City Council

MAHTOMEDI CITY COUNCIL MINUTES NOVEMBER 15, 2016 Mayor Jud Marshall convened the regular City Council meeting at 7:00 p.m. with Council members Joel Schilling, Richard Brainerd and Lael Ramaley in attendance. Council member Tim Deans was absent with prior notice. City Administrator Scott Neilson, City Attorney Jay Karlovich, City Engineer Chris LaBounty, City Planner Hannah Rybak and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Schilling moved and Council member Ramaley 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 Schilling 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 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 No. 7 in the amount of $355,681.33 for T.A. Schifsky and Sons, Inc. for Phase 2 Historic District Improvements. Construction Pay Voucher No. 7 in the amount of $355,681.33 for Phase 2 Historic District Improvement Project for T.A. Schifsky was approved. b. APPROVAL-Construction Pay Voucher No. 14 and Final in the amount of $83,630.17 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. Construction Pay Voucher No. 14 and Final in the amount of $83,630.17 for Phase 1 Historic District Improvement Project for T.A. Schifsky and Sons, Inc. was approved. CITY COUNCIL MEETING MINUTES -2- NOVEMBER 15, 2016 7. PUBLIC HEARINGS 7a. Storm Water Pollution Prevention Program (SWPPP)-(continued from July 19, 2016 City Council meeting) City Engineer Chris LaBounty, of WSB and Associates, provided a brief update on the program. He said the public hearing is continued from the July 19, 2016, City Council meeting. Mayor Marshall opened the public hearing at 7:05 p.m. Tim DeWuske, 170 View Road, asked what is being done to prevent further contamination of Lost Lake. He said it’s impaired with Mercury. He had a pet die and had an autopsy performed on at and it was found to have Mercury in its system. He asked if the Wedgewood Pond is a filter for Lost Lake. He asked if the two sewer spills in 2014 and 2016 were listed as illicit discharges. He asked if realtors disclose to prospective property owners about the elevated nitrates in the lake. He sent a letter to Peter Fischer stating his concerns about Lost Lake, but didn’t hear back. He asked if anyone attended the Clean Water Summit with Governor Dayton. Larry Lanoux, a Grant resident, said the City needs to prevent illicit discharge into its system. He said there is a proposed hockey rink possibly being built on school property and they would have to dig into the protective barrier that is covering the old dump site, in order to install utilities for it. He said this will be discussed at a Grant City Council meeting and he will suggest to find another site for the arena. Bob Zick, a Maplewood resident, said he wants an apology for the lies about being removed from the July 19th Mahtomedi City Council meeting. He said he was not removed and wanted to know who put that lie in the paper. He outlined the rules for a public hearing and said the reason the last meeting was postponed was due to censorship because the Council didn’t like his questions. He asked if the City is doing its due diligence in requiring developers about the notification process for property with contaminated soils. Mayor Marshall closed the public hearing at 7:16 p.m. CITY COUNCIL MEETING MINUTES -3- NOVEMBER 15, 2016 8a. CONSIDER APPROVAL – A request David and Julie Kraai for a Conditional Use Permit in order to construct a new two-story home that is an expansion of a previous non-conforming structure with regard to the corner side yard setback, encroaching 14.35 feet into the required 20’ corner side yard setback; an addition to the garage that would encroach 12” into the required 20’ corner side setback and a Variance of 1’ 3” in order to construct a second floor that exceeds the maximum height requirement, for property located at 600 Park Avenue City Planner Rybak said the City is in receipt of an application from David and Julie Kraai 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 Applicant’s request for a conditional use permit for a reduction in the corner side setback for the principal structure, and request for a variance from the maximum allowable height for the principal structure, 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 as outlined. The Planning Commission held a public hearing at their regular meeting on November 9, 2016 and unanimously recommended approval of the requests. The Applicant is proposing to build a new home where the previous one has already been demolished. The original home was a one story building with a tuck under garage. The Applicants are proposing a two-story home on the same footprint as the demolished home, which is an enlargement of the previous structure. Because they are increasing the size of the original home and the footprint of the home encroaches on the required corner-side yard setback, a CUP is required. The Applicant is also requesting a 1 foot deviation from the required corner yard setback in order to accommodate the proposed garage. Due to street construction, the property irons are not currently able to be located. With the current information available, the Applicant plans to meet the required 20 foot setback. However, the deviation is being requested to accommodate for potential site variability during street construction. The applicant is requesting a 14.35 foot exception to this side setback to allow for the new home to be built in the same footprint as the original home and a one foot exception to this same side setback to allow for a new garage to be built. Finally, the Applicant is requesting a height variance for the proposed home. The walk- out basement and site grading have posed challenges in meeting the maximum allowable height requirement while still allowing for adequate living space on the second floor. Due to the requirement that building height be measured from the average elevation of the finished grade along the front of the building to the to the mean height level between CITY COUNCIL MEETING MINUTES -4- NOVEMBER 15, 2016 8a. Continued. eaves and ridge of gable, hip, and gambrel roofs, the height of the proposed home exceeds the maximum height of 25’. The home is proposed to be 26’3” tall as measured from the average finished grade along the front (Park Ave.) side of the home. Final site grades and erosion control plan will be reviewed and approved with the final building permit application. Considerations for approval will include: final site grades shall direct stormwater away from structures and towards public right-of-way, all grading must be completed on the property owner’s parcel, and gutters must be installed on the east and south side of the structures to direct stormwater away from private property. Council member Schilling asked if the DNR had weighed in on the height of the variance request. Planner Rybak said there was no comment from the DNR. Council member Ramaley asked if there had been any complaints from the neighbors. Planner Rybak said no, at the Planning Commission meeting there had been one neighbor in support of the project. Council member Brainerd moved and Council member Schilling seconded the motion to approve Resolution No. 2016-57 Approving a Variance and Conditional Use Permit for a new home at 600 Park Avenue. The motion was approved. 8b. CONSIDER APPROVAL – Ordinance Adopting Predatory Offender Residency Restrictions City Attorney Jay Karlovich said at its December 1, 2015 meeting, the Mahtomedi City Council adopted an Interim Ordinance which established temporary predatory offender residency regulations within the City. On July 19, 2016, the City Council held a work session and invited Brian Collins with the Minnesota Department of Corrections (DOC) to speak about the supervision provided by the DOC to predatory offenders, the process for placement of released predatory offenders, and the impacts of local residency restrictions on the treatment and location of predatory offenders. An additional work session was held on October 20, 2016, at which time the Council further discussed the interim ordinance and options for adoption of a permanent ordinance establishing residency restrictions for predatory offenders. The City Attorney’s Office was directed to prepare a draft permanent ordinance establishing residency CITY COUNCIL MEETING MINUTES -5- NOVEMBER 15, 2016 8b. Continued. restrictions for designated predatory offenders for review and public hearing at the November 9, 2016, planning commission meeting and was recommended for approval. The proposed permanent ordinance establishes residency restrictions for predatory offenders which prohibit designated predatory offenders from establishing a permanent or temporary residence within seven hundred and fifty (750) feet of schools, licensed child care centers, and public parks. Council member Brainerd commented that this ordinance has been discussed thoroughly at several meetings this past year. Council member Ramaley moved and Council member Brainerd seconded the motion to approve Ordinance No. 2016-07 Amending Chapter 9 to add Section 9.06, Regulating Predatory Offenders. The motion was approved. 8c. CONSIDER APPROVAL-Bill List Council member Brainerd 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 There were no comments from the Council. 11. CLOSED SESSION-Attorney-Client Privileged Discussion of Hague, et al. v. City of Mahtomedi (Washington County District Court File No. 82-CV-16- 4794) Council member Ramaley moved and Council member Schilling seconded the motion to recess the regular meeting at 7:55 p.m. to go into Closed Session to discuss the Hauge, et.al.v.City of Mahtomedi (Washington County District Court File No. 82-CV-16-4794). The motion was unanimously approved. Following the Closed Session, Council member Brainerd moved and Council member Ramaley seconded the motion to reconvene the regular meeting. The motion was approved. CITY COUNCIL MEETING MINUTES -6- NOVEMBER 15, 2016 12. ADJOURNMENT Council member Brainerd moved and Council member Ramaley seconded the motion to adjourn the meeting at 8:35 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR