City Council

MAHTOMEDI CITY COUNCIL MINUTES NOVEMBER 4, 2015 Mayor Jud Marshall convened the regular City Council meeting at 7:00 p.m. with Council members Joel Schilling, Richard Brainerd and Lael Ramaley in attendance. Council member Tim Deans was absent with prior notice. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Engineer Jay Kennedy, Public Works Director Bruce Thielen, Finance Director Scott Schaefer and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Ramaley moved and Council member Brainerd 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 Brainerd seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS 4a. GFOA Financial Report Award – Scott Schaefer Finance Director Schaefer said for the 24th straight year, the City has received the Governmental Finance Officers Association Award for its Comprehensive Financial Report. He thanked Jerene Rogers, Patty McGing and Mary Solie for their help each year preparing the report. The Council thanked everyone for their efforts in achieving this honor every year. 5. DISCUSSION FROM THE AUDIENCE There was no discussion from the audience. 6. CONSENT AGENDA Council member Brainerd moved and Council member Ramaley seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-Write-Off of Uncollectible Ambulance Receivables City staff recommended uncollectible Ambulance receivables be written off from 2007 to 2008 in the amount of $32,555.78. Collection efforts have been exhausted and there is no need to keep them on the books at this time. CITY COUNCIL MEETING MINUTES -2- NOVEMBER 4, 2015 6. CONSENT AGENDA-Continued. b. APPROVAL-Request to Enter Into Grant Agreement with Minnesota Department of Health for Source Water Protection Grant. The City was awarded grant funds from the Minnesota Department of Health for the purpose of implementing the City’s Wellhead Protection Plan. The grant is for $6,800 and includes identifying properties with abandoned, unused, unmaintained, or damaged wells, identifying unlocated wells in the City, and preparing the WHP plan evaluation form. 7. PUBLIC HEARING 7a. Proposed 2016 – 2020 Capital Improvement Plan At a Joint City Council/Finance Commission Work Session on October 20, 2015, the Commission and Council discussed the proposed 2016-2020 Capital Improvement Plan and financing options. The notice of public hearing on the proposed 2016-2020 Capital Improvement Plan was advertised in the White Bear Press and the plan is on the City’s website. City Engineer Jay Kennedy outlined the proposed 2016-2020 Capital Improvement Plan as follows: Proposed 2016 Improvements: • White Bear Lake Outlet Improvements-Phase I • Katherine Abbott Improvements-Phase I • Historic District Redevelopment - Phase II • CSAH 12 Improvements-Piccadilly Redevelopment • CSAH 12 Study-TH 244 to East City Limit • Sanitary Sewer Maintenance Project • TH 244 Crosswalk Improvements The total cost for the 2016 Capital Improvements are $5,242,000 Proposed 2017 Improvements: • 2017 Street Improvement Project (Dahlia St, Birchwood Ave, Lost Lake Court) • Stornwater Pond Maintenance Program The total cost for the 2017 Capital Improvements are $1,020,000 CITY COUNCIL MEETING MINUTES -3- NOVEMBER 4, 2015 7a. Continued. Proposed 2018 Improvements: • Echo Lake Area Improvement Project • Historic District Redevelopment - Phase III • Sanitary Sewer Maintenance Program • Briarwood Area Improvements (Roads Only) • Briarwood Area Improvements (Utility Improvements) • 2018 Street Improvement Project (Birchwood Ave, Lost Lake Ct, Harmony Drive) • Streetcar Trail Improvements-Hickory Street to Stillwater Road The total cost for the 2018 Capital Improvements are $10,077,000. Proposed 2019 Improvements: • South Warner Lift Station Reconstruction • TH 120 Improvements • Katherine Abbott Park Improvements-Phase II The total cost for the 2019 Capital Improvements are $1,587,000 Proposed 2020 Improvements: • Historic District Reconstruction-Phase IV • White Bear Lake Outlet Improvements-Phase II • 2020 Street Improvement Project (N. Warner Rd , Locust St, Emerald Ln) • TH 120/Long Lake Road Intersection Improvements • Well No. 3 Rehabilitation & SCADA Upgrade • Sanitary Sewer Maintenance Program The total cost for the 2020 Capital Improvements are $5,870,000. Engineer Kennedy said with any of the larger projects, there are typically neighborhood meetings held to get input from the residents on the project along with working with them to address any concerns they may have, even before it gets to the Council level. Council member Brainerd suggested an additional crosswalk at the intersection of Juniper and Highway 244. He said that intersection is a high pedestrian crossing area. Mayor Marshall opened the Public Hearing at 7:40 p.m. CITY COUNCIL MEETING MINUTES -4- NOVEMBER 4, 2015 7a. Continued. Steve Wolgamot, 1827 Park Avenue, congratulated the incumbents on their re-election. He said he is glad to see improvements to Katherine Abbott Park, but asked if there will be improvements to other parks too. Public Works Director Thielen said there will be a Parks and Open Space update as part of the Comprehensive Plan update next year. Engineer Kennedy said there will meetings for residents to provide input about parks. Tony Yarusso, 125 Spruce Street, suggested another crosswalk be placed at the intersection of Maple Street and Highway 244. He is happy to see the parks and trail improvements, but would like to see a more proactive plan for trails. He doesn’t want to see the Street Car Trail fall through the cracks in 2018. Council member Ramaley commented there is a lot of review with the Finance Commission and City Council regarding the Capital Improvement Plan. Mayor Marshall closed the public hearing at 7:50 p.m. Council member Schilling commented the Council needs an aggressive approach to look at park improvements. 8. STAFF REPORTS 8a. INFORMATIONAL-Local Election Results The unofficial results for the City of Mahtomedi Municipal election that was held Tuesday, November 3, 2015 were discussed. The official results will be ratified at the November 17, 2015 City Council meeting. 8b. CONSIDER APPROVAL- Resolution and Order to Repair Structure at 115 Spruce Street. Building Official Ben Eggan, has declared the structure at 115 Spruce Street unfit for human habitation and has been posted indicating the building is unsafe for occupancy and is recommending the Council proceed with the abatement procedure prescribed in Minnesota State Statute Chapter 463 to remove the hazard and public nuisance created by the abandoned, hazardous building located at 115 Spruce Street. Building Official Eggan provided an overview of the history at 115 Spruce Street. He said the property located at 115 Spruce Street contains a single family home and is currently owned by Vested Real Estate, LLC. On March 3, 2015 Baxta Design obtained a permit on behalf of the owner Amber Morfitt to perform an interior renovation of the existing single family home. Shortly after issuance of the permit, a Stop Work order was CITY COUNCIL MEETING MINUTES -5- NOVEMBER 4, 2015 8b. Continued. issued to Baxta Design for exceeding the scope of work for which the original permit had been issued. Baxta design had obtained a permit for interior renovation only, but had proceeded to physically remove a portion of the second story of the home. In an attempt to obtain a second permit to allow the reconstruction of the demolished portion, a certificate of survey was completed that revealed that the demolished second story and the existing main floor of the garage are built over the property line, and those portions of the structure were apparently constructed on an adjacent landowner’s property. Based on that information, staff made the determination that we do not have the authority to issue a permit for a new structure that extends beyond the boundary of the lot, therefore the permit request was never approved as submitted. Since that time the property has been sitting vacant, open and exposed to the elements. On July 20, 2015, a Compliance Order was sent to Amber Morfitt regarding the property. The notice gave detail of the various violations found at 115 Spruce Street. The notice gave Amber Morfitt 5 days to secure the building and 30 days to obtain all necessary permits and initiate reconstruction or to demolish and remove the dwelling. Amber Morfitt responded to the letter by boarding up the lower portions of the window and door openings. She also submitted new construction drawings for staff review and approval. The plans were subsequently approved by the planning and building departments and a permit was issued on August 24, 2015 for the rehabilitation of the property. Since that date, the permit has remained at the building department, despite several attempts by our staff to contact Amber Morfitt and her building contractor. The permit has not been paid for and remains ready for pick up. On October 12, 2015, the property at 115 Spruce St was re-inspected. The dwelling is damaged, decayed, dilapidated, unsanitary, unsafe, and lacks the provisions for basic illumination, ventilation, and sanitary facilities. The condition of the structure constitutes a hazard to the health, safety, and welfare of public and is therefore declared unsafe for human habitation per Section 12.05.14A of the Mahtomedi Minimum Housing Code. The building is declared unfit for human habitation and has been posted with a placard indicating the building is unsafe for occupancy. Mr. Eggan also said there is debris from 115 Spruce Street that has blown into yards adjacent to the property. He said the house also encroaches on the property at 125 Spruce Street. Council member Ramaley asked how long does this process take. Mr. Eggan said two to three months after the November 30, 2015 deadline. CITY COUNCIL MEETING MINUTES -6- NOVEMBER 4, 2015 8b. Continued. City Attorney Karlovich said the Council can start the process and can stop it if they feel considerable progress is being made to bring it up to code. One of the owners of 115 Spruce Street, said they have a contractor lined up to complete the work, but he is not licensed in Minnesota. The contractor has applied for the license but has not received it yet, but said he should have it soon. Council member Brainerd asked why there has been no response to the compliance letters. The owner of 115 Spruce Street, said she was not sure why there has been no response. She said her daughter is the other owner of the property and has been handling the correspondence. She said she will get someone hired to clean up the debris from the neighboring property. Luke Michaud, 1819 Mahtomedi Avenue, said this property is an eyesore and a safety concern. He asked the council to proceed with the compliance order. Mr. Yarusso said he told the current owners when they were looking at purchasing the property, that it encroached on his property, but they did nothing and purchased it anyway. Council member Brainerd moved and Council member Schilling seconded the motion to approve Resolution No. 2015-41 the Order to Repair Structure at 115 Spruce Street. The motion was approved. 8c. CONSIDER APPROVAL-Bill List Council member Brainerd moved and Council member Ramaley seconded the motion to approve the bills as presented. The motion was unanimously approved. 9. REPORT FROM THE CITY ADMINISTRATOR Administrator Neilson said the Comcast Franchise renewal process will begin soon. 10. COMMENTS FROM THE CITY COUNCIL Council member Schilling provided an update on the legislative water committee meeting. He said the City should be receiving a letter soon from the DNR regarding the starting of the Water Supply plan process which is due in December 2016. He said there CITY COUNCIL MEETING MINUTES -7- NOVEMBER 4, 2015 10. Continued. is a Task Force meeting in White Bear Lake on November 16th regarding the water issue. He also said he will be attending the Metro Cities meeting on November 18th. Council member Brainerd said he will be attending the Metro Cities meeting also. He said he would like the City to send a congratulation letter to City Manager Mark Sather on his upcoming retirement. He also noted there are several area events scheduled for Veterans Day. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Brainerd moved and Council member Ramaley seconded the motion to adjourn the meeting at 8:40 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR