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HomeMy WebLinkAboutAgenda Packets - 2020/04/27CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 27, 2020 6:30 p.m. Webinar Link: https://zoom.us/j/93602078643?pwd=SkR2NG5zK2RGK3p3ZStkcFQ1cDZGdz09 Password: 274584 Or iPhone one-tap : US: +16465588656,,93602078643# or +13126266799,,93602078643# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 558 8656 or +1 312 626 6799 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 Webinar ID: 936 0207 8643 International numbers available: https://zoom.us/u/aW4vM99wi 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: April 13, 2020 B. Just and Correct Claims 6. PUBLIC COMMENT 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. 7. SPECIAL ORDER OF BUSINESS A. MMKR Principal Aaron Nielsen presenting the 2019 Audit 8. COUNCIL BUSINESS A. PUBLIC HEARING; Resolution 9257; Approval of a Conditional Use Permit for an Oversized Garage, 3016 Woodale Dr. B. PUBLIC HEARING; Resolution 9266; Approval of a Conditional Use Permit for an Oversized Garage; 2520 Co Rd H2 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Personnel Manual Legal Update– Zikmund/Edwards C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, May 4, 2020 at 6:30 pm NEXT COUNCIL MEETING: Monday, May 11, 2020 at 6:30 pm 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 13, 2020 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:30 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 Mayor Mueller reported this meeting was being held virtually due to the COVID-19 crisis. 14 15 2. PLEDGE OF ALLEGIANCE 16 17 3. ROLL CALL: Bergeron (joined the meeting at 7:27 p.m.), Gunn, Hull, Meehlhause, 18 Mueller 19 20 NOT PRESENT: None 21 22 4. APPROVAL OF AGENDA 23 A. Monday, April 13, 2020, City Council Agenda. 24 25 MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, April 13, 2020, agenda as 26 presented. 27 28 ROLL CALL: Gunn/Hull/Meehlhause/Mueller. 29 30 Ayes – 4 Nays – 0 Motion carried. 31 32 5. CONSENT AGENDA 33 A. Approval of Minutes: March 20, 2020 and March 23, 2020 34 B. Just and Correct Claims. 35 C. Resolution 9260, Approving Severance for Keith Czarnecki, Police Officer. 36 D. Resolution 9262, Approving Agreement for Building Official Services 37 (Contingency Plan). 38 E. Resolution 9263, Approving Electronic Signatures. 39 40 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 41 42 ROLL CALL: Gunn/Hull/Meehlhause/Mueller. 43 44 Ayes – 4 Nays – 0 Motion carried. 45 Mounds View City Council April 13, 2020 Regular Meeting Page 2 1 6. PUBLIC COMMENT 2 3 None. 4 5 7. SPECIAL ORDER OF BUSINESS 6 A. State Representative Kelly Moller. 7 1. Workers Compensation Fund. 8 9 State Representative Kelly Moller stated she appreciated the opportunity to address the Council 10 virtually. She discussed what the legislature has been up to since the COVID-19 crisis began and 11 commented on the Workers Compensation Fund with the Council. She reported the legislature 12 was meeting virtually and voting remotely. She explained healthcare funding, small business aid, 13 childcare provider assistance, food shelf and homeless shelter assistance have been top priorities. 14 She stated a lot of adjustments have been required due to COVID-19. She thanked the City 15 Council for their time and reported she was always available for questions from her constituents. 16 17 Council Member Gunn asked how the Minnesota House and Senate felt about getting the State 18 back up and running slowly. Representative Moller indicated everyone was frustrated and it was 19 hard for everyone to be apart right now. She believed Governor Walz has done a great job of 20 working with the University of Minnesota researchers and the Minnesota Department of Health 21 to look at the data. She commented on the modeling that has been followed in order to keep 22 Minnesota safe. She understood people were frustrated, but encouraged people to stay the course 23 because social distancing was working. 24 25 City Administrator Zikmund reported Council Member Bergeron was not able to get his link 26 working for the meeting, but he has been trying. 27 28 Mayor Mueller stated there were a lot of resources available from the State of Minnesota. She 29 indicated it was her hope the State would be able to assist cities in 2021 after the downturn in the 30 economy that has occurred in 2020. Representative Moller understood this would be important 31 and explained all levels of government would be impacted by this crisis. She noted the State 32 would be reviewing an updated budget in May to better understand how to get through the 33 remainder of 2020. She commented the State would be receiving federal dollars and reserves in 34 place to ensure Minnesota gets through this crisis. 35 36 Mayor Mueller questioned if the State would be able to offer any relief for Met Council 37 payments for sewage treatment. She understood residents and commercial property owners were 38 concerned about property taxes. She questioned how the State would be addressing these 39 concerns. Representative Moller encouraged residents and commercial property owners to 40 contact their County Representatives with their concerns regarding property taxes. She 41 commented she would follow up with the Mayor regarding the Met Council payment. 42 43 Council Member Gunn asked if students would be going back to school this year. Representative 44 Moller stated she was uncertain and did not have more specific information. 45 Mounds View City Council April 13, 2020 Regular Meeting Page 3 1 City Administrator Zikmund discussed how the rise in workers compensation cases would 2 increase in the coming weeks and how this burden would have to be carried by cities in the metro 3 area. He stated he was thankful that the Mounds View Police Department has not had any of its 4 officers test positive for COVID-19 to date. He understood it would benefit the City and its 5 police officers to continue practicing social distancing. He recommended the Council direct staff 6 to draft a letter for the Mayor to sign expressing the City’s support of funding to offset the 7 disproportional impact of COVID-19. 8 9 Mayor Mueller suggested action on this vote be postponed until later in the meeting to allow for 10 Council Member Bergeron to be present. The Council supported this recommendation. 11 12 8. COUNCIL BUSINESS 13 A. Public Hearing: Resolution 9256; Approval of Conditional Use Permit for an 14 Oversized Garage at 8012 Edgewood Drive. 15 16 Community Development Director Sevald requested the Council consider approval of a 17 Conditional Use Permit for an oversized garage at 8012 Edgewood Drive. He explained this 18 property was zoned R-1 and a Conditional Use Permit was required for garages larger than 952 19 square feet. It was noted the existing garage would be removed and would be replaced with a 20 new garage that will be 1,008 square feet. He reported in 2003 the City Council approved a 21 Conditional Use Permit for an oversized garage for a neighboring property. Staff commented 22 further on the request and recommended approval. 23 24 Mayor Mueller indicated these types of requests typically go before the Planning Commission. 25 She asked why this matter was not reviewed by the Planning Commission. Community 26 Development Director Sevald stated due to the COVID-19 crisis the Planning Commission did 27 not hold a meeting and make a recommendation to the City Council regarding this request. 28 29 Council Member Meehlhause commented for the record this item would have come before the 30 City Council for final approval and noted the Planning Commission was a recommending body 31 for Conditional Use Permits. 32 33 Cory Milczark, 8012 Edgewood Drive, explained he had a very small garage and he was 34 requesting a new garage in order to allow him to park his vehicles indoors. He thanked the 35 Council for their consideration of his request. 36 37 Mayor Mueller opened the public hearing at 7:11 p.m. 38 39 Hearing no public input, Mayor Mueller closed the public hearing at 7:11 p.m. 40 41 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9256; 42 Approval of Conditional Use Permit for an Oversized Garage at 8012 Edgewood Drive. 43 44 Mounds View City Council April 13, 2020 Regular Meeting Page 4 ROLL CALL: Gunn/Hull/Meehlhause/Mueller. 1 2 Ayes – 4 Nays – 0 Motion carried. 3 4 B. Resolution 9261, COVID HR Issues. 5 6 City Administrator Zikmund discussed how the COVID-19 crisis was impacting the City of 7 Mounds View. He stated staff has been working together to address human resource issues. He 8 indicated this was a volatile topic that was changing on a weekly, sometimes daily basis. He 9 explained the proposed Resolution addresses police and public works staffing. He indicated the 10 most complex issue was how to cover time off if a staff member were to become ill. He 11 described how staff was staggering hours to reduce the amount of exposure and to ensure proper 12 social distancing measures were in place. He stressed the importance of the City having a policy 13 in place to allow employees to stay home if they were sick and that this not become a fiscal 14 burden for that employee. 15 16 Human Resources Coordinator Ewald discussed the proposed COVID-19 response policy in 17 further detail with the Council. She explained forms have been created for employees that need 18 to take leave per the League of Minnesota City standards. 19 20 Mayor Mueller asked if employees could use sick or vacation hours on top of the FMLA. 21 Human Resources Coordinator Ewald reported an employee could use sick and vacation time on 22 top of FMLA to make up the difference in missing time. 23 24 City Administrator Zikmund commented staff would come back to the City Council later this 25 year if there was a concern with vacation carry over, especially with the Police Department staff. 26 27 Mayor Mueller questioned if the Council had to pick a number for the hours tonight. City 28 Administrator Zikmund requested the Council select a number 29 30 Council Member Bergeron joined the meeting at 7:27 p.m. 31 32 Council Member Hull suggested the City go with 100 hours. 33 34 Council Member Meehlhause asked if the Council could approve 100 hours at this time and 35 amend this number later. City Administrator Zikmund reported the Council could amend this 36 number at a later date. 37 38 Council Member Meehlhause recommended the Council go with 80 hours instead of 100 hours. 39 40 Mayor Mueller questioned how many hours an employee at Mounds View banks in sick leave 41 per pay period. Finance Director Beer indicated this was 3.7 hours per period. He noted it would 42 take 21 pay periods of 10½ months to recover the 80 hours. 43 44 Mayor Mueller understood that City staff was typically very healthy. However, she stated if an 45 Mounds View City Council April 13, 2020 Regular Meeting Page 5 employee were to come down with COVID-19 this employee would have to quarantine for 14 1 days. City Administrator Zikmund reported this was the case and noted if this were to happen to 2 a police officer or public works staff member the leave would be covered by workers comp. 3 4 Council Member Meehlhause explained the Council was discussing allowing an employee to 5 have a negative balance of up to 80 hours in their sick leave. 6 7 Mayor Mueller thanked Council Member Meehlhause for the clarification. 8 9 Council Member Bergeron stated he could support 80 or 100 hours at this time. 10 11 Mayor Mueller supported the City starting at 80 hours. 12 13 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9261, 14 COVID HR Issues establishing a negative balance of 80 hours for sick leave. 15 16 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 C. Resolution 9264, Approving the Proposal from KLM Engineering for Roof 21 Repairs on the Ground Reservoir. 22 23 Public Works Director Peterson requested the Council approve the proposal from KLM 24 Engineering for roof repairs on the Ground Reservoir. He explained the 2 million gallon ground 25 reservoir was built in 1968 and was in need of repairs to the roof as ground water was seeping 26 into the ground reservoir. He reported the recommended contractor, Champion Coatings, 27 completed work on the reservoir in 2014. Staff discussed the expense of the repair work and 28 recommended approval. 29 30 Council Member Meehlhause asked if this expense was part of the water treatment plant 31 upgrades. Public Works Director Peterson reported this was the case. 32 33 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9264, 34 Approving the Proposal from KLM Engineering for Roof Repairs on the Ground Reservoir. 35 36 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 9. REPORTS 41 A. Reports of Mayor and Council. 42 43 Mounds View City Council April 13, 2020 Regular Meeting Page 6 Council Member Meehlhause reported he spoke with Steve Markuson from the Twin Cities 1 Gateway noting significant adjustments were made to their hospitality revenue projections and 2 marketing budget due to COVID-19. 3 4 Mayor Mueller encouraged Mounds View residents to complete their 2020 Census information. 5 She reported the census could be completed on a smartphone, an iPad or computer and took less 6 than ten minutes to complete. 7 8 Mayor Mueller reported April 12th through April 18th was Severe Weather Awareness week in 9 the State of Minnesota. She stated on April 16th safety sirens would be going off at 1:45 p.m. and 10 6:45 p.m. 11 12 Mayor Mueller explained all essential City services would remain in place during the COVID-19 13 crisis and she thanked residents for sheltering in place. 14 15 B. Reports of Staff. 16 1. Finance Director Beer – Utility Billing Issues – Due Dates and 17 Penalties 18 19 Finance Director Beer explained the City would be sending out utility bills in the next week and 20 a half. He recommended the due date for these utility bills be pushed back from May 31st to June 21 30th. In addition, he proposed the City not charge any late fees for first quarter bills. He 22 suggested the second quarter bill due dates be delayed 15 days from August 31st to mid-23 September. He noted the third quarter bills would be back on the normal schedule. 24 25 Council Member Meehlhause supported the proposed changes to the utility billing schedule. 26 27 MOTION/SECOND: Meehlhause/Hull. To direct staff to amend the utility billing schedule and 28 waive the late fees for first quarter bills as recommended by staff. 29 30 Mayor Mueller thanked Finance Director Beer for making this recommendation. 31 32 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 Public Works Director Peterson reported the contractors working on the water rehabilitation 37 project were working on the exterior of buildings at this time. He explained the contractors were 38 working on Well No. 5 and Water Treatment Plant 2. He indicated the contractor has noticed the 39 corners of the building were worse than originally anticipated and a changer order has been 40 submitted to complete the necessary repair work. He stated the additional work would cost the 41 City $13,645. 42 43 MOTION/SECOND: Gunn/Meehlhause. To approve the Changer Order for additional repairs 44 required on Well House No. 5 and at Water Treatment Plant 2. 45 Mounds View City Council April 13, 2020 Regular Meeting Page 7 1 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 2. City Administrator Zikmund 6 7 City Administrator Zikmund requested the Council direct staff to draft a letter regarding funding 8 to offset the disproportional impact of COVID-19. 9 10 MOTION/SECOND: Hull/Bergeron. To direct Staff to draft a Letter for the Mayor to sign 11 expressing the City’s support of funding to offset the disproportional impact of COVID-19. 12 13 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 a.) Liquor/Restaurant Licenses – Pro Rata 18 19 City Administrator Zikmund stated the City has two establishments (The Mermaid and Moe’s) 20 that have requested relief from the City due to the forced shut down of these establishments. He 21 explained neighboring communities were offering a pro rata for the liquor license fee. He 22 indicated the City did not know how long the shut down would be in place but requested the 23 Council consider how staff should respond to these two establishments. 24 25 Mayor Mueller supported the City pro rating the liquor/restaurant licenses given the fact the 26 Governor has shut down their opportunity to serve meals and beverages within their 27 establishment. She indicated the liquor licenses for these two establishments require property 28 taxes to be paid in full prior to receiving a liquor license at the end of June. She questioned how 29 this situation would be addressed if the legislature were to extend the due dates for property taxes 30 due to COVID-19. City Administrator Zikmund stated the City does not control property taxes, 31 as this is handled by the County. 32 33 Council Member Meehlhause supported the City moving forward with a prorated license for the 34 two establishments. 35 36 Finance Director Beer explained he has not heard if the County was going to change the due date 37 for property taxes, but rather may waive the late fees. 38 39 Council Member Hull stated he supported pro rating the liquor licenses for Moe’s and The 40 Mermaid. 41 42 Council Member Bergeron agreed but noted legislation was being considered by the State that 43 was addressing this concern. He supported the Council moving forward with a pro rating and 44 noted future action could be taken after the State moves forward with legislation. 45 Mounds View City Council April 13, 2020 Regular Meeting Page 8 1 Council Member Gunn recommended the liquor license fees be prorated. City Administrator 2 Zikmund thanked the Council for their input and noted he would be reaching out to these two 3 establishments. 4 5 b.) Creative Kids Property Tax Relief 6 7 City Administrator Zikmund stated Creative Kids has requested property tax relief because their 8 business has been entirely shut down due to the COVID-19 crisis. He requested the Council 9 discuss how staff should respond to this business owner. He cautioned the Council from setting 10 a precedent. 11 12 Council Member Hull did not support the City providing tax relief at this time. 13 14 Finance Director Beer stated one option available to the City would be to defer payment of the 15 property taxes until the second half of the year. He noted the taxes would still be due, but this 16 would allow for a grace period until October 15th. 17 18 Council Member Bergeron supported staff discussing this option with Creative Kids. 19 20 Council Member Gunn explained there was funding available for childcare centers and she 21 encouraged the Creative Kids owner to seek this assistance. 22 23 Council Member Meehlhause stated he did not support waiving the property taxes for Creative 24 Kids, but noted he could support the deferment until October 15th. 25 26 Mayor Mueller reported DEED had funding available for businesses that have been impacted by 27 COVID-19. She encouraged the Creative Kids owner to reach out to seek this assistance. She 28 commented she could support the deferment of the property taxes until October 15th. 29 30 City Administrator Zikmund reported he would speak with the Creative Kids owners stating the 31 City was willing to defer the property taxes to October 15th while also requesting evidence that 32 he was actively seeking grants. The Council supported this recommendation. 33 34 c.) Condemnation Assessments – City Participation 35 36 City Administrator Zikmund stated staff has been having conversations with Marty Harstad 37 regarding Long Lake Woods. He noted this project is moving forward and Mr. Harstad was 38 seeking answers to some specific questions regarding eminent domain condemnation costs. He 39 explained a Closed Session meeting would be necessary in order to discuss this matter further 40 with City Attorney Riggs. He reported the other matter that had to be addressed was stormwater 41 management. He requested the Council provide staff with direction on when a Closed Session 42 meeting could be held. 43 44 Council Member Gunn suggested the Closed Session meeting be held on Monday, April 20th. 45 Mounds View City Council April 13, 2020 Regular Meeting Page 9 1 Council Member Bergeron stated he was available any time next Monday. 2 3 Council Member Meehlhause suggested the meeting be held at 10:00 a.m. on Monday, April 4 20th. The Council was in agreement. 5 6 C. Reports of City Attorney. 7 8 There was nothing additional to report. 9 10 10. Next Council Work Session: Monday, May 4, 2020, at 6:30 p.m. 11 Next Council Meeting: Monday, April 27, 2020, at 6:30 p.m. 12 13 11. ADJOURNMENT 14 15 The meeting was adjourned at 8:25 p.m. 16 17 Transcribed by: 18 19 Heidi Guenther 20 Minute Maker Secretarial 21 Item No: _08A Meeting Date: Apr 27, 2020 Type of Business: Council Business City Administrator Review: ___ City of Mounds View Staff Report To: Honorable Mayor, and City Council From: Jon Sevald, Community Development Director Item Title/Subject: PUBLIC HEARING: Resolution 9257, Approval of a Conditional Use Permit for an Oversized Garage, 3016 Woodale Dr. Introduction The applicant proposes to tear down their home and detached garage, and build a new home with an attached garage, requiring a CUP for an oversized garage, and a Variance to setbacks for the new garage. Discussion Within the R-1 Single-Family Residential District, each lot may have up to three accessory buildings, totaling 1,800 sq ft.1 No accessory building may exceed 952 sq ft, unless a Conditional Use Permit is approved.2 The proposed home will have a walk-out basement. Similarly, the attached garage will have a walk-out lower level. The lower level does not count towards the maximum 1,800 sf allowed. Analysis Required Existing Proposed Garage Area 1,800 sf (max) 440 sf 1,117 sf North Front Yard Setback 30’ 25.2’ 26.5’ East Side Yard Setback 5’ N/A N/A South Rear Yard Setback 5’ 93’ 71’ West Side Yard Setback 5’ 6.5’ 5.2’ Height 18’ (max)3 ? N/A Strategic Plan Strategy/Goal: Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment. 1 City Code, Section 1106.03, Subd 1(a) 2 City Code, Section 1106.03, Subd 1(c) 3 City Code, Section 1104.02, Subd 3(f); The height of any accessory building or structure shall not exceed eighteen feet (18’) or that of the principal structure, whichever is less. Item 08A Page 2 of 9 Financial Impact: N/A Summary The applicant proposes to tear down their home and detached garage, and build a new home with an attached garage, requiring a CUP for an oversized garage. A Public Hearing notice was published by the Shoreview Press on March 31, 2020, and mailed to property owners within 350’ of the subject property. Planning Commission Recommendation The Planning Commission recommended approval of the CUP (Resolution 1118-20), and approved a Variance to reduce the front yard setback for the garage, from 30’ to 26’ (Resolution 1117-20), on April 15, 2020. Staff Recommendation Staff recommends approval of the Conditional Use Permit. The City Council is requested to consider the following options: 1. Approve Resolution 9257. 2. Deny the Resolution, with Findings. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can table the request until such information has been provided. Because of the 60-day requirements (Deadline: May 15, 2020) the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, _____________________ Jon Sevald, AICP Community Development Director Attachments 1. Zoning Map 2. Aerial Map 3. Site Plan & Elevation Drawings 4. Site Photos 5. Resolution 9257 Item 08A Page 3 of 9 Zoning Map Item 08A Page 4 of 9 Aerial Map Item 08A Page 5 of 9 Site Plan & Elevation Drawings Item 08A Page 6 of 9 Site Photos 3016 Woodale Dr (photo Mar 18, 2020) 3016 Woodlawn Dr. Red line = west property boundary (photo Mar 18, 2020) 3016 Woodale Dr, looking SW (photo Mar 18, 2020) 3016 Woodale Dr, looking SE (photo Mar 18, 2020) Item 08A Page 7 of 9 RESOLUTION 9257 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING EXCEEDING 952 SQUARE FEET IN AREA, LOCATED AT 3016 WOODALE DRIVE (PLANNING CASE CU2020-002) WHEREAS, the applicant; Jennifer Oxendale, plans to remove the existing home and detached garage (440 sq ft), and replace it with a new home and attached garage (1,117 sq ft) on property located at 8012 Edgewood Drive, legally described as: PID: 07-30-23-33-0017 EX S 100 FT THE W 92 FT OF E 192 FT OF LOT 62, KNOLLWOOD PARK, RAMSEY CO., MINN. WHEREAS, Mounds View City Code, Section 1106.03, Subd 1(c) states that no accessory building in an R-1 District shall exceed 952 sq ft in area, except by Conditional Use Permit; and, WHEREAS, the property is zoned R-1 Single-Family Residential, and guided Single-Family Detached in the Comprehensive Plan (2010). The proposed garage is subject to approval of a Conditional Use Permit; and, WHEREAS, the Mounds View City Council has reviewed the Staff Report, Planning Commission recommendation, submitted plans, and has compared the request to City Code, Section 1125.01, subd 3 (Criteria for Granting Conditional Use Permits), and in consideration of public comments, makes the following Findings of Fact (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Findings: The proposed garage will not increase the burden on existing parks, schools, streets or other public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Findings: The proposed garage will comply with all zoning requirements, with approval of a Conditional Use Permit. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Item 08A Page 8 of 9 Findings: The proposed attached garage will share the same character as the attached house. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Findings: The proposed garage is a reasonable request. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Findings: The proposed garage will comply with all zoning requirements, with approval of a Conditional Use Permit. 6. The use is not in conflict with the Comprehensive Plan of the City. Findings: Oversized garages are not specifically addressed within the Comprehensive Plan (2010). The proposed garage relates to the following: General Land Use Goal 1: Maintain a cohesive land use pattern that ensures compatibility and functional relationships between activities and uses. Residential Goal 3: Encourage a creative approach to the use of land and related residential development. 7. The use will not cause traffic hazards or congestion. Findings: The proposed garage will create no additional traffic. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Findings: The proposed garage will not impact utilities, roads, or drainage. WHEREAS, the Planning and Zoning Commission held a Public Hearing on Wednesday, April 15, 2020, approving a Variance to reduce the front yard setback from 30’ to 26’ for the garage (Resolution 1117-20); and, WHEARAS, the City Council held a Public Hearing on Monday, April 27, 2020 to consider a Conditional Use Permit for the garage. A Public Hearing notice was published in the Shoreview Press on March 31, 2020, and mailed to property owners within 350’ of the subject property; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area, subject to the following conditions: 1. The applicant shall obtain a Building Permit for the garage within one year of the date of approval of this Conditional Use Permit, or this approval shall become void, consistent with City Code, Section 1125.01, Subd 3(f). Item 08A Page 9 of 9 2. The garage shall be similar in appearance (exterior material, color, and roof pitch) to that of the house. Adopted this 27th Day of April, 2020 Carol A. Mueller, Mayor ATTEST: (SEAL) Nyle Zikmund, City Administrator Item No: 08B Meeting Date: Apr 27, 2020 Type of Business: Council Business City Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor, and City Council From: Jon Sevald, Community Development Director Item Title/Subject: PUBLIC HEARING: Resolution 9266, Approval of a Conditional Use Permit for an Oversized Garage, 2520 Co Rd H2 Introduction The applicant proposes to replace their 24’ X 24’ detached garage, with a 26’ X 46’ (1,196 sq ft) detached garage. Discussion Within the R-1 Single-Family Residential District, each lot may have up to three accessory buildings, totaling 1,800 sq ft.1 No accessory building may exceed 952 sq ft, unless a Conditional Use Permit is approved.2 Analysis Required Existing Proposed Garage Area 1,200 sf (max)3 676 sf 1,196 sf North Front Yard Setback 30’ N/A N/A East Front Yard Setback 34’ 4 30’ (approx.) 34’ South Side Yard Setback 5’ 21’ (approx.) 26’ West Rear Yard Setback 5’ 38’ (approx.) 40’ Height 18’ (max)5 ? 18’ Strategic Plan Strategy/Goal: Continue BR&E program, maximize utilization of development space and current list of available sites, encourage land owners to maintain their properties, & consider residential redevelopment. 1 City Code, Section 1106.03, Subd 1(a) 2 City Code, Section 1106.03, Subd 1(c) 3 City Code, Section 1106.03, Subd 19(d); “The combined square footage of accessory buildings in a rear yard shall not exceed twenty percent (20%) of the rear yard.” Staff estimates 20% = about 1,200 sq ft, based on Ramsey County GIS measurements. If the CUP is approved, it will maximize the accessory building area permitted. 4 City Code, Section 1104.01, Subd 4(a)1(a); “no accessory building shall be located between the front of the principal building and the front lot line.” 5 City Code, Section 1104.02, Subd 3(f); The height of any accessory building or structure shall not exceed eighteen feet (18’) or that of the principal structure, whichever is less. Item 08B Page 2 of 9 Financial Impact: N/A Summary The applicant proposes to tear down their detached garage, and build a new garage, requiring a CUP for an oversized garage (1,196 sq ft). A Public Hearing notice was published by the Shoreview Press on March 31, 2020, and mailed to property owners within 350’ of the subject property. Planning Commission Recommendation The Planning Commission recommended approval on April 15, 2020 (Resolution 1119-20). Staff Recommendation Staff recommends approval of the Conditional Use Permit. The City Council is requested to consider the following options: 1. Approve Resolution 9266. 2. Deny Resolution 6266, denying the Conditional Use Permit, with Findings. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the City Council can table the request until such information has been provided. Because of the 60-day requirements (Deadline: May 22, 2020) the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, _____________________ Jon Sevald, AICP Community Development Director Attachments 1. Zoning Map 2. Aerial Map 3. Site Plan & Elevation Drawings 4. Site Photos 5. Resolution 9266 Item 08B Page 3 of 9 Zoning Map Item 08B Page 4 of 9 Aerial Map Item 08B Page 5 of 9 Site Plan & Elevation Drawings Item 08B Page 6 of 9 Site Photos 2520 Co Rd H2, view from intersection of Co Rd H2 and Skiba Dr,, looking SW (Mar 27, 2020) 2520 Co Rd H2, view from Skiba Dr, looking west (Mar 27, 2020) 2520 Co Rd H2, view from Skiba Dr, looking NW (Mar 27, 2020 Item 08B Page 7 of 9 RESOLUTION 9266 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY BUILDING EXCEEDING 952 SQUARE FEET IN AREA, LOCATED AT 2520 COUNTY ROAD H2 (PLANNING CASE CU2020-003) WHEREAS, the applicant; Michael Elofson, plans to replace an existing garage with a 26’ X 46’ (1,196 sq ft) detached garage on property located at 2520 County Road H2, legally described as: PID: 08-30-23-32-0072 N 2/3 OF N 255 62/1OO FT OF E 1OO FT OF W 255 62/1OO FT OF SW 1/4 /SUBJ TO RD/ IN SEC 8 TN 30 RN 23 WHEREAS, Mounds View City Code, Section 1106.03, Subd 1(c) states that no accessory building in an R-1 District shall exceed 952 sq ft in area, except by Conditional Use Permit; and, WHEREAS, the property is zoned R-1 Single-Family Residential, and guided Single-Family Detached in the Comprehensive Plan (2010). The proposed garage is subject to approval of a Conditional Use Permit; and, WHEREAS, the Mounds View City Council has reviewed the Staff Report, Planning Commission recommendation, submitted plans, and has compared the request to City Code, Section 1125.01, subd 3 (Criteria for Granting Conditional Use Permits), and in consideration of public comments, makes the following Findings of Fact (italics): 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. Findings: The proposed garage will not increase the burden on existing parks, schools, streets or other public facilities. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. Findings: The proposed garage will comply with all zoning requirements, with approval of a Conditional Use Permit. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. Findings: The proposed detached garage will share the same character as the house. Item 08B Page 8 of 9 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Findings: The proposed garage is a reasonable request. 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. Findings: The proposed garage will comply with all zoning requirements, with approval of a Conditional Use Permit. 6. The use is not in conflict with the Comprehensive Plan of the City. Findings: Oversized garages are not specifically addressed within the Comprehensive Plan (2010). The proposed garage relates to the following: General Land Use Goal 1: Maintain a cohesive land use pattern that ensures compatibility and functional relationships between activities and uses. Residential Goal 3: Encourage a creative approach to the use of land and related residential development. 7. The use will not cause traffic hazards or congestion. Findings: The proposed garage will create no additional traffic. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Findings: The proposed garage will not impact utilities, roads, or drainage. WHEREAS, the Planning and Zoning Commission recommended approval of the Conditional Use Permit on April 15, 2020 (Resolution 1119-20); and, WHEARAS, the City Council held a Public Hearing on Monday, April 27, 2020. A Public Hearing notice was published in the Shoreview Press on March 31, 2020, and mailed to property owners within 350’ of the subject property; and, NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves a Conditional Use Permit for an Accessory Building exceeding 952 sq ft in area, subject to the following conditions: 1. The applicant shall obtain a Building Permit for the garage within one year of the date of approval of this Conditional Use Permit, or this approval shall become void, consistent with City Code, Section 1125.01, Subd 3(f). 2. The garage shall be similar in appearance (exterior material, color, and roof pitch) to that of the house. Item 08B Page 9 of 9 Adopted this 27th Day of April, 2020 Carol A. Mueller, Mayor ATTEST: (SEAL) Nyle Zikmund, City Administrator MU125\11\649796.v2 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: April 23, 2020 To: Nyle Zikmund, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with City staff regarding various City matters and various questions. Consult with City staff regarding emergency situation. Draft emergency declaration, Mayor’s statement and resolution regarding same and forward same to City staff. Consult with City staff regarding meeting protocols during the peace-time state of emergency. Matter is presently pending. MU125-14: Public Works. Consult with City staff regarding revisions to the I&I contract. Matter is presently pending. MU125-47: General Zoning Matters. Review and revise building official contract. Consult with City staff regarding same. Matter is presently pending. MU210-4: Charter Commission Matters. Consult with City staff. Draft memorandum with draft language and forward to City staff. Matter is presently pending. MU210-18: Personnel Policy Revisions. Review and revise personnel manual. Consult with City staff regarding same. Matter is presently pending. MU210-54: Code Update/Revisions. Consult with City staff regarding project. Review and revise City Code Chapters and forward proposed ordinances to City staff. Consult with City staff regarding questions about the Code. Matter is presently pending. MU210-221: LMCIT/DVS General. Pursuant to recent correspondence received from the LMCIT, the Kampschroer matter is now pending before the Eighth Circuit Court of Appeals. Matter is presently pending. MU210-224: Tires N’More Matter. Review reports, etc. Research regarding options. Draft memorandum regarding matter and forward to City staff. Consult with City staff & Nyle Zikmund April 23, 2020 Page 2 MU125\11\649796.v2 regarding matter, etc. Participate in conference calls and develop options regarding CUP revocation for property. Matter is presently pending. MU210-255: 2255 Lambert Drive. Consult with City staff regarding conditions on the property, proposed future uses of the property, etc. Matter is presently pending. MU210-262: Greenwood Drive Infill Development. Draft development agreement and forward to City staff. Consult with City staff and developer regarding matter. Work on development issues and documents. Begin right-of-way acquisition. O&E’s have been received. Various meetings and calls with City staff and Developer. Attend closed session meeting. Offer letter and related documents have been transmitted to a property owner in the proposed development area. Matter is presently pending. MU210-269: State of Minnesota, et al. v. Nelson Auto Center, Inc. Review documentation. Legal research regarding same. Consult with City staff regarding matter. Participate in various conference calls, etc. A motion hearing was held in December, 2019. An order has now been issued dismissing plaintiff’s complaint. Matter is presently pending. MU210-270: 2019 Sewer Rehabilitation Project. Consult with City staff regarding requests for proposals, etc. Matter is presently pending. MU210-273: 5100 Sunnyside. Consult with City staff regarding right of entry agreement and encroachment agreement. Matter is presently pending. MU210-275: 2019 Wastewater Treatment Plant Rehabilitation. Review documentation and provide comments to City staff. Consult with City staff. Matter is presently pending. EDA: MU205-49: Skyline Motel. The Closing occurred on May 30, 2019. Consult with City staff and City consultants regarding post-closing matters and redevelopment of the Property. Legal research regarding title matter. Begin to draft action to determine adverse claims, pleadings, etc. Quiet title summons and complaint regarding 30’ strip of land have been filed with Ramsey County and service of summons and complaint is in progress. Matter is presently pending. MU205-51: Augusta Development, LLC Project. Consult with City staff regarding project. Draft preliminary development agreement and forward to City staff. Attend meeting with project principals, etc. Draft platting agreement and forward to City staff. Matter is presently pending. MU205-52: MWF Properties Project. Consult with City staff regarding project. Draft preliminary development agreement and forward to City staff. Attend meeting with project principals, etc. Draft platting agreement and forward to City staff. Matter is presently pending. SJR:jms