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Home My Public Portal About05/20/80 CCMPAYROLL MAY'20, 1980 5750 Robert Anderson $ 416.99 5751 Charles Hoover 660.55 5752 Jerome LaFond 558.19 5753 Michael Rouillard 519.73 5754 James Dillma.n 465.62 5755 Robert Dressel 493.42 5756 Ronald Duran 549.33 5757 Steve Scherer 162.50 $ 3826.33 The Council of the City of Medina met in regular session on Tuesday, May 20, 1980 at 7:40 P.M. • Members present: Mayor, Thomas Anderson; Couneilmembers, Thomas Crosby, William Reiser, Nancy Laurent; Clerk -Treasurer, Donna Roehl; Public Works Director, Ron Duran; Police Chief, Charles Hoover; Planning and Zoning Admin- istrator, JoE11en Hu.rr; Engineer, Lyle Swanson; Attorney, Richard Schieffer Absent: Counoilmember, Sarah Lutz Mayor Anderson asked if wished to consider the following items which were not included on the agenda: Elm Creek Heights, 2nd Addition, Plat Installation of a Lift Station on Walnut St, to serve Arnold Ostlund residence John Spaeth, opening of the Dockside Inn Members agreed to consider all of the items. 1. JOHN SPAETH Motion by Crosby, seconded by Reiser to allow Mr. Spaeth to open the Dockside ann, at this time, on the condition that taxes and assessments are paid before the 1980 license is issued. Motion declared carried 2. MINUTES OF MAY 6, 1980 Thomas Crosby asked that the following additions be made: Page 43, Item 11: After second to last sentence, add: "The Council advised the individuals present (including David and Tom Jubert) that the event should be kept private in nature and that the City would take action in the event it became , in the opinion of the Council, a public nuisance." Page 44, Item 12: Under condition No. 4, add: a NET of 4 ft. Thomas Anderson asked that Item 19, Page 45 be changed to note that he and not Lyle Swanson estimated cost of sidewalks to be Motion by Crosby, seconded by Reiser to accept minutes of May 6, 1980, as amended. Motion declared carried 3. POLICE DEPARTMENT Motor Bike Licensing Discussion of the prepared ordinance. Motion by Crosby, seconded by Reiser to endorse the concept of the ordinance and to delay adoption until June 3rd to allow time for notification of the public of the proposed ordinance. Motion declared carried Chief Hoover was asked to determine the cost of identification plates so that fees could be set. Liquor Consumption Outside Premises Discussion of the ordinance which the Police Department had asked to be prepared to control consumption of alcoholic beverages in parking lots. Discussion of how the ordinance would affect scheduled outdoor events. Motion by Laurent, seconded by Reiser to adopt Ordinance 190, Regulation of consumption of Alcoholic bevera.ges'outside of a licensed premises, with an amendment to include a scheduled outside activity. Motion declared carried Disorderly.Conduct Motion by Crosby, seconded by Laurent to adopt Ordinance 191, Regulating Disorderly Conduct. Motion declared carried 4. PUBLIC WORKS DEPARTMENT Sidewalks Lyle Swanson presented report on -upgrading sidewalks in Hamel. Plans indicate sidewalk to be 4" thick, 5' wide, cost to be $13.00 per foot. Intention is not to replace anything that is in reasonably good condition. Estimated cost from the barbershop to the St. Anne's Church property would be $30,200 for sidewalks and entrances. He stated that Co. -State Aid money could be used. Donna Roeh1 stated that Community Development funds could be used as Hamel qualifies as a Low and Moderate income area. Motion by Reiser, seconded by Crosby to hold an informational Public Hearing on Tuesday, May 3rd. at 8:00 P.M. Motion declared carried Northern States Power Co. Motion by Reiser, seconded by Crosby to adopt Resolution 80-14, allowing Northern States Power Co. to bury cable under Walnut St. to serve 4605 Walnut St. Motion declared carried 1966 Ford Truck Ron Duran reported that Otten Brothers had offered to purchase the 1966 Stake truck for $2000.00 and because it is not used a great deal of the time because snow fences are not put up any longer, he advised selling it. Also the Road Committee had recommended selling it in their report tothe Council. He stated that there are no plans to purchase any other truck, at this time. Motion by Reiser, seconded by Laurent to authorize the sale of the 1966 Ford truck to etten Bros. for $2000, on the recommendation of the road committee and the Public Works Director. Motion declared carried 5. HAMEL DAIRY QUEEN Members discussed the addition that Bruce Luxford is planning on adding to the Hamel Dairy Queen building in Hamel and the fact that a set -back variance may not be needed as the location of the drive-thru window may be within 15 ft. of the side yard. Thomas Anderson noted that because the building is located in a commercial area no var- iance is needed to install an outside speaker. Discussion of the need for a variance to the sign ordinance to allow a "drive-thru" sign to be added to the present sign. Motion by Crosby, seconded by Reiser to grant approval to Bruce Luxford to build a drive-thru addition on the west side of the Hamel Dairy Queen, provided that he stays within the 15 ft. required side yard set -back; to acknowledge that he does not need a variance for a speaker, as he is in a commercially zoned district. Motion declared carried Motion by Crosby, seconded by Laurent to grant a variance to Bruce Linr-ford to place a "drive-thru" sign onto the existing Hamel Dairy Queen sign, which will bring the sign to 12 sq. ft over the ordinance limits; ordinance granted because the large logo sign was "grandfathered" at the time the sign ordinance was adopted. Motion carried voting "No"- thomas Anderson 6. MEADOWWOODS PLAT Members discussed the entrance via Cherokee Rd., the recommendations made by the Planning Commission, suggestions by Ray Jacques and Bob Porter who are property owners abutting the Meadowwoods plat. Thomas Crosby -stated that: 1. He is not in favor of long cul de sacs. 2. A legal way across the Jacquest property has not.been shown. 3. If access is secured through the Porter property, the water area should be avoided. 4. Only pre-existing variances needed by the Porter's would be considered. 5. The Developer, Mr. Jacques and Mr. Porter should attempt to negotiate a settlement. Mr. -Jacques explained that the easement is to 22 acres and not to the additional prop- erty owned by Mr. Groves. Lyle Swanson and Ron Duran stated that they could see problems with attempting to locate a road on the Porter property. JoEllen Hurr stated -that the easement restrictions set forth.by NSP must be defined for any buyer. Thomas Anderson stated that street lighting and traffic signs would need to. be supplied V by the developer. After consultation among themselves, Mr. Jacques, Mr. Porter and representatives of Mr. Groves agreed that a solution to the Cherokee Rd. access problem could be found. Motion by Crosby, seconded by Reiser to request that staff prepare a resolution setting forth conditions for preliminary approval of the Meadowwoods Plat to be considered at the June 3rd meeting. Motion declared carried 7. WILLIAM CONLEY Discussion of the request by the Conley's, that had been considered by the Planning Commission, to place a Modular home on their property as living quarters for a daughter. Mrs. Conley explained that their request included removal of the home by December, 1982; that they had decided that a Modular home would be to expensive, that they did not want a mobile home but that a Movilla would suit their needs. Building Inspector, Loren Kohnen, stated that a Movilla is a type of Mobile Home and that Medina's ordinance does not allow a mobile home unless a building permit has been secured to build a permanent residence or unless located in a mobile home district. Discussion of the possibility of using an existing antique shop as a residence. Also the need for a separate well and septic system. Motion by Crosby, seconded by Reiser to reaffirm Medina's policy concerning mobile homes to the extent that this application is deemed to be inconsistent with existing regulations and shall therefore be disapproved. Motion declared carried Thomas Crosby suggested that some other means of providing housing for 2 years be explored such as using the existing structure or a Modular home. 8. DELLWOOD HOMES JoEllen Hurr explained the variance application of Tony Eiden to construct a house on Lot 5, Block 28, Independence Beach. Mr. Eiden stated that the house would front on Lakeshore Ave. Motion by Fleiser, seconded by Crosby to grant a 15 ft. front yard set -back variance and a 3 ft. rear yard set -back variance to Dellwood Homes to construct a house on Lot 5; Block 28, Independenoe Beach. Variance granted because existing platted lots in the Independence Beach area are small. Motion declared carried 9. CAANAN FELLOWSHIP JoEllen Hurr explained that the Caan.an Fellowship had moved a trailer onto their property on Brockton Lane, .in December of 1979, without a permit, and were using it as an office to conduct a painting business. She stated that they were applying for a variance to be able to use the trailer until Aug- ust, 1980, at which time they will have located another office. She expressed concern with granting a variance in view of the decision Council had made in the Conley application. Motion by Crosby, seconded by Laurent to order removal of the trailer located at 4175 Brockton Lane, immediately. Motion declared carried 10. ELM CREEK HEIGHTS,2ND. ADDITION Attorney, Jim Tiller, appeared on behalf of the developers to seek preliminary approval of the Elm .Creek Heights, 2nd Addition Plat, without consideration as to location and number of units. Several conditions for plat approval were discussed. Motion by Crosby, seconded by Reiser to request that staff prepare a resolution for action at the June 3rd meeting, setting forth conditions for granting preliminary approval of the Elm Creek Heights, 2nd Addition plat. Motion declared carried 11. ANNE '_WEIS Mrs. Theis presented information regarding Lots 5 and part of Lot 6, Block 9r Independence Beach and the problems encountered at the time they built their home which made it necessary to construct a detached garage. She stated that the resolution combining lots into building sites would need to be re- worded because the property descriptions listed would bring the garage to close to the side yard line. City Attorney was asked to prepare an amendment to the resolution to be considered on June 3rd. 12. COMPREHENSIVE PLAN Discussion of the need for a time extension for submission of the Cities Comprehensive plan. Motion by Crosby, seconded by Reiser to adopt Resolution 80-15 requesting a short term time extension for the Comprehensive Plan. Motion declared carried 13. LIQUOR LICENSES, 1980 Motion by Reiser, seconded by Crosby to grant and On -Sale Intoxicating Liquor License to Jospeh Raskob/dba Medina Recreations. Inc. Motion declared carried Motion by Reiser, seconded. by Crosby to grant an Off -Sale Intoxicating Liquor license to Robert Raskob / dba Medina. Recreations Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant a Sunday Liquor License to Joseph Raskob/ Medina Recreations Inc. Motion declared carried Motion by Reiser, Seconded by Crosby to grant an On -Sale Non Intoxicating Liquor License to Joseph Raskob/dba Medine. Recreations Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an Off -Sale Non Intoxicating Liquor license to Joseph Raskob/ dba Medina Recreations Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant a Dance License to Patricia Raskob / dba Medina Recreations Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an On -Sale Intoxicating Liquor license to Larry Thomas / dba Big Woods Saloon Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an Off -Sale -Intoxicating Liquor license to Larry Thomas / dba Big Moods Saloon Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant a Sunday Liquor License to Larry Thomas dba Big Woods Saloon Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an Off -Sale Non Intoxicating Liquor License to Larry Thomas / dba Big Woods Saloon Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an On -Sale Intoxicating Liquor license to Robert Klein / dba Hill Liquors Inc. Motion declared carried / ;1 Motion by Reiser, seconded by Crosby to grant an Off -Sale Intoxicating Liquor license to Robert Klein/ dba Hill Liquors Inc. Motion declared carried Motion by Reiser, seconded by Crosby to grant an Off -Sale Non Intoxicating Liquor license to Robert Klein, dba Hill Liquors Inc. Motion by Reiser, seconded by Crosby to grant an Off -Sale Intoxicating Liquor license to Patrick Wald / dba Pat's Liquors. Motion declared carried Motion by Reiser, seconded by Crosby to grant a Private Club License to the John Pohlker American Legion Post #394. Motion declared carried Motion by Reiser, seconded by Crosby to grant an On. -Sale Non Intoxicating Liquor license to the John Pohlker American Legion Post #394. Motion declared carried Motion by Reiser, seconded by Crosby to grant an Off -Sale Non Intoxicating Liquor license to Tom Pettit/dba Toms Superette. Motion declared carried Motion by Reiser, seconded by Crosby to grant an On -Sale Non Intoxicating Liquor license to the Hennepin County Park Reserve District. Motion declared carried Motionby Reiser, seconded by Crosby to grant an Off -Sale Non Intoxicating Liquor license to the Hennepin County Park Reserve District. Motion declared carried 14. FIRE MARSHALL ORDINANCE Motion by Laurent, seconded by Reiser to adopt Ordinance 192, Establishment of the Office of Fire Marshall and Outlining Duties. Motion declared carried 15. 4-H CLUBS CONTRIBUTION Motion by Reiser, seconded by Crosby to contribute $25.00 to the Hennepin County 4-H Federation for County Fair expenses. Motion declared carried 16. ORONO COMMUNITY EDUCATION Motion by Crosby, seconded by Reiser to enter into agreement with the Orono Community Education for provision of services at a cost of $269.30. Motion declared carried 17. ,INDEPENDENCE BEACH SEWER LIFT STATION Motion by Laurent, seconded by Reiser to request the preparation of plans to install a Lift Station to serve Arnold Ostlund on Walnut St., Independence Beach, according to the agreement reached at the time Mr. Ostlund appealed the sewer assessment. Motion d eclared carried 18. Se INV YOUTH EMPLOYMENT Motion by Laurent, seconded by Reiser to enter into agreement with the Twin City Tree Trust to employ under the Summer Youth Employment Program. Motion declared carried 19. COMPREHENSIVE PARK PLAN Discussion of the park plan as prepared by the Park Commission and the City Planner. Thomas Anderson stated that he would like some clarification of the population figures included in the plan. Motion by Crosby, seconded by Laurent to accept the plan, as prepared, subject to ver- ification or correction of the population estimates on Page 7 of the plan. Motion declared carried 20. BILLS Motion by Reiser, seconded by Crosby to pay the bills; Payroll # 5750-5757 in the amount of $382.6.33. Motion declared carried Motion by Reiser, seconded by Crosby to adjourn. Motion declared carried Meeting adjourned at 10:55 P.M. Clerk May 20, 1980