City Council

MAHTOMEDI CITY COUNCIL MINUTES AUGUST 18, 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 Jay Kennedy, City Planner Erin Perdu and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Ramaley moved and Council member Deans seconded the motion to approve the agenda as presented. The motion was unanimously approved. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES Council member Brainerd moved and Council member Ramaley seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS 4a. Brian Mueller, Washington County Sheriff’s Office Brian Mueller, Patrol Commander for Washington County, updated the City Council on police activities in Mahtomedi. He also introduced Laura Jackson, who is one of the officers that works in Mahtomedi. Commander Mueller noted that calls are up slightly in Mahtomedi. He said not all calls are something where a ticket might be written but rather someone just calling with a question. He also strongly encouraged residents to call the Washington County Sheriff’s Office with any concerns they may have. 5. DISCUSSION FROM THE AUDIENCE Steve Wolgamot said he wanted to thank the council and mayor for their efforts in the historic district. He said he has walked the entire area and the changes are terrific and the area just looks better. He also would like to see the City develop a plan to substantially complete the Street Car Trail. He feels this is vital link for the entire City and urged the Council to make it a priority. 6. CONSENT AGENDA Council member Schilling moved and Council member Deans seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. CITY COUNCIL MEETING MINUTES -2- AUGUST 18, 2015 6. CONSENT AGENDA-Continued. Bob Byerly, the Mahtomedi Firefighter who wrote the FEMA Grant, provided an overview of the requirements and funding. The Council thanked Mr. Byerly for his efforts in obtaining the grant. a. APPROVAL-Agreement Relating to Landowner Improvements Located within City Easement Area located at 165 Dahlia Street. City staff recommended entering into an Encroachment Agreement with the landowners at 165 Dahlia Street to construct a semi-permanent retaining wall in City’s drainage and utility easement. b. APPROVAL-Resolution Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessments for Project 2015-01, 2015 Street Improvement Project. The total cost of the project is $962,926. The amount to be specially assessed is 32.9% of the total amount or $316,381. Of the remaining 67.1% of the total amount, $646,545 shall be financed by way of general tax levy, city utility funds, and available City reserves as determined by the City Council. The Resolution was approved. c. APPROVAL-Resolution Calling for and Ratifying an Assessment Hearing with Respect to Project 2015 Street Improvement Project. The Assessment Hearing for Project 2015-01 will be held on September 15, 2015 at 7:00 p.m. Notice of hearing will be published at least once in the official newspaper at least two weeks prior to the hearing and the notice mailed to the owners of each parcel described in the assessment roll. The Resolution was approved. d. APPROVAL-Firefighter Leave of Absence Request. Jake Michaud has requested and received permission for a 90 day leave of absence from the fire department. e. APPROVAL-Hiring of Paid On Call Firefighter/EMT. Fire Chief Fischer recommended the hiring of Jaime DeBilzan as a paid on-call firefighter/EMT. This hiring is contingent upon the successful completion of a criminal background check, psychological assessment, and physical exam. CITY COUNCIL MEETING MINUTES -3- AUGUST 18, 2015 6. CONSENT AGENDA-Continued. f. APPROVAL-Authorize Mayor to execute forms related to the FEMA fire grant application and approve grant with FEMA authorization. The Fire Department has been considered to receive a FEMA Grant in the amount of $124,481 for the replacement of SCBA air packs. The grant requires a contribution of $6,231 from the City for a total of $130,481. The Council authorized the Mayor to execute the forms related to the FEMA grant indicating that if the City were awarded the grant it would accept it and approve the required match of $6,231. g. APPROVAL-Construction Pay Voucher No. 10 in the amount of $96,622.44 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. Construction Pay Voucher No. 10 in the amount of $96,622.44 for Phase 1 Historic District Improvement Project for T.A. Schifsky was approved. h. APPROVAL-Construction Pay Voucher No. 2 in the amount of $347,849.88 for the 2015 Improvement Project for Hardrives, Inc. Construction Pay Voucher No. 2 in the amount of $347,849.88 for the 2015 Improvement Project for Hardrives, Inc. was approved. i. APPROVAL-Construction Pay Voucher No. 5 and Final in the amount of $28,079.75 for Hardrives, Inc. for the Long Lake Road Rehabilitation Project. Construction Pay Voucher No. 5 and Final in the amount of $28,079.75 for the Long Lake Road Project for Hardrives, Inc. was approved. j. APPROVAL-Construction Pay Voucher No. 7 in the amount of 4,208.50 for Penn Contracting for 2013 Lift Station Rehabilitation Project. Construction Pay Voucher No. 7 in the amount of $4,208.50 to Penn Contracting for 2013 Lift Station Rehabilitation Project was approved. k. APPROVAL-Construction Pay Voucher No. 2 in the amount of $8,858.75 for the Wedgewood Park Infiltration BMP Project for Belair Sitework Services. Construction Pay Voucher No. 2 in the amount of $8,858.75 for the Wedgewood Park Infiltration BMP Project for Belair Sitework Services was approved. CITY COUNCIL MEETING MINUTES -4- AUGUST 18, 2015 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL – Request from Daniel and Katie Campbell for a variance from the required side yard setback and maximum width requirement at the property line for a driveway at 124 Juniper Street. City Planner Perdu said the Applicant’s request for variances from the required minimum setback and maximum width for a residential driveway in the R-1E Historic Mahtomedi district are reasonable and consistent with the City’s Comprehensive Plan and Zoning Code. Based on our review, staff recommends approval of the request for a side setback variance and variance from the maximum width for a residential driveway. Planner Perdu said at their August 12, 2015 regular meeting, the Planning Commission recommended an alternate set of variances for approval. The reports and correspondence were discussed at length, along with questions for the applicant (the Campbells) and the concerned neighbors (the Johnsons). Several alternatives to the driveway configuration originally proposed by the applicants were also discussed. The Johnsons’ attorney (Chris Olson) offered a suggestion for a driveway configuration that reduced the amount of the setback variance. The Commission discussed this alternative and ultimately offered a compromise that was based on Mr. Olson’s suggestion. The result was a recommendation for approval of a different set of variances than the ones requested. Those variances included: a side setback variance to allow for a concrete apron to be constructed ten inches from the lot corner, a side setback variance to allow for the asphalt driveway to be installed three feet from the lot line at its closest point, and a driveway width variance to allow for an opening of up to 36 feet at the street. Planner Perdu said the Applicant is proposing to reconstruct the driveway on the property located at 124 Juniper St. The proposed driveway does not meet side yard setback and maximum driveway width at the property line requirements in the R1-E Historic Mahtomedi District. Residential driveways within the R1-E Historic District are required to meet the following minimum dimensional criteria: • Side Yard Setback for Residential Driveways: 5 feet • Maximum Width of Residential Driveways: 24 feet at the property line The proposed concrete apron associated with the driveway sits 10 inches from the lot corner at its closest point and the driveway is 27 feet wide at the property line. This particular lot is oddly shaped, and the placement of the garage on the lot further exacerbates the issue. CITY COUNCIL MEETING MINUTES -5- AUGUST 18, 2015 8a. Continued. The unusual shape of this property constitutes a practical difficulty with regard to the side yard setback. In order to connect to the existing garage door opening, the driveway must encroach into the side setback. This can be confirmed by examining the previous driveway on the property, which also encroached into the setback at the corner of the lot in the same area where the proposed driveway will encroach. If the proposed driveway were to be setback 5 feet from the property line, the driveway would not cover the width of the garage opening. The applicants are also proposing to construct a concrete apron across the front of the garage to connect to the gate in the fence to the east of the garage door. The applicants have angled the apron from the driveway to the corner of the gate to minimize the encroachment into the setback; however, the apron is located 10 inches from the lot corner, encroaching into the required setback by 4 feet 2 inches. The driveway width also constitutes a practical difficulty based on the angle that the driveway must take between the road and the garage door opening. Because of the location of the garage and the property line at the road, the driveway must be angled toward the southeast to connect with the garage opening. This angle makes it more difficult to maneuver into when approaching from the west on Juniper. The requested 3- foot width variance is relatively small and would allow the applicants to more easily turn into their driveway without driving over any lawn area. Chris Olson, attorney for the Johnsons, said they are concerned about damage to their fence and lilac bushes if the variance is granted as requested by the Campbell’s. He said the Johnson’s offered a compromise to allow a side setback variance to allow for a concrete apron to be constructed ten inches from the lot corner, a side setback variance to allow for the asphalt driveway to be installed three feet from the lot line at its closest point, and a driveway width variance to allow for an opening of up to 36 feet at the street. Council member Brainerd asked Ms. Campbell if the proposal suggested by the Planning Commission will work for them. Ms. Campbell said it will not work as well as what they had requested and it would cost them considerably more and take more of their front yard. Council member Ramaley moved and Council member Deans seconded the motion to approve Resolution No. 2015-31 Approving a Driveway Setback Variance to Construct a Driveway that Sits 1.5 Feet From The Property Line At Its Closest Point And A 3-Foot Driveway Width Variance For A Driveway That Is 27 Feet Wide At The Property Line On The Property Located At 124 Juniper St. A roll call vote was taken as follows: Deans-yes, Brainerd-yes, Marshall-no, Ramaley-yes and Schilling-no. The motion was approved by a 3-2 vote. CITY COUNCIL MEETING MINUTES -6- AUGUST 18, 2015 8b. 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 Administrator Neilson said Dee Smith had resigned from the Suburban Cable Commission. He suggested inviting Mr. Smith to a future meeting to thank him for his years of service. The draft septic ordinance will be discussed at a workshop on September 15th at 5:45 p.m. 10. COMMENTS FROM THE CITY COUNCIL Mayor Marshall said the City had received a letter from the League of Minnesota Cities thanking Representative Peter Fischer for his work in the 2015 Legislature. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Deans moved and Council member Schilling seconded the motion to adjourn the meeting at 8:35 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR