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HomeMy WebLinkAboutMinutes - 1993/09/13PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 13, 1993 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on Monday, September 13, 1993. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ~ATH OF OFFICE Samantha Orduno, City Administrator, administered the Oath of Office to Councilmember-Elect, Julie Trude. Trude was welcomed to the Council by the Mayor and Councilmembers. Bill Frits, 8072 Long Lake Road, stated that the City Council is incorrectly saying the Pledge of Allegiance. ROLL CALL MEMBERS PRESENT: Mayor Linke, Councilmembers Wuori, Blanchard, Trude, and Quick. MEMBERS ABSENT: None ALSO PRESENT: Don Brager, Finance Director-Treasurer; Paul Harrington, City Planner; Mike Ulrich, Public Works Supervisor; Tim Cruikshank, Assistant to the City Administrator; Jim Thomson, City Attorney Mayor Linke announced that Dick Schmidlin, the City's mechanic and 15 year employee, passed away on the afternoon of September 13, 1993. Mayor Linke described some of the duties that Dick performed as a City employee. Mayor Linke also stated that the City Hall flag will be flown at half staff until after Dick's funeral in his honor and that City Hall will be closed for the ~uneral. Mayor Linke stated that Dick will be greatly missed by all. Mounds View City Council Page Two ~tegular Meeting ~ September 13, 1993 APPROVAL OF MINUTES MOTION/SECOND: Quick/Wuori to .approve minutes of August 25, 1993, Canvassing Board Meeting as presented. VOTE: 4 ayes 1 abstention 0 nays Motion Carried MOTION/SECOND: Blanchard/Wuori to approve minutes of August 23, 1993, Regular Council Meeting, as presented. VOTE:. 3 ayes 2 abstentions 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: Mayor Linke introduced and read Resolution No. 4419,."Salute to Youth" Award to Tri-City Red Baseball Team. MOTION/SECOND: Linke/Quick to adopt Resolution No. 4419, "Salute to Youth".Award to Tri-City Red Baseball Team VOTE: 5 ayes 0 nays Motion Carried Mayor Linke presented this award on behalf of the City to the Coach, Mark ~alata, and the manager, Elmer Buttweiller, of the Tri-City Red Baseball eam for a job well done. CONSENT AGENDA Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council desired removed from the Consent Agenda. Councilmember Trude asked. that Item F., Consideration of Amendment to the Joint Fowers Agreement for the Fire Training Association, be removed from the Consent Agenda for further discussion. MOTION/SECOND:. Blanchard/Trude to adopt the Consent Agenda minus-Item F. VOTE: 5 ayes 0 nays Motion Carried MOTION/SECOND: Linke/Blanchard to Table the Consideration of Amendment to the Joint Powers Agreement for the Fire Training Samantha Orduno, City Administrator, explained that in December of 1990, the previous Council had entered into a Joint Powers Agreement with Brooklyn Center, Blaine, Fridley, Spring Lake Park and Columbia Heights to construct a Fire Training facility. Blaine, Mounds View and Spring Lake Park were considered as one entity in regards to this project. Orduno stated that 50,000 had been set aside out of the bond issue for the training facility. Since that time Columbia Heights has opted out of the Joint Powers Mounds View City Council Page Three ~egular Meeting September 13, 1993 Agreement. This agreement would be amended to delete any reference to Columbia Heights and also amend the cost from $200,000 to $150,000 as the City's share. The most recent information is that construction has begun in some form. Orduno stated that as a provision of the., Agreement, all decisions were delegated to the Chief's Committee which is comprised of all of the Chiefs from the cities listed above. The cities had not been informed of any decisions regarding this facility. Mayor Linke stated that he is asking that this item be tabled so that it can be discussed further before Mounds View signs the document. Mayor Linke stated. that he would like to see more control put into the agreement involving the cities. Linke stated that the Joint Powers Agreement gives the cities no control as to how the funds are spent. Mayor Linke stated that all cities have not signed off on the Agreement, therefore, it could be amended and resigned by the City that has already approved it. Orduno stated that any amendments. to the Joint Powers Agreement that Mounds View makes would have to be given to the other cities. Orduno stated that per the Agreement Fridley is the operating agent and that Fridley was also unaware of the status of the construction of the facility. VOTE: 5 ayes 0 nays Motion Carried ~ESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR There were no requests nor comments from the residents at this meeting concerning any issues not on the .agenda. PUBLIC HEARINGS 7:05 p.m. Continuation of Request for C.U.P. - 7901 Red Oak Drive Mayor Linke opened the continuation of the public hearing to consider the request for Conditional Use Permit to allow the continued use of a temporary structure at 7901 Red Oak Drive at 7:17 p.m. Paul Harrington, City .Planner, explained that this public hearing was continued from the August 23, 1993 meeting to afford the Council more time to review the request. Harrington stated that in 1988 the applicant had made application for a conditional use permit to allow for a temporary portable classroom on the premises located at 7901 Red Oak Drive which the City Council approved. This. Conditional Use Permit would sunset after a five year period. The applicant is asking for a continued use of the portable classroom. The Planning Commission reviewed this request and recommended it be approved with contingencies. Mayor Linke stated that he would like to add an additional contingency to the already proposed contingencies which would be to pave the parking lot under the temporary structure upon its removal. ayor Linke closed the public hearing at 7:20 p.m. Mounds View City Council ~tegular Meeting Page Four September 13, 1993 MOTION/SECOND: Wuori/Quick to Adopt Resolution No. 4409 Approving a Conditional Use Permit for a Temporary Portable Classroom for Church Upon the Rock, 7901 Red Oak Drive, As Amended, by Adding a Fourth Contingency -which States that the Parking Area Under the Temporary Structure Be Paved Upon Its Removal VOTE: 5 ayes o nays Motion Carried Councilmember Trude added that the Church .Upon the Rock stated that they have plans to move. Paul Harrington stated that .Church Upon the Rock is pursuing other sites, not necessarily in Mounds View. Harrington also stated that Church Upon the Rock was not able to secure a site prior to this class year, but will be relocating immediately after this school year. Continuation of Introduction of Ordinance No. 528 - Street Light Utility Mayor Linke stated that in his discussions with the residents regarding budgets for utilities, he found that many of the residents didn't understand the process of how taxes were arrived at. Mayor Linke gave a presentation on how taxes are derived and gave examples of how business, commercial, esidential and apartment taxes affect one another. Also included in this ~iresentation was how the street light, proposed storm water utility and property tax numbers were arrived at. Mayor Linke used metro-wide numbers to show how the tax dollars varied. Mayor Linke also commented on the number of residents in Mounds View who would benefit from itemizing their property taxes on Schedule A or deducting their federal taxable income. Mayor Linke stated that he contacted the IRS and found that approximately 20 percent of the residents in Mounds View itemize their taxes which is approximately 562 residents. Mayor Linke stated that when he thought about the different ways and means of raising $72,000 he had to find away that would be of benefit to the City as a whole, not just to a portion of the City residents. Duane McCarty, 8060 Long Lake Road, thanked Mayor Linke for his presentation, but stated that using metro-wide numbers really didn't show how Mounds View was affected. Ruth White, 2917 County Road I, brought up the fact that many people take advantage of itemizing their property taxes, the circuit breaker, or refund programs. Ms. White stated she is opposed to having anything placed on utility bills. Ms. White prefers additional taxes. be placed on her property tax. Councilmember Trude stated that many taxpayers do use. the renters' credit, filing form MPR-1, which subsidizes a portion.of the rent whether or not hey itemize on their tax returns. Mounds View City Council ~tegular Meeting Page Five September 13, 1993 Mayor Linke stated that these credits do not make up the difference saved between taxes and utilities. Councilmember Trude stated that whether a person itemizes or not depends on the age of the homeowner because newer homeowners often have very large deductions for their mortgage interest payments. Mayor Linke stated that earnings are the key to whether a person itemizes or not. Mayor Linke stated he does not itemize because he doesn't have enough deductions, and yet, he has two mortgages, one at 1?~. Duane McCarty stated that the County sets the market values for the properties and that there is a methodology used that maintains continuity of fairness within the system. Mayor Linke spent a great deal of time on the phone with Ramsey County personnel discussing how the valuation for properties was set. Mayor Linke stated that Ramsey County explained that the market value is derived from a random sampling of homes being sold in the community. Homes at the time of the valuation that was being discussed were selling for $120,000, but these were new homes being sold. This is what was driving up the market value. ~cCarty stated that under the law it can't work that way. McCarty stated hat the County uses sales comparisons for like properties. Mayor Linke stated that the average sale price of homes in Mounds View is what was used. McCarty stated that this is a job for the City Attorney perhaps. Councilmember Trude stated that when she was out talking to people many of them had received 10~ increases in their home market valuations and were very unhappy. Mayor Linke stated that he called Ramsey County to discuss market values regarding properties and could not get the County to return his calls. Finally, Mayor Linke stated that he called Terry Schutten's office. Don Brager, the City's Finance Director also called and his calls were never returned. Councilmember Trude stated that market values determine the amount of taxation. Mayor Linke stated that he was told by Ramsey County that many residential properties went down, but when he talked to residents he couldn't find even one person whose property taxes went down. oger Stigney, 8400 Eastwood Road, stated that the comparison that the Mayor ~iade was user fees versus taxes, but there are other means such as special assessments. Stigney stated that one of the other factors in placing the Mounds View City Council ~tegular Meeting Page Six September 13, 1993 utility tax on the property taxes is that it gives accountability to the residents. Mayor Linke stated that this utility also would be accountable to the residents. There are public hearings throughout the entire budget process. This utility would be identical to the sewer and water utilities and would be approved at the same time as the budget. Mr. Stigney stated that the five Councilpersons make the decisions on these items, whether a public hearing is held or not. Mayor Linke stated that the five Councilpersons are elected by the City as a whole and make the decisions for the best interest of the community as a whole. Tim Cruikshank, Assistant to the City Administrator, stated that this item had been continued from the August 23, 1993 meeting to give the new Councilmember time to review the ordinance. This ordinance had been given a sunset date to look at the rates and reconstruct the utility as a whole. Any action that the Council takes will only continue or discontinue the utility. The Council can either waive the reading and approve the introduction or move to deny the approval of the introduction of the rdinance. Councilmember Trude stated that it was helpful to have more time to study the utility. Councilmember Trude stated that while she was campaigning residents expressed concern because of the darkness and the rate of vandalism and crime. These persons were basically in the southwest portion of the City. Trude stated that there is a need for more streetlights, however, stated that she had a problem with the rate of the utility. Ms. Trude suggested that the Council should follow the Charter and set just and reasonable rates. This utility budget has $25,000 to date and there will be a $55,000 surplus by the end of the year. Ms. Trude stated that she would like to see the rate cut in half. Councilmember Blanchard stated that this ordinance should be sunsetted. $25,000 was collected this year and by the end of this year there will be a total of $50,000. Blanchard stated that at the time that this ordinance. went into effect it was assumed that it would be used for streetlights. The City only received six requests for streetlights. Blanchard stated that with the electric and gas franchise fee, the City is taxing the people twice. Blanchard stated that it is not ethical. Blanchard suggested that perhaps one month of the franchise fee could be dedicated to the streetlight fund if funds are needed for streetlights. Mayor Linke asked Councilmember Blanchard if what she was saying was to unset the utility fee and place the amount to be raised on the taxes. ~iayor Linke stated that the need is $50,000. Mounds View City Council Page Seven ~tegular Meeting September 13, 1993: Councilmember Blanchard stated that quarterly the Gity raises $18,000 and spend approximately $15,000. This means that there still is something coming in on utility. It is not right to tax the residents twice. Councilmember Trude stated that this utility could be abandoned for one year and looked at again and the fee could be adjusted. Councilmember Blanchard stated that after one year, if it would become necessary, the utility could be reconsidered. Blanchard stated that the City is taxing the residents twice, once with the electric franchise and once on the streetlight utility. Councilmember Trude stated that she would like to ask Mr. Brager how wise it would be to spend down the fund and then reconsider it later. Mayor Linke stated that when this utility went in to effect the rates were set, now because of an excess, the rates appear to be too high and the rates could be adjusted if the street light utility were continued. Mayor Linke. stated that perhaps the $14.00 rate is too high. Mayor Linke stated that he would not like to see the utility eliminated altogether. Councilmember Quick stated that, at the last Work Session, the Police Department was asked to relook at where there is a need for street lights in ~he City. Councilmember Quick stated that the Council should proceed rudently and look at the list of where street lights are needed. Councilmember Trude stated that the need for streetlights in the City is not totally a crime problem. The residents in the southwest portion of the City complained about adding this utility to their bill as they don't have street. lights and are paying for them. Mayor Linke stated that each year in the newsletter there is an article on streetlights and how residents should go about getting .that information to the City. Councilmember Quick stated that every year the state changes rules and we have to adjust every year. Councilmember Quick stated that the City should prudently move forward with street lights and evaluate the situation before making hasty decisions. Councilmember Blanchard stated again that this ordinance should be sunsetted. Councilmember Blanchard stated that this utility was to be a temporary fix until the franchise fee came into effect, now, with the franchise fee and utility the residents are being taxed twice. Mayor Linke stated that the City uses $125,000 of the franchise fee for taxes. Orduno stated that the City is receiving $200,000 per year assuming 1991 was ~n average year. Orduno stated that in speaking to NSP, the fund will be down considerably because of the cool summer this year. The fee collected Mounds View City Council Page Eight ~tegular Meeting September 13, 1993 for 1992 should be between $170,000 and $190,000. Orduno explained that for a January billing the City won't receive any funds until March. This means the City only receives 10 months worth of payments in 1993. Councilmember Wuori stated that she strongly agreed with Councilmember Trude's evaluation. There are areas in the City that do need street lights. Many residents have not gone through the process and let the City know that they need a street light. At the last Council Work Session the City Council decided to become more proactive in regards to placement of streetlights. There is a need for $50,000 if the City is to be more proactive, but after that point it may drop down. The rate could be rearranged or changed on a yearly basis which would be a big budget item each year. Councilmember Wuori stated that she was in favor of keeping the utility and becoming more proactive with regard to street lights and adjusting the rate on a yearly basis. Bill Werner, 2765 Sherwood Road, stated that he is in opposition to this street light utility. Mr. Werner stated that he felt the City conned the public with the fact that this street light utility would be sunsetted in two years. Werner stated that now it will continue like all of the others and will go on forever. Mr. Werner questioned the Council as to the need for funding for extra lights when there is currently money in the account. ~ayor Linke stated. that there is a surplus in the account. There was no rack record for this utility in the beginning and the rate is too high. The rate can now be adjusted. Bill Werner stated that the rate should drop to zero, however, then the Council would have to .start all over to convince the people. Mayor Linke stated that if the money isn't raised through a street light utility, then it would. have to go on the taxes. Bill Werner asked the Council if it is easier to convince the residents to spend money in an already existing account or tax them for it. Mayor Linke stated that the City would still have to pay $53,000 for electric to run the lights and maintain them. The City has $50,000 in that account but what happens to the next year. Mayor Linke stated that he does not think one year at a time, but five to 10 years in advance. Mayor Linke stated that the City would like to be fiscally sound in five years. Bill Werner stated the funding should go on the taxes. If the clever financing methods and user fees continue, there will be 40 .more special funds. Councilmember Trude stated that the utility is what manner of taxing should be used -- should account or keep it as a reserve and adjust the .'rude stated that the City is conservative and safety cushion so as not to have to borrow Fun. a tax and now the decision is the City spend down the rates to match the costs. .has always tried to have a 3s. ~ounds View City Council egular Meeting Page Nine September 13, 1993 Naja Werner, 2765 Sherwood Road, .stated that in the last two years the City has imposed a utility fee, imposed a franchise fee for gas and electric and now are proposing an additional fee for a surface water management utility. Tf a Mounds View taxpayer were to sit down and add up these fees on a yearly basis and had that amount placed on property taxes he would scream "bloody murder". The City continues to put more and more fees on the taxpayers. Ms. Werner stated that it was her belief that this was the wrong philosophy. Mayor Linke stated that the taxpayers would be paying more if this amount would be put on their taxes than they are paying on a utility fee. Duane McCarty, 8060 Long Lake Road, stated that the. Council and staff should get into a retreat as soon as possible. Mr. McCarty suggested that the Council pull back on these additional charges and calculate the amount to be placed on the 1994 taxes. and then get citizens involved and make the FOCUS 2000 work. Mr. McCarty stated at this rate the residents. are building up resentment for the Council and it will continue until the Bel-Rae will be filled again. The "hidden taxes" will not work. Mayor Like stated that the tax rate can be adjusted now, however, in the beginning there was na track record to go by as far as rates are concerned. ~cCarty stated that Councilmember Wuori stated that the City Council has decided to take a more proactive stance on street lights. Mayor Linke stated that the installation of street lights is based on resident requests and petitions just as it was when Mr. McCarty was Mayor. Mayor Linke was not at the-Work Session in which the proactive stance was discussed, but stated that it is time to become more proactive with regard to the street lights. The Council has requested that the Police earmark high crime areas and the City can be more proactive and put in street lights where they are needed. Duane McCarty stated that the Council has to take a proactive stance and use the talents and energies of his staff. McCarty stated that this has not been done in the past. McCarty stated that the Council should back off and come back to the residents with a proactive plan -- a plan to get support of the community. Mayor Linke stated that he is not in favor of putting in a street light where it is not wanted by the residents just because the Police have earmarked that location for a street light. Duane .McCarty stated that if the area is a high crime area and the Police have suggested a street light be put in to aid in the reduction of crime, the citizens will more than likely come forth and support the placement. ~ir. Werner asked if the .street light utility fund is a designated or undesignated fund., Mounds View City Council Page Ten ~egular Meeting September 13, 1993 Mayor Linke stated that the street light utility fund is a designated fund and those monies. are collected and expended for the purpose of street light operation and maintenance. Samantha Orduno, City Administrator, stated that the City doesn't have an undesignated fund for long. Most of time the surplus from an account is designated promptly. Ed Werdien, 6940 Silver Lake Road, asked why the City is taking $200,0.00 from the water and sewer fund to put an expansion on the City Hall building. Mr. Werdien stated he read this in The Bulletin. Mr. Werdien suggested letting the rates go down and don't do any work on the City Hall building. Mr. Werdien stated that the building-needs no expansion. Mr. Werdien stated that Mounds View has the highest water and sewer rates around. The only City lower is Lino Lakes. orduno stated that there is a certain amount to be transferred from one fund and placed in another. Naja Werner read from The Bulletin the following, "Currently, the city hall building fund has a $371,000 balance. The additional money for the project will be transferred from the city's general, sewer, water and undesignated ~unds." Naja Werner questioned, "what is a designated fund?" Orduno explained that a designated fund is a fund where the money that goes into it is designated to buy equipment and services for a certain program. These .funds can be transferred from one fund to another. In times where .there are undesignated funds or surplus funds where the City has spent less than budgeted, those funds are undesignated until they are designated. Naja Werner stated that then if there were a certain amount of money for sewer and the taxpayer thinks it is being used. for sewer, the Council can actually use it elsewhere. Mayor Linke stated that if the money were to be taken out of water it would be used for something to do with that department. Orduno explained that the rates are lower in New Brighton because of the army settlement that happened years ago and the money is used to buy down sewer and water rates. Bill Frits, 8072 Long Lake Road, stated that a sunset was provided on this utility so that the utility could come to an end so that the City could assess what had taken place and go on from there. Mr. Frits stated that now is the time to end the utility and assess its success or failure. - Mayor Linke stated that the rate is more than what is requested because there now is a track record. If the street light utility were to continue, ~he rate could now be lowered. Mayor Linke stated that he has been opposed to sunsetting this utility since the very beginning. Linke stated that the Mounds View City Council Page Eleven ~egular Meeting September 13, 1993 sunset provision was put into the utility sa a discussion could take place. This utility has worked and has actually worked to well. It is now time to assess the rates. Naja Werner stated that there is a $50,000 surplus. If the rate isn't changed, the City will continue to build up a surplus in the fund and the Council can take this surplus amount of money in the fund and use it as they choose. Werner stated that projects could be completed such as expanding City Hall more. Werner stated that the taxpayers need to know that-the Council can do what they want with the surplus money even if the taxpayers would be opposed to what is being done. Mayor Linke stated that the rate setting of this utility would be part of the public hearing process for the budget. Ruth White, 2917 County Road I, stated that she is opposed to this utility. Ms. White stated that she doesn't share the same user fee philosophy as the Council likes. Ms. White states these user fees are taxes. Ms. White stated that when she thinks of a user fee she thinks of a fee that she pays, to use the park or the golf course. The needed amount of money should be put on property taxes. Ms. White stated that she doesn't think that the. Council should tell her what is best for her. Ms. White stated that she itemizes and gets money back on her taxes. Ms. White stated that the sunset lause was put on so that the utility would be more acceptable and compatible to the people. Ms. White stated that in the past the general fund was used for City street lights and it should come from that fund .again. Mayor Linke then asked Ms. White if the water and sewer should also come from the. general fund. Ruth White stated that she gets a bill for the water and sewer because she is using the water and sewer. Ms. White stated that she considers the utility fee a maintenance fee. Ms. White also asked if this street light fee was used for County roads. Mayor Linke responded that the County takes care of County roads and this utility is not used on those roads. Duane McCarty stated that the water and sewer charges are the funding mechanism which runs the water and sewer department and are billed separately and that can be monitored by the residents. Mayor Linke stated that the street light utility can also be monitored and it does appear on the same bill as the water and sewer. Duane McCarty stated that it appears on the billing in a-three letter code and that, in his opinion, 80 percent of the residents don't know what the code stands for. McCarty stated that he feels the residents think it is a ~alid charge for sewer and water operations. .McCarty stated that he had to call City hall to have the code deciphered. Mounds View City Council Page Twelve ~egular Meeting September 13, 1993 Mayor Linke closed the public hearing for the street light utility at 8:50 p.m. Councilmember Trude suggested that this ordinance be amended to adjust the rates to be just and reasonable. Councilmember Quick stated that the introduction of the ordinance could be approved at this meeting and amended at the next meeting upon the next vote. Bill Frits called for a Point of Order. Mr. Frits stated that the Council was .having a discussion with no motion on the floor. Mayor Linke stated that there are two processes that an ordinance receives. One of the processes is its introduction and the other process is its adoption and there has to be a 14 day span between the two actions. Bill Frits stated that during the public hearing the Mayor called the' residents to order. Orduno stated that there is nothing in the State laws that require an ordinance to have a first and second reading. The ordinance has an introduction and its adoption 14 days apart. More and more cities are ~oving towards these terms regarding ordinances. MOTION/SECOND: Quick/wuori to Approve the Introduction of Ordinance No. 528, Repeal of Sunset Provision of Street Light Utility and Waive the Reading of the Same VOTE: 4 ayes 1 nay Motion Carried COUNCIL BUSINESS A. MOTION/SECOND: Linke/Quick to Remove from the Table the Continuation of Action on Ordinance No. 529 Establishing a Surface Water Utility and Amending Mounds View Municipal Code by Adding Chapter 73 VOTE: 5 ayes 0 nays Motion Carried Samantha Orduno, City Administrator, reviewed Staff Report No. 93-617C Regarding Continuation of Action on Ordinance No. 529 Establishing a Surface Water Utility and Amending Mounds View Municipal Code by Adding Chapter 73. Orduno reported that at the August 23 Council Meeting, the. City Council tabled 'to the meeting of September 13 the continuation of action on Ordinance No. 529. In the interim time, staff was to examine an alternative rate structure which would lessen the burden of the utility charges to the City's business community. Rocky Keene, Short- Elliott-Hendrickson developed an alternative rate structure and presented it for Council review at the September 7 Work Session. Mounds View City Council ~egular Meeting Orduno reported that the original rate packet as Scenario 1. The alternative Scenario 2 which would raise the yearl; $.91. This rate structure would raise school property classifications. Page Thirteen September 13, 1993 structure is included in the rate structure is attached as Y residential household cost by the yearly costs for church and Orduno asked Rocky Keene and Mike Ulrich, Public Works Supervisor, to do a presentation on the projects listed in the surface water utility. This will include impacts on certain areas of the City and on the City as a whole. Staff does not have a recommendation on this ordinance. The options would be to adopt or not adopt the ordinance. The rate structure would be formally set by resolution. The Council is at the adoption stage and it would be a roll call vote. .Rocky Keene, hydrologist from SEH, the cities consulting engineers, gave a definition of the projects listed in the Local Water Management Plan. Keene reported that the Council, during the past five years, as a result of the Long Lake Road reconstruction, asked SEH to complete two studies to see what impacts certain drainage areas would have on the Long Lake Road project. One was the Ardan Avenue drainage district and the other is the Edgewood drainage district. Mr. Keene listed • those projects that were identified that would need to be constructed in association with Long Lake Road and those that were impacted by the Long Lake Road Project. Mr. Keene stated that SEH worked. with City staff when the plan was written to determine some projects that have to be done in addition to the others throughout the City. Most of these projects are maintenance projects such as storm sewer outlets, outlet modifications, and sedimentation ponds, and controlling the City's water quality. Keene reported that the final area that was looked at in the Plan was the feasibility studies. The purpose of these studies are related to wetland issues. .All the wetland issues have had a feasibility study connected to them. There are other projects including street sweeping, general maintenance of the storm .sewer system and general cleaning listed in the Plan. Ditch cleaning, catch basin repair and cleaning, street sweeping is an important water quality aspect which could also be funded by the Plan. Wetlands are another important issue and, therefore, sedimentation removal should be a part of the Plan. Mr. Keene gave a history of the City's storm sewer structure. Much of this system was built in the 1950's. A major portion of the storm sewer was constructed for sanitary sewer and not necessarily for storm water drainage. The total construction of future projects identified in the Plan will cost $1.2 million. The only projects to take place within the next five years are the feasibility studies. Mounds View City Council Page Fourteen ~egular Meeting September 13, 1993 Mayor Linke stated that the storm water plan that was proposed in 1978 and it was several millions of dollars, where this Plan looks at completing the wetlands and utilizing the wetlands to fill the needs that were identified. The Plan looks at these projects over a period of time. The Plan is a proactive plan for the future. Councilmember Trude read the 1978 Citizens' Task Force report and a lot of the currently proposed projects come from what citizens wanted in the '70s. Ditch. cleaning and pond cleaning have not been kept up due to lack of money. Trude stated her big concern was the projects and whether they are all justified. Rocky Keene stated that one of the major concerns was water quality or the removal of the sediment prior to discharging water out of the City. Councilmember Trude asked if the capital improvement projects are justified. Trude stated that ditch cleaning has not been-going on as there has not been enough staff. Mike Ulrich stated that in the last six years there has been no ditch cleaning. The Ardan Avenue ditch has two feet of sediment • in it. Trude stated that another issue that came up during talks with residents was that the residents in Silver View Park felt that they would not have any expenses relating to this Plan because their yards drain into the pond. Trude stated some of the drainage into the pond could cause a problem for the City as sediment from Silver View Pond will need to be cleaned out. Mike Ulrich stated there had been five or six sink holes due to faulty pipes or breaks and cracks in pipes because the ground level has been so dry. In 1992 streets were swept 300 hours. The streets need to be swept more than that. Only 60 hours of storm sewer work has been done. More cleaning needs to be done on the storm sewers. Councilmember Trude stated that some of these items wer-e recommended in 1978 and there are justifiable and reasonable projects in the Plan. The other issue is the financing of the Plan and where do the funds come from. Naja Werner said that one of the high priority projects in the Plan was on Sherwood Road. Ms. Werner has lived on Sherwood Road for 38 years and asked what has to be done. Ms. Werner stated that no one on the road has ever had a water problem. Rocky Keene stated that Ardan Avenue has been the study area of the city since the 1970's. A study was done by the citizens that looked at Mounds View City Council Page Fifteen. ~egular Meeting September 13, 1993 ponding water. If the City wants to size the storm sewer and street improvements to the recommended standards of today, a storm sewer system would have to be put in Sherwood Road. Ms. Werner stated that she knows there are problems on Knollwood Drive because that area is swampy. Rocky Keene stated that the water from Sherwood is adding to the problem on Ardan Avenue. The Sherwood system must be made an independent system which would help Ardan Avenue residents. Councilmember Blanchard asked Rocky Keene to differentiate between the soils of residential and commercial areas. Mr. Keene explained that the community of Mounds View is based on two different soil types -- sand and loam soil. A big portion of the sandy soil runs down Highway 10 and the business and industrial areas have less of a runoff than the loam soils. A lot of communities do not go through the exercise of weighting the runoff. Mayor Linke stated that Scenario ~i is based on those having the most runoff and Scenario #2 has the commercial and business properties as which having less runoff potential. • Roger Stigney asked if rather than redoing the sewer line, has there been some consideration of tying into that line. Mr. Keene stated that the best way was to run a parallel line to Ardan Avenue and it could be tied into any street improvement project. This is amore cost effective system. Most cities tend to improve the storm sewer at the time they feel they need a street improvement. The curb and gutter type system lasts longer. Long Lake Road would go in and if oversizing has to be done, Long. Lake Road would not have to be done in five or ten years. Roger Stigney asked if it were allocated for 1994 or 1995 to put that storm sewer in. Mayor Linke stated that this project is listed in the Long Term Financial Plan, but if there is a need elsewhere and not a need in this area, it will not be done at that time. Councilmember Trude stated that some cities are giving credits to those businesses who have planned for the runoff from their properties. Mr. Keene stated that the credit plan that is most successful is to have a review of individuals who wish to apply for a credit. The individual can work with City staff and come up with a recommendation to the Council as to why they should have a credit. There are many scenarios that could come up for credits. Individuals would have to come in and prove that they are not contributing to the system. Mounds View City Council .Page Sixteen ~egular Meeting September 13, 1993 Keene stated that the utility is based on volume of runoff. and, even though they may have a pond on site and reduced the rate of runoff, the same volume of water will runoff the property. Duane McCarty asked how many projects are non-compliant with the Metropolitan Surface Water Management Act. A discussion followed between Mayor Linke and Mr. McCarty with regard to how the projects became listed in the Plan. Mr. Keene stated that when the process was started there are three .approaches to consider when you do a plan -- meet the steps of the law, and do projects to improve the City or thirdly, do nothing. McCarty confirmed that none of the projects had to be ,taken on as a mandate regarding the Plan. McCarty stated that the best way to do the Plan is to do it through the process of the Home Rule Charter that gives the citizens the rights to petition for or against any project. McCarty stated he is willing to take the assessments if he wants the project. McCarty stated that if the public supports the project it will go. Roger Stigney stated that the City is rushing to hurry up and do something when. there is no need to do something promptly. The Plan is in place and the City has met the requirements by just having the Plan. Mr. Keene stated that the City is beyond the date for implementation of the Plan. Roger Stigney spoke about the funding in that it is a City-wide project and it should be given to the FOCUS 2000 program for review. Mr. Stigney pointed out that the July-August newsletter only offered a small notice regarding the Surface Water Management Utility public hearings. Mr. Stigney felt that more communication could have been added to this newsletter and it would have solicited more public input. Mr. Stigney stated that the Council should push off the utility until one of the Task Forces could look at it with regards to options for funding. Mayor Linke stated that special assessments and looking at the maintaining of the wetlands and sediment ponds is a benefit to the entire city. Special assessments do not benefit the entire city. Mr. Stigney stated that he paid for special assessments already and he wants a credit for paying for the storm sewer down his road for the last 14 years. Mayor Linke explained the credit process regarding the surface water utility. ~Iounds View City Council Regular Meeting Page Seventeen September 13, 1993 A discussion followed by Council and staff regarding the storm sewer system and the need for bigger storm drains. Mayor Linke stated that this Plan has been in the works for over five years. Mr. Stigney stated that the Task Force should look this Plan over and solicit information from the citizens. Stigney stated that if the storm sewer is so important cut back on the City Hall expansion. Naja Werner stated that when the storm sewer went in there was a frontage fee and an area assessment. Those with larger lots were affected the most. Some of the assessments to residents was $25,000. This fee was for both sanitary and storm sewer.. Trude stated that the Citizens Task Force report suggested that the runoff formula be used and that all she could see was a tremendous price tag for the people living in those areas. Naja Werner stated that because of all of the opposition to this Plan, the Home Rule Charter was developed. It took one year to write the • Charter and the main purpose for the Charter was that the citizens of Mounds View could have input. There had been other instances where the people were against issues and the Council approved the issues the residents did not want. Ms. Werner brought up the issue of the Anoka County Airport. Werner stated, that in her opinion, the reason for the Charter is so the residents can vote on these issues. McCarty stated that many of the recommendations of the Citizens Task Force could be used today. McCarty stated that this City not retrack hard work and hard fought for rights for the citizens and the utility fee does this. The utility fee will circumvent the assessment procedures and petition rights given to the citizens under the Charter. The Charter provides referendum options to come back and appeal this issue. McCarty stated that the Council should get the community involved in this funding process. Ruth White stated that. the Mayor has betrayed the people who had elected him. White stated that Mayor Linke had stated that he was against this utility. White stated that, in her opinion, he has lost his credibility because he was elected by the residents because he'was against the utility. White states that the residents support the church and the schools and the residents will be stuck twice. Mayor Linke stated that the utility fee is the best way in the long run because it is controlled 100 percent by the City. Linke stated to raise the same amount of money the taxes would have went up without raising any additional money. ounds View-City Council Page Eighteen ~egular Meeting September 13, 1993 Councilmember Trude is opposed to the utility and wants to keep the funding on the property tax. Trude stated she has a problem with making churches and schools pay. Trude stated if the projects are dispersed throughout the City equally, then it is up to the people to decide how it should be funded. Trude is opposed to the churches and schools reducing her rates. If the cost is to benefit the whole city it should go on the property taxes. Trude stated there is a great deal of antagonism towards the proposed new utility fee. Trude stated if the projects are important and critical, then the items should be put into the budget now as part of the upkeep of our streets. McCarty asked if the City were to go with the surface water utility charge how does the City propose to show benefit to the people. Jim Thomson,' City Attorney, stated that the theory behind the surface water management utility is that the City doesn't have to show benefit. McCarty stated that is what is wrong with it, you tax people without showing benefit. Jim Thomson stated that there is a general benefit to the City for implementing the utility. • Mayor Linke stated that the utility is a benefit to the City as a whole. Trude stated that it would be a 6 percent increase from last year's amount of tax to fund all of these projects. Trude suggested perhaps these projects should funded from a combination of sources. Ruth White asked how the whole city would benefit from the Ardan Avenue project which seems to be a conflict of interest with one of our Councilmembers. Mayor Linke stated that the Council is looking at the benefit to the community as a whole rather than a portion of it. MOTION/SECOND: Quick/Wuori to Adopt Ordinance No. 529, Scenario 2, Establishing a Surface Water Utility and Amending Mounds View Municipal Code by Adding Chapter 73 Trude noticed on that scenario the churches-pay a stiffer fee. Trude questioned if the businessmen have had an opportunity to express their viewpoints. Mayor Linke does not support Scenario #2, because he feels Scenario #1 is treats all properties as though all soils are the same. Mounds View City Council ~egular Meeting Page Nineteen September 13, 1993 MOTIONLSECOND: Linke/Quick to move a substitute motion with Scenario #1 rather than Scenario #2 Trude asked how the rates would be set. Orduno stated that this would be done by resolution. ROLL CALL VOTE• Mayor. Linke - Councilmember Councilmember Councilmember Councilmember yes Blanchard - No Quick - Yes Trude - No Wuori - Yes Motion Carried 3 ayes 2 nays B. Tim Cruikshank, Assistant to the City Administrator, stated that the. next step is to approve the floor plans as discussed at the September 7 Work Session. Milt Powell, Boonestroo and Associates presented the final floor plans and the specifications for the project. Cruikshank stated that approval of this information would mean authorization for . Bonestroo and Associates to advertise for bids from general construction contractors to begin the construction phase of the project. Cruikshank stated that it is anticipated that the bids could be received by October 8 and brought to the Council at the October 11 Regular Meeting. Cruikshank further stated that if the bid were to be awarded at the October 11 meeting, construction could begin October 18. A discussion among staff and Council occurred with regard to inputs from each department regarding the expansion. Orduno stated that it is a very cost effective plan. Linke stated that there are more meeting rooms now. Orduno stated that she no longer has to move from her office because of lack of space for meetings. Orduno explained that the Council Chambers is used a lot and that people no longer have to meet in the lunch room or kitchen downstairs. Mayor Linke spoke to Tim Cruikshank about getting speakers in the back of the Chambers. Don Brager, Finance Director-Treasurer, stated that there had been a proposal to update the video equipment in the Council Chambers. The City is looking at having a document camera and from the document camera the image would go to the cable audience and to the monitors in the room. Part of the proposal was to put a public address system into the Councilroom and out into the foyer. This is an item which is a combination of budget from the 1993 budget and a grant from the cable . commission. This may become a reality yet this year for the Councilroom. ~ounds View City Council egular Meeting Page Twenty September 13, 1993 MOTION[SECOND: Blanchard/Wuori to Approve the Contract Documents for Proposed City Hall Expansion and to Authorize the Bidding Process VOTE: 5 ayes 0 nays Motion Carried C. Don Brager, Finance Director-Treasurer, reported that Resolution 4418 certifies to Ramsey County the City's Property Tax Levy and sets the City's public hearing on the 1994 Budget for Wednesday, December 8, 1993 at 7:00 p.m. Don Brager gave a presentation on process for the 1994 Budget. Dan Brager fielded questions from the Council regarding the State aids and decrease in values from commercial/industrial properties. Bill Frits, 8072 Long Lake Road, stated that looking at 30.9 percent increase in taxes is totally absurd. Mayor Linke stated that the numbers that go to the residents from the . County in November are bogus as the City's budget process is not complete at that time. MOTION) SECOND: Quick/Blanchard to Adopt Resolution No. 4418 Certifying the 1994 Proposed Property Tax Levies and Setting the Date for a Public Hearing on the Same Pursuant to Truth in Taxation Legislation Bill Frits asked what would happen if the City would not adopt the resolution. Orduno stated that the City would loose part of its December's state aid. Orduno stated that Mr. Frits is not the first person to ask that question. VOTE: 5 ayes 0 nays Motion Carried Mayor-Linke adjourned the September 13, 1993 Council Meeting to an Executive Session of the City Council at 11:10 p.m. The Council will return following the Executive Session. Mayor Linke reconvened the September 13, 1993 Council Meeting at 11:24 p.m. Mayor Linke reported that in Executive Session the Council discussed with the Administrator and Attorney a possible settlement against the City of Mounds View. Staff was directed to pursue the settlement and also to find the funding in an amount not to exceed $5,000. • ounds View City Council egular Meeting REPORTS 1. .Report of Councilmembers: Councilmember Blanchard - No report. Councilmember Wuori - No report. Councilmember Ouick - No report. Page Twenty-One September 13, 1993 Councilmember Trude- Thanked City Staff for the warm welcome and extra time spent answering questions. Trude encouraged all residents to bring any questions to the Council or staff as they were very helpful. 2. Report of Mayor: Mayor Linke a. In the packet there was a note about a possible joint meeting- with the Spring Lake Park Council to discuss two items. • These items are the signal light at Highway 10 and Pleasantview and a possible development behind the lots on Pleasantview Also, the possible renaming of Lakeside Park will be addressed. Mayor Linke added an item to that agenda which was the Fire Training Facility. This meeting will take place at 5:30 p.m. at Spring Lake Park City Hall. Bill Frits asked if something is being done with the well house on Wood Lake. Orduno stated the~City will. check into this. Frits stated this is a well put in jointly by the old town of Mounds View and Spring Lake Park. Frits stated it was Ramsey County. b. Last week Mayor Linke was on vacation.- Went to Branson and felt really refreshed. 3. Report of Administrator a. Orduno will inform Council of funeral arrangements and can discuss the closing of City Hall. This has been very difficult for staff and strongly urged the .Council to close City Hall on the day of the funeral. Mayor Linke had concerns about those who could not attend because they don't feel up to attending the funeral. Orduno explained Dick was not just a coworker but was a friend to many of the people. Some staff will not be emotionally able to return to work. ounds View City Council ~egular Meeting 4. Report of Staff:. Page Twenty-Two September 13, 1993 Paul Harrington reported-that on Wednesday evening, Peg Mountin will be attending her last Planning Commission meeting. Ms. Mountin has resigned her position. The Planning Commission will come forward with a recommendation for Chair to the City Council at the first meeting in October. The Vice Chair, Jerry Peterson, will-take Ms. Mountin's place until a new Chair is appointed. Tim Cruikshank reported that the first of the FOCUS 2000 meetings will begin on Wednesday with a Chair and. Co-Chair Meetings beginning at 5:30 and the remainder of the groups beginning at 7:00. 5. Report of Attorney: Jim Thomson reported. on two cases -- one regarding regulation of nude dancing in liquor establishments (Coates case) and the other an open meeting law case. The situation was that • three members of a Council were attending a Planning Commission meeting and went next door to further discuss an issue. This was in violation of the Open Meeting Law. Jim Thomson stated that the next step in the case is the attorney's fees. ADJOURNMENT There being no further business before this Council, Mayor Linke adjourned the meeting at 11:35 p.m. Respectful. ply ~ u emitted, Mic le Severson Recording Secretary •