HomeMy Public PortalAbout04/17/84 CCM0000 t
PAYROLL CHECKS - APRIL 17, 1984
7633 Robert Anderson 801.80
7634 Jill McRae 628.78
7635 Mark Moran 753.48
7636 Michael Rouillard 868.75
7637 Michael Sankey 1,038.44
7638 James Dillman 864.79
7639 Robert Dressel 683.62
7640 Francis Pumarlo 570.56
7641 Karen Dahlberg 261.56
7642 Jean Erickson 78.75
7643 JoEllen Hurr 509.34
7644 Janice Peterson 42.50
7645 Donna Roehl 726.03
7646 Sylvia Rudolph 371.13
7647 Farmers St. Bank 1407.90
7648 Comm. of Tax. 836.00
7649 PERA 687.13
7650 Soc. SEc. Ret. Div. 374.52
11,505.08
ORDER CHECKS - APRIL 17, 1984
21 Dept. of Conferences, Registrar
2862 Business Furniture
2863 Dept. of Property Taxation
2864 James Dillman
2865 Robert Dressel
2866 Francis Pumarlo
2867 PERA
2868 Soc. SEc. Ret. Div.
40.00
1,140.00
50.00
60.00
60.00
60.00
1,002.72
391.29
2,804.01
52
The Council of the City of Medina met in regular session on Tuesday, April 17, 1984`-� J v
at 7:30 P.M.
Present: Mayor, Thomas Anderson, Councilmembers, Wilfred Scherer, Thomas Crosby, William
Reiser, Anne Heideman; Clerk -Treasurer, Donna Roehl, Planning and Zoning Admin-
istrator, JoEllen Hurr; Police Chief, Michael Sankey; Public Works Director,
James Dillman; Engineer, Glen Cook; Attorney, Richard Schieffer
1. ADDITIONAL AGENDA ITEMS
Council agreed to discuss the following additional items:
Gullickson subdivision
Steve Murphy
2. MINUTES OF BOARD OF REVIEW MEETING, APRIL 3, 1984
Moved by Heideman, seconded by Crosby to accept minutes of Board of Review meeting of April
3, 1984, as presented.
Motion declared carried
3. MINUTES OF APRIL 3, 1984, REGULAR MEETING
JoEllen Hurr asked that Ben Leuer/ Fritz Gullickson subdivision item page 48 should indicate
that Fritz Gullickson is the applicant.
Anne Heideman stated that Item 7, Page 49 should be corrected to indicate that Richard Sch-
ieffer suggested that the drainage problem be "studied."
Moved by Reiser, seconded by Scherer to accept minutes of April 3, 1984, as amended.
Motion declared carried
4. POLICE DEPARTMENT
Additional telephone equipment
Moved by Reiser, seconded by Scherer to authorize staff to investigate adding additional
telephone lines and equipment at City Hall.
Motion declared carried
5. PUBLIC WORKS DEPARTMENT
Hamel Sewer Repair
Glen Cook stated that he had spoken to Metro Waste Control Commission regarding adding the
Hamel sewer line repair between Hamel Rd. and Hwy. 55 to the Interceptor project. He re-
ported that it would cost approximately $6500 to include that section in their plans and
specifications and it would then be bid as an alternate and could either be accepted or re-
jected. He suggested that the city do its own bidding and coordinate the work with that of
Metro Waste Control.
Thomas Anderson stated that we may not get a good bid as contractors look at alternates as
a means to make a profit.
Glen Cook reported that the pumps had been pumping 580,000 gpd at a cost of $290 and should
be pumping 70,000 gpd. He explained that it would cost from $200,000 to $250,000 to repair
the entire system and he suggested several ways by which it could be charged back to the
property.
Moved by Crosby, seconded by Heideman to adopt Resolution 84-10, designating that a Public
Hearing be held on May 15, 1984, at 8:00 P.M. for the purpose of discussing the repair of
the Hamel sewer lines.
Motion declared carried
Hunter Dr. South
Glen Cook reviewed his report regarding upgrading of Hunter Dr. south of Co. Rd. 24. He
stated that the existing road would be used as a subbase, where possible, and base work
would be done by the city with a contractor do do the paving.
Thomas Anderson stated that originally the Council had been told that it would cost $60,000
and now the estimate is $90,000 for the cities portion.
Glen Cook explained that the increase is caused by the need to do more subbase work than
originally estimated.
Mr. Anderson asked if individual lots in a preliminary plat could be assessed separately.
Richard Schieffer stated that he would report back to Council with that information. He
also stated that he would like to go through the Assessment procedure before bids were let
to find out if any appeals would be made. He asked how long that would delay the project.
Glen Cook stated that it would delay work from 30-60 days which would not cause
a problem.
000053
Road Problems
Council discussed spring road problems and whether $50,000 could be spent for capital imp-
rovements and another $50,000 for maintaining existing roads.
Jim Dillman stated that he would have a report for the May 1st meeting.
Road Grader
Jim Dillman reported that he had called six dealers or contractors and had been told by
three of them that they were not interested in purchasing the 14G Motor Grader, also three
others had said that if the city could get $118,000 for the grader they should take it. He
also explained that the equipment from the grader could not be used for a smaller machine
and that snow plowing, etc. equipment would cost about $5000.
Moved by Scherer, seconded by crosby to authorize preparation of specifications for the
purchase of a new road grader.
Motion declared carried
Culverts
Jim Dillman reported that he had gotten the following quotes on the list of culverts he
had prepared: Viking Steel--$5239.40; St. Regis--$6330.10; H.V. Johnston--$5291.50; All
Steel--$5175. He recommended that culverts be purchased from All -Steel.
Moved by Scherer, seconded by Heideman to purchase culverts as recommended from All Steel
Products at a price of $5175.00.
Motion declared carried
6. PLANNING AND ZONING DEPARTMENT
Gary Hertzfeldt, Conditional Use Permit
JoEllen Hurr reviewed memo and Planning Commission recommendations regarding the application
of Gary Hertzfeldt to construct a repair, storage and office building on Lot 1 of the Herr-
boldt subdivision on Hwy. 12. She stated that he would be selling and repairing yachts and
classic automobiles. She stated that the plans meet all requirements but that the Hennepin
County Park Reserve District had requested that some planting be done at the rear of the lot
and that a letter regarding the entrance is needed from the State Highway Department.
Anne Theis stated that the planting requirement being suggested by the Park Reserve District
would be a departure from anything that has been asked of any other developer.
Chuck Bellingham, representing the Hennepin County Park Reserve District stated that the
park would be doing some of its own planting but would like Mr. Hertzfeldt to also do some
planting. He also asked if the silting pond would be constructed or if the drainage from
the property would be to the marshy area.
Mr. Hertzfeldt stated that the pond would be constructed and all drainage from the lots would
be to the pond.
Moved by Crosby, seconded by Scherer to authorize preparation of a resolution granting a
Conditional Use Permit to GAry Hertzfeldt to complete construction of buildings according
to Planning Commission recommendations; that he be asked to work with the Park to develop
a landscaping plan but that he not be required to do the planting as requested by the park;
with a letter of approval for the entrance to be secured from the State Highway Department
and with a reviewal by the Minnehaha Creek Watershed District.
Motion declared carried
Dockside, Variance
Richard Schieffer reviewed memo he had prepared regarding recommendations to Couftcil for
acting on the John Spaeth variance application to place decks on townhouses at Lake Inde-
pendence.
Eilene Roberts, Attorney representing Mr. Spaeth, stated that Units 4,5,6 are built well
back from the 75 ft. lakeshore setback requirements; that the 1981 requirements seem arb-
itrary and capricious; that primary value is lakeshore and that three potential buyers are
interested if outdoor living space can be included. She stated that other properties in the
Lake Independence area have been granted similar variances.
Thomas Anderson asked what had changed since 1981. Were docks discussed at that time.
Ms. Roberts stated that she believed that they were.
Thomas Crosby asked the City Attorney to explain the last sentence of his memo. 0 J 0 ® 5
Mr. Schieffer explained that it meant that rezoning conditions would need to be reheard at a
pulbic meeting; that all of the documents agreed upon in 1981 had worked together.
John Spaeth Jr. stated that others have been allowed to construct decks in the area under the
variance procedure and that the hardship is the fact that his father cannot sell them and that
decks may help in the sale.
Thomas Crosby stated that Mr. Spaeth had said he needed the development for financial reas-
ons and that he had been given virtually everything he wanted in 1981 but that his percept-
ion of the market was not what it should have been.
Moved by Crosby, seconded by Heideman not to grant variances to John Spaeth to construct
decks on existing buildings on Lots 4,5,6,7, Dockside, and that whatever action is necessary
to prohibit them should be taken, reasons for denial being:
1. At time of 1981 approval total plan was approved and any variations would require
review of the total plan.
2. Density was a concern in 1981.
3. At time approved adequate setbacks from
4. Hardcover ratio's were a concern.
5. Buildings not unusable in current state.
6. Circumstances have not changed.
7. Economic hardship is not sufficient
Thomas Anderson asked if the variance could
the number of units.
Thomas Crosby stated that he believed that the matter would need to be
Ms. Roberts stated that she did not see anything in the dicuments that
review.
Thomas Crosby stated that he would amend his motion to ask the attorney
including his points.
Anne Heideman stated that she would second the amendment.
Motion declared carried
the lake were abrogated.
reason for variance approval.
be considered if Mr. Spaeth were willing to reduce
reviewed
requires
again.
a complete
to write a resolution
Ms. Roberts stated that consideration should be given to the fact that the buildings are
not saleable without the variances.
Terry Johnson, Conditional Use Permit
JoEllen Hurr reviewed memo and Planning Commission recommendations regarding Terry Johnson's
application to convert the Van Duesen building at 1550 Hamel Rd. into office -warehouse space.
She stated that the Septic System is now shown on plans as being relocated to the west of the
building and landscaping plans have been submitted.
Thomas Crosby asked if there was enough of the building worth saving.
Mr. Johnson stated that the Van Dusen Co. had done about $80,000 worth of work and that he
intended to continue their steel construction project.
Thomas Anderson asked if they had any objection to giving a 30 ft. road easement to the city.
Mr. Johnson stated that he had no objection if he knew what it was for.
Mr. Anderson stated that the city acquires right-of-way for road maintenance purposes.
Moved by Heideman, seconded by Scherer to authorize preparation of a resolution approving a
Conditional Use Permit to Terry Johnson for use of the VAn Dusen building at 1550 Hamel Rd.
according to recommendations of the Planning Commission and upon the city receiving the 3V ft.
right-of-way along Hamel Rd. and Arrowhead Dr.
Jack Ebert, Village Auto Clinic
JoEllen HUrr reviewe memo and Planning Commission recommendations regarding Mr. Ebert's var-
iance application to construct a canopy over gas tanks at 4355 Hwy. 55.
Moved by Reiser, seconded by Scherer to authorize preparation of a resolution granting a
variance to Jack Ebert to construct a canopy over gas pumps at 4355 Hwy. 55.
Motion declared carried
Steve Murphy, West Side Equipment Installers
JoEllen Hurr reported that Mr. Murphy had asked for a Conditional Use Permit to allow the
addition of a new tenant into his building at 902 Hwy. 55. She stated that conditions of
the 1980 permit have not been completed; that the condition of his driveway is very bad
and needs to be tiled and that he would agree to blacktop in 1985 or 1986 and asked if less
landscaping could be done.
j30055
he asked if Council would give her some discretion to work with him or if they preferred
she would tell him he needed to make a variance application.
Thomas Anderson stated that he believed Council had to be consistant and if nothing had been
done for 4 years it should be looked at again,especially if he wanted some new arrangements.
Anne Heideman stated that Council would lose its credibility if Mr. Murphy does not need to
comply with contract conditions as others must.
Moved by Heideman, seconded by Reiser to direct Steve Murphy to appear before Council if var-
iance is needed and if he wishes to renegotiate existing conditions.
Motion declared carried
Fritz Gullickson, Subdivision
Richard Schieffer stated that the legal description was needed for street dedication for
subdivision of the Ben Leuer property.
JoEllen Hurr explained that a closing was scheduled on the property and that she would like
to have authorization to have a resolution prepared and signed.
Moved by Reiser, seconded by Scherer to adopt Resolution 84-9, Gullickson subdivision approval,
with Mayor and Clerk to sign after resolution is prepared.
Motion declared carried
7. 1984-85 LIQUOR LICENSE FEES
Thomas Anderson stated that Council had discussed increasing license fees at the budget hear-
ings in the fall of 1984, and that the fees had not increased since 1981.
Sandy Klein stated that volume of business is down as people do not drink as they used to be-
cause of the drunk driving laws.
Cliff Raskob stated that taxes have gone up.
Thomas Crosby explained that the city has not increased its mill rate so tax increases are
a result of the county and school district. He also explained that Medina periodically in-
creases license fees and then fees remain at that level for a few years unless circumstances
change.
Moved by Crosby, seconded by Heideman to increase On -Sale Intoxicating Liquor license fees
by 10% through July, 1985, due to the fact that existing fees have been in effect for 3 years.
Motion declared carried
Sandy Klein asked why Council did not increase them by 5% and then review again next year.
Mr. Crosby stated that might be similar to terms of a union contract.
Anne Heideman stated that she would prefer to do something similar to what has been done in
prior years.
Council asked for information on fees being charged by neighboring communities for Non -Intox-
icating licenses for the May 1st meeting.
8. RONALD ROBERTS, ON -SALE NON INTOXICATING MALT LIQUOR LICENSE
Donna Roehl reported that the Police Department had investigated the applicant and approved
the application.
Moved by Crosby, seconded by Heideman to grant an On -Sale Non -Intoxicating Malt Liquor license
to Ronald Roberts/dba Hamel Pizza Factory, from April 17 through June 30, 1984 for a fee of
$25.00.
9. RONALD ROBERTS, CIGARETTE LICENSE
Moved by Scherer, seconded by REiser to grant a 1984 Ciagarette license to Ronald Roberts for
a fee of $12.00.
Motion declared carried
10. INDEPENDENCE BEACH STORM WATER DRAINAGE PROBLEM
Glen Cook stated that Robert Hebzinski had suggested cleaning out the plastic the line and
not doing a storm sewer project in the Independence Beach area. He explained that it will
not create buildable lots but would alleviate the standing water. He stated that if property
owners do not allow the city onto their property to do a storm sewer project the work would
need to be moved 200 ft. and would then be 10 ft. deep.
R
Robert Hebzinski explained that the property had drained well for 6 years but sinctw o ®.—
houses have been built the line has gotten filled with dirt. ��!!
Glen Cook stated that the City of Plymouth would loan the city its jet.
Anne Theis asked if there would be some value in putting in some type of ditch as the area
has been flattened out over the years with silt.
11. MEDINA MORNINGSIDE SEWER PROJECT
Al Guenther of Nodland and Associates requested that Council recomsider its decision to
charge $2000 in liquidated damages which were charged because the blacktopping of the Med-
ina Morningside streets was not completed before the August 1, 1983 deadline.
Rich Cairn of Valley Paving stated that they had been told by the cities engineer that they
could not begin before July 15th and because of the rain they could not get the job completed
by the deadline.
Thomas Crosby explained that the engineer could not give the Council a sufficent reason as
to why the work had not been done on time. He reminded Mr. Guenther that the city had re-
quested the blacktopping be delayed until 1983 but had paid a substantial additional amount
for that Change Order. He asked why it did not,then, get finished on time.
Mr. Cairn stated that the key to completion of the paving was getting the street shaped and
because of the weather they had been delayed.
Mr.Crosby asked why they had waited until now to make their appeal, when the engineer is not
available to offer input.
Mr. Guenther stated that they and tried to work through the engineer and did agree to the
liquidaged damages on the condition that they could appear before Council to appeal.
Mr. Crosby stated that he would like to review the Change Order and any other information
available.
Moved by Heideman, seconded by Scherer to table the matter until May 1, 1984.
Motion declared carried
12. PARK MAINTENANCE
Anne Heideman explained that she had discussed park maintenance with Jim Dillman and others
and believed that the city should employ 2 summer youth employees, hire an employee under
the Community Development Block Grant Program and contract with Pete Hiller at $5.00 per
hour to maintain Hunter Farms Park. She explained that all employees would be paid at a
lower hourly rate than regular full time employees and could take care of park maintenance
and other similar duties.
Moved by Heideman, seconded by Reiser to contract with Pete Hiller to maintain Hunter Farms
Park for approximately 6 hours per week from May 1st through September 15th at $5.00 per
hour.
Motion declared carried
Moved by Reiser, seconded by Heideman to advertize in the Official Newspaper to hire a
park maintenance employee at $5.00 per hour using Community Development Block Grant Funds.
Motion declared carried
13. WALNUT STREET LIGHTING
Michael Sankey reported that there is a street light on each corner of Walnut St. and for
traffic safety one would not be needed in the middle of the block. He explained that Anne
Theis had requested a light because of an incident in the neighborhood.
Moved by Reiser, seconded by Crosby not to have a street light installed mid block on Walnut
St. due to the fact that it is not needed for traffic safety.
Motion declared carried
14. HENNEPIN COUNTY WASTE ADVISORY COMMITTEE
Moved by Heideman, seconded by Reiser to table appointment of a resident to serve on the
Hennepin County Waste Advisory Committee until Thomas Crosby determines if a member of the
Concerned Citizens Group is interested in serving on the committee.
Motion declared carried
15. ELM CREEK WATERSHED COMMISSION
Moved by Heideman, seconded by Scherer to appoint Emil Jubert as alternate delegate to the
Elm Creek Watershed Commission.
Motion declared carried
Moved by Heideman, seconded by Reiser to appoint JoEllen Hurr to serve on a sub- ®J
committee for purposes of completing a water quality study for the Elm Creek Watershed
Commission.
Motion declared carried
16. HENNEPIN COUNTY FAIR
Moved by Heideman, seconded by Scherer to contribute $25.00 for Hennepin County fair purposes.
Motion declared carried
17. BILLS
Moved by Crosby, seconded by Reiser to pay the bills: Order Checks # 2861-2868 in the amount
of $2804.01 and Payroll Checks # 7633-7650 in the amount of $11,505.08.
Motion declared carried
18. INDEPENDENCE BEACH WELL REPAIR
Glen Cook reviewed his comparison of quotes received for Independence Beach well maintenance.
Maximum amounts based on base quote plus alternates were: Steven's Well--$11075.00; E.H.
Renner--$11700.00; Bergerson-Caswell--$10,700.00.
Wilfred Scherer stated that he would prefer to have Steven's Well do the work because of
their past performance and the fact that they were willing to make repair calls at any time.
Moved by Crosby, seconded by Reiser to authorize Bergerson-Caswell to pull the Independence
Beach well and inspect and perform maintenance work as suggested.
Motion declared carried
19. TRA CORPORATION, 10:30 P.M.
William Reiser conducted this portion of the meeting.
Glen Cook reviewed his letter regarding the installation of storm
property. He stated that the owners have also requested that the
and assess against the property.
Thomas Anderson stated that the street would probably se
future although it will now serve only the motel.
Thomas Crosby asked if there was a problem with drainage
Sheldon Tart stated that the creek is dry in the summer.
Mr. Crosby suggested proceeding according to a schedule with both the
and assess the TRA Corporation, only, for the street construction and
Larry Elwell, property owner to the north stated that the storm sewer
but if the sanitary sewer were to be included he would be agreeable.
sewer to serve the TRA
city construct the street
rve a commercial development in the
on the property
at this time.
storm sewer and street
others for storm sewer.
is worthless to him
He also stated that he
had not been notified that the item would be discussed and he had found out about it a lunch
time.
Thomas Anderson stated that he had tried to phone Mr. Elwell.
JoEllen Hurr stated that Jim Lutz is waiting to see what the city does regarding this request
as he has street and sewer to construct off of Hamel Rd. and that Don Erickson had asked the
city to construct the street in his project and assess the cost against the property.
Thomas Anderson stated that some councilmembers have said that Commercial property could be
treated differently as the city was trying to promote growth in the Hamel area.
Mr. Crosby asked what the preliminary cost would be.
Glen Cook stated that it would cost about $1000 to define the storm sewer boundary and $500
to do a feasibility study.
Mr. Tart stated that some work had already been done by their engineer which could be used.
Mr. Crosby stated that he could see Mr. Elwell's problem but a boundary cannot be defined
until the study is completed.
William Reiser asked why the sanitary sewer could not be put in to serve the Elwell property.
Anne Heideman stated that his property was out of the sewer district.
Mr. Elwell explained that it would be more realistic to think that something will develop
along Hwy. 101 rather than taking care of problems where houses are built.
Mr. Crosby stated that he would agree to having a feasibility report completed if the devel-
opers would hold the city harmless for the cost of the study.
Mr. Tart stated that they did not start out to cause a problem but perhaps the city should
look to the broader area and approach it from that angle.
Mr. Crosby explained that a developer in the Independence Beach area had asked the city to
do a street and sewer project and the city had declined.
Mr. Anderson explained that this is a little different from a residential street
project as this will serve other commercial businesses.
Moved by Crosby, seconded by Heideman to authorize a feasibility study for a storm sewer
and street project based on assurance from the developer that the city will not have to
pay for the cost of the study.
Motion declared carried
WJU038
Mr. Crosby asked for information as to how the Hamel sewer district was diliniated.
20. SEWER ORDINANCE
Donna Roehl stated that the cities sewer ordinance needed to be updated to include re-
quirements made by the PCA and that it needed to be done immediately because of the
outstanding grant that the city is to receive for the completion of the Medina Morning -
side sewer project.
Moved by crosby, seconded by Heideman to request that Glen Cook rewrite the sewer ordinance
to include the items requested by the PCA.
Motion declared carried
21. ORDINANCE CODIFICATION
Moved by Heideman, seconded by Reiser to hold a special meeting on Monday, April 30, 1984
at 7:00 P.M. for the purpose of completing codification of the ordinances.
Motion declared carried
Moved by Heideman, seconded by Scherer to adjourn.
Motion declared carried
Meeting adjourned at 11:15 P.M.
04„„,,,,J4,_Ax}
Clerk -Treasurer
April 17, 1984