05-10-11 CM Minutes Council/Manager Meeting Minutes
May 10, 2011 �
Present: Mayor Loomis and Councii Members, Pentel, Scanlon and Shaffer, City Manager
Tom Burt, Director of Public Works Jeannine Clancy, Director of Planning and
Development Mark Grimes, Police Chief Stacy Altonen, Chief of Fire and Inspection
Services Mark Kuhnly, and Graduate Engineer Mitch Hoeft and Administrative Assistant
Lisa Wittman. Also present from Metropolitan Council Environmental Services was Bill
Cook, and Jeff Schwartz. Council Member Freiberg was absent.
The meeting began at 6:30 pm in the Council Conference Room.
Metropolitan Council Environmental Services Sanitary Sewer- 1-GV-461 Reliever
Project
Jeannine Clancy introduced Bill Cook and Jeff Schwartz from Metropolitan Council
Environmental Services (MCES), who came to the meeting to update the Council on the
status of the reliever project route and proposed schedule.
Mr. Cook explained that MCES has completed a facility plan and have started the
preliminary design process for this project which includes routes, relative costs and
disruption involved. He showed the Council a map of the Xenia AvenuelTurners Crossroad
route and a map of the Theodore Wirth Parkway route and discussed the two possible
routes noting that the Xenia Avenue/Turners Crossroad route is the more cost effective
route.
Council Member Pentel asked when the project is expected to begin. Mr. Cook said work
will begin late in 2012 or early in 2013. Jeannine Clancy added that the project will be done
in conjunction with the Circle Down Pavement Management Program.
Mr. Cook discussed the installation of air release valves and answered questions from the
Council regarding their proposed location and potential issues with odor.
Jeannine Clancy stated that MCES will be drafting a design and construction agreement
with the City and that MCES cost participation for the 2012 Pavement Management Project
will be addressed in future amendments to this agreement.
North Wirth Business Center
Tom Burt explained that the owners of the North Wirth Business Center have not kept
current on their taxes which is considered to be a default of the development agreement.
The HRA issued Note is allowed to be terminated if the default is not cured within 60 days.
If the Note is cancelled the Council can also consider decertifying the North Wirth Parkway
Tax Increment District. He stated that staff is looking for direction regarding starting the
process to cancel the Note and decertify the TIF District. After discussion the Council
directed staff to move forward with cancelling the Note and decertifying the TIF District.
Burt noted that the process will start with a special HRA meeting on May 17 so that the
issue can be placed on the June 7 Council agenda.
Council/Manager Meeting Minutes
May 10, 2011 — Page 2
Proposed Ordinance Amendment— Incorporation of Model Tobacco Licensing
Ordinance
Mark Kuhnly explained that in order to bring the City Code into compliance with state law
the model tobacco ordinance developed by the League of Minnesota Cities and the Public
Health Law Center has been incorporated into the current tobacco section of the City
Code.
The Council reviewed the proposed new language and after discussion directed staff to
further research the administrative fees section of the ordinance. Including the amount of
the fees and if the fees were determined by state statute.
Tom Burt said he would provide an update in the weekly report and bring it to a Council
meeting in June.
Zoning Cod�e Variance Process and Board of Zoning Appeals Status
Mark Grimes stated that new legislation passed in early May that will again allow cities the
ability to consider variance requests. He also stated that staff is considering eliminating the
Board of Zoning Appeals and charging the Planning Commission with the duty of
considering variance requests.
The Council discussed the possibility of eliminating the Board of Zoning Appeals. The
consensus was that the Planning Commission and the Board of Zoning Appeals serve
different functions and have different purposes so at this point in time the direction of the
Council is to keep the Board of Zoning Appeals in place.
Human Rights Commission Status
Since Council Member Freiberg was not in attendance at this meeting the Council directed
staff to place this item on next month's Council/Manager agenda.
Human Services Foundation
Mayor Loomis informed the Council the Human Services Foundation cannot be considered
a true foundation because the word "foundation" has tax implications. They are working to
come up with a new name.
The meeting adjourned at 7:40 pm.
Lisa Wittman
Administrative Assistant