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Home My Public Portal About05/15/79 CCM200 5351 Charles Hoover 5352 Jerome LaFond 5353 Michael Rouillard 5354 James Dillman 5355 Robert Dressel 5356 Ronald Duran PAYROLL MAY 15, 1979 $ 578.60 501.86 469.5o 391.70 377•41 480.27 2799.34 The Council of the City of Medina met in regular session on Tuesday, May 15, 1979 at 7: 30 P.M. 261 Members present: Mayor, Thomas Anderson; Councilmembers, wi.11iam Reiser, Thomas Crosby, Nancy Laurent; Clerk -Treasurer, Donna Roehl; Public Works Director, Ron Duran; Police Chief, Charles Hoover; Planning and Zoning Admin- istrator, Robert Derus; Attorney, Richard Schieffer; Engineer, +Skip" McCombs Absent: Sarah Lutz 1. Minutes of May 1, 1979 Motion by Laurent, seconded by Reiser to accept minutes of May 1, 1979, as presented. Motion declared carried 2. POLICE DEPARTMENT Law Enforcement Week Motion by Reiser, seconded by Crosby to declare May 13-19 as Police Appreciation Week. Motion declared carried 3. PUBLIC WORDS DEPARTMENT Northwestern Bell Telephone Co. Motion by Reiser, seconded by Crosby to approve Resolution 79-19, allowing Northwestern Bell to bury cable on Wichita Trail. Motion declared carried Minnesota Gas Co. Motion by Reiser, seconded by Laurent to approve resolution 79-20, allowing Minnegasco to install gas lines to serve 3522 Sioux Dr., Hamel. Motion declared carried Motion by Reiser, seconded by Laurent to approve Resolution 79-21 allowing Minnegasco to install gas lines to serve 3300 Red Fox Dr., Hamel. Motion declared carried James Dillman, Resignation Motion by Laurent, seconded by Crosby to accept resignation of James Dillm.an, Public Works Employee, effective May 18, 1979, and if needed to advertize for a replacement. Motion declared carried 4. SAC CHARGE REFUND ORDINANCE Attorney Schieffer stated that he had talked with representatives of Chaska and Savage and they had stated that they would recommend approval of the ordinance to their councils. Council agreed that administrative charges should be 5% and the deadline for application for repayment should be August 6, 1979. Motion by Crosby, seconded by Laurent to adopt Ordinance 182, Refunding of a portion of the SAC Charges collected by Metro Waste Control Commission. Motion declared carried 5. FIREWOOD ORDINANCE Attorney Schieffer presented a letter he had written to the Minnesota Department ure informing them that the present ordinance does not allow storage of firewood Council wishes to allow such storage an amendment would be needed. Nancy Laurent stated that such an amendment should be added, due to shortages of Motion by Crosby, seconded by Laurent to amend Ordinance 152 to allow storage of from September 1 thru April 15th of each year. Motion declared carried of Agricult- and that if fuel. elm wood 6. 1979-80 LIQUOR LICENSES Motion by Crosby, seconded by Reiser to grant an On -Sale Intoxicating Liquor License to Robert Garner dba Big Woods Saloon. motion declared carried Motion by Crosby, seconded by Laurent to grant an Off -Sale Intoxicating Liquor license �o Robert Garner dba Big woods Saloon. Motion declared carried Motion by Crosby, seconded by Reiser to grant a Sunday Liquor License to Robert Garner dba Big woods Saloon. Motion declared carried Motion by Crosby, seconded by Reiser to grant an On -Sale Intoxicating Liquor license to Joseph Raskob dba Medina Recreations Inc. Motion declared carried Motion by Crosby, seconded by Reiser to grant an Off -Sale Intoxicating Liquor License to Robert Raskob dba Medina Recreations Inc. Motion declared carried Motion by Crosby, seconded by Laurent to grant a Sunday Liquor License to Josept Raskob dba Medina Recreations Inc. Motion declared carried Motion by Crosby, seconded by Laurent to grant an On -Sale Non -Intoxicating Malt Liquor License to Joseph Raskob dba Medina Recreations Inc. Motion declared carried Motion by Crosby, seconded by Reiser to grant an Off -Sale License to Josepth Raskob dba Medina Recreations Inc. Motion declared carried Non-intoxicatingMalt Liquor Motion by Crosby, seconded by Reiser to grant a Dance License to Patricia Raskob, dba Medina Recreations Inc. Motion declared carried Motion by Crosby, seconded by Laurent to grant an On -Sale Intoxicating Liquor License to Robert Klein dba The Hill Liquor. Motion declared carried Motion by Crosby, seconded by Laurent to grant an Off -Sale Intoxicating Liquor License to Robert Klein dba The Hill Liquor. Motion declared carried Motion by Crosby, seconded by Laurent to grant an Off -Sale Non -Intoxicating Liquor License to Robert Klein dba The Hill Liquor. Motion declared carried Motion by Crosby, seconded by Laurent to grant an Off -Sale Non -Intoxicating Malt Liquor license to the Hennepin County Park Reserve District, Clifton French, Superintendent. Motion declared carried Motion by Crosby, seconded by Reiser to grant an On -Sale Non -Intoxicating Malt Liqu license to the Hennepin County Park Rese4vve District, Clifton French, Superintendent. Motion declared carried Motion by Crosby, seconded by Reiser to grant an off -Sale Non -Intoxicating Malt Liquor license to Tom Pettit dba Tom's Superette. Motion declared carried Motion by orosby, seconded by Reiser to grant an Off -Sale Intoxicating Liquor License to Pat Wald dba Pat's Liquor. Motion declared carried Motion by Crosby, seconded by Reiser to grant an On -Sale Non -Intoxicating Malt Liquor 2 r q License to the John Pohlker post #394, Ellsworth Roy, Manager. Motion declared carried Motion by Crosby, seconded by Reiser to grant a Private Club License to the John Pohlker post #394, Ellsworth Roy, Manager. Motion declared carried Motion by Crosby, seconded b; Reiser to grant a Sunday Liquor License to Rolling Green Country Club, Thomas Winkle, Manager. Motion declared carried Motion by Crosby, seconded by Laurent to grant a Private Club License to Rolling Green Country Club, Thomas Winkle, Manager. Motion declared carried 7. HAMEL ROAD, PINTO DRIVE AND TOWER DRIVE ROAD IMPROVEMENTS, PUBLIC HEARING, 8:03P.M. Engineer "Skip" McCombs explained details of the proposed project which would bring the affected roads to 9 ton status. He explained the suggested methods of assessing the various properties. B.C. Burdick, 777 2nd St., Excelsior; Stated that he was interested in extending Tower Dr. across pinto Dr. to serve his property. Jim Tiller, Attorney: Representing 15 homeowners opposed to improvements on Hamel Rd. and Pinto Dr., presented petition signed by the affected property owners. He stated that State Statutes and several court cases have required that special assessments may not exceed special benefits as measured by increase in land value due to improvements. The proposed road im- provement would not increase the value of the homes regardless of the zoning. He stated that the homes were constructed before the rezoning, that the road in its present condition is sufficent for the homeowners use and if the improvement is needed the city should bear the cost of the improvement. Tom Darnell, 705 Hamel Rd.: How do you intend to make a 9 ton road out of a 7 ton road? McCombs: Overlaying with a 2 or 22 inch overlay. Darne W ill road be posted if upgraded? McCombs: There will be no needto post if a 9 ton road. Don Kukacka, 3575 Pinto Dr.: Why can some heavy trucks use the roads and others cannot? Mayor Anderson: Don Mayer and Medicine Lake Bus Co. were given special consideration but this will cease if road is not upgraded. Burdick; As I will be paying for about half of the project and traffic on Hamel Rd, is thru traffic from the west and the east, perhaps some of the cost should come from general city funds. Jack Neidt, Owner of apartment house at 795 Hamel Rd.: Would the extension of pinto Dr. that serves my apartment house be included in this project? McCombs: No Bill Cavanaugh, Medina Industrial Park: The base of Tower Dr. is complete for a 7 ton road, I will add what is necessary to make a 9 ton road. I would like credit for work that has been completed on Tower Dr. Vern Isham, 640 Hamel Rd.: I would like improvements 400 feet across front of the Medicine Lake Bus Co, property. John Day, Medina Industrial Park: Would trucks need to use pinto Dr. and not travel east on Hamel Rd.? Anderson: Heavy loads could not travel east thru Hamel. Mr. Day: I would be in favor of the improvement. Paul McKinney, 3840 Virginia Ave., Wayzata: Why area assessments when Kilkenny Dr. is upgraded? McCombs : The upgraded thoroughofares will serve the lots on Kilkenny Dr. ayiMcKinney: When the original plat was approved the roads must have been sufficent or the at w�not have been approved. Thomas Crosby: What was approved previously does not bind the present council. David Gates, Medina Creekside: Will Hickory Dr, in Medina Creekside become a 9 ton road? Anderson: Hickory Dr. should be done at the same time as the other streets. Gates: Some of the improvement expenses should be paid out of general revenues.a.s some streets are thoroughofares. Also the problem on pinto Dr, cannot be corrected by overlay, it must be dug out. Motion by Crosby, seconded by Reiser to close the public hearing. Motion declared carried public Hearing closed at 8:55 P.M. Thomas Crosby stated that information regarding the date of rezoning to industrial would be helpful and also how much revenue residential property would be producing. Thomas Anderson asked for information as to make-up of a road to bring to a 9 ton road. Also the history of the rezoning and when houses were constructed. Also extending Tower Dr. to serve the Burdick property. He asked that the attorney furnish information regarding assessing of non -benefiting property. Matter was tabled until June 5th. 8. ROGER SCHH2ER, METRO COUNCIL REPRESENTATIVE Mr. Scherer discussed several items with Council: Improvement of the Hamel sewer system; The Medina-Morningside sewer situation; Airport site in Hennepin County; and the Hennepin County site selection for landfills. Regarding the Medina Morningside sewer situation discussion involved the grant application and the fact that additional details are needed regarding problem definition. 9. HiaNNEPIN COUNTY LANDFILL Steve Pflaum discussed the right of Hennepin County to use land purchased with public fund for park purposes, for landfills. He stated that a number of residents have looked for a law firm which could possibly test the case in the courts. He discussed the possibility of private contributions being made to the city,who in turn would employ such a counsel. The firm. of Dayton and Herman had been approached and Mr. Herman had stated that he would not charge more than the amount of the contributions. A further suggestion that was made was to hire a lobbiest to carry out research. Lawrence Redmond had been suggested. Thomas Crosby stated that if such an attorney were hired he should be made aware of the fact that he is being hired by the city and the city would be making final decisions. Richard Schieffer stated that it would be legal to set up a special fund for the financing of this type of procedure. Thomas Crosby stated that contributors should know that their contributions may not be tax deductible. Motion by Crosby, seconded by Reiser to approve the following: Whereas the Medina City Council deems it in its best interest to engage Dayton and Herman to urge that the Baker Park site not be used as a landfill site. Now Be It Resolved that the City of Medina engage the firm of Dayton and Herman and to also employ Lawrence Redmond with the understanding that fees shall be no more than those amounts contributed from citizens. Be It Further Resolved that each of those engaged present to Council, at its next meeting, an outline of what they intend to do and cost of same. Also Steven pflaum and Lyman Wake- field to present to Council details as to contributions. Motion declared carried 10. MEDINA MORNINGSIDE PARK Ron and Fran Peterson residents of Medina marningside appeared to discuss their concerns about problems that may arise if park improvements are made. They stated that no super- vision would cause problems and vandalism may occur. penny Elsenpotar, Park Committee Chairperson, stated that the committee will meet on r, May 23 and would be glad to discuss the Peterson's conoerns. L - Z) Council discussed the possibility of erecting a fence or some screening along the Peterson property. Matter,was tabled until June 5th. 11. RALPH ECKES Mr. Eckes appeared to question whether Steve Muth would be denied a second building permit at some future date if the Eckes were to use the proposed easement as access to property on which they want to build a house. Discussion of the possibility of changing the roadway agreements regarding use by more than 2 properties as access from an easement, as owners and the city are not interested in every road becoming a city street. Matter was tabled until June 5th at which time a new policy may become effective. 12. REYMOND SWANSON Mr. Swanson discussed use of the easement that the Haislets now use, so that he may secure a building permit. Be was informed that a 60 ft. easement would be necessary and a driveway agreement entered into with the city. Thomas Crosby asked if Mr. Swanson could enter into a roadway agreement and then tear it up if new rules are adopted. Richard Schieffer explained that if 60 ft. easement were provided it would need to be vacated by Council action. Thomas Crosby asked that Mr. Swanson wait until June 5th as this is a similar situation to the Eckes matter. 13. PADDY AND ANNE THPIS Discussion of the need for a 19 ft. front yard variance to allow the Theis' to build upon their lots, combination of which would be handled at the same time. Motion by Reiser, seconded by Crosby to adopt Resolution 79-22 allowing for combination/ division of Lots 5,6 and 7, Block 9, Independence Beach, into 2 sites and to grant a 19 ft. front yard set -back variance. Reason for variance being lot sizes in Independence Beach cannot comply with city set -back requirements. Motion declared carried 14. EMIL JUBERT Motion by Laurent, seconded by Reiser to adopt Resolution 79-23, allowing for combination of Lots 4 and 5, Block 30, Independence Beach. Motion declared carried 15. HENNEPIN COUNTY ASSESSiNG Report by Mayor Anderson on the meeting he had attended with Don Monk of Hennepin County and City Assessor William Dredge. Discussion of the bill received for the work they har7 done in the city. Council asked that further discussion be held with Mr. Dredge at the June 5th meeting. 16. BILLS Motion by Reiser, seconded by Laurent to pay the bills; Payroll # 5351-5356 in the amount of $2799.34. Motion declared carried 17. METRO WASTE CONTROL Richard Schieffer explained that Metro Waste Control is attempting to clear up some outstand- ing property titles and had not received deeds for the Hamel Sewer pond property. Motion by Reiser, seconded by Crosby to authorize the Mayor and Clerk to execute the quit Claim deed for the Hamel Sewer pond property. Motion declared carried 18. SMALL CITIES MEETING Motion by Crosby, seconded by Reiser to pay for 2 people to attend the League of Cities meeting Motion declared carried motion by Crosby, seconded by Reiser to ajourn. notion decl d carried, Meeting adjourned at 11.50 p.m. "717244-)ie-(44-1/'Clerk yor