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HomeMy WebLinkAboutAgenda Packets - 2008/09/08 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 8, 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 7. COUNCIL BUSINESS A. Continued: Select Senior Living Development 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. 7:05 Public Hearing, First Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a Section for Senior Housing Developments. C. Resolution 7329 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009. D. Resolution 7331, Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7330, Authorizing License Fee(s) for Rental Housing C. Resolution 7332, Approving the Non-Union Retirement Health Savings Plan D. Set a Public Hearing for Monday, September 22, 2008 at 7:05pm to Consider a Major Subdivision and PUD Amendment to Add “Retail” as an Allowed Use at the Mermaid, 2200 County Highway 10. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 28, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, October 6, 2008 at 7:00 p.m. Next Council Meeting: Monday, September 22, 2008 at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 8, 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 7. COUNCIL BUSINESS A. Continued: Select Senior Living Development 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. 7:05 Public Hearing, First Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a Section for Senior Housing Developments. C. Resolution 7329 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009. D. Resolution 7331, Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7330, Authorizing License Fee(s) for Rental Housing C. Resolution 7332, Approving the Non-Union Retirement Health Savings Plan D. Set a Public Hearing for Monday, September 22, 2008 at 7:05pm to Consider a Major Subdivision and PUD Amendment to Add “Retail” as an Allowed Use at the Mermaid, 2200 County Highway 10. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 28, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, October 6, 2008 at 7:00 p.m. Next Council Meeting: Monday, September 22, 2008 at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 8, 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 7. COUNCIL BUSINESS A. Continued: Select Senior Living Development 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. 7:05 Public Hearing, First Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a Section for Senior Housing Developments. C. Resolution 7329 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009. D. Resolution 7331, Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7330, Authorizing License Fee(s) for Rental Housing C. Resolution 7332, Approving the Non-Union Retirement Health Savings Plan D. Set a Public Hearing for Monday, September 22, 2008 at 7:05pm to Consider a Major Subdivision and PUD Amendment to Add “Retail” as an Allowed Use at the Mermaid, 2200 County Highway 10. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 28, 2008, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, October 6, 2008 at 7:00 p.m. Next Council Meeting: Monday, September 22, 2008 at 7:00 p.m. Item No:7A Meeting Date: September 8, 2008 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Continued: Review and Consideration of a Rezoning, Development Review, Major Subdivision, and Conditional Use Permit for the “Select Senior Living” 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 Updated Information: At the August 25, 2008 City Council meeting, the Council postponed action to allow the developer a chance to move the Groveland access further south, and for the City to receive comments from Ramsey County regarding this proposed plan. The original Council August 25th staff report is included with this update, with Ordinance 813 and Resolution 7321 for Council consideration. Staff received comments back from Ramsey County (attached), and also spoke with their Public Works Director who indicated that the county is not concerned with where the driveway entrance onto Groveland would be located. The traffic engineer had very few comments about the site plan and the primary requirement was for a right turn lane to be restriped along County Highway 10 into the main entrance. Staff has been working with the developer and his engineer to redesign the Groveland access to the site. The latest plan shows the driveway access approximately 70 feet to the south and it lines up with the driveway across the street at 8025 Groveland. In maki this change, additional Black Hills Spruce trees were added along the property line to help Select Senior Living Update Report September 8, 2008 Page 2 screen the house at 8030 Groveland Road. The privacy fence along the north property lines has been increased in height to an eight foot fence, except where it reaches the front of the house at 8030 Groveland Road. City code does not allow fences taller than four feet to extend beyond the front line of a house. The project engineer was able to fit in eight proof of parking stalls with the new layout. The developer is currently doing soil borings for Rice Creek Watershed District to determine the size and horizontal or vertical placement of the underground stormwater storage containers. On August 26th staff visited the 90 unit Southview Senior Housing facility in West St. Paul (www.southviewseniorliving.com) that was developed by Select Senior Living and opened in November 2005. In talking with their residence director, staff learned that they receive two food deliveries per week, and the trash also is picked up two times per week. All of these are done well within normal daytime business hours. Deadline for Action: This application was accepted on July 17, 2008 and in accordance with MN Statute 15.99, a decision by the City shall be made within 60 days of application acceptance. The deadline for City action for this request is September 15, 2008 unless the city exercises its option to extend the timeline for another 60 days. 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. Comments from Ramsey County Public Works 2. Property Tax Analysis 3. Updated Landscape Plan 4. Updated Layout Plan Mark Beer, Finance Director prepared this property tax analysis for the new senior housing development versus the existing 3 single family homes. Updated Landscape Plan 9-4-08 Updated Layout Plan 9-4-08 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 8th day of September, 2008. Second reading and adoption by the City Council of the City of Mounds View on this 13th day of October, 2008. _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ James Ericson, Clerk - Administrator (SEAL) 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 8th day of September, 2008. _________________________________________ Rob Marty, Mayor ATTEST: _________________________________________ James Ericson, Clerk - Administrator (SEAL) Item No: 7B Meeting Date: September 8, 2008 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Review Amendments to Zoning Code Relating to PUD and Senior Housing Introduction: At the July 7, 2008 Council Worksession, staff discussed a proposal to make amendments to the zoning code about Planned Unit Developments and senior housing. The City Council agreed with staff’s proposal and authorized staff to work with the Planning Commission to prepare changes to the code for senior housing. Discussion: Based on the Planning Commission’s direction at the July 23, 2008 meeting, Staff made a few more changes to the new code section for senior housing that amends the Zoning Code to add a section addressing senior housing developments. On August 6, 2008, the Planning Commission unanimously recommended approval for this addition to the code. The proposed new language is: g. Senior Housing: (1) The building must have at least 60 percent of its units designated for assisted living or memory or Alzheimer’s care for the city to consider the project or building as a planned unit development. (2) The tract of land for which a planned unit development, senior housing project is proposed and permit requested shall contain not less than two (2) acres of land. (3) The senior housing building shall not have more than three (3) stories above grade. (4) The front, side and rear yard restrictions at the periphery of the planned unit development site, at a minimum, shall be: (a) Front = 30 feet (b) Side = 20 feet (c) Rear = 30 feet, or 50 feet if abutting residential PUD/Senior Housing Code Amendment Page 2 September 8, 2008 (5) The parking recommendations are as follows, unless the City Council determines more or less parking stalls would serve a better purpose: Parking spaces required are: (a) Independent living = 1 space per unit with half of the spaces enclosed (b) Assisted living = 0.5 spaces per unit (c) Nursing homes and memory care = 1 space for every 4 beds (d) Facility staff = 1 space for every employee on the largest shift (6) The permanent residents residing in independent living units shall be limited to persons who are 55 years of age or over except that one other person may reside in any senior or elderly housing unit including his or her spouse, parent, foster parent, or legal guardian. (6) The permanent residents shall be limited to persons who are 55 years of age or over except that one other person may reside in any senior or elderly housing unit including his or her spouse, parent, foster parent, or legal guardian. The City Council should hold the public hearing and review the proposed ordinance as it does with all amendments to the Zoning Code. Recommendation: City Staff is recommending approval of Ordinance 814, which amends the Mounds View Zoning Code to add language about senior housing. Ordinance 814 is attached for your consideration. Respectfully submitted, ________________________ Heidi Heller Planning Associate MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 890-08 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA R ESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1120 OF THE MOUNDS VIEW ZONING CODE TO ADD A SECTION FOR SENIOR HOUSING WHEREAS, the City Council has directed that a definition be added to the Zoning Code to address senior housing and Planned Unit Developments; and, WHEREAS, City staff has prepared a section to be added to Chapter 1120 of the Mounds View Zoning Code, to read as follows: g. Senior Housing: (1) The building must have at least 60 percent of its units designated for assisted living or memory or Alzheimer’s care for the city to consider the project or building as a planned unit development. (2) The tract of land for which a planned unit development, senior housing project is proposed and permit requested shall contain not less than two (2) acres of land. (3) The senior housing building shall not have more than three (3) stories above grade. (4) The front, side and rear yard restrictions at the periphery of the planned unit development site, at a minimum, shall be: (a) Front = 30 feet (b) Side = 20 feet (c) Rear = 30 feet, or 50 feet if abutting residential (5) The parking recommendations are as follows, unless the City Council determines more or less parking stalls would serve a better purpose: Parking spaces required are: (a) Independent living = 1 space per unit with half of the spaces enclosed (b) Assisted living = 0.5 spaces per unit (c) Nursing homes and memory care = 1 space for every 4 beds (d) Facility staff = 1 space for every employee on the largest shift Resolution 890-08 Page 2 (6) The permanent residents residing in independent living units shall be limited to persons who are 55 years of age or over except that one other person may reside in any senior or elderly housing unit including his or her spouse, parent, foster parent, or legal guardian. WHEREAS, amending the Zoning Code to incorporate senior housing in Planned Unit Developments will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1120 of the Mounds View Zoning Code by incorporating senior housing into the Planned Unit Development section as defined herein. 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) ORDINANCE NO. 814 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN AMENDMENT TO CHAPTER 1120 OF THE MOUNDS VIEW ZONING CODE TO ADD A SECTION FOR SENIOR HOUSING THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1120 of the Mounds View Zoning Code be amended by adding a section for senior housing as follows: g. Senior Housing: (1) The building must have at least 60 percent of its units designated for assisted living or memory or Alzheimer’s care for the city to consider the project or building as a planned unit development. (2) The tract of land for which a planned unit development, senior housing project is proposed and permit requested shall contain not less than two (2) acres of land. (3) The senior housing building shall not have more than three (3) stories above grade. (4) The front, side and rear yard restrictions at the periphery of the planned unit development site, at a minimum, shall be: (a) Front = 30 feet (b) Side = 20 feet (c) Rear = 30 feet, or 50 feet if abutting residential (5) The parking recommendations are as follows, unless the City Council determines more or less parking stalls would serve a better purpose: Parking spaces required are: (a) Independent living = 1 space per unit with half of the spaces enclosed (b) Assisted living = 0.5 spaces per unit (c) Nursing homes and memory care = 1 space for every 4 beds (d) Facility staff = 1 space for every employee on the largest shift Ordinance 814 Page 2 (6) The permanent residents residing in independent living units shall be limited to persons who are 55 years of age or over except that one other person may reside in any senior or elderly housing unit including his or her spouse, parent, foster parent, or legal guardian. SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 8th day of September, 2008. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 22nd day of September, 2008. _____________________________________ Rob Marty, Mayor ATTEST: _______________________________ Jim Ericson, Clerk-Administrator (seal) Item No:7.C. Meeting Date: September 8, 2008 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7329 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 State law requires that the City certify a proposed 2009 General Fund Budget and proposed 2009 property tax levy to Ramsey County by September 15, 2008. This was last discussed at the September 2, 2008 work session. The City Council had directed staff to use a preliminary total levy increase of 0%, which includes all special levies. After working thru the state formula for the additional special levy for police personnel costs and talking with the Department of Revenue there is no significant benefit to this new special levy. It was the City Council’s desire to have no increase in the levy over the previous year. The proposed levy (3,799,393) will be a slight decrease over 2008 (3,838,334) of $38,941 or a reduction of 1%. Once this amount is set, the levy can not be increased. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7329 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 WHEREAS, current state statute requires cities to certify a proposed budget and tax levy to the county auditor; and, WHEREAS, guidelines established by the Commissioner of Revenue require certification to occur on or before September 15, 2008; and WHEREAS, the Department of Revenue has certified the amount of Local Government Aid payable in 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the proposed budget for the General Fund for fiscal year 2009 is $6,064,606. BE IT FURTHER RESOLVED that the proposed 2009 base property tax levy is $3,210,748 and the proposed 2009 special levies are $588,645 for a total net property tax levy of $3,799,393. BE IT FURTHER RESOLVED that the Finance Director shall certify these amounts to the Ramsey County Auditor. Adopted this 8th Day of September 2008. ______________________________ Rob Marty, Mayor (ATTEST) ______________________________ Jim Ericson, Clerk-Administrator (SEAL) Item No: 7.D Meeting Date: September 8, 2008 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7331 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 The City of Mounds View is not required to hold a Truth in Taxation public hearing as a result of no increase in the 2009 levy over the previous year. The public hearing however provides an opportunity for public input prior to adopting a budget and property tax levy for 2009. The State has reserved Monday, December 1, 2008 and Monday, December 8, 2008 for use by cities. Cities may select other days if they wish, but then must work around dates selected by counties, school districts, and special districts that were given priority for those dates by the State. I recommend that since the Mounds View City Council normally meets on Mondays, that the initial Truth in Taxation public hearing be held on Monday, December 1, 2008 and that the continuation public hearing be held on Monday, December 8, 2008. The continuation public hearing may be part of the regular City Council meeting on Monday, December 8, 2008. Final adoption of the a budget and property tax levy for 2009 may happen at the regular City Council meeting on Monday, December 8, 2008. The attached resolution establishes December 1, 2008 and December 8, 2008 as the dates for the Truth in Taxation public hearings. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7331 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2009 WHEREAS, the City is not required to hold a truth in taxation hearing under the truth in taxation laws, as part of the budget process to adopt its final General Fund Budget and Property Tax Levy for fiscal year 2009; and, WHEREAS, the City Council would like to provide an opportunity for public comment at a public hearing on the 2009 General Fund Budget and Property Tax Levy; and WHEREAS, the City Council must select dates for an initial public hearing and a continuation public hearing; and WHEREAS, certification of the public hearing dates to the Ramsey County Auditor must occur on or before September 15, 2008. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the initial Truth in Taxation public hearing will be held on Monday, December 1, 2008 at 6:00 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the continuation Truth in Taxation public hearing, if needed, will be held as part of the regular City Council meeting on Monday, December 8, 2008 at 7:05 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the adoption of the final General Fund Budget and Property Tax Levy for fiscal year 2009 may occur as part of the regular City Council meeting on Monday, December 8, 2008 at 7:05 p.m. at the Mounds View City Hall. BE IT FURTHER RESOLVED that the Finance Director shall certify these dates to the Ramsey County Auditor. Adopted this 8th Day of September 2008. ______________________________ Rob Marty, Mayor (ATTEST) ______________________________ Jim Ericson, Clerk-Administrator (SEAL) Item No: Meeting Date: September 8, 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. Bob Pankan & Sons Concrete & Masonry Masonry/Concrete New Hansen Plumbing, Heating & Air, Inc. HVAC New Lawrence Sign Sign Installation Renewal More’s Burner Service HVAC New North Country Aire HVAC New St. Paul Plumbing & Heating Co. HVAC Renewal Staff Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: 09-08-08 Type of Business: Consent Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jeremiah Anderson, Housing/Code Enforcement Inspector Ken Roberts, Community Development Director Item Title/Subject: License fees for rental housing Date of Report: September 3, 2008 Introduction: Ordinance 802 expanded the City’s existing rental dwelling license program by requiring the owners of all single-family homes, townhomes, and condominium units that use their properties as rental dwellings to obtain a city rental dwelling license. The second reading and adoption of Ordinance 802 occurred at the February 25, 2008 council meeting. However, the City has not yet set a license fee for single-family rental units. This report is to set a license fee and a reinstatement fee for these units. Background: At the January 28, 2008 Council meeting, the City Council directed staff to notify all owners of known rental dwellings that the Council would be taking action on Ordinance 802 on February 25, 2008. On February 1, 2008, city staff prepared and mailed a letter explaining Ordinance 802 to these property owners and sent a press release to the New Brighton Bulletin and Focus newspapers. At the February 25, 2008 council meeting, when the Council adopted Ordinance 802, there was some discussion about a license fee but to date the City has not yet set a license fee for single-family rental units. On September 2, 2008, the city council, during their work session, directed staff to prepare a resolution setting the fees for rental dwellings with one unit, for rental dwellings with multiple units, a city reinspection fee for rental housing and a reinstatement fee. Discussion: The 2008 fee schedule for multiple dwelling licensing fee stands at eight dollars per dwelling unit with a minimum license fee of $50. Under this formula a duplex and four- plex would have a license fee of $50 while one 35-unit building in the Scotland Green Complex, the largest multiple dwelling complex in the City, would be $280. License fees for rental housing Page 2 of 5 Staff contacted several neighboring cities to determine rental dwelling license fees and has learned the following. Blaine has a $60 annual license fee for single-family dwellings while multiple dwellings have a $50 base fee and a $10-per dwelling unit fee. Shoreview 2008 fee schedule reflects a $50 fee for single-family dwellings with multiple dwellings at a $100 base fee plus a $7-per unit fee; the per-unit fee is reduced to $5 per unit for participation in the Ramsey County Crime Prevention Program. New Brighton does not license and inspect single-family rental property. The 2008 New Brighton fee schedule establishes no base fee and a per-unit fee of $10.25 per unit plus an additional $5 per unit for crime free multi housing. This is a different approach from Shoreview and Mounds View; both cities offer a discount for participating in Crime Prevention Activities. New Brighton also directs $5 of each unit fee into a special fund to offset the cost of a dedicated Crime Free Multi-Housing police officer. During previous discussions about this, the City Council requested that license fees closely reflect the actual cost of delivering the service. In order to set this, the finance department determined that the actual hourly cost, including FICA, Medicare, workers comp insurance and fringe benefits rates, for the housing/code enforcement inspector will be $34.25 in 2009. When analyzing the scenario for single-family rental dwellings, city staff used the following parameters: Mounds View Single Family Rental Dwellings Scheduling 15 minutes = .25 Initial Inspection 30 minutes = .50 Report Writing 15 minutes = .25 Total 1.0 Hours @ $34.25 Follow Up Inspection 15 minutes = .25 Report Writing 15 minutes = .25 Total .50 @ $34.25 = $17.13 Inspection totals $51.38 It is reasonable to assess miscellaneous administrative costs into the above inspection total to take into account costs such as paper, postage, copy machine usage, and the time of the community development administrative assistant to process returned applications and enter into the database. Therefore, the actual cost to the City for inspecting a single-family rental unit is near $60. Using the following example on an apartment building with multiple rental dwellings yields the following: License fees for rental housing Page 3 of 5 Multi Family Rental Dwellings a.Scheduling 15 minutes = .25 b. Initial Inspection 15 minutes per dwelling unit = .25 Cost per unit .25 x $34.25 = $8.56 c. Report Writing 15 minutes = .25 Total (a+b+c) .75 Hours @ $34.25 = $25.69 d. Follow Up Inspection 15 minutes = .25 e. Report Writing 15 minutes = .25 Total (d+e) .50 @ $34.25 = $17.13 Grand total $42.82 A housing maintenance inspection of a dwelling unit inside an apartment building takes about 15 minutes (.25 hour) or .25 x $34.25 = $8.56. The City now charges a license fee of $8 per unit. While this per unit cost is very close to the actual cost of the inspection itself, it does not adequately represent the resources the city uses to schedule the inspection; report writing; miscellaneous office costs such as postage, paper, photo copying; and the labor of the Administrative Assistant to update the rental dwelling license database. It would be reasonable to establish a base fee for apartment buildings with more than four units plus the per unit fee of $8. Previous discussion at the December work session centered on a $50 base fee plus additional inspection fees. The 2008 fee schedule also establishes a housing maintenance reinspection fee at $25. The following scenario is provided here for discussion. Rental Dwelling License Re-Inspections Scheduling 15 minutes = .25 Re-inspection 15 minutes = .25 Report Writing 15 minutes = .25 Total .75 Hours @ $34.25 = $25.69 Again, this cost represents the actual cost of the inspection itself and does not include postage, paper, photocopying, and additional consultation via telephone and in person (which is common for reinspections). Of course, the City council may wish to set the reinspection fee above actual costs to provide a disincentive for such actions. For perspective, the 2008 fee schedule establishes a reinspection fee of $47 for reinspections during building permit inspections. License fees for rental housing Page 4 of 5 Recommendation: Staff recommends that the City Council approve Resolution 7330 that sets the following city fees: 1. Rental dwellings with one rental dwelling unit - $60.00 2. Rental dwellings with multiple units - $60.00 plus $8.00 per unit 3. Reinspection fee - $47.00 4. Reinstatement fee (for cases where the license is suspended) - $250.00 Respectfully submitted, Jeremiah Anderson Housing/Code Enforcement Inspector RESOLUTION NO. 7330 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AUTHORIZING VARIOUS FEES FOR RENTAL HOUSING IN MOUNDS VIEW WHEREAS, the City Council adopted Ordinance 802 on February 25, 2008, that requires the owners of single dwellings that want to use them as rental properties to get a rental housing license from the City; and WHEREAS, Mounds View desires to recover some or most of the city’s costs for the inspection and management of the rental housing inspection program in the city; and WHEREAS, the City needs to set the fees to charge the owners of rental housing in Mounds View to help recover the costs of the program; and NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby authorize the following fees be effective September 15, 2008: 1. Rental dwellings with one rental dwelling unit - $60.00 2. Reinspection fee - $47.00 3. Reinstatement fee (for cases where the license is suspended) - $250.00 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby authorize the following fee be effective January 1, 2009: 1. Rental dwellings with multiple units - $60.00 plus $8.00 per unit Adopted this 8th day of September 2008. Rob Marty, Mayor ATTEST: James Ericson, City Clerk-Administrator (SEAL) POLICY: RETIREMENT HEALTH SAVINGS PLAN SECTION: 3.45 The City of Mounds View offers its employees a Retirement Health Savings Plan pursuant to Internal Revenue Code regulations through a third party administrator selected by the City. The following contributions will be allowed to the Retirement Health Savings Pan (RHSP): A. Upon separation from the City, employees who have completed two or more years of service and leave the City in good standing shall contribute fifty percent (50%) of their unused sick leave calculated against a maximum accumulation as follows: Base cap = 960 hours. The base cap shall be increased by 20 hours per year for each year employed beyond ten years. Thus a 15-year employee’s cap would be 1060 hours and a twenty-year employee’s cap would be 1160 hours. Employees with less than two years of service with the City are not eligible to contribute sick leave hours to the RHSP and have no right to any payout of unused sick leave hours. Employees who had completed ten years of service by January 1, 2008, shall, upon separation, be eligible to contribute remaining sick leave hours to RHSP at a 65% bonus rate rather than the otherwise stated 50% rate. (The bonus rate applies ONLY to sick leave hours converted at separation subject to the maximum contribution listed above.) Sick leave balances in excess of the above described cap are not eligible for contribution or payout in any form, except as follows: Employees having accrued a balance of 1,400 or more sick leave hours as of September 1, 2008 shall be eligible for an expanded maximum contribution equivalent to the highest sick leave balance carried during 2008. B. Upon separation from the City, employees who have completed two or more years of service and leave the City in good standing shall contribute 100% accrued vacation compensation to the RHSP. C. Employees who have accumulated 480 or more hours of sick leave shall contribute their excess balance to the RHSP at a 2 to 1 ratio with a maximum annual contribution of 160 hours (80 hours converted) or that amount which brings the employee’s sick leave balance down to 480 hours—whichever is less. The City shall calculate and process the annual employee contribution to the RHSP on the first payroll period of November of each year. D. In addition to the above, non-exempt employees shall contribute three percent (3%) of their salary per payroll period toward the RHS plan. E. In addition to the above, POST Certified Employees shall contribute five percent (5%) of their salary per payroll period toward the RHS plan. Item No. 08C Type of Business: CA Date: September 8, 2008 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 7332, Approving the Non-Union Retirement Health Savings Plan Introduction Due to the new Internal Revenue Service regulations, previously agreed plans relating to employee contributions to the Retirement Health Savings Plan need to be restructured. Non-union employees had numerous meetings on developing a Non- Union Retirement Health Savings Plan. Discussion Attached is the Non-Union Retirement Health Savings Plan, which revises Section 3.45 of the Mounds View Personnel Manual. This plan was discussed and reviewed by the City Council at the September 2, 2008, Work Session. After review, it was the consensus of the City Council to place the Non-Union Retirement Health Savings Plan on the Consent Agenda for City Council approval. Recommendation Staff recommends approval of Resolution 7332, Approving the Non-Union Retirement Health Savings Plan. Respectfully submitted, Desaree Crane RESOLUTION NO. 7332 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE NON-UNION RETIREMENT HEALTH SAVINGS PLAN WHEREAS, due to the new Internal Revenue Service regulations, previously agreed plans relating to employee contributions to the Retirement Health Savings Plan need to be restructured; and WHEREAS, non-union employees had numerous meetings on developing a Non-Union Retirement Health Savings Plan. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council revises Section 3.45 of the Mounds View Personnel Manual as follows: POLICY: RETIREMENT HEALTH SAVINGS PLAN SECTION: 3.45 The City of Mounds View offers its employees a Retirement Health Savings Plan pursuant to Internal Revenue Code regulations through a third party administrator selected by the City. The following contributions will be allowed to the Retirement Health Savings Pan (RHSP): A. Upon separation from the City, employees who have completed two or more years of service and leave the City in good standing shall contribute fifty percent (50%) of their unused sick leave calculated against a maximum accumulation as follows: Base cap = 960 hours. The base cap shall be increased by 20 hours per year for each year employed beyond ten years. Thus a 15-year employee’s cap would be 1060 hours and a twenty-year employee’s cap would be 1160 hours. Employees with less than two years of service with the City are not eligible to contribute sick leave hours to the RHSP and have no right to any payout of unused sick leave hours. Employees who had completed ten years of service by January 1, 2008, shall, upon separation, be eligible to contribute remaining sick leave hours to RHSP at a 65% bonus rate rather than the otherwise stated 50% rate. (The bonus rate applies ONLY to sick leave hours converted at separation subject to the maximum contribution listed above.) Sick leave balances in excess of the above described cap are not eligible for contribution or payout in any form, except as follows: Employees having accrued a balance of 1,400 or more sick leave hours as of September 1, 2008 shall be eligible for an expanded maximum contribution equivalent to the highest sick leave balance carried during 2008. B. Upon separation from the City, employees who have completed two or more years of service and leave the City in good standing shall contribute 100% accrued vacation compensation to the RHSP. C. Employees who have accumulated 480 or more hours of sick leave shall contribute their excess balance to the RHSP at a 2 to 1 ratio with a maximum annual contribution of 160 hours (80 hours converted) or that amount which brings the employee’s sick leave balance down to 480 hours—whichever is less. The City shall calculate and process the annual employee contribution to the RHSP on the first payroll period of November of each year. D. In addition to the above, non-exempt employees shall contribute three percent (3%) of their salary per payroll period toward the RHS plan. E. In addition to the above, POST Certified Employees shall contribute five percent (5%) of their salary per payroll period toward the RHS plan. Adopted this 8th day of September 2008. ______________________________ Rob Marty, Mayor ATTEST: ______________________________ Jim Ericson, Clerk-Administrator (SEAL) Changes made by Council Member Mueller 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 Winicki, 2748 Sherwood Road said that he called Ramsey County to find out who owns the 31 right-of-way and Ramsey County did not know. He then said that he talked to Mr. Ericson who 32 told him that the City owns the right-of-way and can do what it wants there. 33 34 Mr. Winicki 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 Lowe 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. They are a lobbying body that works closely with the 8 League of Minnesota Cities. They worked with the City of Minnetonka on their electronic 9 billboard issues. 10 11 Council Member Mueller asked whether there has been any feedback from the rural communities 12 on the focusing of transportation dollars on the metro areas where the most people live. 13 14 Mr. Jambois said there hasn’t been a lot of feedback yet on this recent change. 15 16 Mayor Marty noted that the City used to be members but had to reduce memberships due to 17 tough economic times. He then said that the Council would consider this during the budgeting 18 process. 19 20 Valerie Amundson of 3048 Wooddale Drive asked if each City’s vote is equal or proportional 21 based on population. 22 23 Mr. Jambois said that each vote would receive one vote. 24 25 7. COUNCIL BUSINESS 26 27 A. Continued Public Hearing: Second Reading and Adoption of Ordinance 810, 28 Amending Chapter 8 (Public Improvements and Special Assessments), and 29 Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View 30 City Charter 31 32 Clerk Administrator Ericson noted that this is something that the Charter Commission and City 33 Staff have been working on for the past year. This would provide the City with an opportunity to 34 have unpaid fines certified to property taxes. 35 36 Mayor Marty closed the public hearing at 7:43 p.m. 37 38 MOTION/SECOND: Stigney/Flaherty. To Waive the Reading and Adopt Ordinance 810, 39 Amending Chapter 8 (Public Improvements and Special Assessments), and Chapter 12 40 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. 41 42 Council Member Stigney thanked the Charter Commission for its work on this matter. 43 44 ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 3 1 Ayes – 5 Nays – 0 Motion carried. 2 3 B. Resolution 7307, Approving Various Design Issues for the 2009 - 2010 Street 4 and Utility Improvement Project 5 6 Joe reviewed Resolution 7307 listing the issues for the 2009 – 2010 Street and Utility 7 Improvement Project. 8 9 Julie Ann Lowe said that in examining the summary of public comment, one of the questions 10 was parking options and how many people would like no parking on Hillview, one parking lane, 11 or two parking lanes. The summary indicates it was close between one and two parking lanes. 12 13 Staff and Council discussed a “choker” for traffic calming reasons and how that would affect 14 construction costs for the project. 15 16 Council Member Stigney said that he feels that a choker may be beneficial coming off of 17 Highway 10 or at Long Lake Road but he is concerned about using several chokers but would 18 consider one at each end. In addition to street maintenance concerns with chokers, the Council 19 requested the additional expense information for what each choker would cost. 20 21 Council Member Stigney said that he would like to have parameters defined by the Council as to 22 how to handle the rain gardens on this project. 23 24 Joe indicated that the project is being designed according to Rice Creek Watershed District and 25 once the permit is approved the rules are locked in. However, there is a possibility that the rules 26 could change for the next phase of the project. 27 28 Joe agreed to amend the document to require that a traffic management plan would be 29 recommended for traffic calming measures. 30 31 Council agreed to amend the Resolution title to add the word preliminary. 32 33 Valerie Amundson said that the Task Force is concerned with add ons with the up front projects 34 and running short of funding for the later projects. 35 36 Council Member Mueller asked for information on cost savings using the rain gardens versus 37 other water treatment methods. 38 39 Council Member Mueller indicated that she would hate to be in a situation where the plans have 40 to be amended to remove a piece of the project that Council determines is not needed. She 41 doesn’t want to see the City go to the expense of designing a project with chokers and then have 42 to pay again to have them removed. 43 44 Mounds View City Council July 28, 2008 Regular Meeting Page 4 Joe indicated that once the detailed drawings are done there would be a cost to remove those 1 items from the plans. He then recommended that Council and the Committee work together up 2 front to ensure that changes are not needed. 3 4 Mayor Marty noted that preliminary was added in the title of the Resolution and the other item 5 was Red Oak Drive was amended to remove chokers and insert general traffic calming methods. 6 7 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7307, 8 Approving Various Design Issues for the 2009 - 2010 Street and Utility Improvement Project, as 9 ammended. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 Julie Ann Lowe of Sunnyside Road commented that the finances are a strong consideration with 14 the design so she wonders if it was discussed how much of a savings it would be if Hillview 15 Road were 32 feet like Red Oak Drive and noted that Red Oak Drive has similar traffic counts to 16 Hillview. 17 18 C. Resolution 7304, Approving the 2008 Festival in the Park Contract 19 20 Assistant Clerk Administrator Crane reviewed Resolution 7304 approving the Festival in the 21 Park Contract. 22 23 Council Member Stigney asked for the total amount being asked for in the Resolution. 24 25 Crane indicated that it is $5,300 from the City and $275 from the Festival Committee and the 26 private donation from Bethlehem Baptist was not added to the Contract. 27 28 Council Member Stigney asked if the $5,260 is all going to the Festival in the Park. Ms. Crane 29 indicated it was. Stigney indicated that he would like to reconsider that for next year. 30 31 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7304, 32 Approving the 2008 Festival in the Park Contract. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 D. Resolution 7302, Authorizing a Step Increase for Officer Peter Berling, 37 Mounds View Police Department. 38 39 Assistant Clerk Administrator Crane indicated that the City Attorney has agreed that state law 40 and the LELS contract authorize a step increase despite the fact that he has been out with a 41 worker’s compensation injury. 42 43 MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7302, Authorizing a Step 44 Increase for Officer Peter Berling, Mounds View Police Department. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 5 1 Council Member Stigney asked whether the internal investigation has been completed. 2 3 Assistant Clerk Administrator Crane indicated that this is not an internal investigation but it is 4 practice to have another agency research the circumstances surrounding the situation. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 E. Resolution 7303, Authorizing a Step Increase for Don Burda, Full Time 9 Temporary Building Inspector. 10 11 Clerk Administrator Ericson noted that a step increase is due to Mr. Burda as he has been rated 12 satisfactory by his supervisor. The end date for this position will be discussed at the work 13 session. Staff recommends approval of the step increase as this is a separate issue. 14 15 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7303, a 16 Step Increase for Don Burda, Full Time Temporary Building Inspector. 17 18 Council Member Stigney indicated that this was brought up May 28th and we are at the end of 19 July already. 20 21 Council Member Mueller clarified that the project this person was hired for has run its course 22 and that is why the position would be eliminated, this has nothing to do with the individual or 23 any performance issues. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 F. Resolution 7306, Approving the Purchase of Two Replacement Police Squad 28 Cars 29 30 Chief Sommer noted that this Resolution will replace the two squad cars totaled in a collision. 31 Both officers are back to work with no restrictions. The funding to replace the cars is included in 32 the report. 33 34 Council Member Stigney said that the insurance company rated the value of the squads was only 35 $28,298. He then asked for the individual values. 36 37 Chief Sommer indicated that the 2005 vehicle had a lower value but he does not have the 38 separate values with him. 39 40 Council Member Stigney asked whether the salvage value has been considered and whether the 41 vehicles should be kept for parts. He then said that there is not much of a value coming back for 42 giving the vehicles away. He further said he would like someone to look at what may be of value 43 with the vehicles. 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 6 Chief Sommer indicated that there is a higher value but this calculates in the deductible. 1 2 Clerk Administrator Ericson indicated that he has seen the vehicles and the damage is so 3 significant that Staff does not feel it is worth the effort to attempt to salvage any parts. 4 5 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7306, 6 Approving the Purchase of Two Replacement Police Squad Cars. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 G. Resolution 7308, Authorizing Purchase of a Grinder for the Groveland Road 11 Lift Station 12 13 Mayor Marty noted that this matter was discussed at a work session. 14 15 Steve from Public Works addressed Council and reviewed the Resolution authorizing the 16 purchase of a grinder for the Groveland Road Lift Station. 17 18 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7308, 19 Authorizing Purchase of a Grinder for the Groveland Road Lift Station. 20 21 Council Member Mueller said that her Motion includes approval of the lower bid and 22 overhauling the pumps after the installation of the grinder. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 H. Resolution 7310, Authorizing the hire of Michael Strand, to the Part Time 27 Cable TV Technician position in the Administration Department. 28 29 Assistant Clerk Administrator Crane noted that the position was advertised and the City received 30 12 applications and Staff interviewed 6 of those candidates. Mr. Strand was chosen as the most 31 qualified for the position and all reference checks were completed satisfactorily. 32 33 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7310, 34 Authorizing the Hire of Michael Strand to the Part Time Cable TV Technician Position in the 35 Administration Department. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 I. Resolution 7311, Approving the 2008-2009 AFSCME Union Contract 40 41 Assistant Clerk Administrator Crane indicated that the AFSCME has agreed unanimously to the 42 contract terms. The highlights are 3% wage increases, revisions in accordance with new 43 regulations were made along with holiday language revisions. Staff recommends approval. 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 7 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7311, 1 Approving the 2008 – 2009 AFSCME Union Contract. 2 3 Council Member Stigney commented that he had a question as to if there are changes in the sick 4 leave policy within the next two years he would like something in the contract that states that 5 portion would be reopened for contract discussions. 6 7 Mayor Marty thanked Jim, Des and the employees for the good faith bargaining on this contract. 8 9 Council Member Stigney indicated that he would like the option in future contracts to be able to 10 open it up for discussion if there is a change needed to health care or other benefit. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 8. CONSENT AGENDA 15 16 A. Licenses for Approval 17 B. Resolution 7309, Authorizing a Charitable Gambling Two-Day Permit 18 (BINGO) for the Mounds View Community Theatre on August 16 and 17, 19 2008 for Mounds View Festival in the Park. 20 C. Resolution 7305, Approving an Amendment to the YMCA Agreement for 21 Professional Services – Event Center Staff. 22 23 Council Member Mueller requested that Item B be removed for discussion. 24 25 MOTION/SECOND: Stigney/Hull. To Approve Consent Agenda Items A and C as Presented. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 B. Resolution 7309, Authorizing a Charitable Gambling Two-Day Permit 30 (BINGO) for the Mounds View Community Theatre on August 16 and 17, 31 2008 for Mounds View Festival in the Park 32 33 Council Member Mueller said that the Mounds View Community Theatre always puts on a first 34 class presentation and asked that all residents consider supporting their bingo fundraiser during 35 Festival in the Park. 36 37 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7309, 38 Authorizing a Charitable Gambling Two-Day Permit (BINGO) for the Mounds View Community 39 Theatre on August 16 and 17, 2008 for Mounds View Festival in the Park. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 9. JUST AND CORRECT CLAIMS 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 8 Council Member Mueller referenced Page 3, a squad repair for Blaine Auto Body in the amount 1 of $4,500 and asked if that was a previous accident and then said that she would like a squad 2 number for tracking purposes. 3 4 Finance Director Beer indicated that vehicle information is tracked to determine costs by squad. 5 6 Council Member Mueller, On Page 5, there is tax increment administration under Ehlers and she 7 would like to know where that falls in the budget. 8 9 Finance Director Beer explained that tax increment items are handled in the EDA budget. 10 11 Council Member Flaherty asked about the Floors by Steve and whether the issues with the 12 Community Center floor were resolved. 13 14 Clerk Administrator Ericson indicated that a heat treatment was being used to draw out the marks 15 and add another layer of varnish over the floor. 16 17 Council and Staff discussed the contractor being used for mowing blighted properties. Clerk 18 Administrator Ericson said that Staff would not use them if the job is not done appropriately. 19 20 Council Member Mueller asked about the $18,000 to Heartland. 21 22 Finance Director Beer explained that is a TIF development payment for Silver Lake Point. 23 24 Council Member Mueller said that $3,800 was paid to Serco Laboratories and asked what that is 25 for. 26 27 Finance Director Beer indicated that is an annual report required by state law. 28 29 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 10. APPROVAL OF MINUTES 34 35 A. June 23, 2008, City Council Minutes 36 37 Mayor Marty Page 6, Line 44 low bidder was Allied Blacktop and Line 27 insert Mueller as the 38 second. On Page 9, Line 24, reference the title of the magazine, which is The Line Chaser. 39 40 MOTION/SECOND: Mueller/Flaherty. To Approve the June 23, 2008, City Council Minutes as 41 Amended. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 Mounds View City Council July 28, 2008 Regular Meeting Page 9 1 B. July 14, 2008, Executive Session Minutes. 2 3 MOTION/SECOND: Mueller/Stigney. To Approve the July 14, 2008, Executive Session 4 Minutes as Submitted. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 Mounds View City Council July 28, 2008 Regular Meeting Page 10 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 assistance is serving soda and 27 cookies at the Saturday matinee performance of Beauty and the Beast. 14 two-liter bottles of 28 soda and 24 dozen cookies were consumed. 29 30 Council Member Mueller indicated that volunteers are needed to help with the sales of the 31 cookbook for Festival in the Park. 32 33 Council Member Mueller asked whether the Council retreat is still scheduled for September. 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 Craft Nationals inviting vehicle owners to 37 participate in the car show at Festival in the Park. She then reminded everyone that the first 100 38 vehicles registered for the Festival in the Park Car Show receive a goody bag. 39 40 41 B. Reports of Staff 42 43 1. Finance Quarterly Report 44 45 Mounds View City Council July 28, 2008 Regular Meeting Page 11 Finance Director Beer provided the finance department quarterly report. 1 2 Council Member Stigney asked whether the refunds on assessments are scheduled to occur this 3 fall. Finance Director Beer indicated that the reimbursements are on schedule for this fall unless 4 Council determines not to do so. 5 6 2. Police Quarterly Report 7 8 Chief Sommer provided the police quarterly report for the second quarter 2008. In conclusion 9 Chief Sommer reminded Council that August 5 is National Night Out. 10 11 Clerk Administrator Ericson noted that he and Ms. Crane met regarding YMCA issues, staffing 12 issues, internal policies, and communication issues and discussed ways to implement policies and 13 procedures and how to handle programs with the YMCA. 14 15 Mayor Marty indicated that he has had issues he is not happy with regarding the YMCA so he 16 met with Pat Reimersma and Staff. This was brought up because the contract is up at the end of 17 the year and he would like to get some things fixed over there. 18 19 Clerk Administrator Ericson noted that he met with Bethlehem Baptist Church Friday to discuss 20 the second half gift provided to the City. They did not include scheduled disbursements but did 21 want to discuss with the City how the funds would be used. 22 23 Clerk Administrator Ericson noted that contract negotiations with the LELS are ongoing. He 24 then said that an executive session would be requested in August to discuss this matter with the 25 Council. 26 27 Clerk Administrator Ericson commented that the 2008 Safety Camp has been cancelled for the 28 year. There were a lot of disappointed people including kids and staff that look forward to the 29 program but, enrollment was not high enough to justify moving forward with the camp. 30 31 Staff suggested starting the August work session at 6:00 p.m. as there are a lot of items on the 32 Agenda. Council agreed. 33 34 C. Reports of City Attorney 35 36 Attorney Riggs noted a written report was provided for review. He then said that there has been 37 no further contact with Xcel regarding the gas pipeline. 38 39 Council Member Mueller asked whether the Attorney has heard of any litigation issues 40 surrounding the dynamic billboard issue in any other cites. 41 42 Attorney Riggs indicated that he is going to be bringing an Ordinance forward for Council 43 consideration but he has not had any contact or response to the letter sent out on Clear Channel’s 44 issue. 45 Mounds View City Council July 28, 2008 Regular Meeting Page 12 1 Ericson noted that the Community Development Department has begun work on updating the 2 sign ordinance. 3 4 Council Member Mueller asked whether the sale of a portion of the Mermaid property went 5 through. Clerk-Administrator Ericson indicated that the City has not taken any necessary action 6 on that and, as far as we know, the sale did not go through. 7 8 Mayor Marty noted that the Mermaid’s electronic sign took a power surge from a lightening 9 strike and that is why the sign is out right now. It is under warranty and will be repaired. 10 11 12. Next Council Work Session: Monday, August 4, 2008, at 7:00 p.m. 12 Next Council Meeting: Monday, August 11, 2008, at 7 p.m. 13 14 13. ADJOURNMENT 15 16 The meeting was adjourned at 10:12 p.m. 17 18 Transcribed by: 19 20 21 Joan Lenzmeier 22 TimeSaver Off Site Secretarial, Inc. 23