City Council

MAHTOMEDI CITY COUNCIL MINUTES DECEMBER 19, 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, Finance Director Scott Schaefer, Public Works Director Bob Goebel, City Planner Breanne Rothstein and City Clerk Mary Solie were also in attendance. CONSIDER APPROVAL OF AGENDA Council member Deans 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 Brainerd moved and Council member Schilling seconded the motion to approve the minutes as presented. The motion was unanimously approved. 4. PRESENTATIONS Mayor Jud Marshall presented outgoing Council members Joel Schilling and Lael Ramaley with a plaque thanking them for their years of service to the City of Mahtomedi. 5. DISCUSSION FROM THE AUDIENCE There was no discussion from the audience. 6. CONSENT AGENDA Council member Ramaley moved and Council member Deans seconded the motion to approve the Consent Agenda as presented. The motion was unanimously approved. a. APPROVAL-WSB 2018 Rate Schedule. The new WSB rate schedule for 2018 which reflects an overall increase of 2.3% was approved. b. APPROVAL-Century College Fire Department Training Contract. The contract with Century College for Fire Department Training was approved. CITY COUNCIL MEETING MINUTES -2- DECEMBER 19, 2017 6. CONSENT AGENDA-Continued. c. APPROVAL-Insurance Agreement By and Between City of Mahtomedi and the Hitching Company for Annual Skating Party. An insurance agreement between the City of Mahtomedi and the Hitching Company for wagon rides as part of the annual skating party for January 21, 2018 was approved. d. APPROVAL-Hiring of Temporary Seasonal Public Works Employee. Public Works requested and received approval for the hiring of Matt Korus as a Temporary Seasonal Public Works employer. The appointment is due to one Public Works employee currently out on a workmen’s comp. injury and another on maternity leave. The employee will be compensated at a rate of $12.50 per/hr. e. APPROVAL-Audit Engagement Letter for 2017 Financial Audit. The 2017 Audit Services Letter of Engagement with Clifton LarsenAllen was approved. The estimated cost of the audit is $36,500. For 2016, the amount was $36,500. f. APPROVAL-Resolution committing General Fund Balance for funding of incomplete construction projects. The resolution committing General Fund balance for incomplete construction projects was approved. These projects consist of interim construction fund projects that remain open. g. APPROVAL-Resolution committing General Fund Balance for funds above the level approved in the Fund Balance Policy for Street Improvements. The resolution committing General Fund for funds above the level approved in the Fund Balance Policy for Street Improvements was approved. The Fund Balance Policy established a maximum fund balance percentage of 65% of unassigned funds in the General Fund. The funds to be committed will be amounts that exceed the 65% maximum. The amount will be determined by the annual audit. The funds will be committed at this time for fiscal year ending 12/31/2017, with a corresponding transfer resolution sometime in 2018 to the Street Improvement Fund with Council approval. CITY COUNCIL MEETING MINUTES -3- DECEMBER 19, 2017 6. CONSENT AGENDA-Continued. h. APPROVAL-Ordinance Amending Chapter 11, Section 9.6 Accessory Uses and Other Uses (A) (14) Permit Requirements relating to accessory building size. In order to be consistent with the State Building Code language, staff recommended and received approval to amend the ordinance to state “A zoning permit shall be required for all accessory buildings less than 120 square feet 200 square feet in area. All accessory buildings over 120 square feet 200 square feet shall require a building permit.” This item was unanimously approved by the Planning Commission. i. APPROVAL-City License-add Sunday Liquor for Lakeside Club. The Lakeside Club requested and received approval to add Sunday Liquor to their restaurant. They currently have a full On-Sale Liquor license and have met the insurance and background requirements as part of that license. The fee is $200. j. APPROVAL-Construction Pay Voucher No. 1 in the amount of $33,307.95 for Pember Companies, Inc. for the Neptune Crosswalk Improvements Project. Construction Pay Voucher No. 1 in the amount of $33,307.95 for the Neptune Crosswalk Improvements Projects for Pember Companies, Inc. was approved. k. APPROVAL – Defensive Driving Training Contract with Dakota County Technical College. A Defensive Driving Training Contract with Dakota County Technical College for Snow Plowing was approved. The contract is for two public works employees and is recommended every 2 to 3 years. l. APPROVAL – Fire Department Training Contract with Hennepin Technical College. A Fire Department Training Contract with Hennepin Technical College for forcible entry training was approved. m. APPROVAL – 2018 Mileage Rate The City currently pays 53.5 cents per mile which is the allowable Federal rate. While the City has relatively little personal vehicle use, it will be appropriate to compensate such use at the appropriate standard. The City received information from the IRS that effective January 1, 2018; the allowable mileage rate will be 54.5 cents per mile. Staff recommends this rate be set at 54.5 cents per mile effective January 1, 2018. CITY COUNCIL MEETING MINUTES -4- DECEMBER 19, 2017 7. PUBLIC HEARINGS 7a. CONSIDER APPROVAL – Resolution Ordering Public Improvement Project, Quail Street Utility Extension, Authorizing Preparation of Final Plans and Specifications, Authorizing the Advertisement for Bids, and Authorizing Preparation of Preliminary Proposed Assessment Roll for Pending Assessment Reporting Purposes. On November 21, 2017, the City Council passed a Resolution which received feasibility study recommendations of the City’s consultant City Engineer and called for a public improvement hearing concerning the Quail Street Utility Extension Project. The City noticed a public hearing on the Quail Street Utility Extension Project for December 19, 2017. A notice of public hearing was published by the City’s official newspaper on November 29, 2017 and December 6, 2017 and was mailed to affected property owners on or about November 29, 2017 pursuant to Minn. Stat. 429.031, Subd. 1 (a). At the June 9, 2017 meeting, the City received a petition for the extension of public utilities to the properties located at: 1610 Briarwood Avenue, 1651 Briarwood Avenue, and 231 Quail Street. The owners of two properties later expressed interest in being part of the petition. These properties are located at 222 Quail Street and 251 Quail Street, 271 Quail will also be impacted. At the July 18, 2017 meeting, the City Council passed a motion calling for the City’s consultant City Engineer to prepare a feasibility study for the Quail Street Utility Extension, which includes the following roadways: • Briarwood Avenue • Quail Street The project includes a gravity system which would connect to sanitary sewer on Tamarack Street. This option is now available due to recent upgrades at the Tamarack Lift Station and would include the ability to serve beyond the petitioned project area. Engineer Sachi said the watermain could connect at Streetcar Park and a potential connection at Warner Avenue. The Warner Avenue connection would provide redundancy (recommended but not required). The upgrade of Phase 4 Historic District will provide additional flow to meet the higher density requirements. Engineer Sachi said the estimated cost is $582,300 with funding coming from the Watermain Utility Fund of $193,000, with special assessments estimated to be $389,300. The per unit assessment amount is $27,800. CITY COUNCIL MEETING MINUTES -5- DECEMBER 19, 2017 7a. Continued. Mayor Marshall opened the Public Hearing at 7:21 p.m. Dave Scherbel, 1651 Briarwood Avenue, sent a letter, as he will be out of town, stating for the record, that he supports the project and also supports the Eckert’s dividing their property. Charles Bartholdi, 231 Quail, said he is in favor of the project. He said his system is non- compliant. He asked if the special assessment will be lower now that more services will be included. Engineer Sachi said the assessment will not be lower as more sewer pipe is needed for the extension. Linda McEwen, 265 Laurel, said she is also in favor of this project and looks forward to having it completed. Joan Eckert, 1610 Briarwood Avenue, said she is also in favor of the project. She also wanted it noted that at the last City Council meeting, the wrong information was given about her lot size. She said her lots are much bigger that R1C. The Public Hearing was closed at 7:26 p.m. Council member Brainerd said he wasn’t sure about the additional watermain at this time. He asked Finance Director Scott Schaefer if doing it later would be better for financing the project. Finance Director Schaefer said it would help if it can wait and would help with planning. Engineer Sachi said the watermain could be done as part of the Briarwood road project. Council member Ramaley said she would be in favor of delaying the watermain until the Briarwood Project. Council member Schilling commented that the Resolution be changed to reflect the delaying of the watermain installation. Council member Brainerd moved and Council member Deans seconded the motion to approved Resolution No. 2017-51 Ordering the Public Improvement Project-Quail Street Utilities. The motion was approved. CITY COUNCIL MEETING MINUTES -6- DECEMBER 19, 2017 8. STAFF REPORTS 8a. CONSIDER APPROVAL-Resolution Receiving Feasibility Study Recommendations of the Consulting Engineer, Calling for a Public Hearing Concerning Ideal Avenue Utility Extension, and Authorizing the Preparation of Plans and Specifications Pursuant to Minn. Stat. 429.031, Subd. 1 (e). At the October 5, 2016 meeting, the City received a petition for the extension of utilities to the properties located at: 157 Ideal Avenue and 191 Ideal Avenue. The work associated with this petitioned extension would also extend utilities to the properties at 129 Ideal Avenue and 139 Ideal Avenue. At the May 2, 2017, the City Council passed a motion calling for the City’s consultant City Engineer to prepare a feasibility study for the Ideal Avenue Utility Extension, which includes the following roadway, Ideal Avenue. Engineer Sachi said the project would consist of replacing the existing surface as is (compacted millings), no curb and gutter, extending sanitary sewer and water, storm drainage and replacing culverts as needed. There would need to be subgrade correction due to peat being found during the soil testing. The estimated project cost is $345,644 which is funded 100% through special assessments. Each of the six benefitting property owners assessment is estimated at $57,610. Ken Lohr, 139 Ideal, said he is not in favor of doing this project. The cost is too high and regrets asking to have this project done and wants the project stopped. He said the other neighbors also do not want the project to move forward. There was council consensus that this project was too expensive and to not move forward with it. Council member Ramaley moved and Council member Deans seconded the motion to not move forward with the Ideal Avenue Utility Extension due to financial concerns. The motion was approved. 8b. CONSIDER APPROVAL- Request from Sharkey Design Build LLC for a minor subdivision in order to divide property at 498 Warner Avenue South into two lots. The City is in receipt of an application from Sharkey Design Build LLC for the request outlined above. The application has been reviewed by City staff and consultants and is in CITY COUNCIL MEETING MINUTES -7- DECEMBER 19, 2017 8b. Continued. order for consideration at this time. The Planning Commission recommended unanimous approval at the December 13, 2017 meeting. Planner Rothstein said the Applicant is requesting a minor subdivision for the purpose of splitting an existing parcel to create an additional buildable lot. The parcel to be divided is 26,997 square feet in total area. The property has an existing single-family home on the west portion of the parcel. Parcel A also has an existing detached garage. The garage is legal nonconforming, as it was previously constructed and does not meet minimum front and side setback requirements. The minimum setback from the front property line is thirty (30) feet. The garage sits 13.5 feet from the front property line. The minimum setback from the side property line is five (5) feet. The garage sits zero (0) feet from the side property line. In this instance, one new lot is being created. The Washington County Accessor’s Office lists the current market value of the land as $247,700. Ten percent of that would be $24,770. In this case, the $3,000 flat fee is less, so the Applicant shall pay a $3,000 parkland dedication fee The City Engineer has reviewed the plans and has no concerns with the proposed subdivision. The newly created lot already has water and sewer stubs provided from the mains in the street. Access to the new lot will be off 72nd street so there should be no issues with access. The driveway cut on Warner Avenue near the intersection of Warner Avenue and 72nd Street will be removed. Council member Schilling moved and Council member Ramaley seconded the motion to approve Resolution No. 2017-49 Approving a Minor Subdivision located at 498 Warner Avenue. The motion was approved. 8c. CONSIDER APPROVAL- Request from Robert and Ann Garry for a conditional use permit to create an accessory dwelling unit at 709 Park Avenue. The City is in receipt of an application from Robert and Ann Garry 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 at the December 13, 2017 meeting. CITY COUNCIL MEETING MINUTES -8- DECEMBER 19, 2017 8c. Continued. Because this item is being constructed on Council member Ramaley’s property she removed herself from the dais during the discussion of this item. Planner Rothstein said the Applicant is proposing to construct a new detached garage on the property. The main level will be a traditional garage, and the upper level will be used as an accessory dwelling unit. The footprint of the structure is 768 square feet, with a total floor area of 1,536 square feet. The proposed accessory structure meets all zoning requirements in the R1-E Historic Mahtomedi District. Accessory Dwelling Units may be located with a Conditional Use Permit in all R-1 Districts. Accessory Dwelling Units are not permitted on residential sites that do not currently meet the minimum parking standards for single-family dwellings (two per dwelling unit). In addition, residential lots that have an Accessory Dwelling Unit must provide, at a minimum, one additional off street parking space on the property. Accessory Dwelling Units must be at least three hundred (300) square feet in area but must be less than nine hundred sixty (960) square feet in area, exclusive of utility rooms and garages. Accessory Dwelling Unit floor area must not exceed thirty-three (33) percent of the four-season living area of the associated single-family dwelling (exclusive of the Accessory Dwelling Unit). The associated single-family dwelling must continue to meet minimum floor area requirements. Accessory Dwelling Units must also meet the standards of City Code Section 12.05. On lots with municipal water and sewer, these services shall be connected to the detached Accessory Dwelling Unit using the same service as the principal dwelling. Separate utility metering for the Accessory Dwelling Unit is prohibited. There were no engineering considerations. Council member Brainerd moved and Council member Deans seconded the motion to approve Resolution No. 2017-50 Approving a Conditional Use Permit for 709 Park Avenue. The motion was approved. 8d. CONSIDER APPROVAL – Ordinance Amending City of Mahtomedi City Code, Chapter 12 by Adding Section 12.07 Relating to the Removal of Snow and Ice for the City’s Commercial and Industrial Zoning Districts. CITY COUNCIL MEETING MINUTES -9- DECEMBER 19, 2017 8d. Continued. Engineer Sachi said based on discussions from the last City Council Meeting, an Ordinance amending Chapter 12 relating to the removal of snow and ice for the City’s Commercial and Industrial Zoning Districts is needed as part of the CSAH 12 project. The Ordinance will require that the owner of property in a commercial and/or industrial zoning district shall be responsible for the removal of snow and ice from parking lots, driveways, steps, and walkways on the premises. The same provision can be found in Chapter 12, Section 12.05 applying to owners of residential properties. Council member Schilling moved and Council member Ramaley seconded the motion to approve Ordinance No., 2017-07 Amending City Code Chapter 12 Relating to Snow and Ice Removal in Commercial and Industrial Districts. The motion was approved. 8e. CONSIDER APPROVAL-Small Wireless Collocation Agreement. City Attorney Karlovich said the Minnesota Legislature passed legislation earlier this year that recognizes wireless service providers as “telecommunications right of way users” and requires cities to permit them to install small wireless facilities in the public rights of way. This legislation necessitates three tasks for the City to complete: (1) Adoption of a standard collocation agreement for installation of small wireless facilities on City-owned wireless support structures; 2) revisions to the City’s Right of Way Management Ordinance; and 3) amendment of the Zoning Ordinance to reflect small wireless facilities as permitted uses in the right of way abutting non-residential zoning districts and to reflect small wireless facilities as conditional uses in the right of way abutting residential zoning districts. As a first step in this process, is the adoption of the collocation agreement. The legislation requires the City to allow installation of small wireless facilities on City- owned small wireless structures in the public rights-of-way. With respect to this mandated collocation on City-owned wireless support structures, the legislation also places caps on fees that the City may charge the wireless service providers and requires that they either include the terms of collocation either in their ordinances or adopt a standard collocation agreement that complies with the legislation for use with the wireless service providers. The Collocation Agreement has been prepared by the League of Minnesota Cities and provided to member cities as the model to be used to ensure compliance with the new legislation that now recognizes wireless service providers as “telecommunications right CITY COUNCIL MEETING MINUTES -9- DECEMBER 19, 2017 8e. Continued. of way users” and requires cities to allow small wireless facilities to be collocated on city-owned small wireless structures in the public rights-of-way. Public Works Director Goebel said the City only owns the 15 decorative poles along Long Lake Road. Council member Schilling commented he has serious concerns with this legislation. He said that if a company comes in and puts any of the small wireless on our poles and then goes bankrupt and leaves town, the City is left to remove the equipment. Council member Deans moved and Council member Brainerd seconded the motion to approve Resolution No. 2017-48 Adopting Standard Small Wireless Collocation Agreement. The motion was approved. 8f. 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 the meter replacement program so far has replaced 400 meters. 10. COMMENTS FROM THE CITY COUNCIL Council member Brainerd asked Public Works Director Goebel how the staffing is working out. Public Works Director Goebel said so far it’s working well, the addition of a seasonal worker after the first of the year will help with snow plowing and other duties. Council members Ramaley and Schilling were thanked for their years of service and all they have done for the City. Council member Schilling said it has been a pleasure working with the staff and other council members. Council member Ramaley said she appreciated the help staff and other council members had provided over the years. CITY COUNCIL MEETING MINUTES -11- DECEMBER 19, 2017 11. CLOSED SESSION – None Scheduled 12. ADJOURNMENT Council member Schilling moved and Council member Ramaley seconded the motion to adjourn the meeting at 8:30 p.m.6 The motion was unanimously approved. ATTESTED: APPROVED: ___________________________ ___________________________ MARY SOLIE, CITY CLERK JUD MARSHALL, MAYOR