Agenda Packets - 2007/10/08 - Laserfiche WebLink

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Mounds View City Council August 27, 2007 Regular Meeting Page 13 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 795, an 1 Ordinance Amending Chapter 1001 Pertaining to the Building Code. 2 3 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 L. Resolution 7140, Updating Feasibility Report for the 2008 Street and Utility 8 Improvement Project 9 10 Public Works Director Lee reviewed the options for the Council to consider. There is also an 11 issue with the Charter for a project in 2008, as it states that when a proposed improvement is 12 disallowed, the City Council shall not vote within one year. So, using the 2007-2008 feasibility 13 may violate the City’s Charter and Staff would need a legal opinion on that. 14 15 Director Lee indicated that the other issue is the definition of voting and what that covers, that 16 will also need legal interpretation. 17 18 Director Lee indicated that there are some items that will need to be done including defining the 19 scope of the project, and what the costs of those items would be. 20 21 Director Lee indicated that, from a cost effectiveness standpoint, and engineering perspective, he 22 would recommend Option 4, delaying the street project until 2009. 23 24 Director Lee indicated that there is the potential for up to 800 rain gardens in the City, and that 25 may require contracts with residents, and potential ordinance amendments. Staff noted that 26 postponing this any longer may mean that there cannot be a street project in 2008. 27 28 Council Member Stigney asked whether the City Attorney could comment on the legal concerns 29 raised. 30 31 Attorney Riggs indicated that this was discussed with Staff briefly, and he generally concurs. He 32 then said that if there is no special assessment involved then the timing requirements change. 33 34 Council Member Flaherty asked whether the fact that a portion of the project was stopped by 35 petition, impacts whether another portion of the project can proceed. 36 37 Attorney Riggs indicated that it is his opinion, that this would be a different project. 38 39 Mayor Marty reviewed some of the requirements within the feasibility costs, and said he would 40 think that it would cost well less than $17,000. 41 42 Joe Rhein, BRAA indicated that there was a complete report for this project and, when the 43 petition stopped the project was put on the shelf. He then said that then this project came about 44 for 2008 that is a portion of the other project. 45