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HomeMy WebLinkAboutMinutes - 2003/03/24• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 24, 2003 ~3 ~~ Mounds View City Hall ,,,__.r- F~ 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick (not present), Marty, Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, March 24, 2003 City Council Agenda. MOTION/SECOND: Marty/Stigney. To Approve the Monday, March 24, 2003 Agenda as Presented. Ayes - 4 Nays - 0 Motion carried. Mayor Linke noted that Frank Gambresch passed away and said he would be missed. 5. PUBLIC INPUT Richard Sonterre of 5060 Red Oak Drive indicated that previous Council had taken a positive step to solve the finances of the golf course by entering into an agreement to erect billboards at the course. He then noted that MNDOT rejected the application for permits for those billboards and chose to fight the City in Court where the City was successful in the first two phases and the supreme court phase is pending. Mr. Sonterre indicated that for the last six months or so he has been attempting to find out how much taxpayer money MNDOT has spent attempting to stop the City from erecting the billboards the purpose of which was to generate revenue from the golf course in an attempt to save the City's taxpayers money. He then indicated that, with the help of Representative Bernardy, he was finally able to determine that MNDOT has spent 735.4 hours of staff time at a cost to the taxpayers of $64,930 in its fight to prevent Mounds View from earning revenue from the billboards at the golf course. Mounds View City Council March 24, 2003 Regular Meeting Page 2 ., 6. SPECIAL ORDER OF BUSINESS A. Resolution 5971 Approving a Step increase for Kasey Keckeisen Interim City Administrator Ericson read Resolution 5971. MOTION/SECOND: Marty/Gunn. To Approve Resolution 5971, a Resolution Approving a Step Increase for Kasey Keckeisen. Ayes - 4 Nays - 0 Motion carried. B. Resolution 5976 Approving a Step Increase for Desaree Crane 1, J Interim City Administrator Ericson read Resolution 5976. MOTION/SECOND: Marty/Stigney. To Approve Resolution 5976, a Resolution Approving a Step Increase for Desaree Crane. Ayes - 4 Nays - 0 Motion carried. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Gunn asked for clarification on Check Number 110488. Finance Director Hansen indicated it was for the Association of Minnesota Emergency Managers. MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. Ayes - 4 Nays - 0 Motion carried. B. Authorization for Expenditures Finance Director Hansen explained that this item was added to the agenda to give Council the responsibility of providing formal approval on expenditures that Staff is unsure as to whether they are essential or not. Finance Director Hansen indicated that the North Suburban Communications Commission invoiced the City for $19,234.00 rather than the expected and budgeted contribution of $17,500, an increase of 10%. He then asked whether Council wished for Staff to process the claim for approval. There was Council consensus to process the invoice for approval. Mounds View City Council March 24, 2003 Regular Meeting Page 3 • Public Works Director Lee addressed Council and explained that the boiler pump at City Hall had failed and needed to be replaced. He then explained that had it happened during cold weather months it may have resulted in the need to close City Hall until the repair could be made. He further explained that it is his recommendation to add a second pump at a cost of $1,238.00 that would ensure the pump would continue to run in the event of a failure of the other pump and prevent any emergencies at City Hall. Mayor Linke asked where the fiznds would come from. Public Works Director Lee indicated that the funds would come out of the building maintenance fund. Council Member Many thanked Staff for recommending this and noted that a breakdown in January would have cost the City far more than this alternate pump. Council Member Marty noted that a breakdown in January would have cost far more than the alternative pump by possibly shutting the City down for a week or two. There was Council consensus to process the invoice for approval. • Interim City Administrator Ericson reminded Council that he had been asked to contact the State Auditor as well as the League of Minnesota Cities concerning the appropriateness of the expenditure for the Twin City North Chamber Gala event. He then explained that both sources had informed him that it was an appropriate expenditure. MOTION/SECOND: Marty/Gunn. To Release the Check to Twin City North Chamber for the Gala Event. Council Member Stigney said he questions why it was not appropriate for Brooklyn Center during the audit but it is appropriate for this City. Mayor Linke clarified that the expenditure was not part of their overall operating budget. Council Member Stigney commented that he did not see a specific line item in the budget for 5 Gala tickets and then said that it may be an appropriate expenditure according to the League of Minnesota Cities and the State Auditor but he does not feel it is an appropriate expenditure of taxpayers funds for this City. Ayes - 3 Nays - 1(Stigney) Motion carried. 8. CONSENT AGENDA • A. Licenses for Approval B. Resolution 5973, a Resolution Authorizing the Purchase of Video Decks Mounds View City Council March 24, 2003 Regular Meeting Page 4 Council Member Stigney requested that Item B removed for discussion. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Item A as Presented. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney asked Ken Gammel why he had changed his recommendation from two digital decks to one digital and one analog. Ken Gammel explained that Council was concerned that there was $3,000 allotted for replacement decks and the price for the two digital decks was $4,200 so he had compromised to stay within the budgeted amount. Mayor Linke asked whether it saves the City money in the long run to go with the cheaper analog deck or if the expenditure should be made now to save money in the long run. Ken Gammel indicated that it would be optimistic that the analog deck would last five years but said that other professional decks have lasted for 10 years. Council Member Stigney commented that the deck should last longer since it costs eight times as • much as the analog deck. He then commented that he is not sold that digital decks are the way to go since he feels they may drop in price if the City waits as they have dropped in half in the last two years and the maintenance of digital equipment is more costly. Ken Gammel indicated the price came down around $500.00 compared to a few years ago but it did not drop in half. He then said that he agreed when new technology emerges it carries a larger price tag but he has never seen professional decks go below $1800 and he would not expect the digital decks to go to half price in a few years. Council Member Stigney commented that he does not think this is the smartest thing to spend the money on as the City could replace a number of analog decks before exceeding the price of maintenance and purchase of the digital decks. Council Member Marty indicated he had some of the same concerns but feels the Staff recommendation is the way to go at this time and wait until the City's financial forecast is more sound before discussing further digital equipment. Mayor Linke asked if the figures included the tax. Ken Gammel indicated that purchasing the equipment over the Internet eliminates the need to pay tax. Finance Director Hansen indicated that even if the vendor does not charge the City the tax the City is required to pay it to the state of Minnesota. Mounds View City Council March 24, 2003 Regular Meeting Page 5 • Interim City Administrator Ericson indicated the amount would be approximately $2,500.00 with tax. Ken Gammel indicated that he would need to purchase a remote control for the automatic switcher and that should not cost more than $100.00. Council Member Stigney asked if Staff would be using the lowest cost bidder. Ken Gammel indicated that he would be obtaining the equipment from the lowest bidder. MOTION/SECOND: Marty/Gunn. To Approve Resolution 5973, a Resolution Approving the Purchase of Video Decks Not to Exceed $2,700.00. Ayes - 4 Nays - 0 Motion carried. 9. COUNCIL BUSINESS A. Public Hearing to Consider an Appeal of the Planning Commission's Denial of a Variance Request Made by the Property Owners of 2075 Hillview Road, Planning Case VR03-001 Mayor Linke opened the public hearing at 7:30 p.m. Interim City Administrator Ericson indicated this request was initiated at the Planning Commission level by the property owner at 2075 Hillview Road and the request was to expand the four-plea to six units. He then explained that it would be permissible by the City's Code to expand the building's use provided that all requirements are met and they do not meet the parking requirements. He then said that the Planning Commission denied the variance request as the Commission felt that the properly owner should be required to provide the parking as required by the City's Code. Interim City Administrator Ericson indicated he had received a call and fax earlier in the day from the property owner who has decided they are no longer interested in pursuing the variance appeal. He then recommended that Council take formal action on the appeal by approving Resolution 5974, a Resolution denying the variance appeal and upholding the denial of the Planning Commission. Mayor Linke Closed the public hearing at 7:32 p.m. MOTION/SECOND: Many/Gunn. To Waive the Reading and Approve Resolution 5974, a Resolution Upholding the Planning Commission's Denial of a Variance Request Made by the Properly Owners of 2075 Hillview Road. Mounds View City Council March 24, 2003 Regular Meeting Page 6 Interim City Administrator Ericson indicated that the City Attorney had pointed out another clause should be added indicating that the applicants had requested to have the appeal pulled from consideration. The Motioner and Seconder agreed to the friendly amendment. Ayes - 4 Nays - 0 Motion carried. B. Public Hearing, Introduction and First Reading of Ordinance Consideration of Resolution 721-03, a Resolution Recommending Approval of a Zoning Code Text Amendment to Chapter 1111 Relating to the R-O Zoning District - - Planning Case TX03-001 Permitted Mayor Linke opened the public hearing at 7:35 p.m. Interim City Administrator Ericson explained that the property owner submitted a request to amend the City's Code as the property owner runs a business and home on the property and the regulations pertaining to the garage carry over from the residential zoning code back to Rl zoning. He then said that Mr. Johnson feels that the requirements that tie his garage use to that of a residential garage are overly restrictive in the sense that the zoning district is intended for a mixed use of the property. Interim City Administrator Ericson indicated the Ordinance attached would add automotive accessory installation operations as a permitted use and then any expansion would go through the development review process and would be treated as a commercial business. Council Member Marry pointed out that this is in compliance with the comprehensive plan. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Introduce the First Reading and Approve Ordinance 710, an Ordinance Recommending Approval of a Zoning Code Text Amendment to Chapter 1111. Ayes - 4 Nays - 0 Motion carried. Mayor Linke closed the public hearing at 7:38 p.m. C. Public Hearing and Consideration of a Recommendation to Post the East Side of Greenfield Avenue as "No Parking" 350 Feet from the Corner of County Road I and Greenfield Avenue Mayor Linke opened the public hearing at 7:38 p.m. • Interim City Administrator Ericson indicated that in 2000 a variance was approved to allow for increased setbacks and reduced parking for the building. He then said that the Planning Commission allowed less parking because it was assured by the developer that the building Mounds View City Council March 24, 2003 Regular Meeting Page 7 would not require the number of spots recommended by the City's Code but the building has been sold and the new tenant regularly overflows the parking onto the City streets. Interim City Administrator Ericson indicated that the Planning Commission discussed this matter at several meetings and, based on complaints of residents, the Commission adopted a resolution to recommend posting the east side of Greenfield Avenue no parking Monday through Saturday 8:00 a.m. to 6:00 p.m. 350 feet from the corner. Mayor Linke asked Mr. Farrell if he was in negotiations with Mr. Mezzenga to purchase the building while it was being constructed. Mr. Farrell indicated that when he began working with Mr. Mezzenga to purchase the building the building was completed with the exception of a few inside items. Mr. Farrell commented that the police conducted a study and concluded there is no safety issue caused by the parking on the street. He then explained that his employees work staggering hours from 10:00 a.m. to 6:00 p.m. Monday through Friday and there are usually between 3 and 5 cars on the street. He further commented that he did buy the building with the understanding that he would be able to utilize the parking on the street and as a taxpayer and property owner sees no issue with that. Mr. Farrell indicated that Mr. Zwirn had some issues with the building during its construction and there have been issues with the fences but the police do not think there is a safety issue with having vehicles parked there during business hours and he feels it is a bit vindictive to seek a no parking designation. Mr. Farrell commented that those buildings are looking at parked cars all day long every day and it serves no good purpose to deny parking on that side of street other than to be vindictive. Mayor Linke indicated that when he was on the Planning Commission if asked to allow reduced parking they would require proof of parking for future need. He then asked if there was anyway to increase parking on the site. Interim City Administrator Ericson indicated he looked at the site and there could be two stalls added to push parking to within two or three feet of the property line or four stalls if the parking was allowed to encroach into the City's right-of--way. Mayor Linke asked if Mr. Farrell would need a variance to add the parking. He then asked if Mr. Farrell would be willing to pay to enlarge the parking. Mr. Farrell indicated he would be willing to pay to enlarge the parking lot but said he was not sure how the discussed proposal would give any additional spots if expanded toward the sidewalk. • Mayor Linke indicated he would like to see whatever could be done to expand the parking on the site as the parking for the business should be contained on the property. Mounds View City Council March 24, 2003 Regular Meeting Page S • Ted Rose, State Farm Agent and tenant of the building, addressed the Commission and said that this is a very nice office building and nice, small office space is hard to come by in Mounds View. He then said that this building has a few spots for client parking and a handicapped stall that his other location did not have. He further commented that he is concerned about having women walking to their cars a long distance should the street be posted no parking. Mayor Linke indicated that was one reason why he would like to provide more parking on the property to eliminate the need for employees walking such a distance. Mr. Farrell indicated he was willing to look into ways to expand the parking lot. Mr. Farrell indicated that he is willing to work with the City on expanding the parking lot and asked Council not to post the street no parking to allow for infrequent use of on street parking should it be necessary. Council Member Gunn asked why the Planning Commission had recommended 350 feet. Planning Commissioner Johnson indicated the distance was in an attempt to make it far enough from the business to be an issue and force the property owner to seek alternative parking. He • then said that he had two calls from the apartment building and was told that the property owner requires the apartment residents to empty the parking lot when it snows and those cars flow out onto the residential streets until the lot is plowed. He also explained that there was concern with where to allow the on street parking so that it did not line up with driveways. Planning Commissioner Johnson indicated that some of the parking issues are not created by Mr. Farrell but at certain times of the day they are. He then commented that one of the apartment residents had told him that there are apartment dwellers that have four or five residents in one apartment and way too many cars and those flow out onto the residential street. Council Member Gunn asked if anyone looked at how many cars are parked and at what time of day. Mr. Rose indicated that two weeks ago the apartment residents had to clear the parking lot for plowing and he caught them attempting to park in the parking lot for his business and then under the stop sign and had to ask them to move. He then indicated the police report would provide the information on the number of vehicles parked on the street during the study and at what times. Interim City Administrator Ericson said while he feels it is appropriate to ask Staff to work with the property owner he would like Council to know that Staff and the Planning Commission have tried to do so but there is no other way to configure the parking lot to eliminate the parking shortage. He then said that this goes all the way back to the original developer trying to configure the building on the site as it is a small site and the only way to develop it was to give a variance. Mounds View City Council March 24, 2003 Regular Meeting Page 9 Interim City Administrator Ericson indicated he was not sure increasing the parking would be the best thing aesthetically and that is not what the neighbors or the Planning Commission intended. Mayor Linke said he understood the issue of wanting green space but rather than decreasing the building the Planning Commission saw fit to allow reduced parking and there is an issue that has to be dealt with. He then suggested that the parking lot be reconfigured and the no parking be posted from A to C to allow two or three stalls but no more. Economic Development Coordinator Backman asked if the width of the parking stalls had been discussed as to could they be slightly narrower. Interim City Administrator Ericson indicated the width is 9 feet. Mayor Linke indicated the commercial standard is 8.5 feet in most commercial developments and narrowing the parking stalls may provide more stalls. Council Member Stigney asked whether Mr. Farrell had discussed renting parking from Sam's. Mr. Farrell indicated that he had asked but Sam's has only the required parking for its business and does not have any available for lease. • Council Member Stigney suggested checking with the apartment building to see if parking could be leased during the day when most residents should be at work. Mr. Farrell indicated he had not checked with the apartment building but said that he would do so. Mayor Linke closed the public hearing at 8:08 p.m. MOTION/SECOND: Marty/Stigney. To Postpone to the Council Meeting on April 14, 2003 with Direction to Staff to Work with the Planning Commission and Mr. Farrell to Reconfigure the Parking Lot to Provide More On Site Parking. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney asked if Mr. Zwirn had anything to say during the public hearing. Mr. Zwirn said he is really shocked at how things transpired tonight because he thought Council was more informed of the issues. He then said that even before he became a Planning Commissioner he met with the Commission and Council to discuss the parking issues. He further commented that the business owner has more employees than parking stalls not to mention the other tenants and their clients. • Mounds View City Council March 24, 2003 Regular Meeting Page 10 • Mr. Zwirn indicated that the property owner bought the building knowing he did not have enough parking and is renting to other businesses with customers. He then commented that there are other issues with the property owner that have not been resolved. Mayor Linke indicated that Staff is working on the dumpster issue and the property owner has been notified of the fact that if the issues are not resolved an administrative offense would be issued. He then said that the property owner parking on the street is not illegal and the City would like to solve the problem to the benefit of both sides. Council Member Marty indicated that he had not heard that there were more employees than parking spaces. Mr. Johnson indicated that the mortgage company alone has 16 employees and the tenants generate vehicles as well. Mayor Linke commented that the previous Planning Commission and Council were shortsighted and did not require enough parking. Council Member Marty indicated the way it was marketed was for low density businesses that would not have high volumes of people butt the use has changed causing this parking issue. • Mr. Rose addressed Council and asked why discussion was continuing when the gavel was hit to end this discussion. Mayor Linke indicated the public hearing was closed but discussion is allowed to continue. Mr. Rose indicated that between 4:00 p.m. and 7:00 p.m. there are usually spaces available in the parking lot. He then reiterated that this is a very nice office building and nice office space is hard to come by in Mounds View. 10. REPORTS Council Member Marty had no report but said he would provide information on Northwest Youth and Family Services at the next meeting. Council Member Stigney had no report. Council Member Gunn had no report. Mayor Linke noted the golf course is open and had approximately $1,900 worth of business from the golf range and rounds over the last weekend. Interim City Administrator Ericson brought to Council's attention that Council had adopted Resolution 5617 in 2001 which is a Resolution establishing employee banquet, board of appreciation and authorizing gift certificates at five year service increments but that Resolution Mounds View City Council March 24, 2003 Regular Meeting Page 11 has never been followed. He then asked for authorization for the plaques when employees retire and the gift certificates for service awards at five-year intervals. Mayor Linke indicated he felt it was a good policy. Council Member Marty said he felt it should be implemented. Council Member Stigney suggested partnering with some of the local restaurants in town as they may give a discount for purchasing gift certificates that may allow the employees to get more for their certificate. He then said he would be interested in what other cities are doing for employee service awards. Council Member Gunn indicated she liked Council Member Stigney's suggestion of giving certificates to restaurants in town. Mayor Linke asked Staff to look into the questions and provide information to Council on implementation. Interim City Administrator Ericson explained that the busy season for Community Development is approaching and he is very busy. He then asked for authorization to have the Administration • Administrative Assistant do work outside of her classification to assist him with some of the tasks previously assigned to the Assistant City Administrator that he does not have the time to do. Mayor Linke asked that a Resolution authorizing the request be provided to Council for consideration. Interim City Administrator Ericson indicated he had been directed to explore Mr. Chisholm's claim that he was not compensated for golf lessons in 2001. He then explained that he had looked at all the timesheets to verify that all the lessons were off the clock and found five instances where the timesheet overlapped for a total of 13.5 hours or $174.00. Interim City Administrator Ericson indicated he had spoken to Mr. Chisholm and explained that by his calculations he feels Mr. Chisholm is not eligible for any more than $876.00. He then explained that Mr. Chisholm did not necessarily agree with the calculation but was happy the City was looking at the matter and suggested a willingness to accept the $876.00 as a settlement. MOTION/SECOND: Stigney/Marty. To Authorize Staff to Prepare a Settlement Agreement with Mr. Chisholm for Golf Lessons in the Amount of $876.92. Council Member Marty restated the numbers used to arrive at the settlement amount and asked for clarification. • Mayor Linke indicated that Mr. Chisholm had been given a check for $118.00 but had not cashed it and asked whether that was considered in the formula. Mounds View City Council March 24, 2003 Regular Meeting Page 12 • Interim City Administrator Ericson explained that the $876.92 represents the fact that he has already been paid the $118.00. Council Member Stigney asked if the City Attorney had any issues with the proposed settlement offer. City Attorney Riggs indicated he had no issues with the proposal. Ayes - 4 Nays - 0 Motion carried. Interim City Administrator Ericson indicated he had placed a resolution from the City of Andover on the dais for consideration and it is a resolution in response to the activity of the legislature to show that cities want to preserve local government control. Mayor Linke asked that the resolution be placed on the work session agenda for discussion. City Attorney Riggs indicated that very few employees are covered by the handbook because they are covered by union contracts. He then said the general contents are not effective as to discipline. He further commented that the City can go back to an at will employment situation but that will not affect 90% of the employees. He also commented that the handbook is used to fall back on when items are not specified in the union contract. • Council Member Stigney said he thought the City could not have at will employees that they must be just cause. City Attorney Riggs indicated the City created a just cause situation when it adopted the policy and the recommendation was to leave it as an at will situation. He then said that there is now a standard of how to treat employees and his recommendation based on what the administration told him was to have it be consistent that employees are all covered by the same standard. Mayor Linke asked that the matter be placed on the work session agenda for discussion. Interim City Administrator Ericson indicated there were some issues with the broadcast quality of the cable channel and explained that after an investigation it was determined there was a bad hub in Shoreview causing the problem and that has been corrected. Council Member Stigney indicated that the replay of the Council meetings is being cut off prior to completion and said he had mentioned that to Mr. Gammel. Council Member Stigney asked if there was anything in the cable contract to prevent large increases in the fee. Mayor Linke indicated that matter was discussed at the cable commission meeting but the City of . Mounds View had no representative there and gave up its voting rights. Mounds View City Council March 24, 2003 Regular Meeting Page 13 • • Council Member Stigney asked Staff to review the cable contract to determine whether a simple majority rules at the cable commission meeting. Interim City Administrator Ericson noted that the North Suburban Communications Commission representative had asked Council to formally adopt an alternative representative to the commission and that has not been done. Mayor Linke asked Staff to look into the matter. Council Member Marty asked whether the labor negotiations had begun for public works and patrol officers. Interim City Administrator Ericson indicated he had sent a letter to LELS asking to negotiate and it has been their choice not to move forward. He then indicated that public works has waited for the police to settle but they may not wait this time and he is not sure why there is a delay. He also commented that the AFSCME contract expires at the end of this year. Council Member Marty said he would like the City to do its own negotiations as was done in the past. 11. APPROVAL OF MINUTES A. City Council Minutes March 10, 2003 Council Member Marty asked that the spelling of "Haames" be corrected to "Hammes". Council Member Stigney requested the following changes: Correct the spelling of Sandback. On Page 5, Line 34 and 35 that motion was to waive the reading and approve appointing Sharon Linke to Park and Recreation and Line 40 was Linke voted in the affirmative and Line 43 would be Resolution 5960B appointing Dana Mendoza to Park and Recreation. Interim City Administrator Ericson indicated there was no Resolution 5960C and that reference should be removed. MOTION/SECOND: Marry/Gunn. To Approve the City Council Minutes of March 10, 2003 as Amended. Ayes - 4 12. Next Council Work Session: Next Council Meeting: Nays - 0 Motion carried. Monday, Apri17, 2003 Monday, Apri114, 2003 • 13. ADJOURNMENT Mayor Linke adjourned the meeting at 8:50 p.m. Mounds View City Council March 24, 2003 Regular Meeting Page 14 s • Transcribed and recorded by: Joan Lenzmeier, Timesaver Off Site Secretarial, Inc.