City Council

MAHTOMEDI CITY COUNCIL MINUTES NOVEMBER 17, 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-None 5. DISCUSSION FROM THE AUDIENCE The owner of 115 Spruce Street, provided an update on the progress of remodel of the property. She said her contractor received his Minnesota license and has started the job. He picked up the permits and secured the house. The garage was taken down and the debris in the neighbor’s yard has been cleaned up. 6. CONSENT AGENDA Council member Ramaley moved and Council member Deans seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-Canvass Ballots and Consider Ratification-Local Election Results The City of Mahtomedi Municipal election was held Tuesday, November 3, 2015 and the results were certified to Washington County. b. APPROVAL-Acknowledge Completion of Probationary Period for Firefighter. Probationary Firefighter Jake McCann successfully completed his probationary period and was sworn in by Fire Chief Fischer. He moved to a Paid-On Call Firefighter/EMT. CITY COUNCIL MEETING MINUTES -2- NOVEMBER 17, 2015 6. CONSENT AGENDA-Continued. c. APPROVAL-Agreement Regarding Continuing Education Fire Training with Century College. In 2014, Century College started offering a continuing education fire training program that meets the required hours needed for fire personnel to get recertified as firefighters. The agreement with Century College was approved. d. APPROVAL-Construction Pay Voucher No. 12 in the amount of $8,475.28 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. Construction Pay Voucher No. 12 in the amount of $8,475.25 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. was approved. e. APPROVAL- Request to Hire New Probationary Paid On-Call Firefighter/EMT. Fire Chief Fischer recommended the hiring of Brandon Schloegel as a new probationary paid on call firefighter/EMT. f. APPROVAL-Construction Pay Voucher No. 5 in the amount of $22,934.23 for the 2015 Improvement Project for Hardrives, Inc Construction Pay Voucher No. 5 in the amount of $22,934.23 for the 2015 Improvement Project for Hardrives, Inc. was approved. g. APPROVAL-Schedule Public Hearing for Ordinance Amending Mahtomedi City Code, Chapter 15, Section 15.04, Subdivisions (1)(B), 4, and 5 Relating to the Inspection of Subsurface Sewage Treatment Systems (SSTS) for December 15, 2015 at 7:00 p.m. A public hearing was scheduled for December 15, 2015 at 7:00 p.m. for Ordinance Amending City Code, Chapter 15, Section 15.04, Subdivisions (1)(B), 4 and 5 Relating to the Inspection of Subsurface Sewage Treatment Systems (SSTS). CITY COUNCIL MEETING MINUTES -3- NOVEMBER 17, 2015 6. CONSENT AGENDA-Continued. h. APPROVAL-Resolution To Extend the Application Review Period for Consideration for a Minor Subdivision to Divide the Properties Located at 255 Arcwood Street into Three Lots and Variances from Minimum Lot Width, Depth and Area Requirements. A Resolution Extending the application review period for Consideration of a Minor Subdivision to divide the properties located at 255 Arcwood Street into Three Lots and Variances from Minimum Lot Width, Depth, and Area Requirements was approved. 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL –Request from Michael and Margaret Klabunde for a minor subdivision in order to combine and divide the properties located at 255 Arcwood Road and PIN 31.030.21.12.0016/0018 into three lots, and variances from the minimum lot width, depth and area requirements-was continued to the December 9, 2015 Planning Commission meeting. 8b. CONSIDER APPROVAL–Request from Sarah Danforth for a minor subdivision in order to divide property at 84 Neptune Street into two lots The City is in receipt of an application from Sarah Danforth for the request outlined above. The application has been reviewed by City staff and consultants and is in order for consideration at this time. The Planning Commission recommended unanimous approval at their November 10, 2015 meeting. City Planner Perdu said the Applicant is proposing to split the existing 1.8 acre property into two parcels. One parcel with the existing home would be 0.74 acres and the other parcel would be approximately one acre. The Applicant is proposing to retain the two parcels for a possible future residential home. As proposed the minor subdivision meets all of the requirements listed in the ordinance all dimensional requirements of the R1-E Zoning District. The 2015 Fee Schedule adopted by the City Council requires a minimum of 10% of the fair market value of the land prior to subdivision OR a fee equal to $3,000 per new dwelling unit for single family residence, whichever is less. In this instance there is one new lot being created. The flat $3,000 fee is less than 10% of the market value of the land prior to the subdivision; therefore the applicant must pay $3,000 for parkland dedication. CITY COUNCIL MEETING MINUTES -4- NOVEMBER 17, 2015 8b. Continued. Sewer and water facilities are available on the three roadways adjacent to Parcel B in the proposed subdivision, but connections should be made to utilities on Neptune Street at time of home construction. Connections to municipal utilities located in MnDOT Right- of-Way are discouraged and the existing sanitary sewer located on Maple Street is a Metropolitan Council Interceptor, to which private connections are typically not allowed. The property owner should coordinate with the City to have the sanitary sewer main on Neptune extended to provide an acceptable connection point for a future home. Costs associated with this extension will be required to be paid by the developing property owner. Engineer LaBounty said it appears a potential wetland may exist on the property, but a review of the National Wetland Inventory did not identify a wetland in this location, and a review of the NRCS mapping indicates that the area as non-hydric soils. A wetland delineation or determination of no wetlands shall be completed and reviewed as part of the building permit application process to verify NWI and NRCS data. The platted Right-of-Way on Neptune Street is currently 40-feet, and does not meet the City’s current standard of 60-feet, thus in conjunction with this subdivision the property owner shall donate a 10-foot roadway and utility easement to the City along the southern Right-of-Way line of Neptune Street (10-feet along the northern parcel lines of Parcel A and Parcel B). Staff notes that if a wetland is delineated on the property during building permit application the home will need to be located outside of the wetland buffer and at an elevation to protect the structure from flooding per ordinance requirements. Staff reviewed the potential low area and applied a hypothetical buffer and it appears that a home would be able to be constructed to meet City requirements. An official wetland delineation should be completed and submitted for Parcel B when house plans are submitted for a building permit. Council member Deans asked about the possibility of working with the applicant to have right-of-way or a trail easement donated to the City in exchange for the $3,000 park dedication fee. It might be nice to have a trail connection between Maple Street and Neptune. Engineer LaBounty indicated that staff is currently in discussions with MnDOT regarding the streetcar trail improvements and possible crosswalks along Mahtomedi Avenue (TH 244). We would need to review the feasibility of having a trail connection on the proposed Parcel B if the applicant would be open to it. CITY COUNCIL MEETING MINUTES -5- NOVEMBER 17, 2015 8b. Continued. Mayor Marshall asked what the purpose was for acquiring additional right-of-way on Neptune. Engineer LaBounty explained that subdivisions provide an opportunity for the City to acquire additional right-of-way where necessary. The right-of-way on Neptune does not meet the City’s current standard so this subdivision would be an opportunity to get closer to this standard. During roadway improvement projects, especially in the Historic District where the area has unique platting issues, not having adequate right-of-way can cause a problem for construction, or even require the City buy right-of-way. Brainerd asked if a trail would not be feasible in the MnDOT right-of-way if the City could use the eastern 10’ of the proposed parcel B. The applicant indicated that she would need to review the proposal before making a decision. Council member Schilling said he is not comfortable taking land from the owner for a trail along Mahtomedi Avenue. Engineer LaBounty summarized the items the City Council was looking for staff to review prior to bringing the application back on December 1st. Staff will review crosswalk locations with MnDOT to determine if pedestrian connectivity is feasible to get residents across Mahtomedi Avenue to the streetcar trail. If this isn’t a possibility, staff will review options for a trail along MnDOT TH 244 or having a trail easement donated by the applicant to create pedestrian connectivity between Maple Street and Neptune Street. Council member Deans moved and Council member Brainerd seconded the motion to continue this item to the December 1, 2015 City Council meeting. 8c. CONSIDER APPROVAL – Request from Chris Lannue for a front yard setback variance in order to construct a house on property described as PIN 20.030.21.43.0010 (located at 143 Ivy Street) The City is in receipt of an application from Chris Lannue for the request outlined above. The application has been reviewed by City staff and consultants and is in order for consideration at this time. The Planning Commission recommended unanimous approval at their November 10, 2015 meeting. City Planner Perdu said the Applicant is proposing to construct a home on the subject property which is currently vacant. The development of the lot is impeded by a low area CITY COUNCIL MEETING MINUTES -6- NOVEMBER 17, 2015 8c. Continued. in the rear of the property that contains an infiltration basin created when the adjacent home was constructed. In order to avoid the infiltration basin, sized to accommodate existing and proposed local drainage, the Applicant is requesting a variance of eight (8) feet to the required minimum front yard setback of thirty (30) feet. The granting of this variance to allow the construction of a single family home will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity of the parcel of land. The granting of the variance is not likely to alter the essential character of the neighboring lots and locality. In fact, the variance will allow the property to be used in a similar manner to the surrounding properties. Engineer LaBounty said a portion of the rear yard currently contains an infiltration area which currently provides flood storage for the 100-year 24-hour rainfall event. Final grading plan submitted with building permit application shall identify the infiltration area, emergency overflow located off-site to the north, and the storage volume of this area. The final grading plan shall be revised as to not impact the infiltration area, or the applicant shall provide a revised grading plan to provide equivalent flood storage on-site to match existing conditions. The plan needs to be accompanied by a report from a licensed engineer which identifies the existing and proposed drainage patterns, existing and proposed impervious area, soil conditions, flood storage calculations for the 100-year 24-hour rainfall event, and drawdown rate of infiltration area. Mayor Marshall asked if the catch basin that is located on the property becomes plugged, whose responsibility is it to clean it out. Engineer LaBounty said it would be up to the property owner to clean it. Council member Ramaley moved and Council member Brainerd seconded the motion to approve Resolution No. 2015-44 Approving a Front Yard Setback Variance to Construct a New Single Family Home at 143 Ivy Street. The motion was approved. 8d. CONSIDER APPROVAL –Request from Paul Bruggeman for a minor subdivision in order to combine and divide the properties located at 835 Mahtomedi Avenue and PIN 20.030.21.34.0043 into three lots, and variances from the minimum lot width and area requirements The City is in receipt of an application from Paul Bruggeman for the requests outlined above. The application has been reviewed by City staff and consultants and is in order for consideration at this time. The Planning Commission recommended unanimous approval at their November 10, 2015 meeting. CITY COUNCIL MEETING MINUTES -7- NOVEMBER 17, 2015 8d. Continued. The Applicants are proposing to combine the existing two lots and then subdivide the property into three (3) parcels. The proposed subdivision would not meet the minimum lot area and minimum lot width requirements for two of the proposed parcels. The requirements in the R1-E district for newly created parcels are as follows: Minimum width = 80 ft. Minimum depth = 125 ft. Minimum lot area = 10,400 sf. Proposed Parcel B will require a 4.96 ft. lot width variance and a lot area variance of 1,392 sf. Proposed Parcel C will require a lot width variance of 4.89 feet and a lot area variance of 1,384 sf. The 2015 Fee Schedule adopted by the City Council requires a minimum of 10% of the fair market value of the land prior to subdivision OR a fee equal to $3,000 per new dwelling unit for single family residence, whichever is less. In this instance there are two new lots being created. The flat $6,000 fee is less than 10% of the market value of the land prior to the subdivision; therefore the applicant must pay $6,000 for parkland dedication. Engineer LaBounty said driveway access and utility access for Parcel A and Parcel B shall be off of Iris Street and in locations as approved by the City during building permit application. No City watermain exists on Iris Street between Arbor Avenue and Mahtomedi Avenue, so prior to building permit approval, the developer shall coordinate with the City of Mahtomedi to have the watermain extended along Iris Street or shall privately coordinate to have the watermain extension completed and permitted through the City. The City may be able to enter into an agreement with the Developer to cost share the extension of the watermain in conjunction with the proposed Phase 2 - Historic District Improvements project. We expect minimal grading and drainage impacts will occur to allow for the development of the parcels, but generally the final plans shall be graded to convey as much stormwater to the roadway (Iris Street) as feasible and proof shall be provided that the runoff volume to adjacent properties from the combined sites does not exceed existing conditions. Drainage and utility easements shall be provided on the sides and rear yards of all proposed lots. Council member Brainerd moved and Council member Deans seconded the motion to approve Resolution No. 2015-45 Approving a Minor Subdivision, Lot Width and Lot Area Variance for 835 Mahtomedi Avenue. The motion was approved. CITY COUNCIL MEETING MINUTES -8- NOVEMBER 17, 2015 8e. 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 City Administrator Neilson and said he and Engineer Kennedy attended a meeting at Washington County regarding the County Road 12 corridor project. Administrator Neilson and Council member Schilling said they attended a meeting regarding the lake augmentation. The White Bear Lake Conservation District becoming the fiscal agent for the augmentation was also discussed. 10. COMMENTS FROM THE CITY COUNCIL Council member Deans reminded everyone about Turkey Bingo on Saturday, November 21st at the High School. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Schilling moved and Council member Brainerd seconded the motion to adjourn the meeting at 9:00 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR