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Home My Public Portal About05/17/77 CCMPAYROLL MAY 17, 1977 4504 Charles Hoover $ 462.50 4505 Jerome LaFond 383.15 4506 Michael Rouillard 385.50 4507 Robert Dressel 332.57 4508 Ronald Duran 386.04 4509 Kenneth Yolkenant 254.93 4510 Lee Leuer 285.39 4511 Farmers St. Bank of Hamel 18.75 2508.83 (r.-)))),}-/ l� The Council of the City of Medina met in regular session on 7:30 P.M. Members present: Mayor, Wayne Neddermeyer; Councilmembers, Arthur Theis, William Reiser; Clerk Donna Administrator, Jeanne Mabusth; Attorney, Tuesday, May 17, 1977 at 131 Thomas Crosby, Nancy Laurent, Roehl; Planning and Zoning Richard Schieffer. Thomas Crosby asked that the following be added to minutes of May 3, 1977: Page 127, Item 1: Motion by Thomas Crosby, seconded by Nancy Laurent to introduce the resolution entitled draft dated 5/3/77. Motion carried unanimously Nancy Laurent asked that Item 3, page 128 be changed by striking, "give each owner 15 ft.and" Also that an addition be made to the motion in Item 4, page 128: at the end of motion add "as per Resolution 77-18." Wayne Neddermeyer asked that Item 5, page 128 be changed to indicate platting fee to be $150. Motion by Thomas Crosby, seconded by Arthur Theis to accept the minutes of May 3, 1977, as corrected. Motion carried unanimously 1. Keith Vogeler Mr. Vogeler appeared to request consideration of his application for a dance permit at his establishment,"T.Arthur's," He explained that he has had bands on weekend nights since March but could not allow dancing because he does not have a dance permit. Police Chief Hoover stated that Mr. Vogeler has done a good job of policing the establishment. Nancy Laurent stated that she had heard there was a noise problem. Mr. Vogeler stated that there is an air conditioner that would be repaired so the windows could remain closed. Mr. Vogeler stated that the hours would be from 8:00 to 12:00 P.M. and that he would employ a "bouncer." Motion by Thomas Crosby, seconded by Nancy Laurent to grant a dance permit to Keith Vogler for the period thru June 30, 1977 and to consider the application for an extension for the next 12 month period on June 21, 1977, fee to be $20.00. Motion carried unanimously 2. BEECHNUT STREET VACATION Nancy Laurent stated that observation indicates a steep slope to the lake not being maintained and many trees on the property. Thomas Crosby noted that it is close to the park and a number of things speak for private use but if taken out of public use it cannot be gotten back. Wayne Neddermeyer asked how the city could take it away fromihe public if it is being used as a means to lake access. Thomas Crosby stated that the city should have a consistent policy as there are other streets in the area with the same conditions. Richard Schieffer stated that an easement is an egress to the lake and not necessarily a picnic area and perhaps the Planning Commission or a committee should look at all of the Independence Beach streets as to their potential value to the city. Motion by Thomas Crosby, seconded by Arthur Theis to refer to Planning Commission for study and recommendation concerning platted easements granting access to Lake Independence. The consideration should include desirability of maintenance of tracts in question and the adoption of a consistant policy for all such lots. If they are to remain public, recommend- ations should be made as to limitations by ordinance or otherwise, as to their use. Motion carried unanimously Wayne Neddermeyer asked if the city could be taken to court regarding street vacation. Richard Schieffer stated that the city has the power to vacate streets. Thomas Crosby stated that usage rules are needed such as permitting people living nearby to maintain an easement and as an access for others to the lake. Motion by Thomas Crosby, seconded by Nancy Laurent to table Beechnut St. vacation until June 21, 1977 after receipt of the Planning Commission report. Motion carried unanimously 1 0 ° —'3. HOLY NAME DRidb; UPGRADING Engineer Lyle Swanson explained the need for road ditches if road is to be upgraded, also there is an advantage to leaving a road stabilize for a year or two before blacktopping. Rochie Begin asked if 4 or 5 inches of blacktop couldn't just be applied. Wayne Neddermeyer stated that it had been tried before and does not work, also the county has been doing it without much success. Rex Gregor stated that he had an engineer look at the road near his home and they said a ditch would not be needed. Lyle Swanson explained that some parts of the road would need ditches and others would not. A complete study has not been done but preliminary work indicates some areas of blue clay. He added that a thorough study would cost from $500 to $700. Motion by Thomas Crosby, seconded by Arthur Theis to authorize the engineer to complete a study of Holy Name Rd. upgrading; cost to be from $500 to $700. Motion carried unanimously Discussion of whether or not the speed limit could be lowered as the buses travel much to fast on Holy Name Drive. 4. DUST CONTROL Discussion of letter from PCA regarding application of drain oil to control dust. George Cleveland presented a proposal as to the application of drain oil. Motion by Thomas Crosby, seconded by Nancy Laurent to permit private dust control program consistent with Mr. Cleveland's proposal and guidelines as set forth in letter from PCA. 5. SYCAMORE TRAIL BLACKTOPPING Motion by Nancy Laurent, seconded by William Reiser to authorize the Mayor to sign contracts with Buffalo Bituminous for blacktopping of Sycamore Trail. Motion carried unanimously 6. POLICE DEPARTMENT RADAR Motion by Thomas Crosby, seconded by William Reiser to authorize the Mayor to execute the lease agreement for the purchase of an MR-9 Radar unit.from Kustom Signals. Cost to be $2385.00, trade-in of old unit $400, net amount $1985.00, plus interest. Payments to be $66.71 per month. Motion carried unanimously 7. JEANNE MABUSTH Diversified Insulation Jeanne Mabusth pointed out several areas of work that had not be,_n completed under the bond previously filed with the city. Mr. Moriguchi presented a new plan he had just received incorporating the old and revised plans. He added that they plan to have the addition to the building,blacktopping and landscaping completed within 3 months. Lyle Swanson stated that he would look at the plans and have a report for Council by the May 31st special meeting. Kathi Ellis, Boarding Kennel Thomas Crosby stated that he had assisted Miss Ellis in the purchase of the property, was not involved in the planning and would possibly abstain from voting on the matter. Ms. Ellis explained that she will be building a boarding facility for dogs and cats and is requesting a variance from the blacktopping ordinance. Richard Schieffer stated that the reasons set forth by the Planning Commission for recommending the variance are not adequate and perhaps the roadway agreement could apply in this situation. He advised Council to maintain a consistent policy regarding blacktopping for a commercial venture. Planning commission Chairman, George Wyse, stated that the property is far enough from Hwy. 55 not to cause a problem for the city. Richard Schieffer stated that the city can- not relax ordinances for that type of reason. Wayne Neddermeyer stated that ventures connected with agriculture do not have blacktopped streets, such as the riding arenas in Medina. Ms. Ellis stated that she would rather not blacktop but if Council deems it necessary, she will. Council advised Ms. Ellis to consider the alternatives and present some rationale for notblacktopping. She was also told that they have no objection to the boarding kennel, the only consideration is blacktopping of the roadway. 133 Jubert Land Division Discussion of the road that is being planned to serve the lots and a request from Sheldon Coplin, a neighboring property owner, to preserve the trees along the road easement. Suggest - Lon that road could be moved somewhat south and each lot would then have property north of the road easement. Motion by Thomas Crosby, seconded by Arthur Theis to approve the Jubert land division subject to moving the road easement from where presently shown, touching the north line; 20 feet to the South and providing a 50 ft. radius cul de sac to serve Lot G, subject to no objections from the Elm Creek Watershed District and the execution of a roadway agreement to be prepared by the City Attorney. Motion carried unanimously Douglas Knudson, land division Dr. Knudson presented plans indicating a proposed 3 parcel division of 15 acres he has pur- chased on Willow Dr. He home is to be located on 5.04 acres but a 4.8 acre parcel would remain between the road easement and the neighboring property. Dr. Knudson was advvsed to divide into 2 parcels and provide a 60 ft. easement along the south line to serve the back parcel. Gary Lindgren, Frieburger property Mr. Lingren appeared to request a variance from the minimum lot size requirement so that pro- posed street location could be retained where presently planned. He stated that having to move the street to the east to provide the additional footage needed to make the lot size requirement would mean changing the terrain of the property to a level parcel. Nancy Laurent suggested changing lot limes to comply with the zoning requirement. Wayne Neddermeyerstated that small lots that are presently assessed for sewer and water could be built upon, as is. L`homas Crosby stated that reshuffling lot lines would obtain the same amount of lots and yet meet the size requirements/ He stated that if Medina wishes to adhere to zoning regulations in Independence Beach we should make no variations or do we want free -flowing zoning in that area. Motion by Arthur Theis, seconded by William Reiser to approve the Lindgren replat of Blocks 3, 4, 5 and 6 and grant a lot size variance for lots 1 - 8, Block 1. Motion carried. Voting Yes: Arthur Theis, William Reiser, Wayne Neddermeyer. Voting No. Nancy Laurent. Abstaining, Thomas Crosby. Hunter Farms Letter from engineer stated that the amount of bond for blacktopping streets in the Hunter Farms division should be $$82,000 and the platting fee should be set at $$1009.00. Motion by William Reiser, seconded by Thomas Crosby to set bond and platting fee according to engineers recommendation. Motion carried unanimously 8. Hennepin County Highway repairs Motion by Wayne Neddermeyer, seconded by Thomas Crosby to ask Hennepin County to stripe Willow Drive and the crosswalk at Holy Name School when they are doing work in Medina. Motion carried unanimously 9. 1977 LICENSES Motion by Arthur Theis seconded by Nancy Laurent to g'ant an Off -Sale Intoxicating liquor license to Robert Raskob dba Medina Recreations Inc. Motion carried unanimously Motion by William Reiser, seconded by Thomas Crosby to grant an On -Sale Intoxicating liquor license to Joseph Raskob, dba Medina Recreations Inc. Motion carried unanimously Motion by Arthur Theis, seconded by Thomas Crosby to grant an On -Sale, OffSale Non Intoxicating Malt Liquor license to Medina Recreations Inc. Motion carried unanimously Ic1 Motion by Thomas Crosby, seconded by William Reiser to grant a Dance permit to Patricia Raskob, dba Medina Recreations Inc. Motion carried unanimously Motion by Arthur Theis, seconded by William Reiser to grant an Off -Sale Intoxicating Liquor license to William Coleman, dba Coleman's Dockside Inn. Motion carried unanimously Motion by William Reiser, seconded by Thomas Crosby to grant an On -Sale Intoxicating Liquor license to William Coleman, dba Coleman's Dockside Inn. Motion carried unanimously Motion by Thomas Crosby, seconded by Arthur Theis to grant an On -Sale, Off Sale Non - intoxicating Liquor license to William Coleman, dba Coleman's Dockside Inn. Motion carried unanimously Motion by Nancy Laurent, seconded by Thomas Crosby to grant a Sunday Liquor license to William Coleman, dba Coleman's Dockside Inn. Motion carried unanimously Motion by Arthur Theis, seconded by Thomas Crosby to grant a Dance permit to William Coleman, dba Coleman's Dockside Inn. Motion carried unanimously Motion by William Reiser, seconded by Thomas Crosby to grant an Off -Sale Intoxicating Liquor license to Robert Klein, dba The Hill Liquor Inc. Motion carried unanimously Motion by William Reiser, seconded by Thomas Crosby to,grant an On -Sale Intoxicating Liquor license to Robert Klein, dba The Hill Liquor Inc. Motion carried unanimously Motion by Thomas Crosby, seconded by William Reiser to grant an Off_Sale Non Intoxicating Liquor license to Robert Klein, dba The Hill Liquor Inc. Motion carried unanimously Motion by Thomas Crosby, seconded by William Reiser to grant an On -Sale Intoxicating Liquor license to Stephen Stahlke, dba Big Woods Saloon Motion carried unanimously Motion by Arthur Theis, seconded by Thomas Crosby to grant an Off -Sale Intoxicating Liquor license to Stcphttn"Stdhlkddba Big Woods Saloon Motion carried unanimously Motion by Nancy Laurent, seconded by Arthur Theis to grant a Sunday Liquor license to Stephen Stahlke, dba Big Woods Saloon. Motion carried unanimously Motion by William Reiser, seconded by Thomas Crosby to grant a Non -Intoxicating Liquor license to John Pohlker Post #394. Motioncarried unanimously 10. BILLS Motion by Arthur Theis, seconded by Thomas Crosby to pay the bills; Payroll # 4504-4511 in the amount of $2508.83 Motion carried unanimously 11. INDEPENDENCE BEACH BOAT RAMP Motion by Arthur Theis, seconded by Nancy Laurent to authorize the Public Works Dept. to repair the boat ramp at park at Lake Independence to make it usable. Motion carried unanimously 12. VOCATIONAL TECHNICAL SCHOOL 3 Thomas Crosby read the change in Item 4, Page 2 of the resolution he had presented at the May 3rd meeting. Motion by Thomas Crosby, seconded by William Reiser to consider the resolution that had been submitted and tabled at the May 3rd meeting. Motion carried unanimously Motion by Thomas Crosby, seconded by Nancy Laurent to amend the resolution, number it 77-21 and move for its adoption. Kathleen Hansmann asked why such things as municipal services, traffic, etc, need to be studied when the Vo Tech School had completed such studies. Thomas Crosby explained that the Council has not been asked to consider the application and thus they have nover considered any of the reports and studies. The Planning Commiss- ion had considered the application but it was withdrawn before Council had time to consider. Greg Roehl asked why a vote was taken to accept the petition for the school and one not taken on the petition against the school. Thomas Crosby explained that the items that had been submitted after the 10 day limit had been put into the file for use (or not) as anyone wishes and they may not necessarily be part of the record. Greg Roehl asked if the large majority of people signing the petition in favor of the school doesn"t indicate what the majority of the people want. Thomas Crosby stated the he must vote his conscience and he had campaigned with voters knowledge that he was opposed to the school at the proposed site. Wayne Neddermeyer stated that half of the people in Medina had signed petitions against the park district purchasing land in Medina and the Council did not even consider the petitions. Greg Roehl stated that he had asked the Orono City Clerk how the land east of the high school was zoned, since the petition against the Vo Tech school stated that area might be a logical site. He had been told that area was zoned residential. Thomas Crosby stated that he had been told there was no provision for a Vo Tech school in Orono's zoning code. Thomas Crosby stated that residents of Medina cannot decide what is before the Council and that the issue is whether or not a Vo Tech school should be allowed in an R-A district of Medina. Also if the resolution were to pass the school would be back where they were when they began over a year ago. Mayor Neddermeyer called for a vote on the resolution. Voting yes: Neddermeyer, Laurent, Crosby, Reiser, Voting No: N'bne^.Abbltainifigi.Theis. He explained that he is an educatthr and lives in a neighborhood where many are violently opposed to the school at the proposed site. Motion carried 13. OFFICE FURNITURE Motion by Thomas Crosby, seconded by William Reiser to purchase a filing cabinet for approximately $90.00. Motion carried unanimously Clerk was advised to have calculator repaired and not trade in on a new one. 14. WILLIAM COLEMAN, DOCKSIDE INN William Coleman owner of the Dockside Inn, discussed the possibility of opening a beer garden at his place of business. He presented plans as to operation and a site plan. Thomas Crosby suggested placing the item on the June 7th agenda. 15. KENNETH VOLKENANT Discussion of letter of resignation received from Ken Volkenant, reasons being comments received from the public as to work done and needing to be done. Also discussion of operation of the public works department and the fact that Leo Leuer can only perform limited duties because of back injury. 136 Ron Duran stated that he had asked for an inventory of tools and equipment owned by the Utility department and had received a list of 4 items. Nancy Laurent stated that the city will need to pay higher wages to secure competant, perm- anent help. 16. MAY 31, 1977 AGENDA Council asked that the following items be placed on the agenda for the May 31st special meeting: Building Inspecting, fees and salary Public Hearing: Street vacation Metro Systems Statement Platting and Park fees Public Works Department ulnd Personnel Policy Motion by Thomas Crosby, seconded by Arthur Theis to adjourn. Motion carried unanimously Meeting adjourned at 1:10 A.M. Clerk Mayor