HomeMy Public PortalAbout01/20/76 CCMPAYROLL JANUARY 20,1976
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3918 Ronald Duran 306.09
3919 Leo Leuer 312.87
3920 Jerome Stumpf 192.82
3921 Charles Hoover 412.70
3922 Robert Gressel 86.00
3923 Jerome LaFond 343.35
3924 Michael Rouillard 317.40
3925 Steven Tillmans 113.00
3926 Sylvia Rudolph 100.75
2184 . 98
The Council of the City of Medina met in regular session on January 20, 1976 at 7:45 P.M.v
Members present: Mayor, Wayne Neddermeyer; Councilmen, Robert Franklin, William Reiser Jr.
Donald DesLauriers, Arthur Theis, Clerk, Donna Roehl, Attorney, Richard Schieffer.
. 1. MINUTES OF JANUARY 6
Minutes of January 6, 1976 corrected by the addition of Item 16, Page 4, concerning burning
of refuse: Motion by Robert Franklin, seconded by William Reiser to approve Resolution 76-2
regarding legality of burning refuse in Medina.
Motion carried unanimously
2. SUBURBAN NURSING SERVICE
Letter from Hilda Boyle, director of Suburban Nursing Service, containing information as to
number of visits made by personel to Medina residents, was read. Mrs. Terry Roehl explained
that they were reconsidering the closing of the Well Child clinic. Robert Franklin stated
that they had been asked to pro -rate charges for each community and had refused to do so.
Council discussed the alternative of a nurse being secured on a contract basis to provide
home visit care. Arthur Theis will ask for a list of those who need home care and will
contact Dr. Olson, Medina Health Officer, for any ideas he may have regarding provision of
services.
Motion by Donald DesLauriers, seconded by Robert Franklin to explore other alternatives to
the nursing service.
Motion carried unanimously
3. ANNE DORWEILER
William and Cheryl Nikko
Anne Dorweiler asked that a memo prepared by her be made part of the minutes regarding request
for setback variance of the Nikko's for a house that has been constructed in Medina Morningside
Motion by Robert Franklin, seconded by Arthur Theis to approve Resolution 76-3, accepting
house as built, and to note that applicant is in favor of withdrawing the variance request.
Motion carried unanimously
Building permit requests
Discussion of Zoning code requirements (Z-36) regarding approval of all building permit re-
quests by the Zoning Administrator.
Motion by Robert Franklin, seconded by William Reiser to instruct the Clerk to call the Build-
ing Inspectors attention to that portion of the zoning code which requires the Zoning Admin-
istrator to look over all building plans before permits are issued.
Motion carried unanimously
Minnesota Exteriors
Anne Dorweiler asked that memo she had prepared be made part of the minutes. Planning Comm-
ission recommendations were reviewed. Pat Kennedy of Soil Conservation Comm. stated thet they
would like to see run-off water diverted into Elm Creek at one point, not along the banks.
Engineer stated that he would life a topography survey. A letter from the State was read
stating that they are investigating the entrance possiblilties from Hwy 55. The Soil Conser-
vation Comm. will make a recommendation regarding problems that they may envision regarding
run-off, pollution of Elm Creek and flooding.
Motion by Robert Franklin, seconded by Arthur Theis to grant preliminary atf)roval to Martin
and Zenalou Bennis, Minnesota Exteriors, on 10 pages of site plans, received January 20, 1976,
referring to building on Lots 19 and 20, Auditors Subdivision 241, and using Planning Comm-
ission recommendations, grant a variance as follows:
1. That the life of the variance be limited to the present use and the building as built.
2. Drainage plan acceptable to City Engineer
3. That the developer post a bond with the City of Medina for $12,500 at the time of applying
for the building permit to cover the cost of the blacktopped surface.
4. That the State of Minnesota approve an entrance permit for the entrance to Hwy. 55 shown on
plans.
5. That a favorable recommendation be received from the Elm Creek Commission.
6. Building floor is determined to be above the 100 year flood level.
Motion carried. Abstaining, Donald DesLauriers
4. COMMUNITY DEVELBPMENT BLOCK GRANT PUBLIC HEARIN:, 9:15 P.M.
Robert Isaacson, Hennepin County Planner explained background and procedures to be followed
in applying for block grant funds. There is a $1,560,000 entitlement available this year to
Hennepin County communities. Each municipalities allotment is determined by population, over-
crowding of housing units and low class housing. Objectivies of the program are to aid
in developing a community and how best to serve low and moderate income residents.
Procedure followed in applying is: Council determines project after citizen input and
2 public hearings, application is made to Hennepin County, they compile all applications
into one and forward to HUD for approval.
Nancy Laurent explained that she had met with other members of the appointed citizens ad-
visory committee and they agreed on the following areas or projects to be considered:
1. Fire protection service. 2. Provision of recreational service opportunities.
3. Blacktopping of City Hall Parking Lot. 4. Installation of additional street lights, where
needed.
At first report Medina was scheduled to receive $10,278 but that amount has been increased
to approximately $14,000.
Mrs. Laurent stated that they had contacted various residents to speak on the various projects
and any others they might wish to acid.
Julius Dorweiler, Hamel Fire Chief, explained that the Hamel Fire Department had ordered a
new $65,000 fire truck and some financial assistance was needed. He added that they provide
service to a continually growing residential, commercial and industrial community, which in
turn, employ low and moderate income people. If adequate protection is not supplied fire
insurance rates will perhaps be raised and growth will not be as rapid.
Mr. Isaacson stated that you must tie in community development with need for such facilities
to qualify such a project and funds are not available to relieve a city of its obligations.
Dean Preston: Asked that consideration be given to expanding the present park at Independence
Beach. Because of sewer and water installation the area will continue to grow and additional
space for recreation and parking will be needed. He also added that there is property that
could be purchased across the street from the present park that could fill the needs.
Curtis Eastman: Presented list of projects that could be completed in the Medina Morningside
area to improve park facilities. Upgrading of the playground and recreational facilities
could be accomplished by purchasing additional equipment and upgrading the baseball diamon
and picnic area. A vacant lot Fast of the present park could possibly be acquired to
enlarge the area and provide additional parking space.
Tom Anderson: He felt that providing fire fighting facilities was the most important item
and that an overall study was needed to determine prak plans for the city.
Everett Thiess Fire protection would be the first priority and then park land acquisition.
Gerald D,ykhoff: He stated that Hamel could use help in the recreational area by the possible
purchase of property ajacent to the present Athletic field. Also a building could be built
to house bathrooms, concessions and to accomodate bleachers. He also stated that there are
somethimes as many as 200 children in the park on a given night participatifig in various
activities.
Anne Theis: Ms. Theis inquired as to the feasibility of dividing funds between various areas.
Julius Dorweiler: Felt that money should be spent in one area to not significant progress.
Robert Franklin: Inquired if funds could be used to implement the Comprehensive Plan in
writing ordinances.
Mr. Isaacson stated that it was a possibility and that an HRA that was functioning would be
helpful. He added that he would report his findings regarding provision of fire department
equipment.
Motion by Robert Franklin, seconded by Arthur Theis to continue the Public Hearing until
February 3, 1976.
Motion carried unanimously. Time 12 hours.
5. INDEPENDENCE BEACH
Engineer, Lyle Swanson, presented information regarding the progress of the sewer and water
project, stating that sewers would be av-iilable the following week and water in a very
short time. Discussion of engineers prepared time sheet for various inspectors and
engineers. The December 1, 1975 project completion date was discussed and Mr. Swanson
explained that delivery was not gotten on some the well equipment and that Northern States
Power had not connected paver to a lift station. He felt that a reasonable effort had been
made by thecontractor and that he should not be penalized. Work to be completed in the spring
will be sodding, street paving, painting of the pump house and landscaping. Installation cost
will be slightly under the contract price. Well and pump house cost very near contract.
Memo to Medina City Council
From: Anne Dorweiler, Zoning Administrator
Re: Minn. Xit:riui•., huguu:it rwr VaaViahub kalq[it1a litaquireWtalts
A rtino and idonulou Bennis of Minnesota Lxteriury have applied fur u �
variances from Section 18, u, subd. 7 6; b of thu Medina i.oning Cede
mach requires in subd 7 taut one parkin; stall be provided for every
400 sq. ft. of bulldinL space, and in subd. 8, out: parking stall fur
every three empluye:ee.
Since the building contains approximately 14,400 sq. ft., this would H
normally yield az parking stalls plus the 4 needed for 12 employees,
for a total of 40. However, as_ Mx. Bennis hus pointed out to us,
approximately one half of the building, 7040 sq. ft., is. not heated,
and should not generate tilt usual parking demand. It would be a. bard -
snip to require the usual amount in tans cube because of this fact, hk �
contends.
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The site plan presented to the. City for approval. shows. 29 parking
spaces. Using a formula which. is closer to that used in other mun-
ieipalitl.es for parking requirements., if we calculaite tape parking needs
of the 7600 q. ft. of heated bpacer--office and shop- we get approx..
18 spaces which added to the 4 needed for the employees makes 22..
Calculating the 7040 q .. ft. ofwiaeated space at perhaps 1 space per
1000 sq. ft. for warehouse ube would yield an additional 7 for a grand
total of 29, as shown.
I think that because of the: reasons cited, a variance is justified
under tae ordinance:, and tao rlannint Coauwisbion a ab 5o reeolamended.
Any additional work to insulate and heat the unheated portion of the
building would require another building permit, at which time the
building inspector should be alerted to submit the plans to 'We City
again for approval on parking, etc.. Another point that was taken into
consideration b y tue alarming COmauiS6i011 was that there is additional
room on tiled site to provide some more parking, should this plan prove
inadequate for tale business. It would involve sacrificing the lawn
area in front of tale; build i_g.
`the 4unning L;ommissi+gin :,dviaed placing a restriction on the variance
f yr the pcu•/sirlb to t'urtuc r protoct tole City in Cil e of Vie sale of the
ruilding or a cbaanu, user. ?. C. minute b of Jad1. 1978 meeting
for details.)
tali. a0n 1976
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Memo to: Medina City Cuuncil
From: Anne Dorweiler, Zoning Administrator
Re.: Nikko Variance, Lot restrictions, Medina Morningaide.
William and Cheryl Nikko are requesting a variance from beet. 20, b4 1,
and 22, a, l,regulating setbacks'in Medina's voning Code,, for their house.
on Lot 5, Block 5, Medina ➢Itorningside lr.st Add'n. These sections re-
quire 20 ft. setback for side yards on a side street, and 50 ft. for
front yard setbacks. As the_ sketches show, the house is only 10 ft.
from the side street, and 24 ft. on tree west side from the front street
or radius of the curve leading to the side street.
The building permit was issued in 1974, and now the Ouuae has been
finished and tl.e;y are living in it. The h nk's surveyors, in prep-
aration for closing on trie mortgage, have found tnat.the house is not
in.. conformance with tae setbacks required in the restrictive codenant
filed on the abstracts of Medina Morningaide property, and which. in
this case are the same setbacks required by the Medina 4onire Code.
The bank will net close on the mortgage. without some indication. of the
City'a intentions by way of a variance or resolution stating that the
City will accept the house as built.
Since no plot plan snowing the location of the house on the lot was sub-
mitted to tree building inspector nor requested by him at the time of
the permit application, and his inspection of the staked foundation_
location failed to reveal the problem,; the house was built on the lot
as shown on the diagram in violation of our ordinances. part of the
problem is due to the fact that the side street, Elsinore Circle,
bordering on the west side of the lot, has been dedicated to the City
but has not been put in. It may never be put in, or not for several
years. fiut it is part of the necessary street plan to develop the last
remaining property to the south as part of the original plat. (See
copy of Med. morn. plat.) This section of the plat was presented
to the City for approval several years ago, but apparently was never
filed with the county, for nu record of it snows on the current half
section snap. If no further plans are suomitted for development, one
possibility to remove the violations would be to vacate toe eastern
stub, of Elsinore Circle. But if sanitary sewer is installed in this
area, tiie owners may want to proceed with tee last add'n to the plat
and the stub street would be needed to link up all of Llainore Circle
so that it would not Become a long cul de sac..
There is no easy alls.wer to this dilemma that the City and tae Nikkos
are in. .if nothing else, it points out the necessity of submitting
a proper plat plan for all types of building, Curving it reviewed for
zoning violations or problems, and then checked oy the building in-
spector as construction commences to see that it is being, adhered to.
Our zoning code specifies in :section 61,, b•, that if the zoning admin-
istrator is someone other than the building inspector, a building per-
mit shall b. approved by the soning administrator. I think that this
case illustrates tree .need for this procedure; to ue followed.
After reviewing all of the facts involved, and being cognizant of the
requirements for granting a variance ander Minn. law, I would recom-
mend that. the City instead pass a resolution stating that. tne City
will accept tree house as built, since several errors on the part of
tree City as well r s toe buildtor did occur to produce the problem.
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6 . SAC LAWSUIT
It was noted that the Supreme Court has found in favor of Maple Plain, staing that SAC charges
may not be charged by Metro Sewer when sewage is not being disoharged into a Metro inter-
ceptor. The case will be appealed.
7.
MOONEY LAKE
Mr. Swanson reported on the meeting of the Minnehaha Creek Watershed, wherein lowering of
Mooney Lake water level was discussed. Medina's position was that the problem was created
by Plymouth and should be followed through by them.
8. SIGN ORDINANCE
Council briefly discussed the sign ordinance and Mr. Schieffer stated that he would forward
his completed draft to the members for a full discussion on February 3rd.
Mr. Schieffer left meeting at 11:40 P.M.
9. NORTH SHORE COMMUNITY COUNCIL
Arthur Theis presented the North Shore budget for the 1976 season, adding that Wayzata will
not be a, participant and that a full-time director will not be employed. Programs will be
similar to previous years and they request that Medina enter into an agreement with them for
the 1976 season at a cost of g370.10 which is Medina's share of propsed expenditures.
Motion by Arthur Theis, seconded by Donal(4 DesLauriers to enter into agre^went with the North
Shore Community Council for the 1976 season for a fee of :370.10.
Motion carried unanimously
10.STREET DEPARTMENT
Motion by Donald DesLauriers, seconded by William Reiser to pay Ronald Duran $5.00 per hour
for road foreman's position.
Motion_ carried unanimously
11. H.F LTH INSURANCE
Explanation of new program as bid by ',Western Life Insurance through 7ennepin County. Costs
of various plans were discussed.
Motion by Robert Franklin, seconded by Arthur Theis to pay up to $77.08 per month of full
time employees premium and any Emount over that is to be deducted from the employees pay.
Motion carried unanimously
12. DIVISION OF BOND FUNDS
After computation by the Auditor it was adfcsed that the division of the bonding funds be
changed between Independence Beach Fund and Hamel Fund.
Motion by RobertFranklin, seconded by Donald DesLauriers to approve Resolution 76-4, approving
change in division of bond funds to 7.4% to Hamel and 92.6 to Independence Beach.
Motion carried unanimously
13.METRO WASTE CHARGE SYSTEM
Letter from Metro Waste was read asking for a verification from the city that the amount being
charged for sewer service covers the cost incurred.
Motion by Donald DesLauriers, seconded by William Reiser to instruct Clerk to inform them
that charges are covering costs incurred.
Motion carried unanimously
14. BILLS
Motion by Arthur Theis, seconded by Donald DesLauriers to pay the bills.Paytellchecks in the
amount of $2184.98. Checks # 3918 through 3926.
Motion carried unanimously
15. CIGARETTE LICEJASES
Motion by Arthur Theis, seconded by Donald DesLauriers to grant cigarette licenses for 1976
to: Medina Service, 55 Club, and Zwack Standard Service.
Motion carried unanimously
16. COLONIAL DRIVE IN
Discussion of fence that is to be installed along the eastern property line of the Drive In.
Building Inspector will be authorized to meet with the owners and make a determination as
to fence height and type of material, using present ordinance as a guide.
17. FACILITY BUILDING
Discussion of furnace cost which is estimated at approximately $2000.00, and tools and
equipment that is needed to maintain trucks, etc.
Motion by Robert Franklin, seconded by Arthur Theis to authorize Donald DesLauriers
order hand tools and other necessary equipment and to check further on the purchase
welder.
Potion carried unanimously
Motion by Robert Franklin, seconded by William Reiser to adjourn.
Motion carried unanimously
Meeting adjourned at 1:15 A.M.
d2/
January 20, 1976
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