City Council

MAHTOMEDI CITY COUNCIL MINUTES SEPTEMBER 20, 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. Council member Richard Brainerd was absent with prior notice. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Engineer Chris LaBounty, City Planner Erin Perdu, Public Works Director Bruce Thielen, Administrative Support Specialist Patty McGing 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 Deans moved and Council member Schilling seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS John Waller, Washington County Manager to the Rice Creek Watershed Board, was present to provide an update on rule changes and other matters. He said there are grants available for cities such as the Clean Water Grant Program and the Urban Stormwater Remediation Cost Share Program. He said he could provide a more detailed report at a future meeting. 5. DISCUSSION FROM THE AUDIENCE Derek Benz, 221 Park Avenue, had concerns about the lot next door at 219 Park Avenue. He said he is trying to sell his property and feels it is an eyesore for anyone looking at this property. He said the house had burned down and now all that’s left is the foundation. He said the grass is long and there is junk stored on the property. Attorney Karlovich said the City could send a letter asking to clean up the property, but said legally they couldn’t make him remove the foundation. Jane Fredrickson, 55 Elm, asked when the utility work will be completed on the current street project. She also said Elm Street seems narrower at the top since it was paved and suggested it should be a one-way road. Engineer LaBounty said the utility work should be completed in the next two weeks. He also said the Environmental Commission reviewed the project and suggested keeping the roadway similar to what it was and the road width is similar to what it was before the construction. He said after the project is complete, the one-way option could be reviewed. CITY COUNCIL MEETING MINUTES -2- SEPTEMBER 20, 2016 6. CONSENT AGENDA Council member Ramaley moved and Council member Schilling seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-Construction Pay Voucher in the amount of $389,254.56 to T.A. Schifsky and Sons, Inc. for Phase 2 Historic District Improvement Project. Construction Pay Voucher in the amount of $389,254.56 to T.A. Schifsky and Sons, Inc. for the Phase 2 Historic District Improvement Project was approved. b. APPROVAL-Resolution Adopting Special Assessments for Lateral Utility Improvements Project 2016-01 Phase 2-Historic District Improvements. The City and ten private property owners agreed to an assessment levy pursuant to an agreement to construct private lateral utility lines. The Resolution adopting the Special Assessments and the agreements with the ten homeowners requesting the utility improvements was approved. c. APPROVAL-Agreement with Water Conservation Services, Inc. The agreement for a water system survey for both the City of Mahtomedi and the City of Willernie was approved. This is a requirement of the Water supply agreement signed with the City of Willernie. d. APPROVAL-Award Contract for 2016 Sanitary Sewer Maintenance Project. Bids were received for the project on Thursday, September 8, 2016. Four bids were received. The low bidder was Insituform Technologies USA, LLC in the amount of $145,000 which includes 84.29 linear feet of short liner. It was recommended the Council award a contract to Insituform Technologies USA, LLC. 7. PUBLIC HEARINGS-None 7a. CONSIDER APPROVAL – Consider a Resolution Ordering Certification of Unpaid Utility Charges Pursuant to Minnesota Statutes § 444.075, Subd. 3e, and § 443.29 for Collection with Payable 2017 Property Taxes Administrative Support Specialist Patty McGing said letters were sent to 178 property owners, whose utility accounts were delinquent in the amount of $124,789.69. They CITY COUNCIL MEETING MINUTES -3- SEPTEMBER 20, 2016 7a. Continued. were asked to pay their bills in full, make arrangements for payment, or appear before the City Council on September 20, 2016. She said there is a $50 Certification Fee added to each account that is sent to the County for collection. As of September 19, 2016, 111 delinquent accounts remain unpaid, totaling $83,661.52. Of the remaining accounts, 50 customers have made arrangements and/or payments. Mayor Marshall opened the Public Hearing at 7: 32 p.m. There was no public comment and the public hearing was closed. Council member Schilling moved and Council member Ramaley seconded the motion to approve Resolution No. 2016-45 Ordering Certification of Delinquent Utility Accounts to Washington County for collection with the 2017 taxes. The motion was approved. 7b. CONSIDER APPROVAL-Resolution Adopting Special Assessments for Project 2016-01, Phase 2-Historic District Improvement Project. On August 16, 2016, the City Council approved a Resolution Calling for and Ratifying an Assessment Hearing Project for Project 2016-01, Phase 2-Historic Improvement Project. A notice of hearing on the proposed special assessment was published in the White Bear Press and sent to each landowner. The cost and expense in making the improvements is $3,805,381.55. The amount to be specially assessed is $497,749.95. The remainder of the project amount namely in the sum of $3,307,631.60 shall be financed by the City. Engineer LaBounty said weather permitting, there should be substantial completion of the project by October 29, 2016, with the final wear course completed in 2017. Engineer LaBounty explained how the assessments are determined in accordance with the City’s Street Assessment Policy and they are also based on property use and improvement. The assessments are calculated over a 10-year term at a 2.95% interest rate. The Assessments can be prepaid with no interest if done so within 30 days of the Assessment Roll adoption or by October 20, 2016. A senior citizen deferral is also available for those aged 65 years and older. The assessments are as follows: Single Family/Duplex • Complete Reconstruction = $5,200/lot • Roadway Reclamation = $2,700/lot • Mill and Overlay = $800/lot Mayor Marshall opened the public hearing at 7:40 p.m. CITY COUNCIL MEETING MINUTES -4- SEPTEMBER 20, 2016 7b. Continued. Dianne Adair, 829 Park Avenue, submitted a letter objecting to the assessment on her property. Ms. Adair’s representative, also said the assessment should be deferred until the project is completed, along with he feels the property has received no benefit from the improvement and hasn’t been treated equally with the other properties being assessed. He was concerned about the retaining wall on the property being damaged during the project. He wants to know the process to file a claim if it does get damaged. He also wants to make sure there are no other assessments on the property too. Engineer LaBounty said the assessments are done according to the City’s Assessment Policy and they are based on the final assessment value. He said there are different assessment rates such as a mill and overlay, complete reconstruction, ½ units, etc. He said as far as the retaining wall, precautions were taken by doing boring instead of digging to install the utilities. Rebea Zayed, 619 and 617 Park Avenue, submitted a letter objecting to the assessments on his property. He said he would pay the $800 assessment for 617 Park and asked the assessment for 619 Park be reduced to $200. He said the only access to 619 Park is over a 10 foot easement over the 617 Park Avenue Property. Engineer LaBounty explained the assessment policy. He said if the lot is buildable, it is assessed, even if the only access is through a shared driveway. Rick Beinek, 704 Park Avenue, asked how the assessment is calculated. He said the concrete that was poured for the curb in his area, is of very poor quality and doesn’t want to pay full price for poor quality work. He asked if there is a City Advocate for the project. He said he never sees any City trucks or personnel on the project site. He said there has been many days of no work being done. He asked if there are benchmarks for this project and if we make the contractor follow timelines. He said there are no new utilities including stormwater. He said there were a couple of drains added, but there are a lot of water issues on Grove Street. He said the City should look into grants to help with the water issues. He asked why asphalt curbing instead of concrete. The asphalt doesn’t hold up. Engineer LaBounty again explained the assessment policy. He said the project does have someone overseeing it and benchmarks are in place to make sure things are completed in a timely manner and said they have all been met. He said there are weekly meetings with the contractor where updates on the project are provided. Mayor Marshall commented he sometimes attends these meetings and the contractor is well aware of the timeline for completion of the various stages of the project. CITY COUNCIL MEETING MINUTES -5- SEPTEMBER 20, 2016 7b. Continued. Engineer LaBounty said there is erosion control in place and in some spots, the road is very steep. But it seemed like every time it rained, it was several inches which caused issues with the roadway washing into the storm drains. The concrete is being reviewed and if needed it will be replaced. There is a one year warranty on the project. Engineer LaBounty said as far as the utility work being done, the gas is a private utility and is sometimes hard to coordinate with them. He said the sewer was lined and only replaced in spots as needed. He said there were two catch basins installed at the end of Grove to help with the runoff. Engineer LaBounty said the asphalt curb is being used on alleyways. Steve Gaylord, 40 Grove Street, agreed with Mr. Bienek. He said the curbing is substandard and of very poor quality and the water issue on Grove has been a problem for a long time. He said the steps at 44 Grove aren’t even and need to be looked at. Mayor Marshall closed the public hearing at 7:40 p.m. Mr. Zayed said he wanted it on record, City permission to build any house he wants without getting any variances. Mayor Marshall said that is not how it works. Planner Perdu said there is a process to follow. Council member Schilling asked if 619 Park has a house on it. Mr. Zayed said there is a house on one lot and a cabin on the other. Council member Ramaley asked if 617 Park is a buildable lot. Planner Perdu said the lot with the cabin could be rebuilt on the same footprint. Council member Schilling asked if the assessment could be deferred until the lots are combined and direct staff to work with the homeowner to provide proof of the lot combination and reduce the assessment. Mr. Bienek said he wants to see the contracts for the project and reiterated to the Council to not sweep these complaints about the project away. CITY COUNCIL MEETING MINUTES -6- SEPTEMBER 20, 2016 7b. Continued. Council member Deans asked Staff to look at the steps at 44 Grove Street. Council member Schilling moved and Council member Deans seconded the motion to approve Resolution No. 2016-46 Adopting Special Assessments for Project 2016-01. The motion was approved. 8. STAFF REPORTS 8a. CONSIDER APPROVAL – A request from P-4 Properties, LLC for a Conditional Use Permit amendment to increase the outdoor vehicle storage on the site located at 3050 Echo Lake Avenue The City is in receipt of an application from P-4 Properties, LLC 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 Perdu said the applicants are proposing a change to the previously approved CUP to allow for the reconfiguration of parking on the property and also to allow for additional parking on the site. As stated by the applicant, the reason for the change is to allow for a new company, Minnesota Central School Bus, to replace the truck repair business on the site. The new business will not conform to the original CUP in the areas of maximum allowable vehicle parking and location of bus parking. The bus company has seventy-eight total employees; four on-site employees and seventy-four drivers. The proposed use of the property for bus repair and storage is a permitted conditional use in this district. A truck repair business has been operating successfully out of this site since 2011. The proposed use is consistent with conditional use provisions and general regulations of the ordinance, except in the area of parking lot surfacing. Section 11.01, Subdivision 10.3, F, 5 states that all required parking and loading spaces and access drives shall be paved with concrete or bituminous pavement. As proposed, the majority of the parking area as well as the exit access drive are surfaced with class five gravel. In order to comply with the regulations of the Ordinance, this area would need to be paved. The Ordinance requirements for the proposed use, vehicle repair and / or service, are three spaces per service bay, plus one per employee at maximum shift. The parking the Applicant is proposing exceeds these requirements. CITY COUNCIL MEETING MINUTES -7- SEPTEMBER 20, 2016 8a. Continued. Proposed Parking: 40 foot bus 21 spaces 28 foot bus 5 spaces Mini van 10 spaces Employee Parking 59 spaces (3 of which are accessible) Section 11.01, Subdivision 10.4, A, 4, c. states that parking areas with twenty or more parking spaces shall have at least five percent of the total interior parking area landscaped with plantings. No changes are being proposed to the lighting on the site. All signage must be permitted through a separate sign permit and meet the requirements of Section 10.7 Signs. No changes to the exterior of the existing structure are proposed. The plan will be reviewed and approved by the Fire Department prior to issuance of building permits. No pedestrian walkways are shown on site plan; the area to be used for bus parking will not incur significant pedestrian activity. At the Planning Commission the existing outdoor storage outside the fence is an issue and must be cleaned up and restored as part of this approval. As far as the engineering concerns, the stormwater management was accounted for in the original site plan approval, therefore, no additional stormwater management is anticipated. The applicant will be required to file a Valley Branch Watershed District permit prior to construction. All parking and storage areas are required to be paved with an approved hard surface. Paving of the area in which the buses park must be completed by July 1, 2017. Hank Breem, a representative for P4 Properties, said they don’t want to pave the parking area and would like to leave it as class 5 gravel, as they only have a four year lease with the bus company. He said the junk along the fence will be removed. Council member Ramaley moved and Council member Deans seconded the motion to approve Resolution No. 2016-47 Approving a Conditional Use Permit to Allow Additional Vehicle Parking at 3050 Echo Lake Avenue. The motion was approved. CITY COUNCIL MEETING MINUTES -8- SEPTEMBER 20, 2016 7b. Continued. 8b. 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 said there will be a tour of the new Piccadilly Square on October 4th. The Advisory Open House is September 29th and the construction work in Katherine Abbott Park has started. 10. COMMENTS FROM THE CITY COUNCIL Council member Ramaley said she has had several good comments about the new trail at the District Ed Center. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Schilling moved and Council member Ramaley seconded the motion to adjourn the meeting at 9:02 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR