City Council

MAHTOMEDI CITY COUNCIL MINUTES OCTOBER 18, 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 Chris LaBounty, City Planner Erin Perdu, Fire Chief Terry Fischer, Finance Director Scott Schaefer and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Brainerd 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 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 Schilling moved and Council member Brainerd seconded the motion to approve the Consent Agenda as presented. The motion was approved with Council member Deans abstaining due to him being a member of the Fire Relief Association. a. APPROVAL-Mahtomedi Fire Pension Increase. The Mahtomedi Fire Relief Association received Council approval to increase the members’ pension from $4,900 per year of service to $5,200. The pension increase will be effective after 12/30/2016. b. APPROVAL-Joining the statewide volunteer firefighter retirement plan. The Mahtomedi Fire Relief Association received Council approval to join the statewide volunteer firefighter retirement plan. PERA will administer the plan effective 1/1/2017 with special fund assets being transferred to PERA on 12/31/2016. CITY COUNCIL MEETING MINUTES -2- OCTOBER 18, 2016 6. CONSENT AGENDA-Continued. c. APPROVAL-Request from City of Pine Springs for 2016-2017 Snow Plowing. The City Council approved the 2016-2017 request from Pine Springs for snow plowing and de-icing Warner Avenue from O.H. Anderson School south to 62nd Street and 62nd East to Hilton Trail. d. 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, November 19, 2016. St. Jude of the Lake Church, 700 Mahtomedi Avenue, received Council permission to hold a gambling activity and sell beer and wine at Turkey Bingo on Saturday, November 19, 2016. e. APPROVAL-Construction Pay Voucher in the amount of $340,917.45 to T.A. Schifsky and Sons, Inc. for Phase 2 Historic District Improvement Project. Construction Pay Voucher in the amount of $340,917.45 to T.A. Schifsky and Sons, Inc. for the Phase 2 Historic District Improvement Project was approved. 7. PUBLIC HEARINGS-None 8a. CONSIDER APPROVAL – A request from Jonathan Faraci, on behalf of the JEBCO Group, Inc., for a minor subdivision to create two lots, and variances to create buildable lots that do not meet the required lot area and lot width in the RR – Rural Residential Zoning District, for property described as PID 32.030.21.33.0001 The City is in receipt of an application from Jonathan Faraci, on behalf of the JEBCO Group, Inc. 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. City Planner Erin Perdu said the Applicant is requesting a minor subdivision in order to create two (2) residential lots. This lot is unusual because the property has an entirely separate property in the middle of the parcel. The parcel does not connect through the middle at all, but both pieces have the same PID. The intent of the subdivision is to create two lots out of the two pieces of the original parcel. CITY COUNCIL MEETING MINUTES -3- OCTOBER 18, 2016 8a. Continued. In order to declare the lots created by the subdivision “buildable” for a single family home, several variances are requested. For proposed “Parcel 1”, a variance of 52.1 feet from the required minimum lot width is requested. The proposed width of the lot is 107.9 feet, where 160 feet is required. The proposed “Parcel 2” requires two variances. The first is a 0.08 acre variance from the required minimum lot area of one (1) acre. The lot is proposed to have an area of 0.92 acres. The second is an eighty (80) foot variance from the required minimum lot width of one-hundred-sixty (160) feet. The proposed lot width is eighty (80) feet. Please note that the variance requests will be presented first, as denial of these requests would eliminate the need for the minor subdivision. The variance requests are discussed as if the subdivision has already occurred, and are in terms of the two individual parcels. Staff notes that if the parcel were to not be subdivided and a single family home was proposed, it would technically meet the lot area and lot width requirements, as both parcels are combined. However, for practical purposes staff recommends against having a lot that is not contiguous, as it is now. Well and septic locations: 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 applicant will also demonstrate that houses on the lot can be constructed to meet the minimum required septic system and well setbacks as set forth by Washington County and the Department of Health. Shoreland and Bluff Impact Zones: 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 250’ of depth remaining on the lot (between the bluff impact zone and the required front setback line). Building Envelope: 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 CITY COUNCIL MEETING MINUTES -4- OCTOBER 18, 2016 8a. Continued. applicant that a “ghost house” could be placed on either of those sites and accommodate the necessary well and septic systems. 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 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 Chris LaBounty said the 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 & well permits from Washington County and the MDH 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). Council member Ramaley moved and Council member Deans seconded the motion to approve Resolution No. 2016-51 Approving Minimum Lot Area and Width Variances for the Property on Lincolntown Road. The motion was approved. Council member Ramaley moved and Council member Deans seconded the motion to approve Resolution No. 2016-52 Approving a Request for a Minor Subdivision to Create Two Lots from the Current One Lot for the Property on Lincolntown Road. The motion was approved. 8b. CONSIDER APPROVAL – A request from Minnesota Cemeteries Corporation for a conditional use permit for the excavation and filling of property located at 3400 Century Avenue North The City is in receipt of an application from Minnesota Cemeteries Corporation 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. CITY COUNCIL MEETING MINUTES -5- OCTOBER 18, 2016 8b. Continued. City Planner Perdu said the Applicant is requesting a CUP for grading or excavation in excess of 100 cubic yards which includes tree removal, tree planting, and erosion control of approximately two (2) acres of land. The CUP request is to complete grading to correct unapproved grading that had previously taken place. In addition a tree survey was completed based on a historic survey. The CUP application includes tree planting consistent with City Ordinance requirements. Engineer LaBounty said final site grades and stormwater report indicate that the proposed grades will result in a condition where stormwater runoff from the site will be equal to or less that pre-grading conditions that could have existed. This was evaluated for the design 100-year 24-hour flood event at each discharge point from the site. The final grades submitted for grading permit will be required to be in such a way as to not increase stormwater discharge. The applicant will be required to provide a planting plan with the grading permit application that meets or exceeds the City’s tree preservation ordinance. The applicant will be required to apply for and provide proof of permits from both the watershed district and Minnesota Pollution Control Agency prior to beginning work. Planner Perdu said in the application process of this request, it was found that a neighboring property had installed a tennis court on the cemetery property. This issue will be sent to Code Enforcement for review. Engineer LaBounty said there was discussion at the Planning Commission to hold a neighborhood meeting to provide input on the landscaping plan. Mayor Marshall asked what type of trees were removed. Michelle Whalen, the engineer for applicant, said there were a lot of elms and other dying trees that were removed. Council member Brainerd moved and Council member Ramaley seconded the motion to approve Resolution No. 2016-54 Approving a Conditional Use Permit to Allow for Grading, Filling and Excavation in Excess of 100 hundred cubic yards at 3400 Century Avenue. The motion was approved. CITY COUNCIL MEETING MINUTES -6- OCTOBER 18, 2016 8c. CONSIDER APPROVAL – Request from the City of Mahtomedi for site plan approval for the renovation of the Veteran’s Memorial in Triangle Park within the City’s corporate limits The City is in receipt of an application from the City of Mahtomedi 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. City Planner Perdu said the attached site plan depicts proposed improvements to the Veteran’s Memorial at Triangle Park. This site plan was recommended for approval by the Planning Commission at their October 12, 2016 regular meeting. The site plan requires City Council approval because of the increase in impervious surface. The design aims to update the memorial area and make it more visible to the community. It is also mindful of the large MnDOT right-of-way along Mahtomedi Ave. Significant effort was made to keep all elements of the design, including the woodchip “Memorial Garden Walk”, out of that right-of way in order to simplify the process. Council member Schilling asked if LED lighting could be used in place of the current lighting if money is available. He also asked if the Triangle Park parking lot could be milled and overlay as part of the Stillwater Road project. Council member Schilling moved and Council member Ramaley seconded the motion to approve Resolution No. 2016-54 Approving a Site Plan Associated with Improvements to the Veteran’s Memorial at Triangle Park. The motion was approved. 8d. CONSIDER APPROVAL- Resolution Receiving Feasibility Study Recommendations of the Consulting Engineer, Calling for a Public Improvement Hearing Concerning Project 2017-01, 2017 Street Improvement Project, and Authorizing the Preparation of Plans and Specifications. At the July 5, 2016 meeting, the City Council passed a motion calling for the City’s consultant City Engineer to prepare a feasibility study for the 2017 Street Improvement Project, which includes the following roadways:  Hickory Street  Dahlia Street Engineer LaBounty said the Council is being asked to authorize the preparation of plans and specifications for the project and call for a public hearing to be properly noticed and held at the December 6, 2016 Council Meeting. CITY COUNCIL MEETING MINUTES -7- OCTOBER 18, 2016so 8d. Continued. Engineer LaBounty said the proposed improvements are pavement removal and replacement, curb and gutter improvements ADA improvements, sidewalk installation on Hickory and parallel parking on Hickory. There will also be storm sewer improvements and spot utility replacement. The estimated cost of the project is $697,000 with funding of $373,600 from State-Aid, $44,100 from Water Utility Funds, $102,500 from Storm Water Utility Funds and $176,800 from Special Assessments. The special assessments will be based on the City’s Special Assessment Policy and Fee Schedule. The preliminary project schedule will have the construction in the summer/fall of 2017. Council member Deans asked if any parking will be lost as part of the project. Engineer LaBounty said no, there will be parallel parking implemented on Hickory Street. Council member Ramaley suggested keeping the businesses informed during construction, so they can tell their customers if they need to park somewhere else during the construction. Council member Deans moved and Council member Brainerd seconded the motion to approve Resolution No. 2016-2016-55 Receiving the Feasibility Study and Calling for a Public Improvement Hearing for the 2017-01 Street Improvement Project. The motion was approved. 8e. DISCUSSION AND DIRECTION-Warner Avenue North and Maple Street Traffic Study. City Engineer LaBounty said staff has reviewed and evaluated the request for the installation of all way stop signs at the intersection of Warner Avenue North and Maple Street. Engineer LaBounty said based on the information gathered and engineering judgment, the following conclusions have been drawn: According to the MnMUTCD, an all-way stop sign is not warranted at this intersection. Sight Distance is not adequate at this intersection. Bushes and trees are obstructing sightlines for drivers looking west onto Maple Street. Based on these conclusions, an all-way stop is not recommended for installation at this intersection. The volumes on Warner Avenue are much lower than on Maple Street at this location and both roads are considered low volume, residential. CITY COUNCIL MEETING MINUTES -8- OCTOBER 18, 2016 8d. Continued. To improve safety at the intersection, the bushes and trees should be trimmed to create adequate sight distances for drivers on Warner Avenue waiting to turn onto westbound Maple Street. The Speed Limit 30 sign on eastbound Maple Street should also be made visible; currently the speed limit sign is partially covered by trees. By removing the obstructing trees and bushes at Maple Street and Warner Avenue, intersection sight distances will increase and visible signs will help convey the speed limit. Cameron Dahm, who lives at the corner of Maple and Warner, said the City needs to get out in front of this potential problem. He said he has also collected signatures supporting the all way stop. Engineer LaBounty said staff will review the location of the existing obstructions and coordinate with property owners to mitigate them. The four way stop will not be installed at this time. 8f. CONSIDER APPROVAL-Bill List Council member Deans moved and Council member Ramaley seconded the motion to approve the bills as presented. The motion was unanimously approved. 9. REPORT FROM THE CITY ADMINISTRATOR There was no report from the Administrator. 10. COMMENTS FROM THE CITY COUNCIL Council member Schilling said Punkinmania was very successful and worked well in the new space. 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Brainerd moved and Council member Schilling seconded the motion to adjourn the meeting at 8:45 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR