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HomeMy WebLinkAboutMinutes - 2022/12/12APPROVED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 12, 2022 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 6:30 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Bergeron, Cermak, Hull, Meehlhause, Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, December 12, 2022, City Council Agenda. MOTION/SECOND: Bergeron/Hull. To Approve the Monday, December 12, 2022, agenda as amended adding Item 5G – Resolution 9677, Approving the 2023 SCORE Recycling Grant. Ayes – 5 Nays – 0 Motion carried. 5. CONSENT AGENDA Council Member Cermak asked to remove Item 5G. A. Approval of Minutes: November 28, 2022 and December 5, 2022 (TNT) B. Just and Correct Claims. C. Resolution 9655, Approving the Recording Secretary Agreement with Minute Maker Secretarial. D. Resolution 9668, Authorizing Separation Compensation for Police Sergeant Timothy Wolf. E. Resolution 9669, Authorizing Separation Compensation for Police Officer Darrell Meyer. F. Resolution 9674, Approving a Cost of Living Adjustment, Insurance Contribution, and Insurance Opt-Out Payment Amounts for 2023. G. Resolution 9677, Approving the 2023 SCORE Recycling Grant. Mounds View City Council December 12, 2022 Regular Meeting Page 2 MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda as amended removing Item 5G. Ayes – 5 Nays – 0 Motion carried. G. Resolution 9677, Approving the 2023 SCORE Recycling Grant. Council Member Cermak stated the City no longer uses the Sun Focus for its public notices, but rather uses the Shoreview Press. She asked that this correction be made to the Resolution. MOTION/SECOND: Cermak/Hull. To Waive the Reading and Adopt Resolution 9677, Approving the 2023 SCORE Recycling Grant as amended. Ayes – 5 Nays – 0 Motion carried. 6. PUBLIC COMMENT Vince Meyer, 8380 Spring Lake Road, commented on the road construction that occurred on his street. He noted the aprons were not properly backfilled and there was a 12 to 14 inch drop from his apron to his yard. He questioned why this work was not completed prior to the winter. He stated he has requested a copy of the contract for his legal department to review. He expressed concern with how long this project took to complete, noting it was supposed to have taken 45 days and was not approaching one year. Richard Oehlenschlager, 7545 Spring Lake Road, questioned where the City stood on the sidewalk/path construction. He questioned if the County would require this path to be installed. He reported the neighbors do not want a path or sidewalk down their street. He indicated there has been increased traffic and the speed of traffic down his street. He explained he would like to see a stronger police presence in his neighborhood to address this concern. He stated he would also like to review Mounds View Police reports in a more streamlined manner. 7. SPECIAL ORDER OF BUSINESS None. 8. COUNCIL BUSINESS A. Public Hearing: 2023 Tax Levy and Budgets for All Funds. 1. Resolution 9670, Adopting the 2023 Tax Levy. Finance Director Beer requested the Council take comments from the public on the 2023 budget and tax levy. After this was complete, staff would present a report on the budget and tax levy. Mayor Mueller opened the public hearing at 6:45 p.m. Brian Amundsen, 3048 Woodale Drive, requested clarification on transfers that were proposed for the Street Fund and EDA for 2023. He feared the second page of the Resolution does not properly Mounds View City Council December 12, 2022 Regular Meeting Page 3 reflect the fund balance amounts after the transfers are made. Hearing no further public input, Mayor Mueller closed the public hearing at 6:47 p.m. Finance Director Beer reviewed the 2023 tax levy in further detail with the Council. He explained at the Truth in Taxation meeting a levy increase of 4.98% was presented and after further review staff had reduced this to 4.87%. He then commented on the transfers that would be made for 2023 into the Street Fund and EDA. Mayor Mueller requested further information on the financial activities of the EDA in the past year. Finance Director Beer stated the EDA has completed outreach to local businesses and acquired a new property that could be used for future park expansion. Council Member Meehlhause asked how much a 4.87% levy increase equated to in increased dollars. Finance Director Beer explained this was just over $300,000. Council Member Meehlhause reported of the $300,000, the City had just under $280,000 in increased personnel costs. Finance Director Beer reported this was the case. MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9670, Adopting the 2023 Tax Levy. Ayes – 5 Nays – 0 Motion carried. 2. Resolution 9671, Approving the 2023 EDA Tax Levy. Finance Director Beer requested the Council approve the 2023 EDA tax levy. He reported the City would be levying $100,000 to assist with EDA efforts. Council Member Meehlhause requested further information on the history of the EDA levy. Finance Director Beer reported the City previously had three TIF districts that assisted with funding EDA efforts. However, these TIF districts decertified in 2013, 2014 and 2015. He explained the City Council opted to levy $100,000 in order to support the activities of the EDA. Mayor Mueller asked who assisted the EDA in making decisions on EDA activities. Finance Director Beer indicated the EDC made recommendations to the EDA. He noted the EDC was made up of residents and local business owners. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9671, Approving the 2023 EDA Tax Levy. Council Member Meehlhause reported the EDC was made up of four residents and three local business owners. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council December 12, 2022 Regular Meeting Page 4 3. Resolution 9672, Adopting the 2023 Municipal Budget. Finance Director Beer requested the Council approve the 2023 municipal budget. He discussed the process that was followed for the budget each year, which was quite lengthy. He noted the Council was involved early in the process and provides staff with direction on priorities. He reported as the year goes on the numbers become clearer. He explained the Council has reviewed the final budget and held a Truth in Taxation Hearing on Monday, December 5. MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9672, Adopting the 2023 Municipal Budget. Ayes – 5 Nays – 0 Motion carried. B. 1. PUBLIC HEARING (Continued): First Reading and Introduction of Ordinance No. 998, Amending the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single Family Residential to PUD Planned Unit Development. Community Development Director Sevald stated this was a continuation of the Public Hearing for an amendment to the City’s official zoning map for the property at 2310 Mounds View Boulevard. He explained the zoning map amendment would change City Code and required a first and second reading for the Ordinance. He reported action on the Preliminary Plat and Development Review could not be taken until the Council held the second reading of Ordinance 998. He requested the Council hold the first reading for Ordinance 998 and then to table action on the Preliminary Plat and PUD/Development Review. He stated action on this item was previously tabled in order to allow the developer to complete a traffic study, parking study, to clarify exterior lighting, tree preservation and a needs analysis. He noted the traffic study and parking study had been completed by the applicant. He indicated an exterior lighting plan had been provided to the Council. He commented all trees on the property would be removed for the proposed development and trees would be replanted. He asked that the Council focus on the traffic and parking studies at this meeting. Jared Ackman, the applicant, explained he has been working for the past two weeks to complete a traffic and parking study for the Council to review. Nick Grage, Alliant Engineering, shared documents with the Council and described the data he had collected for the traffic study. He reviewed where traffic cameras had been placed for the study. He noted cameras had also been placed at four comparable apartment buildings in order to monitor their parking. He reported the cameras were able to collect data for two or three days. He explained the data collected from the cameras was sent to a third party for analysis. Mr. Grage estimated the Woodale Apartments would generate 636 trips per day. He reported each of the comparable apartment complexes have different trip generations based on the number and type of apartment units. He described how the 636 trips would be distributed through the roadway network and noted 90% were expected to go towards Mounds View Boulevard and 10% would go towards Edgewood Drive. He indicated all adjacent intersections would perform at Level A or B Mounds View City Council December 12, 2022 Regular Meeting Page 5 with the extra trips added. He reported even when the number of trips was doubled, the intersections still performed at a Level A or B. He explained this meant there was not a concern with the trips that would be generated by the apartment building. Mr. Grage commented on the parking situation for the Woodale Apartments and reviewed the parking that was provided by the four comparable apartments. He reported Brighton Oaks has a lower rate of parking than was proposed for the Woodale Apartments. He indicated the Woodale Apartments would have 14 units that were considered carless and tenants would not have vehicles. He explained this would put the number of spaces per unit above all of the other comparable apartment complexes. He stated the comparable apartment buildings have excess parking, which meant the City’s requirements were exceeding the industry standards when it comes to parking. Mr. Grage summarized his comments and reviewed the number of AM and PM trips per day, noting the number of trips would be less throughout the rest of the day. He explained the surrounding intersections would continue to perform at Levels A and B if this development were to occur. He reported the range of parking spaces needed for a development of this size was 183 to 199 parking spaces and the project was proposing to have 197 parking spaces. Council Member Meehlhause requested further information regarding the 14 proposed carless units. Mr. Ackman explained 10% of the 140 units would be set aside at 30% AMI. He reported it has been his experience that the individuals living in these units typically don’t have cars. Council Member Meehlhause asked what Level Service A and B meant for intersections. Mr. Grage explained intersections are graded Level A through F on terms of their performance. He stated Level Service A is typically under 10 seconds of delay and Level Service B was 10 to 15 seconds of delay. Mayor Mueller questioned if the traffic study was taken off of snapshots or videos. Mr. Grage reported the traffic study was based off of live videos taken from Wednesday, December 1 through Friday, December 3. He reported the days covered AM and PM peak hours, along with traffic from a typical school day. Further discussion ensued regarding the traffic study and the number of cars utilizing Woodale Drive. Mayor Mueller asked if the Boulevard apartment complex was studied by the developer for parking purposes. Mr. Grage stated this complex was studied. Mayor Mueller noted the Boulevard was an affordable complex that was built in 2019 that has 60 units and has 60 underground parking spaces and 60 surface stalls. Mr. Grage reported 93 of the 120 parking stalls were being occupied when he studied the complex. Mayor Mueller inquired what type of mass transit support the other apartment buildings had and questioned how this impacted the parking situation. Mr. Grage stated he was simply reporting on parking data and he did not have this information. Mounds View City Council December 12, 2022 Regular Meeting Page 6 Mayor Mueller opened the public hearing at 7:29 p.m. Bob King, 7408 Silver Lake Road, asked if this project had been cleared with Ramsey County. Grant Bilski, 5219 O’Connell Drive, commented on the parking numbers that were displayed. He stated 93 spaces were being used for 60 units at the Boulevard. He reported if the same rate of use was followed at the Woodale Apartments, the site would have to have 217 parking spaces for 140 units. Darrel Rosenthal, 5125 Sunnyside Road, indicated the developer has made it sound like there would not be an appreciable increase in traffic along Woodale Drive. He explained the peak hours for this roadway were from 6:30 a.m. to 8:30 a.m. and then from 3:30 to 6:30 p.m. He questioned where the Woodale Apartments would access Woodale Drive, noting there was a very short stretch of roadway before the light. He stated this intersection was already a concern because there was a curve. He discussed how Allina Health has an ambulance garage and needs access to the intersection. He feared that if the intersection was jammed up, this would become a public safety concern. He believed there were issues that have not been addressed. He indicated he did not agree with the City offering TIF for this project. He commented on the how TIF was used for the Medtronic property. He stated the long-term value of apartments was not great for the community. He noted apartment buildings also become a burden for the police department. Kim Alexander-Susens, 5209 O’Connell Drive, stated she appreciated traffic study, but explained she does not come down Mounds View Boulevard in order to make a left on Woodale Drive because only two or three cars can make a left at the light. She feared how the proposed apartment complex would cause a backup on Mounds View Boulevard for vehicles that were trying to take a left on Woodale Drive. She reported the alternative would be that vehicles would take County Road H and would drive behind the Mermaid, through the neighborhood, in order to access Woodale Apartments because it was a shortcut. She discussed how her street was narrowed to assist with slowing traffic, but noted this has not occurred. She indicated residents in her neighborhood have to pay $250 a year to have their child bussed to school for safety purposes because traffic around the school was so dangerous. She explained the apartment complex would push additional traffic onto Woodale Drive, making an already difficult situation worse. She stated she worked in human services and she anticipated the people that live in the proposed apartment complex would have visitors or health assistance personnel visitors from time to time, which would require additional parking spaces. Tiffany Alexander-Susens, 5209 O’Connell Drive, feared the developer was trying to fit a square peg in a round hole with this development. She reported the developer was requesting seven different deviations from City Code and perhaps another location should be considered for this development. She discussed how the setback on the west property line has been reduced to 26 feet from 40 feet in the original plans. She expressed concern with the fact every tree on the property would be removed. She encouraged the Council to not support this development because it was not a good fit for the property or the neighborhood. Kim Donley, 5210 O’Connell Drive, stated when people drive into Mounds View it was not a pretty sight, except for the one-half block at Woodale Drive where there is greenspace and Mounds View City Council December 12, 2022 Regular Meeting Page 7 beautiful trees. She indicated she lived in a small, quaint neighborhood that has already had two very large apartment complexes built adjacent to it. She believed it was too big of a burden to ask this neighborhood to have a third apartment complex. She suggested a multi-housing/mixed use development be considered at Mounds View Square with commercial or retail space ground level and apartments above. She requested the City not burden her neighborhood with yet another high rise building. She indicated the five story apartment building would be an eyesore that would destroy the value of her property. Rebecca Scholl, 2467 Hillview Road, stated she has not spoken on this issue before, but she has been listening to her neighbors. She indicated she was in favor of development, but she was not in favor of the proposed apartments. She agreed the developer was trying to fit a square peg in a round hole with this project. She noted this was the wrong project for this property, especially considering the number of deviations the developer was requesting in order to make this site work. She suggested the City hang onto this property in order to see what other type of development could occur. She suggested townhomes or a mixed-use project be considered for this property. Cynthia Camarillo, 5299 Greenfield Avenue, noted she has been a resident of Mounds View for the past 33 years. She explained she was concerned with the fact this project has two phases and noted there would be additional traffic implications once Phase 2 was completed. She understood that the Skyline Motel property would have apartments, which would generate additional traffic in this area of Mounds View. She indicated the City had recently lost two police officers to retirement and the department was having a hard time recruiting, which was a concern for the entire community. She reported she was concerned with how dense the proposed development was, noting the developer was hoping to put 270 units on five acres. She appreciated the passion that was being shared by her neighbors, noting no other neighborhood in Mounds View would want this apartment complex in their backyard. Doug Donley, 5210 O’Connell Drive, thanked the Council for hearing the concerns being raised by the neighbors. He suggested this property be kept R-1 and that it be subdivided into six one- half acre parcels, which would allow for six additional houses. He anticipated the wildlife and greenspace would be better preserved and the neighbors would no longer be overly burdened. He suggested the City partner with Habitat for Humanity for these six homes and noted he would help build these new homes. He explained if the Council were to rezone this property, the floodgates would be opened and this site would be pushed towards a highly dense apartment complex. Mark Dieter, 5219 Jeffery Drive, stated he sympathizes with the Council when addressing these types of issues. He indicated he would like to find a way for the community to work together but believed this project doesn’t seem like it was a natural fit. He requested the Council consider what the best parts of Mounds View were. He believed the best parts were the police department, the people and the schools. He noted he was a teacher in the Mounds View School District and discussed how things were changing in the community, especially the schools. He anticipated the likelihood of this change will continue with every apartment building the City approves, which impacted every student within the district. He believed there had to be a better place for the proposed development that would be closer to a City park and mass transit. Brian Amundsen, 3048 Woodale Drive, discussed the things he thinks about when he thinks about Mounds View City Council December 12, 2022 Regular Meeting Page 8 Mounds View, such as well-developed trees and extremely affordable housing. He stated Mounds View was a very desirable community to live in that had major freeway access to both Minneapolis and St. Paul. He encouraged the Council to consider if the additional housing was necessary. He commented on how this neighborhood has been impacted in recent years and feared that the City did not care about this neighborhood. He discussed how the financial benefits offered to the developer would be put on the backs of all Mounds View residents and he did not believe this was fair. He encouraged the City to not support this development or the proposed TIF district. Pat Leary, 5250 O’Connell Drive, stated his parents moved to Mounds View in 1964 and he attended Edgewood and Mounds View High Schools. He reported these schools did not need more students as they were already full to capacity. He believed the City had enough rental property and he encouraged the City Council to not cram more people into the community on this small parcel of land. He indicated this was an unnecessary project that should not proceed. Bob King, 7408 Silver Lake Road, stated he has had the feeling that Mounds View puts the cart before the horse. He understood the City can continue to build apartment buildings, but questioned where these residents would find services such as restaurants and grocery stores. He anticipated these residents would move somewhere else in order to be closer to these services. He suggested the Council focus on developing its limited amount of land into the retail services the current residents of Mounds View need. Zack Lindstrom, 8378 Long Lake Road, thanked everyone for coming forward and voicing their concerns regarding this project. He stated when he was reviewing this project in the packet, it appears the original purpose was to have the property rezoned for a business. He discussed the City’s need for more jobs. He reported in the City’s goals the Council wanted to have a mix of housing types reflective of the needs and desires of the community. He commented, though it was not scientific, a poll was completed online and 214 of 236 people voted against this project. He stated this tells him this project was not something the community was desiring. He encouraged the Council to consider a precedent could be set if this project were approved with seven exceptions and TIF was offered. He asked that the Council be a good neighbor and realize this was not a good project for this neighborhood. Eileen Burns, 5109 Irondale Road, stated she moved to Mounds View 34 years ago. She indicated she loved the idea of greenspace, trees and wildlife. She encouraged the Council to hear the concerns of the neighbors noting this project was not the right fit for this property and was not right for Mounds View. She suggested the Council not rezone or change ordinances in order to accommodate this project. Natalie Grosam, 2255 County Road H2, explained she was concerned with the sense of community in Mounds View was being lost. She noted she has lived in Mounds View for less than 10 years and she was ready to move. She reported the teachers in the schools were overwhelmed and stated the City did not need more people and more traffic. She feared that her opinion and the opinion of the neighbors didn’t matter, which was a concern to her. She encouraged the Council to take into consideration how this type of development would impact their home if it was placed in their backyard. Mounds View City Council December 12, 2022 Regular Meeting Page 9 Hearing no further public input, Mayor Mueller closed the public hearing at 8:05 p.m. Community Development Director Sevald explained Ramsey County had reviewed this project and would provide comments on the plat. He stated the school district was aware of the project and has made comments on where school bus pickups would be. He indicated this property was within walking distance to Edgewood and Irondale High School. He reported the City does not own this property and noted it would be cost prohibitive to subdivide the site into six single-family parcels. Mayor Mueller requested staff speak to the amount of guest parking spaces. Community Development Director Sevald stated if parking becomes an issue the best solution would be to assign parking stalls and to sign for visitor parking. Council Member Meehlhause requested staff speak to how the Medtronic property benefits the community. Finance Director Beer explained when a TIF district is established a base value is established for tax purposes. He noted the Medtronic site had a base value of $8 million, where it was previously tax exempt. He commented the increment is calculated based on the additional value that is added to the property once buildings are constructed. He stated the subsidy Medtronic receives is based on the additional property value. He estimated the City receives $300,000 per year in property taxes from the Medtronic site. He noted the site was currently valued at over $160 million today and would decertify in 2033. He commented further on the numerous financial benefits the City has received by developing the Medtronic site versus holding it as a golf course. Council Member Hull questioned what the property value was for the subject property. Community Development Director Sevald reported the value was roughly $119,500. Council Member Hull asked what the property value would be if the property were development into the proposed apartments. Finance Director Beer estimated the property would be valued at $30 million. Mayor Mueller questioned how many years the TIF district would be in place for the Woodale Apartments. Community Development Director Sevald stated the TIF district would be in place for 20 years. Council Member Meehlhause stated it was his understanding it has been difficult for any developer to negotiate with the current property owners. Community Development Director Sevald reported this was the case. He explained the development was proposed to be located on two separate lots, noting there was also a corner lot. Council Member Meehlhause inquired what other development opportunities have occurred on these lots. Community Development Director Sevald explained the City has encouraged a number of different developers to contact the property owner for a number of different developments and this was the first time the property owners have considered selling. Council Member Meehlhause requested who would be the driver of redeveloping the Mounds View Square and AMC movie theater properties. Community Development Director Sevald Mounds View City Council December 12, 2022 Regular Meeting Page 10 indicated the redevelopment of these sites would be led by the property owner, a willing developer and the City Council. Council Member Hull questioned if the City has ever tried to buy these three parcels. Community Development Director Sevald commented he was not aware of the City trying to purchase these parcels. Council Member Meehlhause stated the Council had three items on the agenda related to Woodale Apartments and action could not be taken on two of the items until the second hearing was held on Ordinance 998. He asked if this was correct. Community Development Director Sevald reported this was the case. He requested the Council hold the first reading and introduce Ordinance 998 and to table action on the Preliminary Plat and PUD/Development Review to December 27. He explained this project required financing from the City, County and State and applications would be submitted to the State the first week in January. He indicated if the Council would like anything changed about this project, the developer would appreciate this being discussed this evening. Council Member Meehlhause explained the PUD was troubling to him stating he did not understand Item 7 related to the exterior building materials. Community Development Director Sevald explained City Code requires 50% of every exterior wall meets certain standards for exterior material. He noted this building had more than four sides, which made the calculation of this minimum standard difficult. He discussed how a PUD allows for certain deviations from City Code. Mr. Ackman indicated his intent was to meet or exceed City Code requirements when it came to exterior building materials. Community Development Director Sevald discussed the type of siding that was being used on the building, noting there was a combination of brick, cement board, fiber siding, wood tone siding and architectural metal. He reviewed an exterior materials board in further detail with the Council. Council Member Meehlhause questioned how the building would be impacted if the City stuck to the 50% requirement. Community Development Director Sevald commented on how the columns on the building would have to be widened in order to accommodate this requirement. Council Member Meehlhause discussed the amount of tree removal and noted the developer was being asked to provide 57 trees that would be planted elsewhere in the community. Community Development Director Sevald stated with previous PUD’s it was not uncommon to have a deficiency with trees, where more trees cannot fit on the property. Instead of giving these trees up, the City has had developers donate trees for use on public land. Council Member Meehlhause explained he supported the developer being required to donate additional trees to the City for use on public lands. Mayor Mueller indicated her feelings have been pretty clear regarding this project. She explained she had difficulty supporting this project when so many of the neighbors opposed and the PUD guidelines were not being followed. She believed the developer was asking for too many Mounds View City Council December 12, 2022 Regular Meeting Page 11 deviations with this project and stated she would not be offering her support. She asked that a roll call vote be taken for the introduction of Ordinance 998. Community Development Director Sevald asked if the Council had any specific changes for the project that would add costs. He noted the developer would like this information prior to December 27. Mayor Mueller stated there was nothing that would change her mind to support this project. Council Member Bergeron requested the Council call the question. MOTION/SECOND: Meehlhause. To Waive the First Reading and Introduction of Ordinance No. 998, Amending the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single Family Residential to PUD Planned Unit Development. Motion failed for lack of a second. MOTION/SECOND: Hull/Cermak. To Deny the First Reading and Introduction of Ordinance No. 998, Amending the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single Family Residential to PUD Planned Unit Development. Council Member Hull stated he was part of the developmental review on this project. He indicated he supported the project being reviewed by the full Council, but understood it would be an uphill battle. He thanked the developers for their work with the property owners and staff. He understood there were some positives to this project, but not enough to force the apartment complex on the neighbors. City Attorney Riggs reported if the Council denies the First Reading of this Ordinance, the Council would also have to deny the Preliminary Plat and the PUD/Development Review. Mayor Mueller requested a roll call vote be taken. ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. Ayes – 5 Nays – 0 Motion carried. Councilmember Meehlhause stated he was pro-development and supported this project moving forward, but understood the consensus of Council was to not move this project forward. He discussed how this project would need support from both the County and the State before moving forward. In addition, the new Council would have to consider and create TIF financing. He thanked staff and the developer for all of their efforts on this project. City Attorney Riggs questioned when the 60 day timeline would expire for this project. Community Development Director Sevald reported the timeline had been extended and the deadline was now February 10, 2023. Mounds View City Council December 12, 2022 Regular Meeting Page 12 City Attorney Riggs explained a statement would have to be adopted by the Council stating why the project was denied. He reported this statement would have to be approved by the Council at the December 27, 2022 City Council meeting. Council Member Bergeron stated he understood this property would develop in the future, but noted the proposed building was too big for the site. With that being said, he wanted to make it clear that he was fully committed to affordable housing in Mounds View. Council Member Cermak explained she was opposed to this project due to the location. She noted she moved to the community 37 years ago with five children and four additional children from a previous marriage. She stated she would be viewed as one of those people who were burdening the school district. She indicated she worked hard to put her kids through private school. She encouraged the residents in attendance to not categorize people because not everyone was a burden on the public school system. She stated she was not one of “those” people, but rather was working to make Mounds View a better community. Council Member Meehlhause commented the Council met with representatives from the school district at a work session meeting several years ago. He indicated the Council asked if the school district wanted to deal with the challenges of increasing enrollment or declining enrollment and was told they would rather deal with increasing enrollment. He reported Mounds View had the highest number of median priced homes sold last year because people want to be a part of this school district. Mayor Mueller asked what action should be taken on Items 8B2 and 8B3. City Attorney Riggs recommended action on these items be postponed to the December 27, 2022 City Council meeting. 2. PUBLIC HEARING (Continued): Resolution 9653, Approving the Preliminary Plat of “WOODALE APARTMENTS”. Community Development Director Sevald reported action on this item should be postponed to December 27, 2022. MOTION/SECOND: Meehlhause/Cermak. To postpone action on this item to the December 27, 2022 City Council meeting. Ayes – 4 Nays – 0 Abstain – 1 (Bergeron) Motion carried. 3. PUBLIC HEARING (Continued): Resolution 9654, Approving the PUD of “WOODALE APARTMENTS”, and Development Review located at 2310 Mounds View Boulevard. Community Development Director Sevald reported action on this item should be postponed to December 27, 2022. MOTION/SECOND: Meehlhause/Cermak. To postpone action on this item to the December 27, Mounds View City Council December 12, 2022 Regular Meeting Page 13 2022 City Council meeting. Ayes – 4 Nays – 0 Abstain – 1 (Bergeron) Motion carried. C. PUBLIC HEARING: Resolution 9664, Approving a Class A Restaurant License and On-Sale Intoxicating Liquor License for Dos Hermanos Mexican Restaurant at 2535 Mounds View Boulevard (Mounds View Square). City Administrator Zikmund requested the Council approve a Class A Restaurant License and On- Sale Intoxicating Liquor License for Dos Hermanos Mexican Restaurant at 2535 Mounds View Boulevard which was located in Mounds View Square. He explained the applicant has submitted all necessary paperwork and fees to the City. Staff commented further on the request and recommended approval. Mayor Mueller opened the public hearing at 8:59 p.m. Zack Lindstrom, 8378 Long Lake Road, stated he was excited to have this new restaurant in the City of Mounds View. Sherry Gunn, 5485 Landmark Circle, welcomed Dos Hermanos Mexican Restaurant to the community. She encouraged residents to visit this new restaurant in order to keep it within the community. Hearing no further public input, Mayor Mueller closed the public hearing at 9:01 p.m. Malcolm Terry, owner of the restaurant, introduced himself and Oscar Rivera to the Council noting this would be their second restaurant location. Mayor Mueller questioned when the restaurant would be open to the public. Mr. Terry reported he would not get possession of the building until the liquor license was in place. He stated once the liquor license was in place, he could make the necessary improvements to the building in order to prepare for opening. He noted the landlord would be replacing the air exchanger on the hood system and would be making repairs on the HVAC system. All of this needs to take place before he could open. He anticipated the restaurant would be open in January of 2023. Council Member Bergeron inquired if the menu would be similar to the menu in Brooklyn Park. Mr. Terry reported the menu would be similar. It was noted the restaurant served Tex-Mex style food. Council Member Cermak asked how involved this restaurant would be in the community. Mr. Terry stated he would be happy to help sponsor youth sports teams and school events. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9664, Approving a Class A Restaurant License and On-Sale Intoxicating Liquor License for Dos Hermanos Mexican Restaurant at 2535 Mounds View Boulevard (Mounds View Square). Mounds View City Council December 12, 2022 Regular Meeting Page 14 Mayor Mueller and Council Member Meehlhause welcomed Dos Hermanos Mexican Restaurant to the community. Ayes – 5 Nays – 0 Motion carried. D. Resolution 9675, Authorization to Develop Plans and Specifications for the 2023 Street Rehabilitation Project – Pleasant View Drive/Stinson Boulevard and to Continue with Project Planning. Public Works/Parks and Recreation Director Peterson requested the Council authorize staff to Develop Plans and Specifications for the 2023 Street Rehabilitation Project – Pleasant View Drive/Stinson Boulevard and to Continue with Project Planning. He explained the City was looking to rehab Pleasant View Drive and Stinson Road between County Road H2 and County Road I. He reported this would be a joint project with the City of Fridley and Fridley would be managing the project designs in house. He commented further on the proposed street improvements, the proposed trail and recommended approval of the development of the Plans and Specifications for the 2023 Street Rehabilitation Project. It was noted a determination would be made on the trail at a later date. Council Member Meehlhause questioned how this roadway aligned with the Mounds View Street Task Force street standards. Public Works/Parks and Recreation Director Peterson commented this street would be the same as Hillview from Long Lake Road going east. City Attorney Riggs spoke to the petition that was submitted by a Mounds View resident regarding this improvement project. He explained this petition was informational in nature and was not something that would move forward to a vote. Mayor Mueller asked if the shared use trail was being reduced to eight feet instead of ten feet. Public Works/Parks and Recreation Director Peterson explained the trail would be ten feet wide. Mayor Mueller inquired if two foot reaction zone could be eliminated. Public Works/Parks and Recreation Director Peterson explained if this were eliminated, traffic would be running adjacent to the curb. Mayor Mueller questioned if the trail could be reduced two feet to make it eight feet wide. Public Works/Parks and Recreation Director Peterson commented this would impact how the City manages the snow along this roadway. Mayor Mueller clarified approval of this item moves the street forward and noted the trail would be further considered by the Council in 2023. Public Works/Parks and Recreation Director Peterson reported the Council was being to approve staff moving forward with the Plans and Specifications and noted the trail would be bid separately, which meant the Council would make a determination on the trail in 2023. Mayor Mueller commented there would only be parking on one side of this street. She asked if this would impact the placement of mailboxes. Public Works/Parks and Recreation Director Mounds View City Council December 12, 2022 Regular Meeting Page 15 Peterson reported mailboxes would remain on both sides of the street because one side was Fridley and the other side was Mounds View. Mayor Mueller opened the meeting for comments from the public. Rene Johnson, 7385 Pleasant View Drive, stated she was proud of this City Council and for the statements they made tonight. She commented on the proposed trail and questioned why a ten foot trail would be installed when it would match up on either end of the block to an eight foot trail. She believed the ten foot trail was overkill. She asked if mailbox posts would be addressed by the City. She discussed how the proposed street design would cause a safety concern for her and her neighbors when getting their mail. She was of the opinion a trail was not needed because the residents use the parking lane for walking/biking. Jane Jellings, 7581 Pleasant View Drive, indicated the street was already wide enough to accommodate cars, walkers and bikers. She questioned why it was all of the sudden not working. She questioned where the proposed roadway design came from. Mayor Mueller reported this project was being driven by the City of Fridley and Mounds View. Ms. Jellings explained she would not oppose a sidewalk if it was within the street right of way that was widened in 1994. She reported people do not park on this street and requested the road not be widened. Mayor Mueller reviewed the current and proposed schematics for this roadway, stating the roadway width would be increased by two feet. She indicated the Council was being asked to allow staff to develop plans and noted the trail would be a bid alternate for this project. Ms. Jellings asked what would happen with the mailboxes. Mayor Mueller discussed how her mailbox was moved during construction and were then reinstalled after the project was completed. She reported the street would not be going to group mailboxes. Florence Lindahl, 7611 Pleasant View Drive, stated she was concerned with the widening of this roadway. She believed the roadway was safe as it was, noting she supported the improvement of the surface of the roadway. She requested the trail be no more than eight feet, or that the trail be pushed into Fridley, which would create a better connection for the trail system and to a local park. Ted Forbath, 3025 Bronson Drive, reported he owns the property at 7525 Pleasant View Drive. He stated he was very proud of the comments the Council made regarding the previously considered apartment complex. He explained he has received no notification on this project. He stated he would like to remain informed in order to remain connected to the City and to be able to offer his views on this project. He encouraged the Council to consider the lack of connectivity the proposed trail would have. Rebecca Scholl, 2467 Hillview Road, supported this project moving forward. She appreciated the Mounds View City Council December 12, 2022 Regular Meeting Page 16 fact there were options for the trail. She explained she would like to know more about the safety of individuals walking on a raised curb trail versus walking on the roadway. She discussed how the improvements that were made in front of her house has created a sense of community as there were more friendly walkers along her street. Broch Lindahl, 7611 Pleasant View Drive, stated he supported the street being improved. He suggested if the trail moves forward that the width be the same as the trails on Spring Lake Road and Cummings. He asked that the parking lane and the two foot safety aisle be reversed to allow for a larger buffer for the sidewalk/trail area. He stated another option would be to move the trail to the Fridley side of the street. Mayor Mueller closed the meeting for comments from the public. Council Member Meehlhause requested further information regarding mailboxes. Public Works/Parks and Recreation Director Peterson explained the residents on each side of the street would be retaining their mailboxes on the same side of the street. He noted if the trail were approved, a two foot clearance would have to be provided per ADA requirements. MOTION/SECOND: Hull/Cermak. To Waive the Reading and Adopt Resolution 9675, Authorization to Develop Plans and Specifications for the 2023 Street Rehabilitation Project – Pleasant View Drive/Stinson Boulevard and to Continue with Project Planning. Council Member Meehlhause stated the project timeline was being driven by the City of Fridley because their residents will be assessed for this project. He commented on how the residents along this street would benefit from having a new street. He discussed the options that were available to the Council with respect to the trail, and reiterated that the trail would be an alternate bid for this project. Council Member Hull indicated staff notified residents on November 9th regarding this matter. City Administrator Zikmund explained Mr. Forbath’s property was missed because this was a vacant lot. He noted Mr. Forbath would be included on all future meeting notifications. Ayes – 5 Nays – 0 Motion carried. Public Works/Parks and Recreation Director Peterson provided the Council with an update on the County Road I improvement project and noted Anoka County was working to reduce the speed of traffic along this roadway. E. Resolution 9665, Approving the 2023 City Council Meeting Dates. City Administrator Zikmund requested the Council approve the 2023 City Council meeting dates. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9665, Approving the 2023 City Council Meeting Dates. Mayor Mueller asked why the Town Hall meetings were being discontinued indefinitely. Mounds View City Council December 12, 2022 Regular Meeting Page 17 Council Member Meehlhause explained the Council discussed how poorly attended these events are each year and were quite expensive too hold. Ayes – 5 Nays – 0 Motion carried. F. Resolution 9666, Approving the Renewal of Mounds View Business Licenses (Non-Liquor). City Administrator Zikmund requested the Council approve the renewal of Mounds View Business licenses (non-liquor). He commented on the feedback staff had received regarding Curbside. Council Member Hull requested staff speak to Curbside regarding their early trash pickup. City Administrator Zikmund asked if the City could suspend a business license. City Attorney Riggs reported this was an option but this could be problematic as residents would have to find a new garbage hauler. Council Member Bergeron suggested Curbside be informed that their license was renewed contingent to discontinuing early AM pickups. City Attorney Riggs reported this could be done. He stated the sooner the Council notifies Curbside of the concerns the Council has the better. He explained another option would be to postpone action on Curbside’s business license to the December 27 City Council meeting and invite them to attend in order to discuss the Council’s concerns. Mayor Mueller stated her only concern was that the Curbside driver would retaliate against the residents of Mounds View. City Attorney Riggs reported the Council was simply delaying action on the business license in order to speak with the license holder about the concerns they have regarding early AM pickups. Finance Director Beer questioned if a fine could be written into the Ordinance for businesses that violate their business license. City Attorney Riggs stated this could be done noting this would require an ordinance amendment. Brian Amundsen, 3048 Woodale Drive, commented if the City were to deny the haulers license, how would the residents that have contracts with this hauler be impacted. City Attorney Riggs reported he does not usually provide legal advice to residents in the community, but stated typically the contract would have to be reviewed. He stated the bottom line was the business could not operate in the community and therefore would not be allowed to collect a fee from Mounds View residents. MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9666, Approving the Renewal of Mounds View Business Licenses (Non-Liquor) removing Curbside’s business license and inviting Curbside to attend the December 27, 2022 City Council meeting. Mounds View City Council December 12, 2022 Regular Meeting Page 18 Ayes – 5 Nays – 0 Motion carried. G. Approval of Resolution 9667, Approving the Renewal of Mounds View Liquor Licenses. City Administrator Zikmund requested the Council approve the renewal of the Mounds View liquor licenses. He reported all requests were fully compliant and staff recommended approval. MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 9667, Approving the Renewal of Mounds View Liquor Licenses. Ayes – 5 Nays – 0 Motion carried. Mayor Mueller recessed the City Council meeting at 10:12 p.m. Mayor Mueller reconvened the City Council meeting at 10:17 p.m. H. PUBLIC HEARING: Ordinance 994, Amending the City Charter Pertaining to Filing for Office Charter Commission. ROLL CALL VOTE City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter pertaining to filing for office for the Charter Commission. He discussed how technical the process was to update the City Charter. He reported a majority vote of the Charter Commission and a unanimous vote of the Council was required in order to amend the City Charter. He commented further on the proposed Charter change pertaining to filing for office and term limits and recommended approval. Mayor Mueller opened the public hearing at 10:19 p.m. Hearing no public input, Mayor Mueller closed the public hearing at 10:20 p.m. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Ordinance 994, Amending the City Charter Pertaining to Filing for Office Charter Commission. Council Member Meehlhause thanked Commissioner Brandon Clawson for addressing this matter with the Charter Commission. ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. Ayes – 5 Nays – 0 Motion carried. I. PUBLIC HEARING: Ordinance 995, Amending the City Charter Pertaining to Vacancies in Elected Office. ROLL CALL VOTE City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter pertaining to vacancies in elected office. He thanked Attorney Joe Sathe for his assistance in Mounds View City Council December 12, 2022 Regular Meeting Page 19 crafting this Ordinance. Mayor Mueller opened the public hearing at 10:24 p.m. Hearing no public input, Mayor Mueller closed the public hearing at 10:25 p.m. MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Ordinance 995, Amending the City Charter Pertaining to Vacancies in Elected Office. ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. Ayes – 5 Nays – 0 Motion carried. J. PUBLIC HEARING: Ordinance 996, Amending the City Charter Pertaining Vacancies in Elected Office. ROLL CALL VOTE City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter pertaining to vacancies in elected office. Council Member Meehlhause discussed how the State legislature passed legislation on when special elections can be held. He questioned what these months were. City Administrator Zikmund reported the Charter references State Statute. Mayor Mueller opened the public hearing at 10:27 p.m. Sherry Gunn, 5485 Landmark Circle, explained special elections could be held February, April, May, August and November. Brian Amundsen, 3048 Woodale Drive, thanked Brandon Clawson for the time he spent on the Charter Commission, along with all of the other members on the Charter Commission. He indicated the Charter Commission has been working on this issue since 2016. Lastly, he thanked Joe Sathe for his assistance with the Ordinance amendments. Hearing no public input, Mayor Mueller closed the public hearing at 10:31 p.m. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Ordinance 996, Amending the City Charter Pertaining Vacancies in Elected Office. Council Member Meehlhause stated he brought this item forward for consideration noting he was struck by the 365 days. He was of the opinion 18 months was more reasonable. He discussed how a Council could have a vacancy from November to February until a special election could be held. He reported statutory cities could make appointments if they have a vacancy, noting elections were quite costly. ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. Mounds View City Council December 12, 2022 Regular Meeting Page 20 Ayes – 5 Nays – 0 Motion carried. K. Resolution 9673, Accepting and Allocating American Rescue Plan Act Funding. Finance Director Beer requested the Council accept and allocate American Rescue Plan Act funding. He stated the ARPA grant the City received came in two separate disbursements, one in 2021 and the other in 2022. He explained in 2021, the Council designated the funds for the appropriation of Public Safety expenditures. He reported the 2022 funding would allocate $600,000 for Public Safety expenditures. MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution 9673, Accepting and Allocating American Rescue Plan Act Funding. Ayes – 5 Nays – 0 Motion carried. L. Public Hearing, Second Reading and Adoption of Ordinance 997, an Ordinance Amending Chapter 31 of the Mounds View Municipal Code Regarding Mayor and City Council Annual Compensation. ROLL CALL VOTE City Administrator Zikmund requested the Council adopt an Ordinance amending Chapter 31 of the Mounds View Municipal Code Regarding Mayor and City Council Annual Compensation. He noted this Ordinance would not take effect until January 1, 2025. Mayor Mueller opened the meeting for public comments. Mayor Mueller closed the meeting for public comments. MOTION/SECOND: Hull/Mueller. To Waive the Second Reading and Adopt Ordinance 997, an Ordinance Amending Chapter 31 of the Mounds View Municipal Code Regarding Mayor and City Council Annual Compensation. ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. Ayes – 5 Nays – 0 Motion carried. M. Resolution 9676, Minnesota Department of Transportation Contract – Federal Participation in Construction. City Administrator Zikmund requested the Council approve a contract with the Minnesota Department of Transportation regarding federal participation in construction. He explained this would be a contract renewal that names the State as the recipient of federal dollars that would then be passed along to the City. Mayor Mueller stated the City previously received $40,000 in federal aid. She questioned where Mounds View City Council December 12, 2022 Regular Meeting Page 21 these dollars were placed. Finance Director Beer reported these dollars were placed in the Street Improvement Fund. MOTION/SECOND: Bergeron/Hull. To Waive the Reading and Adopt Resolution 9676, Minnesota Department of Transportation Contract – Federal Participation in Construction. Ayes – 5 Nays – 0 Motion carried. 9. REPORTS A. Reports of Mayor and Council. Council Member Cermak stated the Police Foundation would be meeting at 5:30 p.m. on Tuesday, December 13 where the group would be discussing Shop with a Cop. She noted this would be her last meeting as the Vice President. Mayor Mueller asked when the daddy/daughter dance would be held. Council Member Cermak reported the dance would be held on Saturday, February 4 at the Community Center. Mayor Mueller noted she attended the Active Living Ramsey County meeting earlier today via Zoom where transit in the metro area was discussed. Mayor Mueller explained on Thursday she would be attending her last annual meeting with the Ramsey County League of Local Government. Mayor Mueller commented on a letter she received from Executive Director Dave Unmacht with the League of Minnesota Cities. She wished him all the best in his retirement and thanked him for his tremendous service to the State of Minnesota. Mayor Mueller discussed a publication she received from the St. Paul Area Association of Realtors and encouraged the Council to read this publication. Mayor Mueller stated she had wonderful experiences and she has been proud to serve this community on the City Council. B. Reports of Staff. City Administrator Zikmund stated he was happy to report Well No. 5 was running again. City Administrator Zikmund explained Hannah and Alexa would be attending a conference in Nashville, Tennessee which required Council approval. MOTION/SECOND: Bergeron/Meehlhause. To approve Hanna Kenow and Alexis Bostrom attending out of state travel for training on behalf of the City of Mounds View. Mounds View City Council December 12, 2022 Regular Meeting Page 22 Ayes – 5 Nays – 0 Motion carried. City Administrator Zikmund requested the Council make a motion to post for the open GIS Technician position. MOTION/SECOND: Meehlhause/Hull. To direct staff to post for the open GIS Technician position in the Public Works Department. Ayes – 5 Nays – 0 Motion carried. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 10. Next Council Work Session: Monday, January 3, 2023, at 6:30 p.m. Next Council Meeting: Tuesday, December 27, 2022, at 6:30 p.m. 11. ADJOURNMENT The meeting was adjourned at 11:02 p.m. Transcribed by: Heidi Guenther Minute Maker Secretarial