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Home My Public Portal About07/17/79 CCM226 PAYROLL CHECKS JULY 17, 1979 5415 Charles Hoover $581.20 5416 Jerome LaFond 504.26 5417 Michael Rouillard 472.50 5418 James Dillman 397.38 5419 Robert Dressel 416.18 5420 Ronald Duran 473.92 5421 Steve Scherer 60.00 5422 Douglas Stumpf 38.75 5423 Robert Derus 217.78 The Council of the City of Medina met in regular session on Tuesday, July 17, 1979 at 9,27 7:30 P.M. Members present: Mayor, Thomas Anderson; Councilmembers, Nancy Laurent, Thomas Crosby, William Reiser; Clerk -Treasurer, Donna xoehl; planning and Zoning Administrator, Robert Derus; public Works Director, Ron Duran; police Chief, Chnrles Hoover; Attorney,Richard Schieffer; Assessor, William Dredge; Engineer, Alvin Schendel Members absent: Councilmember, Sarah Lutz 1. Minutes of July 3, 1979 Nancy Laurent requested the following addition I were the person using the lot I would prefer not see a hardship.” Motion by Reiser, seconded by Laurent to accept Motion declared carried to Item 7, Page 224, Second Paragraph: 'cif to locate as Nr. Dykhoff did., but I could minutes of July 17, 1979, as corrected. 2. POLICE DEPARTMENT Mayor Anderson called the attention of the Police Department to the fact that there continues to be a motor -bike problem in the Hamel area. 3. PUBLIC WORKS DEPARTMENT Seal Coating Ron Duran asked about the possibility of using money remisning in the Independence Beach Construction Fund to seal -coat the streets in that area and to use the funds available from Co -State Aid elsewhere in the city. Richard Schieffer stated that he would contaot Curt Pearson, bonding attorney, as to whether or not seal -coating is considered maintenance and perhaps any remaining funds could not be used for that purpose. He also briefed Council on the James Kangas special assessment appeal which if awarded to Mr. Kangas could possibly be taken from the construction fund rather than reassessing the entire Independence Beach area. Darreld Schliinz Clerk was asked to reply to Mr. Schliine letter by informing him that the city has no juris- diction over private lawn care; the fact that road sides will be seeded by the city; and inform the`Schliinz's that advice was given homeowners in 1978 as to control of the sewer odor. 4. SALARY REVIEW As decided earlier in the year council reviewed salaries with reference to the 7% guidelines. Thomas Crosby stated that he felt that the 7% limit had deteriorated but that the 19% plus 2% longevity given to employees may have been suffieent. Employees were advised to present information as to whether or not other cities had increased salaries during the year beyond the 7J limit. Mayor Anderson stated that when salaries are set for 1980 he would want to know how much the 7f guidelines had increased, if any. Matter was tabled until August 7th. 5. ASSESSING Assessor William Dredge submitted his resignation as Medina's assessor as of July 17th at the verbal request of Don Monk of Hennepin County and because it is to difficult to work with the computer and there is work remaining to be done. A note from Don Monk indicates that the county will co=vplete the necessary work for a fee of $550.00. Mr. Dredge indicated that he would be willing to brief a new man on what he had completed for the 1981 assessment. Motion by Reiser, seconded by Crosby to accept the resignation of William Dredge, effective July 17, 1979. Motion declared carried 228 Mr. Dredge recommended the hiring of Rolf Erickson who had submitted a proposal to the Council. Motion by Crosby, seconded by Laurent to authorize the Hennepin County Assessing Department to complete the Medina assessment for a fee of $550.00. Motion declared carried Motion by Crosby, seconded by Reiser to thank Mr. Dredge for his work the past months realizing the added burden due to the new property ID numbering system and the changes necessary due to new state laws. Motion declared carried Motion by Crosby, seconded by Laurent to hire Rolf Erickson as Medina's assessor effective September 1, 1979, at a pay rate of $600.00 per month through November 30, 1979; then $750. per month through July 1, 1980. Motion declared carried Council decided that a cancellation clause would not be necessary in a contract with Mr. Erickson. 6. ROBERT SCOTT, KENNELS Robert Derus presented a site plan and approval signatures of property owners adjacent to the Scott's for renewal of a kennel license for the Long Lake Hounds. Motion by Crosby, seconded by Reiser to issue a renewal of kennel license to Robert Scott for the Long Lake Hounds for 5 years according to Ordinance #162 and upon receipt of fee of $20.00. Motion declared carried 7. MARK PETERSON, CABOOSE This item was placed on the agenda at the request of Mr. Peterson who wished to deal with the verbal permission he had been given to put a caboose on his property on Co. Rd. 24, which he felt had not been discussed thoroughly at the January 16, 1979 meeting. Richard Schieffer recommended against reopening discussion of the application as Council had made a decision, in January, based on city ordinances in effect at that time. Jerome Rice, Attorney for Mr. Peterson, read a statement received from police Officer, Jerome LaPond, regarding the verbal permission he had received from Medina Planning and Zoning Administrator, Jeanne Mabusth. Attorney Schieffer explained that the city could not be bound by a statement made by an employee and adding something to the record at this time would " muddy the waters." Attornny Rice stated that they will be seeking a temporary restraining order to prevent the city from forcing Mr. Peterson to remove the coaboose from the property. Mark Peterson stated that there were issues to consider---- 1. Did they have permission to put the caboose on the property, and 2. Did they have permission to allow it to remain. Mr. Rice explained that Mr. Peterson will apply for a building permit for an accessory building that looks like a caboose; that will meet state building codes. Thomas Crosby asked what the city does now. Richard Schieffer explained that the city would be seeking a temporary restraining order also. Motion by Laurent, seconded by Crosby to leave the matter as it is and do not reconsider. Motion declared carried 8. DOSCH LAND DIVISION Robert Derus presented a land division application from Clarence and L vita Dosch to divide 15 acres into 2 building sites; a 5.23 acre and a 9.77 acre site. Be stated that he has the soils reports, both have good soils and are buildable. Motion by Laurent, seconded by Reiser to approve the land division of Clarence Dosch. Motion declared carried 9. TOWER DR., PINTO DR., HAMEL RD., IMPROVEMENTS29 Motion by Reiser, seconded by Crosby to adopt Resolution 79-36 ordering plans and spec ifications on the Tower Dr., Pinto Dr., Hamel Rd., imrpovement project. Motion declared carried Motion by Crosby, seconded by Laurent to adopt Resolution 79-37, ordering plans and specif- ications and bids on the Burdick property; project to be included in the previous project. Motion declared carried 10. HERB BEATTY ( LYNCH VARIANCE) Robert Derus explained that it had been determined that a mound septic system could be con- stracted and would work on Lot 1, Block 1, Paradise Haven. Thomas Crosby asked how many other such lots there were in the city and what the adoption of a new ordinance would do. Robert Derus explained that he did not believe there were very many more such lots. Attorney Sohieffer explained that a new ordinance brings a new start and grant a variance under present ordinances will not prejudice future decisions on subsequent ordinances. Motion by Reiser, seconded by Laurent to grant a variance for a mound septic system to be constructed on Lot 1, Block 1, Paradise Haven; hardship being that property, which is lot of record, cannot be utilized as a homestead. Motion declared carried 11. VERN ISHAM (IMAM PROPERTIES) Robert Denis presented completed plans of Vern Isham to divide property located at 640 Hamel Rd. into a 1.8 acre and a 3.2 acre site under Ordinance 159. Site plans for the construction of a building on the 1.8 acre site were also discussed. Motion by Laurent, seconded by Crosby to authorize the attorney to prepare a resolution to allow division of the Isham property into 1.8 and . 3.2 acre sites. Motion declared oarried. Motion by Laurent, seconded by Reiser to approve site plans of Vern Isham to allow construct- ion of a building on the 1.8 acre site, according to plans submitted under the following con- ditions: a. City engineer to approve drainage, paving, parking and landscaping plans. b. Bond amount to be $48,500 c. ]Developer to pay all administrative and engineering fees d. Developer to pay any sewer and water connection charges e. Elm Creek watershed district to approve site plans f. Site work to be completed by june 1, 1980 g. Shoreline Trailers bond to be released upon receipt of developer's bond. Also to authorize the city attorney to prepare a Development Contract. Motion declared carried 12. STEVE MUTH, ROADWAY AGREEMENT Mr. Muth explained that according to the roadway agreement he has with the city only 2 houses will be allowed on his private drive and he and the purchaser of a portion of his property will be applying for those 2 building permits. Under the terms of the present agreement Ralph Eckes who wishes to also build on the road would not be able to secure a building permit. He asked for clarification of the motion of ,7une 19, 1979 regarding allowing 4 homes on a private drive and whether his contract with the city would need to be amended. Council members had no problem with the 4 homes on a driveway but needed clarification of the specifications. Motion by Crosby, seconded by Taurent to instruct the attorney to prepare a matmtenance agreement and an easement agreement to implement the private roadway policy adopted at the June 19th meeting and to direct the city engineer and the polio works director to furnish specifications on the building of a private road. Motion declared carried 9() 13. MIDLAND NURSERY Robert Derus reported that the work on the Midland Nursery site at 2425 Hwy• 55 had not been carried cut according to plans submitted and approved by the city. Location of the driveway parking lot and the septic system had been changed. Motion by Crosby, seconded by Reiser to approve revised site plans of Midland Nursery, dated June 12, 1979 Motion declared carried 14. DEAN BAILEY, VARIANCE Robert Demo presented an application for a front and side yard set back variance for Mr. Bailey to construct a garage on Lot 1, Block 8, Independence Beach. Motion by Crosby, seconded by Reiser to approve a variance to allow construction of a 27x22 ft. garage on Lot 1, Block 1, Independence Beach. Set -backs to be 7 ft. front yard, 5 ft. east side yard, 2 ft. west side yard, hardship being the pie -shaped lot. Motion declared carried 15. MATH REIMER Robert Derus explained the circumstances regardirg the investigation by the pCA, Hennepin County Environmental engineers and himself into Mr. Reimerls illegal land alteration/landfill operation. He had learned that the operation had been conducted for a number of years and apparently no investigation had evern been made by anyone. He explained that Mr. Reimer had been told to stop operating and had since applied for a land alteration permit. He felt that a penalty should be assessed according to city ordinances. • Mayor Anderson asked that the matter be tabled until additional information is secured from other agencies. 16. SWIMMING POOL ORDINANCE Council reviewed and made changes in the prepared ordinance. Motion by Reiser, seconded by Crosby to adopt Ordinance 185, regulating installation, etc. of swimming pools and authorize the city attorney to redraft with the suggested additions and chmiges. Motion declared carried 17. COMMUNITY DbvhLOPMENT BLOCS GRANT FUNDS Motion by Crosby, seconded by Reiser to adopt Resolution 79-38, reallocating $10,000 from Year v funding project 55 to the repair of the Hamel sewer system. Motion declared carried 18. BILLS Motion by Crosby, seconded by Laurent to pay the bills; payroll # 5415-5423 in the amount of $3161.97. Motion declared carried 19. WEST-HENNEPIN POLICE police Chief Hoover stated that he did not favor a merger with the West Hennepin Police Dept. He referred to a letter from the public Safety Committee asking him to work with Chief Franklin of that department and to make some suggestions as to a possible merger. William Reiser stated that he had heard that Long Lake will again work with Orono on a contract. Chief Hoover stated that he would like to work with Corcoran on a combined program. Thomas Crosby asked that Bob Franklin of the public Safety committee be invited to attend a Council meeting to discuss facts and figures their committee had prepared. 20. SEWAGE DISPOSAL ORDINANCE Robert Derus was asked to infrom planner, Chuck Riesenberg of the fact that the city does not feel responsible for paying for redrafts of the ordinance that are due to his mistakes. Motion by Crosby, seconded by Reiser to adjourn. Motion declared carried Meeting adjourned at 11:15 p,M, /f � 1W/2ft. %/C��v�� Clerk July 17, 1979 •7,1---(zr4 �Z��-�gayor