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2016-11-01 CC Meeting MinutesMOUND CITY COUNCIL MINUTES NOVEMBER 1, 2016 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, November 1, 2016, at 6:30 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Wegscheid; Council Members Kelli Gillispie, Ray Salazar, and Jennifer Peterson Members absent: Council Member Heidi Gesch Others present: City Manager/Public Works Director Eric Hoversten, Community Development Director Sarah Smith, Public Works Superintendent Ray Hanson, Liquor Store Manager John Colotti, Fire Chief Greg Pederson, Finance Director/Clerk/Treasurer Catherine Pausche, Building Official Scott Qualle, Field Officer Stewart Simon, Quinn Pausche, Johanna Baden 1. Open meeting Mayor Wegscheid called the meeting to order at 6:30 p.m. 2. Approve the agenda Motion by Salazar, seconded by Peterson to approve the agenda. All voted in favor. Motion carried. Council Member Gillispie arrived at 6:39 pm. 3. Review and Discussion of Suggested Changes to the City Code and Miscellaneous Policies A. Chapter 30 -Burn Permits Fire Chief Pederson said some changes are housekeeping in nature to update the City Code based on changes in the 2012 International Fire Code and 2015 Minnesota State Fire Code. In addition, Pederson said he is the fire warden appointed by the Department of Natural Resources to issue open burn permits. Pederson recommends limiting open burn permits to some exceptions which would result in residents only being allowed to have recreational fires. Pederson said demand in the past has been low and Spring Park and Minnetonka Beach also do not allow open burn permits because of problems that can result. The Council members present agreed with the proposed changes. B. Chapter 42, Nuisances as it relates to public nuisances affecting health, peace, and safety Community Development Director Sarah Smith said the information in the packet reflects the feedback received at the July workshop and the proposed language is an attempt to make the information more user friendly and fill in gaps where they existed, including the enforcement process and cost recovery mechanisms. Efforts were also made to distinguish between nuisances and life safety issues that would require immediate abatement. Mound City Council Minutes —November 1, 2016 Workshop Mayor Wegscheid requested that a policy accompany the new language that requires the City Manager to notify the City Council members anytime a Right of Entry is executed. Building Official Scott Qualle noted that the language was taken from the building code and that if the resident refuses entry, a search warrant would be needed. Salazar asked if the language in Section 3 (1-3) refers to public sidewalks only and Hoversten suggested adding clarifying language that says "not in the right of way." Qualle said the intent is to improve vision for drivers. On section 5, it was suggested to move "any wire which is strung less than 15 feet above the surface of the ground" to the beginning of the section to avoid confusion. Field Officer Stewart Simon highlighted some other changes and Mayor Wegscheid said No.2 on page 14 first paragraph should include "regardless of cost." The Council members present agreed with the proposed changes as amended. C. Chapter 129, Zoning as it relates to definitions and exterior storage Stewart Simon said staff wishes to expand on the definitions of exterior storage in order to create classifications by type and make the language consistent with the terms used in the proposed language changes to Chapter 42 Nuisances. Simon said staff recommends repealing and replacing sections 129 - 314, with the new language specifically not allowing living in a trailer on the property. Discussion ensued on the reasons for the stated setbacks and it was noted improved driveways are allowed a 1 foot setback. In addition, discussion ensued on whether putting a 24 month limit on inoperable vehicles invites procrastination and abuse and what other options are available to show progress and commitment to completing the vehicle restoration. Staff noted the challenge is similar to showing proof of progress on building permits. It was agreed that Staff would revisit the language and that the reference to 24 months would definitely be omitted. Simon said(d)2 language was added similar to the fence ordinance language with regard to blocking views. Wegscheid noted that in subsection (e) he is concerned with all of the lawn maintenance businesses in town and the language needs to be more specific and allow for short-term storage vs. permanent storage. Simon said this was in response to asphalt paver equipment that creates odors. Wegscheid asked if that is more of a nuisance issue. Discussion ensued about what constitutes heavy equipment, particularly when it can be on the same trailer smaller equipment can be stored on. Simon suggested removing "bucket loader" from the definition and use skid loader instead. Staff was directed to revisit that language. Discussion on recyclable materials ensued and Staff said it meant for extreme cases of hording. Mound City Council Minutes —November 1, 2016 Workshop Discussion ensued about subsection (g) Exterior storage of firewood that requires it be stored in an orderly fashion. Mayor Wegscheid questioned if the minimum inches off the ground needs to be specified and Smith said the issues is to prevent pests. It was agreed to change the language from 8" to 3.5" which is the equivalent of a 2 x 4. Wegscheid also questioned the setback and Staff said the intent was to prevent encroachment so the shed set -back was used. It was agreed to add "unless separated by a fence, then no closer than one foot" Also, a maximum height of 6 feet should be added, similar to the fence limit. Smith noted that changes to the zoning ordinance requires Planning Commission review and a public hearing at the City Council. D. Chapter 2 - Administration - Fines Hoversten said Staff has decided not to pursue the administrative fines option as it is unclear whether or not cities have statutory authority and use of administrative fines may expose the city to lawsuits. E. Chapter 14 -Animals as it relates to chickens Smith noted that there was extensive analysis done in 2013-2014 to evaluate allowing chickens, bees, and alpacas that including looking at what other cities were doing and the LMC model. A wide range of approaches to "sustainability" have been undertaken by cities, including licensing, classes, setting limits on numbers of animals, mix of sexes, allowing only eggs and not reproduction, etc. Smith noted that a map showing Mound parcels by size of lot has been created since the last discussion and that only 10% of parcels had over 20,000 square feet, leaving the majority small lots with narrow set -backs. Smith said the amount of lakeshore with larger set -backs and the fact that people tend to build to the maximum allowed hardcover adds to the complexity and reduces the areas available for chickens. Smith said Mound is 90% developed with no properties zoned for agriculture. Field Officer Stewart Simon also noted that in 2015 there was the Bird Flu epidemic and Hennepin County Emergency Management wanted counts of backyard flocks. In addition, Simon said there was a complaint of errant chickens on the island and he discovered 11 chickens and a coop right on the property line so there are cases where tensions can increase among neighbors. Salazar asked if chickens draw predatory animals and Staff confirmed we already deal with coyotes. Peterson said she appreciated the discussion but that she understood the obstacles and hopes that Gale Woods will create an option for families to have the experience. Wegscheid said he knows there are people who are passionate about it, but that most people he talks do don't support it. The Council members present agreed that no additional analysis was necessary. Mound City Council Minutes —November 1, 2016 Workshop F. Chapter 18 - Cemeteries Pausche said Chapter 18 was cleaned up last year, but that clarifying language is still needed when it comes to marker sizes and inscriptions. Pausche said the language is similar to Our Lady of the Lake's procedures and Public Works signed off on it. The Council members present agreed with the proposed changes. G. FIN OXX - Public Gathering Permit Fees Pausche gave background on previous discussion and analysis related to public gathering permits and fees and said that things seem to have been working well now that reduced or waived fees are approved by Council resolution. Pausche said each event is unique and that it would be extremely difficult to develop an al -a -cart menu with associated costs for additional services. Therefore, Pausche said staff suggests creating two categories of fees based on the location of the event, with the larger, more popular sites having a fee of $300 and the smaller, neighborhood parks having a fee of $50 with a limit on the maximum number of participants. In addition, Pausche suggested increasing the number of participants requiring a public gathering permit from 15 to 25 and not permitting public gatherings on commons, just in parks. Pausche said Staff will continue to refine the Special Event Checklist that also covers events on private lands. The Council members present agreed with the proposed changes. H. FIN OXX - Liquor Store Donations Policy Liquor Store Manager John Colotti said that in the past, he has primarily given in-store promotional items from distributors when asked to make donations to silent auctions and fundraisers, with the exception of the Rotary where he allowed them to purchase gift cards at a discount. Minnesota Statute limits a cities ability to give away public funds and requires a contract for services to be in place that defines the public benefit. In addition, the Council passes a resolution to accept all monetary and in-kind donations each year, of which the in-store donations have not been included. Pausche said advertising activities are permitted, but must not be used as a method to disguise a donation. Hoversten said the challenge includes the implied endorsement if resources are given and the struggle to fairly distribute them among the many organizations and initiatives in the area. The Spirit of the Lakes "sponsorship" was discussed but it was noted that there is a contract for services in place and no product is donated. Colotti said the major contribution is Staff's time commitment to manage the beer garden and tastings. Pausche said the festival is the exception because many city services are being donated and it is clearly spelled out in the contract. Mound City Council Minutes —November 1, 2016 Workshop Gillespie said she feels sponsorships should be permitted. Wegscheid said he agreed with Hoversten that it is difficult to determine which groups should be supported but there definitely has to be obvious community benefit. The Council Members agreed that promotional items were acceptable to re -gift. Qualle suggested using the promotional items for just in-store promotions and basically not giving anything away. Wegscheid noted the City is in a retail business and has to compete with the private sector within the limits of the law. Discussion continued on sponsorships and what is technically advertising. Mayor Wegscheid said print advertising should be considered advertising. Pausche suggested requiring it to be available to a large, local audience. It was agreed that the Liquor Store Manager should receive all requests in writing and use his judgment to determine which advertising opportunities give the most bang for the buck, print or otherwise. Re -gifted promotional items should be used for local organizations and the liquor store is under no obligation to provide. It was agreed that private fundraisers should not be eligible and in no case should product that can be sold or gift certificates be given in order to comply with statute. FIN OXX - Official Website Policies Pausche said the city often receives requests to put links on the city's website and Staff recommends limiting links to local public utility providers or non-profit entities with a physical presence in the area who provide services to area residents. Hoversten noted the Facebook page for Mound is not endorsed or managed by the city but is managed by a Parks Commissioner. Pausche noted staff is working on updating the content of the website. The Council members present agreed with the proposed changes. J. FIN OXX -Utility Billing for non -homestead properties Pausche gave background on the issues related to rental property utility bills and recommended that the primary account holder be the property owner with the option to send a copy to the renter. Pausche said the benefits include more accountability and concern about usage and payments since property owners are ultimately responsible anyway. Pausche said staff will work with owners on how to allocate quarterly bills if there is a change in renters. Pausche recommended changing the move -in fee from $10 to $50 as there is administrative time spent to create the final read/bill and special assessment search. Pausche said it may be mandated on a go -forward basis and then clean up of existing accounts. Staff will be sure to provide education and best practices. The Council members present agreed with the proposed changes. Mound City Council Minutes —November 1, 2016 Workshop 4. 2017 CIP update and utility rate projections, fee schedule A. CIP and utility rates Pausche noted that the CIP and 2017 rate increases were included in the preliminary budget and that this exercise was an attempt to estimate rates for 2018 - 2021 based on the updated CIP from the engineers. Pausche emphasized that bond issues will begin to mature and that she expects 2017 to be the last year for street improvement G.O. bonds which should give the City some flexibility in managing levy and utility rate increases. Pausche estimated minimum rate increases of 6% for water and sewer and 2% for storm water, assuming reasonable inflation, expenditures on equipment, and level Met Council Wastewater Treatment charges. Hoversten said Met Council projects 5 - 6% increases and the city is adding meters at critical lift stations in order to be able to measure inflow and infiltration and flows from neighboring cities. Pausche clarified this was provided as informational purposes and that the Council is not approving the CIP or proposed rate increases for 2018 - 2021. B. 2017 Fee Schedule 1. Contract for building inspections Pausche said the fee schedule will be approved with the final budget and a draft of changes have been included with the packet. Pausche said she will be adding fees for the new types of liquor licenses. Pausche said staff reviewed a request for an increase in the share of building inspection fees from MNSpect and noted that the percentage share and permit fees have not changed since we contracted with MNSpect in 2005. Hoversten said he does not feel 50/50 is representative of actual time as MNSpect has more responsibility in plan reviews. In addition, Hoversten said MNSpect is rolling out a permit tracking system that should provide additional relief for City staff and noted that the permit fees for the residents and contractors are not changing. Mayor Wegscheid said that since MNSpect is moving to the permit tracking software he is no longer proposing to move electrical permits back to the state. Wegscheid said since staff is proposing to review permit fees down the road, he does not think we should change the percentage before that review is complete. In addition, Wegscheid said he felt the software should be provided and it should not be for the City to fund. Peterson asked for Pausche's opinion. Pausche said she is not involved in the permitting process and she relied on Hoversten and Smith's input as to what is an accurate percentage split of fees. Pausche noted that the other professional service contracts have had inflationary adjustments and that MNSpect assumed all of the risk for lower permit volumes during the recession. Pausche said she feels these factors outweigh the investments in technology and change in the percentage split is justified. Pausche said she does not think the current permit fees will change and noted MNSpect agreed to change maintenance permits to a flat fee from Mound City Council Minutes —November 1, 2016 Workshop valuation based, which was a voluntary loss in revenue. Qualle also noted the valuations are tiered, so inflation has less of an impact because the majority of the permit fees are obtained in the lower tiers. Wegscheid said he would like to keep the contract as is for 2017 since the City had the option to sign a three year agreement last year and elected to make it a one year. Wegscheid said the Council can review the technology improvements in both saved staff time and customer experience and evaluate the percentage split for 2018 and beyond. It was agreed the market study on permit fees is not necessary at this time. Qualle said he would not recommend increasing fees either. Smith thanked MNSpect for the quick, expedient service, particularly when additional effort is needed and said the City benefits from MNSpects ability to bring in additional resources versus the City having a single building official. C. Review of 2017 Preliminary Budget Pausche said the preliminary budget packet issued in August contained information on the proposed 2017 utility rate increases of 8.5% for water and 9.5% for sewer and all others remaining the same. In addition, the General Fund Levy was certified at a 3% decrease with an overall levy increase of 0.54%. Pausche said a few changes are anticipated for the final budget, none of which would impact the recommendations for revenue increases. Pausche did note that the union contract expires this year and negotiations will begin in December. Pausche noted the City is moving to the small employer health insurance market for 2017. Pausche said schedules will be included summarizing equipment replacement plans, conferences and training, and contract information. 5. Adiourn MOTION by Gillispie, seconded by Salazar, to adjourn at 9:43 p.m. All voted in favor. Motion carried. Mayor Mark Wegscheid Attest: Catherine Pausche, Clerk