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HomeMy Public PortalAbout09/16/80 CCMPAYROLL SEPTEMBER 16, 1980 Charles Hoover # 5883 Robert Anderson 5884 Jerome LaFond 5885 MichPel Rouillard 5886 James Dillman 5887 Robert Dres^el 5888 Ronald Duran 5889 Steve Scherer 5890 State of Minn.Soc.Sec. 5891 Penny Elsenpeter 5892 Anne Heideman 5893 Marilyn Adams 5894 Bernice Sipe 5895 Diane Whitehead 5896 Norma Franklin 5897 Laura Miller 5898 Gladyce Reimer 5899 Sylvia Rudolph 5900 Sue Wilson 5901 ORDER CHECKS 660.55 414.31 578.51 534.97 446.47 483.34 542.89 140.20 127.20 8.75 3.50 26.25 63.0o 45.50 52.50 52.50 52.50 52.5o 52.50 4,337.94 State of Minn. Soc. Sec.9039 127.20 \\*\),-,2\ The Council of the City of Medina met in regular session at 7:30 P.M. Present: Mayor, Thomas Anderson; Councilmembers, Sarah Reiser, Nancy Laurent; Clerk -Treasurer, Donna Ron Duran; Planning and Zoning Administrator, Hansing; Attorney, Richard Schieffer on Tuesday, September 16, 1980 Lutz, Thomas Crosby, William Roehl; Public Works Director, JoEllen Hurr; Engineer Dave Members agreed to discuss the following additional items: League of Minnesota Cities Building Loretto sewage into Spurzem Creek Letter thanking Penny Elsenpeter for her work on the Park Commission Action on Medina Morningside sewer grant 1. MINUTES OF SEPTEMBER 2, 1980 Thomas Crosby asked if item 4, Page 92 should have included approval to use buildings for boat storage. Action on minutes was deferred until North Star Marina item was discussed under Planning and Zoning Department items. 2. PUBLIC WORKS DEPARTMENT Charles Pangier Richard Schieffer explained that records indicate that in 1975 when sewer assessments were levied Mrs. Pangier informed the engineers office via telephone that they should combine their 5 lots into 2 parcels, for assessment purposes. In March of 1977 Mr. Pangier asked that the 5 lots be divided into 3 parcels, for building purposes, and in 1980 the assess- ments were corrected so as to indicate 3 full units of assessments. Mr. Pangier is now asking for reimbursement of his expenses of approximately $965.00 to construct a stub from the city lines in the street to his property line. Donna Roehl reported that the contractor who had done the work had not secured a city permit to do the work nor was he licensed and bonded in Medina. Ron Duran did not know whether or not the work had been inspected before the street was replaced. Thomas Crosby expressed concern that the street may not have been restored correctly and whether the connection to city sewer and water lines had been done correctly. Thomas Anderson stated that a credit based on engineers recommendations should be considered and if necessary, the street be opened, the connection inspected and the street replaced and compacted. Motion by Laurent, seconded by Crosby to table the item until a determination has been made as to whether or not the street needed to be opened up for an inspection and until a recommendation is made by the City Engineer as to the amount to be reimbursed for the sewer and water connection. Motion declared carried Wichita Trail George iayeux, 4605 Wichita Tr., explained the flooding problems that have existed since 1978 when Wichita Tr. was paved. He asked that some action be taken to correct the prob- lem in view of the fact that there is $2000 remaining in the cash escrow account. Dave Hansing reported that he had looked at the street and offered suggestions as to how the problem could be corrected. Thomas Crosby stated that until the city accepts the street it is the developers problem. He also asked if the palns that had been approved prior to construction must be adhered to or if changes could be made. Thomas Anderson reported that he had just received a request from the developer that the city approve the street and release the cash escrow. The matter was tabled until October 7th to allow the engineer time to recheck the street and advise. 3. HAMEL SIDEWALKS, PUBLIC HEARING 8:25 P.M. Thomas Anderson explained the purpose of the hearing was to discuss the possibility of reallocating a portion of the Year VI, Community Development Block Grant Funds to assist those who would qualify, with payment of special assessments in connection with repairing r( or replacing those sidewalks on Hamel Rd. that may need to be redone. Donna Roehl explained that there are income guidelines being used in Hennepin County for such grants and that Council should not make a final decision on the matter until the Cit- izens Advisory Committee for the area can hear the request and offer comments. Clifford Fortin, 195 Hamel Rd. asked why the City would want to use funds for a project that is not needed when the Hamel water system needs to be improved. Thomas Anderson explained that the Rehab funds cannot be used for such a project,only to assist homeowners in some form or another. Motion by Crosby, seconded by Laurent to close the Public Hearing. Motion declared carried Public Hearing closed at 8:35 P.M. Richard Schieffer explained that if Council wished to proceed with the project the next step would be to order the plans and specifications. Motion by Crosby, seconded by Laurent to table the matter until the October 7th meeting. Motion declared carried 4. WEST HENNEPIN HUMAN SERVICES Gloria Swanson, member of the Human Service Board, appeared to explain what the organization offers to residents and homeowners of the area. She stated that they have located family counseling and mental health facilities in the suburban area, as well as a fuel assistance center which provides for -services so that those who need assistance do not need to travel to Minneapolis. She stated .that. Medina is being asked to pay $94.00 as their portion of the program, with the majority of funding coming from Hennepin County. She also advised that 2 representatives would need to be appointed from Medina. Thomas Crosby asked that statistics be provided for Medina and that if the residents are using the services then the city should support the program. 5. WATER SUPPLY COMPANY Discussion of the financial report provided to the Council by the Water Supply Co. Figures indicate a $10,143 profit for 1979 based on $1.65 per 1000 gallons. of water. sold. Mr. Haugen stated that they would use the profits to retire some of the debt owed to the investors. Thomas Crosby stated that a meeting should be held before the October 7th Council meeting to discussthe possibility of purchasing the system or how the owners intend to spend add- itional monies they would receive if an increase in rates was approved. Doug Sorenson, 2645 Morningside Rd. asked that the city make an attempt to purchase the system as he thinks the city could operate more economically than the present owners. Al Gongaware, 2705 Bobolink Dr. stated that if the system is not purchased by the city someone should make certain the hydrants are reliable. 6. DON MAYER Mr. Mayer discussed with Council the length of time it takes before a project can be approved for construction. JoEllen Harr explained that time is required to put notices in the official papers and that a review by the engineer and herself must be done before taking to the Planning Commission. Mr. Mayer asked that Council also look at his plans for remodeling his building on Hwy. 55. Council agreed to discuss after other planning items had been handled. 7. DOCKSIDE Discussion of the concerns expressed by the Planning Commission in their recommendation to deny the rezoning of the property for multiple dwellings according to plans provided. Richard Schieffer explained that an ordinance should be developed to cover covenants which would then be adopted at time of final plat approval. John Spaeth stated that if covenants are adopted by the city a homeowners association can- not change any of the requirements without council approval. JoEllen Harr stated that. subdividing and rezoning should be done at the same time. Mr. Spaeth stated that he had no objection to limiting rezoning to the plans as provided. Tom Anderson asked what would be done if the footage as shown on plans is not there. Mr. Spaeth stated that the building lines would then be adjusted. Several residents expressed the opinion that what is planned does not conform to city planning. - Dean Bailey, 3121 Lakeshore Ave., presented a petition signed by residents of the area citing opposistion to rezoning the property. Motion by Reiser, seconded by Crosby to accept the petition.* Motion declared carried Thomas Crosby stated that main concerns are density, visual impact from the lakeshore and fencing. He asked attorney if variances were given here would they impact the remainder of Inde, ndence Beach and other areas of Medina, Richard Schieffer stated that the Council should make a decision on the proper use of the land based on a study and recommendation by city staff or a hired planner. He stated that there are not enough facts to substantiate a decision to rezone or not to rezone if the matter were taken to court. Motion by Crosby, seconded by Lutz to request that JoEllen Hurr determine how other comm- unities approach this type of a situation and then authorize the Mayor to hire a Planner or some other qualified person to supply background material on the rezoning question.' Motion declared carried Mayor Anderson stated that he would want the matter resolved at the October 7th meeting. 8. PLANNING AND ZONING DEPARTMENT Leonard Schlosser Division JoEllen Hurr reviewed the Planning Commissions recommendation to approve the subdivision. Motion by Laurent, Seconded by Reiser to authorize the preparation of a resolution approv- ing the Leonard Schlosser subdivision upon payment of administration fees and a park ded- ication fee of $1350.00. • Motion declared carried Eike Bitterman Division JoEllen Hurr explained Mr. Bitterman's subdivision and approval recommendation of the Plann- ing Commission. Discussion of Ron Duran's request that Mr. Bitterman'provide an access from Cherokee Rd. and abandon the driveway that now exists parellel to Cherokee Rd. Mr. Bitterman stated that he would not want to use Cherokee Rd. if he would have to share the cost of paving. Thomas Crosby stated that Council had concluded that paving costs are the responsibility of the developer who woes the property to the north. Motion by Crosby, seconded by Reiser to authorize the preparation of a resolution approv ing the Mike Bitterman subdivision of 2 lots with the understmding that Cherokee Rd. is to be paved at. the expense of S.J. Groves and that Mr. Bitteman secure right-of-way to any roads they may not have, and that administration and park dedication fees be paid. Motion declared carried Harold Pederson Division JoEllen Hurr reviewed the Planning Commission recomendation approving the subdivision with the payment of a park dedication fee rather than dediation of a 2 acre parcel for Park purposes. Mr. Pederson asked why he would need to pay the fee at this time when he has 1 or 2 years remaining on the land altering. Thomas Crosby reminded Mr. Pederson that if he divided the property now the taxes would increase and perhaps he should wait for final approval until he is ready to sell his land. Mr. Pederson stated that he would consider the suggestion that he request an extension of time. Edward Carter JoEllen Hurr reviewed the Planning Commission recommendation to grant a variance to Ed- ward Carter to construct a barn at 3180 Carriage Dr. in'Hunter Farms.' Members discussed the hardship involved; that of the lot being long and narrow and that a 75 ft. variance would be needed on the south line. Thomas Crosby stated that the city had problems with the 500 ft. requirement under the old ordinance and are now being asked to grant a variance from the 150 ft. requirement. If approved in this instance will be asked to do so again thus weakening the `ordinance. Motion by Reiser, seconded by Lutz to deny the variance as it would nullify an ordinance that has just been adopted. Motion declared carried North Star Marina JoEllen Hurr presented a copy of an agreement between North Star Marina and Bruce Dayton stipulating that North Star may use buildings at 1602 Homestead Tr. for boat storage until July, 1981, with a renewal to be renegotiated at that time. Thomas Anderson stated that he would have no problem with their use of the buildings until 1987. Richard Schieffer asked that Council consider any long range concerns they might have for use of the property for such purposes. Motion by Reiser, seconded by Laurent to grant permission to Bruce Dayton, upon his purchase of the property, to use buildings at 1602 Homestead Tr. for boat storage until September 5, 1987. Motion declared carried Don Mayer Mr. Mayer presented plans to remodel the inside of his existing building at 762 Hwy. 55. He also drew on the plans an addition of 10° x 17' to the rear of the building. Thomas Anderson explained that when making exterior changes to a building the procedures as outlined in the ordinance must be followed; that is compliance with setbacks, parking, etc. JoEllen Burr explained the procedures include notification of neighbors, publication of legal notices, reviewal by staff and presentation to Planning Commission before City Council. Thomas Anderson asked that Mr. Mayer comply with parking lot regulations prior to 'issuance of a building permit. Mr. Mayer stated that he would decide whether he wanted to proceed with remodeling of the inside of the existing building or go through appropriate channels to place the addition onto the building. JoEllen Harr asked that he present plans before the end of the week if he wished to add to the structure. 9. MINNEGASCO Allen Elsenpeter asked if there.was anything the city could do to assist the Independence Beach homeowners to secure gas service, in that the lines need to be extended on Co. Rd. 19 past Hennepin County park property and the Park Reserve District is not interested in having gas service. Council suggested that residents talk with Minnegasco and Loretto and perhaps it would be advantageous for Minnegasco to install lines at their own expense. 10. MINNESOTA STATE BUILDING CODE Council discussed the prepared ordinance adopting the current years State Building Code. Richard Schieffer advised that the City Council be designated the Board of Appeals. Motion by Crosby, seconded by Lutz to adopt Ordinance 196 with the City Council to act as the Board of Appeals. Motion declared carried 11. ST. ANNE'S CHURCH Motion by Crosby, seconded by Lutz to grant a non -intoxicating malt liquor license to Father Ardolph and St. Anne's Church for Sunday, September 28, 1980, from noon until 5:00 P.M., at no cost. Motion declared carried 12. BILLS Motion by Crosby, seconded by Reiser to pay the bills; Payroll Checks ##5883-5901 in the amount of $4337.94 and Order Check #9039 in the amount of $127.20. Motion declared carried 13. MINUTES OF SEPTEMBER 2, 1980 Motion by Lutz, seconded by Crosby to approve the minutes of September 2, 1980, as presented. Motion declared carried 14. LORETTO SEWAGE TREATMENT POND Thomas Anderson stated that input is being sought by the Pollution Control Agency in regards to a 5 year renewal of the permit for Loretto to operate its sewage treatment pond. Some concern was expressed regarding pollution of Spurzem's Creek. Motion by Anderson, seconded by Lutz to write a letter expressing the need for monitoring the system and that a yearly review be made of the project. Motion declared carried 15, M DINA MORNINGSIDE SEWER GRANT Motion by Reiser, seconded by Crosby to approve Resolution 80-25, accepting EPA Grant of $454,875 for Medina Morningside sewer installation and to authorize the Mayor to sign the necessary acceptance forms. Motion declared carried 16. INFILTRATION - INFLOW SEWAGE WORKS GRANT Motion by Crosby, seconded by Lutz to approve Resolution 80-26, accepting funds for completion of Phase I and Phase II of the Infiltration -Inflow Analysis of the Hamel Sewer System. Motion declared carried 17. PENNY ELSENPETER Motion by Lutz, seconded by Laurent to send a letter of appreciation to Penny Elsenpeter for the work she has done as Chairman of the Park Commission.. Motion declared carried Motion by Reiser, seconded by Lutz to adjourn. . Motion declared carried Meeting adjourned at 12:30 A.M. Clerk September 16, 1980