City Council

MAHTOMEDI CITY COUNCIL MINUTES DECEMBER 15, 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, Finance Director Scott Schaefer, Fire Chief Terry Fischer and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Deans moved and Council member Brainerd seconded the motion to have Consent Agenda item 6a pulled from the agenda to be voted on separately as Council member Brainerd has a conflict of interest in approving the insurance for Health Partners. Council member Deans moved and Council member Brainerd seconded the motion to approve the agenda as amended. The motion was unanimously approved. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES Council member Schilling asked for the minutes to be changed to the following: on page 9, insert and will attend after December 9th and Investment after Capital. Council member Schilling moved and Council member Deans seconded the motion to approve the minutes as amended. The motion was unanimously approved. 4. PRESENTATIONS 4a. 30 Year Service Award – Robert Byerly Mayor Jud Marshall presented Robert Byerly with his 30 year service award and thanked him for his years of service to the City. Fire Chief Fischer also thanked Mr. Byerly for writing several successful grants for the Fire Department. 5. DISCUSSION FROM THE AUDIENCE Lorie Hanson, 1152 East Shore Avenue, said she has been renting out space above her garage, but said she knows she is doing it illegally. However, she said Ben Eggan, the City’s Building Official said he would evict her renter. She asked if he had the authority to do that. City Attorney Karlovich said she could be issued a citation for violating the City’s ordinance. CITY COUNCIL MEETING MINUTES -2- DECEMBER 15, 2015 6. CONSENT AGENDA Council member Brainerd moved and Council member Schilling seconded the motion to have Consent Agenda item 6b pulled from the agenda to be voted on separately as Council member Brainerd has a conflict of interest in approving the insurance for Health Partners. The motion was approved. Council member Brainerd moved and Council member Ramaley seconded the motion to approve the Consent Agenda items b-l as amended. The motion was approved. Council member Ramaley moved and Council member Schilling seconded the motion to approve Consent Agenda item 6a. The motion was approved with Council member Brainerd abstaining. a. APPROVAL-2016 Employee Health Insurance Plan. City staff received approval from the City Council to establish its 2016 Health Insurance Plan for Non-Union Personnel with Health Partners. b. APPROVAL-Amend Employee Personnel Policy Relating to Cash Compensation for Non-Bargaining Unit Employees Who Choose Not to be Covered under the City’s Health Insurance Plan Due to Coverage Under Another Plan. An amendment to the Employee Personnel Policy providing cash compensation for non- bargaining unit employees who choose not to be covered under the City’s Health Insurance Plan due to coverage under another plan was approved. c. APPROVAL-Close City Hall Offices on December 24, 2015. Approval was given for City facilities to be closed on December 24, 2015 and employees be paid for the day. d. APPROVAL-2016 WSB Rate Schedule. The 2016 WSB and Associates Rate Schedule for engineering and planning services was approved. e. APPROVAL-Close City Offices from 11:30 a.m. to 1:30 p.m. on December 17, 2015 for Employee Holiday Lunch. City staff received permission to close City Hall on December 17, 2015 from 11:30 a.m. to 1:30 p.m. for the Employee Holiday Lunch. CITY COUNCIL MEETING MINUTES -3- DECEMBER 15, 2015 6. CONSENT AGENDA-Continued. f. APPROVAL-Resolution Decertifying TIF district #6. The City of Mahtomedi has met the obligations of the development agreement with PSA Housing in regards to the pay as you go TIF district. The agreement provided for payments to continue until the earlier of (i) the date the developer has received total principal payments of $1,226,794 or (ii) February 1, 2016. The developer will receive total payments of $774,259.42. The resolution decertifying the TIF District was approved. g. APPROVAL- Animal Impound Services Agreement with Hillcrest Animal Hospital. An amended Animal Impound Services Agreement with Hillcrest Animal Hospital was approved. h. APPROVAL- Appointment of Two Paid On-Call Captains and the Hiring of Paid On-Call Firefighter/EMT. Fire Chief Fischer recommended the appointment of John Comb and Jake Michaud as new Paid On-Call Captains. In addition, the Chief recommended the hiring of Molly Speltz as a probationary Paid On-Call Firefighter contingent upon successful completion of a criminal background check, psychological exam, and physical assessment. i. APPROVAL-City Hall Improvements (Painting) In October of this year, the City Council approved a quote for painting improvements at City Hall, however the contractor was unable to meet the obligation of the quote to perform the painting work. Staff solicited two quotes addressing door frames and an additional coat of paint if needed. The low quote is from Mample Construction in the amount of $9,487 for interior painting and $1,405 for door frame painting was approved. j. APPROVAL – Construction Pay Voucher No. 13 in the amount of $6,023.63 to T.A. Schifsky and Sons, Inc. for Phase 1 Historic District Improvement Project. Construction Pay Voucher No. 13 in the amount of $6,023.63 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. was approved. CITY COUNCIL MEETING MINUTES -4- DECEMBER 15, 2015 6. CONSENT AGENDA-Continued. k. APPROVAL-2015 Audit Engagement Letter. The 2015 Audit Services Letter of Engagement with Clifton LarsenAllen was approved. The estimated cost of the audit is $36,000. l. APPROVAL-Resolution Accepting Donations for Fire Department. Resolution No. 2015-51 accepting donations for the Fire Department was approved. 7. PUBLIC HEARINGS 7a. CONSIDER APPROVAL – Ordinance Amending Mahtomedi City Code, Chapter 15, Section 15.04, Subdivisions (1)(B), 4, and 5 Relating to Inspection of Subsurface Sewage Treatment Systems (SSTS) City Engineer Jay Kennedy provided an overview of the proposed ordinance. He said the proposed amendment includes mandatory updates related to the recently adopted Washington County SSTS ordinance and changes to require additional inspections of septic systems in the City. A notice of public hearing was mailed to 120 property owners with known septic systems in the City. He also outlined some of the definitions used in the ordinance. Certified Inspection: Inspection completed by a MN Pollution Control Agency certified person who is qualified to design, install, or inspect septic systems. A routine pumping is not a certified inspection Certificate of Compliance: Is written after a compliance inspection, certifying that a system is in compliance at the time of inspection with applicable requirements and is valid for 3-years Imminent Health Threat: Generally septic systems that allow sewage to flow above ground, back-up in a home, or allows contact with humans, insects, or vermin. Failing to Protect Groundwater: Seepage pits, cesspools, drywells, leaching pits, sewage tanks. Generally septic systems that leak below operating depth or don’t have adequate separation from groundwater/seasonal groundwater. Engineer Kennedy outlined the proposed inspection process. Systems constructed after 3/31/96 with a valid permit and meets new construction standards are inspected every six years. Systems constructed before 3/31/96 and meets existing construction standards CITY COUNCIL MEETING MINUTES -5- DECEMBER 15, 2015 7a. Continued. are inspected every three years. If it’s found during inspection they fail to protect groundwater, they have six months to correct it and may have a six month extension option. They need to be inspected every three years. If it’s found they are an imminent health threat, they have 10 days to take it offline and 90 days to correct it. They need to be inspected every three years. Mayor Marshall opened the public hearing at 7:43 p.m. Larry Lanue, a City of Grant resident, said the City could be liable once they start inspecting septics. Tim DeWuske, 170 View Road, asked what the cost of an inspection is. Engineer Kennedy said $300-$500 per inspections. Mr. DeWuske said he had new system installed in 2006 and said it’s totally unnecessary that he should have to pay to have it inspected. Mr. DeWuske talked about several other items that were unrelated to the septic ordinance. Kathleen Groh, 114 Bichner Lane, said she is happy to hear the systems are being inspected. Jason Burak, 240 Dwinell, asked if you could have a system that is non-compliant, but not affect groundwater or an imminent health threat. He also thanked council and staff for their consideration of this ordinance. Engineer Kennedy said yes a system can be designated as such, it will need to be inspected every three years. John Manship asked if the wording could be changed to non-compliant but functional. Engineer Kennedy said no, it needs to be designated as one or the other. Charles Lindberg, 255 Hazel, thanked the council for working through this issue. Al Holcomb, 182 Bevins, thanked everyone for considering this issue. He asked what an inspection entails. Engineer Kennedy said he would contract Mr. Holcomb with the information. Mayor Marshall closed the public hearing at 8:06 p.m. CITY COUNCIL MEETING MINUTES -6- DECEMBER 15, 2015 7a. Continued. Council member Schilling commented that some people may think that getting their system pumped is the same as an inspection. Engineer Kennedy said correspondence will be sent to septic owners outlining the new ordinance and what is needed to be done to be declared compliant. Council member Ramaley said if a neighborhood finds that many systems are non- compliant, they can petition the City for improvements. Council member Brainerd moved and Council member Schilling seconded the motion to approve Ordinance No. 2015-06 Relating to the Inspection of Subsurface Sewage Treatment Systems. The motion was approved. 8. STAFF REPORTS 8a. CONSIDER APPROVAL –Request from Peter and Laura Hoefler for a Conditional Use Permit to allow the demolition and reconstruction of a house that would not meet the required corner side yard setback on property located at 902 Park Avenue. City Planner Erin Perdu said the City is in receipt of an application from Peter and Laura Hoefler 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 December 9, 2015 meeting. The Applicant is proposing to demolish the existing home and build a new home. The proposed new home will reduce the non-conformities of the existing home; however the corner of the new house and porch do not meet the minimum corner side yard setback requirement in the R1-E Historic Mahtomedi District. City Code states that the required corner side setback for a home in the R1-E district is twenty (20) feet. The applicant is requesting a 4’ 10 3/8” exception to this side setback as allowed via a Conditional Use Permit in the R1-E to allow for the corner of the proposed porch to be located 15’ 1 5/8” from the corner (south) side lot line. Engineer Kennedy said the final site plans will be reviewed by the engineer as part of the Building Permit Application, but we expect that a home could be constructed in the proposed envelope with minimal grading and drainage impacts. The construction of a new home may provide an opportunity for the property owner to correct or improve an existing low point that exists between the current foundation and Iris Street. The property CITY COUNCIL MEETING MINUTES -7- DECEMBER 15, 2015 8a. Continued. owner should coordinate proposed site grades with the City and the upcoming street improvement project prior to construction. The current property has two impervious parking areas; a gravel driveway off of Summit Avenue and a gravel parking area off of Iris Street. In conjunction with building reconstruction the property must meet the existing code allowing one paved driveway and attached parking pad. The secondary gravel parking pad will need to be removed. Council member Ramaley said she would like to see the Iris Street parking pad removed. There was general consensus to include in the resolution additional language to reflect the removal of the parking pad and to access the driveway off of Summit Street. Council member Deans moved and Council member Ramaley seconded the motion to approved Resolution No. 2015-52 Approving a CUP to Allow for a Reduction in the Corner Sideyard Setback for the purpose of building a new home at 902 Park Avenue. The motion was approved. 8b. CONSIDER APPROVAL-Strategic Visioning and Planning Session Proposal. City Administrator Neilson said every two years usually in January or February, the City Council and Management staff hold a strategic visioning and planning session. It is proposed this year’s session be divided up into two three hour sessions facilitated by Holly Johnson of Lanterna Consulting, Inc. Holly has strategic planning experience working with government agencies including the municipalities of Eagan and South St. Paul. The cost of Ms. Johnson’s services is $3,690.00. Funds are budgeted for the visioning and planning session. Council member Schilling moved and Council member Deans seconded the motion to approve hiring Lanterna Consulting and to schedule the first session on January 14, 2016 from 5:00 to 8:00 p.m. Council member Brainerd suggested conducting another survey could be part of the session. Administrator Neilson said it possibly could be in the 2017 budget. 8c. DISCUSSION-Update on Hazardous Building at 115 Spruce Street. City Attorney Jay Karlovich provided an update on the process relating to the Resolution approved by the City Council on November 4, 2015 ordering the repair of the hazardous building at 115 Spruce Street. CITY COUNCIL MEETING MINUTES -8- DECEMBER 15, 2015 8c. Continued. He said his office is moving forward with obtaining a court order ordering the record owner of the property to correct the hazardous conditions on the property or raze the structure, and if the owner fails to do so, authorizing the City to do the same and to assess the costs of the same against the property. A court action has been initiated in Washington County District Court and a hearing will be scheduled. d. CONSIDER APPROVAL-Bill List Council member Deans 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 construction on the Piccadilly is on schedule. He said there have been two bee keeping permits issued with one pending. He said there is one resident being prosecuted for not hooking up to sewer from the Old Wildwood Road Improvement project. 10. COMMENTS FROM THE CITY COUNCIL Council member Ramaley said she has a new evaluation form for Administrator Neilson’s annual review which will be scheduled soon. Council member Brainerd said there is training for elected official in January put on by the League of Minnesota Cities that he would like to attend. Council member Schilling provided a summary of the Friends of White Bear Lake meeting he attended. He said they are a nonprofit lobbying group and are requesting the 2016 Minnesota Legislature fund a capital improvement bond. He suggested meeting with city representatives to discuss the issues. Council member Ramaley said she feels it is a little too early to meet with everyone and has a problem with giving money without more information. Council member Brainerd suggested the City consider a resolution in support of the concept of augmentation. He asked if we can give money to them for the lobbying of this issue. He also said we need to think about what, as a City, we should be doing. There are a lot of questions to be answered. CITY COUNCIL MEETING MINUTES -9- DECEMBER 15, 2015 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Schilling moved and Council member Deans seconded the motion to adjourn the meeting at 9:10 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR