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HomeMy WebLinkAboutMinutes - 2001/01/22PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA 1. 2. 3. W;;~ ~, ~ ~ ~ ,w ~~ +~ MEETING IS CALLED TO ORDER Regular Meeting January 22, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:08 P.M. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas. APPROVAL OF AGENDA A. Monday, January 22, 2001 City Council Agenda. Mayor Sonterre asked the Council if anyone would like to add items to the agenda. MOTION/SECOND: Marty/Quick. To Add Item 10 E to Direct Staff to Create Specific Job Descriptions for Each Commission and Committee. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Stigney. To Add Item 10 F County Highway 10 Redevelopment Update. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Thomas. To Approve the January 22, 2001, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Tuesday, January 2, 2001, City Council Minutes. Council Member Marty requested the following changes: Page 2, change Berk to Berg; Change Mounds View Focus to Focus News; The reference to the Focus News reporter should be reporter/editor; Omit the sentence on Page 9 indicating Council took a five minute break before the work session. Mounds View City Council January 22, 2001 Regular Meeting Page 2 Mayor Sonterre requested the spelling of Mike Ulrich's name be corrected throughout the document. MOTION/SECOND: Marty/Stigney. To Approve the Tuesday, January 2, 2001, City Council Minutes with the requested changes. Ayes - 5 Nays - 0 Motion carried. B. Monday, January 8, 2001, City Council Minutes. Council Member Marty stated he questioned whether he had indicated the golf course was operating at a loss as noted on Page 5 of the minutes. MOTION/SECOND: Marty/Quick. To Table Discussion and Approval of the January 8, 2001, Meeting Minutes to Allow Staff to Review the Tape of the Meeting to Clarify the Comments of Council Member Marty. Ayes - 5 Nays - 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS: None. • 6. REPORTS Mayor Sonterre reported he had attended the Minnesota League of Cities conference in Fairmont a week ago and spoke with Carl Neu who asked him to pass along good wishes to the Council. City Administrator Miller indicated she had received a call from the Irondale School District requesting permission to use the Community Center for the high school get. together in the spring. Mayor Sonterre questioned whether the City or the School District would need to provide security at the building if the event is held at the Community Center. Mayor Sonterre suggested Staff inquire as to whether security has been used at prior School District events. Council Member Quick directed Staff to look into the matter further and report back to Council. City Administrator Miller noted there were scheduling conflicts with the Council/Staff retreat scheduled for January 29, 2001 and it has been cancelled. The retreat will be rescheduled for a date mutually acceptable to Council. Council Member Marty suggested Council discuss a date for the retreat after the Council meeting due to the large number of people in attendance at the meeting. Mounds View City Council Regular Meeting January 22, 2001 Page 3 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Licenses for Approval. C. .Resolution 5520, Appointing Gary Stevenson as Planning Commission Chair. Mayor Sonterre asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Marty/Thomas. To Approve the Consent Agenda for Items A, B, and C as presented. Council Member Marty stated he has served with Gary Stevenson on the Park and Recreation Commission before he went to the Planning Commission and he feels Gary Stevenson will be an excellent chairperson for the Commission. Ayes - 5 Nays - 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR William Werner of 2765 Sherwood Road stated at the last meeting a resident asked questions about the finances at the golf course. When it came to the question of the salary of the manager of the golf course Council Member Quick advised that salary by name is protected by data privacy. He then asked Mayor Sonterre if this was correct information. Mayor Sonterre indicated salary information is not available by name due to data privacy issues but salary by position or title is available as public information. City Attorney Riggs confirmed the statements of Mayor Sonterre. Mr. Werner said he had seen salary information in a newspaper from Blaine that printed salary by name and he questioned why Mounds View will not release salary information by name if it is done in Blaine City Attorney Riggs indicated the newspaper can publish whatever it wishes but a request for information needs to be handled by position and title as per data privacy practices requirements in state law. Mr. Werner told Council he had a list of salaries bi-weekly listed by name for Mounds View employees in a document from 1996. • Mounds View City Council January 22, 2001 Regular Meeting Page 4 Mayor Sonterre told Mr. Werner he had been given information as to how to obtain the information for the salary but said the City will not release salary information byname. Mr. Werner asked Mayor Sonterre to have Council Member Quick comment on this matter. Mayor Sonterre stated he did not feel it was necessary to have Council Member Quick comment on the matter and told Mr. Werner Council needed to move on with comments from other residents. Cindy Carvelli-Yu of 5255 Irondale Road thanked Community Development Director Ericson for the outstanding letter he sent to the theater concerning the parking issue. She kept track of parking on Irondale Road over the weekend and there have been a few changes since the last meeting. Since she was here it has happened every weekend rather than occasionally as she originally told Council. The totals range from six (6) cars to 26 cars. The neighborhood also has an issue with trash, popcorn, and pop debris being tossed as people walk to their cars. Ms. Carvelli-Yu explained a resident called and asked the police to drive by to see if they could get through and a woman with a young child was walking on the street and the police car had to slow down to a crawl to avoid removing mirrors which shows there is not enough room to pass with cars parked on both sides of the street. She expressed concern for less experienced drivers traveling on the road with the current conditions that could lead to a death or serious injury to pedestrians. Ms. Carvelli-Yu asked Council to check her neighborhood on the evening of February 9, 2001, as the theatre will release Hannibal which should make for a busy evening at the theatre Ms. Carvelli-Yu stated she feels the theater destroyed the woodlands and that while residents shouldn't have waited so long to complain they are before Council now and are asking for help. It seems to neighborhood residents the theatre is successful and, as such, the theatre should have enough money to provide parking for its patrons. She asked that council do something to help them. Mayor Sonterre said he drove over to the theatre and he counted 27 cars at 6:08 p.m. on Saturday. The issue is there and Council will deal with it. Mayor Sonterre told Ms. Carvelli-Yu he and Community Development Director Ericson had been working on the issue during the day today and asked Mr. Ericson to update the residents. Community Development Director Ericson told residents he had spent some time talking with the theater manager, the district manger for the theater, and the underlying property owner. The theater leases the land and Mr. Anthony in Texas is the landlord. Any improvements or expansions to the parking lot will need to be approved by Mr. Anthony. Mr. Anthony was told of resident and City concern for overflow parking flowing out into the neighborhood. Mr. Anthony offered to allow the theatre to plow the vacant lot between the theatre and Highway 10 for overflow parking as an immediate short-term solution. It appears that the lot should be able to hold 50 or 60 cars and should eliminate parking on Irondale road. Mounds View City Council January 22, 2001 Regular Meeting Page 5 Staff has checked and it does not appear vehicles are parking on Irondale Road because it is closer but because parking is not available in the lot. The City will continue to work with the theatre operator and the landlord to arrive at a permanent solution for the parking situation. Staff feels the theatre operator and the landlord have demonstrated a willingness to work with the City and residents to resolve the issue, as they have been very cooperative. Ms. Carvelli-Yu asked if the theatre operator could expand the parking lot. Community Development Director Ericson indicated there was not space available to expand the parking lot. There are two undeveloped lots available but the theatre operator does not own them Mr. Anthony owns them and is not interested in having one of his lots used for a parking lot. Council Member Quick indicated he had driven down Irondale Road on Saturday at 5:40 p.m. and there were 25 cars parked on Irondale Road. After the last meeting he and Council Member Marty went over to look at the parking lot and noticed a substantial number of parking spaces not plowed out. Last Saturday when he went through the situation was the same. He then asked Community Development Director Ericson if the theatre operator could be required to open up those spaces. Community Development Director Ericson indicated he did address the issue of snow removal with the theatre operator as that is something the City can control and enforce. Mr. Anthony has agreed to allow the theatre operator to remove snow and place it on the undeveloped lots if need Council Member Marty stated he had spoken to Police Chief Clark about the parking issue and Police Chief Clark told him it was more of an issue than Council was aware of as the police department has been getting some complaints for awhile. The police have instructed the theatre manager to open up the parking lot as there were a number of spots not available and the theatre did free up some of the spots but there are still several wasted spaces on the lot. Council Member Marty also indicated the sidewalk to the theatre has not been cleared forcing residents to walk in the street. He asked Mr. Ericson to speak to this as he has first hand knowledge of the situation. be. Community Development Director Ericson stated he had parked at City Hall and crossed County Highway 10 to go to a movie and found the sidewalk was not plowed and was forced to walk in the street. The issue of keeping the sidewalks clear will be addressed with the theatre operator. Council Member Thomas inquired as to whether the theatre is opening itself up to ADA compliance violations by not clearing the sidewalks. City Attorney Riggs indicated the business may have ADA compliance issues if it does not keep the sidewalks clear. Community Development Director Ericson indicated the landowner appeared concerned and willing to do what he can to motivate the theatre operators to make sure the situation is resolved. Mounds View City Council January 22, 2001 Regular Meeting Page 6 Mayor Sonterre stated he and Jeremiah Anderson had gone to the theatre this morning and found between 12 and 18 spots not available due to a snow removal issue. Mayor Sonterre explained to residents it is important to consider the spirit of the conversations to this point as it appears the City, the theatre operator, and the landowner are all in agreement that there is an issue and all seem willing to work together to resolve the issue. Michelle Sanbeck of 2356 Sherwood Road told Council she had come to City Hall at 5:00 p.m. to address the Cable Commission but the doors were locked and she could see a meeting cancellation notice posted. She asked Council if there is something that can be done about the programming schedule. It took her three or four hours to figure out the schedule which she had written down and she pointed out each week the schedule is different. She noted the schedule is in the New Brighton Bulletin but not in Focus News. She asked Council to do something to make the schedule more consistent and asked that it be published in Focus News. Recently she told her neighbors to watch the replay of the Rice Creek Watershed District meeting and then the meeting did not run as scheduled. She also pointed out there have been several instances where a meeting is playing only to be cut off prior to the completion of the meeting which is very frustrating when you spend time watching only to not be able to find out the conclusion of the meeting. She asked Council to make sure that the length of meetings is considered when playing back meetings. Mayor Sonterre asked Ms. Sanbeck to contact Patrick Toth who is in charge of the cable programming to discuss the programming issues. He also asked her to call each and every time there is an issue with programming to inform Mr. Toth as he takes pride in providing excellent service to residents and will work to remedy the situation. Mayor Sonterre asked Community Development Director Ericson if the cable playback schedule is on the website and, if not, if it was possible to do so. Community Development Director Ericson indicated he and Mr. Toth have spoken concerning placing the cable playback schedule on the website and are taking steps to do so. Mayor Sonterre stated the City would let residents know as soon as the cable playback schedule is available on the website. Council Member Marty noted for those residents that don't have a website the cable playback schedule is supposed to scroll on Channel 16. He then stated he had requested at a recent meeting Council request Focus News publish the cable schedule and he feels it is important to do so as Focus News is the City's legal newspaper. Barbara Haake, a member of the Cable Commission stated she had arrived at City Hall to discover the meeting was cancelled also. She told Ms. Sanbeck the next meeting is set for February 12, 2001. She then agreed to address the programming issues raised by Ms. Sanbeck with the Cable Commission as she too feels it is terribly frustrating to only see part of a meeting. Mounds View City Council January 22, 2001 Regular Meeting Page 7 Ms. Sanbeck noted there may be an issue with allowing the theatre to have overflow parking in the vacant lot as she believes there is an ordinance that does not allow vehicles to park if there is not class five, black top or concrete. Ms. Sanbeck asked City Attorney Riggs if a resident is allowed to ask for salary by position and then to ask for which positions an individual holds within the City. City Attorney Riggs indicated the City would be able to release the information if it was requested by position and then positions held by a certain individual were requested. Dan Lamb of 2305 Sherwood Road stated he is confused by the City's commitments of publication for the Rice Creek Watershed District meetings. Mr. Lamb stated he believed the City had agreed to expand the mailing list and to make an effort to publicize the issue through the legal newspaper and the cable channel. He then inquired as to whether the City has expanded the mailing list. Mr. Lamb stated he had gotten an e-mail from Mr. Ulrich that said he had invited all .residents from the original mailing list but did not make mention of an expanded mailing list. City Administrator Miller stated she was not aware of who was on the original mailing list as it was established prior to her start date with the City. Mayor Sonterre indicated it was his recollection the City had agreed to expand the mailing area three to five blocks beyond the original mailing list parameters. City Administrator Miller indicated she had received an e-mail from someone with an expanded mailing list. It is her understanding that Mr. Ulrich was sending out notices based on an expanded list. The City was also planning to put notice of the meeting on the electronic board in front of City Hall and to publish it in two editions of Focus News. It will also be put on the cable access channel and the City's website. Mr. Lamb stated for the record the meeting is scheduled for February $, 2001 at 6:30 p.m. which is only about two weeks away. He questioned when the City intended to get the information out to the public. City Administrator Miller indicated she had not done the mailing so she is unsure if it has been sent out. Mr. Lamb indicated the mailing has gone out as he received a postcard already. His concern is for those residents who maybe interested in attending the meeting but are not on the mailing list. There are residents in Mounds View who have expressed interest in assisting the City to get information out to the public as the last thing he wants to see is people not getting to voice their opinion and ending up with problems like the residents here tonight to discuss the problems with the movie theatre. Mounds View City Council January 22, 2001 Regular Meeting Page 8 Council Member Marty took issue with the last comment by Mr. Lamb as Council Chambers was packed full of residents voicing concerns about the movie theatre. Mr. Lamb indicated he was referring to the comment made that some residents did not speak up when they had their chance and then ended up with a problem. Council Member Thomas suggested Staff check to see if residents in temporary housing and multi-housing received the mailing as in the past it has been policy not to send City mailings to those groups. Mayor Sonterre asked City Administrator Miller to check with Mr. Ulrich to determine which residents were on the mailing list and then respond to Mr. Lamb's inquiries. Mr. Lamb asked if anyone from Council would be attending the Rice Creek Watershed District meeting. Mayor Sonterre indicated someone from Council should be at the meeting but indicated there is no formal designation of which Council Member will be attending. Council Member Marty indicated he will be out of town. Council Member Stigney indicated he planned on attending if he did not have a conflict. He also requested the meeting be cable cast as it was not last time. Council Member Thomas indicated she will be attending the meeting. Mr. Lamb stated this issue has been going on for some time even though Council has taken the position there is no plan for it. There was a study done which cost approximately $6,000 which he believes to be a lot of money for a preliminary plan. The City has called it a feasibility study and is now looking into another proposal which will require substantial engineering hours and at a time when the City should be looking into ways to reduce costs he asked how the City can justify the expenditure of even more money on a preliminary plan. Mayor Sonterre indicated there will be considerable debate and more definition at the meeting before the issue is brought before Council to determine the appropriate course of action. Mayor Sonterre respectfully requested Mr. Lamb's attendance at the meeting, as this is a very important issue to the City and area residents. 10. COUNCIL BUSINESS A. Resolution 5519, Authorizing Severance Package for Pat Michna. Assistant to the Administrator Reed reported Pat Michna has served the police department for 22 years and is retiring. Staff is before Council seeking approval of the severance package for Pat Mounds View City Council January 22, 2001 Regular Meeting Page 9 Michna which consists of $4,956.77 for accrued and unused vacation time and $8,066.80 for fifty-percent of accrued and unused sick leave for a total of $13,023.57. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5519, Authorizing the Severance Package for Pat Michna. Council Member Marty thanked Pat Michna for doing an excellent job for the City. Assistant to the Administrator Reed told Council Pat Michna will be formally recognized before Council on February 12, 2001. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing, Second Reading and Adoption of Ordinance 672, an Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Home Occupations. • Community Development Director Ericson explained Ordinance 672 was sent back to the Planning and Zoning Commission for additional review. There were minimal changes made to the Ordinance involving a couple of housekeeping issues, a change to on street parking, an increase in signage from one square foot to four square feet, and a change to allow for a sign within five (5) feet of the right of way. The Planning Commission felt one square foot of signage was insufficient. Staff has since heard from residents concerned for allowing signs within five (5) feet of the right of way. Residents have indicated allowing a four square foot sign within five (5) feet of the right of way gives ahome-based business more visibility and residents are concerned they would have signs invading the neighborhood. Staff feels there could be problems if the change to signage is allowed but this is before Council as the Planning Commission recommendation. Council may either table the issue for further discussion or could take action tonight depending on Council opinion. Council Member Quick inquired as to whether Council could approve the Ordinance taking out the change to signage. Community Development Director Ericson indicated Council could eliminate the change to signage and approve the Ordinance. Mayor Sonterre noted there have been some concerns voiced for allowing a change from one square foot to four square feet but the greater concern is for the placement of the sign. A sign on a house or garage is not as imposing as a sign in the front yard. The Planning Commission did a good job with the Ordinance by eliminating on street parking but allowing a sign within five feet of the right of way poses some concern. Council Member Marty left Chambers at 8:05 p.m. and returned at 8:08 p.m. Mounds View City Council January 22, 2001 Regular Meeting Page 10 Mayor Sonterre opened the public hearing at 8:05 p.m. Elizabeth Shelquist of 8025 Fairchild Avenue indicated that just as the residents on Irondale Road she would like the character of her neighborhood maintained. She has lived in Mounds View since 1964 and read the ordinances before she bought her lot and built her house and has always followed the ordinances. Ms. Shelquist stated she feels she represents the 95% of people who don't have home-based businesses who feel changes to the sign allowed will significantly change the look of the neighborhood. Ms. Shelquist stated in an Rl district a resident has the freedom to do what they want as long as it does not encroach on anyone else's rights. Ms. Shelquist stated there is the potential to have a sign in every yard on the block. She believes there is a need to preserve the outside image of the neighborhood. Ms. Shelquist noted Council Members ran on an "open communication" with residents campaign and she questioned why the second reading of this Ordinance was not in the Focus News. She also asked Council to publish notices in Mounds View Matters. Ms. Shelquist stated she is not only opposed to changing the Ordinance to allow for signage within five feet of the right of way but is opposed to allowing outside signage at all. Council Member Marty thanked Ms. Shelquist for her heartfelt and well-spoken comments. Ms. Shelquist asked what Council Member Quick had meant when he asked if Council could strike the change concerning signs and approve the Ordinance. Council Member Quick explained if Council approved the Ordinance without the change to signage the original language of the Ordinance concerning signage would stand which allows for a one square foot sign affixed to either the house or garage. Ms. Shelquist stated she would like to grandfather in anyone who has a sign at this point but not allow signs in the future. She stated she and many people her age came to Mounds View when Control Data moved in and love being in this community and doing things for the community. She asked Council to consider people like her who want a residential neighborhood with no signs, no traffic and no problems. Council Member Quick inquired as to when the home occupation ordinance was adopted. Community Development Director Ericson indicated he was not sure but could look into it. Ms. Shelquist stated she believed the home occupation ordinance to be part of the original Mounds View set of ordinances adopted in 1958, 1959 or 1960 and if it was changed she was not aware of it. Community Development Director Ericson noted the proposed change to the Ordinance was reported in at least one newspaper. Mounds View City Council January 22, 2001 Regular Meeting Page 11 • Barbara Haake stated she is very privileged to be able to work out of her house as an insurance agent and would not want to do anything to jeopardize the ability to do so. In her opinion, despite the fact she operates a business out of her home, she does not believe it is appropriate to have signs posted in yards changing the character of the residential neighborhoods. Council Member Thomas stated she does not believe the City has properly defined what ahome- based business is and until it does so is not in a position to resolve the other issues such as parking and signage. There needs to be a policy to protect the neighborhood but also to allow for a business in the home. She does not believe enough has been done to address the issues and the City has not gotten enough resident input to do so. Ms. Shelquist stated if the City wants to limit home-based businesses the issue has been addressed very well in most of the suburbs. Most suburbs have decided to allow a home occupation if it is quiet, and produces no traffic and no signs. Ms. Shelquist stated she had called a New Brighton council member who said he thought a resident had to have a permit to open up a business and that when the resident came to get the permit would be questioned concerning the business. A home-based business is allowed to have two customers per day for a total of four trips. In Spring Lake Park they are allowed a nameplate on the door. She stated she has never seen signs on lawns other than campaign signs and does not feel it is appropriate. i Council Member Thomas stated she feels the City needs to allow more time for public comment as to what the community wants ahome-based business to be. It would then be easier to define the issues. Mayor Sonterre closed the public hearing at 8:28 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Second Reading and Adopt Ordinance 672, an Ordinance Amending Chapter 1006 of the Zoning Code Pertaining to Home Occupations Deleting the Proposed Changes to Section C Concerning Signage. Community Development Director Ericson stated the Planning Commission had wanted to clean up the language of Section C as it is difficult to enforce a clause allowing any sign prior to December 29, 1972 because Staff has no way of knowing what signs have existed since December 29, 1972. Community Development Director Ericson stated Staff was hoping to take the difficult to understand and enforce language out of the ordinance and simply state a sign of one square foot is allowed. City Attorney Riggs indicated deleting that sentence could jeopardize any pre-existing sign usages which would be grandfathered in if the language is left in. Mounds View City Council January 22, 2001 Regular Meeting Page 12 Community Development Director Ericson stated any sign in the community may be in that situation but Staff simply doesn't know and believes it may be a meaningless statement. City Attorney Riggs stated it would affect a sign existing prior to December 29, 1972. Council Member Stigney noted the kennel sign in town would be affected by the language change as it has been there as long as he remembers. Community Development Director Ericson said City Code has provisions for nonconforming structures, signs, and buildings. The sign could exist but if it were destroyed it would then have to comply with the new requirements. City Attorney Riggs stated a sign existing for such a long period of time may be allowed to be replaced if it were destroyed despite a change in the ordinance. Council Member Quick questioned what City Attorney Riggs recommended. City Attorney Riggs indicated he would feel more comfortable if the language was left in the Ordinance because there maybe situations where it applies. Council Member Quick stated he will follow the recommendation of the City Attorney and let his motion stand as is. City Attorney Riggs indicated the language could be removed if the City finds no one is affected by it. ROLL CALL: Quick -Aye/Marty -Aye/Stigney -Aye/Thomas -Nay/Sonterre- Aye. Motion carried. Council Member Quick asked Staff to place discussion of Council Member Thomas' ideas concerning defining home-based businesses on the work session agenda for the Carl Neu meeting. C. Public Hearing, Second Reading and Adoption of Ordinance 674, an Ordinance Amending Chapter 1005 of the Mounds View Municipal Code Pertaining to the Housing Code. Housing Inspector Jeremiah Anderson indicated Ordinance 674 was presented to Council at the January 8, 2001 meeting where Council approved the Ordinance. The Ordinance was drafted in an effort to simplify and strengthen the language of the Ordinance. The majority of the changes are regarding the establishment of an enforcement officer and eliminating any vague or unclear language in the code. Mayor Sonterre opened the public hearing at 8:38 pm. Mounds View City Council January 22, 2001 Regular Meeting Page 13 Mayor Sonterre closed the public hearing at 8:38 p.m. MOTION/SECOND: Thomas/Stigney. To Waive the Second Reading and Approve Ordinance 674, an Ordinance Amending Chapter 1005 of the Mounds View Municipal Code Pertaining to the Housing Code. Council Member Marty thanked Housing Inspector Jeremiah Anderson for all his work on the Ordinance. ROLL CALL: Quick -Aye/Marty -Aye/Stigney -Aye/Thomas -Aye/Sonterre -Aye. Motion carried unanimously. D. Appeal of Planning Commission Denial of a Variance Request by John Wilson, 7764 Greenwood Drive, Planning Case VR00-008. Community Development Director Ericson explained Mr. Wilson had applied for a variance for a garage addition built without any setback to the side property line which was constructed without a permit. Staff was made aware of the garage addition when neighbors called to complain and has been communicating with Mr. Wilson over the summer. The Planning Commission denied the request in December as it did not meet the variance requirements. Mr. Wilson has requested an appeal of the decision of the Planning Commission. Staff has since spoken with Mr. Wilson and he has considered the possibility that a compromise could be made. There is ten feet between the structure and the property line. Mr. Wilson indicated he could move the structure to within four feet of the property line. Staff asked him to move the structure to five feet from the property line eliminating the need for a variance. Mr. Wilson has agreed to do so and based on the agreement reached is not at this meeting. Staff recommends Council deny the appeal to provide formal closure to this matter upholding the Planning Commission decision. Mr. Wilson intends to make changes to the structure and is no longer seeking an appeal for the full structure. Staff has drafted a resolution denying the appeal if Council wishes to consider it this evening or it can be added to the next meeting agenda. Mayor Sonterre inquired as to whether Mr. Wilson had given an indication as to how soon he will make the corrections to the structure. Community Development Director Ericson stated Mr. Wilson had not indicated when he intended to make the corrections to the structure. The resolution drafted by Staff goes through the chronology of events of this case and goes through the findings to support the Planning Commission decision. It also requires Mr. Wilson to bring the structure into compliance with building and zoning codes within 30 days of the date of the resolution. Council Member Thomas questioned whether the City is creating a hardship by requiring Mr. Wilson to do construction in February. t • Mounds View City Council Regular Meeting January 22, 2001 Page 14 Community Development Director Ericson stated the City is not imposing the hardship. Council Member Thomas indicated the City would be imposing the timeline and does have the option of making it hard or easy for Mr. Wilson to comply. Community Development Director Ericson stated he believes the City has a responsibility to consider the residents who have had to wait for a year to have this issue resolved. Council Member Thomas suggested giving Mr. Wilson 60 days to make the changes to the structure. Mayor Sonterre explained that by keeping the 30-day time limit Mr. Wilson could get a warning if the structure is not changed within 30 days and would then have another 30 days to complete the changes to the structure for a total of 60 days before he would be cited. Council Member Marty stated. in light of how Mr. Wilson has procrastinated in dealing with the City on this issue he is hesitant to allow any more than 30 days. Housing Inspector Jeremiah Anderson stated the City is caught in a situation where it feels the need to provide due process for Mr. Wilson which tends to drag things out. In his opinion, Mr. Wilson has been provided with due process and residents need closure on this issue. Had Mr. Wilson applied for a permit this whole situation could have been avoided. In light of the circumstances surrounding this matter Housing Inspector Anderson indicated he does not think 30 days is an unreasonable amount of time to bring the structure into compliance. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5521, a Resolution Denying the Appeal of the Planning Commission Denial of a Variance for aZero- Foot Garage Addition Setback at 7764 Greenwood Drive, Requested by Property Owner John Wilson. Ayes - 5 Nays - 0 Motion carried. E. Direct Staff to Create Specific Job Descriptions for Each Commission and Committee Within the City. Council Member Marty suggested having Staff draft job descriptions for each commission and committee within the City. This would make it easier for those applying for the positions and for Staff and Council to know what each commission and committee position entails. Council Member Thomas questioned whether the job descriptions are something that can be easily gathered from the bylaws of the various commissions or committees or from City Code. City Administrator Miller stated it is her understanding that not all commissions have bylaws and the ones that do exist are somewhat vague. Mounds View City Council January 22, 2001 Regular Meeting Page 1S Mayor Sonterre stated he believed the request for position descriptions to be a good idea that should not be very time consuming for Staff. Council Member Thomas requested the job descriptions be presented to each commission and committee for approval and then to Council. Council Member Stigney stated he would like to see the job descriptions remain vague. Council Member Marty directed Staff to draft job descriptions for each commission and committee within the City to be presented to each commission and committee for approval and then to Council. F. Update on Improvements and Modifications to County Highway 10 Council Member Marty requested an update on the County Highway 10 redevelopment issue. Community Development Director Ericson indicated Requests for Proposals have been sent to 50 area firms to propose a plan for dealing with design, transportation and planning issues for County Highway 10. A few firms have requested further information which Staff has provided. The deadline to submit a Request for Proposal is February 16, 2001 and Staff should be able to provide information to Council by the end of that week. Council passed a resolution that was forwarded to Ramey County which included a specific request to lower the speed limit on County Highway 10. MNDOT has been asked to conduct a speed study and Staff is unsure how long that process takes. The other issues dealt with the timing of pedestrian crosswalks and signage of those crosswalks. The Ramsey County traffic engineer is working on those issues and Staff hopes to see improvements take place shortly. Staff anticipates changes in the immediate future but is not sure when something definite will happen. Council Member Marty asked Community Development Director Ericson to provide another report on the County Highway 10 redevelopment at the second Council meeting in February. Community Development Director Ericson indicated he will inform Council prior to the council meeting in February if he receives any information on the issue as well as provide an update at the second Council meeting in February. Council Member Marty thanked Community Development Director Ericson for the update. Mayor Sonterre noted the City Council/City Staff retreat has been cancelled and residents will be informed of the rescheduled date as soon as that date is available. 11. Next Council Work Session: Monday, February 5, 2001 Next Council Meeting: Monday, February 12, 2001 1 • Mounds View City Council Regular Meeting 12. ADJOURNMENT Mayor Sonterre adjourned the meeting at 8:58 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. January 22, 2001 Page 16 MOUNDS VIEW CITY COUNCIL MEETING JANUARY 22, 2001 Please sign in N E 1DDRESS / ~ ~ ~,Q ~~\L~ Sc ~,~ c..~~~N ~ a~t~J C 1.._,c_q~Z v raw ~ C:Admin.resolution.sign-in sheet