City Council

MAHTOMEDI CITY COUNCIL MINUTES MAY 17, 2016 Council President Tim Deans convened the regular City Council meeting at 7:00 p.m. with Council members Joel Schilling, Richard Brainerd and Lael Ramaley in attendance. Mayor Marshall was absent with prior notice. 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 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-None 5. DISCUSSION FROM THE AUDIENCE Steve Wolgamot was present to say he had attended the Birchwood City Council meeting to talk about advisory bike lanes on Hall Avenue. He said the City of Birchwood has narrowed the space between the white lines and also reduced the speed limit to 25 mph on the road and are considering removing the centerline too. Birchwood is wondering why Mahtomedi has not reduced the speed on Birchwood Road from 30 to 25 to be consistent along the entire roadway. Council member Brainerd said the speed issue was discussed previously and didn’t think the speed could be reduced. However, staff was direct to determine the correct speed limit for that roadway. Council member Schilling said he would like information from Washington County regarding the number of accidents on Birchwood Road and Hall Avenue. 6. CONSENT AGENDA Council member Ramaley moved and Council member Brainerd seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. CITY COUNCIL MEETING MINUTES -2- MAY 17, 2016 6. CONSENT AGENDA-Continued. a. APPROVAL-Construction Pay Voucher No. 6 and Final in the amount of $47,361.19 for the 2015 Improvement Project for Hardrives, Inc Construction Pay Voucher No. 6 and Final in the amount of $47,361.19 for the 2015 Improvement Project for Hardrives, Inc. was approved. b. APPROVAL-Construction Pay Voucher No. 1 in the amount of $39,746.00 for Phase 2 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. Construction Pay Voucher No. 1 in the amount of $39,746.00 for Phase 2 Historic District Improvement Project for T.A. Schifsky was approved. c. APPROVAL-Authorize Stormwater Pond Data Collection. A Stormwater Pond Maintenance Project is currently programmed in the City’s Capital Improvement Plan for completion in 2017. In advance of the proposed project, preliminary investigation of existing basins need to be completed. This work includes a review of existing drainage areas and land uses that drain to existing stormwater ponds, surveying basins, and sampling material within the pond. Staff requested and received authorization to begin preliminary investigation for the Stormwater Pond Maintenance Project currently programmed for 2017. The cost is approximately $12,000 and the funds are available in the Storm Water Fund budget. d. APPROVAL-Change Order No. 1 for Phase 2 Historic District Improvements. The Change Order for Phase 2 Historic District Improvements was approved. Work in this Change Order includes: additional tree removals recommended by the City Forester, additional fence installation, and additional watermain directional drilling and service work which will help minimize some large tree impacts in the project area. The Change Order reflects a net increase of $20,204.25 from the original contract amount of $2,897,657, or an increase of 0.70%. The change order has been reviewed and agreed upon by the contractor. e. APPROVAL-Award Contract for Gosiwin Trail Improvement Project. Quotes were received for the Gosiwin Trail Improvement Project. Three quotes were received. The low quote was submitted by Park Construction in the amount of $53,313.00. The City Council awarded the contract in the amount of $53,313.00 to Park Construction Company based on the results of the quotes received. CITY COUNCIL MEETING MINUTES -3- MAY 17, 2016 6. CONSENT AGENDA-Continued. f. APPROVAL-Solar Garden Subscription Agreements. City staff requested and received City Council approval of 19 Solar Garden Subscription Agreements with Geronimo Energy to participate in Community Solar Gardens to offset City facility energy costs. g. APPROVAL – Authorize Preparation of Plans and Specifications and Advertise for Bids for Sanitary Sewer Maintenance Program. The Sanitary Sewer Maintenance Program proposes to complete sanitary sewer main repair and lining to extend the useful life of existing sewer pipes and reduce the amount of infiltration and inflow in the City system. The project is currently programmed in the City’s Capital Improvement Program for completion in 2016. City staff received Council authorization for preparation of plans and specifications and advertise for bids. 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL – A request from Jason and Julie Deans, 368 Warner Avenue South, for a corner side yard, side yard, rear yard and size of accessory building variances in order to construct a 26’ x 32’ garage. City Planner Erin Perdu said the City is in receipt of an application from Jason and Julie Deans for the requests as outlined above. The application has been reviewed by City staff and consultants and is in order for consideration at this time. At their regular meeting on May 11, 2016, the Planning Commission recommended approval of all variances as requested, except for a reduction in the requested rear setback variance to 3 feet. This reduction (to allow the garage to be located 5 feet from the rear property line rather than the 2 feet requested) was to allow for proper maintenance of the drainage swale on the east side of the property. The Applicant is proposing to construct a new detached garage on the subject property. Currently, there is a 1-story frame house and a small shed located on the property. The proposed garage would take the place of the existing shed. The total area of the lot is 7,455 square feet, and its shape is long and narrow. The applicant is proposing a variance to allow for the garage to be 82 square feet larger than the ordinance allows (750 square feet maximum size for accessory buildings total on a lot less than 10,400 square feet). CITY COUNCIL MEETING MINUTES -4- MAY 17, 2016 8a. Continued. The Applicant is also requesting variances to the side, rear and corner side setbacks, due to the narrowness of the lot. Proposed Required Variance Request Side Yard 2 feet 5 feet 3 feet Setback Rear Yard 2 feet 8 feet 6 feet Setback Corner Side 22.23 feet 30 feet 7.77 feet Setback Size 832 sf. 750 sf. 82 sf. The proposed garage is larger than the ordinance maximum for accessory structures, but still meets the lot coverage requirements for the district. In the surrounding neighborhood there are a variety of lot sizes; most of the lots in this block of Warner Ave. (between Fernwood and Dartmoor) are quite narrow, with tight spaces for detached garages. Many of these lots are in the City of Willernie. To the south and east of the subject parcel, lots are larger in size. The lot immediately to the east is quite large for the neighborhood, with the house sitting approximately 48 feet from the property line abutting the subject parcel. Given the close proximity of the proposed garage to the neighboring properties (two feet from the side and rear property lines), staff recommends that an access and maintenance easement of at least 5 feet wide be recorded with the neighboring property owners, so that the applicant can have access to all sides of the new structure. City Engineer Kennedy said a proposed site grading plan for the area around the new structure will be reviewed with the building permit submittal. The existing drainage swale along the eastern property line will be required to be maintained or improved with proposed site grading and structure construction. To ensure proper drainage and maintenance of the existing swale, staff recommends that the variance be reduced to allow a 5-foot setback from the easterly property line and downspouts must be installed and be directed as to maintain existing drainage patterns and minimize flow to neighboring properties. City Attorney Karlovich asked if the 3 foot variance request had been withdrawn. Planner Perdu said not at this time it hasn’t been withdrawn. CITY COUNCIL MEETING MINUTES -5- MAY 17, 2016 8a. Continued. City Attorney Karlovich said the 2’ rear yard setback (6’ variance) request will have to be withdrawn before acting on the 5’ rear yard setback (3’ variance) request. Council member Ramaley moved and Council member Brainerd seconded the motion to deny the 6’ rear yard setback request. Council member Schilling voted to deny the request due to drainage issues. Council member Brainerd voted to deny the request due to drainage issues. Council member Ramaley also voted to deny the request due to drainage issues. The motion was denied 3-1 with Acting President Deans abstaining because the applicant, Jason Deans, is his brother. Council member Schilling moved and Council member Brainerd seconded the motion to approve Resolution No. 2016-22 Approving a Variance to Allow for a Reduction in the Corner Side, Side and Rear Setback Requirements for the Purpose of Constructing a Garage at 368 Warner Avenue. The motion was approved with Acting President Deans abstaining because the applicant, Jason Deans, is his brother. Council member Schilling moved and Council member Brainerd seconded the motion to approve Resolution No. 2016-23 Approving a Variance to Allow for an Increase in the Size of an Accessory Structure for the Purpose of Construction a Garage at 368 Warner Avenue. The motion was approved with Acting President Deans abstaining because the applicant, Jason Deans, is his brother. 8b. CONSIDER APPROVAL – A request from Pratt Development, on behalf of George Reiling, for a minor Subdivision in order to divide the property described as 30.030.21.41.0011, located on Birchwood Road, into three lots. City Planner Erin Perdu said the City is in receipt of an application from Pratt Development, on behalf of George Reiling, for the requests as 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 the May 11, 2016 meeting. The Applicants, Pratt Development, have submitted revised plans for the proposed minor subdivision of the property at the southeast corner of Birchwood Road and Lost Lake Court. Staff’s concerns regarding the original plans included: 1. Shoreland overlay setbacks: As originally proposed, the location of the building pad on Lot 1 did not conform to the required 75 foot shoreland overlay district minimum structure setback from Lost Lake. 2. Alterations within the shoreland and wetland buffers: The original plans included limits of grading within the wetland buffer. It was noted in the staff report that vegetation alterations include a prohibition on the clear cutting of trees and shrubs, CITY COUNCIL MEETING MINUTES -6- MAY 17, 2016 8b. Continued. but limited pruning and trimming is permissible. Topographic alternations are also permitted but restricted by City Code. Alterations shall be conducted in a manner that ensures the smallest amount of bare ground is exposed for the shortest time possible. Any alterations in wetland buffers or shoreland impact zones will be required to be restored per City ordinance and as approved by City Engineer. However, revised plans include the required 75-foot shoreland overlay setback from Lost Lake. The building envelope for Lot 1 has been revised to respect that setback. The proposed building envelope includes an irregular shape outside of that buffer. The more detailed building footprint sketch provided by Pratt Homes depicts a house footprint on Lot 1 that is similar to the homes envisioned for Lots 2 and 3. The layout also includes driveway access off of Lost Lake Court. As stated in the previous staff report, the proposed driveways will be required to meet City Ordinance requirements for width and at a safe distance from the intersection of Birchwood Road and Lost Lake Court. One other issue has arisen since the date of the first staff report: the legal description of the lots. The legal descriptions provided are based on a plat description of lots and blocks. However, the subdivision has been presented as a minor subdivision (with a certified survey map) and not a preliminary plat. Staff discussed this matter with the City attorney, and the recommended remedy is for the applicant to revise the proposed legal descriptions for the lots to metes and bounds descriptions. Based on the revised plans, staff recommended conditional approval of the minor subdivision request with the following conditions: 1. The proposed legal descriptions be revised to metes and bounds descriptions prior to approval by City Council 2. Any vegetation or topographic alterations in wetland buffers or shoreland impact zones will be required to be restored per City ordinance and as approved by City Engineer. Alterations shall be conducted in a manner that ensures the smallest amount of bare ground is exposed for the shortest time possible. This includes site grading completed within the buffer. Any site work completed in the buffer shall be stabilized with an approved native/wetland buffer seed mix. 3. Driveway locations and slopes will be finalized and approved with building permit plans. Driveways are required to meet City Ordinance requirements for width and safe distance from the intersection of Birchwood Road and Lost Lake Court. 4. All stormwater management BMPs will be the responsibility of the property owners and shall be located in drainage and utility easements as required by the CITY COUNCIL MEETING MINUTES -7- MAY 17, 2016 8b. Continued. Engineer at final review. All stormwater BMPs will be located outside of the City Right-of-Way. 5. The applicant is required to provide a copy of the signed RCWD permit to the City prior to issuance of building permit. 6. The applicant is required to provide a copy of the wetland Notice of Decision from the Rice Creek Watershed District for the delineation shown on the final building permit site plan prior to issuance. 7. The developer will be required to pay all necessary City and MCES access fees and contact the City prior to connecting to the utility mains. The roadway must be restored as approved by the City following connection. 8. The Applicant shall pay cash in lieu of parkland dedication in the amount of six thousand dollars ($6,000). The cash shall be due as stated in the Development Agreement. 9. The Applicant shall enter into a Development Agreement that is satisfactory to the City Attorney. 10. The Applicant shall enter into and record an Easement Agreement that is satisfactory to the City Attorney. 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 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. City Engineer Kennedy provided an overview of the engineering considerations. He said public utilities, city sewer and watermain utilities exist on Birchwood Road and Lost Lake Court adjacent to the proposed subdivision, and the developer is proposing to connect to the existing facilities on Birchwood Road. The developer will be required to pay all necessary City and MCES access fees and contact the City prior to connecting to the utility mains. The roadway will be restored as approved by the City following connection. The developer completed a wetland delineation for the site and wetlands were delineated on both the east and west side of the site. The development does not propose to impact the adjacent wetlands. All work located in a delineated wetland will need to be permitted with the Rice Creek Watershed District. The applicant will need to provide a copy of the wetland Notice of Decision from the delineation shown on the final building permit site plan prior to issuance. A MnRAM (Minnesota Routine Assessment Method for wetland assessments) was completed for the above referenced delineation. This report provided by Earth Science Associates, Inc., classifies the wetlands as “Manage 2”. Manage 2 wetlands carry a CITY COUNCIL MEETING MINUTES -8- MAY 17, 2016 8b. Continued. minimum buffer requirement of 30 feet and an average buffer requirement of 50 feet. The drawing that were provided shows the proposed buffer distances on each of the lots in relation to the hypothetical building envelopes for the future homes. Areas where the buffer width shrinks below 50 feet are indicated, as well as “buffer replacement” areas which compensate for those areas. The proposed buffer replacement areas more than compensate for the reductions in buffer width proposed. It should be noted that the building envelopes extend right to (or nearly to) the edge of the minimum wetland buffer on Lots 1 and 3, and site grading will be completed in the buffer. Any site work completed in the buffer shall be stabilized with an approved native/wetland buffer seed mix. The development proposes to construct bio-infiltration basins north and south of the proposed building pads. Based on the size of the subdivision and the disturbed area a RCWD permit is expected to be required for stormwater management and erosion control at a minimum. The applicant will be required to provide a copy of the signed RCWD permit to the City prior to issuance of building permit. All stormwater management BMPs will be the responsibility of the property owners and shall be located in drainage and utility easements as required by the Engineer at final review. All stormwater BMPs will be located outside of the city right-of-way. The applicant shall submit an approved drainage report and model of the proposed subdivision at the time of building permit application indicating the pre-construction and post-construction drainage patterns, culvert sizing, and EOFs. All RCWD approved stromwater BMPs, wetland buffers, and necessary storm sewer pipes not located in the city right-of-way shall be placed in a drainage and utility easement to be recorded at the time of subdivision. Driveway access to Lot 1 is proposed off of Lost Lake Court and Lots 2 & 3 is proposed off of Birchwood Road. The general proposed access points appear to be acceptable, and will be finalized and approved with the building permit plans. Driveways will be required to meet City Ordinance requirements for width and at a safe distance from the intersection of Birchwood Road and Lost Lake Court. Council member Ramaley asked how the City patrols the wetland buffer. Engineer Kennedy said signs are placed in the buffer area and homeowners usually abide by the rules for the buffer zone. Council member Brainerd asked if the City owns any land around the proposed subdivision. CITY COUNCIL MEETING MINUTES -9- MAY 17, 2016 8b. Continued. Planner Perdu said the City does own approximately 2 acres south of the proposed subdivision. Council member Brainerd asked if it is land locked and Planner Perdu said no, it is accessible from Highway 244. Council member Brainerd said the 2006 Park Plan shows a trail around the lake and maybe now is the time to consider a portion of the trail as part of this subdivision and some type of easement to access the City owned land to the south. Maybe this should be looked at by the Parks Commission to see if this is something that should be done sooner than later. Council member Ramaley said the City owned land isn’t really convenient to be used for anything. Len Pratt, the applicant for the subdivision, said the City owned land is very high and falls in a lot of overlays with a lot of rules that need to be followed in order to do anything with it. Where would the access come from? Where would people park if it becomes a park? As for the trail, a lot of water and wetland would need to be filled in in order to make a trail along the property. Council member Deans asked what is the rule on tree removal. Planner Perdu said the ordinance dictates the tree removal and replacement. Council member Ramaley asked what will be the market value of the homes. Mr. Pratt said in the $650,000 range. Council member Brained asked if the Parks Commission could look at this before a decision is made. Mr. Pratt said the trail plan needs a lot of thought and planning and isn’t as easy as it looks. Engineer Kennedy said the City does have a Park Plan and follows it. The City doesn’t typically put in short trail segments scattered around the City Council member Brainerd asked if the City should ask for an easement. Engineer Kennedy said there is plenty of easement along Birchwood Road for a trail. CITY COUNCIL MEETING MINUTES -10- MAY 17, 2016 8b. Continued. Mr. Wolgamot urged the Council to not take the parkland dedication fee, but to take parkland instead in order to have access to the City’s property. He would like the Parks Commission to look at this issue too. Residents that live in the Lost Lake Court area urged the Council to not approve the three lots as two lots would be a much better fit. Council member Brainerd moved and Council President Deans seconded the motion to refer this item to the June Parks Commission meeting for further review to determine if a trail to the City owned property would make sense. Council member Schilling said he is opposed to sending it to the Parks Commission, if we don’t have plans or funding for this piece of property now, why have them discuss it. Council member Brainerd said there are good people on the Commission and they will make a good decision one way or the other. Council member Ramaley said she is on the fence about this, and doesn’t know if the Parks Commission can decide on this by June. A roll call vote was taken with Council member Brainerd voting yes, Council President Deans voting yes, Council member Ramaley voting yes and Council member Schilling voting no. The motion passed 3-1. Council member Brainerd moved and Council President Deans seconded the motion to send a 60 day extension letter to the applicant, Pratt Development. The motion was approved. 8c. CONSIDER APPROVAL - Request from the Mahtomedi School District for Site Plan Approval for a parking lot rehabilitation and expansion at OH Anderson Elementary School located at 666 Warner Avenue South. Planner Perdu said the City is in receipt of an application from the Mahtomedi School District 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 the May 11, 2016 meeting. The applicants are proposing to add an additional parking area at the southeast corner of the existing OH Anderson Elementary School site. The request includes expanding the two-way, four-lane driveway to the east and creating a looped area with additional parking. The southern entrance drive off of Warner Ave. is also to be reconfigured and CITY COUNCIL MEETING MINUTES -11- MAY 17, 2016 8c. Continued. moved slightly to the south. This request requires site plan approval because of the increase in impervious surface on the site. The Applicant is proposing to reconfigure the parking lot southeast of the building. The plan shows that 22 regular and 2 handicap parking spaces will be removed from the current design, with a new parking lot being added to the east. Twenty nine spots will remain where they are, and 30 regular and 5 handicap spots will be added in the new parking area lot. The net effect of the reconfiguration is the addition of 8 regular and 3 handicap accessible parking spaces. The proposed layout of the driveway and parking area is logical and consistent with ordinance requirements set forth in Subdivision 10.3 Parking and Loading, Section F: Design Standards for Parking Lots and Parking Spaces. The width of the driveway at the property line is 36 feet. The maximum width at the property line is 32 unless otherwise determined by the City Engineer. In this case, the City Engineer has determined that the additional width is appropriate given the volume and type of traffic entering and exiting the site. The location of the proposed parking area meets the setback requirement for parking areas and driveways adjacent to residential properties. The size and dimensions of the proposed parking spaces also meet ordinance requirements. Engineer Kennedy said pavement removals necessary on Warner Avenue shall be shown on the plans and restored to existing conditions. Roadway patches along Warner Avenue should be contiguous (combined to be one patch) and cover the full width of Warner Avenue as approved by Public Works. Removal of hydrant and lateral to the main line shall be approved by Public Works. The applicant will be required to contact the City prior to connecting to existing utilities. The proposed hydrant shall meet new City Standards and shall be approved by the City prior to installation. The final stormwater calculations and report shall be provided to the City prior to the approval of the construction plan and grading permit including modification to existing ponds and drainage patterns, stormwater management, and water quality. All outlets shall be stabilized by an approved method. Copies of all necessary permits shall be supplied to the City prior to approval of the construction plan and grading permit. Necessary permits may include Rice Creek Watershed District, Minnesota Pollution Control Agency (NPDES Construction Stormwater Permit), Storm Water Pollution Prevention Plan (SWPPP), and Minnesota Department of Health, dependent on construction activities outlined in the final plans. CITY COUNCIL MEETING MINUTES -12- MAY 17, 2016 8c. Continued. A representative from Anderson-Johnson Associates, said they had observed the parking and traffic in and around the school both in the morning and afternoon. They said the traffic was pretty orderly considering the number of cars involved. He said they were confident the new parking lot configuration will alleviate most of the cars parking along Warner. Council member Schilling asked will people really use the loop. The representative said he thinks that with a little instruction and getting use to it, they will soon discover it’s faster than the old way of picking up and dropping off. Council member Ramaley moved and Council member Brainerd seconded the motion to approve Resolution No. 2016-25 Approving a Site Plan for a Parking Lot at 666 Warner Avenue South. The motion was approved. 8d. DISCUSSION AND DIRECTION – Stormwater Management – Edgecumbe Drive, Sivertson-Daugherty Subdivision. City Engineer Kennedy said the Sivertson-Daugherty subdivision was approved by the City Council in the spring of 2004. The development consisted of five (5) new lots, and resulted in the connection of Edgecumbe Drive between the Old Wildwood Road neighborhood and the Wildridge Pines neighborhood. The developer prepared a plan that included the installation of raingardens adjacent to the roadway as a means to manage stormwater for the development. Several residents have contacted the City concerned about the rain gardens inability to handle the water flow volume and overflow issues that result in significant runoff of water and debris. Engineer Kennedy recommended reviewing the stormwater management in the development and return with a recommendation along with costs for improvements. Council member Brainerd moved and Council member Ramaley seconded the motion to have Staff review the stormwater management and return with a recommendation which includes costs for the necessary improvements. The motion was approved. 8e. CONSIDER APPROVAL-Bill List Council member Ramaley moved and Council member Schilling seconded the motion to approve the bills as presented. The motion was unanimously approved. CITY COUNCIL MEETING MINUTES -13- MAY 17, 2016 9. REPORT FROM THE CITY ADMINISTRATOR There was no report from the Administrator. 10. COMMENTS FROM THE CITY COUNCIL Council member Schilling commented there is $150,000 included in the Legacy Bill for the White Bear Lake water level study. Council President Deans reminded everyone about the Memorial Day parade and Pancake Breakfast on Monday, May 30th. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Brainerd moved and Council member Ramaley seconded the motion to adjourn the meeting at 9:35 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK TIM DEANS, COUNCIL PRESIDENT