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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