HomeMy Public PortalAbout07/05/83 CCM2,30
ORDER CHECKS - JULY 5, 1983
2164 Elm Creek Conservation Commission
2165 West Hennepin Human Services
2166 Treasurer MCFOA
2167 Delta Dental Plan of Minnesota
2168 Royal Business Machines
2169 Royal Business Machines
2170 Daytons
2171 Greater N. W. Office of R. E. Assessment
2172 Hansen & Babcock, CPA
2173 LeFevere, Lefler, Kennedy, O'Brien & Drawz
2174 Municipal Forms and Systems
2175 JoEllen Hurr
2176 R. K. Hoagberg Associates, Inc.
2177 Bruce A. LieschAssociates, Inc.
2178 Bonestro, Rosene, Anderlik & Associates
2179 McCombs -Knutson, Associates
2180 Northwestern Bell Telephone
2181 Wright -Hennepin Electric
2182 Ditter, Inc.
2183 Francis Pumarlo
2184 Loretto Feed and Seed
2185 Group Health Plan
2186 Physicans Health Plan
2187 Loretto Towing and Repaid
2188 Amoco Oil Co.
2189 Don Streicher Guns, INc.
2190 Michael Sankey
2191 Everything for the Office
2192 Fortin Hardware Co.
2193 North Memorial Medical Center
2194 Hennepin Co. Sheriffs Dept.
2195 Metro West Inspection Services
2196 Metro Waste Control Commission
2197 Warning Lites, Inc.
2198 Earl F. Anderson & Associates
2199 Steve Scherer
2200 Robert Dressel
2201 James Dillman
2202 Bryan Rock Products
2203 Bury & Carlson
2204 The Patco Co.
2205 Safety-K1een Corp.
2206 Display Masters/Syverson Products
2207 Northern States Power
2208 State of Minnesota -Sales Tax
2209 Satelite Industries
2210 West Side Redi-Mix, Inc.
2211 Nodland Associates
2212 Norwest Bank of Mpls.
2213 F. F. Jedlicki
2214 Minnegasco
2215 Feed -Rite Controls
2216 A. C. Garrison
2217 Metro Waste Control Commission
2218 Hamel Electric
2219 Fadden Pump Co.
2220 Jerry Johnson Excavating
2221 Pera
2222 Social Security -Retirement Division
2223 Arthur Schoening
2224 D & S Construction
-�
7
1,279.00
110.00
15.00
211.70
155.80
570.04
40.00
1,166.66
2,410.00
4,307.51
2.12
7.42
586.48
1,145.50
1,070.00
1,738.60
266.99
582.09
65.75
720.00
14.10
159.04
812.32
480.58
30.00
17.50
62.66
40.23
255.31
32.00
83.14
2,752.75
990.00
150.00
131.53
490.00
60.00
60.00
1,056.04
10,537.95
29.95
33.50
6,000.00
726.20
918.24
150.00
233.00
4,820.66
35,657.00
2,055.00
3.00
136.12
40.00
3,438.15
362.19
174.73
1,114.00
895.15
445.32
132.60
i 767_nn
93,'797.62
231
PAYROLL CHECKS - JULY 5, 1983
7222 Thomas Anderson 150.00
7223 Thomas Crosby 100.00
7224 Anne Heideman 100.00
7225 William Reiser 100.00
7226 Wilfred Scherer 100.00
7227 Robert Anderson 764.15
7228 Mark Moran 652.53
7229 Michael Rouillard 813.11
7230 Michael Sankey 967.28
7231 Robert Dressel 640.22
7232 Steve Scherer 315.00
7233 James Dillman 712.44
7234 Karen Dahlberg 465.36
7235 Charles Hurr 115.50
7236 Law Enforcement Labor Services 45.00
7237 JoEllen Hurr 970.90
7238 Donna Roehl 1,153.65
7239 Sylvia Rudolph 732.03
7240 Western Life Insurance 45.92
7241 Farmers State Bank of Hamel 1,195.80
7242 Commissioner of Taxation 741.00
7243 Pera 604.58
7244 Social Security -Retirement Division 445.32
$ 11,929.79
232
The Council of the City of Medina met in regular session on Tuesday, July 5, 1983 at
7:30 P.M.
Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, Thomas Crosby, William
Reiser, Anne Heideman; Clerk -Treasurer, Donna Roehl; Police Chief, Michael
Sankey; Public Works Director, James Dillman; Planning and Zoning Administ-
rator, JoEllen Hurr; Attorney, Richard Schieffer; Engineers, Glen Cook, Paul
Pearson
1. ADDITIONAL AGENDA ITEMS
Council agreed to discuss the following additional items;
Appointment of Barb Rowan to West Hennepin Human Services Board
Swimming Pool setback regulations
Hamel sewer line repair
2. MINUTES OF JUNE 21, 1983
Thomas Crosby offered the following amendments to Item 5, Page 227:
JoEllen Hurr stated that this plan would require staging of development and that per-
haps in two or three years the city could reevaluate the formula. Also someone, not intend-
ing to develop at this time, could allocate his units to someone else.
She stated that the numbers used are calculated with infiltration eliminated.
Those citizens who have paid for a unit will be entitled to a unit under any plan.
Joe Holasek stated that if the work had been done properly in 1968 there would be no problem
now, as the plant had beeen sized to take care of the entire sewer district.
Art Huar asked if he would be able to sell his vacant lot as he had paid for sewer.
Thomas Crosby stated that if the formula were used it might be,la benefit in asking for units
early because in years hence availability may not be there, to factors not forseen at
this time including the inability to solve, completely, the infiltration problems.
Mrs. Hurr stated that everyone requesting and receiving a number of units should be committed
to construct that number in a specified period of time.
Alan Fero asked if the system had reached capacity.
Thomas Anderson stated that it had.
Mr. Fero asked why the city was then talking about adding units.
Mr. Anderson stated that the reason for the meeting was to inform residents of a problem
with infiltration and sump pumps that are being used, and that the city was looking to
borrowing funds to clear up the infiltration.
He also suggested that the Planning Commission review the zoning code and address high
water use industries and commercial business.
Thomas Crosby stated that he had some questions regarding the formula and whether or not
it had been used elsewhere.
Discussion of deleting cemetary acreage and other non buildable areas.
Motion by Heideman, seconded by Scherer to approve the concept for granting sewer connect-
ions to the Hamel Sewer System, subject to the formula being reworked.
Motion declared carried
Motion by Heideman, seconded by Scherer to approve minutes of June 21, 1983, as amended.
Motion declared carried
3. POLICE DEPARTMENT
Residence at 2835 Ardmore Ave.
Michael Sankey reported that a cleanup of the house at 2835 Ardmore Ave. was being done
and rubbish was being hauled to a landfill.
Donna Roehl reported that the owners were working with Hennepin County to have necessary
structural repairs completed.
4. PUBLIC WORKS DEPARTMENT
Hunter Dr.
Thomas Anderson explained that he had asked Jim Dillman to determine the cost of install-
ing road fabric on Hunter Dr., north of Medina Rd., from where the project stopped in 1982
as far as the blacktop.
Jim Dillman stated that the estimate for the project would be $31,000.
Thomas Anderson stated that there is $11,000 in the road contingency fund and a surplus in
the 1982 budget, along with the $12,000 budgeted in 1983 for road fabric.
Motion by Scherer, seconded by crosby to approve the project including $11,000 from 233
Contingency and $8,000 from 1982 surplus revenue.
Motion declared carried
Ostlund Grinder Pump
Paul Pearson stated that the sewer lift pump on Walnut St. is in working order and that
he had been told by Arnold Ostlund, homeowner at4525 Walnut, who would be using the pump,
that it was satisfactory.
Motion by Scherer, seconded by Crosby to pay F.F. Jedlicki $2055.50 and to accept the
grinder pump installed at 4525 Walnut St.
Motion declared carried
Hamel Well # 3
Engineer explained that the following bids were taken at 10:00 A.M. on June 30, 1983 for
pump and water main connection:
A and K Construction, Inc.----$37,552.00
Berghorst Plumbing & Heating--$57,915.00
He stated that A and K is a reputable company and that their estimate had been $39,500.
Donna Roehl asked if heaters should be gas rather than electric because building does have
a gas heater and because gas is cheaper than electricity.
Donna Roehl also reported thata contractor who had not bid had stated that there might be
some problems with wet soils beneath the building.
Engineer explained that would be the contractors responsibility and any such problem would
be covered by his bid.
Motion by Scherer, seconded by Crosby to award the bid for pump and connections to A and K
Construction, Inc. for $37,552.00, without alternates.
Motion declared carried
Medina Morningside Sewer Construction
Paul Pearson reviewed letter regarding dollar amount of project remaining, noting that
there is sufficient money available to pay the amount that will be due to orono even though
it was overlooked when the project was assessed.
Motion by Crosby, seconded by reiser to pay the City of Orono, the amount owed, when billed.
Motion declared carried
Hamel Sewer Interceptor
Thomas Anderson stated that the letter would be signed and sent to Metro Waste Control
regarding their assisting with repairs to the Hamel sewer line at the same time that the
Interceptor is installed.
He asked if Councilmembers had a problem with it.
Demeules Engineering Bills
Paul Pearson stated that the McCombs -Knutson bills should not be paid at this time, but a
record should be kept so as to be reimbursed later by the developer.
Thomas Crosby asked if the bills should be McCombs -Knutson responsibility because of liti-
gation.Richard Schieffer stated that McCombs would act on behalf of Medina in Court and
on their own behalf.
Council asked that Richard Schieffer contact the insurance company attorney to determine
status of the case .
Council also noted that McCombs -Knutson is not requesting payment of bills, at this time.
William Hermanson, 2695 Bobolink Dr., Water Bill
Donna Roehl explained that First Federal Savings and Loan would like the Council to hear
their request not to hold them responsible for outstanding water bill accumulated by Wm.
Hermanson.
She stated that they had, had the property returned to them and that they believed the bill
should be Mr. Hermanson's responsibility, even though they had been told the ordinance allows
for certification of unpaid bills on taxes.
Motion by Scherer, seconded by Crosby to authorize the preparation of a resolution certifying
$228.12 for Special Assessments for 1984 taxes.
Motion declared carried
-I, 5.._PLANNING AND ZONING DEPARTMENT
Bruce Neumann, Conditional Use Permit
JoE11en Hurr reviewed status of the Neumann Conditional Use Permit, stating that the
fence is in place, as noted on drawing; cars parked belong to renters and Mr. Neumann;
driveway has rock in the specified area and yard has been cleaned up.
She recommended that only 161/2 ft. of Right -of -Way be required because other homes on
Brockton Lane have houses to close to the road to ever grant a wider easement in those
areas.
Thomas Anderson stated that he was concerned that the property may again become cluttered
and that it should then have the entire area fenced.
Richard Schieffer stated that any concerns could be written into the Conditional Use
Permit.
Anne Heideman stated that she would agree with the 162 ft. right-of-way and that the
red -rock area noted on the plans should be reviewed in two years.
Motion by Scherer, seconded by Heideman to amend the Conditional use Permit to include
fencing of area as noted on plan, if area is allowed to deteriorate with red -rocked area
to be reviewed in three years and with dedication of a 162 ft. right-of-way on Brockton
Lane.
Motion declared carried
Waymouth Farms
JoEllen Hurr stated that Jerry Knight has considered the possibility of needing a larger
parcel for his operation and she suggested that he be allowed to proceed with staff app-
roval of a new site if it is within the immediate area and if Council approves of his
existing plans.
She then reviewed plans and Planning Commission recommendations for construction of a
food processing warehouse on Lot 1, Grier Industrial Park. She stated that he processes
and packs nuts and fruit snacks for distribution to retail stores.
She stated that the Planning Commission had suggested a number of conditions for approval.
Thomas Anderson suggested asking the Hamel Fire Chief about the proposed height of the
smoke stack. He also asked about the parking area shown on the plans.
Ms. Hurr stated that the parking shown on the plan is based on the size of the building
and that he could not be required to have more. She added that the Planning Commission
has recommended no On -street parking.
Mr. Knight stated that the building would be sprinkled and that he would work with the
Fire Marshall so as to comply with the stack requirement.
He explained that soil tests have proven not to favorable and that they can meet the
setback requirements because they do not want an easement from the Soo Line Railroad
due to the number of restrictions the railroad would place on the use of the easement.
He asked that action on the project be tabled until he has made a final decision as to
the site.
Motion by Heideman, seconded by Scherer to table action on the Waymouth Farms project at
the applicants request.
Motion declared carried
Wayne Neddermeyer, Subdivision
JoEllen Hurr reviewed memo and Planning Commission recommendations to allow the subdiv-
ision of property located at 1272 Homestead into two parcels. She stated that the Plan-
ning Commission took no action to require that the septic systems of both houses be in-
spected before allowing the division.
She recommended that the Council require inspection of the systems.
Wayne Neddermeyer stated that he objected to testing the system of the vacant house be-
casue no one knows if a new owner might want to redo the system.
Discussion of the variances that were needed if the subdivision were approved; that is,
setback for existing garage and acreage variance.
Motion by Crosby, seconded by Heideman to approve the subdivision of the Nedermeyer
property at 1272 Homestead Tr. into two lots; one lot to be 2.+ acres and the other
to be at least 1 acre in size, with the lot line to be redrawn to allow the ditch to
be the boundary. Also the city to reserve the right to check the septic system operation
after a new owner occupies the house with the new owner to rebuild the system if it is
found to be substandard. Two variances are granted; one for substandard lot size because
there are two existing houses and one for a garage setback from the sideyard lot line so
as to retain the ditch as the property line.
Motion declared carried
........................... .
Holy Name Church
Father Arnold Weber requested that the City Council reconsider an earlier requirement
driveway of parking lot to either allow entirely onto Co. Rd. 24 or entrance from Brockton
Lane and exit from Co. Rd. 24.
Thomas Crosby asked why the church had reversed its agreement when originally they had
agreed to the Brockton Lane driveway.
Fr. Arnold explained that Greentree West residents were not satisfied with the earlier
decision and had approached him; and as a result a traffic survey had been done.
Michael Sankey stated that the traffic survey was not a good one, that it should include
much more information and that the data submitted was what the client wanted to hear.
Dave Goodrie, representing Greentree West Homeowners Ass'n. defended the credibility of
the traffic study done by BArton-Ashman Associates, stating that they are one of the largest
traffic engineers in the U.S. and the Vice President, who did the study, has had 25 years of
experience in the field.
He explained that the Hennepin County Attorney has stated that they have the right to use
Co. Rd. 24 based on the County Commissioners decision which overruled the Hennepin County
engineers policy regarding not allowing driveways onto County roads if secondary roads are
available.
Thomas Crosby stated that the request is one of Plymouth residents only, with no request
from the city of Plymouth; also he would accept the credibility of the Barton -Ashman firm
although the survey was very sketchy.
He stated that he would research the County policy and why the County Board of Commissioners
would act contrary to county engineering policies.
Glen Cook stated that the report lists no specific reasons for recommendations and because
there is nothing_specific to the contrary he could see no reason to change city opinion.
Thomas Crosby explained that the issue is public safety and it is Council's job to deter-
mine if reasons behind policy dictate requirements.
Fr. Arnold asked if a variance could be gotten to use the exit for the parish festival on
July 17th.
Anne Heideman stated that she did not want the Co. Rd. 24 exit upgraded.
Motion by Reiser, seconded by Heideman to authorize use of the facility on July 17th pro-
vided that the building meets building code requirements but that traffic must access onto
Brockton Lane.
Motion declared carried
Hamel Sewer Pond Road
JoEllen Hurr reviewed conditions listed in letter from Bernard Harrington regarding their
vacating the Hamel sewer pond road. A number of conditions for vacating were listed which
Ms. Hurr stated should be included in an agreement with the developer so as to guarantee
road improvement completion.
Nunn -Radtke, Conditional Use Permit
JoEllen Hurr reported that one-fourth of the existing manure had been removed from the prop-
erty at 2825 Willow Dr. and that she had told former owner Debbie Kemp, who had posted the
bond, that she would be willing to reduce the bond to $6500 or to take a Cashier's Check for
$6500, which she was not willing to do, as of June 29th.
Larry Berg, Attorney representing the owners, stated that there had been some misunderstand-
ing as to what needed to be done beacuase the PCA did not think this was a priority situation
and could not tell them what needed to be done and because the weather had not been favorable.
He asked that they be given another opportunity to comply.
Thomas Crosby stated that the Council had been told at one meeting that the work would be
going ahead when the hauler returned from a vacation.
Mr. Berg stated that they would haul out manure until the city reasonably thinks the project
complies.
Lance Beaulieu asked if there is any proof that manure is causing problems.
Discussion of the amount of manure that has accumulated and the amount that was estimated
to be removed.
Wm. Nunn stated that he was not cognizant of the amount of cubic yards that was supposed to
be hauled out.
Mrs. Hurt stated that the amount of the bond was based on the estimated cost to remove the
amount otmanure a was estimated to be on the property.
23(i,obert Scott compared the problem with that of Woodlake Landfill which continues to
operate illegally and asked that the Council be as firm with Woodlake as they are being
with Mr. Nunn.
Wilfred Scherer asked what, other than manure, might be under the pile.
Bob Barbarossa stated that there are a lot of people more qualified than the PCA to give
an opinion as to what is needed.
Mr. Berg asked that they be given some time, because of circumstances and weather, to re-
move the manure.
Motion by Crosby, seconded by Heideman to table proceeding on the Kemp bond until the
July 19th City Council meeting.
Motion declared carried
6. SWIMMING POOL ORDINANCE
George Cleveland
JoEllen Hurr explained that the ordinance does not allow swimming pools to be constructed
in a front yard and that if the Cleveland's are to be issued a permit to install a pool
it will need to be constructed along the side and front of their house because of large
trees in the back yard. She suggested amending the ordinance to allow swimming pools in
a front yard and with the same setbacks as buildings.
Motion by Crosby, seconded by Heideman to amend the swimming pool ordinance to allow pools
in front yards that meet setback requirements equal to those of buildings.
Motion declared carried
Swimming Pool Permit Fees
Donna Roehl asked if the permit fee schedule could be changed to coincide with the State
Building Code schedule. She stated that Building Inspector, Loren Kohnen, had made the
request because those installing small pools were paying the same fee as those installing
very expensive pools. She stated that he did not want the charge for plan review included
in the fee.
Motion by Heideman, seconded by Reiser to change the permit fee for swimming pools to
coincide with the State Building Code schedule, exclusive of the Plan Review fee.
Motion declared carried
7. HOLY NAME CHURCH LICENSE
Motion by Reiser, seconded by Scherer to grant a Non -Intoxicating Malt Liquor license to
Holy Name Church for Sunday, July 17, 1983.
Motion declared carried
8. WEST HENNEPIN HUMAN SERVICES
Motion by Heideman, seconded by Schererto appoint Barbara Rowan to the West Hennepin
Human Services Planning Board.
Motion declared carried
Motion by Crosby, seconded by Heideman to enter into contract with West Hennepin Human
Services Planning Board for 1983 services for a fee of $110.00.
Motion declared carried
9. LEAGUE OF MINNESOTA CITIES
Motion by Crosby, seconded by Heideman to pay membership dues in the League of Minnesota
Cities organization for a fee of $1010.00.
Motion declared carried
10. HUNTER FARMS PARK
Discussion of the landscaping plan done for Hunter Farms Park by Midland Nursery.
Anne Heideman stated that she would have Midland Nursery redo their plan and ask Dundee
Nursery to present a plan.
10. GAMBLING ORDINANCE # 208
Motion by Crosby, seconded1by Heideman to accept summary of the Gambling Ordinance as
repparebdeby the City. erk and to authorize publication in the Official Newspaper.
237
11. BILLS
Motion by Heideman, seconded by Crosby to pay the bills; Order Checks # 2164-2224 in
the amount of $93,797.62 and Payroll Checks # 7222-7244 in the amount of $11,929.79.
Motion declared carried
12. ENGINEERS
Discussion of work being done in the city
responsible for which projects.
Motion by Crosby, seconded by Heideman to
Morningside project and any other work at
troo and Associates to be given all other
Motion declared carried
and whic engineering consultant should be
limit work of McCombs -Knutson to the Medina
the discretion of the City Council with Bones -
engineering work.
Motion by Heideman, seconded by Scherer to adjourn.
Motion declared carried
Meeting adjourned at 10:45 P.M.
Clerk -Treasurer
July 5, 1983