City Council

MAHTOMEDI CITY COUNCIL MINUTES JUNE 21, 2016 Mayor Jud Marshall convened the regular City Council meeting at 7:00 p.m. with Council members Timothy Deans, Joel Schilling and Lael Ramaley in attendance. Council member Brainerd was absent with prior notice. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Planner Hannah Rybak, City Engineer Jay Kennedy 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 Schilling moved and Council member Ramaley seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS 4a. 15 Year Service Award – Jerene Rogers Mayor Jud Marshall presented Jerene Rogers with a 15 year service award and thanked her for her years of service to the City. 5. DISCUSSION FROM THE AUDIENCE Steve Wolgamot was present to talk about a new program he is working on. It is called Neighbor Ways, where landowners grant permission to walk across their property to get from one path to another. They hope to do this all over the city. 6. CONSENT AGENDA Council member Deans moved and Council member Schilling seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-Schedule Council Work Session for July 19, 2016 at 5:30 p.m. to discuss the proposed Predatory Offender Housing Ordinance. A work session was scheduled for July 19, 2016 at 5:30 p.m. to discuss the proposed Predatory Offender Housing Ordinance. CITY COUNCIL MEETING MINUTES -2- June 21, 2016 6. CONSENT AGENDA-Continued. b. APPROVAL-Construction Pay Voucher No. 2 in the amount of $409,509.28 for Phase 2 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. Construction Pay Voucher No. 2 in the amount of $409,509.28 for Phase 2 Historic District Improvement Project for T.A. Schifsky was approved. c. APPROVAL-Construction Pay Voucher No. 4 in the amount of $8,545.97 for Wedgewood Park Infiltration BMP Project for Belair Sitework Services. Construction Pay Voucher No. 4 in the amount of $8,545.97 for the Wedgewood Park Infiltration BMP Project for Belair Sitework Services was approved. d. APPROVAL-Construction Pay Voucher No. 1 in the amount of $111,138.92 for the Hamline Lake Streetcar Trail Improvements for Park Construction. Construction Pay Voucher No. 1 in the amount of $111,138.92 for the Hamline Lake Streetcar Trail Improvements for Park Construction was approved. 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL – Donation Agreement By and Between George J. Reiling (Donor) and the City of Mahtomedi (Donee) for the Donation of Approximately 23.035 Acres of Real Property Located in the City of Mahtomedi. City Administrator Neilson said George J. Reiling wishes to donate approximately 23.035 acres of real property comprised of six (6) separate tax parcels to the City of Mahtomedi. City Attorney Jay Karlovich said George Reiling will donate the Real Property to the City by way of a Donation Agreement and Warranty Deed executed by both parties. The City will pay the closing costs associated with the conveyance. The City will also pay the recording fee to record the Warranty Deed with the County. George J. Reiling has paid the 1st half real estate taxes for 2016 and the City will pay the 2nd half real estate taxes for 2016 estimated to be $832. CITY COUNCIL MEETING MINUTES -3- June 21, 2016 8a. Continued. Council member Deans moved and Council member Ramaley seconded the motion to approve Resolution No. 2016-31 Authorizing the Donation of Real Property to the City by George J. Reiling. The motion was approved. Council member Ramaley moved and Council member Deans seconded the motion to approve Accepting the Donation Agreement Between George Reiling and The City of Mahtomedi for Approximately 23.035 Acres of Property in the City of Mahtomedi. The motion was approved. 8b. CONSIDER APPROVAL- 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 Engineer Jay Kennedy 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. This item was previously discussed at the May 17, 2016 City Council meeting, but was referred to the Parks Commission for their input. When received by the City Council on May 17, 2016, the question was raised as to whether an access easement should be required to connect Birchwood Road to the Lost Lake Open Space. This open space is located west of TH 244 and within the Wildwood Park parcel. Another question was raised regarding whether the City should require the developer to install a trail segment or donate a trail easement along the north side of the property in conjunction with the subdivision. The City’s Comprehensive Plan currently indicates this corridor as a future trail connection to Birchwood Village and eventually around White Bear Lake. The City Council tabled the proposed subdivision and requested that the Parks Commission review the questions raised and provide recommendations. At the June 15, 2016 Parks Commission meeting the Parks Commission recommended the City Council should not require an access easement be dedicated through the Reiling/Pratt Subdivision to the Lost Lake Open Space in conjunction with subdivision approval. The Parks Commission also recommended the City Council should not require a multi‐ use trail segment be constructed or a trail easement be dedicated. CITY COUNCIL MEETING MINUTES -4- June 21, 2016 8b. Continued. The Applicant is proposing to split the existing 2.06-acre property into three parcels. The property is currently vacant. Each resulting lot would be developed for single-family residential use. Lots within the R1-D Zoning District are required to meet the following minimum dimensional criteria: 1. Lot Area: 10,400 square feet; 2. Lot Width: 80 feet 3. Lot Depth: 120 feet 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 park land dedication. 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 minimum buffer requirement of 30 feet and an average buffer requirement of 50 feet. Sheet C1.02 of the submittal packet 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 . CITY COUNCIL MEETING MINUTES -5- June 21, 2016 8b. Continued. 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 developer 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 Schilling asked how things that are discussed as part of a project memorialized. What happens to the documents 5 years down the road if someone wants to look at them to determine what action was taken on a certain item? City Attorney Karlovich said resolutions and minutes usually spell out any action taken at a meeting. He also said agendas and anything that is part of the agenda is kept as a permanent record. Council member Schilling moved and Council member Ramaley seconded the motion to approved Resolution No. 2016-24 Approving a Minor Subdivision to Create Three Lots from the Current One. The motion was approved. CITY COUNCIL MEETING MINUTES -6- June 21, 2016 8c. CONSIDER APPROVAL- Request from Ross and Kelley Metz for a Conditional Use Permit for a side yard setback reduction in order to construct an attached garage at 59 Neptune Street. The City is in receipt of an application from Ross and Kelley Metz for the request outlined above. The application has been reviewed by City staff and consultants and is in order for consideration at this time. City Planner Hannah Rybak said the Applicant’s request for a conditional use permit for a reduction in the side yard setback to allow for the construction of an attached garage in the R-1E Historic Mahtomedi District are reasonable and consistent with the City’s Comprehensive Plan and Zoning Code. Based on our review, staff recommends approval of the conditional use permit request. At their June 8, 2016 Regular Meeting, the Planning Commission unanimously recommended conditional approval of the requested conditional use permit. The Applicant is proposing to remove an existing carport and replace it with a new attached garage. The new design is intended to improve the look and functionality of the garage area. The proposed garage does not meet the minimum side yard setback requirement in the R1-E Historic Mahtomedi District. Final site grades will be reviewed with the final building permit application. Gutters must be installed and directed away from the adjacent properties and in the general direction of the existing drainage. With the building permit application, the applicant will be required to provide documentation on the structural integrity of the existing retaining wall adjacent to the proposed garage or drawings associated with new wall construction. Council member Deans moved and Council member Ramaley seconded the motion approved Resolution No. 2014-29 Approving a Conditional Use Permit to Allow for a Reduction in the Side Setback for the Purposed of Build an Attached Garage at 59 Neptune Avenue. The motion was approved. 8d. CONSIDER APPROVAL-Request from Christopher and Elizabeth Zipko for a rear yard setback variance in order to construct a deck at 599 Eastgate Parkway. The City is in receipt of an application from Christopher and Elizabeth Zipko for the request 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 approval at their June 8, 2016 meeting. CITY COUNCIL MEETING MINUTES -7- June 21, 2016 8d. Continued. City Planner Rybak said the Applicant is proposing to construct a 23-foot by 14.5-foot, deck at the property located at 599 Eastgate Parkway. The primary building is located 27.6 feet from the rear property line, which causes the need for a rear setback variance in order to construct a deck off of the back of the home. The Applicant is requesting a variance of 3.4 feet from the required minimum rear yard setback of twenty-five (25) feet. The deck (excluding the steps and landing) will be located 21.6 feet from the rear property line. The proposed project will also require some reconfiguration of doors and windows. The existing sliding glass door faces northwest. The Applicants wish to construct the deck off of the opposite side of their home, so that it faces the retention pond. In order to do so, they will need to relocate the sliding glass door to face southeast. The existing sliding glass door on the northwest wall will be replaced with a transom window. This work will not require any variances. There were no engineering concerns with this application. Council member Schilling moved and Council member Deans seconded the motion to approve Resolution No. 2016-30 Approving a Variance to Allow for a Reduction in the Rear Setback for the Purpose of Constructing a Deck at 599 Eastgate Parkway. The motion was approved. 8e. CONSIDER APPROVAL – Request from Jonathan Faraci, on behalf of the Farrar Estate, for a variance to create a buildable lot on property described as PID 32.030.21.33.0006 (located on Lincolntown Avenue) that does not meet the required lot area and lot width in the RR – Rural Residential zoning district. The City is in receipt of an application from Jonathan Faraci, on behalf of the Farrar Estate, 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 approval at their June 8, 2016 meeting. Planner Rybak said the Applicant is requesting a variance of 0.11 acres (4,956 sf.) from the required minimum lot area of one (1) acre, and a variance of eighty (80) feet from the required minimum lot width of one-hundred-sixty (160) feet. The Applicant’s intention is to be able to sell the lot as “buildable” for a single-family dwelling. The lot was created prior to current ordinance requirements. In evaluating the appropriateness of granting these variances, staff offers the following comments on the buildability of the lot: CITY COUNCIL MEETING MINUTES -8- June 21, 2016 8d. Continued. The applicant has provided a report from certified wetland delineator indicating that there are no wetlands on or adjacent to the site. Because there are no public water or sewer services to this property, the site must have appropriate locations for well and septic fields. The applicants have supplied a survey showing prospective primary and secondary septic locations. These locations must be approved by Washington County (in writing) as a condition of variance approval. The property is located along Long Lake (south) and is in the Shoreland Overlay District. There is also a bluff identified on the property. Therefore, both shoreland overlay structure and impact zone setbacks and bluff impact zones must be respected when determining a permissible building envelope. The survey submitted shows the location of the top of the bluff as well as the location of the shoreline. The required structure setback from the shoreline (100 ft.) is within the bluff impact zone. Therefore, the bluff impact zone (30 ft. from the top of the bluff) is more restrictive than the shoreland impact zone and structure setbacks. Outside of the bluff impact zone, there is approximately 270’ of depth remaining on the lot (between the bluff impact zone and the required front setback line). The survey depicts a 40-foot wide roadway easement running through the center of the property. However, it was determined that it is a private easement and does not require any action on the City’s part to vacate it. The remaining building envelope, given the required setbacks from the bluff impact zone and shoreland, and the required side setbacks, it appears that there are two available building sites on the lot: behind (east) of the secondary septic site or in front of (west) of the primary septic site. Staff has requested confirmation from the applicant that a “ghost house” could be placed on either of those sites and accommodate the necessary well and septic systems. Final site grades and drainage patterns will be reviewed with the building permit application. Stormwater management to slow down or treat stormwater may be required prior to the bluff impact zone as recommended by the DNR. The applicant will be required to obtain and provide copies of septic sewer and well permits from Washington County and the DNR respectively. The City has received notice that a SSTS permit application has been applied for by the applicant and is under review at the county. The primary and secondary site locations investigated are shown on the site survey. The final site plan must conform to City ordinances related to structure requirements, tree clearing, and topographic alterations within the shoreland and bluff impact zones along Long Lake (South). CITY COUNCIL MEETING MINUTES -9- June 21, 2016 8e. Continued. Council member Ramaley asked how the easement would be disclosed to a potential buyer. Attorney Karlovich said typically the seller would disclose the condition, but it is also up to the buyer to be aware of what they are buying. Council member Schilling moved and Council member Deans seconded the motion to approve Resolution No. 2016-31 Approving a Minimum Lot Area and Width Variance for Property on Lincolntown Avenue. The motion was approved. 8f. DISCUSSION– Receive Petition for Sanitary Sewer on Bevins Lane. City Engineer Kennedy said on May 23, 2016, six (6) property owners along Bevins Lane petitioned the City for a public improvement project providing for the construction of sanitary sewer and necessary appurtenances pursuant to Minnesota Statutes Chapter 429. The improvement project for Bevins Lane could install a sanitary sewer main starting at the Bevins Lane cul de sac, with gravity flow to Warner Avenue. A forcemain would be installed in Warner Avenue to pump sewage north past 5 lots on Mahtomedi west side of Warner Avenue and past 5 lots on the Pine Springs east side of Warner Avenue to tie into an existing sanitary sewer manhole located in the Warner Avenue right-of-way. The total frontage of owners affected by the project is 2,811.24 feet and the total frontage of petitioners is 1,554.24 feet. Therefore, the petitioners constitute approximately 55.3% (1,554 feet/2,811.24 feet) in frontage of real property abutting a project for the extension of utilities for Bevins Lane. The petition has been signed by the required percentage (i.e. 35% or more in frontage) to authorize a successful Council vote ordering the project by a majority of all members of the Council pursuant to Minnesota Statutes §429.031(f). While other property owners on the Pine Springs east side of Warner Avenue will not receive an extension of utilities adjacent to their property may be inconvenienced by the construction of the water and sanitary sewer utilities along westerly Warner Avenue, they are not “affected” property owners as defined in Minnesota Statutes §429.035. Engineer Kennedy said his recommendation would be to hold a neighborhood meeting with property owners to discuss the petition and scope of improvement project, report back to Council and potentially authorize a Feasibility Study. Council member Schilling asked if water is in the discussion. Engineer Kennedy said no, not at this time, but would bring it up at the neighborhood meeting. CITY COUNCIL MEETING MINUTES -10- June 21, 2016 8e. Continued. Council member Deans asked how this fits in to the Capital Improvement Project. Engineer Kennedy said when the CIP is discussed this fall it could be included at that time. Council member Ramaley said the City should let the entire South Warner area know about the potential sewer project. Engineer Kennedy said he would like to talk to the petitioners first to see if they are still interested, then possibly include the rest of the area. Council member Schilling asked how costs incurred now would be recouped. Engineer Kennedy said the costs are tracked and if a project is authorized those costs would then be included as part of the project. Council member Ramaley moved and Council member Schilling seconded the motion to approve Resolution No. 2016-33 Regarding the Sufficiency of a Petition for a Bevins Lane Public Improvement Project. The motion was approved. 8g. 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. 9. REPORT FROM THE CITY ADMINISTRATOR Administrator Neilson said after the recent heavy rain fall, an area in the Glenmar neighborhood had areas of ponding water and neighbors were concerned about their basements flooding. Engineer Kennedy provided an overview of the drainage channel maintenance project that was completed during the 2012 Street Improvement Project. He said there is a pipe under Warner Avenue that could be looked at to see if it was plugged or if there is another issue that is causing the problem. Administrator Neilson said the Washington County HRA has hired Chris Eng as the Economic Development Director. Administer Neilson said he would be meeting with him in the near future. CITY COUNCIL MEETING MINUTES -11- June 21, 2016 10. COMMENTS FROM THE CITY COUNCIL Council member Ramaley said the Farmers Market started on Saturday and the turnout was good and the parking didn’t seem to be an issue. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Ramaley moved and Council member Schilling seconded the motion to adjourn the meeting at 8:40 p/m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR