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HomeMy WebLinkAboutMinutes - 2009/07/27PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting July 27, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, July 27, 2009, City Council Agenda. MOTION/SECOND: Muelier/Hull. To Approve the Monday, July 27, 2009, agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Eagle Scouts Recognition Mayor Flaherty congratulated Eagle Scouts Aaron Jacobson, Jason Sandquist, Joe Ayers- Johnson, and Jonathan Towle and advised each will be presented with a plaque of recognition. Scouts Ayers-Johnson and Towle described the Eagle Project they completed. 7. COUNCIL BUSINESS A. Resolution 7480 Hiring Kenneth Koss to the Position of Police Officer. Police Chief Sommer presented a recommendation that Kenneth Koss, the number one candidate on the Police Civil Service Commission eligibility list, be hired to the position of Police Officer . at the step one rate of pay, $3,587.47 per month, in accordance with the Law Enforcement Labor Services Contract, to be effective on August 3, 2009. Mounds View City Council July 27.2009 Regular Meeting Page 2 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7480 Hiring Kenneth Koss to the Position of Police Officer. Council Member Mueller stated she found Mr. Koss to be an outstanding individual and is delighted Mounds View is able to hire him before he is hired by another community. She noted the Council approved to hire for this position to replace an officer who had retired. Council Member Stigney agreed that Mr. Koss would be an asset; however, the City has a grant opportunity in September or October for two police officers so he would support delaying until that time. Council Member Hull asked about the status of the City's COPS grant application. Police Chief Sommer explained it is for one position and a determination will be made in September. There are three times more applications than funding available but if approved, the City would have to retain the officer for four years and the City would cover the cost for one of those years. Council Member Stigney stated the motion would result in a permanent hire but the COPS grant would be a four-year commitment with Mounds View paying for one year. He noted the Council authorized the Civil Service Commission to update the eligibility list; however, did not authorize to hire. • Mayor Flaherty stated the Council did authorize to hire for this position due to attrition, and there may be one or more retirements prior to receipt of a COPS grant. Ayes - 4 Nays - 1 (Stigney) Motion carried. B. Second Reading of Ordinance 821, Business Registration Program. Community Development Director Roberts stated this is second reading of an ordinance that would establish a business registration program but does not establish fees, which the City would establish later. He noted a minor revision to the numbering since first reading and recommended adoption and authorization to publish by summary. Council Member Mueller asked why home-based businesses were excluded from the registration requirement. Community Development Director Roberts explained the information collected through this program is critical to public safety and staff does not expect ahome-based business would use large quantities of chemicals that would be of concern. In addition, the owner would usually be present at a home-based business. In the case of locations like Mounds View Square, each individual business would register with the City. MOTION/SECOND: Stigney/Mueller. To Waive Second Reading and Adopt Ordinance 821, Amending Title 500 (Business Licensing Regulations) and to Authorize Publication by Summary. Mounds View City Council July 27.2009 Regular Meeting Page 3 George Winiecki, 2704 Highway 10, stated why he objects to the Business Registration Program. He asked whether he will be required to pay for registration fees plus his business permit, and if each unit owner in his office complex will also pay a fee to register. Tim Roche, Twin Cities North Chamber of Commerce, stated he spoke before the EDC when this Program was considered to voice business owner's objections to a registration program, primarily because of the fee. Another concern was that not registering would result in a misdemeanor, which may impact a businesses' ability to obtain a liquor license. Mayor Flaherty stated all agree with the concept to obtain business owner contact information and the consideration tonight does not establish a fee. He noted he had indicated at the last meeting that he did not support a registration fee and believed the value of such a program would be greater to the City than to the business owner. Mr. Winiecki stated his objections again, adding that he is tired of government intervention in small businesses. Council Member Gunn clarified that the renter is held responsible to register, not the business owner. Council Member Gunn asked if violation has to be a misdemeanor. Clerk-Administrator Ericson explained that any violation of the City Code results in a misdemeanor but the Council can set a different fine when the fee schedule is considered. Council Member Mueller suggested this consideration be tabled to obtain more feedback from business owners. SUBSTITUTE MOTION/SECOND: Mueller/Hull. To Postpone Consideration of Second Reading of Ordinance 821, Adding Language to the City Code about Business Registration, to August 24, 2009, to allow staff time to obtain input from businesses. Mr. Winiecki stated why he believed the City should require home occupations should to register in such a program. Council Member Stigney asked if it would be better to postpone consideration to a Work Session so the Council can discuss what staff will be presenting. Council Members Mueller and Hull agreed to a friendly amendment to postpone to the September Work Session for further discussion. Council Member Mueller stated she was excited about the business registration program but questioned the value to the business community and would like more input. Ayes - 4 Nays - 1 (Flaherty) Motion carried. • C. First Reading -Zoning Code Amendments. 1. First Reading of Ordinance 827, Revising Chapter 1104.01, Subd. Sc, Mounds View City Council July 27.2009 Regular Meeting Page 4 i of the Zoning Code to Remove the Word "decks" from Allowed Encroachments. Community Development Director Roberts presented the ordinance amendment, noting it is of a housekeeping nature. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve First Reading of Ordinance 827, Amending Chapter 1104 of the Mounds View Zoning Code to Remove "Decks" from Allowed Encroachments. Council Member Mueller asked if existing decks in a setback are grandfathered. Community Development Director Roberts answered in the affirmative. Ayes - 5 Nays - 0 Motion carried. 2. First Reading of Ordinance 828, Revising Chapter 1106.03, Subd. lb of the Zoning Code to Clarify Language in Regard to Accessory Building Height. Community Development Director Roberts presented the amendment and explained how the accessory building height is measured. He noted that larger motor homes require a larger sized door and this amendment will allow the construction to meet that need. Council Member Mueller referenced Section 3, Item b, and suggested the following be removed: "whichever is less." She felt it was too restrictive and presented a scenario where the owner of a one-story home would be limited in the size of accessory structure when compared to a property with atwo-story house. Council Member Gunn stated a while ago atwo-story accessory garage was constructed and the concern is that the accessory building not be taller than the primary structure. Council Member Mueller stated if every other property has a 15 or 20 foot tall accessory building, why should the one-story homeowner be restricted from the same benefit. Community Development Director Roberts stated it is a policy decision of the Council in how the City should look. He explained the height limitation would be to the peak of the roof. Clerk-Administrator Ericson noted that another part of the Zoning Code regulates the lot coverage for an accessory building based on the size of the lot, which ensures the building footprint is appropriate to the lot. He noted that the appearance of a two-story garage next to a 14-foot high rambler may not be aesthetically pleasing to some people. The Council discussed the option to request a variance, which requires showing a hardship. • Community Development Director Roberts advised the Planning Commission recommended a maximum height of 20 feet to ensure it would accommodate a larger sized motor home. Mounds View City Council July 27.2009 Regular Meeting Page 5 Council Member Stigney suggested language be added to restrict a 20-foot high flat roof. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve First Reading of Ordinance 828, Amending Chapters 1102, .1104, and 1106 of the Mounds View Zoning Code pertaining to the Definition of Building Height, the Maximum Allowed Accessory Building Height, and Required Accessory Building Separation Distance, revising Section 3g to remove: "whatever is less." Council Members Stigney and Council Member Gunn stated their support to not revise Section 3, Item b, because it could result in an accessory building that is taller than the principal structure. AMENDMENT MOTION/SECOND: Stigney/Flaherty. To revise Ordinance 828 to indicate the roof type shall conform to the roof type on the principal structure. Ayes - 5 Nays - 0 Amendment motion carried. Council Members Muller and Council Member Hull accepted a friendly amendment to revise Section 2f to indicate: "The height of any detached accessory building shall not exceed 20 feet." and revise Section 3b to remove: "or that of the principal structure, whatever is less." Council Member Stigney asked why the City would want to allow an accessory building that is taller than the principal building. Mayor Flaherty stated he does not want to show bias or restrict a property with a smaller home. Council Member Mueller agreed and noted that residents want to park their motor homes inside. Council Member Stigney stated with the amendment, a 20-foot high garage could be constructed alongside a 15-foot high home. He suggested that a variance process be required for that scenario and stated that he does not support this amendment, even for first reading. Mayor Flaherty stated he has a problem with a building that is out of character for a neighborhood and 20 feet may be too tall for some areas. Clerk-Administrator Ericson stated a typical rambler, depending on the roof pitch, would be 14 to 16 feet in height. Mayor Flaherty stated he supports a maximum height of 15 feet and to require a variance for a taller structure. The Council discussed and agreed clarification is needed for the method of measurement. Ayes - 2 (Mueller, Flaherty) Nays - 3 Motion failed. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve First Reading of Ordinance 828, Amending Chapters 1102, 1104, and 1106 of the Mounds View Zoning Code pertaining to the Definition of Building Height, the Maximum Allowed Accessory Building Height, and Required Accessory Building Separation Distance, revised to indicate the roof type shall conform to the roof type on the principal structure. Mounds View City Council July 27.2009 Regular Meeting Page 6 • Council Member Mueller stated with this motion, the issue remains that aone-story rambler would be restricted from having a 20-foot tall accessory building, even though they may exist on either side. Ayes - 3 Nays - 2 (Mueller, Flaherty) Motion carried. 3. First Reading of Ordinance 829, Revising Chapter 1111 of the Zoning Code to Remove R-O, Residential-Office Zoning District. Community Development Director Roberts presented the amendment to remove all reference to the R-O, Residential-Office Zoning District, since staff does not foresee it ever being used. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Approve First Reading of Ordinance 829, Amending Chapter 1111 of the Mounds View City Code by deleting the R-O, Residential-Office Zoning District, and Amending Chapters 1008, 1104, 1105, 1121, and 1124 to remove all references to the R-O Zoning District from the City Code. Ayes - 5 Nays - 0 Motion carried. • 4. First Reading of Ordinance 830, Revising Chapter 1116.02 of the Zoning Code to Allow a total of 800 Gallons of Flammable Liquid in Industrial Districts without a Conditional Use Permit (CUP). Community Development Director Roberts read the amendment language, noting a request for more than 800 gallons of flammable liquid in above ground storage would require a Conditional Use Permit. He read the setback requirements from a residential district and recommended approval of first reading. Council Member Mueller asked if this effects any exiting Mounds View businesses. Community Development Director Roberts stated the City does not have records on all storage tanks. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Approve First Reading of Ordinance 830, Amending Chapter 1116 of the Mounds View Zoning to Allow a total of 800 Gallons of Flammable Liquid in Industrial Districts without a Conditional Use Permit (CUP). Ayes - 5 Nays - 0 Motion carried. 5. First Reading of Ordinance 831, Revising Chapter 1103.18 of the Zoning Code in Regard to Satellite Dishes. • Community Development Director Roberts stated the current ordinance was written when large satellite dishes were in use; however, now smaller satellite dishes are being used. He reviewed the amendment language, noted setback distances, and recommended approval of first reading. Mounds View City Council July 27.2009 Regular Meeting Page 7 • MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Approve First Reading of Ordinance 831, Amending Chapter 1103 of the Mounds View Zoning Code to address 36 inch or less diameter Satellite Dish Antennas. Council Member Stigney stated why he finds satellite dishes to be an eyesore. AMENDMENT MOTION/SECOND: Stigney/Hull. To Waive the Reading and Approve First Reading of Ordinance 831, Amending Chapter 1103 of the Mounds View Zoning Code to address 36 inch or less diameter Satellite Dish Antennas, revising Subdivision 3a to add "or a front or side yard abutting a public street." Mayor Flaherty stated he felt the suggested amendment was too restrictive and noted that in some cases the front yard is the only location they can be placed to obtain reception. A resident stated his preference to locate a satellite dish on the top of a 20-foot shed rather than to install it on his house or purchase a pole. Council Member Mueller stated several residents have public streets on two sides of their home so the amendment may restrict their ability to get reception. • Ayes - 1 (Stigney) Nays - 4 Amendment motion failed. Council Member Stigney stated again he finds it aesthetically offensive to see satellite dishes in the front and side yards, or in trees. Ayes - 4 Nays -1 (Stigney) Motion carried. 6. First Reading of Ordinance 832, Revising Chapter 1116.02 of the Zoning Code to Add Day Care Centers as a Conditional Use in R-1 Districts in Public Buildings, Schools, and Religious Institutions. Community Development Director Roberts presented the amendment to allow day care centers in R-1 districts and semi-public buildings as conditional uses. He suggested a revision to Sub. 8 to indicate: "day care center or nursery serving more than 12 persons" to ensure it applies to larger sized operations. If fewer than 12 persons, a City license would not be required. Council Member Mueller referenced Subdivision 8e, and requested that the word "children" be changed to "persons." The Council also agreed to change the words "play space" to "activity area." The Council discussed nursery services that are provided during church-related events where they • may not have the required 40 square feet of fenced outdoor play space. Community Development Director Roberts noted the ordinance relates to Monday through Friday operations. Mounds View City Council July 27.2009 Regular Meeting Page 8 i Council Member Stigney suggested in Subdivision a, to use the term "day care" or "group facility" instead of "nursery." Clerk-Administrator Ericson noted that churches, schools, and institutions referenced already require a CUP and asked if it is the Council's intent to require a second CUP to allow a day care. He noted it could be considered an accessory use to a facility that has obtained a CUP to operate. Clerk-Administrator Ericson stated if that is the Council's desire, consideration could be tabled to allow time for staff to draft appropriate language. Council Member Gunn stated clarification is also needed for what is meant by "day care center" and "group nursery." Clerk-Administrator Ericson explained that most definitions are from the State Code and staff will provide additional information for the Council's consideration. D. Resolution 7481, Authorizing Step Increases for Officer Peter Berling (MVPD), Officer Nick Erickson (MVPD), Michael Strand (Cable), and Don Burda (Community Development). Assistant Clerk-Administrator Crane presented the recommendation to authorize step increases for Officer Peter Berling, Officer Nick Erickson, Part-time Cable Technician Michael Strand and Temporary Building Inspector Don Burda since each supervisor has reviewed performances and all are deemed to be satisfactory. Assistant Clerk-Administrator Crane explained that the • increase for Don Burda should have been considered in May but was overlooked. Mr. Burda had resigned effective July 23, 2009. She read Resolution 7481. Council Member Gunn suggested the first line of the resolution be revised to add "part-time" since Mr. Burda was a part time employee. Council Member Mueller suggested that contract employees be contained in a separate resolution. She explained that some residents have questioned why step increases are being given but with contracts, increases are covered by union negotiations. Council Member Stigney asked why it is fair to consider an increase for a union employee but not a City employee. He stated one of his concerns is that with a police officer at Step 5, they get an automatic longevity increase of three percent at four years of service. Mayor Flaherty stated he has no issue with all increases being contained within the same resolution. MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7481, Approving Step/Longevity Adjustments, as corrected to add "part-time" to the first line. Ayes - 5 Nays - 0 Motion carried. i 8. CONSENT AGENDA A. Licenses for Approval. Mounds View City Council July 27.2009 Regular Meeting Page 9 i B. Set a Public Hearing for Monday, August 10, 2009, at 7:10 p.m. for the Second Reading and Adoption of the Following Zoning Code Amendments: 1. Ordinance 827, Revising Chapter 1104.01, Subd. 5c, of the Zoning Code to Remove the Word "decks" from Allowed Encroachments. 2. Ordinance 828, Revising Chapter 1106.03, Subd. lb of the Zoning Code to Clarify Language in Regard to Accessory Building Height. 3. Ordinance 829, Revising Chapter 1111 of the Zoning Code to Remove R-O, Residential-Office Zoning District. 4. Ordinance 830, Revising Chapter 1116.02 of the Zoning Code to Allow a total of 800 Gallons of Flammable Liquid in Industrial Districts without a Conditional Use Permit (CUP). 5. Ordinance 831, Revising Chapter 1103.18 of the Zoning Code in Regard to Satellite Dishes. 6. Ordinance 832, Revising Chapter 1116.02 of the Zoning Code to Add Day Care Centers as a Conditional use in R-1 Districts in Public Buildings, Schools, and Religious Institutions. • It was noted that even though consideration of Items 8B2 and 8B6 had been postponed, the public hearing had already been advertised. MOTION/SECOND: Gurm/Mueller. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Stigney referenced Page 1, the cost for uniforms. Clerk-Administrator Ericson explained the cleaning of Public Works uniforms are prorated over several funds. Council Member Stigney referenced Page 5, New Brighton Mounds View Rotary Club luncheons and dues for $208, noting it may be something that can be cut from the budget. Clerk- Administrator Ericson stated that will be discussed at the upcoming budget work session. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. • 10. APPROVAL OF MINUTES A. July 13, 2009, City Council Minutes. Mayor Flaherty requested a correction on Page 5, Line 44, to indicate: "the Mayor wants to maintain." MOTION/SECOND: Gunn/Mueller. To Approve the July 13, 2009, City Council Meeting Minutes as Corrected. Mounds View City Council July 27.2009 Regular Meeting Page 10 • Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller updated the Council on the League of Minnesota Cities Ethics Advisory Panel meeting and suggested this information be discussed at a Work Session. B. Reports of Staff. 1. Update on The Mermaid. Assistant Clerk-Administrator Crane advised that the owners of The Mermaid closed on the sale of the hotel on July 22, 2009, so it is anticipated that the City would soon receive a check from the sale proceeds. She asked if the Council wanted to proceed with the revocation process of The Mermaid's liquor license. Council consensus was reached to not revoke The Mermaid's liquor license at this time. 2. Temporary Building Inspector Position. Community Development Director Roberts presented the staff report detailing the benefit to Mounds View to have a Temporary Building Inspector, noting Don Burda has resigned his position. He noted that while a summer intern may be of benefit, that option involves a lot of staff time to interview and hire for just several months and it does not provide consistency and continuity. He described alternatives and recommended the City pursue a shared position with New Brighton. Council Member Hull asked if the part-time position would be year round or just the summer months. Community Development Director Roberts stated they have need for a year round position. Clerk Administrator Ericson stated afull-time summer intern position involves about the same number of hours as a part-time position for the full year and the City would get more benefit from apart-time employee rather than apart-time summer intern. He noted if sharing a position with another community, they will want an assurance that Mounds View is considering the position for the full year. Council Member Mueller stated this position needs to be filled and sharing resources via a joint powers agreement with another city, like New Brighton, is an excellent option. She noted that the upcoming senior housing project will require many inspections through the winter months. Council Member Gunn stated her concurrence and noted that code enforcement work is also needed. Mounds View City Council July 27.2009 Regular Meeting Page 11 Council Member Stigney asked when Building Official/Fire Marshal Osmonson will be free from Medtronic inspections and available to fill some of this position. Community Development Director Roberts stated it may be several months and in addition, Ms. Osmonson conducts fire inspections and annual license inspections. Council Member Stigney asked if Medtronic is funding enough of her time. Clerk Administrator Ericson stated that Medtronic permit revenue would fund Ms. Osmonson for five to six years continuously. In addition, Housing/Code Enforcement Inspector Anderson has been used for other building inspection work beyond code enforcement. Mayor Flaherty agreed that Ms. Osmonson's time at Medtronic is extensive. Clerk- Administrator Ericson stated the City is fortunate that Ms. Osmonson is also the City's Fire Marshal and can address fire protection and education issues. He advised that Mounds View's fire protection dues will go down because the call volume is going down and Fire Chief Zikmund would say that is due to the devotion to education and other efforts of Ms. Osmonson beyond inspections. Council consensus was reached to fill the part-time Building Inspector position through a JPA arrangement with another city, possibly starting on a six-month trial basis. This item will be further discussed at a Work Session meeting. C. Reports of City Attorney. Noted. 12. Next Council Work Session: Next Council Meeting: Monday, August 3, 2009, at 7:00 p.m. Monday, August 10, 2009, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:45 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •