City Council

MAHTOMEDI CITY COUNCIL MINUTES OCTOBER 3, 2017 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 John Sachi and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Due to the number of people interested in the discussion of the trail issue in the Dunbar Way neighborhood, item 4. Presentations will be presented after item 5. Discussion from the Audience. Council member Deans moved and Council member Brainerd seconded the motion to approve the agenda as amended. 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. DISCUSSION FROM THE AUDIENCE Dennis Sonnek, 969 Pineview Court, said there has been a trail between his property and 970 Pineview Court, since he built his house in 1995. He said there has been no problems with people using the trail until a couple of years ago, when 970 Pineview Court was sold to the present owner. He said he came home one day to find the trail being taken out by a contractor that the homeowner at 970 Pineview Court had hired. He said the trail is approximately 95% on his property, so the contractor had been on his property without permission. He said he asked the homeowner at 970 Pineview Court why she hadn’t talk to him about this before doing this and she said she didn’t have his phone number. Mr. Sonnek said he enjoys having the trail there and uses it a lot, as well as the rest of the neighborhood. He said he hopes the trail can be replaced as it is a nice amenity for the neighborhood. Bert Reyes, 201 Dunbar Way, lives on the other end of the trail and likes to have it there. He said it’s a great way to connect with others in the neighborhood. He said he knew it was there when he purchased the home several years ago. He would like the City to replace the trail. Scott Bromelkamp, 929 Pineridge Court, said he grew up in the neighborhood and used it as a child and uses it now to connect with friends and family. He too would like to see it replaced. The residents were told this item will be discussed in a Closed Session this evening to determine the next steps in resolving this issue. CITY COUNCIL MEETING MINUTES -2- OCTOBER 3, 2017 5. PRESENTATIONS 5a. Partners In Energy-Energy Action Plan for Mahtomedi-Elena Foshay, Center for Energy and Environment Elena Foshay with Partners in Energy was present to provide an overview of the Energy Plan for Mahtomedi that will move towards a reduction in the carbon footprint and establishing energy conservation goals. The Partners will work with the City of Mahtomedi to coordinate support for implementing the plan. The City did receive a grant to help with the implementation of the plan. One of the goals is to achieve a 30 percent reduction in energy related greenhouse gas emissions by 2030 and a 100 percent reduction by 2050 and to reduce energy consumption by 19 percent by 2030. She said they will engage residential, businesses and institutions in energy saving actions by holding events and other informational opportunities to share ideas and strategies. The City of Mahtomedi will serve as the lead contact and project coordinator for the plan. 6. CONSENT AGENDA Council member Schilling moved and Council member Ramaley seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPOINTMENT-Election Judges for the November 7, 2017 Municipal Election. The roster of election judges for the November 7, 2017 Municipal Election was approved. b. APPROVAL-Memorandum of Understanding – Phase 2 – Partners in Energy Plan Implementation. A Memorandum of Understanding between the City of Mahtomedi and Xcel Energy for implementation of the Energy Action Plan was approved. CITY COUNCIL MEETING MINUTES -3- OCTOBER 3, 2017 6. CONSENT AGENDA-Continued. c. APPROVAL-Purchase Agreement By and Between Brandan R. and Gabrielle N. Iwaszko (Buyers) and City of Mahtomedi (Seller) for Purchase of Real Property in City of Mahtomedi, Washington County, Minnesota. The purchase agreement and resolution between Brandan and Gabrielle Iwaszko and the City of Mahtomedi for the purchase of City property for $60,000 to facilitate the reconstruction of the septic system serving adjacent real property addressed as 355 Quail Street was approved. d. APPROVAL-Construction Pay Voucher No. 5 for Metering & Technology Solutions in the amount of $23,275.00 for Mahtomedi/Willernie Water Meter Replacement Project. Construction Pay Voucher No. 5 for Metering & Technology Solutions in the amount of $23,275.00 for Mahtomedi/Willernie Water Meter Replacement Project was approved. e. APPROVAL-Proposal for Lakes Link Trail Preliminary Design. A proposal from WSB and Associates to perform the preliminary engineering design for the Lake Links Trail was approved. The amount of the proposal is the same as what was appropriated from the Legislature in the 2017 Session. $15,000 has been allocated for the preliminary design along Birchwood Road and Hall Avenue to State Highway 244 and $38,000 equally shared between Mahtomedi and Dellwood for the design along TH 244 right of way through Mahtomedi and Dellwood to State Highway 96 in Dellwood. f. APPROVAL-Resolution Authorizing Submittal of an Application for MNDOT Municipal Agreement Program Funding for the Local Road Improvement Program for Road Improvements Associated with the County State Aid Highway 12 (Stillwater Road, 75th Street North) Corridor Improvement Project. Washington County will be applying for a Local Road Improvement Program grant for Stillwater Road (CSAH) on behalf of the cities of Willernie and Mahtomedi. Washington County has indicated the grant could be used to help the local communities of