CITY COUNCIL SPECIAL MEETING AGENDA July 21, 2014 5:30pm ...
CITY COUNCIL SPECIAL MEETING AGENDA July 21, 2014 5:30pm 1) Call to Order Hunt called the meeting to order at 5:30pm. In attendance: Mayor Anne Hunt, Council members Mark Vanderlinde, Arlene Donahue, Bob Christians and Tyler Abens, Interim City Administrator Mike Barone, Finance Director Brian Grimm, Community Development Director David Abel, Director of Public Safety Paul Falls, City Clerk Terri Haarstad, City Engineer Paul Hornby (WSB) and City Attorney Ron Batty (Kennedy and Graven) 2) Jennings Cove Stormwater Pond Hornby presented the staff report as found in the City Council work session packet dated July 21, 2014. Discussion included: Ownership of the pond Costs of additional piping Whether the City could simply deepen the pond Whether the City could enlarge the pond Whether the work can be done in-house Whether engineering studies and a staff recommendation are even needed since the City Council appears to be in unanimous agreement regarding a solution By unanimous consent the City Council directed the City Engineer to bring back a modified scope of services agreement to the August 4, 2014 City Council meeting that studies deepening the pond and eliminates other options. 3) Water Treatment Discussion Barone distributed a packet of materials being mailed to municipal water users and reviewed them with the City Council. He also summarized comment cards received at the Water Treatment Open House. Of note:
Approximately 60 people attended 6 people completed comment cards without signing them Only a handful of people were in support of R/O Most people were either in favor of gravity filtration or opposed to R/O
A handful of people expressed their opinion that the water was fine and were in favor of homeowners installing private water treatment in individual homes.
Grimm pointed out that Bolton and Menk has adjusted their financial projections to be more in alignment with the City’s projections. Discussion included: Website content regarding water treatment Cooperation and joint efforts with the Cities of Mound, Spring Park and possibly St. Bonifacius The differences between General Obligation Bonds, Revenue Bonds and General Obligation Revenue Bonds Batty explained that the City Council has been looking at General Obligation Revenue Bonds. He explained the difference between General Obligation bonds and Revenue Bonds and that General Obligation Revenue Bonds are a hybrid of both of these types of bonds. It is expected that revenue meets the financial obligations; however, the City is generally obligated and must levy the funds to meet financial obligations if revenues do not cover them. 4) Noise Regulation Discussion Falls reviewed and explained section 1005 of the current noise ordinance, regulating construction noise. He explained that in order for a noise to rise to the level of a violation, the volume of the noise needs to be unreasonable. Additionally, construction work hours regulations are intended to limit noise from construction vehicles, not all construction work (such as painting, hanging drywall, planting a bush by hand etc). He explained that signs notifying subcontractors of noise ordinance regulations and construction work hours are working well; however, Ken Potts, the City’s prosecuting attorney, has determined that a sign does not meet the legal requirement of an officer issuing a warning. Tom Walter (Mattamy Homes) explained it takes at least 24 hours to de-water ponds and that until electricity is installed in new homes, generators are needed to keep water out of new homes and keep decorators working at night. New generation generators were purchased and are as quiet as air conditioners. Daren Laberee (Mattamy Homes) requested to be part of the discussion if the City Council decides to update the noise ordinance. He explained how the City of Victoria regulates noise (one set of rules for residents and another set for contractors) as Minnetrista’s noise rules actually and explained that not all contractors in the big projects belong to the developer. Some are from utility companies etc. He also urged caution when updating the ordinance to ensure additional problems do not arise. Discussion included:
Whether the City has a way to objectively measure noise (Most cities have gotten away from this due to expense related to equipment costs, maintenance and training; additionally, the PCA controls those regulations and cities are prohibited from setting more stringent standards) Whether the ordinance offers provisions or emergency situations (The ordinance says noise cannot be beyond what is reasonable. Noise in an emergency situation outside of regular construction hours is reasonable) Whether the City can regulate noise ordinance education for contractors and subcontractors Whether or not it was reasonable for Mattamy Homes to utilize generators when their new homes were flooding How many complaints have been received (only from a couple of people but the issue is that they are calling City Council members directly and frequently) The fact that really this is two issues – noise and construction hours Whether the ordinance can be changed to keep the warning requirement for general noise but to allow officers to cite people without issuing a warning for violations involving heavy equipment Whether construction hours for internal and more quiet construction activities is even possible to enforce throughout the City Whether or not an ordinance should be adopted to allow Police to cite people for inside construction work if a resident complaint is received
Barone reminded Council members that residents will often call City Council in hopes of getting bumped up on the list. He encouraged Council members to direct residents back to staff to solve issues. That way staff can track patterns and ensure everyone is treated alike. By unanimous consent, the City Council directed staff to check to see if a written notification of the noise ordinance when permits are issued is sufficient warning and to bring it back to another meeting, perhaps with the presence of Ken Potts, the City’s prosecuting attorney, I order to answer Council questions. 5) Adjourn Hunt adjourned the meeting at 6:56pm. Respectfully Submitted,
Terri Haarstad City Clerk
Approximately 60 people attended 6 people completed comment cards without signing them Only a handful of people were in support of R/O Most people were either in favor of gravity filtration or opposed to R/O
A handful of people expressed their opinion that the water was fine and were in favor of homeowners installing private water treatment in individual homes.
Grimm pointed out that Bolton and Menk has adjusted their financial projections to be more in alignment with the City’s projections. Discussion included: Website content regarding water treatment Cooperation and joint efforts with the Cities of Mound, Spring Park and possibly St. Bonifacius The differences between General Obligation Bonds, Revenue Bonds and General Obligation Revenue Bonds Batty explained that the City Council has been looking at General Obligation Revenue Bonds. He explained the difference between General Obligation bonds and Revenue Bonds and that General Obligation Revenue Bonds are a hybrid of both of these types of bonds. It is expected that revenue meets the financial obligations; however, the City is generally obligated and must levy the funds to meet financial obligations if revenues do not cover them. 4) Noise Regulation Discussion Falls reviewed and explained section 1005 of the current noise ordinance, regulating construction noise. He explained that in order for a noise to rise to the level of a violation, the volume of the noise needs to be unreasonable. Additionally, construction work hours regulations are intended to limit noise from construction vehicles, not all construction work (such as painting, hanging drywall, planting a bush by hand etc). He explained that signs notifying subcontractors of noise ordinance regulations and construction work hours are working well; however, Ken Potts, the City’s prosecuting attorney, has determined that a sign does not meet the legal requirement of an officer issuing a warning. Tom Walter (Mattamy Homes) explained it takes at least 24 hours to de-water ponds and that until electricity is installed in new homes, generators are needed to keep water out of new homes and keep decorators working at night. New generation generators were purchased and are as quiet as air conditioners. Daren Laberee (Mattamy Homes) requested to be part of the discussion if the City Council decides to update the noise ordinance. He explained how the City of Victoria regulates noise (one set of rules for residents and another set for contractors) as Minnetrista’s noise rules actually and explained that not all contractors in the big projects belong to the developer. Some are from utility companies etc. He also urged caution when updating the ordinance to ensure additional problems do not arise. Discussion included:
Whether the City has a way to objectively measure noise (Most cities have gotten away from this due to expense related to equipment costs, maintenance and training; additionally, the PCA controls those regulations and cities are prohibited from setting more stringent standards) Whether the ordinance offers provisions or emergency situations (The ordinance says noise cannot be beyond what is reasonable. Noise in an emergency situation outside of regular construction hours is reasonable) Whether the City can regulate noise ordinance education for contractors and subcontractors Whether or not it was reasonable for Mattamy Homes to utilize generators when their new homes were flooding How many complaints have been received (only from a couple of people but the issue is that they are calling City Council members directly and frequently) The fact that really this is two issues – noise and construction hours Whether the ordinance can be changed to keep the warning requirement for general noise but to allow officers to cite people without issuing a warning for violations involving heavy equipment Whether construction hours for internal and more quiet construction activities is even possible to enforce throughout the City Whether or not an ordinance should be adopted to allow Police to cite people for inside construction work if a resident complaint is received
Barone reminded Council members that residents will often call City Council in hopes of getting bumped up on the list. He encouraged Council members to direct residents back to staff to solve issues. That way staff can track patterns and ensure everyone is treated alike. By unanimous consent, the City Council directed staff to check to see if a written notification of the noise ordinance when permits are issued is sufficient warning and to bring it back to another meeting, perhaps with the presence of Ken Potts, the City’s prosecuting attorney, I order to answer Council questions. 5) Adjourn Hunt adjourned the meeting at 6:56pm. Respectfully Submitted,
Terri Haarstad City Clerk
