City Council

MAHTOMEDI CITY COUNCIL MINUTES DECEMBER 1, 2015 Mayor Jud Marshall convened the regular City Council meeting at 7:00 p.m. with Council members Timothy Deans, Joel Schilling, Richard Brainerd and Lael Ramaley in attendance. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Engineer Chris LaBounty, City Planner Erin Perdu, Public Works Director Bruce Thielen, Finance Director Scott Schaefer and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Brainerd moved and Council member Ramaley seconded the motion to approve the agenda as presented. The motion was unanimously approved. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES Council member Schilling moved and Council member Ramaley seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS-None 5. DISCUSSION FROM THE AUDIENCE There was no discussion from the audience. 6. CONSENT AGENDA Council member Ramaley moved and Council member Schilling seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL- Hiring of Public Works Maintenance Operator. City management recommended the hiring of Natalie Fleischhacker for a full-time Public Works Maintenance Operator position. Ms. Fleischhacker has been working as a Maintenance Worker II for the City of Columbia Heights for the last 3 years. Prior to that Natalie was a seasonal worker for Columbia Heights Public Works for 6 seasons. Ms Fleischhacker will serve a six-month probationary period and be compensated in accordance with Step 1 for the Maintenance Operator position in the collective bargaining agreement with Local 49. The hiring is contingent upon successful completion of driver’s license check, drug test, criminal background check, and physical exam. CITY COUNCIL MEETING MINUTES -2- MEETING DATE: December 1, 2015 6. CONSENT AGENDA-Continued. b. APPROVAL- Acknowledge Completion of Probationary Period for Public Works Maintenance Operator Tom Schwichtenberg. Tom Schwichtenberg’s six month probationary anniversary is December 12, 2015. Public Works Director Thielen recommended the City Council acknowledge the completion of the probationary period and adjust his compensation. c. APPROVAL-Agreement with The Hitching Company to provide Hay Wagon Rides for the Winter Skating Party on January 10, 2016. An agreement with The Hitching Company to provide hay wagon rides for the Winter Skating Party on January 10, 2016 and an Indemnification Agreement Between the City of Mahtomedi and The Hitching Company was approved. d. APPROVAL-Resolution committing General Fund Balance for funding of incomplete construction projects. The resolution committing General Fund balance for incomplete construction projects was approved. These projects consist of interim construction fund projects that remain open. e. APPROVAL-Resolution committing General Fund Balance for funds above the level approved in the Fund Balance Policy for Street Improvements. The resolution committing General Fund Balance for funds above the level approved in the Fund Balance Policy for Street Improvements was approved. The Fund Balance Policy established a maximum fund balance percentage of 65% of unassigned funds in the General Fund. The funds to be committed will be amounts that exceed the 65% maximum. The amount will be determined by the annual audit. The funds will be committed at this time for fiscal year ending 12/31/2015, with a corresponding transfer resolution sometime in 2016 to the Street Improvement Fund with Council approval. f. APPROVAL-Construction Pay Voucher No. 11 and FINAL for 2012 Phase 2 – 2012 Street Improvements in the amount of $35,265.98 for Dresel Contracting, Inc Construction Pay Voucher No. 11 and Final in the amount of $35,265.98 for Dresel Contracting, Inc. for Phase 2 – 2012 Street Improvement Project was approved. CITY COUNCIL MEETING MINUTES -3- MEETING DATE: December 1, 2015 6. CONSENT AGENDA-Continued. g. APPROVAL – Disposition of Fire Department Surplus Item. The Fire Department received City Council approval for the disposition of the Ford E- 450 Chasis from Ambulance 851. Staff will sell the item through the State of Minnesota, MNbid on-line auction process. 7. PUBLIC HEARINGS 7a. 2016 City Budget Hearing – Receive 2016 Budget Presentation. CONSIDER APPROVAL – 2016 Annual City Budget and Resolution Approving Proposed Tax Levy for 2016 and Cancellation of Debt Levy in the amount of $1,019,791 for taxes payable in 2016. City Administrator Scott Neilson said the annual City budget hearing process requires that the budget be considered at a public hearing. The City Council certified a proposed City property tax levy to Washington County on September 1, 2015. Finance Director Scott Schaefer said the proposed General Fund Budget is $5,168,299. This total includes the debt service transfer of $1,019,791. This results in a City levy of $3,857,266 - $274,304 (fiscal disparities) = $3,582,962. Using the local levy amount divided by the City’s local taxable value of $10,260,866 results in a City local tax rate of 34.919%. In 2016, the City’s share of taxes on a home valued at $250,000 will be $821.64. This assumes that the home had a market value of $228,500 for 2015 and a 9.4% increase in market value for 2016. This results in a $16.33 increase or 2.0%. In addition to the General Fund, the City also considers annual budgets for its Utility Funds, Park Fund and Equipment Replacement Fund. The proposed budgets are: Water Fund (6.15% increase) $1,111,646 Sewer Fund (7.10% increase) $1,134,057 Storm Water (13.19% decrease) $ 277,117 Equipment and Building Replacement $ 120,000 Park Fund $ 575,000 Utility rates will be increased in 2016 in the Water, Sewer and Storm Water Funds. These increases are needed to support necessary capital improvements and repairs required to the systems. The revenue increases are: CITY COUNCIL MEETING MINUTES -4- DECEMBER 1, 2015 7a. Continued. Water 4 – Tier Base 2% Sewer 9% Storm Water 10% Mayor Marshall opened the public hearing at 7:25 p.m. Ken Lohr said his taxes and value have gone down and asked how long they will keep going down. Finance Director Schaefer said he will research his questions and get back to him. A resident that lives on Tamarack Street said she is not happy with her tax increase. Bill Bedell, 88 Mahtomedi Avenue, said his taxes went down, but feels they are still too high and asked what benefits he is getting for his taxes. He also asked what the new Piccadilly building will do to the valuations in the downtown area. A resident said her taxes keep going up and the City should look at their spending. Mayor Marshall closed the public hearing at 7:38 p.m. Council member Ramaley moved and Council member Brainerd seconded the motion to approve Resolution No. 2015-48 Approval of Final Tax Levy for 2016 and Cancellation of Debt Levy in the Amount of $1,019,791 for 2016. The motion was approved Council member Brainerd moved and Council member Deans seconded the motion to approve Resolution No. 2015- 49 Approval of the Proposed 2016 Annual Budget. The motion was approved. 7. PUBLIC HEARINGS 7b. CONSIDER APPROVAL – Ordinance Adopting an Annual Fee Schedule Pursuant to Minnesota Statutes, Section 462.353, Subd. 4A. Finance Director Schaefer said the proposed changes for the 2016 Fee Schedule are as follows: • Ambulance transport rates were increased. • Increase in City Equipment Rental Rates. • Increase in the Utility Rates and included in the 2016 Utility Fund Budgets. • Water Meter and Accessory prices were updated for 2016. • Addition of a Certification fee for delinquent utility and diseased trees. CITY COUNCIL MEETING MINUTES -5- DECEMBER 1, 2015 7a. Continued. Mayor Marshall opened the public hearing at 7:50 p.m. There was no public comment and the public hearing was closed. Council member Brainerd moved and Council member Deans seconded the motion to approve Ordinance No. 2015-04 Adopting the Annual Fee Schedule. The motion was approved. 8. STAFF REPORTS 8a. CONSIDER APPROVAL – Interim Ordinance for the Establishment of Temporary Sexual Offender Residency Regulations to Allow for the Study, Adoption or Amendment of Official Controls Related to the City’s Zoning Code. City Administrator Neilson said the City of Mahtomedi currently does not have any sexual offender residency regulations. The most common sexual offender regulations have prohibitions of residencies within certain distances of places and areas where children are known to congregate. The City Attorney will present to the City Council an Interim Ordinance establishing temporary sexual offender regulations to allow the City of Mahtomedi to have some regulations and protections in effect for the health, safety and welfare of its citizens during the City’s study and planning activities related to the possible enactment of permanent sexual offender residency regulations. City Attorney Karlovich said on Monday, November 23, 2015, City staff and the City Council received correspondence and documentation from Mr. Douglas S. Wolgamot, Esq., urging the City of Mahtomedi to enact an interim ordinance to temporarily regulate the residency of Level III predatory offenders while the City staff and Planning Commission study and consider permanent predatory offender residency regulations that would require