Mahtomedi and Willernie with their local share of the project costs. A resolution authorizing the City to apply for the grant through MNDOT’s Municipal Agreement Program was approved. CITY COUNCIL MEETING MINUTES -4- OCTOBER 3, 2017 6. CONSENT AGENDA-Continued. g. APPROVAL-Encroachment Agreement for Fence in Right of Way at 426 Park Avenue. Approval was given to property owners Bob and Denise Balsimo for construction of a 5.5 foot tall privacy fence in their rear yard which would encroach in the Park Place right of way. The Encroachment Agreement requires that the owners assume responsibility for all costs associated with construction and maintenance of the fence, as well as risks if the City needs to remove the fence to access utilities in the area. 7. PUBLIC HEARINGS-None 8. STAFF REPORTS 8a. CONSIDER APPROVAL-Ordinance Amending the Salaries of the Mayor and Council Members Pursuant to Minnesota Statutes 415.11 City Administrator Scott Neilson said that he researched the salaries for the Mayor and City Council as requested and were found to be lower than the surrounding communities. The salaries were last adjusted in 2007. The salary of the Mayor would change from $4,800.00 annually to $6,000.00 annually and the Council Members from $3,600.00 annually to $4,800.00 annually. Administrator Neilson said that if the council decides to change their salaries, those changes will not take effect until after the election in November and become effective in January 2018. Council member Brainerd moved and Council member Ramaley seconded the motion to approve an Ordinance Amending the Salaries of the Mayor and Council Members Pursuant to Minnesota Statutes, 415.11. The Mayor shall receive annual compensation of $6,000 and the Council Members shall receive annual compensation of $4,800. The motion was unanimously approved. 8b. DISCUSSION – Donation of Property for Lake Links Route. Administrator Neilson said Thane and Blanche Hawkins have agreed to donate two small pieces of land, formerly part of the right of way of the Burlington Northern Railroad to the cities of Dellwood and Mahtomedi to help complete the Lake Links route. CITY COUNCIL MEETING MINUTES -5- OCTOBER 3, 2017 8b. Continued. Attorney Karlovich suggested doing some environmental testing on the property before committing to the donation. However, Mr. Wolgamot said the City already owns a substantial portion of the old street car bed and testing was not performed on it. A small parcel that would be donated is located in the City of Dellwood. Attorney Karlovich will contact Dellwood’s City Attorney to help facilitate the donation. Engineer Sachi said he had spoken with the Hawkin’s at a previous meeting and they had indicated they would be willing to donate the whole lot instead of just the portion that is on the north side of Dwinnell Avenue. City Attorney Karlovich will prepare the documents to accept the land donation from Thane and Blanche Hawkins. 8c. 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 Engineer Sachi said the Dahlia Street Improvement project is encountering difficulty in obtaining easements for the project. He said only two of the nine property owners have responded to the Right of Entry request made a couple of months ago. He said additional letters were sent and phone calls have been made but still no response. The two options for the project were to obtain easements from the homeowners in the project area to install stormwater improvements on the properties with drainage issues or to run the stormwater down Warner Road to Glendale Park without having to obtain any easements. It was decided at the time to go with trying to obtain the easements from the homeowners as it was less costly than going with the second option of going down Warner Road. If the project is built to certain specifications, State Aid money can be used for the project. Council member Brainerd expressed concern about creating a larger issue if we try to fix the drainage issues on the properties. Council member Schilling said he likes the option of going down to Warner Road and not obtaining the easements. CITY COUNCIL MEETING MINUTES -6- OCTOBER 3, 2017 9. Continued Council member Deans said maybe we shouldn’t do the project if the neighborhood doesn’t want it. There was general consensus this item will be discussed further at the Capital Improvement workshop in October. 10. COMMENTS FROM THE CITY COUNCIL Council member Schilling said Punkinmain is Saturday, October 14, 9:00 am-3:00 pm at Triangle Park. Council member Ramaley said the new landscaping looks great at City Hall and thanked Natalie Fleischhacker for doing such a great job. 11. CLOSED SESSION- Closed Session pursuant to Minn. Stat. Sec. 13D.05, Subd. 3(b) Attorney-Client Privileged Discussion of draft Litigation Pleadings related to the recent Trail Destruction at 969 and 970 Pineview Court. Mayor Marshall moved and Council member Brainerd seconded the motion to recess the regular meeting at 9:05 p.m. to go into Closed Session. Mayor Marshall, Council members Brainerd, Ramaley, Deans and Schilling were in attendance along with Administrator Neilson, City Engineer John Sachi, City Attorney Karlovich and City Clerk Mary Solie. Following the Closed Session, Council member Brainerd moved and Council member Schilling seconded the motion to reconvene the regular meeting. The motion was approved. 12. ADJOURNMENT Council member Ramaley moved and Council member Schilling seconded the motion to adjourn the meeting at 9:55 p.m. The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR