwest corner of County Highway 10 and Groveland Road. The proposed 2.38 acre subdivision would replat the three lots into one parcel. Comprehensive Plan: The Comprehensive Plan Future Land Use Map designates the block on the north side of County Road 10, between Spring Lake Road and Groveland Road as Mixed Use Planned Unit Development, intending for a combination of housing and commercial uses. Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. The dedication imposed is intended to mitigate public costs to the parks system associated with land development. The fee shall be reasonable and based on the extent of the development. Due to the increased intensity of the new development by adding 96 new residential units (although the actual increase in park usage by these residents would more than likely be minimal), the recommended fee amount would be equal to 10% of the market value of the land. To establish the market value, staff uses Ramsey County determined land values as the basis for dedication computation. The development area comprises 110,206 square feet (2.38 acres) with an average per square foot value of $2.92, making the 2008 total land value $321,500. A 10% dedication amount would then be $32,150. The City Council should make the final determination on the fee amount. Section 1204.02, Subd. 6 of the Mounds View City Code allows the applicant the right to appeal the dedication fee. Select Senior Living Staff Report August 25, 2008 Page 4 Easements: The standard city required easements along the property lines are included on the site plan and will be dedicated by plat. Major Subdivision Summary: The preliminary plat and title commitments are going through a legal review by the City Attorney. The park dedication fees and County Highway trail contribution amount will be required before the City signs the final plat for recording with Ramsey County. This major subdivision request meets City Code requirements. CONDITIONAL USE PERMIT DISCUSSION: A CUP is required in order for a nursing home or other senior congregate housing to be allowed in an R-4 zoning district. Chapter 1125 of the Zoning Code requires that the Planning Commission and City Council review and address any potential adverse effects of such a request including, but not limited to, relationship with the Comprehensive Plan, geographical area involved, the character of the surrounding area, potential depreciation, and the demonstrated need for such a use. Each of these potential adverse effects is listed below. Relationship with the Comprehensive Plan The Comprehensive Plan Future Land Use Map designates the block on the north side of County Road 10, between Spring Lake Road and Groveland Road as Mixed Use Planned Unit Development, intending for a combination of housing and commercial uses. The proposed development would be consistent with that designation and also with the residential goals and policies as articulated in the Land Use element of the Comprehensive Plan. Character of the Surrounding Area The project area is located on County Highway 10, the City’s primary commercial corridor. Within two blocks of the site, one can find a variety of commercial and residential uses. The residential uses include single family residential, owner-occupied townhomes and multi-family rental dwellings. There are three adjacent lots to the site that are also anticipated to be redeveloped. Depreciation This new development would substantially increase the value of the subject property. The question of depreciation will be more about the quality of life for the existing residents that would be adjacent to the project. The Demonstrated Need for Such a Use The applicant feels this type of housing is in demand in Mounds View and would be a positive addition to the City’s housing stock. Select Senior Living Staff Report August 25, 2008 Page 5 DEVELOPMENT REVIEW DISCUSSION: Chapter 1006 of the Mounds View City Code requires that any new development project larger than one or two family dwelling units must obtain approval of a development review. The purpose of a development review is to allow the Planning Commission and City Council to evaluate proposed development in terms of its consistency with City Codes and other requirements and to ascertain and mitigate any potential impacts to the adjoining properties and the community as a whole. The Planning Commission makes a recommendation to the City Council, which then acts upon the request. Parking: The parking requirements for this project are twofold: the independent living units will follow the multiple-family requirement of 2 ½ stalls per unit, with 1 stall being covered parking; and the assisted living and memory care units will require 1 stall for every 3 beds, plus 1 staff for every staff member on the largest shift. The Planning Commission has approved a variance to allow for 27 less parking spaces than the codes requires, and allow for an additional 9 stalls off of Groveland Road to be shown as “proof of parking” rather than be constructed. This would allow the space to be left as green space now, but if the city should determine later that these parking spaces are needed, the developer would be required to construct them. The applicant is confident that the proposed parking is an amount that they feel is more than adequate for the needs of their residents, staff and visitors. Setbacks: The proposed development meets the required building setbacks of 30 feet for the front yard, 40 feet for side yards, and 50 feet for the rear. All parking areas meet the required five foot setbacks. A variance was approved to allow a two foot roof overhang encroachment and the small section of the structure that goes four and six feet into the building setback. Access and fire prevention: There is access in and out of the development both onto County Highway 10 and Groveland Road, although the primary access will be onto County Highway 10. There are no public or private roads in this development. The rear driveway area has an extension towards the building in order to meet fire access requirements. This 20 foot access drive width is acceptable to the Fire Marshall, and there is one existing fire hydrant located on the site. Sprinkler systems are required for the entire building per state code. Building Design and Materials: The plans indicate that the building will be three-stories with an underground garage. The building elevations show a mix of siding styles with stone and/or brick accents on the exterior of the buildings. The main front entrance which faces County Highway 10 has a circular drive and a dramatic design with curving stone turrets on either side of the front door. The applicant noted the Planning Commission’s earlier comments about the look of the building and took care to design the building with a strong residential feel. It features design elements such as balconies and varying roof lines that break up the large building so it would appear so imposing. Select Senior Living Staff Report August 25, 2008 Page 6 Snow Storage: All snow plowed during the winter must either be removed or stored onsite, and in such a way as to not effect adjoining property owners. If the plowed snow reduces parking on the site, or detracts from the general appearance of the site, the property owner will be responsible for off-site snow removal. Landscaping Plan: This site has quite a bit of tree coverage, but the majority of the area will be cleared for grading and construction. The applicant plans to save some of the larger trees along Groveland Road and in the northwest corner. The proposed landscaping plan includes vegetation around the entire site and walking trails, and an irrigation system, along with a six-foot wood privacy fence along the three northeast sides in order to offer some additional screening for the three neighboring homes. The entire site will be sodded and landscaped after construction is completed. The Forester is satisfied with the submitted landscape plan. Signage: According to Chapter 1008 of the City Code, this development is permitted a maximum 32 square feet of ground monument signage (excluding the sign base) plus an additional 64 square feet of building mounted signage. Staff will review all signage permits to ensure consistency with the City Code relating to signage. Lighting: The lighting plan submitted meets the city code requirements regarding glare, light spillage and foot-candle readings. Local Water Management Plan: This planning document guides the City in regards to drainage and storm water management. The development area is located in two watersheds; AA-5 and SL-1 (primarily). The minimum recommended building elevation for the AA-5 sub-watershed is 904.0 feet, while the SL-1 sub- watershed does not have a recommended building elevation. The basement/underground garage floor elevation will be at 906.4, well above the minimum. Public Works and the city’s engineering consultant, Bonestroo, are currently reviewing the plans. Stormwater Drainage Plan: The grading plan illustrates the proposed grading, drainage and erosion control for the development. The parking areas will have curb and gutter, and the developer is opting to use underground stormwater storage rather than adding ponds. This will allow more of the existing trees to be saved. All of the runoff generated from the development will be contained within the site. The applicant will be responsible for receiving approval from RCWD for this development. Wetlands: There are no wetlands for this development area. Utilities: All utilities on the site would need to be installed underground, per Section 1203.10. Water and sanitary sewer lines are already present in the right of way. The plans show the storm sewer piping that would be constructed on the site, along with one existing fire hydrant. The utilities would be installed and paid for by the developer. Select Senior Living Staff Report August 25, 2008 Page 7 Trails: For all new development along County Highway 10, the City requires the property owner/developer to contribute funds for the future trail system. The Council should determine the appropriate contribution amount. This development area has 402 feet of County Highway 10 frontage. Staff recommended the amount of $20 per linear foot of County Highway 10 frontage for the Integra Homes townhome development. The trail contribution would be $8,040 if using this amount. Development Review Summary: With the zoning change, the proposed high density residential use on these parcels would be consistent with the City’s Comprehensive Plan, and would bring new development and tax base to the site. The traffic impact to the area should not be overly excessive even with the high number of residential units since many of the residents do not drive. The majority of the new additional traffic will only be onto County Highway 10. The city will need to execute a development agreement with the applicant to ensure all of the specific requirements and conditions of development are satisfied and adhered to. PLANNING REQUEST SUMMARY Public Notice: Public hearing notices were mailed to all property owners within 350 feet of the property, and the notice was published in the August 13, 2008 Bulletin newspaper. Deadline for Action: This application was accepted on July 17, 2008 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is September 15, 2008 unless the city exercises its option to extend the timeline for another 60 days. Planning Commission Actions: On August 6, 2008, the Planning Commission recommended approval (6-0, Meehlhause absent) of resolutions to rezone the three properties, and for the conditional use permit, preliminary plat and development review. On August 20, 2008, the Planning Commission approved (6-0, Meehlhause absent) a resolution for variances to allow reduced parking, increased site density, reduced unit sizes and to allow an increased roof overhang and a reduced building setback. Select Senior Living Staff Report August 25, 2008 Page 8 Recommendation: After taking testimony from staff and the applicant, and holding the public hearing, the Council may take the following actions related to the request: 1. Hold the first reading of Ordinance 813 for Rezoning, and approve Resolution 7321 for a CUP, Preliminary Plat, and Development Review as requested. 2. Deny any of the requested actions for rezoning, preliminary plat, conditional use permit, and development review. The Council should direct staff to draft a resolution of denial with findings appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Staff would need to request an additional 60 days from the applicant. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Comprehensive Plan Future Land Use Map 4. Narrative from the applicant 5. Preliminary Plat 6. Site Plans 7. Planning Commission Resolutions a. 891-08 Rezoning b. 892-08 Variances c. 893-08 CUP, Preliminary Plat and Development Review 8. City Council Ordinance 813 to rezone the 3 properties 9. City Council Resolution 7321 – CUP, Preliminary Plat and Development Review Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential Aerial View Comp Plan Future Land Use Map Project area is designated as “Mixed Use PUD” Narrative from applicant SELECT SENIOR LIVING 7/18/2008 Mounds View, Minnesota Select Senior Living in Mounds View is a three story 96 unit senior living campus with independent living units, assisted living units, and memory care units. The residents will be senior citizens age 55 years and older with an average age of 82 years old whom will enjoy scheduled daily activities, and scheduled bus service to local shopping, attractions, and activities. The building consists of 32 independent living units, 19 memory care units, 45 assisted living units, a parking garage located beneath the building, two elevators, central trash chute, and many amenities. Visible from Highway 10, the building’s inviting grand entrance porch and circle drive drop-off are designed to draw residents and guests into the building with its’ comfortable apartments and many amenities. The porch’s brilliant colonnade is flanked by two curving architectural forms that welcome the residences and guests entrance into the grand two story lobby. The building’s architecture with its hipped roofs, and exterior finish materials, such as brick veneer, lap siding, trim, dramatic overhangs, balconies, and bay windows sharpens the building’s residential flare in respect to the surrounding neighborhood and community. The 2.38 acre site offers two parking areas, large green areas with new landscaping and many existing mature trees, and paved walking trails. There are a total of 85 parking spaces provided, which consists of 38 open spaces on the surface and 47 spaces in the heated garage. In an effort to preserve as many of the mature trees as possible, an underground storage/treatment facility for rate and volume control of storm water is proposed. The underground system will allow more of the existing mature trees to be saved which would otherwise need to be removed to accommodate required areas for ponding. The soils on the site are classified as well draining silty sands, which have good infiltration rates and the ability for the designed system to exceed the standards of the watershed. The additional cost of the underground system is offset by the preservation of the mature tress, which in turn requires less to be spent on new landscaping. The shared amenities are located in the central core area, which is located in the middle of the building between the independent living units and the memory care/assisted living units. On the main floor, residents and guests are greeted by a luxurious two-story lobby, a stone fireplace, a grand stair case, an intimate café, and sitting areas with the comfortable cozy atmosphere of a living room. The mail room, management office, nurses’ office, and public restrooms are centrally located off of the lobby as are the central dining room and kitchen. Other shared amenities include an activity room with a small kitchen area and a public restroom, a media center, the activity director’s office, overnight guest rooms, and a craft room on the second floor; and a sports pub on the third floor. In addition to the heated parking, the parking level features a fitness center, an employee break room, and support spaces for the building. The two wings offer different levels of care for the residents. The 19 memory care apartments are located on the secured main floor of the north wing, and have their own private living/dining area and kitchenette as well as a private bathing room, a community laundry and a private fenced yard. There are 13 studio and 6 one bedroom apartments within the secure memory care portion of the Narrative from applicant – Page 2 building. The second and third floors in the north wing contain 27 studio and 18 one bedroom assisted living apartments. Each floor of the assisted living area is also provided with a private bathing room and a laundry room. The south wing contains 1 studio, 19 one bedroom, 6 one bedroom with den, and 6 two bedroom independent living apartments. In addition to the shared laundry rooms provided on each floor of the independent living wing, each unit will have its’ own laundry. To construct the project as it has been designed, four variances are required. First, a variance for the number of units (density) on the site is requested. The slightly smaller apartments, the number of studio units, the reduced overall number of parking spaces, and the number of parking spaces in the garage permits more units to be built on the site, and when there are more units, it more cost effective to provide more amenities. Second, a variance for a reduction in the number of parking spaces required is requested. The design provides 85 parking spaces broken down as follows: 38 surface parking spaces and 47 garage parking spaces. This number of parking spaces required was calculated by allowing one space for each of the independent living residents for a total of 33 spaces, one space for every two assisted living residents for a total of 22 spaces, no parking spaces for the memory care residents, 15 spaces for employees, and 15 spaces for guests. The number of parking spaces provided was determined based on the number of spaces provided at existing facilities, where parking areas are lightly used. A large number of seniors in these buildings do not or cannot drive; therefore the number of parking spaces required by the ordinance is unnecessary. In addition, the reduced number of parking spaces allows for more open green space, which is superior to large parking areas which go unused. Third, a variance for the minimum size of some of the units is requested. There are one bedroom units, which are slightly smaller in the assisted living and memory care wing of the building. The units are smaller because the residents are down sizing as they move into a building with many amenities, social activities, and central dining with meals and snacks provided. Other conveniences include house keeping services, an open kitchen and drink fountain, a weekly change of bedding, and laundry services. Fourth, for a portion of the buildings, a variance for a four foot encroachment of the roof overhang into the building setback, which is two feet more than what is allowed by the ordinance is requested. The overhang has been designed to be four feet, which enhances the aesthetic quality of the architecture, and offers a more linear and grand feel to the design. MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 891-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE REZONING REQUEST TO R-4, HIGH DENSITY RESIDENTIAL, AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD; PLANNING CASE ZC2008-001 WHEREAS, the applicant, Select Senior Living, has applied for a rezoning request for the properties at 2865 County Highway 10 from R-O and 7980 & 8020 Groveland Road from R-1 to R-4, High Density residential to construct a 96 unit senior housing building. The properties are legally described as: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30-23-31-0028) WHEREAS, 2865 County Highway 10 is currently zoned at R-O, Residential/Office, and 7980 and 8020 Groveland Road are currently zoned R-1, Single Family Residential; and, WHEREAS, the Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial View 3. Narrative from Applicant 4. Proposed Site Plan 5. Staff Report WHEREAS, the Mounds View Planning Commission has reviewed Chapters 1108 and 1125 of the Mounds View Zoning Code pertaining to the R-4 zoning district and rezoning process, respectively; and, WHEREAS, the Mounds View Planning Commission has reviewed the future land use component of the Comprehensive Plan relative to this request; and, Resolution 891-08 Page 2 WHEREAS, The Mounds View Planning Commission has reviewed the site plans associated with this request. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following findings about the possible adverse effects of this proposed rezoning request as required by the Mounds View Zoning Code: 1. The current zoning of the lots is R-1, Single Family Residential and R-O, Residential/Office. The requested zoning of the lots is R-4, High Density Residential. 2. According to the Comprehensive Plan, the parcels proposed to be included in the rezoning are designated Mixed-Use PUD on the Future Land Use map. The proposed rezoning would be consistent with the anticipated future land use for this area. 3. The rezoning and the proposed development plan for senior housing should not adversely affect adjacent property owners and would not be out of place on the County Highway 10 corridor, the City’s most intensely developed thoroughfare. 4. The proposed rezoning to allow for an independent living, assisted living and memory care senior housing development would help satisfy an under-represented housing choice in the City. NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings, the information and documents about the proposed rezoning, the report drafted by staff and the testimony of the applicant, and in consideration of any public testimony, the Planning Commission does hereby recommend APPROVAL of the rezoning request made by Select Senior Living. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of August, 2008. _________________________________________ Gary Stevenson, Chairperson Attest: _________________________________________ Kenneth Roberts, Community Development Director (Seal) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 893-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF THE “SELECT SENIOR LIVING” CONDITIONAL USE PERMIT, DEVELOPMENT REVIEW, AND PRELIMINARY PLAT FOR THE PROPERTIES AT 2865 COUNTY HIGHWAY 10, AND 7980 & 8020 GROVELAND ROAD, MOUNDS VIEW PLANNING CASE NUMBERS: DE2008-001, MA2008-001 AND CU2008-001 WHEREAS, Select Senior Living has requested approval of a conditional use permit, development review, and preliminary plat for the “Select Senior Living” 96 unit senior housing development on land located north of County Highway 10 legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30-23-31-0028) WHEREAS, The applicant has requested to rezone the above described lands to R-4, High Density Residential and are designated as Mixed-Use on the Comprehensive Plan; and, WHEREAS, Select Senior Living has requested approval of a conditional use permit to allow a 96-unit senior congregate living facility in an R-4 zoning district; and, WHEREAS, Select Senior Living has submitted site plans for a development review for a 96-unit senior housing development that includes independent living, assisted living and memory care; and, Resolution 893-08 Page 2 WHEREAS, Select Senior Living has submitted a preliminary plat for the major subdivision that would combine the existing three lots into one parcel; and, WHEREAS, the community development staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and meets the county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee, the amount for which has not yet been determined; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a County Highway 10 Trailway contribution based on the 402 feet of road frontage in the project area, the amount for which the city has not yet determined; and, WHEREAS, the proposed subdivision is NOT within a Wetland District; and, WHEREAS, the development review and preliminary plat have been reviewed by the City, and is subject to the applicant or developer receiving permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, and Ramsey County; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial View 3. Site Plans – including grading, landscaping and lighting 4. Preliminary Plat 5. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages a variety of housing choices for Mounds View. 2. The senior housing should not be out of place given that it will be on County Highway 10 where higher intensity uses are guided to, and the character of the surrounding area involved is a mixture of housing and commercial uses. 3. The senior housing development should not depreciate the surrounding area. 4. The applicant has sufficiently demonstrated that a need exists for the proposed senior housing development. Resolution 893-08 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Development Review submitted by Select Senior Living 96-unit facility subject to the following conditions: 1. Select Senior Living shall enter into various agreements with the City including (but not limited to) a Developers Agreement. 2. Select Senior Living shall obtain permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, Ramsey County, and the City of Mounds View before starting construction. 3. All utilities within the development area shall be located underground. 4. No snow storage shall be allowed on site that would reduce the number of parking stalls or drive aisle widths, or extend beyond the property lines. 5. Revise the site plan to show a proof of parking instead of constructing the 9-stalls on the northeast side of the development. 6. Revise the building plan to remove the two decks on the third floor on the northeast side of the building. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary plat submitted by Select Senior Living subject to the following conditions: 1. Select Senior Living shall pay a park dedication fee and a County Highway 10 Trailway contribution in an amount that the city will determine. 2. Select Senior Living shall submit a Final Plat no later than 6 months after the date of City Council approval or the Preliminary Plat approval will become null and void. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of August, 2008. _________________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Kenneth Roberts Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 892-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING VARIANCES TO ALLOW FOR INCREASED SITE DENSITY, REDUCED UNIT SIZES, REDUCED NUMBER OF PARKING SPACES AND TO ALLOW ROOF OVERHANG AND BUILDING SETBACK ENCROACHMENTS AT THE SELECT SENIOR LIVING DEVELOPMENT TO BE LOCATED AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD; MOUNDS VIEW PLANNING CASE VR2008-005 WHEREAS, the applicant, Select Senior Living, has applied for the following variances for a new 96-unit senior housing development to be located at 2865 County Highway 10 and 7980 & 8020 Groveland Road: 1. Increased Site Density, 2. Reduced minimum unit sizes, 3. Reduced number of parking spaces, 4. To allow a two foot roof overhang encroachment and a 4-6 foot structure encroachment into the building setback, WHEREAS, the applicant has requested to rezone 2865 County Highway 10 and 7980 & 8020 Groveland Road to R-4, High Density Residential, and are legally described as: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street or alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30- 23-31-0028) WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires multiple family developments to have a minimum lot area per dwelling unit of 2,500 square feet; and, WHEREAS, the applicant has submitted a senior housing development proposal with a lot area per dwelling unit of 1,148 square feet, due to the smaller unit sizes; and, Resolution 892-08 Page 2 WHEREAS, Section 1104.02 of the Mounds View Zoning Code requires one bedroom multiple family units have a minimum floor area of 630 square feet and two bedroom units to have a minimum of 750 square feet; and, WHEREAS, the applicant is requesting approval for studio and one bedroom units that have floor areas of 432 to 716 square feet; and, WHEREAS, Section 1121.13 of the Mounds View Zoning Code requires multiple family properties (independent living units) to provide 2 ½ parking spaces per unit and the assisted living and memory care provide 1 space for every 3 beds plus 1 space for every staff member on the largest shift; and, WHEREAS, the Mounds View Zoning Code would require this development to provide 112 total parking stalls and the applicant is requesting a variance to provide 27 fewer stalls than required by the zoning code - 76 constructed parking stalls and 9 proof of parking stalls, which the City of Mounds View may require the applicant to construct at any time the City determines they are necessary; and, WHEREAS, Section 1104.01 of the Mounds View Zoning Code allows for up to a two foot encroachment for roof overhangs, and Section 1109.04 states that the side yard building setback for R-4 zoned senior congregate living is 40 feet, which is double the normal R-4 minimum side setback requirement; and, WHEREAS, the applicant has designed a three story residential style senior housing building with hipped roofs that have a four foot overhang that would encroach two feet into the building setback on the west and east sides of the north wing, and a small section of the building footprint that would extend four and six feet into the large building setback; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents about this proposal: 1. Zoning Map 2. Proposed Site Plans 3. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, a public hearing was held Wednesday, August 20, 2008, about this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, all of which must be satisfied, in order for the city to grant a variance to the Zoning Code. Resolution 892-08 Page 3 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The property is proposed to be zoned R-4, High Density Residential. 2. The extraordinary circumstances surrounding this property are the unique lot size and shape and the type of housing. The city code does not clearly accommodate the proposed housing. The side yard building setback for senior housing is double what is required of any other multiple family housing developments. 3. Granting the variances would not confer upon the applicant a special privilege in that all property owners are able to apply for a variance to improve the function or appearance of their property. Denying the requests would limit the applicant’s ability to redevelop the property. 4. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. The city has not yet addressed in the city code some of the unique characteristics of assisted living and memory care housing, that made it difficult for the applicant to avoid needing variances. 5. The applicant believes that permitting the property to have the requested increased density, reduced unit sizes, reduced parking and encroach into the building setbacks is the minimum variance, as it allows for a well designed project with new housing options for Mounds View residents and fits the architectural characteristics of a residential neighborhood. 6. Granting these variances would not be materially detrimental to the purpose of the Code since the city is in the process of amending the code to address most of these issues. 7. The proposed variance would not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above identified finding of facts, does hereby approve the variances requested to increase the site density, reduce the minimum unit sizes, reduce the total number of parking spaces to 76 constructed and 9 proof of parking stalls from the required 112 spaces, and allow a two foot roof overhang to encroach and a four to six foot structure encroachment into the building setbacks for the proposed 96-unit Select Senior Living development located at 2865 County Highway 10 and 7980 & 8020 Groveland Road. Resolution 892-08 Page 4 Adopted this 20th day of August, 2008. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Kenneth Roberts Community Development Director (SEAL) ORDINANCE 813 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING A REZONING OF 2.38 ACRES OF LAND AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD TO R-4, HIGH DENSITY RESIDENTIAL THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby amended to include reference to the following Ordinance 813. Subdivision 1. Purpose. The Mounds View City Council has determined that to further economic development and organized land use controls that the present zoning classification of certain parcels should be reclassified to allow for a comprehensive redevelopment of the identified parcels consistent with the Mounds View Comprehensive Plan. Subdivision 2. The Mounds View City Council has determined that there would be no adverse effects to adjoining properties resulting from the rezoning and that the rezoning would not be detrimental to the community at large. Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning and directs that the City’s official Zoning Map and the zoning classification for the following described parcel be amended as follows: Parcel Address Existing Zoning Designation New Zoning Designation 2865 County Highway 10 R-O R-4 7980 Groveland Road R-1 R-4 8020 Groveland Road R-1 R-4 and as shown on the map attached Exhibit A. Ordinance 813 Page 2 SECTION 2. This ordinance is effective thirty days after its publication. First read and introduction by the City Council of the City of Mounds View this 25th day of August, 2008. Second reading and adoption by the City Council of the City of Mounds View on this 22nd day of September, 2008. _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ James Ericson, Clerk - Administrator (SEAL) APPROVED AS TO FORM: _______________________ Scott Riggs, City Attorney Exhibit A. Area to be rezoned to R-4, High Density Residential RESOLUTION NO. 7321 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT, DEVELOPMENT REVIEW, AND PRELIMINARY PLAT FOR THE “SELECT SENIOR LIVING” HOUSING DEVELOPMENT LOCATED AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD, MOUNDS VIEW PLANNING CASE NUMBERS: DE2008-001, MA2008-001 AND CU2008-001 WHEREAS, Select Senior Living has requested approval of a conditional use permit, development review, and preliminary plat for the “Select Senior Living” 96 unit senior housing development on land located north of County Highway 10 legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 06-30-23-31-0030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 06-30-23-31-0029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 06-30-23-31-0028) WHEREAS, The applicant has requested to rezone the above described lands to R-4, High Density Residential and are designated as Mixed-Use on the Comprehensive Plan; and, WHEREAS, Select Senior Living has requested approval of a conditional use permit to allow a 96-unit senior congregate living facility in an R-4 zoning district; and, WHEREAS, Select Senior Living has submitted site plans for a development review for a 96-unit senior housing development that includes independent living, assisted living and memory care; and, Resolution 7321 Page 2 WHEREAS, Select Senior Living has submitted a preliminary plat for the major subdivision that would combine the existing three lots into one parcel; and, WHEREAS, the community development staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and meets the county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee of $32,150; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a County Highway 10 Trailway contribution based on the 402 feet of road frontage in the project area, the amount of $8,040; and, WHEREAS, the proposed subdivision is NOT within a Wetland District; and, WHEREAS, the development review and preliminary plat have been reviewed by the City, and is subject to the applicant or developer receiving permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, and Ramsey County; and, WHEREAS, the Mounds View City Council has reviewed the following documents about this proposal: 1. Zoning Map 2. Aerial View 3. Site Plans – including grading, landscaping and lighting 4. Preliminary Plat 5. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages a variety of housing choices for Mounds View. 2. The senior housing should not be out of place given that it will be on County Highway 10 where higher intensity uses are guided to, and the character of the surrounding area involved is a mixture of housing and commercial uses. 3. The senior housing development should not depreciate the surrounding area. 4. The applicant has demonstrated there is a need for the proposed senior housing development. Resolution 7321 Page 3 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the Development Review submitted by Select Senior Living 96-unit facility subject to the following conditions: 1. Select Senior Living shall enter into various agreements with the City including (but not limited to) a Developers Agreement. 2. Select Senior Living shall obtain permits from Rice Creek Watershed District, Metropolitan Council Environmental Services, MN Department of Health, MN Pollution Control Agency, Ramsey County, and the City of Mounds View before starting construction. 3. All utilities within the development area shall be located underground. 4. No snow storage shall be allowed on site that would reduce the number of parking stalls or drive aisle widths, or extend beyond the property lines. 5. Commercial traffic (e.g. deliveries or services) to this senior housing facility shall only occur between the hours of 6am and 6pm. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the preliminary plat submitted by Select Senior Living subject to the following conditions: 1. The applicant shall satisfy the requirements of the City Attorney as described on the plat opinion. 2. The applicant shall satisfy the requirements of the city’s engineering consultant, Bonestroo, as described in their Preliminary Site Development Plan Review. 3. The applicant shall satisfy all Ramsey County requirements. 4. The applicant shall pay a park dedication fee of $32,150 and a County Highway 10 Trailway contribution in the amount of $8,040. 5. The applicant shall submit a Final Plat no later than 6 months after the date of City Council approval or the Preliminary Plat approval will become null and void. Resolution 7321 Page 4 Adopted this 25th day of August, 2008. _________________________________________ Rob Marty, Mayor ATTEST: _________________________________________ James Ericson, Clerk - Administrator (SEAL) Item No. 7.B. Meeting Date: August 25, 2008 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 811, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive a second reading and adoption. A notice of the Public Hearing was published in the August 13, 2008 edition of the New Brighton-Mounds View Bulletin. This ordinance continues the agreement with Center Point Energy under which Center Point Energy will collect a franchise fee in the amount of 4% of Center Point’s natural gas gross operating revenues for services within the City of Mounds View during the year 2009. Ordinance 625 passed on June 28, 1999 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Center Point’s gross operating revenues at any time through July 1, 2019. The franchise fee was first collected in 2001. It has been the practice to include a sunset provision in the ordinance requiring it to be re- enacted each year. The Council may want to consider extending this period as the franchise fee has become an integral part of financing street improvements. Franchise fees collected under this agreement are minimal due to Center Point Energy’s small customer base within the City of Mounds View. Enactment of the ordinance is important to maintain equity in relation to the City’s treatment of Xcel Energy. This is a roll-call vote and staff has included an ordinance summary for Council consideration. If adopted the ordinance will be published in the Bulletin and take effect 30 days after publication. Respectfully Submitted, Mark Beer ORDINANCE NO. 811 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Center Point Energy (formerly Reliant, formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Center Point Energy under its natural gas Franchise Agreements in the amount of four (4.0) percent of Center Point Energy’s gross revenues, as defined in Section 4.1 of the Franchise Agreements commencing with Center Point Energy’s January 2009 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Center Point Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Center Point Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Center Point Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2009. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 11th day of August, 2008. Read and passed by the City Council of the city of Mounds View this 25th day of August, 2008. Publication Date: Wednesday September 3, 2008. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Jim Ericson, City Clerk-Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 811 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON CENTER POINT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW On August 25, 2008, the Mounds View City Council adopted an ordinance which implements a franchise fee on Center Point Energy natural gas operations within the City of Mounds View for the year 2009. A copy of Ordinance 811 is on file and available for public viewing at the office of the Clerk- Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Clerk-Administrator Item No. 7.C. Meeting Date: August 25, 2008 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance 812, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View Attached is an ordinance to receive a second reading and adoption. A notice of the Public Hearing was published in the August 13, 2008 edition of the New Brighton- Mounds View Bulletin. This ordinance continues the agreement with Xcel Energy under which Xcel Energy will collect a franchise fee in the amount of 4% of Xcel’s electric and natural gas gross operating revenues for services within the City of Mounds View during the year 2009. Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Xcel’s gross operating revenues at any time during the 20-year term of the franchise. The 20-year term runs from 1993 through 2012 and the franchise fee was first collected in 1993. It has been the practice to include a sunset provision in the ordinance that requires it to be re-enacted each year. The Council may want to consider extending this period to the end of the franchise agreement of 2012. This is a roll-call vote and staff has included an ordinance summary for council consideration. If adopted, the ordinance will be published in the New Brighton-Mounds View Bulletin and take effect 30 days after publication. Respectfully Submitted, Mark Beer ORDINANCE NO. 812 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise Agreements (“Franchise Agreements”) between the City of Mounds View (the “City”) and Xcel Energy (formerly Northern States Power Company), a franchise fee of not more than four (4.0) percent of Xcel Energy’s gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four (4.0) percent of Xcel Energy’s gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s January 2009 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each payment when due and shall monthly furnish a complete and correct statement of gross revenues for said month. Xcel Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2009. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 11th day of August, 2008. Read and passed by the City Council of the city of Mounds View this 25th day of August, 2008. Publication Date: Wednesday September 3, 2008 _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Jim Ericson, City Clerk-Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 812 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS On August 25, 2008, the Mounds View City Council adopted an ordinance which implements a franchise fee on Xcel Energy electric and natural gas operations within the City of Mounds View for the year 2009. A copy of Ordinance 812 is on file and available for public viewing at the office of the Clerk- Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. __________________________________ Jim Ericson, City Clerk-Administrator Item No: 07D Meeting Date: August 25, 008 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7323, Authorizing Step Increases for Mary Springer (Receptionist), Vanessa VanAlstine (Cable TV Coordinator), and Officer Nick Erickson (MVPD) Background: Mary Springer, Vanessa VanAlstine and Officer Nick Erickson are current employees with the City of Mounds View. Their supervisor has reviewed their performances as it relates to their responsibilities outlined in the job description. Discussion: It was determined that Mary Springer, Vanessa VanAlstine and Officer Nick Erickson have satisfactorily performed in the capacity of their position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Recommendation: Staff recommends approval of Resolution 7323, approving the Step Increases. Respectfully Submitted, Desaree Crane RESOLUTION 7323 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisor reviewed their performance as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisor determined that the following employees below have satisfactorily performed in the capacity of their position documented in their performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Vanessa VanAlstine Cable TV Coordinator Date of Hire: August 29, 2007 Step 2: $20.94/hr Step 3: $22.17/hr August 29, 2008 Mary Springer Receptionist September 20, 2006 Step 3: $15.74/hr Step 4: $16.62/hr September 20, 2008 Officer Nick Erickson MVPD August 21, 2006 Step 3: $23.11/hr Step 4: $25.99/hr August 21, 2008 Adopted this 25th day of August, 2008. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ James Ericson, Clerk- Administrator (seal) Item No: 7E Meeting Date: August 25, 2008 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7322 Accepting a Donation from Bethlehem Baptist Church Background Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in 2004 and received City zoning approval to renovate the former office / warehouse space for church usage. At this same time, the Church expressed its desire to sponsor and support worthy community endeavors and thus created the Mounds View Service Project Fund pledging annual donations totaling $25,000. According to the Church they envisioned the fund to be used to help meet certain community needs jointly identified by the city and the church that would be “in harmony” with their mission and values. Previous donations have funded Mounds View park improvements, the YMCA’s Y Partners program, the Mounds View Festival in the Park, the Mounds View School District’s SAIL and STAND programs, the DARE program, Irondale High School athletics and CEAP—the Community Emergency Assistance Program—among others. Discussion At the February 25, 2008 City Council meeting, the Council accepted the first-half donation from Bethlehem as proposed by the Church, which distributed funds to the Festival in the Park, the YMCA’s Y-Partner’s Program, non-specific park improvement projects and supported the economic development climate of the community. On July 25th of this year, I met with Pastor Dan Holst and Jon Granno from BBC along with Steve Dazenski and Parks and Recreation Commissioner Cindy Palm to discuss potential funding needs for the second half donation. (Pat Riemersma from the YMCA was invited to this meeting but did not attend.) The second half donation which has already been delivered to the City is proposed to be distributed as follows: Silver View Park improvement projects $10,000.00 Ralph Reeder Food Shelf $3,530.50 Economic Development $2,706.00 Total second half donation: $16,236.50 Recommendation: Attached for your consideration is Resolution 7322, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $16,236.50 and authorizes the distribution of the donation according to the Church’s recommendations. BBC Donation Report August 25, 2008 Page 2 Respectfully submitted, James Ericson Clerk-Administrator Attachments: 1. BBC Letter dated Aug 1, 2008 2. Resolution 7322 RESOLUTION 7322 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLTUION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH WHEREAS, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $16,236.50 to support the following below: 1. $3,530.50 to support the Ralph Reeder Food Shelf 2. $10,000 to the Mounds View Park and Recreation Department for ongoing park improvement projects at Silver View Park; 3. $2,706.00 to the EDA fund for activities that support the economic climate of the City of Mounds View. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $16,236.50 from Bethlehem Baptist Church and amends the 2008 Budget accordingly. Adopted this 25th day of August, 2008 _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Item No. 7.F. Meeting Date: August 25, 2008 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7326 Authorizing an Increase in Event Center Rates Background: The YMCA Advisory Committee has discussed the need for a general rate increase for the event center. The City normally considers any fee changes during the November time frame. The Event Center is taking a number of reservations for 2009. Discussion: With a number of bookings already in place and more anticipated, event center staff has requested that the City consider a rate increase earlier than the November time frame. If the Council wishes to consider this request the recommendation would be to increase the resident rate by 3% (tier I and II) and the non-resident rate by 5% (tier III and IV). The rate increase would be effective August 26, 2008 for new bookings going forward. This increase would cover the banquet center, kitchen, and adjoining conference rooms. Recommendation: Staff recommends approval of resolution 7326 authorizing the proposed event center rate increase. Respectfully Submitted, Mark Beer RESOLUTION NO. 7326 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ATHORIZING AN INCREASE IN EVENT CENTER RATES WHEREAS, the YMCA Advisory Committee has discussed the need for a general rate increase; and WHEREAS, the City of Mounds View desires to continue to provide and maintain an event facility for the use of residents, local schools and local nonprofits; and WHEREAS, increasing the rates for residents by 3% (tier I and II) and non-residents by 5% (tier III and IV) will allow the City to continue to offer a clean and well maintained facility; and WHEREAS, the City desires the rate changes to be effective on August 26, 2008 for future bookings. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View does hereby authorize a 3% increase in tier I and II rates and a 5% increase in tier III and IV rates for the banquet facility, kitchen and adjoining conference rooms. The effective date of the increases will be August 26, 2008 for all new bookings. Adopted this 25th day of August 2008. Rob Marty, Mayor ATTEST: James Ericson, City Clerk-Administrator (SEAL) Item No. 7G Meeting Date: August 25, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7327 Approving Additional Preliminary Design Issues Regarding Red Oak Drive and Hillview Road in the 2009 – 2010 Street and Utility Improvement Project Background: On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. On June 14, 2008 the Streets and Utilities Committee held the Public Meeting to review several specific design issues on the 2009 – 2010 Street and Utility Improvement Project and to get feedback from the public. On June 16, 2008 the Streets and Utilities Committee adopted recommendations on a number of specific design issues, for forwarding to the City Council. On July 28, 2008 the City Council adopted Resolution 7307 concerning the recommendations brought forth from the Streets and Utilities Committee on June 16, 2008. On July 21, 2008 the Streets and Utilities Committee adopted additional recommendations on two specific design issues for forwarding to the City Council. These recommendations concern Red Oak Drive and Hillview Road and follow up on the previous Committee recommendations of June 16, 2008. On August 4, 2008 the City Council reviewed and discussed the July 21, 2008 recommendations of the Streets and Utilities Committee as an agenda item of their Work Session. Members of the Streets and Utilities Committee were present to participate in the discussion with the City Council. A copy of the Staff Report prepared for the August 4, 2008 City Council Work Session is attached to this Staff Report for reference. Discussion: Based on the actions of the Streets and Utilities Committee and the discussion of the August 4, 2008 City Council Work Session, the recommendations on the two specific design issues regarding the 2009 – 2010 Street and Utility Improvement Project are being presented to the City Council for consideration of formal adoption via resolution. Given the information provided in the attached Staff Report from August 4, 2008, only a brief review of each design issue is stated below. 1. Red Oak Drive – selection of location for combined parking / pedestrian lane The previous recommendation that came forth from the Streets and Utilities Committee and was adopted by City Council under Resolution 7307 stated that a combined use parking / pedestrian lane would be provided on one side only of the segment of Red Oak Drive north of Hillview Road, with no parking provided on the other side of the street. However, the side of Red Oak Drive on which the combined lane would be located was not determined at that time. It was to be further investigated by the Committee. As noted in the Staff Report for the August 4, 2008 Council Work Session, the Committee did further review this issue at their July 21, 2008 meeting, and subsequently made the recommendation to the City Council that the combined use parking / pedestrian lane be located on the west side of Red Oak Drive. Proposed Resolution 7327 included with this Staff Report would adopt this recommendation of the Streets and Utilities Committee. It is noted that a separate resolution to actually establish the no parking condition on Red Oak Drive will be brought to the Council at a future date. Red Oak Drive is on the Municipal State Aid system, and the City will receive funds from the Minnesota Department of Transportation (MnDOT) for its reconstruction. MnDOT will require a copy of the separate no parking resolution as a supporting document for their review of the project to reconstruct Red Oak Drive. 2. Hillview Road – west of Red Oak Drive The previous recommendation that came forth from the Streets and Utilities Committee and was adopted by City Council under Resolution 7307 established the width of Hillview Road from Long Lake Road to Red Oak Drive. The width was established at 40-feet, allowing for a combined parking / pedestrian lane on both sides of the street. However, the segment of Hillview Road west of Red Oak Drive was not addressed by the resolution, since that segment had been identified for further discussion by the Committee. As noted in the Staff Report for the August 4, 2008 Council Work Session, the Committee did further review this issue at their July 21, 2008 meeting, and subsequently made the recommendation to the City Council that the segment of Hillview Road west of Red Oak Drive only have a combined parking / pedestrian lane on one side, which was identified as the south side. The resulting width of this segment of Hillview Road would be 34-feet from face if curb to face of curb. Proposed Resolution 7327 included with this Staff Report would adopt the recommendation of the Streets and Utilities Committee regarding the segment of Hillview Road west of Red Oak Drive. Hillview Road west of Red Oak Drive is not on the Municipal State Aid system, so a future separate no parking resolution is not anticipated for this street segment. Reference Materials Numerous background documents on the design issues regarding Red Oak Drive and Hillview Road have been prepared, and have been included in the meeting packets of both the Streets and Utilities Committee and City Council. Please refer to those documents as necessary if additional background information on these issues is desired. The only document included with this Staff Report for reference is: o The Staff Report from the August 4, 2008 City Council Work Session, upon which this Staff Report was based. The August 4, 2008 Staff Report includes additional discussion of the two issues being considered at this time. Resolution: Resolution 7327 has been prepared in accordance with the above discussion and the recommendations adopted by the Streets and Utilities Committee. The Resolution is attached to this Staff Report for consideration by the City Council. Resolution 7327 has been structured in the same fashion as previously adopted Resolution 7307. Each issue has been identified separately in the event that Council wants to revise the specific parameters of any individual issue. Recommendation: Staff recommends that the City Council adopt the attached Resolution 7327 approving additional preliminary design issues regarding Red Oak Drive and Hillview Road in the 2009-2010 Street and Utility Improvement Project. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7327 x Staff Report from August 4, 2008 City Council Work Session Resolution 7327 Page 1 RESOLUTION 7327 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING ADDITIONAL VARIOUS PRELIMINARY DESIGN ISSUES REGARDING RED OAK DRIVE AND HILLVIEW ROAD IN THE 2009 – 2010 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 7223 adopted by the City Council on Feb. 11, 2008, the Streets and Utilities Committee was created; and WHEREAS, pursuant to Resolution No. 7245 adopted by the City Council on March 24, 2008, the members of the Streets and Utilities Committee were appointed; and WHEREAS, on June 14, 2008 the Streets and Utilities Committee held a Public Meeting to review various design issues of the 2009 – 2010 Street and Utility Improvement Project and gather public input; and WHEREAS, on June 16, 2008 the Streets and Utilities Committee adopted recommendations for various design issues of the 2009 – 2010 Street and Utility Improvement Project; and WHEREAS, on July 7, 2008 the City Council discussed the recommendations of the Streets and Utilities Committee for various design issues of the 2009 – 2010 Street and Utility Improvement Project; and WHEREAS, on July 28, 2008 Resolution No. 7307 was adopted by the City Council approving various preliminary design issues for the 2009 – 2010 Street and Utility Improvement Project; and WHEREAS, on July 21, 2008 the Streets and Utilities Committee adopted additional recommendations in regards to design issues regarding Red Oak Drive and Hillview Road west of Red Oak Drive; and WHEREAS, on August 4, 2008 the City Council discussed the additional recommendations of the Streets and Utilities Committee for design issues regarding Red Oak Drive and Hillview Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The parking lane for the segment of Red Oak Drive from Long Lake Road to Hillview Road shall be located on the west side. Resolution 7327 Page 2 2.Hillview Road west of Red Oak Drive as reconstructed under the 2009–2010 Street and Utility Improvement Project shall include the following: a.Width shall be 34-feet from face of curb to face of curb. b.A parking lane shall be provided along the south side only. c.The parking lane shall also serve as a pedestrian/bicycle corridor. d.No change is made from the current condition in regard to locations where parking is allowed and prohibited. Adopted this 25th day of August 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No. 3 Meeting Date: August 4, 2008 Type of Business: WS City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Streets and Utilities Committee: 2009-2010 Street and Utility Project Design Issue Update – Red Oak Drive parking lane and Hillview Road west of Red Oak Drive Background: On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. On March 24, 2008 the City Council approved Resolution 7245 appointing the members to the Streets and Utilities Committee. The Streets and Utilities Committee held their first meeting on April 21, 2008, and has also met on May 19, 2008, June 16, 2008, and June 30, 2008. The Streets and Utilities Committee also held a Public Meeting on June 14, 2008 to review several specific design issues on the 2009 – 2010 Street and Utility Improvement Project and to get feedback from the public. Based on this public meeting, the Committee adopted recommendations on several issues during their meeting of June 16, 2008. On July 7, 2008 the Streets and Utilities Committee presented their recommendations to the City Council during the Council Work Session. These recommendations were subsequently presented to the City Council for formal approval as Resolution 7307 on July 28, 2007. The City Council did approve a revised version of Resolution 7307 at that meeting. Discussion: At their meeting of July 21, 2008, the Streets and Utilities Committee had further discussion on two of the issues identified in their previous recommendations. These issues were the parking on Red Oak Drive, and the segment of Hillview Road west of Red Oak Drive, between Red Oak Drive and Fairchild Avenue. The Committee reached decision on these items and adopted recommendations building upon their previous recommendations of June 16, 2008. These new recommendations are coming forward to the City Council from the Streets and Utilities Committee for review and discussion. A summary of the information on the new recommendations follows. 1. Red Oak Drive (North of Hillview Road) On June 16, 2008, the Streets and Utilities Committee recommended that Red Oak Drive be reconstructed to a width of 32 feet, which provided two 11-foot wide driving lanes and an 8-foot wide dual use parking/pedestrian/bicycle lane on one side of the road. The side of the road on which parking would be allowed was yet to be determined. On July 21, 2008, the Streets and Utilities Committee discussed on which side of the road the parking lane should be provided. Staff recommended the lane be constructed on the same side as the mailboxes, which is the west side. This would be the safer option for residents when retrieving the mail. It would also provide an area for the mail truck to stop for delivery without blocking traffic. After discussion, the Committee concurred.For these reasons, the Committee recommends (by a unanimous 7-0 vote) the dual use parking/pedestrian/bicycle lane be constructed on the west side of Red Oak Drive. It should be noted that this recommendation does not address traffic calming. The layout of traffic calming elements along Red Oak Drive is still being developed, and will be brought forward to the City Council for review and consideration at a future date. The recommendation coming forward at this time from the Streets and Utilities Committee addresses only the side of the road on which the parking lane is to be located. 2. Hillview Road (Between Red Oak Drive and Fairchild Avenue) On June 16, 2008, the Streets and Utilities Committee recommended that Hillview Road be reconstructed to a width of 40 feet from face of curb to face of curb. The 40-foot width consists of two 12-foot wide driving lanes, and an 8-foot wide parking lane on each side of the road. The parking lanes will also function as dual use pedestrian/bicycle corridors. On July 21, 2008, the Committee discussed specifically the block of Hillview Road, between Red Oak Drive and Fairchild Avenue. With the closure of the access to County Road 10 at Hillview Road / Fairchild Avenue, this block of Hillview Road essentially becomes a transition area from the 40-foot width of Hillview Road east of Red Oak Drive to the 24-foot width of Fairchild Avenue. The Feasibility Report that was prepared for the 2007-2008 Street and Utility Improvement Project (now the 2009-2010 project) anticipated this. Therefore, the cost estimate for this segment of Hillview Road included in that Report were based on a width of 34-feet. To construct this segment of Hillview Road to the full width of 40-feet would add approximately $8,200 in project costs. For reference, the existing street surface along this segment narrows from a width of approximately 41-feet just west of Red Oak Drive to approximately 31-feet just east of Fairchild Avenue. The 34-foot width assumed in the Report would allow for parking on one side of the road (12-foot driving lane + 2-foot reaction zone on one side of the road, 12-foot driving lane + 8-foot parking lane on the other. 12 + 2 + 12 + 8 = 34 feet). There are 4 existing single-family homes on the north side of this block and a daycare center on the south side. At the June 14, 2008 Neighborhood Meeting, a resident mentioned that the daycare facility utilized the existing street for employee parking. However, there does not appear to be much demand for parking along the north side. Therefore, the Committee considered eliminating the parking lane along the north side of this segment of Hillview Road. If the parking lane were eliminated along the north side, there would be an increase in the green boulevard space adjacent to the single-family lots. This increase would range from essentially zero near Fairchild Avenue to about 6-feet near Red Oak Drive. This segment of Hillview Road has not been designated as a potential pedestrian/bicycle corridor in the City’s Comprehensive Sidewalk/Trailway Plan. However, making the parking lane along the south side of the road a dual use parking/pedestrian/bicycle lane would not only maintain parking for the daycare center, it would also provide a connection from the designated pedestrian/bicycle corridors along Red Oak Drive and Hillview Road to the future pathway along County Road 10. Therefore, the Committee considered making the parking lane along the south side a designated dual use lane for pedestrian/bicycles. Based on this information and their discussion,the Committee recommends (by a unanimous 7-0 vote) that this segment of Hillview Road be 34 feet from face of curb to face of curb. The 34-foot width consists of two 12-foot wide driving lanes, an 8-foot wide dual use parking/pedestrian/bicycle lane on the south side, and a 2-foot reaction area on the north side. Recommendation: Staff is looking for direction from Council with regard to these recommendations from the Streets and Utilities Committee, so design of the 2009 – 2010 Street and Utility Improvement Project can proceed accordingly. The direction from the Council on these issues will be prepared as a Resolution to be brought back to the Council for formal approval at a future City Council meeting. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Item No. 7H Meeting Date: August 25, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7328 Establishing the Appeal Parameters for the Stormwater Infiltration Program (SIP) Background: On July 21, 2008 the Streets and Utilities Committee passed a motion recommending the basic components of the Stormwater Infiltration Program (SIP) be presented to the Council for consideration and that a SIP appeal process be developed. On August 4, 2008 the City Council discussed the recommendations of the Committee at their Work Session. Committee members were present at this meeting to participate in the discussion with the Council. On August 11, 2008 the City Council adopted Resolution 7319 establishing the basic components of the SIP. On August 18, 2008 the Committee continued discussion on the SIP, specifically the appeal process. Discussion: Streets and Utilities Committee members presented the SIP staff report at the August 4, 2008 City Council Work Session. This report included a summary of the two motions passed by the Committee at the July 21, 2008 Committee Meeting. The second of these two motions was passed to make the installation of infiltration swales mandatory in all designated locations, with the provision that individual property owners have the right to appeal the proposed location of an infiltration swale adjacent to their property to the City Council for removal from the SIP. During discussion at the City Council Work Session on the 4th, there seemed to be agreement among the Council that there should be a process for property owners to appeal for removal of a specific infiltration swale from the SIP. However, the Council recommended that the parameters for an appeal be better defined. It was requested that the Committee discuss the appeal process at their August 18, 2008 Committee Meeting and provide the Council with defined parameters for what constitutes a reasonable appeal. Staff prepared information regarding a draft list of appeal parameters to be discussed and considered by the Committee at the August 18, 2008 Committee meeting. SIP Appeal Parameters Staff developed a list appeal parameters to identify objective and logical parameters for what constitutes a reasonable SIP appeal at the direction of the Council. To inform the discussion about what constitutes a reasonable SIP appeal, staff felt it necessary to draw a distinction between two types of parameters: physical parameters and hardship parameters, described as follows: Physical Parameters - Parameters in this category are those physical constraints that would cause the siting of an infiltration swale to be infeasible or difficult in a particular location. The application of physical parameters will initially be performed by staff within the context of the detailed SUIP design process. However, a property owner may feel that staff has overlooked a constraint, or may reach a different conclusion on a physical constraint than staff. Therefore, it is possible that a property owner could apply for an appeal based on a physical parameter, but it will be necessary to provide sufficient technical evidence supporting the claim that a given physical constraint applies to a particular location. Due to the technical evidence necessary to support a physical constraint claim, physical parameters will likely not often be used by property owners as a justification for a SIP appeal. Hardship Parameters - Parameters in this category are defined as those constraints that reflect a property owner’s specific concerns regarding how the SIP will impact their property in a way that the property owner finds unacceptable. The Committee reviewed and accepted the appeal parameters prepared by staff, adding their desire that the Council not limit SIP appeals to only those parameters listed, but also consider other unforeseen physical and hardship parameters that were not included on the list prepared by staff. The Committee passed a motion (by a vote of 6-0) to present this list plus their addition to the City Council at the August 25th meeting for consideration. Draft Resolution 7328 has been prepared based on the recommendations of the Committee for consideration by Council. A copy of this draft Resolution is attached. SIP Appeal Process As the SIP Appeal parameters recommended by the Committee are being considered for approval by the Council at this meeting, staff feels that an appeal process should be developed to efficiently collect and review the appeals prior to presentation before Council. A potential process has been identified by staff and is presented below for consideration by Council: 1. Staff will develop a SIP appeal form to be completed by interested property owners. The form will list the appeal parameters considered by the City as acceptable and allow property owners to formally state their appeal to the City. 2. Staff will prepare a notice to all property owners located adjacent to a feature identified in the finalized list of features for the 2009-2010 SUIP. The goal will be to send out notices by September 5th. The notice provided to property owners will include the following SIP appeal information: a. That SIP appeals are possible and the allowable parameters for an appeal. b. Contact information for property owners to both obtain the SIP appeal form and officially submit the form to the City. c. The deadline by which an appeal must be submitted. Staff recommends that the deadline be September 26th. d. Invite property owners to participate in the appeal hearing by City Council at the October 13th Council meeting. 3. After the September 26th appeal form deadline, staff will review the submitted appeals within the context of the established SIP appeal parameters and provide the City Council with a staff recommendation to either approve or deny a submitted appeal. 4. Staff will compile the results of all appeals and submit them to the City Council under a single staff report. Each appeal form and corresponding staff review would be included with the overall staff report, to allow the City Council to discuss each appeal individually. The anticipated date for consideration of the appeals by Council is the October 13, 2008 City Council meeting. 5. Property owners submitting an appeal will be invited to participate in the appeal hearing by City Council at the October 13th Council meeting, and will receive a copy of the staff report outlining the recommendation from staff regarding their appeal. 6. Council takes action on all submitted appeals at the October 13, 2008 Council meeting. 7. The final plans for the 2009-2010 SUIP will be completed in accordance with the approved appeals and presented to the City Council at the November 24th Council meeting. It should be noted that the SIP appeal process outlined above can be readily applied to future projects in the program, with the dates changed to fit each specific project. Other Items: Program Name Throughout the activities of the Streets and Utilities Task Force in 2007, as well as during development of the proposed 2007 – 2008 Street and Utility Improvement Project (SUIP) prior to that, the program to address stormwater treatment for the SUIP had generally been referred to as the “Raingarden Program”. However, given the development of the program over the past few months, it has become apparent that this name is misleading, as the standard feature constructed to address stormwater treatment will not be a raingarden. To establish consistent terminology when referencing the program adopted by Resolution 7319 from this point forward, the Committee passed a motion (by a vote of 6-0) to re-name the Raingarden Program the Stormwater Infiltration Program or SIP. Staff does not feel it necessary for Council to adopt the name by resolution; however, Council should indicate their concurrence with the name either through a simple vote or motion. Neighborhood Meeting During the discussion at the August 4, 2008 City Council Work Session, the Committee presented their recommendation that a provision in the motion to establish the components of the SIP be added to extend an invitation to all property owners with a proposed feature adjacent to their yard to meet with the City to discuss the project on-site. In an effort to consolidate meetings and reduce costs, the Mayor suggested that staff invite all property owners with an infiltration swale adjacent to their property to a public meeting, combining a number of the individual on-site meetings into a single meeting. The Committee discussed the Mayor’s suggestion at the August 18th Committee Meeting. It was the feeling of the Committee that a neighborhood meeting held without knowing the attendees would be difficult and costly for staff to prepare, as they would have to be ready to discuss every feature location within the project area. Committee and staff reached a consensus recommending that staff coordinate a neighborhood meeting only after hearing from those property owners requesting an on-site meeting and if grouping property owners together for a joint neighborhood meeting would be cost effective and increase efficiency. Recommendations: 1. Staff recommends that the City Council adopt the attached Resolution 7328 to establish the parameters of a SIP appeal. Each parameter of a SIP appeal has been identified separately in the Resolution, in the event that Council wants to revise the specific language regarding any individual issue. 2. Council provide direction to staff to move forward with the SIP appeal process, based on the staff recommended SIP appeal process, including any revisions to this process made by the Council. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7328 Resolution 7328 Page 1 RESOLUTION 7328 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING THE APPEAL PARAMETERS FOR THE STORMWATER INFILTRATION PROGRAM (SIP) WHEREAS, pursuant to Resolution No. 7176 approved by the City Council on Oct. 22, 2007, the Street and Utility Improvement Program (Program) was adopted in accordance with the recommendations of the Streets and Utilities Task Force; and WHEREAS, pursuant to Resolution No. 7223 adopted by the City Council on Feb. 11, 2008, the Streets and Utilities Committee was created; and WHEREAS, pursuant to Resolution No. 7245 adopted by the City Council on March 24, 2008, the members of the Streets and Utilities Committee were appointed; and WHEREAS, on July 21, 2008 the Streets and Utilities Committee adopted a motion recommending that the installation of the SIP features be mandatory in all designated locations and that a SIP appeal process be developed; and WHEREAS, on August 4, 2008 the City Council discussed the recommendation of the Streets and Utilities Committee to develop a SIP appeal process and requested that the Streets and Utilities Committee define a list of reasonable appeal parameters; and WHEREAS, on August 18, 2008 the Streets and Utilities Committee adopted a motion recommending the list of SIP appeal parameters be presented to the City Council for consideration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The owner of a property adjacent to the location of a proposed infiltration feature designated by the City as part of the design process for a project under the Street and Utility Improvement Program shall have the right to appeal the designation of that feature adjacent to their property. 2.The appeal must be submitted in writing and must follow the procedure established by the City. Resolution 7328 Page 2 3.The appeal must be submitted by the specified deadline. The City will establish the deadline for each individual project within the Program as part of the project development. Advance written notification of the deadline will be provided by the City to affected properties. 4.Appeals must be based on a specific condition or conditions under one of the following categories: A.Physical Parameters: Acceptable conditions upon which a physical parameter can be claimed include: A1. Contaminated Soils – infiltration swales will not be installed where known or suspected contaminated soils exist. A2. High Groundwater Elevation – infiltration swales will not be installed where the separation between the bottom of swale and the groundwater table is less than the minimum distance required by Rice Creek Watershed District. A3. Impermeable Soils – infiltration swales will not be installed where in place soils do not exhibit permeability rates high enough to promote infiltration. A4. Potential Stormwater Hot Spot Land Uses – infiltration swales will be used with caution (per the guidance in the Minnesota Stormwater Manual) in locations where runoff is generated from land uses such as commercial, industrial, institutional, municipal, or transportation-related operations that produce higher levels of stormwater pollutants, and/or present a higher potential risk for spills, leaks, or illicit discharges. A5. Relative Elevation – infiltration swales must be located downstream of impervious areas to provide the intended benefit. An infiltration swale will not be located where an insufficient volume of stormwater will reach it. A6. Significant Trees – infiltration swales will not be located where they would have a direct negative impact upon existing significant trees. Resolution 7328 Page 3 A7. Spacing – infiltration swales will be efficiently spaced throughout the project area and not lumped in one location, leaving other suitable areas without treatment. A8. Steep Slopes – infiltration swales will not be installed in locations where they cause excessive slopes. A9. Underground Utilities – infiltration swales will not be installed where conflict with existing underground utilities result in the swale being cost prohibitive. A10. Wellhead Protection – infiltration swales proposed in vulnerable wellhead protection areas will follow guidance provided by the Minnesota Department of Health. A11. Other Physical Parameters – infiltration swales will not be installed where any other physical parameter would preclude their construction or function. B.Hardship Parameters: Acceptable conditions upon which a hardship parameter can be claimed include: B1. Safety – an infiltration swale at a specific location raises safety concerns for the adjacent property owner or other persons associated with the property. B2. Maintenance – an infiltration swale at a specific location raises maintenance concerns for the adjacent property owner due to their physical condition. B3. Minimum Setback – an infiltration swale at a specific location encroaches within the required setback to a given structure as defined in the City Code. B4. Other Hardship – Any other hardship identified by the adjacent property owner. 5.Appeal submittals must identify upon what condition or conditions the appeal is based. 6.The appeal submittal shall provide a written argument to substantiate the claim of condition, including supporting documentation or evidence as necessary. Resolution 7328 Page 4 7.The appeal shall be considered and decided upon by the City Council at a regularly scheduled City Council meeting. Notice of the Council meeting at which the appeal will be heard shall be provided in advance to the property owner who submitted the appeal. 8.Appeals may be withdrawn at any time up to when action is taken upon it by the City Council. 9.The decision of the City Council regarding the appeal shall be final. 10. If an appeal is upheld by the City Council, the associated infiltration feature will be deleted from the corresponding project. Adopted this 25th day of August 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No: Meeting Date: August 25, 2008 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. G.R. Mechanical, Inc. HVAC Renewal Staff Recommendation: Approve license applications as requested. Changes made by Changes made by Council Member Mueller, Clerk -Administrator Ericson, and Community Development Director Ken Roberts PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 28, 2008 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, July 28, 2008, City Council Agenda 22 23 MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, July 28, 2008 Agenda as 24 Amended to Remove Item C. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Tom Winiecki, 2748 Sherwood Road said that he called Ramsey County to find out who owns 31 the right-of-way and Ramsey County did not know. He then said that he talked to Mr. Ericson 32 who told him that the City owns the right-of-way and the City can do what it wants there. 33 34 Mr. Winiecki said that he was invited by Mr. Ericson and the Task Force to present the letters 35 from him and his neighbor that states that they do not want contaminants in their front yard in the 36 form of a rain garden. 37 38 Julie Ann Love of 7900 Sunnyside Road addressed the Council and said that she would like to 39 have Hillview narrowed. She has asked users of Hillview for opinions and her neighbors as well. 40 After all of this, she does not think that it is doable so, as a substitution, she would like to request 41 that the Streets and Utilities Advisory Committee consider traffic calming measures between Red 42 Oak and Greenwood. 43 44 Mayor Marty indicated that Council and Staff would look into traffic calming measures. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 2 1 6. SPECIAL ORDER OF BUSINESS 2 3 A. Presentation by Louis Jambois of Metro Cities (formerly the Association 4 of Metropolitan Municipalities) 5 6 Mr. Jambois appeared before Council and made a presentation outlining the services that Metro 7 Cities provides for its member cities. 8 9 Council Member Mueller asked whether there has been any feedback from the rural communities 10 on the focusing of transportation dollars on the metro areas where the most people live. 11 12 Mayor Marty noted that the City used to be a member of this group but had to reduce 13 memberships due to tough economic times. He then said that the Council would consider this 14 request during the budgeting process. 15 16 Valerie Amundsen of 3048 Wooddale Drive asked if each City’s vote is equal or proportional 17 based on population. 18 19 Mr. Jambois said that each city would receive one vote. 20 21 7. COUNCIL BUSINESS 22 23 A. Continued Public Hearing: Second Reading and Adoption of Ordinance 810, 24 Amending Chapter 8 (Public Improvements and Special Assessments), and 25 Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View 26 City Charter 27 28 Clerk Administrator Ericson noted that this is something that the Charter Commission and City 29 Staff have been working on for the past year. This would provide the City with an opportunity to 30 have unpaid fines certified to property taxes. 31 32 Mayor Marty closed the public hearing at 7:43 p.m. 33 34 MOTION/SECOND: Stigney/Flaherty. To Waive the Reading and Adopt Ordinance 810, 35 Amending Chapter 8 (Public Improvements and Special Assessments), and Chapter 12 36 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. 37 38 Council Member Stigney thanked the Charter Commission for its work on this matter. 39 40 ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council July 28, 2008 Regular Meeting Page 3 B. Resolution 7307, Approving Various Design Issues for the 2009 - 2010 Street 1 and Utility Improvement Project 2 3 Joe Rhein, consulting engineer for Bonestroo, reviewed Resolution 7307 listing the issues for 4 the 2009 – 2010 Street and Utility Improvement Project. 5 6 Julie Ann Love said that in examining the summary of public comment, one of the questions was 7 parking options and how many people would like no parking on Hillview, one parking lane, or 8 two parking lanes. The summary indicates it was close between those wanting one and two 9 parking lanes. 10 11 Staff and Council discussed a “choker” for traffic calming reasons and how that would affect 12 construction costs for the project. 13 14 Council Member Stigney said that he feels that a choker may be beneficial coming off of 15 Highway 10 or at Long Lake Road but he is concerned about using several chokers but that he 16 would consider one at each end. 17 18 Council Member Stigney said that he would like to have parameters defined by the Council as to 19 how to handle the rain gardens on this project. 20 21 Mr. Rhein indicated that the project is being designed according to Rice Creek Watershed 22 District and once the permit is approved, the rules are locked in. However, there is a possibility 23 that the rules could change for the next phase of the project. 24 25 Mr. Rhein agreed to amend the document to require that a traffic management plan would be 26 recommended for traffic calming measures. 27 28 Council agreed to amend the Resolution title to add the word preliminary. 29 30 Valerie Amundsen said that the Task Force is concerned with add ons with the up-front projects 31 and running short of funding for the later projects. 32 33 Council Member Mueller asked for information on cost savings using the rain gardens versus 34 other water treatment methods. 35 36 Council Member Mueller indicated that she would hate to be in a situation where the plans have 37 to be amended to remove a piece of the project that Council determines is not needed. 38 39 Mr. Rhein indicated that once the detailed drawings are done there would be a cost to remove 40 those items from the plans. He then recommended that Council and the Committee work 41 together up front on the project design to ensure that changes are not needed. 42 43 Mayor Marty noted that preliminary was added in the title of the Resolution and the other item 44 was Red Oak Drive was amended to remove chokers and insert general traffic calming methods. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 4 1 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7307, 2 Approving Various Design Issues for the 2009 - 2010 Street and Utility Improvement Project. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 Julie Ann Love of Sunnyside Road commented that the finances are a strong consideration with 7 the design so she wonders if it was discussed how much of a savings it would be if Hillview 8 Road were 32 feet like Red Oak Drive and noted that Red Oak Drive has similar traffic counts to 9 Hillview. 10 11 C. Resolution 7304, Approving the 2008 Festival in the Park Contract 12 13 Assistant Clerk Administrator Crane reviewed Resolution 7304 approving the Festival in the 14 Park Contract. 15 16 Council Member Stigney asked for the total amount being asked for in the Resolution. 17 18 Crane indicated that it is $5,300 from the City and $275 from the Festival Committee and the 19 private donation from Bethlehem Baptist was not added to the Contract. 20 21 Council Member Stigney asked if the $5,260 is all going to the Festival in the Park. Ms. Crane 22 indicated it was. Stigney indicated that he would like to reconsider that for next year. 23 24 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7304, 25 Approving the 2008 Festival in the Park Contract. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 D. Resolution 7302, Authorizing a Step Increase for Officer Peter Berling, 30 Mounds View Police Department. 31 32 Assistant Clerk Administrator Crane indicated that the City Attorney has agreed that state law 33 and the LELS contract authorize a step increase despite the fact that he has been out of work with 34 a worker’s compensation injury. 35 36 MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7302, Authorizing a Step 37 Increase for Officer Peter Berling, Mounds View Police Department. 38 39 Council Member Stigney asked whether the internal investigation has been completed. 40 41 Assistant Clerk Administrator Crane indicated that this is not an internal investigation but it is 42 practice to have another agency research the circumstances surrounding the situation. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 5 1 E. Resolution 7303, Authorizing a Step Increase for Don Burda, Full Time 2 Temporary Building Inspector. 3 4 Clerk Administrator Ericson noted that a step increase is due to Mr. Burda as his supervisor rated 5 his work satisfactory. The end date for this position will be discussed at the next Council work 6 session. Staff recommends approval of the step increase as this is a separate issue. 7 8 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7303, a 9 Step Increase for Don Burda, Full Time Temporary Building Inspector. 10 11 Council Member Stigney indicated that this was brought up on May 28 and we are at the end of 12 July already. 13 14 Council Member Mueller clarified that the project this person was hired for has run its course 15 and that is why the position would be eliminated, this has nothing to do with the individual or 16 any performance issues. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 F. Resolution 7306, Approving the Purchase of Two Replacement Police Squad 21 Cars 22 23 Chief Sommer noted that this Resolution would replace the two squad cars totaled in a collision. 24 Both officers involved in the incident are back to work with no restrictions. 25 26 Council Member Stigney said that the value of the squads was only $28,298. He then asked for 27 the individual values. 28 29 Chief Sommer indicated that the 2005 vehicle had a lower value than the 2008 but he does not 30 have the separate values with him. 31 32 Council Member Stigney asked whether the salvage value has been considered and whether the 33 vehicles should be kept for parts. He then said that there is not much of a value coming back for 34 giving the vehicles away. He further said he would like someone to look at what may be of value 35 with the vehicles. 36 37 Chief Sommer indicated that there is a higher value but this calculates in the deductible. 38 39 Clerk Administrator Ericson indicated that he has seen the vehicles and the damage is so 40 significant that Staff does not feel it is worth the effort to attempt to salvage any parts. 41 42 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7306, 43 Approving the Purchase of Two Replacement Police Squad Cars. 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 6 Ayes – 5 Nays – 0 Motion carried. 1 2 G. Resolution 7308, Authorizing Purchase of a Grinder for the Groveland Road 3 Lift Station 4 5 Mayor Marty noted that this matter was discussed at a work session. 6 7 Steve Dazenski from Public Works addressed Council and reviewed the Resolution authorizing 8 the purchase of a grinder for the Groveland Road Lift Station. 9 10 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7308, 11 Authorizing Purchase of a Grinder for the Groveland Road Lift Station. 12 13 Council Member Mueller said that her Motion includes approval of the lower bid and 14 overhauling the pumps after the installation of the grinder. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 H. Resolution 7310, Authorizing the hire of Michael Strand, to the Part Time 19 Cable TV Technician position in the Administration Department. 20 21 Assistant Clerk Administrator Crane noted that the position was advertised and the City received 22 12 applications and Staff interviewed six of those candidates. Mr. Strand was chosen as the most 23 qualified for the position and all reference checks were completed satisfactorily. 24 25 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7310, 26 Authorizing the Hire of Michael Strand to the Part Time Cable TV Technician Position in the 27 Administration Department. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 I. Resolution 7311, Approving the 2008-2009 AFSCME Union Contract 32 33 Assistant Clerk Administrator Crane indicated that the AFSCME has agreed unanimously to the 34 contract terms. The highlights are 3% wage increases, revisions in accordance with new 35 regulations were made along with holiday language revisions. Staff recommends approval. 36 37 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7311, 38 Approving the 2008 – 2009 AFSCME Union Contract. 39 40 Council Member Stigney commented that he had a question as to if there are changes in the sick 41 leave policy within the next two years he would like something in the contract that states that 42 portion would be reopened for contract discussions. 43 44 Mayor Marty thanked Jim, Des and the employees for the good faith bargaining on this contract. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 7 1 Council Member Stigney indicated that he would like the option in future contracts to be able to 2 open it up for discussion if there is a change needed to health care or other benefit. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 8. CONSENT AGENDA 7 8 A. Licenses for Approval 9 B. Resolution 7309, Authorizing a Charitable Gambling Two-Day Permit 10 (BINGO) for the Mounds View Community Theatre on August 16 and 17, 11 2008 for Mounds View Festival in the Park. 12 C. Resolution 7305, Approving an Amendment to the YMCA Agreement for 13 Professional Services – Event Center Staff. 14 15 Council Member Mueller requested that Item B be removed for discussion. 16 17 MOTION/SECOND: Stigney/Hull. To Approve Consent Agenda Items A and C as Presented. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 B. Resolution 7309, Authorizing a Charitable Gambling Two-Day Permit 22 (BINGO) for the Mounds View Community Theatre on August 16 and 17, 23 2008 for Mounds View Festival in the Park 24 25 Council Member Mueller said that the Mounds View Community Theatre always puts on a first 26 class presentation and asked that all residents consider supporting their bingo fundraiser during 27 Festival in the Park. 28 29 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7309, 30 Authorizing a Charitable Gambling Two-Day Permit (BINGO) for the Mounds View Community 31 Theatre on August 16 and 17, 2008 for Mounds View Festival in the Park. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 9. JUST AND CORRECT CLAIMS 36 37 Council Member Mueller referenced Page 3, a squad repair for Blaine Auto Body for $4,500 and 38 asked if that was a previous accident and then said that she would like a squad number for 39 tracking purposes. 40 41 Finance Director Beer indicated that vehicle information is tracked to determine costs by squad. 42 43 Council Member Mueller, On Page 5, there is tax increment administration under Ehlers and she 44 would like to know where that falls in the budget. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 8 1 Finance Director Beer explained that tax increment items are handled in the EDA budget. 2 3 Council Member Flaherty asked about the Floors by Steve and whether the issues at the 4 Community Center were resolved. 5 6 Clerk Administrator Ericson indicated that a heat treatment was being used to draw out the marks 7 and add another layer of varnish over the floor. 8 9 Council and Staff discussed the contractor being used for mowing blighted properties. Clerk 10 Administrator Ericson said that Staff would not use them if the job is not done appropriately. 11 12 Council Member Mueller asked about the $18,000 to Heartland. 13 14 Finance Director Beer explained that is a TIF development payment for Silver Lake Point. 15 16 Council Member Mueller said that $3,800 was paid to Serco Laboratories and asked what that is 17 for. 18 19 Finance Director Beer indicated that is an annual report regarding water quality which is 20 required by state law. 21 22 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 10. APPROVAL OF MINUTES 27 28 A. June 23, 2008, City Council Minutes 29 30 Mayor Marty Page 6, Line 44 low bidder was Allied Blacktop and Line 27 insert Mueller as the 31 second. On Page 9, Line 24, reference the title of the magazine, which is The Line Chaser. 32 33 MOTION/SECOND: Mueller/Flaherty. To Approve the June 23, 2008, City Council Minutes as 34 Amended. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 B. July 14, 2008, Executive Session Minutes. 39 40 MOTION/SECOND: Mueller/Stigney. To Approve the July 14, 2008, Executive Session 41 Minutes as Submitted. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 9 1 11. REPORTS 2 3 A. Reports of Mayor and Council 4 5 Mayor Marty asked for an update on the status of the update to the Comprehensive Plan. 6 7 Clerk Administrator Ericson indicated that Staff and consulting staff are working on the various 8 components; however, there may be a need for an extension request. Staff will keep Council 9 informed of progress. 10 11 Mayor Marty asked for an update on the Public Works Director hire. 12 13 Clerk Administrator Ericson indicated that interviews were conducted and staff will update 14 Council at the upcoming work session. 15 16 Mayor Marty noted that there was a court date on the abatement of nuisance cars and junk in the 17 yard and he would like to discuss that. 18 19 Clerk Administrator Ericson noted that the resident at 8217 Long Lake Road was issued a court 20 citation and the court date came and went and the individual was hauled into jail. He then said 21 that he would need to check with the prosecuting attorney for the status of the situation. 22 23 Mayor Marty noted that Festival in the Park is coming up August 16 and 17 and it is the City’s 24 50th Anniversary. 25 26 Council Member Mueller thanked Council Member Flaherty for handing out 14 two-liter bottles 27 of soda and dozens of cookies prior to the Beauty and the Beast performance. 28 29 Council Member Mueller indicated that volunteers are needed to help with the sales of the 30 cookbook for Festival in the Park. 31 32 Council Member Mueller asked whether the retreat is still scheduled for September 29. She then 33 reminded everyone that the first 100 vehicles registered for the car show receive a goody bag. 34 35 Council Member Mueller said that she and her son handed out approximately 200 fliers and 36 others handed out another 600 fliers at the Car Care Nationals inviting vehicle owners to 37 participate in the car show at Festival in the Park. 38 39 B. Reports of Staff 40 41 1. Finance Quarterly Report 42 43 Finance Director Beer provided the finance department quarterly report. 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 10 Council Member Stigney asked whether the refunds on assessments are scheduled to occur this 1 fall. Finance Director Beer indicated that the reimbursements are on schedule for this fall unless 2 Council determines not to do so. 3 4 2. Police Quarterly Report 5 6 Chief Sommer provided the police quarterly report for the second quarter 2008. In conclusion, 7 Chief Sommer reminded Council that August 5 is National Night Out. 8 9 Clerk Administrator Ericson noted that he and Ms. Crane met regarding YMCA issues, staffing 10 issues, internal policies, and communication issues and discussed ways to implement policies and 11 procedures and how to handle programs with the YMCA. 12 13 Mayor Marty indicated that he has had issues he is not happy with regarding the YMCA so he 14 met with Pat Reimersma and Staff and that is why this was brought up because the contract is up 15 at the end of the year and he would like to get some things fixed over there. 16 17 Clerk Administrator Ericson noted that he met with Bethlehem Baptist Church Friday to discuss 18 the second half gift provided to the City and they did not include scheduled disbursements but 19 did want to discuss with the City how the funds would be used. 20 21 Clerk Administrator Ericson noted that contract negotiations with the LELS are ongoing. He 22 then said that an executive session would be requested in August to discuss this matter with the 23 Council. 24 25 Clerk Administrator Ericson commented that the 2008 Safety Camp has been cancelled for the 26 year. There were a lot of disappointed people including kids and staff that look forward to the 27 program but, enrollment was not high enough to justify moving forward with the camp. 28 29 Staff suggested starting the August work session at 6:00 p.m., as there are many items on the 30 Agenda. Council agreed. 31 32 C. Reports of City Attorney 33 34 Attorney Riggs noted a written report was provided for review. He then said that there has been 35 no further contact with Xcel regarding the gas pipeline. 36 37 Council Member Mueller asked whether the Attorney has heard of any litigation issues 38 surrounding the dynamic billboard issue in any other cites. 39 40 Attorney Riggs indicated that he is going to be bringing an Ordinance forward for Council 41 consideration but he has not had any contact or response to the letter sent out on Clear Channel’s 42 issue. 43 44 Mounds View City Council July 28, 2008 Regular Meeting Page 11 Ericson noted that the Community Development Department has begun work on updating the 1 sign ordinance. 2 3 Council Member Mueller asked whether the sale of the Mermaid property went through. Ericson 4 indicated that the City has not taken any action on that and the sale did not go through. 5 6 Mayor Marty noted that the electronic sign took a power surge from a lightening strike and that is 7 why the sign is out right now. It is under warranty and will be repaired. 8 9 12. Next Council Work Session: Monday, August 4, 2008, at 7:00 p.m. 10 Next Council Meeting: Monday, August 11, 2008, at 7 p.m. 11 12 13. ADJOURNMENT 13 14 The meeting was adjourned at 10:12 p.m. 15 16 Transcribed by: 17 18 19 Joan Lenzmeier 20 TimeSaver Off Site Secretarial, Inc. 21 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: August 11, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:31pm 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Stigney, Flaherty, Hull and Mueller, Clerk-Administrator Jim Ericson, Finance Director Mark Beer and Assistant City Clerk-Administrator Desaree Crane. 3. EXECUTIVE SESSION TO DISCUSS UNION LABOR CONTRACT NEGOTIATIONS AND PENDING UNION MEDIATION. City Staff reviewed and discussed the status of the Mounds View LELS Police Officers union contract negotiations and pending mediation with the City Council. 7:00pm MEETING ADJOURNED Respectfully Submitted: Desaree M. Crane Assistant City Clerk-Administrator 338024v2 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: August 21, 2008 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. MU125-14: Public Works. Lions Park Joint Powers Agreement – Consult with City staff and work on final draft of agreement. Matter is pending. MU125-47: General Zoning Matters. Condo code amendment -- work with staff and draft code amendment as to CIC’s. Work on updated draft ordinance. Matter is presently pending. MU210-26: The Mermaid. Review plat amendment and PUD amendment. Work on draft of plat opinion. Review correspondence from owner. Waiting for further title work and revised plat from applicant. Matter is presently pending. MU210-35: Community Center Project. Work on various agreements: YMCA (research incentive pay issues; report findings to City staff), rental agreement. Consult with City staff. Matter is pending. MU210-43: Silver Lake Woods Condominium Association. Work with City staff to determine requirements that SLWCA needs to undertake regarding roads. Work with Item 11C Aug 25, 2008 Mr. Jim Ericson August 21, 2008 Page 2 338024v2 SJR MU125-11 attorney Pat Brinkman regarding matter. Discuss updates to Petition and Waiver Agreement with City Council and Staff and forward revised Agreement to SLWCA attorney. Matter is presenting pending. MU210-163: Xcel Easement, Etc. Consult with City staff re same. Continue to work with Xcel Energy and City staff re shut-off valve issue and easement issues. Draft letter for Mayor and Clerk-Administrator in response to Xcel letter. Matter is presently pending. MU210-174: Ordahl Minor Subdivision. Review proposed subdivision materials. Consult with City staff re title work requirements. Review updated title work. Work on matter. Matter is presently pending. MU210-175: Senior Housing Project. Review submitted planning materials and work on matter. Consult with City staff. Matter is presently pending. EDA MATTERS: MU205-13: EDA General. Review and propose updates to EDA By-Laws, etc. Provide initial draft of updated By-Laws. Work with City staff. Matter is presently pending. MU205-30: Medtronic. Finalize TIF Note. Respond to various City staff questions, etc. Matter is presenting pending.