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HomeMy Public PortalAbout02/17/81 CCMP7 1°'1 /Pi FEBRUARY 17, 1981 9341 U.S. Postoffice 9342 Soc. Sec. Retirement Div. 9343 PERA 6108 Robert Anderson 6109 Charles Hoover 6110 Jerome LaFond 6111 Michael Rouillard 6112 James Dillman 6113 Robert Dressel 6114 Ronald Duran 6115 Director of Int. Rev. 6116 Comm. of Tax. 6117 Soc. Sec. Retire. Div. 6118 PERA ORDER CHECKS $ 15.00 162.76 544.05 721.81 PAYROLL 474.05 714.48 560.29 573.56 500.16 554.93 629.39 957.50 361.50 162.76 370.86 5859.48 The Council of the City of Medina met in regular session on Tuesday, February 17, 1981 at 7:30 P.M. Present: Mayor, Thomas Anderson; Councilmembers, Thomas Crosby, Sarah Lutz, William Reiser, Wilfred Scherer; Clerk -Treasurer, Donna Roehl; Planning and Zoning Administrator, JoE11en Burr; Police Chief, Charles Hoover; Public Works Director, Ron Duran; Engineer, Dave Hansing; Attorney, Richard Schieffer Councilmember Crosby arrived at 8:30 P.M. 1. MINUTES OF FEBRUARY 3, 1981 Motion by Reiser, seconded by Lutz to accept minutes of February 3, 1981, as presented. 2. ADDITIONAL AGENDA ITEMS Members agreed to discuss the following items: Baltic Corporation, request for time extnesion for subdivision filing 1981 Budget item 3. PUBLIC WORKS DEPARTMENT Northwestern Bell Telephone Company Motion by Reiser, 'seconded by Lutz to adopt Resoluton 81-2, allowing Northwestern Bell Telephone Co. to bury cable on Hunter Dr, south of o. Rd. 24. Motion declared carried Motion by Reiser, seconded by Lutz to adopt Resolution 81-3, allowing Northwestern Bell Telephone Co, to place a pole anchor on Pioneer Tr, east of Willow -Dr. Motion declared carried 4. MEDINA MORNINGSIDE SEWER AND WATER Dave Hansing reported that preliminary plans for sanitary sewer, storm sewer, street, curb and gutter, force main, pumping station have been completed. Items that need additional work are soil borings, Railroad crossing and Co. Rd. 6 crossing. He stated that completed plans need to be reviewed by the PCA and Federal agencies because of Federal funds that have been granted. Bids could be taken in April, contracts let in June and work begun in early August. Street paving would be completed in 1981 as compaction would be required during. construction. He stated that cost estimates are comparable to previous estimates as bids taken on other projects have been excellant. One difference in costs is the fact that concrete curb and gutter is being planned. Richard Schieffer explained that the Long Lake attorney has been authorized to negotiate a joint contract so that perhaps a joint Orono -Long Lake Medina contract will be in effect. He explained that purchase of the water system would need to be handled under Chapter 444, whereby a User Charge is used to pay for the cost of the system. Dave Hansing reported that the Long Lake by-pass portion of the system will not be Federally funded and will cost $200,000. Al Gongaware asked if the city had been assured that it will receive the grant and when was the water system purchased by the City? Thomas Anderson explained that one of the reasons the city had purchased the system was the fact that the owners had been asking for an increase in water rates to an amount over S2.00 per 1000 gallons of water. Regarding the grant he stated that the city is proceeding under the assumption that the money will be received. Discussion of the number of years in which the bonds should be repaid and what type of a payment schedule should be considered. Majority of property owners in attendance wanted an amoritized payment schedule over the longest time period, taking into consideration the increased interest rate over longer periods of time. Jerry Johnson asked if homeofn.ers would be consulted before sewer stubs are located and would the street be lowered. Dave Hansing stated that owners would be consulted before stub is installed and plans are to lower the road bed a maximum of 1.3 ft. and no more, because of the existing water main. I7 i_. Thomas Anderson explained the problem that exists regarding serving the Orono Schools with water. He stated that there is a possibility that a study will be conducted to de- termine if it is feasible to connect the Long Lake water system to the Medina Morningside system in Orono to serve the schools and several businesses. Council reviewed and revised a prepared resolution agreeing to a study of the possibility of connecting the two systems if it would be advantageous to homeowners in Medina Morn- ingside. Motion by Reiser, seconded by Scherer to adopt Resolution 81-4 which would allow for participation in a study of connecting Long Lake and Medina Morningside water systems depending on the cost to Medina. Motion declared carried 5. PLANNING AND ZONING DEPARTMENT Medina Morningside Well House Addition JoEllen Harr explained that the proposed addition to the well house would require a var- iance because placing the addition on the south side of the existing well house would require moving the basketball court to another location. Ron Duran explained that the addition was needed to store flouride equipment. Doug Wacek asked why an addition would be needed if the water system might be connected to the Long Lake system. Thomas Anderson stated that Medina Morningside would be using its own water and only that of Long Lake in an:emergency situation. Motion by Reiser, seconded by Scherer to approve a 10' rear yard ,setback variance for the construction of an 8' x 14' addition to the existing well house on Lot 13, Block 1, Med- ina Morningside, for the following reasons: Existing location and configuration of the existing building; to avoid disturbance to existing dedicated park and because the impact of the addition would be minimized becauseprivate road easement abuts on the north. Motion declared carried Thomas Crosby arrived at 8:.30 P.M. Reynold Swanson, Barn Variance Richard Schieffer requested that Council hold a private meeting to discuss the Rey Swan- son barn .variance application in view of the fact that Notice of Claim had been filed by Robert Haislet and Rey Swanson. Motion by Scherer, seconded by Lutz to recess for private meeting. Motion declared carried Meeting resumed at 9:05 P.M. JoEllen Hurr reviewed previous proceedings regarding Mr. Swanson's application for variance of 96'•from the 150' setback requirement for animal.barns. Thomas Anderson reported that Notice of Claim letters had been meceived from Mr. Swanson and Robert Haislet. Fred Rosenbladt, Mr. Swansons'-attorney, stated that it appeared to him the city would be face with a lawsuit regardless of what decision the City Council made. He asked that Council consider granting a non -conforming use permit if it could not see its'way clear to granting a variance, as such a permit would not violate city ordinances. Motion by Lutz, seconded by Reiser to deny the application for variance of Rey Swanson and direct the staff to prepare a resolution for action at the March 3rd meeting. Motion carried Voting No --Thomas Crosby Motion by Scherer, seconded by Reiser to deny Rey Swanson's request for a non -conforming use permit and ask that staff prepare a resolution for the March 3rd Council meeting. Motion carried. Voting No --Thomas Crosby Michael Vrooman, Barn Variance JoEllen Hurr reviewed previous history of the variance application of the Vrooman's for setback of a previously constructed barn which is located 104' ft. from the property line. Sandra Vrooman stated that she believed she has met the six criteria for granting of a variance and read from. a prepared statement her reasons for which a variance could be given. Council asked that she present her written statement to the city.' Thomas Crosby stated that if the variance application had been made before the barn had been built the problem could have been dealt with much better than at this time. Motion by Crosby, seconded by Reiser to deny approval for the _barn setback variance appli- cation because the city council is attempting to maintain a rational policy regarding barn placement and sanctity of the zoning ordinance. Motion carried. Voting No --Sarah Lutz Thomas Anderson stated that if she presented her reasons for approval in writing a Council member could bring up the matter at a later date. Thomas Malik, Barn Variance JoEllen Hurr reviewed prior circumstances regarding the addition to an existing building which is located 59' from Iroquois Dr. Earl Anderson, Attorney for the Malik's stated that the structure that existed when the Malik's purchased the property had been used for horses by the previous owner. JoEllen Hurr explained that the building permit taken out on August 8, 1980 had been for an addition to a utility building and met the setbakks. Mr. Anderson stated that they would like approval of the variance or approval of a non- conforming use permit. Reasons given for approval were the fact that there is a road (Iroquois Dr.) along the eastern edge of the property and that the stalls were portable and could be removed. Motion by Crosby, seconded by Lutz to deny the variance and direct the staff to prepare. a resolution for the March 3rd Council meeting. Motion declared carried Motion by Crosby, seconded by Scherer to grant a non -conforming use permit to the Maliks' to use the structure as a barn as long as they own the property. Motion not carried. Voting No --Anderson, Lutz, Reiser Motion by Scherer, seconded by Lutz to grant the Maliks' approval to use one stall in the existing structure to house a horse that becomes sick: Motion not carried. Voting No --Crosby, Anderson, Reiser Dockside John Spaeth stated that he had negotiated with Hennepin County Park Reserve District for a property trade which had been caused by realignment of Co. Rd. 19 some years ago. Council discussed new plans as they compare to guidelines of November 18, 1980 meeting. Setback from lake south of the building is 40' or greater; north of building setbacks are from 48' to 75'. Hardcover is approximately 30,243 sq. ft. Square footage of buildings without basements is 15,464 Number of units is 10 Fence placement complies with guidelines Garages on Lots 5 and 6 cannot meet Co. Rd. 19 setback requirements Garage setback from Lakeshore Ave. is shown to be 38.5 from centerline of Lakeshore Ave. Mr. Spaeth stated that buildings could be built without basement windows so that a bedroom would not be built. Motion by Crosby, seconded by Reiser to instruct City Attorney to prepare a resolution for the March 3rd meeting for consideration of approval of preliminary plot plan of the Dock- side, including: 2 garage setback varainces form November 18th guidelines, one from Co. Rd. 19, one from Lakeshore Ave.; Occupiable area not to exceed 19,000 sq. ft. of living space; Hardcover shall be 29,000 sq. ft.; A rezoning of property to mulit-family and a development contract covering all facets of development. Motion declared carried Planning Commissioner Pat Velch asked that patios be addressed. Robert Franklin stated that project does not meet the guidelines nor the ordinances and should be denied. JoEllen Hurr stated that the plans would be reviewed according to old ordinance requirements and for compliance with zero lot line. James Lane Subdivision JoEllen Hurr reviewed plans of Mr. Lane to subdivide property at 2605 Hamel Rd, into 12 acre and 28 acre parcels. She discussed the need for the city to secure an easement on Hamel Rd. and Willow Dr. Mr. Lane stated that there is common law dedication of 331 and that he would be willing to dedicate when owners on opposite side of the stated roads do likewise. Don Gasper asked that some consideration be given to securing an easement for access to the cemetary which abuts Mr. Lanes property. Discussion of the fact that the cemetary fronts on a public road although access would be difficult because of a steep road bank. Mr. Lane stated that those seeking access. have been using his and a neighboring property to the west and that arrangement could continue without dedication. Discussion of the need to provide a 60 ft. driveway easement to a point at whioh a driveway for property to the west veers to the west. Richard Sehieffer stated that city ordinance does not provide for 30 ft..dedication but ordinance could be rewritten and division tabled until that time. Motion by Lutz, seconded by. Reiser to grant preliminary subdivision approval to James Lane for division at 2605 Hamel Rd. of 40 acres into a 12 acre and 28 acre parcel, provided that written offer is received from Mr. Lane stating that he will give easements on Hamel Rd. and Willow Dr., at a future date. Motion carried Voting No --Thomas Anderson Zoning Ordinance Amendment Motion by Anderson, seconded by Lutz to amend the Zoning Ordinance to include a provision for securing 30 ft. easements at time property is subdivided. Motion declared carried Woodlake Sanitary Landfill JoEllen Harr reviewed credentials of Bruce Liesch to act as engineer for the Woodlake application for expansion. She stated that his fees would be paid by Woodlake. She also informed the Council of the Public Hearing to be held on March 17th at 7:30.P.M. Motion by Reiser, seconded by Scherer to engage Bruce Liesch to work on the Woodlake expansion project. Motion declared carried Baltic Corporation, Subdivision Motion by Reiser, seconded by Crosby to grant a 60 day. extension for filing of Baltic Corp. subdivision provided that fees incurred to date are paid before extension is. granted. Motion declared carried Rental Properties Motion by Crosby, seconded by Lutz to authorize preparation of a Zoning amendment allow- ing the Zoning Administrator to approve use of_ rental properties on a case by case basis. Motion declared carried 6. TAX FORFEIT LOTS Discussion of tax forfeit lots at Independence Beach that have sewer and water assessments and whether or not they are buildable. Donna Roehl stai;ed that Hennepin County wants a resolution from the city regarding the possible sale of the lots. JoEllen Hurr stated that she would look at the lots with the engineer to determine buildability. 7. BILLS Motion by Lutz, seconded by Crosby to pay the bills; Order checks # 93414.9343 in the amount of $721.81 and Payroll Checks # 6108-6118 in the amount of $5859.48. Motion declared carried 1 k td 8. BUDGET Motion by Anderson, seconded by Reiser to notify all departments to stay within their budgets despite salary increases that have been given unless otherwise approved by Council. Administrators of various departments to be judged by budget performance. Motion declared carried Motion by Scherer, seconded by Lutz to adjourn. Motion declared carried Meeting adjourned at 12:05 A.M. Clerk February 17, 1981