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HomeMy WebLinkAboutCCAgen_08Sep10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA September 10, 2008 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: LINDSTROM ____ HARRIS ____ KUETTEL ____ LONG ____ MERCER-TAYLOR ____ MILLER ____ KREUSER ____ C. PRESENTATIONS: 1. Northwest Youth and Family Services Annual Report D. APPROVAL OF MINUTES: August 27, 2008 TAB 1 E. PUBLIC HEARING: F. CONSENT AGENDA: 1. General Disbursements through 9/4/08: $154,026.54 Payroll through 8/31/08: $16,530.72 TAB 2 2. City Licensing TAB 3 3. Appointment of Barbara Leary to Capitol Region Watershed District's Planning Committee TAB 4 4. Award Bid for 2008 Sanitary Sewer Main Lining TAB 5 G. POLICY AGENDA: 1. Continuation of Recreational Fire Ordinance Amendment Discussion TAB 6 2. Setting of 2009 Preliminary Tax Levy and Truth-in-Taxation Hearing Dates TAB 7 H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: If you have a disability and need accommodation in order to attend this meeting, please notify City H?all 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. Regular Meeting of the City Council Minutes of August 27, 2008 Members present: Mayor Lindstrom, Council members Harris, Long, and Mercer-Taylor, Administrator Miller, Assistant City Administrator/Deputy Clerk, and City Attorney Kirchoff. Absent: Council member Kuettel. Mayor Lindstrom called the meeting to order at 7 p.m. Council member Long made a typo correction to the minutes and they were approved unanimously. Consent Agenda: Council member Harris was excited to see two women apply as firefighters. Mayor Lindstrom stated Jamie Bribois, the applicant for parks/rec who is a sophomore at RAHS, would be a great asset to the commission. Council member Harris moved to approve the following five items on the consent agenda. The motion passed unanimously. 1. General Disbursements through 8/21/08: $83,116.51 Payroll through 8/15/08: $20,431.27 2. City Licensing 3. Human Rights Commission Grant Application 4. Firefighter appointments 5. Parks and Recreation Commission appointment Policy Agenda: 1. Recreational Fire Code Amendment Administrator Miller began the item by explaining there have been increases in the number of recreational fire complaints of late. With the new codification, the city code follows the state code in reference to size and distance from buildings and structures. He added there was additional information before the council in relation to other city’s codes. Council member Long asked Miller to elaborate on the nature of these complaints. Miller responded some had to do with noise, late hours, smoke, and distance from structures (close to homes/fences/etc.) Craig and Ginny Allen, 1490 Idaho, were present and Ginny presented to the council photos and letters she had exchanged with her neighbor regarding his fires and made a few suggestions to the draft ordinance. Namely, they wanted to see more specific language that could be used for enforcement – add “dry,” to the list of acceptable burning materials, list 1-inch diameter, and the suggestion of more stringent language regarding setback from structures. The council discussed at length restrictions and specific definitions to ordinance terminology. Council member Long stated he thought the hourly restriction of 11 p.m. was too stringent. He said if noise, odor, or nuisances were the issue, they are already covered elsewhere in the code. Council members Mercer-Taylor and Harris wanted to keep the hourly restriction. Ginny Allen said they have raised the issue with the city regarding the fires being nuisances, and were told that unless the language is spelled out in the ordinance police do not easily enforce it. Miller replied the code depended a lot on its interpretation. Connie Iverson, 1482 Idaho, addressed the council and said the fires aren’t an issue for her because she doesn’t open her windows, but she was concerned with rules regarding where fires can be built (on lawn, not in a pit). She said she brought a fire pit to the neighbor who was illegally burning; he uses it and it’s not a safety issue anymore, but is still an issue for Craig and Ginny. She said she has noticed fire pits all over the place – right now they are very popular. She said other communities have provisions in their code on noise. Miller added that discussing this ordinance was not the result of just one complaint, but that others have been called in to police because of fires placed too close to houses. Mayor Lindstrom said he was open to more restriction, but was open to argument in Northeast with the big, deep lots. He said, in Northome, he had a hard time seeing the purpose of a fire at any time while on a big property he could see the appropriateness. Attorney Cynthia Kirchoff was present and made a suggestion to include ’fire is at least 25 feet from any structure or combustible material,’ which would remove line 6 from the draft. More discussion followed on what constituted combustible material, the hour restrictions, and what is allowed to be burned in any fire pit. Administrator Miller suggested to the council they table the issue, and staff can do more research and bring the draft back for September 10. 2. Dogs in City Parks Trial Period Discussion Council member Long, a member of the Parks Commission, presented the item to the rest of the council, explaining allowing dogs in the parks arose as part of the comp plan discussion. An online survey was posted, and 67% of respondents were agreeable to allowing leashed dogs in the parks. The city has been concerned with safety and the cleanliness of the parks, but the commission was not sure if those concerns were valid or if they were speculation. Thus, a pilot program allowing dogs in parks was suggested for a one-year trial period. Council member Mercer-Taylor made a friendly amendment to the trial, suggesting signage be posted “no dogs in playground area.” The rest of the council agreed. Administrator Miller added the current code says dogs must be in control and on a leash of 6-feet. Typically, dogs that are not brought to the park as their destination and are just passing through on the path have been allowed. Council member Harris thought this would be something people would want to try, but added there would need to be special rules for the Ice Cream Social. Mayor Lindstrom suggested Memorial Day – Labor Day 2009 for the trial, including the signage, and lots of promotion throughout the city. Miller stated money was budgeted in the CIP for signage. Council member Long made the motion for approval Memorial Day – Labor Day 2009, including adequate signage, playground prohibition, and promotion throughout the city. The motion passed unanimously. 3. Dynamic Sign Ordinance Amendment Administrator Miller began the item by explaining the ordinance before the council was a sixmonth process that started with the Planning Commission and included public hearings and public comment periods. Council member Harris said the Planning Commission had done a thorough job, and she supported the ordinance as it was written. Mayor Lindstrom agreed the commission did a great job, and was happy they were able to reach a consensus after some contention on the issue. He said that due to the commission’s unanimous support, he supported the ordinance as it stood. Council member Mercer-Taylor agreed. Council member Harris moved to approve the dynamic sign ordinance. The motion passed unanimously. Information/Announcements: Council member Mercer-Taylor said there was excellent attendance at the National Night Out party at Curtiss Field, about 50-75 people turned out. Council member Harris agreed it was a great success. She announced the Human Rights Commission poster contest needed entries, and would be open until Sept. 15. Mayor Lindstrom congratulated Richard Bartz for the winning photograph in the Falcon Heights photo contest. Council member Long reminded residents that school was about to start, and to be mindful of students on foot and on bikes. Lindstrom added that fair time is upon Falcon Heights, and wanted to know about the noise. Administrator Miller replied city hall has taken calls regarding the noisy grandstand shows and late fireworks. Fair officials have stated they are going to buy a decibel meter and will keep track of the sound. Mayor Lindstrom congratulated Harris for her blue ribbon-winning Minnesota sesquicentennial cake. She replied cake decorating is her hobby and she loves the fair, and was very excited to win. Lindstrom added he had gotten to do some fun activities as mayor -toured the new U of M football stadium as part of the task force, was in the Back to School parade for FH Elementary, and participated in a puff pastry cooking demo at the Fair. Administrator Miller announced the Larpenteur Avenue Streetscape Committee had met and had some good ideas on improving the corridor. The next meeting is September 15, where they will refine those ideas further. There are two commission openings – one seat each on the Human Rights and Planning Commission. Finally, he announced the September 3 workshop would cover the CIP, special revenue fund, and general fund levy. The meeting was adjourned at 8:15 p.m. Respectfully submitted, Stacey Kreuser Assistant City Administrator/Deputy Clerk CONSENT F1 9/10/08 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O. Olson, Finance Director REVIEWED BY: Justin Miller, City Administrator EXPLANATION: General Disbursements through 9/4/08: $154,026.54 Payroll through 8/31/08: $16,530.72 ATTACHMENTS: Payroll and general disbursements ACTION REQUESTED: Approval CONSENT F2 9/10/08 ITEM: City Licenses SUBMITTED BY: Stacey Kreuser, Assistant City Administrator/Deputy Clerk EXPLANATION: The following business has applied for mechanical contractor’s licenses for 2008. Staff has received the necessary documents for licensure. • DeZiel Heating & Air Conditioning • Peoples Plumbing & Heating • Hi-Tech Heating & Air Conditioning CONSENT F3 9/10/08 ITEM: Appointment of Barbara Leary to Capitol Region Watershed District’s Community Advisory Committee SUBMITTED BY: Mayor Peter Lindstrom EXPLANATION: At our August 6th city council meeting, Mark Doneaux from the Capitol Region Watershed District presented their plans for the Watershed Management Plan process. Part of this includes the formation of a community advisory committee made up of residents living in the watershed district. He asked that each city appoint at least one person to the committee to represent our city. Upon watching the meeting on television, Barbara Leary volunteered to serve as the Falcon Heights representative. ACTION REQUESTED: I recommend the Falcon Heights City Council appoint Barbara Leary to the Capitol Region Watershed District’s Community Advisory Committee for their Watershed Management Plan update process. CONSENT F4 9/10/08 ITEM: Award Bid for 2008 Sanitary Sewer Main Lining SUBMITTED BY: Tim Pittman, Parks and Public Works Director REVIEWED BY: Justin Miller, City Administrator Deb Bloom, City Engineer BACKGROUND The majority of the city’s sanitary sewer mains were constructed in the late 1950’s and early 1960’s, utilizing clay tile pipe. Over time the joint materials have failed allowing root intrusion. The pipe is also susceptible to cracking and construction damage. The 2008 Capital Improvement Plan includes funding for a sanitary sewer main lining program to extend the life of our sanitary sewers by 50 years or more. This technology essentially installs a new resin pipe inside the old clay tile sewer main without digging up city streets, which results in minimal disruption to residents during construction. The liner pipe is inserted into the main through existing manholes and cured in place with a heat process. Any given segment is usually completed in one working day. Service line connections are reopened using a robotic cutter and remote cameras. During the process, existing flows are bypassed using pumps. This technology has been proven over the past 20 years, and costs have become competitive with open cut replacement. This technology also prevents infiltration of groundwater into the system and can help prevent the City from being surcharged for excess inflow/infiltration. Staff assembled a specification and advertised for bids for approximately 603 lineal feet of main lining in areas identified as having root intrusion or infiltration problems. Bids were opened on August 21, 2008. We received three bids for the 2008 Sanitary Sewer Main Lining Project. The low bid submitted by Veit & Company, Inc., $18,900, exceeds the budgeted amount of $15,000 for this project by $3,900. Unit prices have increased in the past few years due to rising materials and transportation costs, and are not anticipated to decrease in the near future. This work is funded in the Sanitary Sewer Funds. The following is a listing of the bids received: BIDDER AMOUNT Veit & Company, Inc. $18,900.00 Visu-sewer $23,508.00 Lametti & Sons, Inc. $35,865.00 ACTION REQUESTED: Motion awarding a bid for 2008 Sanitary Sewer Main Lining Project in the amount of $18,900 to Veit & Company, Inc., of Rogers, Minnesota. POLICY G1 9/10/08 ITEM: Continuation of Recreational Fire Code Amendment Discussion SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: At the August 23rd city council meeting, a draft recreational fire ordinance amendment was discussed. Several items needed further clarification, so the matter was tabled so staff could refine the proposed ordinance. Attached to this report is a revised ordinance that addresses many of the concerns discussed at the last city council meeting. Specifically: 1) The terms “combustible material” and “recreational fire” are more clearly defined. The city attorney checked with the state fire marshal, and he confirmed that there was no definition of “combustible” in the state fire code. He suggested that language from state statute section 304 be inserted instead. 2) The setback requirement from structures and combustible materials was amended to 25 feet in order to be consistent with the state fire code. 3) A requirement that the fire be surrounded by a “base or barrier of non-combustible material that is at least six inches in height” has been added. This is not required under the state fire code. 4) The word “objectionable” was added to paragraph (d) to address smoke concerns. As was stated at the last meeting, however, this is subject to interpretation by whoever is responding to the call. The remaining requirements have been left mostly unchanged from the previous version, including hours of operation, allowable wind speeds, and the power of fire and police personnel to extinguish the fire if a hazardous condition exists. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached code amendment relating to recreational fires. ORDINANCE NO. 08-02 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE FALCON HEIGHTS CITY CODE CONCERNING RECREATIONAL FIRES THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Chapter 26 (Fire Prevention and Protection) of the Falcon Heights City Code is amended to add the following section: Sec. 26-4. Recreational fires. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Combustible material means any material that is capable of being ignited, including wastepaper, wood, hay, straw, weeds, litter, plastic or combustible or flammable waste or rubbish of any type. Healthy trees are not combustible material. Recreational fire means an outdoor fire burning materials other than rubbish, trash, debris, grass, tree trimmings, garden residue or similar materials where the fuel being burned is not contained in an incinerator, barbeque grill, or barbeque pit. (b) Requirements. It shall be unlawful for any person to burn a recreational fire in the City unless: (1) the fire is used for cooking, social, or recreational purposes; (2) the fire is at least twenty-five (25) feet from a structure or combustible material and ten (10) feet from a property line; (3) conditions that could cause a fire to spread within twenty-five (25) feet of a structure are eliminated prior to ignition; (4) the fire is no greater than three (3) feet in diameter and two (2) feet in flame height and surrounded by a base or barrier of non-combustible material that is at least six (6) inches in height; (5) the fire burns charcoal or dry unpainted or untreated wood that is at least one (1) inch diameter; (6) the fire burns between: a. 9:00 am and 10:00 pm Sunday through Thursday; b. 9:00 am and 11:00 pm Friday, Saturday and legal holidays; (7) a responsible adult is attending the fire and the fire is completely extinguished before leaving the scene; (8) fire extinguishing equipment (such as dirt, sand, buckets, shovels, garden hose, or a fire extinguisher) is readily available for use; and (9) wind speeds do not exceed 10 mph. (c) Recreational fires are not permitted at anytime of day when the Minnesota Pollution Control Agency has issued an air quality alert or Minnesota Department of Natural Resources has declared a burning ban. (d) The Fire Chief and authorized fire department personnel, and police are authorized to require that a recreational fire be immediately extinguished if the fire creates or adds to a hazardous or objectionable condition. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect from and after its passage. ADOPTED this 10th day of September, 2008, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: ____________________________ Peter Lindstrom, Mayor ATTEST: ___________________________________ Justin Miller, City Administrator/Clerk POLICY G2 9/10/08 ITEM: Setting of 2009 Preliminary Tax Levy and Truth-in-Taxation Hearing Dates SUBMITTED BY: Justin Miller, City Administrator EXPLANATION: Each year, cities are required to certify a preliminary tax levy so Ramsey County can prepare truth-in-taxation statements for our taxpayers. These statements are mailed out in November, and truth-in-taxation hearings are held in December. The amount set as the preliminary levy cannot increase, but can decrease when the council approves the final budget in December. The 2008 legislative session capped property tax levies at a 3.9% increase over the previous year, with certain exceptions. Due to an increase in local government aid (LGA) and fiscal disparities distributions, our maximum general fund levy is $878,103. This is a decrease of 7.91% from the certified 2008 property tax levy. The state legislature allowed for certain special levies to be applied which fall outside of the levy limit calculation. One such special levy is to collect for general obligation debt that the city is responsible for (issued in 1999 for street improvements). In the past, we have paid for our general obligation debt out of reserves. The result has been a steady depletion of our infrastructure capital account, which at current rates will be in a deficit situation by 2012. Applying some of this debt payment to the tax levy will help preserve the infrastructure capital account for a few more years while still having a negligible impact on our taxpayers. The proposed 2009 property tax levy can be summarized as follows: 2008 Budget 2009 Proposed % Change A Ad Valorem Taxes $774,230 $680,601 -12.09% B Fiscal Disparities $176,846 $197,502 11.7% C Delinquent Taxes $2,500 $0 D Special Levy for Debt $0 $96,129 Total Property Tax Levy Certified to Ramsey County (A+B+C+D) $953,576 $974,232 2.16% Actual Levy Applied to Falcon Heights Taxpayers (A+C+D) $776,730 $776,730 0.0% As you can see, the amount of levy that will be spread among taxpayers will be identical to 2008. The median assessed value for a Falcon Heights home in 2009 decreased by 5.1%. The result of this, accompanied with the flat tax levy applied to our property owners, will result in a decrease in city taxes for most homes in Falcon Heights. The attached worksheet outlines the estimated impact on various homes based on their values. Several issues will impact the 2009 general fund budget. The major impacts are described below: Personnel Health Insurance For many years, the city has purchased health insurance (and other benefits such as long term disability and life insurance) from Ramsey County. The belief was that since we are such a small group, we would get better rates from a larger plan. Earlier this summer, staff entered into discussions with a health insurance broker to see if the city could find better rates on our own. Initial findings indicate that we could be very competitive on health insurance, but less so in the other benefits. We are currently discussing our options with Ramsey County, but nonetheless, we have included a 6% increase for health insurance benefits, which reflects the estimate from our broker on a stand-alone health insurance plan. Personnel Costs We have included a 3.5% cost of living adjustment (COLA) for regular employees in 2009 in order to stay competitive with comparable cities. Other cities staff has has spoken to are budgeting a 3.5%-4% increase. No new staffing is proposed for 2009. Individual Budget Summaries Legislative: No major changes Administrative: Decrease due to reallocating portion of general liability insurance to enterprise funds Finance: Increase due to expanded intern hours and wages Legal: Decrease to better reflect historic expenditures Elections: Reflects expenses for city-only election year (2007 last comparable year) Communications: No major changes Planning and Inspections: Decrease reflects renegotiated building inspector contract Emergency Preparedness: No major changes Police: In accordance with our police contract with the St. Anthony Police Department, our policing services budget will increase from $548,100 in 2008 to $578,250 in 2009. (The numbers in the proposed budget differ from these contract amounts in order to reflect actual expenditures after taking State Fair contributions into account). After deducting expenses for the cost of extra policing during the State Fair, the increase in the police budget for 2008 totals $29,150. Prosecution: No major changes Fire Services: Increase reflects anticipated hire of two additional officers Fire Relief: No major changes (this is a pass through of money received from the State of Minnesota) City Hall and Grounds: No major changes Park Maintenance: Increase due to utilities, increased maintenance, and temporary warming house (which has not historically been budgeted for) Engineering: No major changes Tree Program: No major changes (this is simply the line item for our contract inspector, the majority of the expenses are in the Capital Improvements Plan) Contingency: No major changes Expenditure Summary The proposed budget reflects an increase in expenditures of $27,359, or 1.6%. Revenues Local Government Aid (LGA) The city’s LGA allocation will increase in 2009. The total amount we are scheduled to receive is $438,064. This is an increase of $124,931 over our 2008 allocation. While the amount we receive will increase, these additional funds are taken out of our base for purposes of calculating our levy limit. Transfer from Reserve Funds In order to provide a balanced budget, a transfer from reserve funds is needed in the amount of $97,183. Beginning with the 2007 budget, the city council has approved budgets that have reduced this amount with the goal of eliminating the transfer within a few years. The actual amount transferred in the past few years has been smaller than budgeted due to higher than expected revenues and lower than expected expenses. It is possible this could occur again in 2009, but this amount is needed in order for the budget to balance. ACTION REQUESTED: Staff recommends that the Falcon Heights City Council adopt the attached resolution setting the preliminary tax levy at $974,232 (which includes $96,129 for a special levy relating to general obligation 1999 street improvement bond debt), and setting the truth-in-taxation hearing dates as December 1st and December 8th (if needed for a continuation hearing). Both meetings will be held at 7:00 pm in the city council chambers. Estimated 2009 Property Tax Impact Tax Impact 2008 Assessed Value 2009 Assessed Value (5.1% decrease) 2008 Tax Capacity 2009 Tax Capacity 2008 City Tax Rate 2009 City Tax Rate 2008 City Taxes 2009 City Taxes Difference $ 1 25,000 $ 118,625 1 ,250 1 ,186 18.554% 19.174% $ 231.93 $ 227.46 $ (4.47) $ 1 50,000 $ 142,350 1 ,500 1 ,424 18.554% 19.174% $ 278.31 $ 272.95 $ (5.36) $ 1 75,000 $ 166,075 1 ,750 1 ,661 18.554% 19.174% $ 324.70 $ 318.44 $ (6.26) $ 2 00,000 $ 189,800 2 ,000 1 ,898 18.554% 19.174% $ 371.08 $ 363.93 $ (7.15) $ 2 25,000 $ 213,525 2 ,250 2 ,135 18.554% 19.174% $ 417.47 $ 409.42 $ (8.04) $ 2 50,000 $ 237,250 2 ,500 2 ,373 18.554% 19.174% $ 463.85 $ 454.91 $ (8.94) $ 2 75,000 $ 260,975 2 ,750 2 ,610 18.554% 19.174% $ 510.24 $ 500.41 $ (9.83) $ 3 00,000 $ 284,700 3 ,000 2 ,847 18.554% 19.174% $ 556.62 $ 545.90 $ (10.72) $ 3 25,000 $ 308,425 3 ,250 3 ,084 18.554% 19.174% $ 603.01 $ 591.39 $ (11.62) $ 3 50,000 $ 332,150 3 ,500 3 ,322 18.554% 19.174% $ 649.39 $ 636.88 $ (12.51) $ 3 75,000 $ 355,875 355,875 3 ,750 3 ,559 18.554% 19.174% $ 695.78 $ 682.37 $ (13.40) $ 4 00,000 $ 379,600 4 ,000 3 ,796 18.554% 19.174% $ 742.16 $ 727.86 $ (14.30) $ 4 25,000 $ 403,325 4 ,250 4 ,033 18.554% 19.174% $ 788.55 $ 773.35 $ (15.19) $ 4 50,000 $ 427,050 4 ,500 4 ,271 18.554% 19.174% $ 834.93 $ 818.84 $ (16.09) $ 4 75,000 $ 450,775 4 ,750 4 ,508 18.554% 19.174% $ 881.32 $ 864.34 $ (16.98) $ 5 00,000 $ 474,500 5 ,000 4 ,745 18.554% 19.174% $ 927.70 $ 909.83 $ (17.87) 2009 Tax Rate includes overall levy of: 974,232 CITY OF FALCON HEIGHTS COUNCIL RESOLUTION NO. 08-10 September 10, 2008 CERTIFICATION OF THE PRELIMINARY TAX LEVY FOR 2009 BE IT RESOLVED, that the City Council of Falcon Heights authorizes the City to levy taxes in the amount of $974,232 for the year 2009, and BE IT FURTHER RESOLVED that the County Auditor should extend the preliminary tax levy in the amount of $974,232 for the year 2009. Moved by: ______________ Approved by: _______________________ Peter Lindstrom, Mayor September 10, 2008 LINDSTROM HARRIS KUETTEL _____ In Favor LONG _____ Against MERCER-TAYLOR Attested by: _________________________ Justin Miller City Administrator September 10, 2008