a public hearing notice, a public hearing before the Planning Commission, and a City Council approved amendment to the City’s Zoning Code. Minn. Stat. § 243.052 defines a “predatory offender” as a person who is required to register as a predatory offender pursuant to Minn. Stat. § 243.166. Recently, the City of Birchwood received notice pursuant to Minn. Stat. § 243.166 that a Level III predatory offender would be establishing a residency within the city limits, and the City of Birchwood did not have any residency regulations applicable to Level III predatory offenders. Similarly, the City of Mahtomedi currently does not have any residency regulations applicable to Level III predatory offenders. A draft Interim Ordinance for the Establishment of Temporary Predatory Offender Residency Regulations to Allow for the Study, Adoption, or Amendment of Official Controls Related to the City’s Zoning Code was provided for review and discussion. CITY COUNCIL MEETING MINUTES -6- DECEMBER 1, 2015 8a. Continued. City Attorney Karlovich said most of the existing municipal predatory offender residency regulations set-up zoning distance prohibitions that a city may enact to regulate the location of a liquor store, a pawnshop, or an adult use establishment. These existing municipal predatory offender residency ordinances seem to establish 1,000 to 2,000 foot residency distance prohibitions from schools, day care centers, churches (with youth educational programming), public parks and other locations where children commonly congregate. These the municipal predatory offender residency ordinances also appear to rely upon a city’s general statutory powers and authority (pursuant to Minn. Stat. § 412.221) to protect the health, safety and welfare of its citizens, and these ordinances also appear to rely on various other authority like a city’s authority to guide and zone properties, residences and uses (pursuant to Minnesota Statutes, Chapter 462). It is believed, however, that most Minnesota cities are either not aware of these municipal attempts to regulate the residency of Level III predatory offenders, or most Minnesota cities have decided to avoid the risk of litigation related to the questionable legality of these ordinances. City Attorney Karlovich outlined some potential issues with adopting the ordinance: 1. Possible Preemption Due to Existing State Legislative Delegation of Authority to State Agencies: Minnesota Statutes, Chapters 243 and 244 appear to delegate substantial authority to State agencies (like the State of Minnesota Bureau of Criminal Apprehension and the State Department of Corrections) for supervising and registering predatory offenders as well as facilitating post-incarceration residency locations of predatory offenders. A court may determine that a city lacks the express authority to regulate the residence locations of predatory offenders and/or a court may determine that the city’s regulations are preempted by the State Legislatures’ delegation of authority to State agencies. 2. Immediate Family Member Residence Exceptions: Some of the existing Minnesota city ordinances regulating the location of Level III predatory offenders have “immediate family member residence exceptions” and others do not. For example, some of the existing nine (9) Minnesota city ordinances listed above have an exception such as: A designated predatory offender residing within a prohibited area as described in this ordinance does not commit a violation of this ordinance if the residence is the primary residence of the designated predatory offender’s parents, grandparents, siblings, or spouse. A court reviewing a municipal law that arguably infringes upon the constitutional liberty interests related to matters of marriage and family will be given heighted scrutiny by the reviewing court which means there is more of a likelihood that the ordinance may be CITY COUNCIL MEETING MINUTES -7- DECEMBER 1, 2015 8a. Continued. struck-down by the court as illegally restricting the joint residency of married couples or other immediate family members. The attached draft Interim Ordinance for the Establishment of Temporary Predatory Offender Residency Regulations to Allow for the Study, Adoption, or Amendment of Official Controls Related to the City’s Zoning Code does not include an “immediate family member residence exception.” 3. Overly Broad Distance Regulations: The attached draft Interim Ordinance for the Establishment of Temporary Predatory Offender Residency Regulations to Allow for the Study, Adoption, or Amendment of Official Controls Related to the City’s Zoning Code includes the following distance regulations: It shall be unlawful for any designated predatory offender to establish a permanent or temporary residence within 2,000 feet of any school, licensed child-care facility, religious facility, or public park. For purposes of determining the minimum distance separation required by this Section, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence of the designated predatory offender to the nearest outer property line of the protected. If the above distance regulations effectively prevent predatory offenders from living substantially anywhere within the City of Mahtomedi, the regulation may be struck-down by the court as an illegally zoning prohibition, or otherwise preempted by State law or unconstitutional as applied. Council member Brainerd asked how long the interim ordinance would be in effect. Attorney Karlovich said for up to one year. He also asked if the council wants the family exception in the interim ordinance because the one he drafted does not have it included. There was considerable discussion regarding the family exception designation portion of the ordinance. There was consensus to adopt the interim ordinance as presented by the City Attorney. The City Attorney and staff were thanked for their quick work on getting this ordinance completed. Council member Schilling moved and Council member Brainerd seconded the motion to approved Ordinance No. 2015-05 Approving an Interim Ordinance for the Establishment of Temporary Predatory Offender Residency Regulations. The motion was approved. CITY COUNCIL MEETING MINUTES -8- DECEMBER 1, 2015 8b. CONSIDER APPROVAL–Request from Sarah Danforth for a minor subdivision in order to divide property at 84 Neptune Street into two lots City Planner Perdu said the minor subdivision request from Sarah Danforth, 84 Neptune Street, was heard at the Planning Commission meeting on November 10, 2015 and by City Council on November 17, 2015. The Planning Commission unanimously recommended approval of the minor subdivision. The City Council tabled the request until the December 1, 2015 regular meeting so that City staff would have an opportunity to discuss easement arrangements with the applicant. More specifically, the Council instructed staff to investigate pedestrian connectivity in and around Neptune Street, and if additional Right-of-Way should be acquired along the west side of Mahtomedi Avenue in conjunction with this subdivision application. Staff met with the applicant on November 23, 2015 to review the easements indicated in the staff report and discuss possible trail easements through her property. The applicant indicated that she was not interested in donating a trail easement on the property in exchange for the City waiving the $3,000.00 park dedication fee. The City is currently coordinating with MnDOT on the extension of the streetcar trail between Maple Street and Quail Street. This coordination effort includes crosswalks connections from the streetcar trail to the area west of Mahtomedi Avenue, which should improve walkability in this area. There also appears to be adequate width west of Mahtomedi Avenue to permit the construction of a future sidewalk connection between Maple Street and Neptune Street without acquiring additional Right-of-Way from the applicant with this land use application. Council member Brainerd moved and Council member Deans seconded the motion to approve Resolution No. 2015-43 Request for a Minor Subdivision for property located at 84 Neptune Street. The motion was approved. 8c. CONSIDER APPROVAL-Bill List Council member Ramaley moved and Council member Deans seconded the motion to approve the bills as presented. The motion was unanimously approved. 9. REPORT FROM THE CITY ADMINISTRATOR There was no report from the City Administrator. CITY COUNCIL MEETING MINUTES -9- DECEMBER 1, 2015 10. COMMENTS FROM THE CITY COUNCIL Council member Schilling said there is a kick-off fund raising event for the Friends of White Bear Lake on December 9th that he will attend. He said the Senate Capital Investment Committee toured White Bear Lake. He also said he attended the Metro Cities meeting. Council member Brainerd said he had attended the Metro Cities meeting too. He asked if there was any new details on the White Bear Lake Conservation District becoming the fiscal agent for the bonding money if the legislature approves augmentation of White Bear Lake. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Ramaley moved and Mayor Marshall seconded the motion to adjourn the meeting at 8:48 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR