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HomeMy Public PortalAbout06/15/99 CCM105 MEDINA CITY COUNCIL MEETING MINUTES OF JUNE 15, 1999 The City Council of Medina, Minnesota met in regular session on June 15, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, and Smith. Members absent: Johnson. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and City Clerk -Treasurer Paul Robinson. 1. Additions to the Agenda A. Executive session to discuss a prosecution appeal. B. Executive session to discuss a matters of attorney client privilege concerning Holiday. Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from the June 1, 1999 City Council Meeting Moved by Phil Zietlow, seconded by John Hamilton, to approve the minutes of the June 1, 1999 as presented. Motion passed. Carolyn Smith abstained. 3. Approval of the Consent Agenda A. Resolution 99-40 Granting Final Plat Extension to Covey Run, Tom Gubbins. B. Approval of Annual Dock License for Tony Barden at Independence Beach Park. C. Resolution 99-41 Granting Final Plat Approval for Foxberry Farm 6tn Addition. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the consent agenda as presented. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Planning Commission Comments. There were none. 6. Park Commission Comments There were none. 7. Variance to the Subdivision for Soil Requirements for 1152 Navajo Road, Doug and Alicia Malikowski, and 3132 Tamarack Drive, Thomas and Claudia Kelly Loren Kohnen said the Kellys and Malikowskis were requesting a variance to the subdivision ordinance to replat their properties and accommodate a lot line rearrangement. This replat would take good soils from one property causing the other property go below the amount good soils required. Loren Kohnen read the memo from the Planning Commission. He said that the Planning 106 Commission approved the variance to the soil requirements. They said that lot line movement will not impact future septic and include the following hardships: the plat will not create any additional parcels and the new lot lines will more closely follow the natural features of the properties. Moved by Phil Zietlow, seconded by John Hamilton, to authorize the city attorney to draft a resolution to approving the variance as requested with the hardships as approved by the Planning Commission. Motion passed unanimously. 8. Release the Final Letter of Credit for Foxberry Farms First and Second Addition. Moved by Carolyn Smith, seconded by Phil Zietlow, to release the letter of credit. Motion passed unanimously. 9. Elm Creek Knoll — Authorize Final Plat Resolution Loren Kohnen said all parties had reviewed this plat and he recommended the city go forward with the final plat resolution. Moved by Carolyn Smith, seconded by John Hamilton, to authorize the city attorney to draft a resolution approving the final plat resolution for Elm Creek Knoll. Motion passed unanimously. 10. Preliminary Plat Approval — Steve Scherer, 2672 Willow Drive — Wilfred Scherer Loren Kohnen read his memo and said staff recommended approval of the preliminary plat. Kohnen said that lot 1 meets the soil requirements, and an additional 1.58 acres of conventional innovative soils is being added to the existing two acres of conventional soils on lot 2. He said that no new lots are being created and that all the requested easements were being provided. Moved by John Hamilton, seconded by Phil Zietlow, to authorize the city attorney to draft a resolution approving the preliminary plat. Motion passed unanimously. 11. Set -Back Variance Requests for 2959 Lakeshore Ave. - Jim Kelly and 2962 Lakeshore Ave. - Francis & Paula Broqhammer Loren Kohnen addressed both variance requests at the same time. Loren Kohnen read the memo for 2959 Lakeshore Avenue — Jim Kelly's variance request. He said that Mr. Kelly was requesting a variance to construct a new home on an existing lot. He said the lot has an old cabin on it, which will be completely removed. He said the variances requested are a five-foot variance to the front yard setback and a 30-foot variance to the rear yard setback. Kohnen said staff recommended approval with the following hardships: other homes in the immediate area have received similar or greater variances, this is an existing lot between the lake and the road and it is not possible to add any additional property to this lot. Loren Kohnen said the Planning Commission also recommended approval with the same hardships. Mr. Kohnen said the other variance request was for 2961 Lakeshore Avenue from Francis and Paula Broghammer. He said that Mr. and Mrs. Broghammer were requesting three variances for the construction of a new home at 2961 Lakeshore Avenue. He said currently there is a small cabin and shed on this property both in poor condition and will be removed before the new home is constructed. He said on the southern part of this lot there is a T-shaped, five foot wide and 109 foot long lot. He said 107 this lot was also purchased by the Broghammers and will be added to the larger lot within the next few months. He said the variances requested were for a front yard variance of 10 feet six inches, a side yard variance of 5 feet and a rear yard (lake side) variance of 32 feet. Loren Kohnen said staff recommended approval of the variance with the following hardships: that the existing lot size is 6600 square feet and only 55 feet wide, it is an existing lot between the lake and the city street, other homes in the immediate area have received similar or greater variances, and when the narrow lot to the south is added, the side yard setback variance will not be needed. Kohnen said the Planning Commission approved the variances as requested with the same hardships except they eliminated the statement concerning the addition of the smaller lot. Kohnen showed the properties in question on an overhead and showed the existing three lots. The small lot in between the two lots contains an easement which allows residents that lived across Lakeshore Avenue to have docks and gain access to Lake Independence. There was some discussion about the easement between the two properties and whether or not any of the residents held a view easement which would prohibit blocking the view of the lake. None of the owners from across the road held a view easement. Greg Smith of 4635 Pine Street said he had a problem with the size of the structures. He said it would look better to have the new homes conform more to the looks of the other homes in the neighborhood. There was some discussion about the condition of the lakeshore and the access to the lake over the easement. There were some issues with erosion of the lakeshore and with the access to the lake. Mr. Broghammer said that he would like to protect the lakeshore. He said the easement gives property owners from across the street the right to access the lake, but he has the ability to improve the lakeshore and stop the erosion by installing riprap or by some other means. Mr. Broghammer said the steps down to the lake were in poor shape and he would also like to improve them as well as the overall condition of the property on which the easement exists. However he does not want to do that until he has some guarantee from the easement holders that he will not be held liable for those improvements. There was some discussion about whether or not the easement could be moved to another portion of the property. At this point that did not seem feasible. Ron Batty, city attorney, asked if these were private easements. Loren Kohnen said yes they were. Dennis said the easements were deeded to the property, but they were just easements, there is no deed to the land. He read the easement description. Phil Zietlow asked if this was for use or ownership. Dennis said that this was only for use of the property. 108 Ron Batty said that if the two lots were to be replatted, the small lot and the larger lot, then, at that point, some of these issues could be taken care of. For tonight the main issue is whether or not the city council will approve the variances requested. Phil Zietlow wanted to make sure the setback requests were not increasing or setting new precedents. Loren Kohnen said that the hardships used and setbacks requested were similar to those in the area. There was some concern by the residents who owned the easements that the riprap would create a difficult surface for them to gain access to the lake. There was some discussion between the easement holders and the property owners. John Ferris said what needs to happen here is the two parties need to get together and work this out. He said the issue for the Council tonight is the variances requested and not the easement. There was some discussion about the previous owner, Dr. Olson, and some of the issues between the property owners and the easement holders. Many of these issues had built up over time with the previous owner. The new property owners and the easement holders will need to work out a continuing arrangement that will be suitable to both parties. Greg Smith said that all the neighbors in the area do want to see the property improved. They just do not want to see a two-story building that will block their view of the lakeshore. John Ferris said once again the issue is whether or not the city council will approve the variances. Moved by Carolyn Smith, seconded by Phil Zietlow, to authorize the city attorney to draft a resolution approving the variances for both 2959 Lakeshore and 2962 Lakeshore. Motion passed unanimously. 12. 1998 Audit Presentation — Dave Hinnenkamp from Kern, DeWenter, and Viere Dave Hinnenkamp went through the audit management letter. He explained the difference in the market values from 1997 to 1998. He said there was an increase in market values, however, the tax capacity in the city did go down slightly because of the class rate changes that were enacted by the state legislature. He said the levy has been increasing and reflects the growth in the city. He said even with these changes Medina still has one of the lowest tax rates in the state at 15.9%. Mr. Hinnenkamp said that the City's revenues are coming from similar sources to those of most cities. He said that one of the largest increases in revenues was from increased activity in the police department. He then went through some issues in the water and sewer funds. He said that the water fund was in good shape, indicating that rates are okay. He said in the sewer fund it looked like the rates are maybe falling a little short and that an increase may be needed next year. 109 There was a significant amount of conversation about the tax increment financing funds. He said the office of the state auditor is being very zealous in its enforcement of the state statutes. He said they are requiring new information from cities that cities may or may not have collected in previous years. This makes it difficult for cities to comply with their requests. Such is the case with Medina. Hinnenkamp said that for the Y2K bug, they did not make an official determination, however, it looks like the city is going through the correct procedures to prepare for the year 2000. Hinnenkamp closed by saying that the city is in good financial shape. He said there were a few compliance issues, but nothing critical. Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the audit report for 1998. Motion passed unanimously. 13. Authorizing the Final Plat Resolution for Connelly/Haug Replat Loren Kohnen said the plat was reviewed and since the easements did not need to be vacated as initially required they could move forward with approval of this plat. Moved by Carolyn Smith, seconded by Phil Zietlow, to authorize the city attorney to draft a resolution approving the plat. Motion passed unanimously. 14. Safety Program Jim Dillman said recently they hired a firm to conduct an OSHA compliance audit. He said there were a number of areas identified by the audit where the city is out of compliance and changes will be required. He said that OSHA also requires cities to have a safety committee. He recommended that Steve Scherer head up the committee and that the committee include himself, Mike Rouillard and Laura Sulander. He wanted approval from the City Council to set up this committee. There was some discussion about adding a council person to the safety committee. After some discussion the city council added John Hamilton to the safety committee. Moved by Phil Zietlow, seconded by Carolyn Smith, to add John Hamilton as the safety committee liaison. Motion passed unanimously. 15. Liquor License Renewal Carolyn Smith asked how the city determined the cost of the liquor licenses. Ron Batty said that it is based on the square footage of the facility. Moved by John Hamilton, seconded by Carolyn Smith, to approve the liquor licenses as submitted. Motion passed unanimously. 16. DNR Greenways Grant Paul Robinson said the city received a majority of the Greenway's Grant request. He said they received $20,000 that will be matched primarily by the Hennepin County Conservation District and in part by the City. He said the lead staff person at the Hennepin County Conservation District was in a motorcycle accident, which may delay the beginning of the project. 110 Robinson said when the project begins, city staff will meet with the Hennepin County Conservation District and come up with locations where the significant natural features survey should begin. Robinson said the inventory will probably begin on properties such as the Elwell property where development may occur sooner rather than later. 17. C.P. Rail Agreement Paul Robinson said that the city could either pay $120.00 per year or pay a one-time fee of $1,000.00. Moved by John Hamilton, seconded by Carolyn Smith to approve the $1,000.00. Motion passed unanimously. 18. Long Lake Fire Department Building Committee Paul Robinson said that Jim Johnson would be the lead city council person on this committee, however, he will not be able to make all the meetings and wanted to have the city council to appoint an alternate. Phil Zietlow said that he would be the alternate. The consensus was to appoint Phil Zietlow to the committee. 19. Approval of the Bills Moved by Carolyn Smith, seconded by John Hamilton, to approve the bills, order check numbers 19760-19821 for $58, 847.77 and payroll check numbers 16141-16156 for $16, 066.78. Motion passed unanimously. 20. Executive Session for Matters of Attorney/Client Privilege Moved by Carolyn Smith, seconded by Phil Zietlow, to close the meeting for an executive session. Motion passed unanimously. Moved by John Hamilton, seconded by John Ferris, to close the executive session and come back into regular session at 10:45 p.m. Motion passed unanimously. 21. Adjournment Moved by John Hamilton, seconded by John Ferris, to adjourn the meeting at 10:46 p.m. Motion passed unanimously. /-~ B. Ferris, Mayor Paul Robinson, City Clerk -Treasurer 111 ORDER CHECKS - JUNE 15, 1999 19760 Great West Life Assurance $ 882.00 19761 Minnesota Mutual 275.00 19762 Minnesota State Treasurer 155.00 19763 P. E. R.A. 3,495.69 19764 Air Touch Cellular 158.53 19765 Airgas North Center 491.06 19766 American Express 344.85 19767 Ameripride Linen & Apparel 47.19 19768 Aspen Equipment 36.74 19769 Bryan Rock 1,616.33 19770 Budget Printing 484.26 19771 Buffalo Bituminsou 2,554.10 19772 Chief Supply 24.49 19773 Department of Commerce - NOTRN 160.00 19774 Fortin Hardware 14.73 19775 Genuine Parts 194.71 19776 Glenwood Inglewood 95.85 19777 Gopher State One Call 222.25 19778 Hamel Building Center 143.32 19779 Hawkins Water Treatment Group 189.72 19780 Hennepin Co. Treas.,Acctg. Svcs. 298.00 19781 Holiday 8.91 19782-83 Imprest Fund 1,775.11 19784 lnfratech 4,275.00 19785 Intl Assn. Of Chiefs of Police 165.00 19786 Kern, DeWenter, Viere 6,000.00 19787 Lakeshore Weekly News 254.67 19788 Larson Publications 107.70 19789 Law Enforcement Labor Services 165.00 19790 Long Lake Power 518.51 19791 Mayer Mobil 22.51 19792 Medica 196.70 19793 Medtox Labs 46.00 19794 Metro West Inspection 6,576.10 19795 Metro Council Environmental Services (Treatment Chgs)9,721.98 19796 Metro Council Wastewater Services (SAC Charges) 4,158.00 19797 Midwest Asphalt 610.43 19798 Midwest Automotive 1,403.12 19799 Minn Comm 30.69 19800 Minnesota City/County Management Assn 77.00 19801 Minnegasco 25.25 112 ORDER CHECKS — JUNE 15, 1999 (CONT'D) 19802 Minnesota Child Support Payment Center 595.00 19803 Minnesota Dept. of Health 653.00 19804 Mothers Motors/Loretto Towing 40.00 19805 Northern States Power 1,046.17 19806 P-4, Inc 105.85 19807 Perry's Truck 56.64 19808 Reynolds Welding 19.81 19809 Ritz Camera 22.33 19810 Scharber & Sons, Inc. 30.12 19811 State of Minnesota CPV Program 350.00 19812 Streicher's 86.81 19813 STS Consultants 1,000.00 19814 Tallen & Baertschi 3,086.22 19815 Twin City Water Clinic 35.00 19816 U.S. West Communications 33.72 19817 Warning Lites 304.99 19818 West Side Redi Mix 305.92 19819 Westside Maintenance 2,970.00 19820 Westside Wholesale Tire 10.00 19821 Wright -Hennepin Electric 74.69 $ 58,847.77 PAYROLL CHECKS — JUNE 7, 1999 16141 Paul A. Robinson $ 940.39 16142 Steven T. Scherer 1,005.50 16143 Christopher R. McGill 1,067.81 16144 Michael J. Rouillard 1,330.23 16145 Scott W. Kroeger 1,126.75 16146 James D. Dillman 1,279.52 16147 Robert P. Dressel 964.10 16148 Edgar J. Belland 1,679.79 16149 Martha C. Lundell 404.16 16150 Cecilia M. Vieau 847.39 16151 Laura L. Sulander 981.66 16152 Sandra L. Larson 787.71 16153 Jon D. Priem 1,182.68 16154 Judd J. Harper 387.83 16155 Jeremy L. Christenson 1,042.48 16156 James Nystrom 1,038.78 $16,066.78