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HomeMy WebLinkAboutAgenda Packets - 2022/12/27REVISED AGENDA, DECEMBER 22, 2022, 3:45 PM CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Tuesday, December 27, 2022 6:30 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Hull, Meehlhause, Bergeron, Cermak 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: B. Just and Correct Claims C. Resolution 9679 Authorizing Separation Compensation for GIS Technician Jacob Garibay D. Resolution 9680 Authorizing Additional Compensation for Benjamin Zender to Work in Higher Job Classification E. Resolution 9683: Appoint Planning Commission Chair 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 8. COUNCIL BUSINESS A. Resolution 9682 Approval of Business License Renewal – Curbside Waste, Inc. B. Resolution 9678 Approval of 2023 NYFS Contracts C. Resolution 9653 Denying Application to Amend the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single-Family Residential to PUD Planned Unit Development 9. REPORTS A. Reports of Mayor and Council 10. NEXT COUNCIL WORK SESSION: Tuesday, January 3, 2023 NEXT COUNCIL MEETING: Monday, January 9, 2023 11. ADJOURNMENT THIS PAGE LEFT BLANK INTENTIONALLY PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 December 12, 2022 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 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Bergeron, Cermak, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, December 12, 2022, City Council Agenda. 21 22 MOTION/SECOND: Bergeron/Hull. To Approve the Monday, December 12, 2022, agenda as 23 amended adding Item 5G – Resolution 9677, Approving the 2023 SCORE Recycling Grant. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 29 Council Member Cermak asked to remove Item 5G. 30 31 A. Approval of Minutes: November 28, 2022 and December 5, 2022 (TNT) 32 B. Just and Correct Claims. 33 C. Resolution 9655, Approving the Recording Secretary Agreement with Minute 34 Maker Secretarial. 35 D. Resolution 9668, Authorizing Separation Compensation for Police Sergeant 36 Timothy Wolf. 37 E. Resolution 9669, Authorizing Separation Compensation for Police Officer 38 Darrell Meyer. 39 F. Resolution 9674, Approving a Cost of Living Adjustment, Insurance 40 Contribution, and Insurance Opt-Out Payment Amounts for 2023. 41 G. Resolution 9677, Approving the 2023 SCORE Recycling Grant. 42 43 MOTION/SECOND: Meehlhause/Hull. To Approve the Consent Agenda as amended removing 44 Item 5G. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 2 Ayes – 5 Nays – 0 Motion carried. 1 2 G. Resolution 9677, Approving the 2023 SCORE Recycling Grant. 3 4 Council Member Cermak stated the City no longer uses the Sun Focus for its public notices, but 5 rather uses the Shoreview Press. She asked that this correction be made to the Resolution. 6 7 MOTION/SECOND: Cermak/Hull. To Waive the Reading and Adopt Resolution 9677, 8 Approving the 2023 SCORE Recycling Grant as amended. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 6. PUBLIC COMMENT 13 14 Vince Meyer, 8380 Spring Lake Road, commented on the road construction that occurred on his 15 street. He noted the aprons were not properly backfilled and there was a 12 to 14 inch drop from 16 his apron to his yard. He questioned why this work was not completed prior to the winter. He stated 17 he has requested a copy of the contract for his legal department to review. He expressed concern 18 with how long this project took to complete, noting it was supposed to have taken 45 days and was 19 not approaching one year. 20 21 Richard Oehlenschlager, 7545 Spring Lake Road, questioned where the City stood on the 22 sidewalk/path construction. He questioned if the County would require this path to be installed. 23 He reported the neighbors do not want a path or sidewalk down their street. He indicated there has 24 been increased traffic and the speed of traffic down his street. He explained he would like to see a 25 stronger police presence in his neighborhood to address this concern. He stated he would also like 26 to review Mounds View Police reports in a more streamlined manner. 27 28 7. SPECIAL ORDER OF BUSINESS 29 30 None. 31 32 8. COUNCIL BUSINESS 33 A. Public Hearing: 2023 Tax Levy and Budgets for All Funds. 34 1. Resolution 9670, Adopting the 2023 Tax Levy. 35 36 Finance Director Beer requested the Council take comments from the public on the 2023 budget 37 and tax levy. After this was complete, staff would present a report on the budget and tax levy. 38 39 Mayor Mueller opened the public hearing at 6:45 p.m. 40 41 Brian Amundsen, 3048 Woodale Drive, requested clarification on transfers that were proposed for 42 the Street Fund and EDA for 2023. He feared the second page of the Resolution does not properly 43 reflect the fund balance amounts after the transfers are made. 44 45 Hearing no further public input, Mayor Mueller closed the public hearing at 6:47 p.m. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 3 1 Finance Director Beer reviewed the 2023 tax levy in further detail with the Council. He explained 2 at the Truth in Taxation meeting a levy increase of 4.98% was presented and after further review 3 staff had reduced this to 4.87%. He then commented on the transfers that would be made for 2023 4 into the Street Fund and EDA. 5 6 Mayor Mueller requested further information on the financial activities of the EDA in the past 7 year. Finance Director Beer stated the EDA has completed outreach to local businesses and 8 acquired a new property that could be used for future park expansion. 9 10 Council Member Meehlhause asked how much a 4.87% levy increase equated to in increased 11 dollars. Finance Director Beer explained this was just over $300,000. 12 13 Council Member Meehlhause reported of the $300,000, the City had just under $280,000 in 14 increased personnel costs. Finance Director Beer reported this was the case. 15 16 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9670, 17 Adopting the 2023 Tax Levy. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 2. Resolution 9671, Approving the 2023 EDA Tax Levy. 22 23 Finance Director Beer requested the Council approve the 2023 EDA tax levy. He reported the City 24 would be levying $100,000 to assist with EDA efforts. 25 26 Council Member Meehlhause requested further information on the history of the EDA levy. 27 Finance Director Beer reported the City previously had three TIF districts that assisted with 28 funding EDA efforts. However, these TIF districts decertified in 2013, 2014 and 2015. He 29 explained the City Council opted to levy $100,000 in order to support the activities of the EDA. 30 31 Mayor Mueller asked who assisted the EDA in making decisions on EDA activities. Finance 32 Director Beer indicated the EDC made recommendations to the EDA. He noted the EDC was 33 made up of residents and local business owners. 34 35 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9671, 36 Approving the 2023 EDA Tax Levy. 37 38 Council Member Meehlhause reported the EDC was made up of four residents and three local 39 business owners. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 3. Resolution 9672, Adopting the 2023 Municipal Budget. 44 45 Finance Director Beer requested the Council approve the 2023 municipal budget. He discussed the 46 Mounds View City Council December 12, 2022 Regular Meeting Page 4 process that was followed for the budget each year, which was quite lengthy. He noted the Council 1 was involved early in the process and provides staff with direction on priorities. He reported as the 2 year goes on the numbers become clearer. He explained the Council has reviewed the final budget 3 and held a Truth in Taxation Hearing on Monday, December 5. 4 5 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9672, 6 Adopting the 2023 Municipal Budget. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 B. 1. PUBLIC HEARING (Continued): First Reading and Introduction of 11 Ordinance No. 998, Amending the Official Zoning Map for 2310 Mounds 12 View Boulevard, from R-1 Single Family Residential to PUD Planned Unit 13 Development. 14 15 Community Development Director Sevald stated this was a continuation of the Public Hearing for 16 an amendment to the City’s official zoning map for the property at 2310 Mounds View Boulevard. 17 He explained the zoning map amendment would change City Code and required a first and second 18 reading for the Ordinance. He reported action on the Preliminary Plat and Development Review 19 could not be taken until the Council held the second reading of Ordinance 998. He requested the 20 Council hold the first reading for Ordinance 998 and then to table action on the Preliminary Plat 21 and PUD/Development Review. He stated action on this item was previously tabled in order to 22 allow the developer to complete a traffic study, parking study, to clarify exterior lighting, tree 23 preservation and a needs analysis. He noted the traffic study and parking study had been completed 24 by the applicant. He indicated an exterior lighting plan had been provided to the Council. He 25 commented all trees on the property would be removed for the proposed development and trees 26 would be replanted. He asked that the Council focus on the traffic and parking studies at this 27 meeting. 28 29 Jared Ackman, the applicant, explained he has been working for the past two weeks to complete a 30 traffic and parking study for the Council to review. 31 32 Nick Grage, Alliant Engineering, shared documents with the Council and described the data he 33 had collected for the traffic study. He reviewed where traffic cameras had been placed for the 34 study. He noted cameras had also been placed at four comparable apartment buildings in order to 35 monitor their parking. He reported the cameras were able to collect data for two or three days. He 36 explained the data collected from the cameras was sent to a third party for analysis. 37 38 Mr. Grage estimated the Woodale Apartments would generate 636 trips per day. He reported each 39 of the comparable apartment complexes have different trip generations based on the number and 40 type of apartment units. He described how the 636 trips would be distributed through the roadway 41 network and noted 90% were expected to go towards Mounds View Boulevard and 10% would go 42 towards Edgewood Drive. He indicated all adjacent intersections would perform at Level A or B 43 with the extra trips added. He reported even when the number of trips was doubled, the 44 intersections still performed at a Level A or B. He explained this meant there was not a concern 45 with the trips that would be generated by the apartment building. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 5 1 Mr. Grage commented on the parking situation for the Woodale Apartments and reviewed the 2 parking that was provided by the four comparable apartments. He reported Brighton Oaks has a 3 lower rate of parking than was proposed for the Woodale Apartments. He indicated the Woodale 4 Apartments would have 14 units that were considered carless and tenants would not have vehicles. 5 He explained this would put the number of spaces per unit above all of the other comparable 6 apartment complexes. He stated the comparable apartment buildings have excess parking, which 7 meant the City’s requirements were exceeding the industry standards when it comes to parking. 8 9 Mr. Grage summarized his comments and reviewed the number of AM and PM trips per day, 10 noting the number of trips would be less throughout the rest of the day. He explained the 11 surrounding intersections would continue to perform at Levels A and B if this development were 12 to occur. He reported the range of parking spaces needed for a development of this size was 183 13 to 199 parking spaces and the project was proposing to have 197 parking spaces. 14 15 Council Member Meehlhause requested further information regarding the 14 proposed carless 16 units. Mr. Ackman explained 10% of the 140 units would be set aside at 30% AMI. He reported 17 it has been his experience that the individuals living in these units typically don’t have cars. 18 19 Council Member Meehlhause asked what Level Service A and B meant for intersections. Mr. 20 Grage explained intersections are graded Level A through F on terms of their performance. He 21 stated Level Service A is typically under 10 seconds of delay and Level Service B was 10 to 15 22 seconds of delay. 23 24 Mayor Mueller questioned if the traffic study was taken off of snapshots or videos. Mr. Grage 25 reported the traffic study was based off of live videos taken from Wednesday, December 1 through 26 Friday, December 3. He reported the days covered AM and PM peak hours, along with traffic from 27 a typical school day. 28 29 Further discussion ensued regarding the traffic study and the number of cars utilizing Woodale 30 Drive. 31 32 Mayor Mueller asked if the Boulevard apartment complex was studied by the developer for 33 parking purposes. Mr. Grage stated this complex was studied. 34 35 Mayor Mueller noted the Boulevard was an affordable complex that was built in 2019 that has 60 36 units and has 60 underground parking spaces and 60 surface stalls. Mr. Grage reported 93 of the 37 120 parking stalls were being occupied when he studied the complex. 38 39 Mayor Mueller inquired what type of mass transit support the other apartment buildings had and 40 questioned how this impacted the parking situation. Mr. Grage stated he was simply reporting on 41 parking data and he did not have this information. 42 43 Mayor Mueller opened the public hearing at 7:29 p.m. 44 45 Bob King, 7408 Silver Lake Road, asked if this project had been cleared with Ramsey County. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 6 1 Grant Bilski, 5219 O’Connell Drive, commented on the parking numbers that were displayed. He 2 stated 93 spaces were being used for 60 units at the Boulevard. He reported if the same rate of use 3 was followed at the Woodale Apartments, the site would have to have 217 parking spaces for 140 4 units. 5 6 Darrel Rosenthal, 5125 Sunnyside Road, indicated the developer has made it sound like there 7 would not be an appreciable increase in traffic along Woodale Drive. He explained the peak hours 8 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 9 where the Woodale Apartments would access Woodale Drive, noting there was a very short stretch 10 of roadway before the light. He stated this intersection was already a concern because there was a 11 curve. He discussed how Allina Health has an ambulance garage and needs access to the 12 intersection. He feared that if the intersection was jammed up, this would become a public safety 13 concern. He believed there were issues that have not been addressed. He indicated he did not agree 14 with the City offering TIF for this project. He commented on the how TIF was used for the 15 Medtronic property. He stated the long-term value of apartments was not great for the community. 16 He noted apartment buildings also become a burden for the police department. 17 18 Kim Alexander-Susens, 5209 O’Connell Drive, stated she appreciated traffic study, but explained 19 she does not come down Mounds View Boulevard in order to make a left on Woodale Drive 20 because only two or three cars can make a left at the light. She feared how the proposed apartment 21 complex would cause a backup on Mounds View Boulevard for vehicles that were trying to take 22 a left on Woodale Drive. She reported the alternative would be that vehicles would take County 23 Road H and would drive behind the Mermaid, through the neighborhood, in order to access 24 Woodale Apartments because it was a shortcut. She discussed how her street was narrowed to 25 assist with slowing traffic, but noted this has not occurred. She indicated residents in her 26 neighborhood have to pay $250 a year to have their child bussed to school for safety purposes 27 because traffic around the school was so dangerous. She explained the apartment complex would 28 push additional traffic onto Woodale Drive, making an already difficult situation worse. She stated 29 she worked in human services and she anticipated the people that live in the proposed apartment 30 complex would have visitors or health assistance personnel visitors from time to time, which would 31 require additional parking spaces. 32 33 Tiffany Alexander-Susens, 5209 O’Connell Drive, feared the developer was trying to fit a square 34 peg in a round hole with this development. She reported the developer was requesting seven 35 different deviations from City Code and perhaps another location should be considered for this 36 development. She discussed how the setback on the west property line has been reduced to 26 feet 37 from 40 feet in the original plans. She expressed concern with the fact every tree on the property 38 would be removed. She encouraged the Council to not support this development because it was 39 not a good fit for the property or the neighborhood. 40 41 Kim Donley, 5210 O’Connell Drive, stated when people drive into Mounds View it was not a 42 pretty sight, except for the one-half block at Woodale Drive where there is greenspace and 43 beautiful trees. She indicated she lived in a small, quaint neighborhood that has already had two 44 very large apartment complexes built adjacent to it. She believed it was too big of a burden to ask 45 this neighborhood to have a third apartment complex. She suggested a multi-housing/mixed use 46 Mounds View City Council December 12, 2022 Regular Meeting Page 7 development be considered at Mounds View Square with commercial or retail space ground level 1 and apartments above. She requested the City not burden her neighborhood with yet another high 2 rise building. She indicated the five story apartment building would be an eyesore that would 3 destroy the value of her property. 4 5 Rebecca Scholl, 2467 Hillview Road, stated she has not spoken on this issue before, but she has 6 been listening to her neighbors. She indicated she was in favor of development, but she was not in 7 favor of the proposed apartments. She agreed the developer was trying to fit a square peg in a 8 round hole with this project. She noted this was the wrong project for this property, especially 9 considering the number of deviations the developer was requesting in order to make this site work. 10 She suggested the City hang onto this property in order to see what other type of development 11 could occur. She suggested townhomes or a mixed-use project be considered for this property. 12 13 Cynthia Camarillo, 5299 Greenfield Avenue, noted she has been a resident of Mounds View for 14 the past 33 years. She explained she was concerned with the fact this project has two phases and 15 noted there would be additional traffic implications once Phase 2 was completed. She understood 16 that the Skyline Motel property would have apartments, which would generate additional traffic 17 in this area of Mounds View. She indicated the City had recently lost two police officers to 18 retirement and the department was having a hard time recruiting, which was a concern for the 19 entire community. She reported she was concerned with how dense the proposed development 20 was, noting the developer was hoping to put 270 units on five acres. She appreciated the passion 21 that was being shared by her neighbors, noting no other neighborhood in Mounds View would 22 want this apartment complex in their backyard. 23 24 Doug Donley, 5210 O’Connell Drive, thanked the Council for hearing the concerns being raised 25 by the neighbors. He suggested this property be kept R-1 and that it be subdivided into six one-26 half acre parcels, which would allow for six additional houses. He anticipated the wildlife and 27 greenspace would be better preserved and the neighbors would no longer be overly burdened. He 28 suggested the City partner with Habitat for Humanity for these six homes and noted he would help 29 build these new homes. He explained if the Council were to rezone this property, the floodgates 30 would be opened and this site would be pushed towards a highly dense apartment complex. 31 32 Mark Dieter, 5219 Jeffery Drive, stated he sympathizes with the Council when addressing these 33 types of issues. He indicated he would like to find a way for the community to work together but 34 believed this project doesn’t seem like it was a natural fit. He requested the Council consider what 35 the best parts of Mounds View were. He believed the best parts were the police department, the 36 people and the schools. He noted he was a teacher in the Mounds View School District and 37 discussed how things were changing in the community, especially the schools. He anticipated the 38 likelihood of this change will continue with every apartment building the City approves, which 39 impacted every student within the district. He believed there had to be a better place for the 40 proposed development that would be closer to a City park and mass transit. 41 42 Brian Amundsen, 3048 Woodale Drive, discussed the things he thinks about when he thinks about 43 Mounds View, such as well-developed trees and extremely affordable housing. He stated Mounds 44 View was a very desirable community to live in that had major freeway access to both Minneapolis 45 and St. Paul. He encouraged the Council to consider if the additional housing was necessary. He 46 Mounds View City Council December 12, 2022 Regular Meeting Page 8 commented on how this neighborhood has been impacted in recent years and feared that the City 1 did not care about this neighborhood. He discussed how the financial benefits offered to the 2 developer would be put on the backs of all Mounds View residents and he did not believe this was 3 fair. He encouraged the City to not support this development or the proposed TIF district. 4 5 Pat Leary, 5250 O’Connell Drive, stated his parents moved to Mounds View in 1964 and he 6 attended Edgewood and Mounds View High Schools. He reported these schools did not need more 7 students as they were already full to capacity. He believed the City had enough rental property and 8 he encouraged the City Council to not cram more people into the community on this small parcel 9 of land. He indicated this was an unnecessary project that should not proceed. 10 11 Bob King, 7408 Silver Lake Road, stated he has had the feeling that Mounds View puts the cart 12 before the horse. He understood the City can continue to build apartment buildings, but questioned 13 where these residents would find services such as restaurants and grocery stores. He anticipated 14 these residents would move somewhere else in order to be closer to these services. He suggested 15 the Council focus on developing its limited amount of land into the retail services the current 16 residents of Mounds View need. 17 18 Zack Lindstrom, 8378 Long Lake Road, thanked everyone for coming forward and voicing their 19 concerns regarding this project. He stated when he was reviewing this project in the packet, it 20 appears the original purpose was to have the property rezoned for a business. He discussed the 21 City’s need for more jobs. He reported in the City’s goals the Council wanted to have a mix of 22 housing types reflective of the needs and desires of the community. He commented, though it was 23 not scientific, a poll was completed online and 214 of 236 people voted against this project. He 24 stated this tells him this project was not something the community was desiring. He encouraged 25 the Council to consider a precedent could be set if this project were approved with seven exceptions 26 and TIF was offered. He asked that the Council be a good neighbor and realize this was not a good 27 project for this neighborhood. 28 29 Eileen Burns, 5109 Irondale Road, stated she moved to Mounds View 34 years ago. She indicated 30 she loved the idea of greenspace, trees and wildlife. She encouraged the Council to hear the 31 concerns of the neighbors noting this project was not the right fit for this property and was not 32 right for Mounds View. She suggested the Council not rezone or change ordinances in order to 33 accommodate this project. 34 35 Natalie Grosam, 2255 County Road H2, explained she was concerned with the sense of community 36 in Mounds View was being lost. She noted she has lived in Mounds View for less than 10 years 37 and she was ready to move. She reported the teachers in the schools were overwhelmed and stated 38 the City did not need more people and more traffic. She feared that her opinion and the opinion of 39 the neighbors didn’t matter, which was a concern to her. She encouraged the Council to take into 40 consideration how this type of development would impact their home if it was placed in their 41 backyard. 42 43 Hearing no further public input, Mayor Mueller closed the public hearing at 8:05 p.m. 44 45 Community Development Director Sevald explained Ramsey County had reviewed this project 46 Mounds View City Council December 12, 2022 Regular Meeting Page 9 and would provide comments on the plat. He stated the school district was aware of the project 1 and has made comments on where school bus pickups would be. He indicated this property was 2 within walking distance to Edgewood and Irondale High School. He reported the City does not 3 own this property and noted it would be cost prohibitive to subdivide the site into six single-family 4 parcels. 5 6 Mayor Mueller requested staff speak to the amount of guest parking spaces. Community 7 Development Director Sevald stated if parking becomes an issue the best solution would be to 8 assign parking stalls and to sign for visitor parking. 9 10 Council Member Meehlhause requested staff speak to how the Medtronic property benefits the 11 community. Finance Director Beer explained when a TIF district is established a base value is 12 established for tax purposes. He noted the Medtronic site had a base value of $8 million, where it 13 was previously tax exempt. He commented the increment is calculated based on the additional 14 value that is added to the property once buildings are constructed. He stated the subsidy Medtronic 15 receives is based on the additional property value. He estimated the City receives $300,000 per 16 year in property taxes from the Medtronic site. He noted the site was currently valued at over $160 17 million today and would decertify in 2033. He commented further on the numerous financial 18 benefits the City has received by developing the Medtronic site versus holding it as a golf course. 19 20 Council Member Hull questioned what the property value was for the subject property. 21 Community Development Director Sevald reported the value was roughly $119,500. 22 23 Council Member Hull asked what the property value would be if the property were development 24 into the proposed apartments. Finance Director Beer estimated the property would be valued at 25 $30 million. 26 27 Mayor Mueller questioned how many years the TIF district would be in place for the Woodale 28 Apartments. Community Development Director Sevald stated the TIF district would be in place 29 for 20 years. 30 31 Council Member Meehlhause stated it was his understanding it has been difficult for any developer 32 to negotiate with the current property owners. Community Development Director Sevald reported 33 this was the case. He explained the development was proposed to be located on two separate lots, 34 noting there was also a corner lot. 35 36 Council Member Meehlhause inquired what other development opportunities have occurred on 37 these lots. Community Development Director Sevald explained the City has encouraged a number 38 of different developers to contact the property owner for a number of different developments and 39 this was the first time the property owners have considered selling. 40 41 Council Member Meehlhause requested who would be the driver of redeveloping the Mounds 42 View Square and AMC movie theater properties. Community Development Director Sevald 43 indicated the redevelopment of these sites would be led by the property owner, a willing developer 44 and the City Council. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 10 Council Member Hull questioned if the City has ever tried to buy these three parcels. Community 1 Development Director Sevald commented he was not aware of the City trying to purchase these 2 parcels. 3 4 Council Member Meehlhause stated the Council had three items on the agenda related to Woodale 5 Apartments and action could not be taken on two of the items until the second hearing was held 6 on Ordinance 998. He asked if this was correct. Community Development Director Sevald reported 7 this was the case. He requested the Council hold the first reading and introduce Ordinance 998 and 8 to table action on the Preliminary Plat and PUD/Development Review to December 27. He 9 explained this project required financing from the City, County and State and applications would 10 be submitted to the State the first week in January. He indicated if the Council would like anything 11 changed about this project, the developer would appreciate this being discussed this evening. 12 13 Council Member Meehlhause explained the PUD was troubling to him stating he did not 14 understand Item 7 related to the exterior building materials. Community Development Director 15 Sevald explained City Code requires 50% of every exterior wall meets certain standards for 16 exterior material. He noted this building had more than four sides, which made the calculation of 17 this minimum standard difficult. He discussed how a PUD allows for certain deviations from City 18 Code. 19 20 Mr. Ackman indicated his intent was to meet or exceed City Code requirements when it came to 21 exterior building materials. 22 23 Community Development Director Sevald discussed the type of siding that was being used on the 24 building, noting there was a combination of brick, cement board, fiber siding, wood tone siding 25 and architectural metal. He reviewed an exterior materials board in further detail with the Council. 26 27 Council Member Meehlhause questioned how the building would be impacted if the City stuck to 28 the 50% requirement. Community Development Director Sevald commented on how the columns 29 on the building would have to be widened in order to accommodate this requirement. 30 31 Council Member Meehlhause discussed the amount of tree removal and noted the developer was 32 being asked to provide 57 trees that would be planted elsewhere in the community. Community 33 Development Director Sevald stated with previous PUD’s it was not uncommon to have a 34 deficiency with trees, where more trees cannot fit on the property. Instead of giving these trees up, 35 the City has had developers donate trees for use on public land. 36 37 Council Member Meehlhause explained he supported the developer being required to donate 38 additional trees to the City for use on public lands. 39 40 Mayor Mueller indicated her feelings have been pretty clear regarding this project. She explained 41 she had difficulty supporting this project when so many of the neighbors opposed and the PUD 42 guidelines were not being followed. She believed the developer was asking for too many 43 deviations with this project and stated she would not be offering her support. She asked that a roll 44 call vote be taken for the introduction of Ordinance 998. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 11 Community Development Director Sevald asked if the Council had any specific changes for the 1 project that would add costs. He noted the developer would like this information prior to 2 December 27. 3 4 Mayor Mueller stated there was nothing that would change her mind to support this project. 5 6 Council Member Bergeron requested the Council call the question. 7 8 MOTION/SECOND: Meehlhause. To Waive the First Reading and Introduction of Ordinance 9 No. 998, Amending the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single 10 Family Residential to PUD Planned Unit Development. 11 12 Motion failed for lack of a second. 13 14 MOTION/SECOND: Hull/Cermak. To Deny the First Reading and Introduction of Ordinance 15 No. 998, Amending the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single 16 Family Residential to PUD Planned Unit Development. 17 18 Council Member Hull stated he was part of the developmental review on this project. He indicated 19 he supported the project being reviewed by the full Council, but understood it would be an uphill 20 battle. He thanked the developers for their work with the property owners and staff. He understood 21 there were some positives to this project, but not enough to force the apartment complex on the 22 neighbors. 23 24 City Attorney Riggs reported if the Council denies the First Reading of this Ordinance, the Council 25 would also have to deny the Preliminary Plat and the PUD/Development Review. 26 27 Mayor Mueller requested a roll call vote be taken. 28 29 ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 Councilmember Meehlhause stated he was pro-development and supported this project moving 34 forward, but understood the consensus of Council was to not move this project forward. He 35 discussed how this project would need support from both the County and the State before moving 36 forward. In addition, the new Council would have to consider and create TIF financing. He 37 thanked staff and the developer for all of their efforts on this project. 38 39 City Attorney Riggs questioned when the 60 day timeline would expire for this project. 40 41 Community Development Director Sevald reported the timeline had been extended and the 42 deadline was now February 10, 2023. 43 44 City Attorney Riggs explained a statement would have to be adopted by the Council stating why 45 the project was denied. He reported this statement would have to be approved by the Council at 46 Mounds View City Council December 12, 2022 Regular Meeting Page 12 the December 27, 2022 City Council meeting. 1 2 Council Member Bergeron stated he understood this property would develop in the future, but 3 noted the proposed building was too big for the site. With that being said, he wanted to make it 4 clear that he was fully committed to affordable housing in Mounds View. 5 6 Council Member Cermak explained she was opposed to this project due to the location. She noted 7 she moved to the community 37 years ago with five children and four additional children from a 8 previous marriage. She stated she would be viewed as one of those people who were burdening 9 the school district. She indicated she worked hard to put her kids through private school. She 10 encouraged the residents in attendance to not categorize people because not everyone was a burden 11 on the public school system. She stated she was not one of “those” people, but rather was working 12 to make Mounds View a better community. 13 14 Council Member Meehlhause commented the Council met with representatives from the school 15 district at a work session meeting several years ago. He indicated the Council asked if the school 16 district wanted to deal with the challenges of increasing enrollment or declining enrollment and 17 was told they would rather deal with increasing enrollment. He reported Mounds View had the 18 highest number of median priced homes sold last year because people want to be a part of this 19 school district. 20 21 Mayor Mueller asked what action should be taken on Items 8B2 and 8B3. City Attorney Riggs 22 recommended action on these items be postponed to the December 27, 2022 City Council meeting. 23 24 2. PUBLIC HEARING (Continued): Resolution 9653, Approving the 25 Preliminary Plat of “WOODALE APARTMENTS”. 26 27 Community Development Director Sevald reported action on this item should be postponed to 28 December 27, 2022. 29 30 MOTION/SECOND: Meehlhause/Cermak. To postpone action on this item to the December 27, 31 2022 City Council meeting. 32 33 Ayes – 4 Nays – 0 Abstain – 1 (Bergeron) Motion carried. 34 35 3. PUBLIC HEARING (Continued): Resolution 9654, Approving the PUD of 36 “WOODALE APARTMENTS”, and Development Review located at 2310 37 Mounds View Boulevard. 38 39 Community Development Director Sevald reported action on this item should be postponed to 40 December 27, 2022. 41 42 MOTION/SECOND: Meehlhause/Cermak. To postpone action on this item to the December 27, 43 2022 City Council meeting. 44 45 Ayes – 4 Nays – 0 Abstain – 1 (Bergeron) Motion carried. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 13 1 C. PUBLIC HEARING: Resolution 9664, Approving a Class A Restaurant 2 License and On-Sale Intoxicating Liquor License for Dos Hermanos Mexican 3 Restaurant at 2535 Mounds View Boulevard (Mounds View Square). 4 5 City Administrator Zikmund requested the Council approve a Class A Restaurant License and On-6 Sale Intoxicating Liquor License for Dos Hermanos Mexican Restaurant at 2535 Mounds View 7 Boulevard which was located in Mounds View Square. He explained the applicant has submitted 8 all necessary paperwork and fees to the City. Staff commented further on the request and 9 recommended approval. 10 11 Mayor Mueller opened the public hearing at 8:59 p.m. 12 13 Zack Lindstrom, 8378 Long Lake Road, stated he was excited to have this new restaurant in the 14 City of Mounds View. 15 16 Sherry Gunn, 5485 Landmark Circle, welcomed Dos Hermanos Mexican Restaurant to the 17 community. She encouraged residents to visit this new restaurant in order to keep it within the 18 community. 19 20 Hearing no further public input, Mayor Mueller closed the public hearing at 9:01 p.m. 21 22 Malcolm Terry, owner of the restaurant, introduced himself and Oscar Rivera to the Council noting 23 this would be their second restaurant location. 24 25 Mayor Mueller questioned when the restaurant would be open to the public. Mr. Terry reported he 26 would not get possession of the building until the liquor license was in place. He stated once the 27 liquor license was in place, he could make the necessary improvements to the building in order to 28 prepare for opening. He noted the landlord would be replacing the air exchanger on the hood 29 system and would be making repairs on the HVAC system. All of this needs to take place before 30 he could open. He anticipated the restaurant would be open in January of 2023. 31 32 Council Member Bergeron inquired if the menu would be similar to the menu in Brooklyn Park. 33 Mr. Terry reported the menu would be similar. It was noted the restaurant served Tex-Mex style 34 food. 35 36 Council Member Cermak asked how involved this restaurant would be in the community. Mr. 37 Terry stated he would be happy to help sponsor youth sports teams and school events. 38 39 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9664, 40 Approving a Class A Restaurant License and On-Sale Intoxicating Liquor License for Dos 41 Hermanos Mexican Restaurant at 2535 Mounds View Boulevard (Mounds View Square). 42 43 Mayor Mueller and Council Member Meehlhause welcomed Dos Hermanos Mexican Restaurant 44 to the community. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 14 Ayes – 5 Nays – 0 Motion carried. 1 2 D. Resolution 9675, Authorization to Develop Plans and Specifications for the 3 2023 Street Rehabilitation Project – Pleasant View Drive/Stinson Boulevard 4 and to Continue with Project Planning. 5 6 Public Works/Parks and Recreation Director Peterson requested the Council authorize staff to 7 Develop Plans and Specifications for the 2023 Street Rehabilitation Project – Pleasant View 8 Drive/Stinson Boulevard and to Continue with Project Planning. He explained the City was 9 looking to rehab Pleasant View Drive and Stinson Road between County Road H2 and County 10 Road I. He reported this would be a joint project with the City of Fridley and Fridley would be 11 managing the project designs in house. He commented further on the proposed street 12 improvements, the proposed trail and recommended approval of the development of the Plans and 13 Specifications for the 2023 Street Rehabilitation Project. It was noted a determination would be 14 made on the trail at a later date. 15 16 Council Member Meehlhause questioned how this roadway aligned with the Mounds View Street 17 Task Force street standards. Public Works/Parks and Recreation Director Peterson commented this 18 street would be the same as Hillview from Long Lake Road going east. 19 20 City Attorney Riggs spoke to the petition that was submitted by a Mounds View resident regarding 21 this improvement project. He explained this petition was informational in nature and was not 22 something that would move forward to a vote. 23 24 Mayor Mueller asked if the shared use trail was being reduced to eight feet instead of ten feet. 25 Public Works/Parks and Recreation Director Peterson explained the trail would be ten feet wide. 26 27 Mayor Mueller inquired if two foot reaction zone could be eliminated. Public Works/Parks and 28 Recreation Director Peterson explained if this were eliminated, traffic would be running adjacent 29 to the curb. 30 31 Mayor Mueller questioned if the trail could be reduced two feet to make it eight feet wide. Public 32 Works/Parks and Recreation Director Peterson commented this would impact how the City 33 manages the snow along this roadway. 34 35 Mayor Mueller clarified approval of this item moves the street forward and noted the trail would 36 be further considered by the Council in 2023. Public Works/Parks and Recreation Director 37 Peterson reported the Council was being to approve staff moving forward with the Plans and 38 Specifications and noted the trail would be bid separately, which meant the Council would make 39 a determination on the trail in 2023. 40 41 Mayor Mueller commented there would only be parking on one side of this street. She asked if 42 this would impact the placement of mailboxes. Public Works/Parks and Recreation Director 43 Peterson reported mailboxes would remain on both sides of the street because one side was Fridley 44 and the other side was Mounds View. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 15 Mayor Mueller opened the meeting for comments from the public. 1 2 Rene Johnson, 7385 Pleasant View Drive, stated she was proud of this City Council and for the 3 statements they made tonight. She commented on the proposed trail and questioned why a ten foot 4 trail would be installed when it would match up on either end of the block to an eight foot trail. 5 She believed the ten foot trail was overkill. She asked if mailbox posts would be addressed by the 6 City. She discussed how the proposed street design would cause a safety concern for her and her 7 neighbors when getting their mail. She was of the opinion a trail was not needed because the 8 residents use the parking lane for walking/biking. 9 10 Jane Jellings, 7581 Pleasant View Drive, indicated the street was already wide enough to 11 accommodate cars, walkers and bikers. She questioned why it was all of the sudden not working. 12 She questioned where the proposed roadway design came from. 13 14 Mayor Mueller reported this project was being driven by the City of Fridley and Mounds View. 15 16 Ms. Jellings explained she would not oppose a sidewalk if it was within the street right of way that 17 was widened in 1994. She reported people do not park on this street and requested the road not be 18 widened. 19 20 Mayor Mueller reviewed the current and proposed schematics for this roadway, stating the 21 roadway width would be increased by two feet. She indicated the Council was being asked to allow 22 staff to develop plans and noted the trail would be a bid alternate for this project. 23 24 Ms. Jellings asked what would happen with the mailboxes. 25 26 Mayor Mueller discussed how her mailbox was moved during construction and were then 27 reinstalled after the project was completed. She reported the street would not be going to group 28 mailboxes. 29 30 Florence Lindahl, 7611 Pleasant View Drive, stated she was concerned with the widening of this 31 roadway. She believed the roadway was safe as it was, noting she supported the improvement of 32 the surface of the roadway. She requested the trail be no more than eight feet, or that the trail be 33 pushed into Fridley, which would create a better connection for the trail system and to a local park. 34 35 Ted Forbath, 3025 Bronson Drive, reported he owns the property at 7525 Pleasant View Drive. He 36 stated he was very proud of the comments the Council made regarding the previously considered 37 apartment complex. He explained he has received no notification on this project. He stated he 38 would like to remain informed in order to remain connected to the City and to be able to offer his 39 views on this project. He encouraged the Council to consider the lack of connectivity the proposed 40 trail would have. 41 42 Rebecca Scholl, 2467 Hillview Road, supported this project moving forward. She appreciated the 43 fact there were options for the trail. She explained she would like to know more about the safety 44 of individuals walking on a raised curb trail versus walking on the roadway. She discussed how 45 the improvements that were made in front of her house has created a sense of community as there 46 Mounds View City Council December 12, 2022 Regular Meeting Page 16 were more friendly walkers along her street. 1 2 Broch Lindahl, 7611 Pleasant View Drive, stated he supported the street being improved. He 3 suggested if the trail moves forward that the width be the same as the trails on Spring Lake Road 4 and Cummings. He asked that the parking lane and the two foot safety aisle be reversed to allow 5 for a larger buffer for the sidewalk/trail area. He stated another option would be to move the trail 6 to the Fridley side of the street. 7 8 Mayor Mueller closed the meeting for comments from the public. 9 10 Council Member Meehlhause requested further information regarding mailboxes. Public 11 Works/Parks and Recreation Director Peterson explained the residents on each side of the street 12 would be retaining their mailboxes on the same side of the street. He noted if the trail were 13 approved, a two foot clearance would have to be provided per ADA requirements. 14 15 MOTION/SECOND: Hull/Cermak. To Waive the Reading and Adopt Resolution 9675, 16 Authorization to Develop Plans and Specifications for the 2023 Street Rehabilitation Project – 17 Pleasant View Drive/Stinson Boulevard and to Continue with Project Planning. 18 19 Council Member Meehlhause stated the project timeline was being driven by the City of Fridley 20 because their residents will be assessed for this project. He commented on how the residents along 21 this street would benefit from having a new street. He discussed the options that were available to 22 the Council with respect to the trail, and reiterated that the trail would be an alternate bid for this 23 project. 24 25 Council Member Hull indicated staff notified residents on November 9th regarding this matter. 26 City Administrator Zikmund explained Mr. Forbath’s property was missed because this was a 27 vacant lot. He noted Mr. Forbath would be included on all future meeting notifications. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 Public Works/Parks and Recreation Director Peterson provided the Council with an update on the 32 County Road I improvement project and noted Anoka County was working to reduce the speed of 33 traffic along this roadway. 34 35 E. Resolution 9665, Approving the 2023 City Council Meeting Dates. 36 37 City Administrator Zikmund requested the Council approve the 2023 City Council meeting dates. 38 39 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9665, 40 Approving the 2023 City Council Meeting Dates. 41 42 Mayor Mueller asked why the Town Hall meetings were being discontinued indefinitely. 43 44 Council Member Meehlhause explained the Council discussed how poorly attended these events 45 are each year and were quite expensive too hold. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 17 1 Ayes – 5 Nays – 0 Motion carried. 2 3 F. Resolution 9666, Approving the Renewal of Mounds View Business Licenses 4 (Non-Liquor). 5 6 City Administrator Zikmund requested the Council approve the renewal of Mounds View Business 7 licenses (non-liquor). He commented on the feedback staff had received regarding Curbside. 8 9 Council Member Hull requested staff speak to Curbside regarding their early trash pickup. 10 11 City Administrator Zikmund asked if the City could suspend a business license. City Attorney 12 Riggs reported this was an option but this could be problematic as residents would have to find a 13 new garbage hauler. 14 15 Council Member Bergeron suggested Curbside be informed that their license was renewed 16 contingent to discontinuing early AM pickups. City Attorney Riggs reported this could be done. 17 He stated the sooner the Council notifies Curbside of the concerns the Council has the better. He 18 explained another option would be to postpone action on Curbside’s business license to the 19 December 27 City Council meeting and invite them to attend in order to discuss the Council’s 20 concerns. 21 22 Mayor Mueller stated her only concern was that the Curbside driver would retaliate against the 23 residents of Mounds View. City Attorney Riggs reported the Council was simply delaying action 24 on the business license in order to speak with the license holder about the concerns they have 25 regarding early AM pickups. 26 27 Finance Director Beer questioned if a fine could be written into the Ordinance for businesses that 28 violate their business license. City Attorney Riggs stated this could be done noting this would 29 require an ordinance amendment. 30 31 Brian Amundsen, 3048 Woodale Drive, commented if the City were to deny the haulers license, 32 how would the residents that have contracts with this hauler be impacted. 33 34 City Attorney Riggs reported he does not usually provide legal advice to residents in the 35 community, but stated typically the contract would have to be reviewed. He stated the bottom line 36 was the business could not operate in the community and therefore would not be allowed to collect 37 a fee from Mounds View residents. 38 39 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Resolution 9666, 40 Approving the Renewal of Mounds View Business Licenses (Non-Liquor) removing Curbside’s 41 business license and inviting Curbside to attend the December 27, 2022 City Council meeting. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 G. Approval of Resolution 9667, Approving the Renewal of Mounds View Liquor 46 Mounds View City Council December 12, 2022 Regular Meeting Page 18 Licenses. 1 2 City Administrator Zikmund requested the Council approve the renewal of the Mounds View 3 liquor licenses. He reported all requests were fully compliant and staff recommended approval. 4 5 MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 9667, 6 Approving the Renewal of Mounds View Liquor Licenses. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 Mayor Mueller recessed the City Council meeting at 10:12 p.m. 11 12 Mayor Mueller reconvened the City Council meeting at 10:17 p.m. 13 14 H. PUBLIC HEARING: Ordinance 994, Amending the City Charter Pertaining 15 to Filing for Office Charter Commission. ROLL CALL VOTE 16 17 City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter 18 pertaining to filing for office for the Charter Commission. He discussed how technical the process 19 was to update the City Charter. He reported a majority vote of the Charter Commission and a 20 unanimous vote of the Council was required in order to amend the City Charter. He commented 21 further on the proposed Charter change pertaining to filing for office and term limits and 22 recommended approval. 23 24 Mayor Mueller opened the public hearing at 10:19 p.m. 25 26 Hearing no public input, Mayor Mueller closed the public hearing at 10:20 p.m. 27 28 MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Ordinance 994, 29 Amending the City Charter Pertaining to Filing for Office Charter Commission. 30 31 Council Member Meehlhause thanked Commissioner Brandon Clawson for addressing this matter 32 with the Charter Commission. 33 34 ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 I. PUBLIC HEARING: Ordinance 995, Amending the City Charter Pertaining 39 to Vacancies in Elected Office. ROLL CALL VOTE 40 41 City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter 42 pertaining to vacancies in elected office. He thanked Attorney Joe Sathe for his assistance in 43 crafting this Ordinance. 44 45 Mayor Mueller opened the public hearing at 10:24 p.m. 46 Mounds View City Council December 12, 2022 Regular Meeting Page 19 1 Hearing no public input, Mayor Mueller closed the public hearing at 10:25 p.m. 2 3 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt Ordinance 995, 4 Amending the City Charter Pertaining to Vacancies in Elected Office. 5 6 ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 J. PUBLIC HEARING: Ordinance 996, Amending the City Charter Pertaining 11 Vacancies in Elected Office. ROLL CALL VOTE 12 13 City Administrator Zikmund requested the Council adopt an Ordinance amending the City Charter 14 pertaining to vacancies in elected office. 15 16 Council Member Meehlhause discussed how the State legislature passed legislation on when 17 special elections can be held. He questioned what these months were. City Administrator Zikmund 18 reported the Charter references State Statute. 19 20 Mayor Mueller opened the public hearing at 10:27 p.m. 21 22 Sherry Gunn, 5485 Landmark Circle, explained special elections could be held February, April, 23 May, August and November. 24 25 Brian Amundsen, 3048 Woodale Drive, thanked Brandon Clawson for the time he spent on the 26 Charter Commission, along with all of the other members on the Charter Commission. He 27 indicated the Charter Commission has been working on this issue since 2016. Lastly, he thanked 28 Joe Sathe for his assistance with the Ordinance amendments. 29 30 Hearing no public input, Mayor Mueller closed the public hearing at 10:31 p.m. 31 32 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Ordinance 996, 33 Amending the City Charter Pertaining Vacancies in Elected Office. 34 35 Council Member Meehlhause stated he brought this item forward for consideration noting he was 36 struck by the 365 days. He was of the opinion 18 months was more reasonable. He discussed how 37 a Council could have a vacancy from November to February until a special election could be held. 38 He reported statutory cities could make appointments if they have a vacancy, noting elections were 39 quite costly. 40 41 ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 K. Resolution 9673, Accepting and Allocating American Rescue Plan Act 46 Mounds View City Council December 12, 2022 Regular Meeting Page 20 Funding. 1 2 Finance Director Beer requested the Council accept and allocate American Rescue Plan Act 3 funding. He stated the ARPA grant the City received came in two separate disbursements, one in 4 2021 and the other in 2022. He explained in 2021, the Council designated the funds for the 5 appropriation of Public Safety expenditures. He reported the 2022 funding would allocate 6 $600,000 for Public Safety expenditures. 7 8 MOTION/SECOND: Meehlhause/Bergeron. To Waive the Reading and Adopt Resolution 9673, 9 Accepting and Allocating American Rescue Plan Act Funding. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 L. Public Hearing, Second Reading and Adoption of Ordinance 997, an 14 Ordinance Amending Chapter 31 of the Mounds View Municipal Code 15 Regarding Mayor and City Council Annual Compensation. ROLL CALL 16 VOTE 17 18 City Administrator Zikmund requested the Council adopt an Ordinance amending Chapter 31 of 19 the Mounds View Municipal Code Regarding Mayor and City Council Annual Compensation. He 20 noted this Ordinance would not take effect until January 1, 2025. 21 22 Mayor Mueller opened the meeting for public comments. 23 24 Mayor Mueller closed the meeting for public comments. 25 26 MOTION/SECOND: Hull/Mueller. To Waive the Second Reading and Adopt Ordinance 997, an 27 Ordinance Amending Chapter 31 of the Mounds View Municipal Code Regarding Mayor and City 28 Council Annual Compensation. 29 30 ROLL CALL: Bergeron/Cermak/Hull/Meehlhause/Mueller. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 M. Resolution 9676, Minnesota Department of Transportation Contract – Federal 35 Participation in Construction. 36 37 City Administrator Zikmund requested the Council approve a contract with the Minnesota 38 Department of Transportation regarding federal participation in construction. He explained this 39 would be a contract renewal that names the State as the recipient of federal dollars that would then 40 be passed along to the City. 41 42 Mayor Mueller stated the City previously received $40,000 in federal aid. She questioned where 43 these dollars were placed. Finance Director Beer reported these dollars were placed in the Street 44 Improvement Fund. 45 46 Mounds View City Council December 12, 2022 Regular Meeting Page 21 MOTION/SECOND: Bergeron/Hull. To Waive the Reading and Adopt Resolution 9676, 1 Minnesota Department of Transportation Contract – Federal Participation in Construction. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 9. REPORTS 6 A. Reports of Mayor and Council. 7 8 Council Member Cermak stated the Police Foundation would be meeting at 5:30 p.m. on Tuesday, 9 December 13 where the group would be discussing Shop with a Cop. She noted this would be her 10 last meeting as the Vice President. 11 12 Mayor Mueller asked when the daddy/daughter dance would be held. 13 14 Council Member Cermak reported the dance would be held on Saturday, February 4 at the 15 Community Center. 16 17 Mayor Mueller noted she attended the Active Living Ramsey County meeting earlier today via 18 Zoom where transit in the metro area was discussed. 19 20 Mayor Mueller explained on Thursday she would be attending her last annual meeting with the 21 Ramsey County League of Local Government. 22 23 Mayor Mueller commented on a letter she received from Executive Director Dave Unmacht with 24 the League of Minnesota Cities. She wished him all the best in his retirement and thanked him for 25 his tremendous service to the State of Minnesota. 26 27 Mayor Mueller discussed a publication she received from the St. Paul Area Association of Realtors 28 and encouraged the Council to read this publication. 29 30 Mayor Mueller stated she had wonderful experiences and she has been proud to serve this 31 community on the City Council. 32 33 B. Reports of Staff. 34 35 City Administrator Zikmund stated he was happy to report Well No. 5 was running again. 36 37 City Administrator Zikmund explained Hannah and Alexa would be attending a conference in 38 Nashville, Tennessee which required Council approval. 39 40 MOTION/SECOND: Bergeron/Meehlhause. To approve Hanna Kenow and Alexis Bostrom 41 attending out of state travel for training on behalf of the City of Mounds View. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 City Administrator Zikmund requested the Council make a motion to post for the open GIS 46 Mounds View City Council December 12, 2022 Regular Meeting Page 22 Technician position. 1 2 MOTION/SECOND: Meehlhause/Hull. To direct staff to post for the open GIS Technician 3 position in the Public Works Department. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 C. Reports of City Attorney. 8 9 City Attorney Riggs had nothing additional to report. 10 11 10. Next Council Work Session: Monday, January 3, 2023, at 6:30 p.m. 12 Next Council Meeting: Tuesday, December 27, 2022, at 6:30 p.m. 13 14 11. ADJOURNMENT 15 16 The meeting was adjourned at 11:02 p.m. 17 18 Transcribed by: 19 20 Heidi Guenther 21 Minute Maker Secretarial 22 Item No: 5.C. Meeting Date December 27, 2022 Type of Business: Consent Agenda Administrator review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Rayla Sue Ewald, Human Resource Director Item Title/Subject: Resolution 9679 Authorizing Separation Compensation for GIS Technician Jacob Garibay Background GIS Technician Jacob Garibay submitted his resignation effective December 29, 2022. Mr. Garibay has been employed by the City for four (4) years (start date April 16, 2018). Attached is Resolution 9679, authorizing separation compensation to Mr. Garibay in accordance with the City’s Personnel Manual. Discussion Section 2.11 Retirement Health Savings Plan (RHSP) of the Mounds View Personnel Manual, state employees who complete two (2) or more years of service and leave the City in good standing shall contribute their eligible sick leave hours, converted at the rate of 50%, to their RHSP. And, 50% of accrued vacation compensation to the RHSP. Section 5.03 Separation Procedures and Policies of the Mounds View Personnel Manual, state upon separation of employment with the City, employees shall be compensated for vacation hours (50% of remaining vacation hours not designated to the RHSP) and any compensatory time hours (if accrued). Employees leaving in good standing will receive the lump-sum compensation for all accrued vacation and compensatory time on their final paycheck. Mr. Garibay will have estimated leave balances of: 88.20 hours vacation (50% = 44.10 hours), 0.00 hours compensatory time, and 373.12 hours sick time (50% = 186.56 hours). The following represents estimated separation compensation eligible to Mr. Garibay: Hours Hourly rate Payout Vacation Hours 50% 44.10 $37.64 $ 1,659.93 Cash Payout Vacation Hours 50% 44.10 $37.64 $ 1,659.93 Into RHSP Compensatory Hours 0.00 $37.64 $ 0.00 Cash Payout Sick Leave 50% 186.56 $37.64 $ 7,022.12 Into RHSP Total Separation Compensation: $10,341.98 Recommendation Staff recommends approval of Resolution 9679 authorizing separation compensation for GIS Technician Jacob Garibay. Respectfully submitted, _______________________ Rayla Sue Ewald Human Resource Director Attachment(s): Resolution 9679, Authorizing Separation Compensation for GIS Technician Jacob Garibay The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9679 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING SEPARATION COMPENSATION FOR GIS TECHNICIAN JACOB GARIBAY WHEREAS, GIS Technician Jacob Garibay submitted his resignation effective December 29, 2022; and WHEREAS, in accordance with Section 2.11 Retirement Health Savings Plan (RHSP) of the Mounds View Personnel Manual, employees who complete two (2) or more years of service and leave the City in good standing shall contribute their eligible sick leave hours, converted at the rate of 50%, to their RHSP. Fifty-percent (50%) of accrued vacation compensation is converted to the RHSP; and WHEREAS, in accordance with Section 5.03 Separation Procedures and Policies of the Mounds View Personnel Manual, upon separation, 50% of remaining vacation hours not designated to the RHSP, and any compensatory time hours (if accrued), will be paid on the employees final paycheck; and WHEREAS, the rate of pay for Mr. Garibay upon resignation date was $37.64 per hour. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves estimated separation compensation to Mr. Jacob Garibay consistent with Sections 2.11 and 5.03 of the Mounds View Personnel Manual as follows: Hours Hourly rate Payout Vacation Hours 50% 44.10 $37.64 $ 1,659.93 Cash Payout Vacation Hours 50% 44.10 $37.64 $ 1,659.93 Into RHSP Compensatory Hours 0.00 $37.64 $ 0.00 Cash Payout Sick Leave 50% 186.56 $37.64 $ 7,022.12 Into RHSP Total Separation Compensation: $10,341.98 Adopted this 27th day of December, 2022. ________________________________ Carol A. Mueller, Mayor ATTEST: ________________________________ Nyle Zikmund, City Administrator (seal) The Mounds View Vision A Thriving Desirable Community Item No: 5.D. Meeting Date: December 27, 2022 Type of Business: Consent Agenda Administrator Review ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Rayla Sue Ewald, Human Resource Director Item Title/Subject: Resolution 9680 Authorize Additional Compensation for Deputy Chief Benjamin Zender to Work in Higher Job Classification Introduction: Chief Nate Harder remains on a leave of absence due to a work related injury. Investigator Jeremy Hellpap was serving as Acting Chief while Deputy Chief Benjamin Zender was out of state attending training for 10-weeks. Deputy Chief Zender has returned and has agreed to take on the role of Acting Chief for the duration of Chief Harder’s leave. Discussion: It is unknown when Chief Harder will return from his medical leave of absence. Investigator Hellpap successfully performed as the Acting Chief and agreed to stand down effective December 13, 2022 from the role, and Deputy Chief Zender has agreed to carry on as Acting Chief effective December 14, 2022. Staff recommends the following wage increase during the interim period beginning December 14, 2022, lasting until Chief Harder has returned to full duty: Zender Current Wage (Deputy Chief): Start Step 1 6 Months Step 1.5 1 Year Step 2 2 Year Step 3 3 Year Step 4 4 Year Step 5 Dep Chief 2022 $47.19 $48.67 $50.14 $53.09 $56.04 $58.99 Dep Chief 2023 $48.61 $50.13 $51.65 $54.68 $57.72 $60.76 Chief Wage Proposed: Start Step 1 6 Months Step 1.5 1 Year Step 2 2 Year Step 3 3 Year Step 4 4 Year Step 5 Chief 2022 $56.92 $58.70 $60.48 $64.04 $67.59 $71.15 Chief 2023 $58.92 $60.46 $62.29 $65.95 $69.62 $73.28 Staff suggests placing Acting Chief Zender at Step #3 of the Chief wage as of December 14, 2022, where he will receive an incentive for providing coverage of both positions during the Chiefs absence. When Chief Harder returns to full-time active duty, Deputy Chief Zender would return to Step 5 of the Deputy Chief Pay Plan. Strategic Plan Strategy/Goal: Provide ways for employees to advance in their careers through training, promotions, and other incentives. Financial Impact: Length of wage adjustment unknown, and dependent upon Chief Harder’s recovery. Recommendation: Staff recommends approval of Resolution 9680 Authorize Additional Compensation for Deputy Chief Benjamin Zender to Work in Higher Job Classification. Rayla Sue Ewald Human Resource Director Attachment(s): 1) Resolution No. 9680 Authorize Additional Compensation for Benjamin Zender to Work in Higher Job Classification 2) Exhibit A – Personnel Manual Section 2.14 Working in Higher Classification Positions RESOLUTION NO. 9680 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING ADDITIONAL COMPENSATION FOR DEPUTY CHIEF BENJAMIN ZENDER TO WORK IN HIGHER JOB CLASSIFICATION WHEREAS, Chief Nate Harder remains on a leave of absence due to a work related injury; and WHEREAS, Investigator Jeremy Hellpap served as Acting Chief while Deputy Chief Benjamin Zender was attending out of state training. Deputy Chief Zender has returned and agreed to serve as Acting Chief for the remainder of Chief Harder’s leave beginning December 14, 2022, returning Investigator Hellpap to his regular Investigator duties effective December 14, 2022; and WHEREAS, during Chief Harder’s absence, Deputy Chief agreed to cover higher job classification responsibilities, while maintaining his own job duties as the Deputy Chief; and WHEREAS, Deputy Chief Zender earns Step 5 of the Pay Plan, staff suggests placing Acting Chief Zender at Step 3 of the Chief wage as of December 14, 2022, where he will receive an incentive for providing coverage of both positions during the Chiefs absence; and WHEREAS, when Chief Harder returns to full-time active duty and Acting Chief Zender returns to the position of Deputy Chief, Deputy Chief Zender will return to the position at Step 5 of the Deputy Chief Pay Plan. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves: 1. Returning Acting Chief Hellpap to position and prior compensation of Investigator effective December 14, 2022. 2. Authorizing additional compensation for Benjamin Zender working in a higher job classification effective December 14, 2022 until Chief Harder returns to full-time active duty. Zender Current Wage (Deputy Chief): Start Step 1 6 Months Step 1.5 1 Year Step 2 2 Year Step 3 3 Year Step 4 4 Year Step 5 Dep Chief 2022 $47.19 $48.67 $50.14 $53.09 $56.04 $58.99 Dep Chief 2023 $48.61 $50.13 $51.65 $54.68 $57.72 $60.76 Chief Wage Proposed: Start Step 1 6 Months Step 1.5 1 Year Step 2 2 Year Step 3 3 Year Step 4 4 Year Step 5 Chief 2022 $56.92 $58.70 $60.48 $64.04 $67.59 $71.15 Chief 2023 $58.92 $60.46 $62.29 $65.95 $69.62 $73.28 3. Adopted this 27th day of December, 2022. ____________________________________ Carol A. Mueller, Mayor ATTEST: ____________________________________ Nyle Zikmund, City Administrator Section 2.14 Working in Higher Classification Positions Acting pay for an employee may be requested by the Department Head whenever an employee is designated to perform the duties and responsibilities of a position in a higher classification for a period that exceeds 30 days. A higher classification is defined as a position that is one (1) or more pay levels above the employee’s current pay plan. Any acting appointments require City Administrator and City Council approval. The duration of an interim assignment may not exceed six (6) months, unless authorized by the City Administrator and City Council. The employee in the acting appointment shall be eligible for a temporary increase to, at minimum, the entry rate of the appointed position range, or the step within the interim positions range that is above their current actual salary, not to exceed the interim range cap. The acting pay will be implemented retroactive to the first day of the acting appointment and continue for the duration of the assignment. In the event a step increase or annual adjustment occurs during the time an employee is working in an acting assignment, the acting pay will adjust by the amount of the pay increase the employee would have received during the course of the acting assignment. A non-union employee classified as non-exempt who assumes an acting appointment which is an exempt classification, shall not be eligible for overtime compensation while performing the duties of the acting appointment. Employees covered by union contracts shall be compensated in accordance with the Working Out of Classification provisions of the applicable contract. THIS PAGE LEFT BLANK INTENTIONALLY The Mounds View Vision A Thriving Desirable Community Item No: 05E Meeting Date: Dec 27, 2022 Type of Business: Consent City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jon Sevald, Community Development Director Item Title/Subject: Resolution 9683: Appoint Planning Commission Chair Introduction: Mounds View City Code §33 establishes a Planning & Zoning Commission. Its members also serve as the Board of Adjustment & Appeals. The Commission must recommend a Chair, to be appointed by the City Council for a one-year term. Discussion: At the Planning Commission’s December 7th meeting, the Commission recommended Gary Rundle as Chair, and re-appointed Dennis Farmer as Vice-Chair. Commissioners Rundle and Farmer have served the same positions since 2021. Commissioner Rundle has served on the Planning & Zoning Commission since 2009. Strategic Plan Strategy/Goal: Increase community engagement while being sensitive to the changing demographics & their needs and inclusive to all socioeconomic situations. Financial Impact: N/A Recommendation: Staff recommends approval. Respectfully, Jon Sevald, AICP Community Development Director The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9683 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING A CHAIRPERSON OF THE PLANNING AND ZONING COMMISSION WHEREAS, the City of Mounds View Municipal Code §33.001 establishes a Planning and Zoning Commission, which shall be the City planning agency as authorized by Minnesota Statute §462.354, Subd 1; and, WHEREAS, the City of Mounds View Municipal Code §33.025 establishes a Board of Adjustment and Appeals, of which its membership shall consist of members of the Planning and Zoning Commission; and, WHEREAS, the City of Mounds View Municipal Code §33.002(A) states that based upon the recommendation of the Planning and Zoning Commission, the City Council, shall appoint a Chairperson; and, WHEREAS, the Mounds View Planning and Zoning Commission recommends that Gary Rundle be appointed as Chairperson; and, NOW, THEREFORE BE IT FINALLY RESOLVED THAT Gary Rundle is appointed as Chairperson of the Planning and Zoning Commission, for 2023. Adopted this 27th day of December, 2022. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (SEAL) Item No: 08A Meeting Date: December 27, 2022 Type of Business: Council Business City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9682 Resolution to Approve Business License Renewal for Curbside Waste, Inc. BACKGROUND/NOTE: Resolution 9666 was presented and adopted at the December 12, 2022 Council meeting. Council adopted Resolution 9666 with an amendment to remove Curbside for action until their December 27, 2022 meeting. Staff was directed to request owner/representatives to the meeting to address resident concerns. Introduction In accordance with the Mounds View City Code, certain businesses require annual licensing and City Council approval. The City of Mounds View business licenses were before the Council for approval on December 12, 2022. Because Curbside Waste, Inc. was removed from Resolution 9666 for further discussion, it is before you today for reconsideration. Discussion Curbside Waste, Inc. business license renewal was removed from the resolution at your last meeting because of numerous resident complaints. Curbside was asked to have a representative at the December 27th meeting for further discussion and reconsideration. Again, here is the background on recent complaints regarding Curbside: Curbside Waste, Inc. As a reminder, Curbside Waste, Inc. was issued a garbage/recycling hauler’s license in November 2018 after operating in the City of Mounds View without a license. At that time Curbside was providing hauler service to a few Mounds View commercial properties and was first notified that a license was needed in July 2018. Several notices were given, including a letter to Curbside from the City’s Attorney, until the matter was finally resolved in November of 2018. The City become aware of the issue after two individuals, who were planning to go door-to-door and solicit Curbside’s services, came into City Hall inquiring as to why Curbside was not on our City’s Haulers list. The following is a timeline of additional violations since that time: 09/11/2019 Curbside employee reprimanded after knowingly mixing waste and recycling in the same vehicle. The vehicle was stopped and photos taken by our Code Enforcement Inspector. Item 08A December 27, 2022 Page 2 The Mounds View Vision A Thriving Desirable Community 01/18/2022 Curbside Waste was notified that within the past week or two the City received two complaints who were irate over the behaviors of the independent contractors of Curbside. They did obtain a permit to solicit in Mounds View. However, one violated a “No Soliciting” sign that was in plain view. The other told a lie telling the homeowner that Walter’s, their hauler, was going out of business. This particular homeowner called the City wanting Curbside to be held accountable. Just to keep in mind, these were independent contractors of Curbside to assist with their marketing. 09/2022 A resident of Mounds View called the City to complain that Curbside was picking up trash at 6:23 a.m. The owner, Chad Master, was notified by email and responded. Mounds View’s ordinance indicates no excessive noise between 10:00 p.m. and 7:00 a.m. 10/20/2022 A resident of Mounds View called the City to complain that Curbside was picking up trash at 6:16 a.m. 11/03/2022 A resident of Mounds View called the City to complain that Curbside was picking up trash at 6:13 a.m. 11/25/2022 A resident of Mounds View called the City to complain that Curbside was picking up trash at 6:12 a.m. This particular resident had placed his container out at 6:50 a.m. but it was missed because of the early pickup which Curbside later acknowledged. 12/01/2022 A resident of Mounds View called the City to complain that Curbside was picking up trash at 6:21 a.m. (Photo with date and time stamped provided by homeowner). The owner of Curbside, Chad Masters, was sent an email by Staff advising him of the numerous complaints regarding pickup before 7:00 a.m. We asked him at that time to take action immediately and provide us with assurances that he would. Mr. Masters replied that he would again reach out to the driver and make sure he doesn’t start before 7:00 a.m. Strategic Plan Strategy/Goal Our licensing ordinance and its requirements along with the renewal applications listed relate to our Vision Statement; “…welcoming a desirable destination to all ages and cultures…and a place where residents can live, work and play safely” and by approving the license renewals the City will “….maintain a positive business climate where businesses want to locate and remain in Mounds View”. Item 08A December 27, 2022 Page 3 The Mounds View Vision A Thriving Desirable Community Financial Impact None Recommendation 1. Staff is recommending that the Council approve Resolution 9682 approving the business license renewal for Curbside Waste, Inc. for the period of January 1 to December 31, 2023. 2. Staff further recommends that staff take appropriate steps with Council to suspend or rescind the License to Curbside if any similar or like complaints are received and validated for the remainder of Calendar year 2023. Respectfully Submitted, ________________________ Nyle Zikmund RESOLUTION 9682 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE BUSINESS LICENSE RENEWAL FOR CURBSIDE WATE, INC. FROM JANUARY 1 TO DECEMBER 31, 2023 WHEREAS, City of Mounds View Business Licenses expire December 31, 2022; and WHEREAS, these business licenses must be approved by the City Council annually; and WHEREAS, business licenses were approved on December 12, 2022, with the exception of Curbside Waste, Inc., which was removed from the resolution for further discussion due to numerous complaint by residents; and WHEREAS, the City Council asked that a representative from Curbside Waste, Inc. appears at the next regular Council meeting on December 27, 2022, for further discussion. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, after further discussion, hereby approves the Garbage/Recycling Hauler’s license for Curbside Waste, Inc. BE IT FURTHER RESOLVED that this license shall be effective from January 1 to December 31, 2023. BE IT FINALLY RESOLVED that Staff recommends that steps are taken to suspend or rescind the license for Curbside Waste, Inc. if any similar or like complaints are received and validated for the remainder of Calendar year 2023. Adopted this 27th day of December, 2022. Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) AGREEMENT 1. PARTIES This agreement is made and entered into by and between the City of Mounds View, Minnesota (“Municipality”) and Northeast Youth and Family Services (“NYFS”). 2. RECITALS a. NYFS is a non-profit social service agency whose mission is to meet the unmet developmental needs of at-risk youth and families within their community environment with emphasis on providing services through collaboration and coordination with existing community resources. These services are available to youth and families residing in the northern suburbs of Ramsey County, including, but not limited to, the municipalities which are signatory to agreements which are identical to this Agreement (“participating municipalities”) and students and families from Independent School Districts 621, 622, 623, 624, 282, and 832. b. Through this Agreement the Municipality intends to contract with NYFS to provide such services to its residents and to act as a sponsor of NYFS by providing financial support, a method to establish appropriate services to be provided and policy guidance for its activities. c. This Agreement shall be used as the formal agreement between NYFS and each of the participating municipalities. This Agreement is intended to continue the spirit of cooperation and collaboration in the provision of social services between the Municipality and NYFS. 3. TERMS AND CONDITIONS In consideration of the mutual understandings of this Agreement, the parties hereby agree as follows: a. Prior Agreements Cancelled. By execution of this Agreement any prior agreements and amendments thereto between the parties are hereby cancelled. b. Services Provided. NYFS shall provide the Municipality and its residents with youth and family programs set forth in the Addendum attached hereto. c. Principles of Service and Program Establishment and Operations . On a yearly basis and prior to submission of its annual budget, as provided for hereafter, NYFS shall: i. Report regarding proposed changes in services and programs to the Municipality; and ii. Establish a fair and open bidding/request for proposal (RFP) process to contract, manage or provide such services and programs, which are not directly provided by NYFS staff. d. Funding i. In addition to the participating municipalities’ share of the annual budget, funds for the operation of NYFS will be raised by NYFS endeavoring to secure user fees, grants and appropriations from private organizations, the State of Minnesota, Federal and County agencies, and other legal and appropriate sources. ii. The Municipality shall pay annually to NYFS the base amount listed in Exhibit A. This base amount will be adjusted annually for inflation/deflation based on the Standard Metropolitan Statistical Area Consumer Price Index for All Urban Consumers (CPI-U) and municipal population estimates based on MN State Demographic Center. Any adjustment in the payment beyond those indicated by reference to the CPI-U shall require approval of each of the participating municipalities. iii. Any new municipality joining into this agreement will pay a base amount annually to NYFS that is on par with the amount paid by current participating municipalities. iv. Amounts payable by the Municipality shall be paid to NYFS on or before January 30th of each year, or at a date mutually agreed upon by both parties, to cover the Municipality’s share for that year. e. Board Representation. The Municipality shall have the right to NYFS Board Representation of City Council, staff or community members (as designated by the Municipality and approved by NYFS Board) on the Board of Directors as either a Board Member or Board Advisor. f. Further Obligations of NYFS. In addition to the obligations set forth elsewhere in this Agreement, this Agreement is further contingent upon NYFS doing the follows: i. The Bylaws of NYFS shall be amended to add provisions requiring an open process for contracting services as provided for in paragraph C.2., above, and prohibiting NYFS from supporting or opposing individual candidates for election to public office in any of the participating municipalities; and adding the requirement that IRS 501.C3 status be maintained. ii. On or before June 30, of any year NYFS shall submit the proposed city budgeted amount for the subsequent year. iii. On or before November 30, of any year NYFS shall submit a written report to the Municipality including an Annual Report, the audited financial statement, and a program specific summary of services provided to the municipality; in addition, 30 days from the end of each calendar quarter, NYFS shall submit a written report to the participating municipality. iv. Periodically advising the Municipality of services available through NYFS to the Municipality’s residents; v. Establishing a sliding scale for services available through NYFS to the Municipality’s residents and periodically advising the Municipality of such fees; vi. Providing other reasonable information requested by the Municipality; vii. Purchasing a policy of liability insurance in the amount of at least $1,500,000.00, naming the Municipality as an additional insured and providing a copy of the insurance certificate evidencing such policy to the Municipality; viii. Provide the Municipality with a copy of its Articles of Incorporation, Bylaws, Amendments thereto, and the IRS tax exempt status letter; ix. NYFS shall defend and indemnify the Municipality from any and all claims or causes of actions brought against the Municipality of any matter arising out of this Agreement or the services provided pursuant to this Agreement; and, x. Without the written approval of the Municipality, NYFS will not enter into any agreement with any other municipality which differs from the terms and conditions of this Agreement. g. Term. The term of this agreement will be through December 31, 2023. Unless either party gives at least 6 months written notice of its intent to cancel this Agreement effective December 31 of the year in which the notice is made, NYFS will continue to provide services to the Municipality if a successor agreement has not been executed prior to the end of the term. h. (A) Distribution of Assets Upon Dissolution. If NYFS ceases to operate, the Board of Directors will do one of the following: i. Give the assets to one or more non-profit agencies providing similar social services in the northern suburbs of Ramsey County; or, ii. Form a new Foundation to fund appropriate social service programming in the northern suburbs of Ramsey County. The final Distribution of Assets Plan must be approved by the Ramsey County District Court. (B) Deviation from the Mission. If the City Council determines that NYFS has materially deviated from its mission (See II. Recitals, A.), the City Council may ask the NYFS Board of Directors to consider dissolving the agency and liquidating the assets. The Board will do one of the following: iii. Consider the request and by a majority vote deny it. iv. Consider the request and by a majority vote agree to modify the programs to be consistent with the mission. v. Consider the request and by a majority vote agree with the request and move to dissolve the agency and liquidate the assets. IN WITNESS WHEREOF, the parties have executed this Agreement on this date set forth below. MUNICIPALITY City of Mounds View By: ______________________________ Elected Official Its: ______________________________ Clerk/Manager/Administrator Dated: ______________________________ NYFS Northeast Youth & Family Services By: _______________________________ President/CEO Its: _______________________________ Chair of the Board of Directors Dated: _______________________________ 12/2022 Northeast Youth & Family Services Municipal Participation Figures Municipal Contract Community Advocate Municipal Contract Community Advocate 2022 2022 2023 2023 Board Approved Increase Dollar increase Board Approved Increase Dollar increase of 8.5 % based on CPI-U over 2022 of 8.5 % based on CPI-U over 2022 Falcon Heights 11,286.74$ 12,246.11$ 959.37$ Little Canada 21,395.16$ 23,213.75$ 1,818.59$ Mounds View 27,455.68$ 25,750.00$ 29,789.41$ 2,333.73$ 27,938.750$ 2,188.750$ New Brighton 47,625.14$ 10,300.00$ 51,673.28$ 4,048.14$ 11,175.50$ 875.50$ North Oaks 10,926.24$ 11,854.97$ 928.73$ Roseville 74,720.32$ 20,600.00$ 81,071.55$ 6,351.23$ 22,351.00$ 1,751.00$ St. Anthony 18,678.02$ 12,875.00$ 20,265.65$ 1,587.63$ 13,969.38$ 1,094.38$ Shoreview 54,548.80$ 59,185.45$ 4,636.65$ Birchwood 1,804.56$ 1,957.95$ 153.39$ Hugo *15,000.00$ 16,275.00$ 1,275.00$ Mahtomedi 16,562.40$ 17,970.20$ 1,407.80$ Vadnais Heights 27,187.88$ 29,498.85$ 2,310.97$ City of WBL 52,443.48$ 25,750.00$ 56,901.18$ 4,457.70$ 27,938.75$ 2,188.75$ WB Tnship 22,855.70$ 24,798.43$ 1,942.73$ Lauderdale 4,678.26$ 5,075.91$ 397.65$ Total 407,168.38$ 95,275.00$ 441,777.69$ 34,609.31$ 103,373.38$ 8,098.38$ * Hugo splits its support of NYFS with another Community-Based Mental Health agency Contracted Services Mental Health Services: • Shoreview and White Bear Lake Mental Health Clinics – licensed mental health staff provide therapy for the emotional health of children, teens, and adults. • School-Based Mental Health – licensed mental health staff provide onsite therapy in the schools for the emotional health of students within Roseville, Mounds View, and White Bear Lake school districts. Community Service Programs: • Youth Diversion – a coordinated range of services for youth who have committed minor offenses (e.g. shoplifting, chemical/alcohol use, vandalism) to help them focus on positive behavior and prevent recidivism. • Community Connections – This seven-week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post- secondary education exposure, career exploration, and mentorship. Non-Contracted Services Mental Health Services: • Northeast Educational & Therapeutic Services (NETS) – provides therapy and academic support for youth in grades 6-12 with severe mental illnesses who cannot function in traditional school environments. Community Service Programs: • Community Advocate – This program serves people who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. This can include: mental health issues, family instability, medical care and other needs. Addressing these underlying issues reduces the need for law enforcement intervention in the future. Page 1 of 9 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into effective January 1, 2023, by and between the City of Mounds View, Minnesota, a municipal corporation under the laws of the State of Minnesota, hereinafter referred to as "City," and Northeast Youth & Family Services, a Minnesota Nonprofit Corporation located at 3490 Lexington Ave North, Suite 205, Shoreview, MN 55126 ("Provider"). The City and Provider, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, agree as follows: Provider agrees to provide the services described in this Agreement. Statement of work. Provider will provide community advocacy services to households referred from City law enforcement departments. Services will be provided by the Community Advocate, an employee of the Provider who will work on a fulltime basis independently and collaboratively with the City. The Community Advocate will be supervised by the designee within Northeast Youth & Family Services. The Community Advocate will provide “follow up” activities to referred households which will include efforts to establish a relationship, assess needs, develop a Goal Action Plan, connect to resources, and follow up on the impact of the Goal Action Plan. The Community Advocate will maintain regular communication with an identified City “point of contact” regarding new referrals, progress on current referrals and follow up on closed referrals. The Community Advocate will typically work a traditional Monday through Friday schedule during business hours, with occasional evening hours as contact with referrals necessitate. Generally, the work schedule may be set between the Community Advocate and the supervisor designee at Northeast Youth & Family Services. Time For Completion. The services rendered by Provider will commence on January 1, 2023, and will continue for one year, unless this agreement is terminated or renewed in accordance with the relevant provisions within. Project Management. Provider will assign specific individuals as principal project members and ensure that the major work and coordination will remain the responsibility of these individuals during the term of the Agreement. Provider is responsible to place an appropriate employee in the role of Community Advocate. Page 2 of 9 The City will designate a “point of contact” as the project manager for this Agreement, and the individual to whom all communications pertaining to the Agreement shall be addressed. The project manager shall have the authority to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. Billings and Payment. Services provided to the City will be provided as part of a collaborative program at an approved upon cost of $27,938.75 to the City. The City shall have no liability or bear any responsibility for payment for any services provided by Provider outside the scope of this agreement, even if the individual was identified or referred for such services via the services provided for in this agreement. City Responsibilities. The City will provide Provider with access to information from City documents, staff, and other sources needed by Provider to complete the work described in this Agreement. Amendment or Changes to Agreement. A. City or Provider may request changes that would increase, decrease, or otherwise modify the Scope of Services. Such changes must be authorized in writing in advance by either the City or Provider. B. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement are valid only when reduced to writing and duly signed by the parties. C. Modifications or additional schedules may not be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendment, modification, or supplement. The term "this Agreement" includes any future amendments, modifications, and additional schedules made in accordance with these terms. Notices. Except as otherwise stated in this Agreement, any notice or demand to be given under this Agreement must be delivered in person or deposited in United States Certified Mail, Return Receipt Requested. Any notices or other communications must be addressed as follows: To the City To the Provider City of Mounds View Northeast Youth & Family Services Attn: Mounds View Police Department Attn: President & CEO 2401 Mounds View Blvd 3490 Lexington Ave North, Suite 205 Mounds View, MN 55112 Shoreview, MN 55126 Page 3 of 9 Survival of Obligations. A. The respective obligations of the parties under these terms and conditions, which by their nature would continue beyond termination, cancellation, or expiration, will survive termination, cancellation, or expiration of this Agreement. B. If a court or governmental agency with proper jurisdiction determines that this Agreement, or a provision of the Agreement is unlawful, this Agreement or that provision, will terminate. If a provision is so terminated but the parties legally, commercially, and practicably can continue this Agreement without the terminated provision, the remainder of this Agreement will continue in effect. Records, Dissemination of Information. A. For purposes of this Agreement, the following words and phrases have the meanings given in this section, except where the context clearly indicates that a different meaning is intended. "Work product" means any report, recommendation, paper, presentation, drawing, demonstration, or other materials, whether in written, electronic, or other format that results from Provider's services under this Agreement. "Work Product" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. "Supporting documentation" means any surveys, questionnaires, notes, research, papers, analyses, whether in written, electronic, or in other format and other evidences used to generate any and all work performed and work products generated under this Agreement. "Supporting Documentation" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. "Business records" means any books, documents, papers, account records and other evidences, whether written, electronic, or in other forma, belonging to Provider and pertaining to work performed under this Agreement. "Business records" does not include any data or information in any form that relates to the provision of services to an individual by the Provider that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. B. All deliverable work products and supporting documentation that directly result from the Provider's services under this Agreement and that are not protected personally -identifiable information will be delivered to the City throughout the engagement under this Agreement and at the conclusion of services. Page 4 of 9 C. The Provider agrees not to release, transmit, or otherwise disseminate information associated with or generated as a result of the work performed under this Agreement without prior knowledge and written consent of the City. D. In the event of termination, all documents finished or unfinished, and supporting documentation prepared by the Provider under this Agreement, and that are not protected personally-identifiable information, will be delivered to the City by Provider by the termination date and there will be no further obligation of the City to Provider except for payment of amounts due and owing for work performed and expenses incurred to the date and time of termination. E. The parties agree to maintain all business records in such a manner as will readily conform to the terms of this Agreement and to make such materials available at reasonable times during this Agreement period and for six (6) years from the date of the final payment under the contract for audit or inspection by the City, the Auditor of the State of Minnesota, or other duly authorized representative. F. The parties agree to abide strictly by Chapter 13, Minnesota Government Data Practice Act, and any other applicable data privacy and security laws and regulations. The requirements of this provision do not apply to any information or data created, collected, received, stored, used, maintained, or disseminated by Provider in providing services to an individual that are outside the scope of this Agreement, even if the individual was identified or referred for such services via the services provided by the Provider to the City in this Agreement. G. Notwithstanding anything in this Agreement to the contrary , Provider will comply with all state and federal laws applicable to the disclosure of information related to the health status of or provision of health care to individuals served by Provider. In the event of any ambiguity or conflict between any laws regarding disclosure of such information, such ambiguity or conflict shall be resolved in favor of the law or interpretation that is most protective of the privacy and confidentiality of the individual served. Provider will create, maintain, and secure personally-identifiable health information as appropriate to document interventions or care provided by Provider in Provider's sole discretion. Personally-identifiable health information may be reported to the City only as authorized by law. Personally-identifiable data may be shared with the subject's consent. Personally- identifiable information may be shared without the subject's consent to prevent or lessen a serious or imminent threat to the health or safety of an individual or the public or if the subject is involved in an emergency interaction and disclosure of information is necessary to protect the health or safety of the referred person or another person. Certain data obtained by the City to respond to an emergency are private data on individuals and will not be used for any other purpose. To the extent possible, private data released to the City to respond to an emergency will be marked and designated as private data by the releasing party or person. Page 5 of 9 The parties will document releases of information as required by law, including the date and circumstances under which the release was made, the person or agency to whom the release was made, and the information released. Human Rights/Affirmative Action/Economic Opportunity. Provider agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, creed, religion, color, sex, sexual or affection al orientation, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to the same. Compliance With Applicable Law. The parties agree to comply with all federal, state and local laws or ordinances, and all applicable rules, regulations and standards established by any agency of such governmental units, insofar as they relate to the performance of the provisions of this Agreement. Each party is responsible to obtain all permits or licenses required for the performance of services under this Agreement as applicable to the actions of the respective party. Conflict of Interest. Provider's acceptance of this agreement indicates compliance with City code. As such, except as permitted by law, no City official or employee shall be a party to or have a direct financial interest in any sale, lease, or contract with the City. The Provider also affirms that to the best of the Provider's knowledge, their involvement in this contract does not result in a conflict of interest with any part or entity which may be affected by the terms of this contract. The Provider agrees that should any conflict or potential conflict of interest become known to the Provider, Provider will immediately notify the City of the situation so that a determination can be made about Provider's ability to continue performing services under this contract . Responsibility for Acts and Omissions. Each party agrees that it will be responsible for its own acts and omissions and the acts and omissions of its employees, elected officials, and agents as they relate to this Agreement and for any liability resulting therefrom, to the extent authorized by law, and will not be responsible for the acts and omissions of the other party or their employees, elected officials, and agents, or for any liability resulting therefrom. The City's liability is governed and limited by the Municipal Tort Claims Act, Minnesota Statutes chapter 466, and other applicable law. Each party warrants that it is able to comply with the obligations of this Agreement through commercial insurance or a self-funding program. All insurance policies or self-insurance certificates are open to inspection by the other party and copies of the policies or certificates of self-insurance shall be submitted to a party upon written request. Page 6 of 9 Assignment. The City and Provider each binds itself and its successors, legal representatives, and assigns of such other party, with respect to all covenants of this Agreement; and neither the City nor the Provider will assign or transfer their interest in this Agreement without the written consent of the other. Termination. This Agreement will continue in full force and effect until completion of the project unless either party terminates the Agreement. Either party may terminate this Agreement, without or without cause, by providing 60 days written notice to the other party. In the event of termination, the Provider will deliver all work products and supporting documentation developed up to the time of termination. Renewal. This Agreement may be renewed or extended by the written agreement of the parties. Alterations. Any alteration, variation, modification or waiver of the provisions of the specifications that may have occurred during the bidding process or amendments to this Agreement are valid only when reduced to writing. Interpretation of Agreement, Venue. This Agreement will be interpreted and construed according to the laws of the State of Minnesota. All litigation regarding this agreement must be venued in the District Court of the County of Ramsey, Second Judicial District, State of Minnesota. Independent Provider. It is agreed by the parties, that at all times and for all purposes, within the scope of the Agreement resulting from this solicitation, the relationship of the Provider to the City is that of independent Provider and not that of employee. No statement contained in this Agreement may be construed so as to find the Provider an employee of the City. Cooperative agreement, independent authority The parties are entering into this Agreement for the purposes of providing collaborative services to individuals experiencing crisis who are the subject of a police call for service. Each party agrees that its employees who act under this Agreement are granted independent authority to provide services within the employee's scope of practice, as regulated and governed by the respective employing party. Page 7 of 9 The parties agree that their respective employees will act collaboratively but exercise independent judgment, discretion, and acts within each respective employee's area of responsibility or authority, this includes independent assessment and exercise of authority under Minnesota Statutes chapters 148E, 2538, 626, 629 and any other statutory or other applicable authority. The parties agree and stipulate that none of its employees or agents has the authority to require the employees or agents of the other party to exercise any independent authority reserved by law. Waiver. The waiver by either party of any breach under the terms of this Agreement or any rights or remedies arising under the terms of this Agreement will not constitute a waiver of the party's right to any rights and/or remedies with respect to any subsequent breach or default of the terms of the Agreement. Subcontracting. Provider agrees not to enter into any subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. Insurance. Provider is required to carry insurance of the kind and in the amounts shown below for the life of the Agreement. Certificates for General Liability Insurance should state that the City of White Bear Lake, its officials, employees, agents and representatives are Additional Insureds. 1. General or Business Liability Insurance $1,500,000 per occurrence $2,000,000 aggregate per project $2,000,000 products/completed operations total limit $1,500,000 personal injury and advertising Policy must include an "all services, products, or completed operations" endorsement when appropriate. 2. Worker's Compensation and Employer's Liability. Provider must maintain appropriate Worker's Compensation coverage as required by Minnesota law. 3. Professional Liability Insurance is required when a contract is for service for which professional liability insurance is available for purchase. a. $1,000,000 per occurrence b. $2,000,000 aggregate Page 8 of 9 4. General Insurance Requirements a. All policies must be written on an occurrence basis or as acceptable to the City. Certificates of insurance must indicate if the policy is issued on a claims-made or occurrence basis. Agent must state on the certificate if company carries errors and omissions coverage. b. The Provider may not commence any work until Certificates of Insurance covering all of the insurance required for this project is approved and the Project manager has issued a notice to proceed. Insurance must remain in place for the duration of the original contract and any extension periods. c. The City reserves the right to review Provider's insurance policies at any time to verify that City requirements have been met. d. Satisfaction of policy limits required above for General Liability Insurance, may be met with the purchase of an umbrella or excess policy. Any excess or umbrella policy will be written on an occurrence basis, and if such policy is not written by the same insurance carrier, the proof of underlying policies shall be provided with any certificate of insurance. Force Majeure. Neither the City nor the Provider may be held responsible for performance if its performance is prevented by acts or events beyond the party's reasonable control, including, but not limit ed to: severe weather and storms, earthquake or other natural occurrences, demonstrations, strikes and other labor unrest, power failures, electrical power surges or current fluctuations, nuclear or other civil military emergencies, or acts of legislative, judicial, executive. Entire Agreement. It is understood and agreed that this entire Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matters of the Agreement. Page 9 of 9 NORTHEAST YOUTH & FAMILY SERVICES CITY OF MOUNDS VIEW By ____________________________ By: ____________________________ Title___________________________ Title___________________________ Date __________________________ Date __________________________ By: ____________________________ Title___________________________ Date __________________________ The Mounds View Vision A Thriving Desirable Community Item No: 08C Meeting Date: Dec 27, 2022 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: Resolution 9653 Denying Application to Amend the Official Zoning Map for 2310 Mounds View Boulevard, from R-1 Single-Family Residential to PUD Planned Unit Development Introduction: Reuter Walton (developer) is proposing “Woodale Apartments”, a 140-unit apartment building to be located at 2310 Mounds View Boulevard. Public Hearings were conducted on November 28th, and continued on December 12, 2022. At the December 12th Public Hearing, the Council did not Approve the 1st Reading & Introduction of the Zoning Map amendment (Ordinance 998), and tabled action on the Preliminary Plat, and PUD/Development Review to allow Staff to prepare Findings of Fact to support the denials. The Council’s consensus was that the project is not the right fit for its location, because of its size and impact on the neighborhood. Strategic Plan Strategy/Goal: Continue BR&E program, maximize utilization of development space and current list of available sites, encourage landowners to maintain their properties, & consider residential development. Financial Impact: Total project cost is $45.8 million ($35 million construction costs), or $327,786 per unit. The developer requested $1.8 million in TIF over 20-years, $3.5 million from Ramsey County, and planned to request $23 million in state bonding. $ 49,800 Est. property taxes (during TIF) $490,000 Park Dedication Fees $ 98,000 Building permit $367,000 TIF Administration Fees over 20-years Planning Commission Recommendation: The Planning Commission reviewed at their November 2, 2022 meeting, recommending Approval (Resolution 1154-22). Staff Recommendation: Staff recommends tabling, to allow the developer to revise its plans to mitigate concerns expressed during Public Hearings. As directed by the Council, the attached Resolution supports the Denial. Item 08C Page 2 of 2 The Mounds View Vision A Thriving Desirable Community Public Hearings were held November 28, 2022 and continued on December12, 2022. A Public Hearing Notice was published by the Shoreview Press on October 25, 2022, and mailed to property owners within 350’ of the project.1 Because Staff anticipates a larger interest in the project than is typical, Public Hearing Notices were mailed to additional property owners bounded by Mounds View Boulevard, Woodale Drive, and Edgewood Drive (e.g. the neighborhood). City Council Work Session Planning Commission City Council 1st Reading City Council 2nd Reading Economic Development Authority Concept Plan 08-01-2022 - - - - Zoning Map Amendment 11-07-2022 11-02-2022 12-12-2022 - - Subdivision – Preliminary Plat 11-02-2022 - 12-27-2022 - Subdivision – Final Plat - - - - CUP for PUD 11-02-2022 - 12-27-2022 - Development Review 11-02-2022 - 12-27-2022 - Pre-Development Agreement - - - - 11-28-2022 Conduit Bond 11-28-2022 TIF - - - - TBD The City’s 60-Day Review has been extended,2 regarding applications for the Zoning Map Amendment, PUD, and Development Review (expires February 10, 2023). Respectfully, Jon Sevald, AICP Community Development Director ATTACHED Site Plan Preliminary Plat & Grading Plan Resolution 9653 1 MN Statute 462.357; Subd 3 (Official Controls: Zoning Ordinance; Public Hearings) 2 Notice provided to Applicant, November 15, 2022. 4-STORY BUILDINGPHASE I - 140 UNIT6 26 6PHASE ISURFACE PARKING: 80 STALLS42 1 BUILDING ENTRANCE 2 GARAGE ENTRANCE SITE PLAN KEY 3 DOG RUN 4 PLAYGROUND 5 STAIRS TO SIDEWALK kaas wilson architects Woodale ApartmentsSITE PLAN 2.0 2310 Mounds View Blvd, Mounds View, MN 1 Dec 2022 22-07-C 0 64'32' 1 2 3 4 5 8' PRIVACY FENCE ALONGWESTERN LOT LINE4' FENCE ALONGRETAINING WALL4' F E N C E A L O N G R E T AININ G W A L L WOODALE DRIVEMOUNDS VIEW BOULEVARD(HIGHWAY 10)(PUBLIC)(PUBLIC)C-2.0WOODALE APARTMENTS PLANNED UNIT DEVELOPMENT SUBMITTAL PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LEGEND: LEGAL DESCRIPTION: PROPOSED LEGAL DESCRIPTION: S89°43'38"W 223.01N 3 9 ° 4 9 ' 1 0 " E 9 2 . 0 5S89°54'36"W 271.57WOODALE DRIVEMOUNDS VIEW BOULEVARDS50°06'40"E 294.00S50°06'40"E 206.95(HIGHWAY 10)(PUBLIC)[S49°24'47"E 206.50][ N 4 0 ° 3 5 ' 1 3 " E 9 1 . 9 8 ][S89°19'21"E 270.98](PUBLIC)N00°46'46"W 653.13 C-4.0WOODALE APARTMENTS PLANNED UNIT DEVELOPMENT SUBMITTAL 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700GRADING AND EROSION CONTROL PLANLEGEND: DOCSOPEN\MU205\59\845472.v1-12/20/22 RESOLUTION 9653 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DENYING APPLICATION TO AMEND THE OFFICIAL ZONING MAP FOR 2310 MOUNDS VIEW BOULEVARD, FROM R-1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT (PLANNING CASE MU2022-003) WHEREAS, Reuter Walton, (the “Applicant”) submitted three applications dated (October 10, 2022) for the property identified as PID: 08-30-23-31-0075, and that is located at 2310 Mounds View Boulevard (the “Property”) as the Applicant seeks to construct a 140-unit apartment building to be located at the Property; and WHEREAS, the first application requests a rezoning of the Property through a Zoning Map Amendment to rezone the Property from R-1 Single Family Residential to PUD Planned Unit Development; and WHEREAS, the second application requests approval of a preliminary plat regarding the Property; and WHEREAS, the third application requests approval of a planned unit development (“PUD”) and Development Review of the Property; and WHEREAS, the Applicant extended the City’s timeline to consider the application under Minn. Stat. § 15.99 until February 10, 2023; and WHEREAS, on November 2, 2022, the Planning and Zoning Commission reviewed the applications and recommended approval; and WHEREAS, the City Council held public hearings on the applications, after providing the appropriate notice, on November 28,2022, and which were continued until December 12, 2022 to allow time for the Developer to clarify and complete a traffic study, parking study, address exterior lighting, tree preservation, and a needs analysis; and WHEREAS¸ at the December 12, 2022 meeting of the City Council, a motion was made to approve the Zoning Map Amendment, but said motion failed to move forward due to the lack of a second; and WHEREAS, the City Council subsequently approved a motion to deny the rezoning application and directed staff to draft a written statement of the reasons for the denial in accordance with Minn. Stat. 15.99, subdivision 2 (c); and Resolution 9653 Page 2 of 3 DOCSOPEN\MU205\59\845472.v1-12/20/22 2 WHEREAS, and the City Council also moved to table the action on the Preliminary Plat and PUD and Development Review until the written statement for denial of the Zoning Map Amendment could be considered by the City Council at its regular meeting scheduled on December 27, 2022; and WHEREAS, the City Council hereby finds and determines as follows with respect to the denial of the Applicant’s requests: a. The Property is currently zoned R-1 Residential. b. The rezoning of land is a policy decision the City Council must make upon considering a number of factors, including, but not necessarily limited to, the zoning of surrounding land, the types of uses that will be allowed on the land if it is rezoned, the impacts of those uses in the area given the surrounding uses and the ability of the public infrastructure and services to accommodate those uses; c. The proposed use of the Property is rezoned as requested would conflict with the residential uses in the area, including those residential uses that are directly to the east and west of the Property and in other locations nearby; d. The proposal requires too many deviations from the standards for planned unit developments that are established in the City Code, including the following: i. Increased density; ii. Reduction in usable open space; iii. Elimination of trees on the project site; iv. Reduction in available parking from the established standard; v. Reductions in setbacks; and vi. Deviation from external building materials standards; e. Rezoning of the Property from R-1 Single Family Residential to PUD Planned Unit Development is not, for the reasons stated herein, in the best interests of the City or the public health, safety, and welfare; f. Having determined that rezoning the Property, as requested, is not appropriate, the request to approve a preliminary plat for the Property to accommodate the 140-unit apartment building, must also be denied; and g. Having determined that rezoning the Property, as requested, is not appropriate, the PUD and Developmental Review must also be denied. NOW, THEREFORE, BE IT RESOLVED, by the city council of the City of Mounds View, as follows: 1. The above set-forth preamble and recitals are incorporated into and made a part of this Resolution and constitute the finds of the City Council concerning this matter. Resolution 9653 Page 3 of 3 DOCSOPEN\MU205\59\845472.v1-12/20/22 3 2. The Applicant’s Zoning Code Amendment request is denied due to the reasons stated in this Resolution. 3. The Applicant’s Preliminary Plat for the project is denied because the Zoning Code Amendment was not approved. 4. The Applicant’s PUD and Development Review are denied because the Zoning Code Amendment was not approved. BE IT RESOLVED FURTHER THAT the city council hereby reduces its denial to writing in accordance with Minn. Stat. § 15.99, and directs the city administrator to provide this resolution to the Applicant immediately, prior to expiration of the extended review period. Dated: December 27, 2022. _________________________ Carol A. Mueller, Mayor Attest: ___________________________________ Nyle Zikmund, City Administrator