City Council

MAHTOMEDI CITY COUNCIL MINUTES JANUARY 19, 2016 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 Deans 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 Ramaley moved and Council member Deans seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS-None 5. DISCUSSION FROM THE AUDIENCE There was no discussion from the audience. 6. CONSENT AGENDA Council member Brainerd moved and Council member Deans seconded the motion to approve the Consent Agenda. Council member Brainerd asked why the Expert T Contract says there is a cost increase in 2017, if this contract is for one year and expires the end of 2016. The wording will be removed from the contract. The motion was unanimously approved. a. APPROVAL-Request from St. Jude of the Lake Church, 700 Mahtomedi Avenue, to hold a gambling activity and sell beer and wine at Turkey Bingo on Saturday, February 6, 2016. St. Jude of the Lake Church, 700 Mahtomedi Avenue, requested and received Council permission to hold a gambling activity and sell beer and wine at Turkey Bingo on Saturday, February 6, 2016. CITY COUNCIL MEETING MINUTES -2- JANUARY 19, 2016 6. CONSENT AGENDA-Continued. b. APPROVAL-City of Mahtomedi and Independent School District No. 832 Sidewalk/Trail Easement. The Hamline Lake Streetcar Trail Improvements Project proposes to construct a 10 foot bituminous trail between Briarwood Avenue and the existing streetcar trail at Maple Street. To construct the proposed trail to MNDOT State Aid design standards, permanent trail easements and temporary construction easements are required at the Mahtomedi School District Education Center property. The school district has agreed to the necessary easements for the City to construct the trail as proposed. c. APPROVAL-Schedule Board of Review Meeting for Wednesday, April 13, 2016 at 5:00 p.m. The Board of Review Meeting was scheduled for Wednesday, April 13, 2016 at 5:00 p.m. d. APPROVAL-Maintenance Agreement with Rice Creek Watershed District. A Stormwater Management Maintenance Agreement with Rice Creek Watershed District for Phase 2 of the Historic District Improvement Project was approved. e. APPROVAL–Letter of Credit Reduction for Wildwood Cove Development. Landmark Development requested a reduction in their Letter of Credit for Wildwood Cove Development. The City provided the developer a punch list of remaining construction items required to be completed prior to acceptance of the public improvements. Winter conditions have prohibited the completion of these items. It is recommended to reduce the Letter of Credit to $172,500.00. The Letter of Credit can be reduced to 10% following the completion of the remaining items. f. APPROVAL-Contract and HIPAA agreement with Expert T Billing for Ambulance billing services. The Contract and HIPAA agreement with Expert T Billing for Ambulance billing services was approved. The contract is for a five year term ending 12/31/2020. g. APPROVAL-Agreement for Meter Reading services with SL-Serco. The 2016 contract for Meter reading services with SL-Serco was approved. CITY COUNCIL MEETING MINUTES -3- JANUARY 19, 2016 6. CONSENT AGENDA-Continued. h. APPROVAL-Designate Citizens Community Federal as a depository and Authorize the City Administrator and Finance Director to execute all required forms. Citizens Community Federal Bank was added as a depository of the City and the City Administrator and Finance Director were authorized to execute all required forms. i. APPROVAL-Designate First International Bank & Trust as a depository and Authorize the City Administrator and Finance Director to execute all required forms. First International Bank & Trust was added as a depository of the City and the City Administrator and Finance Director were authorized to execute all required forms. j. APPROVAL-Extension of Site Plan, Variance and Conditional Use Permit Approvals for Gladstone of Mahtomedi Senior Cooperative. The developer of the Gladstone of Mahtomedi Senior Cooperative Project requested and received a one-year extension to November 18, 2016 on the previously approved site plan, variances and conditional use permit. 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL – Request from Lester and Robin LaRoche for a minor subdivision in order to redefine the property lines of 265 Laurel Road and PIN 17.030.21.34.0001 The City is in receipt of an application from Lester and Robin LaRoche 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 January 13, 2016 meeting. City Planner Perdu said the Applicant is proposing a minor subdivision to create two residential lots where one currently exists. There are two tax parcels comprising the property, but only one of them is a buildable residential lot. Presently, this parcel includes three originally platted lots: Lot 9, Lot 10, and Lot 11 as shown on the attached survey. The applicant proposes to move the existing parcel line roughly along the boundary between the originally platted lots 10 and 11. The resulting Parcel A is proposed to be 1.21 acres, while Parcel B would be 1.76 acres. CITY COUNCIL MEETING MINUTES -4- JANUARY 19, 2016 8a. Continued. Both properties are located within the RR Low Density Residential Zoning District and must adhere to the dimensional standards. The 2016 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 buildable residential 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 park land dedication. Engineer Kennedy said a low point currently exists on the north end of the property which has the potential to be a wetland. A review of the National Wetland Inventory did not identify a wetland in this location, but as part of any building permit application, a wetland delineation or determination of no wetlands shall be completed and review. Buffers and required setbacks will apply based on the outcome of the wetland delineation findings. A grading and drainage plan will be reviewed as part of the Grading Permit/Building Permit Application. There have not been any identified significant site drainage or grading issues that at this time would prohibit the construction of a single family home. Access location and width will be reviewed as part of the Building Permit Application. Access should be off of Laurel Avenue and adequately spaced from property lines and the intersection of Laurel Road and Quail Street. The property is currently rural and would require the construction of a well and septic system consistent with State, County, and City requirements. The property owner will need to coordinate with Washington County to get an approved site and design for a septic system on the site. The City will require proof of adequacy once Washington County has approved the location and design. The City’s Capital Improvement Plan currently has a roadway and a utility project programed for construction in 2018. If the project moves forward including the extension of sanitary sewer and watermain to this area the newly created lot will be required to hook-up to those utilities consistent with the City Code. Council member Deans moved and Council member Brainerd seconded the motion to approve Resolution No. 2016-03 Approving a Request for a Minor Subdivision to Create Two Lots for Property at 265 Laurel Road. The motion was approved. CITY COUNCIL MEETING MINUTES -5- JANUARY 19, 2016 8b. CONSIDER APPROVAL –Request from Erick Reiners, on behalf of Troy Mathwig and Bank Mutual, for a Comprehensive Plan Amendment from Community Commercial to High Density Residential, Rezoning from a Planned Unit Development Overlay Zoning District with a B-4 General Business Underlying Zoning District to a Planned Unit Development Overlay District with a R4 – High Density Multiple Family Residential Underlying Zoning District, and Site Plan Approval in order to construct a 36-unit apartment building located at 730 Wildwood Road The City is in receipt of an application from Erick Reiners, on behalf of Troy Mathwig and Bank Mutual, 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 January 13, 2016 meeting. City Planner Perdu said the applicants are proposing to develop a 36-unit market-rate apartment building on an undeveloped parcel at the Wedgewood Village Center at 730 Wildwood Road. The site is part of the Wedgewood Village PUD which was originally planned for a mixture of commercial uses. The approximately 1-acre site that is the subject of this request was included in the original PUD as a planned child daycare center. The underlying zoning district for the PUD is B-4 General Business. The original Wedgewood Village PUD was approved in 2005 and included specific retail businesses and offices including a bakery, grocery store, liquor store and drug store among others. Phase Two of the PUD was to include construction of a daycare center on the site currently proposed for apartments. To date, four of the phase one buildings have been constructed. The site proposed for apartments has been vacant since the original approval. The current proposal would allow the development of a 3-story, 36-unit apartment building consisting of a mixture of one and two-bedroom market rate units. Parking would be provided at-grade on the first level, with two floors of apartment units above. Additional parking would be provided on the exterior of the building. The City’s Comprehensive Plan 2008-2030 guides this property for Community Commercial. To accommodate the proposed development, the designation for this parcel would need to change to High Density Residential. Further, the maximum density allowed in the High Density Residential future land use designation would need to be increased from a maximum of 20 units per acre to 25 units per acre to accommodate the proposed apartment building. The City also adopted a Housing Action Plan in 2010 that describes the needs for the mix of housing in the City through 2030. Relevant policies from this document include: Housing Plan: Guide and zone property to address housing needs. CITY COUNCIL MEETING MINUTES -6- JANUARY 19, 2016 8b. Continued. Housing Mix: The City will strive to diversity the types of housing in Mahtomedi. In particular, the City will strive to allow development of additional moderate to high- density housing in appropriate areas of the city, for example in the downtown area. Policy H-2.1.c: Where guided by the Comprehensive Plan 2008-2030, promote the redevelopment of existing vacant or underutilized commercial property to include moderate to high-density housing. In particular, promote mixed commercial and moderate to high-density housing in the downtown area and near future transit hubs in the city. Ensure that the housing is consistent with the desirable character of the area. The proposed change from commercial to high density residential use on this parcel would create an appropriate transition area between the commercial shopping center and the attached residential uses on the south and east of the site. The creation of 36 market- rate multi-family rental housing units also fills a void in the housing mix in the city. Further, the chosen site for this development is a long-vacant commercial site that is buffered by existing natural features from adjacent attached residential developments. The site is also in a location that is walkable to many commercial services as well as Wedgewood Park to the north and fixed-route transit on Wildwood Rd. Further, the change to the maximum allowable density in the high-density residential district is appropriate to allow the infill development of this vacant property. The Metropolitan Council’s 2030 Regional Development Framework, for which the City’s Comprehensive Plan is based, identifies Mahtomedi as a “developed community” meaning that at least 85% of the community is developed. In reality, Mahtomedi is almost fully developed, suggesting that any future development in Mahtomedi would likely be limited to a small amount of infill development and potential redevelopment such as the proposal before you. To facilitate the infill and redevelopment of challenging sites such as this one, it is appropriate to consider higher densities than 20 units per acre in some cases. It should be noted that the density proposed on this site is in excess of what is permitted in the R-4 High Density Residential District; however, the City Council may approve higher densities through the PUD evaluation criteria described in Section 11.35 of the zoning ordinance. If a municipality changes any part of a chapter of its comprehensive plan, it must submit the comprehensive plan amendment to the Metropolitan Council for review. The Metropolitan Council has adopted guidelines for administratively reviewing Comprehensive Plan Amendments, in which the Council authorizes the Regional Administrator or designee to administratively review minor comprehensive plan amendments, provided the applications meets a prescribed list of criteria. Staff has been working with the Metropolitan Council and is required to submit the proposed text amendment along with proof of the City’s approval, if approved. The City’s approval would be contingent on the approval by the Metropolitan Council. CITY COUNCIL MEETING MINUTES -7- JANUARY 19, 2016 8b. Continued. Keeping the visions expressed in the Comprehensive Plan in mind, it appears that the Applicant’s request to increase the density limitations to allow for the development of this apartment building within the High Density Residential land use designation is in conformance with the City’s Comprehensive Plan as well as the City’s Housing Action Plan. Based on the stated goals and policies for residential land use and housing, staff finds that the requested Comprehensive Plan Amendment to change the subject site from Community Commercial to High Density Residential is appropriate. The proposed changes will fulfill a need for the housing mix in the city and allow a vacant commercial site to redevelop in a manner that is compatible with the surrounding area. With regard to the underlying zoning amendment, the proposed change to R-4 is consistent with the Comprehensive Plan amendment as proposed. It is also consistent with promoting the general welfare of the city and efficiency of the development process by allowing the infill development of a vacant commercial site to a use that is a reasonable transition between the commercial uses to the north and the medium to high density residential to the south and east. The proposed development of this site includes preservation of existing landscape buffers on the east and south, reducing the impact of the development of the site on its residential neighbors. The fact that the property has remained vacant for over ten years demonstrates that given its size, shape and lack of visibility from Wildwood Road, there is little potential for the development of the site for commercial use. The existing PUD overlay for the Wedgewood Village site is also proposed to be amended to allow for the redevelopment of this vacant piece of the property. As mentioned above, the site has been vacant largely due to the challenging placement of the parcel. The original PUD plan had designated this parcel as a future daycare center. The proposed use as a multi-family residential building will have a similar impact on the overall site and may be an improvement in terms of traffic and parking impacts. Through the PUD evaluation process, the City is empowered to approve density and intensity of use depending on the unique circumstances of a particular site. In this case, the residential density proposed (36 units per acre) is in excess of what is permitted in the underlying zoning district. This parcel was previously approved for a day care center, but was never developed due to lack of demand. The proposed apartment use is more suitable for the site and will have a similar impact in terms of intensity of development. Because the site is only one acre in size, there is no potential for significant open space preservation; the proposed plan does retain the existing natural buffer to the east and provides open space to the south of the building. More than half of the parking is designed within the footprint of the apartment building, further minimizing the impact of the development. Overall, staff believes the increase in density is appropriate to foster the infill development of this unique and challenging site. CITY COUNCIL MEETING MINUTES -8- JANUARY 19, 2016 8b. Continued. The development of this site for apartment use is an appropriate addition to the mix of uses in the area. Currently the Wedgewood Village Center includes an Aldi’s grocery store, a liquor store, medical offices and several vacant spaces. The addition of high density residential to the site would likely serve to boost the commercial viability of those vacancies and help existing businesses. The close proximity of basic services such as grocery and drug stores (across Wildwood Road) are a significant amenity to the future residents as well. The development is also designed with sensitivity to the adjacent residential uses. Townhomes and condominiums abut the subject site to the south and east. The proposed residential development, while at a higher density than the adjacent residences, will serve as an appropriate transition from commercial to residential use in much the same way that the previously planned day care center would have. The site design respects the existing natural buffers of mature trees on the east and trees and stormwater ponds to the south. Parking is located in similar locations to the previously approved day care site. With regard to design and layout, the proposed apartment building is situated logically on the site with the bulk of the parking on the ground level under the 2nd and 3rd floor apartment units. Small parking areas are located to the east and west of the building as well. The layout of the site is similar to the previously approved layout for the daycare center, except that the daycare center had a 9,800 sf. playground area to the west of the building rather than a parking area. The overall density of the building (36 dwelling units on the site that is 1.47 acres in area, or 24.5 units per acre) is in excess of the density permitted in the underlying R4 High Density zoning district. The City can approve increases to density and intensity of use as part of the PUD process described in Section 11.35 of the Zoning Ordinance. In this case, the proposed apartment building is reasonable in size and scale to the site as a whole. The increased density is necessary to make the site viable for multi-family residential development and will not create an undue burden on traffic or public facilities beyond the development that was originally approved. The building is designed with parking on the first floor (at grade) and two floors of 18 apartment units each above. All elevations include balconies and recesses in the façade to create visual variety along the long faces of the building. A variety of color also contributes to the visual impression of the facades. The predominant building materials proposed for the façade include brick veneer, masonry veneer, and EIFS. Section 10.1 Subdivision D. Building and Site Design requires that “Exterior buildings finishes shall consist of materials comparable in grade and quality to the following: brick, natural stone, decorative concrete block, cast in place CITY COUNCIL MEETING MINUTES -9- JANUARY 19, 2016 8b. Continued. concrete or precast concrete panels. Wood provided the surfaces are finished for exterior use and wood of proven exterior durability is used such as cedar, redwood, etc. Curtain wall panels of steel, fiberglass, and aluminum (nonstructural no load bearing), provided such panels are factory fabricated and finished with a durable nonfade surface with fasteners of a corrosion resistant design and provided further that the use of metal fiberglass and aluminum shall be limited to use as an accent material and not as a principal wall finish, glass curtain wall panels and stucco. Staff would encourage the applicant to consider a higher quality material to substitute for all or some of the areas proposed for EIFS on the building façade. Further, the brick and masonry veneers, while similar in appearance to brick and stone are not of comparable grade and quality to brick and stone. Staff would encourage the substitution of some or all of these veneers for higher quality materials. The proposed height of the building measures 35 feet to the top of the flat roof structure, which meets the ordinance requirements of the R4 district. However, the proposed design includes decorative parapets and alternating “bump ups” along the façade that bring the total height in some areas up to 37 feet. The City may approve these design variations as part of the PUD process if the variations contribute to innovative site plan and design techniques. In this case, the proposed design elements on the roof greatly enhance the visual impression of the building. Staff believes that the small variation in height is warranted to improve the design of the building. The Applicant is proposing to provide 76 parking spaces to serve the entire development – 16 spaces more than what the Ordinance requires. There will be 33 surface parking stalls and 43 under-building parking stalls. The parking calculations shown on the site plan use a visitor factor of “0.5” rather than the required “0.05”, thus accounting for the extra parking. Based on this, several parking spaces can (and should) be eliminated if favor of additional open space on the site. Additionally, the Ordinance requires 1 bicycle parking space per every 10 required automobile parking spaces. In this case, 6 bicycle parking spaces would be required. Bicycle parking should be added near the main entrance on the northeast side of the building. The proposed landscaping plan includes the preservation of existing trees and plantings on the eastern portion of the site as a natural buffer to the townhomes to the east. The plan also includes the addition of three deciduous trees (River Birch) to the south of the building. Overall, the plan includes more landscaping around the perimeter as well as on the interior of the site than the previously approved day care center. CITY COUNCIL MEETING MINUTES -10- JANUARY 19, 2016 8b. Continued. No additional site lighting is being proposed at this time. Any lighting proposed on the building must meet the requirements of Section 10.8 Exterior Lighting prior to issuance of building permits. At this time no signage for the building is being proposed other than the “730 Wildwood” address above the entry door on the east and north elevations. Any additional signage must be permitted through a separate sign permit and meet the requirements of Section 10.7 Signs. The Mahtomedi Fire Department is currently conducting their review of the site and preliminary building plans. All requirements for emergency access and fire code compliance as set forth by the Mahtomedi Fire Chief must be met prior to issuance of building permits. City Engineer Kennedy said the final grading and drainage plan will be reviewed as part of the Grading Permit/Building Permit Application. We have not identified any significant site drainage or grading issues with the proposed plan. The site generally drains consistent with the original PUD plan. The westerly access drive will be required to be reconfigured to align with Wedgewood Way prior to building permit application. This reconfiguration will result in the loss of one to two parking spaces, which is acceptable given the 16 extra parking spaces currently included on the site plan. The final utility plan will be reviewed as part of the Grading Permit/Building Permit Application. The original stormwater management plan was designed such that there would not be a pond discharge during a 1% probability storm. The design criteria utilized is greater than a typical project, and was based on downstream concerns within the system. The proposed project includes an increase in the amount of impervious area for this site versus that included in the original approvals. Prior to issuance of a building permit, the applicant will be required to furnish to the City an approved Rice Creek Watershed District Permit for the development, and furnish to the City a stormwater management report indicating the impact of the increased impervious to the existing stormwater facilities and any modifications to the existing system or site so that original design criteria are still met. Council member Schilling asked if this is considered a minor comprehensive plan amendment. Planner Perdu said she did speak with the Met Council and it would be considered minor. Erick Reiners, the project applicant, thanked staff for the good job outlining and describing the proposed project. He said they did hold a community meeting with the CITY COUNCIL MEETING MINUTES -11- JANUARY 19, 2016 8b. Continued. neighboring townhomes and received positive feedback from them along with some concerns. Ms. Kathleen Delessio, who lives in the Sterling Twinhomes, said she is disappointed in all the vacancies in the development, but feels this will spur development. She said she is not opposed to the building but has concerns about the three story height which would overlook the twinhomes. She also expressed concern over the noise from the delivery traffic at Aldi’s and the landscaping issues that have not been resolved since the original development was done. Mr. Reiners said, they are planning on 28’ foot trees to be planted for the buffer between the apartment building and the twinhomes. He also said there is no lighting planned for the parking lot as the lights on the side of the building would be sufficient for the parking lot. Council member Brainerd asked staff to look into the deliveries at Aldi to make sure they are done at the appropriate times. Council member Ramaley said she wants the building to be very striking and look good as an entrance to the City. Council member Brainerd moved and Council member Ramaley seconded the motion to approved Resolution No. 2016-04 Adopting A Comprehensive Plan Amendment to change from Community Commercial to High Density Residential. The motion was approved. Council member Brainerd moved and Council member Deans seconded the motion to approved Ordinance No. 2016-01 Amending the Zoning Code to R4-High Density Residential with PUD Planned Unit Development Overlay. The motion was approved. Council member Brainerd moved and Council member Deans seconded the motion to approved Ordinance No. 2016-02 Amending the PUD 2005-2 to Allow for Apartment Use at 730 Wildwood Road. The motion was approved. Council member Brainerd moved and Council member Deans seconded the motion to approve Resolution No. 2016-05 Approving the Site Plan associated with the Development of an Apartment at 730 Wildwood Road. The motion was approved. 8c. CONSIDER APPROVAL-2040 Comprehensive Planning Process Administrator Neilson said the 2040 Comprehensive Plan update has been included in the 2016 budget. To begin the process, staff and consultants have been discussing the CITY COUNCIL MEETING MINUTES -12- JANUARY 19, 2016 8c. Continued. timeline, scope of community engagement, and specific components that are necessary for the upcoming Comprehensive Plan. Planner Perdu said a Steering Committee would be comprised of two representatives from relevant City boards and commissions which will meet bi-monthly to lead the process and report back to their respective groups. Targeted, topic-based public engagement workshops and activities at community events at key intervals in the process would also be held. A project website for communication, input and an online survey would be utilized too. The completion of the Water Supply Plan in 2016 as required by the Met Council and concurrent work on the Parks Plan Update and the other elements of the Comprehensive Plan would also be done. Council member Ramaley said the Finance Commission should be included in the steering committee and the various commissions should select their own members for the steering committee. Council member Schilling moved and Council member Brainerd seconded the motion to approve the 2040 Comprehensive Planning process with the steering committee members chosen after the City Council makes the annual committee appointments in March. The motion was approved. 8d. 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 provided an update on the Chamber’s legislative meeting he attended and said he would be attending the USGS update on January 20th in White Bear Lake. Administrator Neilson said Piccadilly Square is on schedule even with the recent cold weather. Engineer Kennedy said he has been meeting with Washington County on the County Road 12 project. 10. COMMENTS FROM THE CITY COUNCIL Council member Deas reminded everyone about the Skating Party on January 24th from 12:00 – 3:00 p.m. 11. CLOSED SESSION – None Scheduled CITY COUNCIL MEETING MINUTES -13- JANUARY 19, 2016 12. ADJOURNMENT Council member Ramaley moved and Council member Schilling seconded the motion to adjourn the meeting at 9:05 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR