City of TonkaBay

Regular City Council Meeting

September 11, 2012Page1 of 5

CITY OF TONKABAY
ITEM NO. 4A

MINUTES

City of TonkaBay

Regular City Council Meeting

September 11, 2012Page1 of 5

TONKA BAY CITY COUNCIL

REGULAR MEETING

September 11, 2012

1.CALL TO ORDER

The regular semi-monthly meeting of the Tonka Bay City Council was called to order at 7:00 p.m.

2.ROLL CALL

Members present: Mayor LaBelle, Councilmembers Marceau, Anderson and Holscher. Councilmember De La Vega was absent. Also present were City Administrator Kohlmann, City Attorney Penberthy, and Public Works Superintendent Kluver.

3.APPROVAL OF AGENDA

Holscher moved to approve the agenda as submitted. Marceau seconded the motion. Ayes 4. Motion carried.

4.CONSENT AGENDA

Marceau moved to approve the consent agenda as presented approving the regular meeting minutes of August 28, 2012 as written. Holscher seconded the motion. Ayes 4. Motion carried.

5.MATTERS FROM THE FLOOR

None

6.SPECIAL BUSINESS

A.Jan Callison – HennepinCounty Commissioner – Commissioner Callison was present to update the City Council on activities and issues in HennepinCounty. She discussed the 2013 budget. She stated revenues for 2013 will not change but service needs will change. She noted more people are asking for services, and there are less County employees to provide the services. She discussed budget cuts and senior management retirements. She noted the new Excelsior library construction will be moving forward following final approval by the CountyBoard in October. Holscher asked what kind of tracking system is in place to dispatch service by a cell phone. Callison stated a gps shows on the monitor where the call is calling from. LaBelle thanked Callison for her dedication to the County and thanked her for the help the City received getting a grant for the basketball court.

7.PUBLIC HEARINGS

A.Variance Request – M. Mitchell Davis, 415 Lakeview Avenue – Kohlmann outlined the public hearing process for the benefit of those in attendance. Kelsey Johnson, City Planner noted the property location and discussed the variance being requested. She noted R-1A zoning districts require 20,000 square feet. She noted this lot is 4.424 square feet less than the size required. She stated it is over 25% impervious surface and a variance is required. As long as the City Engineer has reviewed it and a storm water management plan is in place, it can exceed 25%. There is not currently a plan. She noted it will remain a single family residential site. It is in harmony with the ordinances and is a reasonable use. The lot is unique as it is smaller than what it is required. She reviewed other criteria which are all being met. She recommended approval subject to conditions included in the staff report. Kohlmann reviewed the process to adopt a resolution. Holscher wanted to assure the storm water management plan is in place. LaBelle opened the hearing to public comments. There were none, and the hearing was closed. Holscher stated she was concerned about the runoff and had talked in detail with Suzanne Kuhlemeier in length about how it would impact adjoining properties. Marceau agreed with her comments. He stated he was comfortable with what was being put into place. Holscher stated she received a call from a resident Penberthy stated it appears the City Council would like to review the plan prior to the public hearing in the future. Kohlmann noted that a plan had been submitted but was rejected by the City Engineer. The variance is contingent upon the City Engineer accepting and approving the plan. LaBelle stated he supported the recommendations. Marceau moved to direct staff to prepare the following resolution:

RESOLUTION NO. 12-27

A RESOLUTIONAPPROVING VARIANCES FROM THE MINIMUM LOT AREA FOR M. MITCHELL DAVIS AND LAURIE A. DAVIS AT 415 LAKEVIEW AVENUE

According to the following findings of fact:

  1. The continued use as a single-family home is consistent with the comprehensive plan.
  2. Granting the variances will not impair an adequate supply of light and air to adjacent parcels.
  3. Granting the variances will not unreasonably increase congestion in the public street. The continued use is a single family home which will not generate traffic volumes that would increase congestion.
  4. Granting the variances will not increase the danger of fire or endanger the public safety.
  5. Granting the variances will not diminish or impair established property values in the neighborhood. The proposed addition should increase property values in the neighborhood.
  6. Granting the variances will not alter the essential character of the locality.
  7. The topography of the site and the size of the parcel were not created by the current owners. These are circumstances unique to the property.
  8. The variance requests are in harmony with the general intent of the Ordinance. The Ordinance permits single-family homes that meet 60 percent of the district’s requirements. Overcrowding of homes will not occur.
  9. The variance request is in harmony with the general intent of the Ordinance. The proposed addition will bring the home into compliance with required setbacks.

And subject to the following conditions:

  1. The applicant shall submit a storm water management plan acceptable to the City Engineer, and include a maintenance agreement for such plan, and that no building permit will be issued until this condition is met.
  2. The applicant shall obtain all necessary permits and approvals from the City and other applicable entities with jurisdiction prior to any construction.
  3. The MCWD shall review and approve the final grading plans prior to any work being authorized (which may require an erosion control permit). Proof of the MCWD approval shall be provided to the city prior to a building permit being authorized.
  4. Silt fencing shall be shown on the building permit plans and shall be subject to review the approval by the City Engineer.
  5. A sump pump inspection must be completed by the City of Tonka Bay prior to C.O. being issued.
  6. Construction shall follow the survey and plans as submitted or as required to be updated by the City Engineer.
  7. Building of structures shall not occur within any existing or proposed easements on the property.
  8. The City Engineer will verify and approve ingress and egress areas for City access to the stormwater treatment areas/system prior to issuing a building permit.
  9. The City Engineer shall inspect the property at the property owner’s expense during the construction process to ensure on-going compliance with all engineering requirements.
  10. The variance shall become null and void twelve months after the date of approval, unless the property owner/applicant has substantially started the construction of the addition requested as part of the variance.

Holscher seconded the motion. Ayes – 4. Motion carried.

City of TonkaBay

Regular City Council Meeting

September 11, 2012Page1 of 5

8.OLD BUSINESS

A.North Waseca Fire Lane – Task Force Recommendations – Kohlmann stated the task force met the past few weeks and have provided recommendations for the City Council to review and approve. Recommendations include further patrols by the SLMPD, additional signage, and research any mandates on the installation of a portable toilet. Kate Aanenson, task force member updated the City Council on the task force meetings. She discussed the need for more clarity as to what the rules are. Marceau agreed with the report as provided. He stated it is also important there be signage that there is no swimming allowed at the boat launch. LaBelle thanked everyone who participated on the task force. Marceau moved to adopt the North Waseca task force recommendations as presented. Holscher seconded the motion. Holscher stated she was glad to see more patrols in the area and looks forward to more reports on activities at the fire lane. Ayes 4. Motion carried.

9.NEW BUSINESS

A.2013 Proposed Budget Levy Certification – Kohlmann stated the proposed budget levy is needed at the County on or before September 15. He stated a zero increase is proposed. Holscher moved to adopt:

RESOLUTION NO. 12-28

A RESOLUTIONAPPROVING 2013 TAX LEVY, COLLECTIBLE IN 2014

Marceau seconded the motion. Ayes – LaBelle, Marceau, Anderson and Holscher. Motion carried.

B.Set Budget (Truth-in-Taxation) Meeting Date – Kohlmann stated the annual budget meeting (formerly Truth-in-Taxation) is held historically on the first meeting in December. Holscher moved to set Tuesday, December 11 as the date for the budget meeting. Anderson seconded the motion. Ayes 4. Motion carried.

C.2013 LMCC Budget – Kohlmann stated the 2013 LMCC budget is available this evening for the Council’s review. Holscher stated she discussed the proposed budget with Tom Fletcher, a member of the budget committee. She stated he would be a very helpful source to explain the budget. Marceau stated he still doesn’t understand what the LMCC does. Holscher discussed staff salaries. Councilmembers discussed the availability of agenda parsing for meetings. There was no motion made.

10.MATTERS FROM THE FLOOR

None

11.REPORTS

A.Administrator– no report

B.Holscher –Building Inspections, MunicipalBuildings and Grounds, LMCC, Southshore Senior/Community Center – Holscher stated she volunteered for Apple Day at the SouthshoreCenter booth.

C.Anderson - Technology, Fire Lanes and Public Access– no report

D.De La Vega – EFD Board, Parks and Playgrounds, Sanitation and Recycling, LMCD - absent

E.Marceau – Finance, Commercial Marinas, Municipal Docks – no report

F.Attorney's Report– no report

G.LaBelle - Public Works, SLMPD Coordinating Committee, Administration– LaBelle stated he and Kohlmann recently attended a SLMPD Coordinating Committee to discuss their new records program

12.ADJOURNMENT

There being no further business, it was moved by Marceau to adjourn the meeting at 8:00 p.m. Anderson seconded the motion. Ayes 4. Motion carried.

Attest:

______

Clerk