CITY COUNCIL MEETING MINUTES March 7, :00pm

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1 CITY COUNCIL MEETING MINUTES March 7, :00pm 1) Call to Order Mayor Whalen called the meeting to order at 7:00 p.m. a) Pledge of Allegiance b) Introductions: Present: City Council: Mayor Lisa Whalen, Patricia Thoele, Pam Mortenson, and Bob Christians; Staff: City Administrator Michael Barone, Finance Director Brian Grimm, Community Development Director David Abel, Director of Public Safety Paul Falls, and City Clerk Kris Linquist; Consultants: City Attorney Ron Batty, Kennedy & Graven and City Engineer Paul Hornby, WSB Engineering. Absent: Mark Vanderlinde c) Approval of Agenda Motion by Mortenson, seconded by Christians to approve the agenda as presented. 2) Special Presentations a) Michael Kurtz and Carson Meritt Teen Homelessness Michael Kurtz and Carson Meritt gave a brief presentation on Teen Homelessness and requested to have April 2016 be recognized as Teen Homelessness Awareness Month. They stated that there are approximately 4,000 homeless youth (0-18) in Minnesota and that every community has homeless teens. They have raised approximately $2,000 so far. Motion by Thoele, seconded by Mortenson to approve Resolution Declaring April 2016 as Teen Homelessness Awareness Month. b) Chris Larson, S.E.H. Update on Water Treatment Plants Chris Larson with S.E.H. gave a power point Water Treatment Plants update. Pictures of the construction site from the North Water Treatment plant Construction is 20% completed. On schedule to be substantially complete November 30, ) Persons to be Heard Residents that signed up will speak during Item 6b. Page 1 of 11

2 4) Consent Agenda a) Approve Work Session Meeting Minutes from February 1, 2016 b) Approve Regular Meeting Minutes from February 1, 2016 c) Approve Closed Session Meeting Minutes from February 1, 2016 d) Res. No Approve Claims e) Res. No Approve Election Equipment Lease Agreement with Westonka School District 277 for 2016 Special School Election f) Res. No Approve Application for Lawful Gambling Exempt Permit at Burl Oaks Golf Course for Hennepin County Sheriff Foundation g) Res. No Approve Purchase of SAN Array Server expansion h) Ord. No. 435 Amend Ordinance No Fee Schedule to Allow PRV fee i) Res. No Support Kris Linquist in her application for the Treasurer position with the Minnesota Clerks and Finance Officers Association (MCFOA) for the board year j) Sketch Plan Review: Application from Joseph & Berva Bocklage to subdivide the lot located at 3265 Eagle Bluff Road into two lots, R-1 Low Density Single Family Residence, PID# k) Res. No Approve a two year extension to the Preliminary Plat and Dock Variance approval for Highlands at Whaletail Lake for Edward and Mary Ryan located at 2300 County Road 92, AP Zoning, PID# l) Res. No Approve a two year extension request for Jason and Anna Wilkerson for a Front Yard Setback Variance at 5995 Loring Drive, R-1 Zoning, PID# Mayor Whalen requested to remove item 4c Approve Closed Session Meeting Minutes from February 1, 2016 and item 4i Res. No Support Kris Linquist in her application for the Treasurer position with the Minnesota Clerks and Finance Officers Association (MCFOA) for the board year. Motion by Thoele, seconded by Mortenson to approve the Consent Agenda with the exception of items 4c and 4i. Mayor Whalen requested the removal of Item 4c Approve Closed Session Meeting Minutes from February 1, She requested to have the minutes to reflect the following reason for the closed session, Discussion of potential litigation for property acquisition. Motion by Christians, seconded by Thoele to recommend the stated change, Discussion of potential litigation for property acquisition reflected in the February 1, 2016 Closed Session Minutes. Page 2 of 11

3 Mayor Whalen requested the removal of Item 4i - Res. No Support Kris Linquist in her application for the Treasurer position with the Minnesota Clerks and Finance Officers Association (MCFOA) for the board year. She wanted to express her and the Council s support in professional growth of employees and wished Ms. Linquist luck in her application for the Treasurer s position. Motion by Mortenson, seconded by Christians to approve Resolution No Support Kris Linquist in her application for the Treasurer position with the Minnesota Clerks and Finance Officers Association (MCFOA) for the board year. 5) Public Hearings a) Application for a Temporary Intoxicating Liquor License for a Fundraiser to benefit Westonka Youth Softball Association hosted by the Northwest Tonka Lions City Clerk Linquist presented the Staff report found in the City Council Packet dated March 7, She overviewed the applicant s request for a one-day Temporary Liquor License for the Northwest Tonka Lions. Highlights included the following: This is a fundraising event for the Westonka Youth Softball Association. The event will take place at Voyageur Environmental Center on April 24, 2016 from 5-7 p.m. Temporary intoxicating liquor licenses may be issued to non-profit organizations. The Northwest Tonka Lions meet this qualification. Notice of public hearing was provided in accordance with statutory requirements. Northwest Tonka Lions will provide Wine tasting and malt liquor sales at the Fundraising Event. The applicant has submitted all required materials including the required fee and proof of insurance. The Minnetrista Public Safety Department has conducted, and the applicant has passed all legally required background checks. Mayor Whalen opened the public hearing at 7:24 p.m. There was no one present to speak on the item, Mayor Whalen closed the public hearing at 7:24 p.m. Motion by Christians, seconded by Thoele to approve a one-day Temporary On-Sale Liquor License to the Northwest Tonka Lions in conjunction with the Fundraising Event for the Westonka Youth Softball Association being held on Sunday, April 24, 2016 at Voyageur Environmental Center located at 7000 County Road 15 with conditions as noted on the temporary license. Page 3 of 11

4 6) Business Items a) Res. No Approve Work Order for additional scope of services by S.E.H. for 2016 Water System Improvement Project (City Project 02-15) City Engineer Hornby presented the Staff report found in the City Council Packet dated March 7, He overviewed the additional Engineering Services provided by S.E.H. for the 2016 Water System Improvement Project. Highlights included the following: S.E.H. completed the plans and specs and bidding for the North & South Water Treatment Plants (WTP) The WTP bidding documents included pumping and electrical work in the project construction scope. S.E.H. provided a proposal for the work performed in the design phase for the additional design work and the plan review fee paid by S.E.H. to the Minnesota Department of Health (MnDOH). Motion by Thoele, seconded by Mortenson to approve Resolution Approving S.E.H. s proposal for additional engineering services in the amount of $6,000. b) Res. No Approve Variance for Mark Kauppi who is requesting a 51.8 foot variance from the required setback of 158 feet established by Chapter 5, Section Subd. 8 (b) Riparian View Shed Protection to build a new home at a distance of feet from the Ordinary High Water of Lake Minnetonka at the property located at 5107 Minneapolis Avenue, R-1 Zoning, PID # Community Development Director Abel presented the Staff report found in the City Council Packet dated March 7, He overviewed the applicant s request for a variance to the Riparian View Shed Protection Ordinance. Highlights included the following: Applicant is requesting a 51.8 foot variance from the required setback of 158 feet established by Chapter 5, Section Subd. 8 (b) Riparian View Shed Protection to build a new home at a distance of feet from the Ordinary High Water of Lake Minnetonka (OWH) When the applicant purchased the property, there was a home on the property and it was located at the minimum 75 foot setback from OWH. The applicant had applied for a demolition permit along with building a new home. The city approved this application. The neighbors appealed staff s interpretation of application of Riparian View Shed Protection as it applies to the Property. At the Appeal Hearing, the Board of Appeals and Adjustments determined that the staff s interpretation of the Riparian View Shed Protection Ordinance was incorrect and the property does need to adhere to the ordinance. Page 4 of 11

5 Neither the appeal nor the interpretation of the Riparian View Shed Ordinance is at question for this request. The request is a variance to the Riparian View Shed Ordinance. On February 22, 2016, the Planning Commission voted 4-2 recommending denial of the variance request citing the negative impact to neighboring properties Riparian View and the devaluation of neighboring properties property values that would occur with approving the variance request. Staff recommends approval of the Variance request as stated with the finding of facts. Pat Steinhoff of Malkerson, Gunn, Martin 200 South 6 th Street, Minneapolis; Attorney for Mark Kauppi, asked the council to consider only the variance that is presented before them and requested that the council approve the variance request for his client. Mark Kauppi 5107 Minneapolis Avenue; Applicant, spoke on the hardship that they are experiencing and is requesting the council to approve his request for the variance. Matt Seltzer of Stinson, Leonard, Street 150 South 5 th Street, Minneapolis; Attorney representing the Schmelings, stated that his client opposes the request for the variance. He stated that this is a variance to the Riparian View and that it would be setting a bad precedence by allowing this variance. Judy Schmeling 5115 Minneapolis Avenue, spoke on her view of the lake and the riparian view shed protection ordinance and stated that if the variance was approved it would ruin her lake view. She urged the council to deny the variance. Jerry Aman 5103 Minneapolis Avenue, spoke on protecting lake views. He requested the Council to deny the variance request. Randy Lee 5099 Minneapolis Avenue, supports a new home on the lot but does not support the variance to the Riparian View Shed Protection Ordinance. Cathy Stepanak 5121 Minneapolis Avenue, stated that she is in support of the Schmeling s and to deny the request. She commented that she had previously applied for variances on her property and they were denied. Jim Shear 5125 Minneapolis Avenue, expressed his support for the Kauppis and that the decision should be based on the facts and not emotions. Mike Schatz 6419 Bay Ridge Rd, Mound; original Real Estate Agent for Kauppi, spoke on the work he had done with the Kauppis when they first purchased the property back in 2008 and the conversations he had with the then time City staff. Christians questioned what the original house setback from the lake was before it was Page 5 of 11

6 torn down. Abel stated it was at the required 75 foot lake side setback to OHW of Lake Minnetonka. Mayor Whalen questioned if the unplatted Minneapolis Avenue is a right-of-way or an easement. Batty stated it is both, but the width of right-of-way is less than what is required for a street now and stated that it was platted in All right-of-ways are considered streets which are also considered easements. It is a street that was never improved. Mayor Whalen questioned previous staff s decisions on considering this property a corner lot because it abuts two streets. Batty stated there would be two front yard setbacks for this property instead of a front yard and a side yard setback. Mayor Whalen questioned how these decisions would play out in a court of law. Batty stated that the appeal would first have to come to the Council for review. The decision of the current staff was based on what previous staff s interpretations were. There really is no local government case law for how the PELA courts would decide but there is county case law. This would probably be viewed in the same way if it went to court. Batty commented that this is a standard variance request that is before the council. Thoele responded to the comment, One decision is a forever decision, she stated that is not necessarily true. She commented on the Schmeling s home being built close to the road could also set a precedence. She also noted that many of the homes on Minneapolis Avenue are at a 75 foot Lakeside setback. She stated that this is an unfortunate situation. Christians commented that if the house had not been torn down and some of the original footprint would have been left, the house could have be built at the 75 foot lake side setback and expressed that he is in support of the variance. Mortenson commented that she attended all three meetings regarding this property and stated, even being asked several times, the neighbors have never given a compromising number that they would be comfortable with. Paul Schmeling spoke up and stated he was never asked that question but if one must be provided, that it would probably be around half of the proposed number and what would be required by the Riparian View Shed Protection Ordinance. Steve Sexton 3575 Tuxedo Rd, Minnetrista; Builder for Kauppi, stated that the house could not be built with setting it back any further from the lake without substantially changing the building plans. Mayor Whalen commented that the council wants to serve their residents fairly and cannot base their decisions on emotions or he-said-she-said but rather on the law and facts. She stated that any resident could plant trees on their property which also would hinder lake views. She commented that if the council denied the variance, that Page 6 of 11

7 the Kauppis could bring the appeal to the council and based on the facts, the council would have to overturn the decision of the Minnetrista Board of Adjustments and Appeals and allow the Kauppis to build their home at the 75 foot Lakeside setback. She would prefer to have some type of compromise. She understands that everyone loves their lake views. She stated that she would have liked to have seen the compromise be more but that is not what was presented to the council for consideration. The timeline and historic events on this property are in Kauppi s favor. She stated that the council is faced with a hard decision. Motion by Christians, seconded by Thoele to approve Resolution Approving the Riparian View Shed Protection setback variance from 158 feet to feet to allow the construction of a new home at 5107 Minneapolis Avenue with the finding of fact listed in the packet. Mayor Whalen called for a short break at 8:31 p.m. The meeting reconvened at 8:39 p.m. c) Res. No Approve Delegating to the City Clerk authority to Acknowledge or Deny Exempted Lawful Gambling Applications City Clerk Linquist presented the Staff report found in the City Council Packet dated March 7, She overviewed the request for authority to Acknowledge or Deny Exempted Lawful Gambling Applications. Highlights included the following: Non-profit Organizations are permitted to conduct lawful gambling, which includes raffles, bingo, pull-tabs, tipboards, and/or paddlewheels by applying for an Exempt Permit The Minnesota Gambling Control Board regulates these Lawful Gambling Exempt Permits and requires local unit of Government (Minnetrista) acknowledges the application prior to submitting it to them for approval. Since it is just an acknowledgement, the city clerk is requesting authority to handle them when the request is submitted due to possible time constraints of meeting times of the City Council. Motion by Thoele, seconded by Mortenson to approve Resolution Delegate the Authority to the City Clerk to Acknowledge or Deny Exempted Lawful Gambling Applications. d) Res. No Approve Payment of Permanent and Temporary Easement Agreements for Watermain Project, City Project Finance Director Grimm presented the Staff report found in the City Council Packet dated March 7, He overviewed the temporary and permanent easement agreements and authorization of payment for those easements for the City s Water Page 7 of 11

8 Treatment System Water Main extension. It is necessary to extend a new water main from Kings Point Road to Pinnacle Way via Farmhill Circle, Farmhill Road, and Halstead Drive. Some of the water main will be constructed within existing City right-of-way or other easements but it will be necessary to acquire additional permanent and temporary easements over private properties. Agreements have been reached with two more property owners with compensation of $95,000 for one and $28,750 for the other. Progress is being made with the two remaining property owners for easement agreements. Christians questioned if the two property owners wanted to hook up to city water, would the responsibility lie on the property owner. Staff commented those two property owners would be responsible for their hook up charges. Motion by Christians, seconded by Mortenson to approve Resolution Authorizing Payment and Approval of Easement Agreements for Water Main Project (City Project 02-15) e) Res. No Accept Bids and Award Contract for Municipal Production Wells 6 & 7 (City Project 03-13) City Engineer Hornby presented the Staff report found in the City Council Packet dated March 7, He overviewed the Municipal Production Wells 6 & 7 Project. The City received and opened bids on March 1, The Engineer s Estimate was $627, There was one bidder- Mark J Traut Wells, Inc., with a bid of $484, Motion by Mortenson, seconded by Thoele to approve Resolution Accepting bids and Awarding the contract to Mark J Traut Wells, Inc. in the awarded amount of $484, for Municipal Production Wells No. 6 and 7 (City Project 03-13). f) Res. No Accept Bids and Award Contract for Wells 3 & 5 Rehabilitation Improvements (City Project 03-15) City Engineer Hornby presented the Staff report found in the City Council Packet dated March 7, He overviewed the Wells 3 and 5 Rehabilitation Improvements Project. The City received and opened bids on February 2, The Engineer s Estimate was $153,350. The City received four bids for the project and the lowest responsive bid was from Bergerson-Caswell, Inc. with a low bid of $128, Page 8 of 11

9 There was discussion of the usage of the wells and the need for them to be rehabilitated. Motion by Thoele, seconded by Mortenson to approve Resolution Accepting Bids and Awarding a Contract to Bergerson-Caswell, Inc. in the awarded amount of not to exceed $128, for Wells No. 3 and 5 Rehabilitation Improvements Project (City Project 03-15). g) Res. No Approve Change Order No. 1 for additional work by Knutson Construction for 2016 Water Treatment Facilities Improvement Project (City Project 02-15) City Engineer Hornby presented the Staff report found in the City Council Packet dated March 7, He overviewed the Wells 3 and 5 Rehabilitation Improvements Project. The Contractor has requested compensation for additional work items associated with the water treatment plants for the 2016 Water System Improvements, City Project The change order is for the wet-tap connection to make the connection to the water tower watermain, watermain to run under the footing at the North Water Treatment Plant, and for the State permit surcharge fee. Change Order No. 1 is in the amount of $19,246, increasing the contract from $7,880,233 to $7,899,479. Mayor Whalen quested if this would be covered under the PFA loan. Grimm stated that it would be. The city has a small contingency built into the loan for such incidental items. Motion by Thoele, seconded by Christians to approve Resolution Approving Change Order No. 1 for the 2016 Water System Improvements, city Project not to exceed $7,899,479. h) Res. No Approve Hiring of John Molin for the Part-Time Building Inspector position City Administration Barone presented the Staff report found in the City Council Packet dated March 7, He overviewed the hiring of a Part-Time Building Inspector. This position was included in the 2016 Budget. The City received four applications for the Part-Time Building Inspector position and interviewed all four applicants. The position is necessary for the increased demand on the Planning Department for building inspections and plan reviews. Page 9 of 11

10 A conditional offer letter of employment for Mr. John (Jack) Molin was sent on March 2, 2016 and contingent upon approval of the City Council. Mr. Molin would start on or before March 29, Barone stated that if there is a need, the city may have to look at hiring a full-time building inspector and it could be addressed during the 2017 Budgeting process. Motion by Christians, seconded by Mortenson to approve Resolution Approving the Conditional Offer of Employment for John Molin as a Part Time Building Inspector with the City of Minnetrista. 7) Administrative Items a) Staff Reports i) City Administrator Wanted to recognize Public Works for the nice job they did on the City Hall Men s rehab project they did in February. ii) HR/Communications Coordinator - Website slated to go live on Wednesday this week. - Received 67 applicants for the Police Officer position hoping to find two officers from the process with one hopefully starting in June. iii) Director of Public Safety - Heart Safe Initiative on Thursday at the High School providing all 900 students and staff CPR and basic First Aid training - Trista Day will have some new items this year. May 21, a-2p - Spirit of the Lakes Parade will coordinate the registration iv) Community Development Director - Council member for Park Commission in March Thoele - Council member for Planning Commission in March Thoele - Set Comprehensive Plan Update Committee at next meeting v) City Engineer - Preliminary Design for Halstead Drive. b) Council Reports i) Mayor Lisa Whalen - WeCAN - Grace Family Center - Pioneer Sarah Creek TECH meeting - Regional Solicitation Transportation workshop - NW League - Gillespie Center Page 10 of 11

11 ii) Patricia Thoele - Park and Planning Commissions for March iii) Mark Vanderlinde Absent iv) Pam Mortenson - Trista Day May 21 st released new event this year Pig Races - Spirit of the Lakes Parade - Pioneer Sarah Creek Watershed v) Bob Christians - Moonlight Walk - Recognized Paul Falls - Spirit of the Lakes 8) Adjournment Motion by Christians, seconded by Thoele to adjourn the meeting at 9:38 p.m. Respectfully Submitted, Kris Linquist, CMC City Clerk Page 11 of 11