White Bear Township Board Meeting 09-04-2019
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e e e e e e e e e e o' we'll call the September 4th 2019 Town board meeting to order first item on the agenda is the approval of the agenda I understand we're deleting item 8 a yes Mr chair no further changes after that no additions no additions wow move to approve second all in favor say I I I all opposed that motion carries item number three is approval of payment of the bills so moved second that all in favor say I I I opposed that motion carries item number four is the approval of the minutes of the August 21st 2019 meeting anybody have any changes or corrections I did not got them I did and the cour treasurer says they were changed so motion to approve I will second that motion all in favor of the motion I I all right item number five is consent agenda item we have six of them unless someone has an issue that they want to discuss and pull it off I would look for a motion to approve I will move to approve the consent agenda as submitted I have a second second say I I oppos all right moving on item number six we have a public works director item it looks like Tom you're now the new Public Works director I guess so sucker um Dale is submitting these for your approval receiving and approving quotes um you can see in his memo uh exactly what these are are specifically for uh we had a little discussion here I'm I'm curious as to why North Oaks is not helping pay for this water flow cost I I don't think they ever have have they Chad not that I know of we'd have to look at the Mr chair we'd have to review the jpa to verify who's responsible for what is is that renewable every year actually I think the I have to look at it again because it's we haven't CH it hasn't been changed such a long time but I think that's almost a 60-day notice yeah I think he's right so is is this this charge to verify the discharge is that done yearly once every couple years this is the first time I remember the town actually ever doing this well we're doing it for Birchwood but they're paying for it they are paying for it so now we're doing it for North Oaks but we're paying for it I would recommend that you re we review the jpa to see if that's charge that could be passed on to North Oaks well is that something we can do after if this motion carries yeah you can you can table this till the next meeting is that going to cause any no no he told me that if there's any discussion I I think it's worth a call to North Oak said look I don't see how the township should be responsible for this total bill I think before you call North Oaks my advice would be to review the The Joint Powers agreement first yeah and I think that it's a prudent thing to do because in Dale read the public work director's memo it clearly says it's to to ensure that they stay within the designated capacity Allowed by the city yes and if we have no measure check it other than this it needs to be MH reviewed that's fine um we can put together uh a memo on that for your review for the next meeting you are not causing any Harper by tbling this until that point okay all right do I have a motion to do so I'll move to a table uh item six on the old business the 2019 flow monitoring I'll second that MO is made second and all favor say I I I and all opposed and motion carries one point of the these quotes I didn't look at the dates are they still going to be uh they will be they will be viable okay that's all I need to know thank you all right item number seven public hearings we have none so we'll move on to item number eight new business uh we're deleting item 8 a so we'll move on to 8B the Redland electric 2350 liel Edition request for permitted use standards permit that you Tom that's me yes in a little bit here we'll show this portion of the liel Edition light Industrial Park up in the Northeast portion of the township this is liel street right here which connects to Highway 61 to the west and up to County Road J to the north these are buildings owned by Capra uh properties but right here this building is owned by Redland electric one of the earlier buildings built in the development first constructed in 1998 this building right here is just under 5,000 square ft² in area and they are proposing an addition onto the south side of the building uh addition of 6800 6558 Square ft see the original building right here location of the addition right here driveway with planned parking currently it's a gravel parking lot and whether this is remains gravel is still up for discussion and up uh up to the owner of the property whether to uh uh pave or not pav that he's still on the fence at this point so again 6558 square foot currently the building has three Suites in it uh this addition is proposing an additional three suits um couple of the things that we've discussed throughout the proposal uh during the review you have a wetland uh along this portion of the property right here this is the Wetland line Town requires in an industrial area a 30t setback from a wetland building is just fine as shown meeting the setback requirement but the parking lot is also considered a structure and that needs to meet the require setback requirements also as a result of that these two parking stalls uh will have to go away then it will meet the setback requirements so we've had discussion with uh with Mr fauler the Builder in this case and so they're aware of that in addition the dumpster was originally proposed to be placed in this corner right here the dumpster storage area I should say that has been shifted a little bit to the north here so that's meeting setback requirements also uh project again is located in the liel Edition light Industrial Park those come with some specific requirements for that development uh primarily building aesthetic related for instance uh buildings are required to have twoot overhangs uh no use of course gated metal sighting throughout the development uh pitched roofs of 412 or greater required uh garage doors in the buildings are supposed to Face away from the public RightWay uh limited amount of sighting colors primarily Earth Tone colors and then minimum Landscaping requirements um Planning Commission did review this proposal as a permitted use standards permit in June recommended approval subject to a couple conditions specifically relative to the parking the liable addition requirements say that any parking used by the public needs to be paved so uh at this point not necessarily public coming to and from the site other than the contractor utilizing the building so it would be the developer option owner's option whether they want to pave that parking or not and then Wetland setbacks as I mentioned earlier and and Shifting the pl slightly [Music] uh to meet that Wetland setback requirement so again the Planning Commission reviewed recommended approval in your packet we put together a zoning certificate which is the town's way of if approving a project uh creating and there's conditions attached to it uh the zoning certificate is what we use so what we do with the zoning certificate we take the original one and we modify it or add to it as necessary the shaded areas on pages 7 5 and 76 of your packet would be that zoning certificate you can show in shaded area here we were adopting the plans they've proposed um noting a couple of other things that no outside storage is permitted that's a liel addition requirement that's relating mostly to the there's some trailers on site there and with the addition the plan is to take those off site there is under a conditional use permit an opportunity to have screened outside storage up to 3 % of the site not with this proposal however but could be Revisited in the future if requested uh a couple of other conditions that we put in the uh zoning certificate for the town board's consideration uh dumpster storage shall not negatively impact storm water drainage location here is kind of along a drainage way so our engineer has some suggestions of how to make sure uh water flowing through that structure uh would not pick up wastes uh requirements of the Town engineer uh making sure that the area between the back of the building and the Wetland is at a 4 to1 slope or less if it's a greater slope than that there's a additional setback required but with this plan is modified from the original plan that setback at 30 ft is just fine uh permanent erosion prevention measures shall be provided between the parking lot and Wetland uh a rain Garden is suggested or some type of swell so you don't have direct runoff into the wetlands something to capture it before it releases we haven't talked about a design or something but we would like the applicant to consider something there um in it above and beyond what's proposed um calculations for domestic fire Services must be provided that's typical of any uh addition or new building and that's some something that uh the fire inspector would review and approve and then of course sewer sack whack charges would be subject to payment uh for the addition so again this has been reviewed and recommended for approval by the Planning Commission time you comfortable with not having the site plan showing the exact way they're going handle runoff drainage rain Gardens I mean it it seems like it's a open-ended thing here it's a little bit open yes it is and we really need to have a little bit more discussion about that but the applicants are here if they'd like to give you some that comments we don't have an engineer tonight but uh the original review showed nine items that had to be done before they would sign off and I don't I didn't address them directly but have these all been addressed I think your resolution is subsequent to engineer review and approval yeah it does say that well again though we that's it's a whole another list of things we don't have uh remedies for and we're asked to approve the final plant it seems to me we I thought that was the reason this was delayed well looking at some of these they have been addressed some of them the parking lot was redesigned so now it's meeting the setback requirements uh I guess I'd like to review number two with him the storm water buffers brce Creek Watershed District permit has is still under review it's given been given cap Rock which means basically it's approved subject to staff approval for a few detailed items on the plans am I summarizing that right and and the check uh sack whack again I mentioned that that's determined by the Met Council yeah building inspector approval and I've reviewed the Landscaping plans and that does meet the minimum requirements um and you're you're still with the parking requirements even though you're eliminating two from that side of the building I'm sorry to yeah the parking requirements are fine in fact that could be gravel cuz gravel is not considered a structure so so they could pay they they can't PVE it but they could do a gravel parking lot in that area so I kind of picky backing off of that you know the engineer was pretty specific on these nine items how manyy are left you've seen the list right yeah the list hasn't changed for a while well this dated August 14th the list of comments that the engineer had as things that needed to be done before he was comfortable with this sure if you is that all right with you to I yeah just uh state your name and identify your address Town board uh my name is and staff uh Jim fauler fauler companies I am uh the architect for the project for Craig and Mary Marshall and they addition to their building um let me grab my notes here real quick regard ing the uh uh questions on on the items um the uh the uh Wetland drainage has been resolved with Township engineer uh as far as a buffer or anything of that nature uh we didn't we aren't proposing a curb at that we're proposing to S right up to either the gravel or the paving if Marshals decide that they want to pave it and then the runoff will sheet drain across that entire distance through the Wetland buffer which is what the Wetland buffer is designed for and that that's the preference of race Creek Watershed District I don't know where rain Garden or anything else came up but you know we we had no uh discussions about ever doing anything more about the water because that's what the Wetland buffer is for is for the water to sheet drain and treat along that Wetland buffer before it gets to the Wetland well Rice Creek Watershed did sign off on this plan yeah yeah we just have to pay the fee and they'll issue their permit we also have sack review and approve uh assessing one sack on the site so that's been done also um the uh other outstanding or the other discussion item was on the traction en closure we're just going to put in the screening enclosure per the township ordinance we're not putting a building or a structure in there we're just putting screening in the curb the the the gravel will continue straight through and if we put curb and gutter in that will continue straight through and if we pave the site that will continue straight through now one interesting thing about the setback for the parking spaces is if you notice where the Wetland line uh curves up it's probably about 5T in front of the 20 ft of the uh the parking from the East uh curb line and um the township is the only community that I've ever been to that doesn't have a separate parking setback from a building setback extremely unusual Tom and I discussed this a little bit we've been called unusual before yeah I know we know we we we I've been here for 37 years and unusual Is Not Unusual um but typically you have a parking setback that is substantially reduced from a structure building setback Township has a 30 foot we we meet the setback requirement if we don't pave the parking lot if we pave the parking lot we have to carve out 25 ft by 14 ft 6 in of the corner of that and leave that gravel for that to for runoff not really I mean I don't think anybody would do it it's rather unusual to do something like that but at this stage talking about rain Garden Tom that would be between the parking lot and the Wetland is the suggest he's talking about siding up too in the sheet drain I'm talking about the setback right now about the setback situation for the paving uh but the the rain Garden thing that just popped up I don't know that staff suggestion to consider yeah and we really at this stage you know with Marshall's not deciding if they're going to pave or not we're we're really not you know thinking about anything different than just soting it right up to the edge of the of the uh the drive the the plan would be and the intention would be once leasing is completed once we see who the tenants are going to be then they would Bas and pave the parking lot that would be the plan so those are really the there was one other item that came from the town engineer about fire protection uh we we don't do the fire protection design um until we apply for a building permit um because we have to fire protect the existing building and there may be some tenant changes in there ceilings may be going in and so forth so that that's that's again it's it's rather unusual for an engineer to ask for calculations for you aut usage and so forth in a small building like this at this time we've never done it before or uh we don't really have the basis for doing the calculations because we don't know what the tenant build outs are going to be yet but that will all be part of the building approval process of which we'll submit you know the necessary and our fire protection contractor will submit all the necessary information at the time we apply for a building permit so again that was from engineering that was rather unusual and and we addressed that with Tom and said we will submit that at the time for building permit review and utility and drainage easements have been put on the plat pardon me ility and drainage easements is they've been put on the plat the existing drainage ements are on the plat yes part of the plat look back to number two I mentioned that the uh storm water management ordinance buffer requirements that was the regrading between the building and the wet land so it's less than a 4:1 slope if it would have been a 4:1 slope or greater additional setbacks would have applied the original plan showed greater than a 4 to1 slope but it has been tweaked so item number two has been taken care of so Mr chair if I may Tom can you give us a refresher of where we are on the list of requirements what do we have left and what are they specifically well of the engineers comments the nine Rice Creek Watershed in process being finalized man the buffers are fine parking lot was redesigned or will be again eliminating two spaces drainage can't run through the trash enclosure and then into the Wetland Okay so we've re we've shifted the the dumpster storage area sack whac and locals that's the Met Council that has been determined uh utility and drainage easements are provided around the perimeter of the lot there's no additional storm water ponding being proposed for this lot so no additional easements over that necessary uh Public Works comments I think those were included with the engineer comments I I I have to see if there were additional ones uh building inspector obviously has to approve the building permit and the Landscaping plans are fine okay so I think we've got them all right Steve you have any questions at Tom or the applicant one the uh dumpster area show me again where where you're how you've changed that to deal with maybe I'm SK sure this is where was originally proposed right here right there so it has been shifted to meet setback requirements oh okay is it only taking up one stall or two 17 by yeah just one takes up two no one stall 17 by what time I'm looking at is that 11 and a half so it's a little more than one stall wide so basically you lost almost three and a half stalls of parking yeah well we didn't lose the parking because at this time we're not Paving the parking lot well I I understand it but once we approve this PLA and all of a sudden down the road that thing gets paved and oh by the way you weren't supposed to pave all the way to the gravel so I just want to make sure we're we have to we'll stop you know we'll just s that up in those two spaces and be done with it or leave them gravel or leave it gravel but more than likely we'd s it look better that we yeah yeah so St is is comfortable that the predominant number of the engineer items have been addressed or in process it just seems a little premature because some of the material that normally is in front of us has been provided in all honesty we've had great difficulty with Township engineering okay tremendous difficulty and we have worked on this we've delayed this project for bring it to the town board twice now um well but here we are again we still don't have a few things well we do we do well if you don't have Rice Creek watersheds signed off yet then we're finished with Rice Creek Watershed well I'm just said we're not no we're finished we're cap rocked sub approved subject to which we're not going to do till we pull out a building permit Rice Creek is done and you yeah town has uh copy of that okay 8619 I think I have an older one here Jim yeah I have 628 you want a tabulation just Jim some of the reluctance on my behalf is because in some of these where we put conditions they don't have they don't have time frames on them and then they just drag on and then we're back discussing these and that's why I'm just trying to get things tied up so we know what's been done going to be done and when they're going to be done that's my concern well which which in particular well I'm just saying in general I yeah because we we want to deal in specifics here because we've been struggling with these specifics for close to 60 90 days now 90 days 120 days to be honest with you one of the specifics was that and he just showed that it's done yeah 8620 uh9 uh with the race Creek and and we've been very diligent in all documents by email being sent to the township um so race Creek is done we just have to pay $1,000 fee and give them the address um anything else no no got all right thanks Jim all right any other questions at Tom I know I just want to say reluctance is that some of these projects when when they we get an application and there's yeah we're going to do this or yeah this is on the plan they somehow get pushed aside or forgotten so we're we're trying to tighten that little area up so we're relying on staff to make sure these are followed up on even if the board decides to approve this tonight so and I guess it's important to state that it's not used specifically it's experiences we've had with others and it you know we try to be Township nice but sometimes it comes back to bite us so all right hearing no other questions um let's see this was a Planning Commission item M Steve did you attend most of these I I did um the material that was not provided to the Planning Commission really was the August message from uh the engineer but outside of that everything else yeah Planning Commission I believe took action in uh June June yeah or July June or July yeah so the rest has taken a while um I'm sat I guess I'm satisfied that uh you know we we've done what we can I'm I'm again relying on the process that this is not going to get delayed and and drug out and over and over and over so based on the Planning Commission and staff and recommendations I'll move to approve a permitted use standards permit for Redline Electric 2350 liel Street to construct a 6,558 ft addition uh with the conditions that are stated uh in the permit whatever date that is back there I would just say engineering requirement subsequent the engineering requirements good there you go all right motions made do I have a second I'll second that all in favor say I hi I all opposed all right good luck folks thank thank you all right moving on item 8 C the solicitor's license request we taken that one Mr chair I would uh recommend passage of this license request uh subsequent to a complete background check which has not been completed yet when that background check is done um that uh that license would be active they have been given that material you this happens a lot that they seem to get delayed is um is there any way the township can do these without going through Rams County Sheriff you has a question for the not that I know of okay I I know they get busy and it takes a while but it seems like these are always the last thing to get finalized I can check to make sure but I don't believe there's any any method other than the Rams County Sheriff I I kind of just have one question on all this it's a a real estate company that wants to solicit to purchase homes but it all it says is those types of homes which fit the bill not sure what that means I don't know what that means either specific so if you get a knock on your door does your home the bill bill well yeah that's a I think a polite way of saying they're looking for a certain certain type of home and certain buyers are looking for a certain type of home for example Whitebear had a whole itself had a whole sling of Ramblers and people were looking to re renovate a rambler type home and if that's what they're looking for that's what they're going to solicit to so I mean I I'm comfortable with that statement but again I didn't see the background check that was going to be my question too is how can we do it but if it's subject to that I'm uh what was the date that this would be 15th of September was when they want to start correct which is given them a lot of time to get that report back but we've done this before we have again we we we rely heavily on staff to make sure that they uh follow up on these things any other questions of Patrick they do not we we will not issue a license unless the background check comes back clean and if it comes back as having issues we will bring that to your attention first and there is only one solicitor so and they're aware of simple yeah and they where they have to have a badge and all that yeah our requirements haven't changed um so I'll move based on staff reviewing recommendation authorize issuance of a solicitor's license to the Joy Ericson real estate team 500 Village Center Drive Minnesota must be North Oak subject to the following one only the f individual has granted permission to solicit under this license that would be John Johnson two the hours of solicitation shall only be Monday to Saturday 9:00 a.m. to 5:00 p.m. and no Sundays and no solicitation uh no okay never mind number three uh no solicitation shall be allowed on property displaying a sign stating no peders solicitors or Transit merchants or a comparable statement and number four receipt of the clear back ground check I'll second that motion made in second all in favor say I I I all opposed motion carries thanks guys all right moving on item 8D the 2020 budget this where we all have heart attacks we um if you'll recall Mr chair we did discuss this at our executive committee uh the board did direct uh clerk Treasurer as well as the finance officer to make recommendations to either meet or come below the uh threshold that was voted upon by the residents back in March was it in March correct March uh and what you have in front of you are our recommendations um they are almost two percentage points beneath What the residents approved uh with some more work to do before we get to our final tax levy okay Scott you resent M what do you got lucky you I just want to make sure Pat um there's there's a few things in here that are fairly substantial I I see some items have been pushed out a year or two okay I want to make sure that we in your opinion are not deferring necessary maintenance which would potentially result in a bigger problem further down the road um I mean nobody some of the prices that we have to pay to maintain stuff now is I mean it goes up um I don't like to see it but I also want to make sure that we're not potentially setting ourselves up for a bigger expense because we've allowed things to run down and and I just want to make sure that you've kept that in mind as you're going through these revisions y we and Scott that's a a philosophy that I think both of you and I share um what you have in front of you actually What the residents had in front of you back in March um that we set the preliminary Levy at that point at 23% I think is a full picture of what we could accomplish if basically Money Was No Object at that point um what you have in front of you right now I think is still addressing a large amount of the services that our residents require but not quite all immediately and what you'll probably see um depending upon how the Board of Supervisors uh vote upon it um you will probably see a very paired down budget by December um and so no I mean it's kind of that it's almost your Robin Peter to pay Paul I guess is the phrase right Tom yeah a lot of the items that we have reduced um are things that we can still provide the services that we currently are providing and replace the equipment that needs to be replaced and do the improvements that need to be improved uh where we'll get into a problem by cutting these items is if we don't increase them over the next few years uh we could be shorting ourselves uh8 10 years down the road so we'll have time to recover uh from these items and hopefully uh we'll have some extra Reserves at the end of the year that we can transfer and make up some of these differences also um for example the sign replacement uh we had quite a bit of money plugged in uh to do it in the next two years uh instead we spread it out over a three-year period originally uh we were supposed to have all the signs to meet the new reflectivity standard uh by 2020 they kept pushing it out and they finally just dropped the deadline and just said replace all your signs um so um by taking that that uh instead of doing it over two years and doing it over three years some of the signs might you know get a little more worn out than what they should um but it shouldn't cause any problems uh the tree trimming we cut a little bit again some of that money was increased uh to react to possible uh uh the ashb uh problem so so far we really haven't seen uh that problem hit the township where the township would be responsible for removing the trees such as in our Parks or along the boulevards so it's something I think we can do um if we had like you say free money and could do whatever we wanted to we probably wouldn't do any of these Cuts but uh and we'd probably even increase some of the items even more but uh we're trying to be respectful and cognizant of What the residents can tolerate as far as uh property tax increases knowing that uh we're not the only ones that make up the tax bill and that the school district is going to have a pretty significant increase in the property taxes for construction and so forth right and Ramsey County isn't probably going to cut too much either so but I I just want to make sure that you're keeping us apprised or aware or honest about um not setting aside necessary savings to repair like when we got to replace a dump truck I mean it's a lot of money and if we save a little bit over a few years it's not such a big deal but if we ignore it because we don't want to raise the taxes in a particular year it's going to catch up later on I really want to make sure that we don't that that you're keeping a US surprised if we start to go down that path that we will we are going to keep an eye on it and so far we've been fortunate enough where we've been able to still make those purchases and not have the big uh tax jump uh to fund that uh shortfall that's why he has Awards all over his walls in his office all right any other questions at Tom so the uh under the Park and Recreations to remove the movies in the park was that a double budget item is that what that was all about yeah what we what we've done is we've we've budgeted the movies in the park uh under the township day budget uh because it really doesn't fit into park maintenance mhm and when uh staff did the budget I didn't realize that they had also included it in the park maintenance budget so we had doubled up that expenditure nice try to go for special movie in the park well you caught it that's good okay all right so this isn't an action item this is just an update and this is just an update uh next uh meeting on the 16th uh you will have to approve a resolution adopting the preliminary Le Levy uh because we do have to have that certified to Ramsay County uh by the 30th of September well there will there be any further um reductions between now and then only if uh we receive because some of our budget we get from outside uh sources uh like the police the fire um the community coun or it used to be the Community Counseling now it's northw uh East Family Services uh if we get something on their budgets that where we can reduce ours uh we'll certainly uh put that into that and then uh also uh if staff finds some other areas so that we feel we can decrease the budget we will do that before uh the next meeting and then when we we vote on the preliminary budget um that's still not the final final that's cor you cannot go up okay right yeah whatever you approve on the 16th that is the highest it can be you can always still cut and get to a lower uh Levy in budget but you can't exceed it so are we comfortable that we won't get a surprise increase from any outside sources such as Ramsey County Police or we're actually going down there okay just checking I mean yeah no generally they start you know they're like everybody else everybody starts high and gets down to where they need to be or where their city councils or what have you are comfortable with but you never know right any other questions comments I think I killed that all right uh we have no other added agenda items open time I see we have a couple gentlemen in the audience want to approach and anything to talk about not tonight okay hearing none um item number 11 I need a motion to receive agenda materials and supplements I'll second that motion made second all in favor say I I I I all opposed that motion carries um motion to adjourn I will move to adjourn I'll second it all in favor say I I I I'll oppos I forgot to mention Township days okay now Poli went off yes Township days is on September the 14th it's important thanks folks that's part of open time e for