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HomeMy Public PortalAbout10/20/81 CCMPAYROU, CHECKS OCT. 20, 1981 6417 Robert Anderson 6418 Charles Hoover 6419 Michael Rouillard 6420 James Dillman 6421 Robert Dressel 6422 Ronald Duran 6423 Director of Internal Revenue 6424 Commissioner of Taxation 6425 Pera 6426 Social Security - Retirement Division 497.96 724.88 611.26 483.21 526.98 592.12 792.90 312.30 308.77 151.92 85,002.30 ORDER CHECKS - OCT. 20, 1981 9836 Sidney & Ruth Phillips -9kW -Pre =rl l42Lr VOID 9838 University of Minnesota 9839 Social Security - Retirement 9840 Pera 9841 K-L, a Co Partnership, Fred Division Keller, 50.0o 34.00 151.92 474.79 Partner 10,000.00 10,710.71 The Council of the City of Medina met in regular session on Tuesday, October 20, 1981 at 7:30 P.M. Present: Mayor Thomas Anderson; Councilmembers, Wilfred Scherer, Thomas Crosby, William Reiser, Sarah Lutz; Clerk -Treasurer, Donna Roehl; Public Works Director, Ronald Duran; Planning and Zoning Administrator, JoEllen Burr; Police Chief, Charles Hoover; Attorney, Rcihard Schieffer; Engineers, James Plocienik, Paul Pearson; 1. ADDITIONAL AGENDA ITEMS Council agreed to discuss the following additional items: Bruce Liesch, setback variance Medina Morningside sewer project Recreational equipment purchases Hamele Recreation, rental of house in commercial area Water tower painting and repair project Jerome LaFond, court time 2. MINUTES OF OCTOBER 6, 1981 Motion by Crosby, seconded by Lutz to accept minutes of October 6, 1981, as presented. Motion declared carried Minutes of September 15, 1981 Motion by Reiser, seconded by Scherer to amend resolution 81-41, adopted September 15, 1981 to include correct amount of assessment to be $33,433.44. Motion declared carried 3. POLICE DEPARTMENT Jerome LaFond Court time Donna Roehl reported that former Police Officer Jerome LaFond had driven 125 miles to appear in Wayzata Court on a case he had handled while working for Medina; he also could expect to be gone from home about 6 hours. She asked what amount the Council wished to pay him as he had turned in a bill for $20.00. Motion by Reiser, seconded by Scherer to pay Jerome LaFond $40.00 for his appearance in court. Motion declared carried 4. PUBLIC WORKS DEPARTMENT Hamel Water Tower Painting and Repair Ron Duran explained the proposal to add a device to the ladder on the Hamel water tower to deter climbing the ladder. The cost for the device would be S1545. Donna Roehl reported that the cost would have to be taken from the general water fund as there would not be enough money in the Community Development Block Grant Fund. Motion by Crosby, seconded by Lutz to authorize the purchase of a ladder climbing deterent for the Hamel water tower at a cost of .)1545. Motion declared carried Long Lake, Orono, Medina Water System Jim Plocienik of McCombs -Knutson, who had worked with Long Lake on plans for upgrading the Long Lake water system, explained that Long Lake would be erecting a water tower in Long Lake and upgrading their system irregardless of what Medina and Orono do. He stated that it would be beneficial to the system and to Medina Morningside to connect the two systems; Medina would receive added fire protection and a water supply should something happen to Medina's pumps. Thomas Anderson asked if Medina would be selling its' water to the system; if the wells in Medina Morningside would be added to the system and how would Medina be paying for the water tower. Mr. Plocienik stated that ownership of the system would need to be determined by the cities involved. Also, Orono would be benefitting more than either Long Lake or Medina. Thomas Anderson proposed that Medina enter into talks with Long Lake and Orono for a deter- mination as to the possibility of connecting the systems if no additional costs need to be charged to the Medina Morningside residents. 5 Q 5. FRED KELLER EASEMENT Richard Schieffer stated that the assessment policy for the Keller property adopted by Medina was unacceptable to Orono in that Orono thought that if Mr. Feller were assessed he would have some leverage to force Orono to allow him to sewer his property. :He reported that Orono has asked that Medina sign a hold -harmless agreement. He explained that he had discussed the matter with Mr. Keller, with Orono's Mayor and Mayor Anderson and it was agreed that Mr. Keller would convey an easement to the city for a cash payment of $10,000. Medina would then abandon the contract signed at the October 2nd meeting and cancel the assessments on the property. Motion by Crosby, seconded by Lutz to agree to the abandonment of a Development Contract with K-L, a co -partnership, and execute a purchase agreement for an easement. Motion declared carried Motion by Crosby, seconded bylkimorto adopt Resolution 81-56, abandonment of a Develop- ment Contract and cancelling assessments on the K-L property. Motion carried Voting No -Lutz 6. MEDINA MORNINGSIDE CURBING William Reiser stated that John Willegalla has requested that our, and gutter be extended to end of lot line.' Richard Schieffer stated that the Willegalla's have also been asked to sign an easement for storm sewer and that they would like some resolution of the outfall from the drainage ditch. He suggested executing an easement agreement to include an answer to the run-off question and the request for extension of curbing. Paul Pearson stated that the cost for high curbs would increase by approximately $10,000 and that a decision could be postponed until such time as the work begins so as to make a determination regarding the amount of funds available. 7. PARK COMMISSION Thomas Anderson stated that he and Anne Heideman had discussed the purchase of $12,000 worth of park equipment for $7000 and that he had polled the Councilmembers individually to determine if there was any objection to ordering the equipment. Park Commission Chairperson, Anne Heideman, stated that Hamele Recreation would also pro- vide $2700 worth of equipment during the Spring of 1982, at no cost. She stated that the reduction in cost was due to the fact that city employees would pick up the equipment at the Minneapolis Auditorium. She also reported that the Hamel Lions Club would provide a pad for the park shelter and footings for playground equipment. Motion by Lutz, seconded by Scherer to authorize expenditure of less that $7000 for park shelters and recreation equipment and confirm S2700 woth of equipment that will be provided to the city, at no cost, in the spring of 1982. Motion declared carried 8. MICHAEL AND BARBARA JEGERS Mrs. Fegers appeared to discuss a situation whereby a building permit had been issued to the former owner of their home at 2856 Ardmore Ave.,in 1971, the work was completed but apparently no inspections were made. She stated that Building Inspector, Loren Kohnen had briefly inspected the home and states that it will cost approximately, +000 to correct the existing problems. She asked if the city had any responsibility in the matter or if they could support her in any manner. Richard Schieffer explained that a city cannot be held liable to a homeowner and that Medina does not require homes to be inspected before they are sold. Thomas Crosby stated that the only recourse the Fegers would have would be included in purchase agreement language and with former owner, Dale Elijah. Thomas Anderson stated that if technical assistance were needed the cities building ins- pector could be consulted. 9. PLANNING AND ZONING DEPARTMENT Violet Erikson, Subdivision JoEllen Hurr reviewed information whereby Mrs. Erikson's property does not meet soil re- quirements for septic systems and unless a variance is granted the 10 acres cannot be divided. Robert Neary, Attorney for Mrs. Erikson, explained that 10 acres was purchased in 1978, 254 that Percolation tests were taken which indicated that soils could support septic systems on each of the 5 acre parcels. The transfer of the 5 acres did not take place until March of 1980, after Medina's ordinances had been changed. He stated that variance applications have been made under the septic and subdivision ord- inances and that his purpose is to discuss interpretation of said ordinances. He explained that he did not believe the the ordinance is written so as to require the entire 5 acre parcel to be TART soils, which are permissable soils. He stated that he believed that Medina does not have the authority to disapprove the subdivision and that Mrs. Erikson has been caught in the middle of the city upgrading its ordinances. Motion by Crosby, seconded by Lutz to deny the Violet Erikson subdivision of 10 acres,on Brockton Lane,into two 5 acre parcels because a division would result in one 5 acre lot 'of unbuildable soils under Medina's ordinances and codes. Motion declared carried Ray Anderson JoEllen Hurr reviewed information from past meetings and stated that she had found at least 10 other similar situationswhereby one owner owns adjacent property that is substandard in lot size. She reviewed setback requirements from lake, road and side yard. Thomas Anderson stated that if a house were to be built it should be placed in line with neighboring houses. Motion by Crosby, seconded by Lutz to grant a variance to Ray Anderson to build a house on Lot 5, Raskob's Lakeview Addition, said lot being adjacent to Mr. Anderson's existing house. Reasons for granting the variance being: a. The property has been previously platted b. It was platted at the time Mr. Anderson purchased c. Lot is comparable to other lots in the neighborhood that are built upon d. If not declared buildable owner will be denied proper use of property he has purchased. Variance is conditioned upon the fact that the construction of any dwelling on the property have setbacks consistent with neighboring houses and septic system found to be acceptable and in compliance with current Medina standards. Richard Schieffer asked how Mr. Crosby could justify Independence Beach property owners lots which are 60 ft. x 100 ft. and sewered. JoEllen Hurr stated that Independence Beach property owners hayed combined small lots. Thomas Crosby stated that this is a developed area and to deny is difficult. Mr. Schieffer stated that the ordinance could be changed to include a provision that would address the 10+ lots. Mr. Crosby explained that if the property does not meet the septic system test then a house cannot be built and if built a house would compare with other houses in the area. Thomas Crosby stated that he would withdraw his motion as he is trying to avoid a situation where common ownership in non -dense areas will not create a problem. Sarah Lutz withdrew the second to the motion. Motion by Crosby, seconded by Lutz to authorize the attorney to draft an ordinance modification to permit building in this type of situation in both sewered and unsewered areas. Motion declared carried Baltic Corporation JoEllen Hurr reported that prior approval of the Baltic Corporation subdivision on Brockton Lane had been given but that the division had not been filed within the allotted time. Motion by Crosby, seconded by Reiser to adopt Resolution 81-57, which replaces Resolution 80-42, reapproving the subdivision of the Baltic Corporation property. Motion carried Voting No -Lutz Martha Carter, Accessory Building JoEllen Hurr presented information regarding Mrs. Carter's application for a building permit to build a utility building at 3180 Carriage Dr., in the same location on the property as prior building that required a variance because it was to be a barn and could not mee t the setback regulations. She suggested that somelanguage be filed in the chain of title so as to put a potential purchaser on notice that the building could not be used as a barn. Mrs. Carter stated that the structure will be a storage shed which. does not need a variance. Thomas Anderson explained that the city has had instances of accessory buildings having be- come stables after two or three owners. Richard Schieffer stated that he would like to have a covenant filed with the title. Mr. Carter asked what would happen if the ordinance changed at some future date. Mr. Schieffer stated that the owner would then ask that the Council release the covenants. Motion by Crosby, seconded by Lutz to authorize issuance of a building permit to construct an accessory building at 3180 Carriage Dr. after a covenant has been filed on the title of the property stating that the building will only be used for non -farm purposes. Motion declared carried Accoustical Floors JoEllen Hurr stated that she had not received revised plans although Vern Isham stated that engineer Al Hoffmeier had revised plans according to city engineers directions. Motion by Crosby, seconded by Reiser to approve Accoustical Floors Conditional Use Permit subject to confirmation by the Planning and Zoning Administrator and the City Engineer that plans meet prior requirements of the City Council Motion declared carried Dockside JoEllen Hurr reported that the setbacks as stated on the plat for Lot 1 are shown to be 16.06 ft. from Lakeshore Ave. property line and must be 21.5 ft. from the property line. Motion by Crosby, seconded by Scherer to amend the Dockside variance resolution 81-55 to read "setbacks from Lakeshore Ave. shall be 21.5 ft. from the building line. Motion carried Voting No -Lutz. Don Mayer, Sign Richard Schieffer reported that he had not prepared information regarding sign permit for Mr. Mayer. Motion by Lutz, seconded by Scherer to table action on the Don Mayer sign until November 3. Motion declared carried Woodlake Sanitary Landfill Expansion JoEllen Hurr reported that the Physical Development Committee and the Metropolitan Council will be holding a meeting on October 22nd to consider the full expansion application of the Woodlake Sanitary Landfill. Council discussed the fact that plans are inconsistent with Medina;s Land Use. Plans. Motion by Scherer, seconded by Crosby to oppose Metropolitan Councils' approval of the expansion until such time as Medina has considered the application and taken action under its ordinances. Motion declared carried Thomas Anderson stated that the Task Force had discussed securing services of an attorney to assist the city with Woodlakes' expansion application. Thomas Crosby stated that he had tried to contact two firms regarding the matter but was unable to reach either of them. Motion by Crosby, seconded by Lutz to authorize the Mayor to make a determination as to the hiring of a law firm to work on the Woodlake application after recommendations are received from Thomas Crosby. Motion declared carried Woodlake Sanitary Landfill Land Alteration Permit JoEllen Hurr reported that an application had been received from Woodlake regarding their removal of dirt from the northern portion of their property to cover their expansion area. She stated that Medina's ordinance allows the granting or denial to be an administrative decision and that she would deny the permit becuase they will be working in a residential zone. Bruce Liesch, variance JoEllen Harr reviewed Mr. Liesch' application for a 5 ft. setback variance to construct a greenhouse on the south side of his house located on Lot 4, Block 1, Medina Manor, 1912 Highcrest Dr. She stated that the Planning Commission had recommended approval of the variance. Mr. Liesch stated that he would like to begin work before winter. Thomas Crosby asked if there would be a lighting problem with any neighboring houses. Mr. Liesch stated that the adjacent property is a large Meadowwoods Farms lot. Motion by Reiser, seconded by Crosby to grant a 5 ft. setback variance to Bruce Liesch to construct a sun room, greenhouse at 1912 Highcrest Dr., variance granted because of need to locate the addition on the south side of the house and because of location of existing house on the property. Motion declared carried 10. BILLS Motion by Crosby, seconded by Scherer to pay the bills; Order Checks # 9836-9841 in the amount of $10,710.71 and Payroll Checks # 6417-6426 in the amount of $5,002.30. Motion declared carried 11. ENGINEERS Motion by Reiser, seconded by Scherer to hold a Special 'Meeting on Tuesday, October 27th at 7:30 P.M. to interview prospective engineering firms. Motion declared carried 12. FRED HAMELE JoEllen Hurr reported that Mr. Hamele had requested that he bP allowed to rent his office building at 172 Hamel Rd. as a living unit on a monthly basis, until he sells the building. She stated that he is concerned about vandalism of the building. Thomas Crosby stated that his concern was that this could be construed as setting a pre- cedent because the property is zoned commercial. 13. PART TIME SECRETARY Motion by Lutz, seconded by Scherer to authorize interviews for part-time office help. Motion declared carried 14. NORTHWEST LEAGUE; OF CITIES Hennepin County Redistricting Discussion of a possible challenge to the Redistricting of the County Commissioners Districts. Richard Schieffer stated that his firm will be researching the possibility of filing a challenge to the redistricting, as approved by the Commissioners. Motion by Crosby, seconded by Lutz to support efforts to challenge redistricting if the Northwest League proceeds with a challenge as City Council believes district should be divided. Sanitary Landfills in Hennepin County Parks Motion by Crosby, seconded by Scherer to go on record as opposing landfills being located in County Parks and on productive farmland within Hennepin County. Motion declared carried Motion by Scherer, seconded by Crosby to adjourn. Motion declared carried Meeting adjourned at 10:45 P.M. Clerk October 20, 1981