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HomeMy Public PortalAbout10/21/80 CCM1 7 PAYROLL OCTOBER 21,1980 5936 Robert Anderson $ 433.78. 5937 Charles Hoover 660.55 5938 Jerome LaFond 558.19 5939 Michael Rouillard 529.24 5940 James Dillman 443.46 5941 Robert Dressel 476.76 5942 Ronald Duran 553.24 5943 Steve Scherer 80.00 5944 State of Minn. Soc. Sec. 128.31 3863.53 ORDER CHECKS 9102 State of Minn. Soc. Sec. 128.31 08 The Council of the City of Medina met in regular session on Tuesday, October 21, 1980 at 7:30 P.M. Present: Mayor, Thomas Anderson; Councilmembers, Thomas Crosby, William Reiser, Nancy Laurent, Sarah Lutz; Clerk -Treasurer, Donna Roehl; Planning and Zoning Administrator, JoEllen Harr; Public Works Director, Ron Duran; Police Chief, Charles Hoover; Attorney, Richard Schieffer; Engineer, Dave Hansing; Building Inspector, Loren Kohnen. Councilmembers agreed to discuss the following items, not included on the agenda: S.J. Groves Co., request to clear trees and grade before filing final plat. Fire Marshall to attend meeting. Set date for first November meeting. Park Commission request to have trees wrapped in Medina Morningside and Indepen- dence Beach Park. 1. MINUTES OF OCTOBER 7, 1980 JoEllen Harr asked that Council review the motion regarding the Meadowwoods Plat, page 105. Thomas Crosby clarified the motion to read: "City to pay cost of base work not to exceed $3300, which cost shall be assessed to adjacent properties; paving cost to be paid for by the developer. Motion by Crosby, seconded by Laurent to approve minutes of October 7, 1980, as corrected. Motion declared carried 2. MEADOWWOODS PLAT Jim Johnston representing the Groves Co, discussed the possibility of their clearing trees and doing some preliminary base road work before the final plat resolution is approved. Thomas Anderson reported that they would post a bond for $160,000 to cover work in connect- ion with conditions of a contract. Richard Schieffer advised that no work be done on city property until final plat resolution has been adopted. Motion by Crosby, seconded by Reiser to allow the S.J. Groves Co. to commence clearing trees and preparing the site of the Meadowwoods plat property pending final documentation of a development agreement and that arrangements, acceptable to the City Attorney, be made so that the $160,000 bond could be utilized, if necessary, to place the city and adjacent properties in the posistion that existed prior to commencing work, in the event the project does not go forward and if the developer does not rectify problems noted by the city. This preliminary authorization shall not jeopordize the city, nor the developer, from entering into a development contract for the entire project. Motion declared carried 3. POLICE DEPARTMENT Scheduling Thomas Anderson explained that citizens have been asking for expanded hours since Bob Anderson was hired as a full time officer in January. Also two officers should be scheduled on weekends rather than during the week. Thomas Crosby stated thrt he would work out something with Chief Hoover that would satisfy the citizens concerns. Police Car Charles Hoover presented the following quote on full sized vehicles: Base bid on Ford LTD was $8233; Chevrolet Impala, $8566; Plymouth Fur;, $8313; Dodge St. Regis, $8992, bids were secured through Hennepin County purchasing. Council discussed whether city should buy a medium or full size car. Chief Hoover stated that he had ordered the full sized ear with deletions from the base price. Motion by Crosby, seconded by Lutz to purchase a full size Ford LTD from Ridgedale Ford at $8056.93. Motion carried Voting No, Anderson who stated that the city should be buying a medium sized vehicle. 1980 Laws Motion by Lutz, seconded by Laurent to purchase the 1980 laws as passed by the State Legis lature . ' Motion declared carried 4. PUBLIC WORKS DEPARTMENT Wichita Tr. Dave Hansing reported that Mr. Gobel has stated that he would correct Mr. Layeux's water run-off problem on Wichita Tr. Mr. Hansing explained that if the problem were corrected the city could release the $2000 being held in.escrow. Motion by Crosby, seconded by Laurent_to authorize the engineer to write a letter to Mr. Gobel regarding release of the $2000 less city expenses, when the problem is corrected. Motion declared carried Medina Morningside Well Ron Duran presented a report he had compiled on the condition of the Med3.n.a Morningside well. Report included the 1979 inspection report of the Minnesota Department of Health listing corrections that were needed and which were also included in their 1977 inspection report. He also presented a list of needed repairs and a letter from the Long Lake Fire Department stating that there were problems with the hydrants and pumping capacity. Council also received a letter from engineer Lyle Swanson reporting on the condition of the electrial system. Ron Duran reported that Roman Koch of the .Minnesota Department of Health will inspect and report to the Council. Dave Hansing explained that response to a survey taken by their engineering firm had shown that 45 of 59 residents were satisfied with the water service; 14.had said that it was unsatisfactory, with the most common complaint that of pressure variance and not being notified when repairs were made on water main breaks and water needed to be shut off. Be recommended that the city purchase the water system at the $95,000 price providing that both parties know who is taking care of what and when. He added that the cost of install- ing a new water system at the time of sewer installation would cost approximately $300,000. Ron Duran advised that the city wait until the sewer is installed to see what is underground. Thomas Crosby stated that in negotiating with the Water Supply Co. they discussed price on' an "As -Is" basis. A list of needed items and the cost of them should be compiled and put into the bond issue. Thomas Anderson stated that a decision should be made as.to what a major repair is and this should be entered into the agreement. Motion by Crosby, seconded by Laurent to invite a contract from the Water Supply Co. at $95,000 subject to a 2 year, $5000 repair escrow amount, with the city listing the items it considers necessary to putting the system into a servicable condition. List to include owner supplying well logs, repair records, as -built maps, bookkeeping records, available repair parts; Owner installing new steel door and lock, electric heater, plywood panels; Repair pump # 2, supply.proper lighting and electrical work on panel and call attention to the 1979 list from the Department of Health. Motion declared carried County -State Aid Sealcoating Project Ron Duran recommended that the bill from Allied Blacktop be paid as the $1000 amount over their bid price was accountable. Motion by Reiser, seconded by Lutz to pay Allied Blacktop $22,932.54 for sealcoating and overlay work on Willow Dr. Motion declared carried 5. PLANNING AND ZONING DEPARTMENT George Cleveland JoEllen Hurr presented the recommendation of the Planning Commission to allow Mr. Cleveland to construct a 3 car unattached garage at 1382 Tamarack Dr. The variance would be a 720 Sq. Ftg, for the building, from Ordinance 407, which limits the size of accessory buildings. Motion by Crosby, seconded by Lutz to grant a 720 sq. ft. variance to George Cleveland to construct a 3 car unattached garage, 660 sq. ft. in size, at 1382 Tamarack Dr. Variance granted because there is no existing garage on the property although there is an existing barn on the property. « Motion declared carried Harold Pederson JoEllen Hurr reviewed the Planning Commission recommendation to grant a Conditional Use permit .to Harold Pederson to store boats in buildings located at 464.5 Mohawk Dr. I10 Thomas Crosby stated that the permit should specify that this is "dead" storage, with no traffic in an out of buildings and property for repairing or unnecessary reasons. Thomas Anderson asked that a 5 year time limit be put on the permit. Fire Marshall, Loren Kohnen, asked that he be given a plan of the buildings and would need to know the number of boats that would be stored in the buildings. Motion by Reiser, seconded by Crosby to grant a Conditional Use Permit , for 5 years., to Harold Pederson to allow boat storage and storage of recreational vehicles in buildings located at 4645 Mohawk Dr., provided that plans of the buildings are supplied, that all storage be inside and that items now stored outside be clean up, and that only the drive- way past the house be used. Motion declared carried Lon Danielson JoEllen Hurr presented plans of Lon Danielson to construct a house on Lot 8, Block 1, Ind- ependence Beach. She stated that they do not need a variance as they meet the 10,000 sq. ft. lot size requirement. They do need to connect to the sewer and water line to serve the lot so the lines must be run along the street easement. Motion by Crosby, seconded by Lutz to pay Lon Danielson for charges he may incur to connect to the sewer and water on Lakeshore Ave. to 10 ft. beyond the line of lot 8, in exchange for payment of a sewer and water unit of assessment. Motion declared carried Reynold Swanson JoEllen Hurr explained that former Zoning Administrator Robert Derus had interpreted the ordinance for location of Mr. Swanson's barn at 2520 Willow Dr, at 200 ft. from the prop- erty line. Upon measuring from what is assumed to be the property line to the edge of the barn it is found to be 23 ft. from the line. She also reported that Mrs..Haislet had verbally reported the location about 5 months ago and had just recently put her concerns in the form of a letter Rey Swanson stated that he had attempted to locate the survey stake and could not but his surveyor had told him he would relocate it if necessary. Richard Schieffer explained that the barn location had been approved 200 ft. from the property line by Robert Derus and that the applicant had been given advice by his septic installer to locate in another spot. He added that the Council could require the barn be moved or if a hardship were determined allow it to remain where it is. If the applicant were told to remove the barn and he refused the city could go to court and let.a judge decide the issue. Thomas Crosby stated that a reasonably long time could be given for removal with the hope that the parties could make some sort of an agreement before that time. Mr. Swanson's attorney stated that it was not clew^. to Mr. Swanson that it could not be located within the 200 ft. and his building permit copy did not indicate that a footing inspection was required. Ross Thorfinson, attorney for Mrs. Haislet, explained that the ordinance is self explanatory and that the applicant should have consulted the city when he decided to locate the barn closer than 200 ft. from the property line. Nancy Laurent asked if there was room on the property if the barn were to be moved. Mr. Swanson stated that he had understood that the barn had to be located 200 ft.from the house and not the property line. Mr. Schaeffer receommended that the Council not take action at this time but inform the applicant that he is not in conformance with the ordinance and if he wishes he may apply for a set back variance, listing hardship. Motion'by Laurent, seconded by Crosby to infrom.Mr. Swanson that he has two months to re- spond, either by moving the barn or applying for a variance. If applying for a variance the matter should be taken to the Planning Commission in December. Motion declared carried Mr. Crosby suggested that if a stalemate arises the Council could .consider a reasonable time period for removal of the barn. Edward Carter Mr. Carter presented a letter and information from Mrs..Carter regarding previous variances that had been granted by the city for construction of barns 75 ft. or less from property lines. He asked that the City Council's previous decision to deny the variance be reconsidered. /1 Thomas Anderson stated that if the.variance were granted .anyone could use the same logic to secure permission to complete a project. Thomas Crosby asked which ordinance this request would be considered under in view of the fact that the new ordinance became effective on October 8th. Could the previous ordinance be used. Richard Schieffer stated that it could be reconsidered under the prior setback regulations. Thomas Crosby asked if this application was the .only application being considered at the time prior to the adoption of the new Zoning Ordinance. Motion by Crosby, seconded by Lutz to take previous action on the Carter barn variance app- lication under consideration and think through legally so as to retain sanctity of the new ordinance. Motion declared carried Motion by Crosby, seconded by Lutz to table action on the variance application until November 5i 1980. Motion declared carried Baltic Corporation JoEllen Burr presented information on•t he division of 50.85 acres on Brockton Lane into 3 parcels, each meeting the septic requirements. She stated that the. buyers, Westwood Lutheran Church, understand the soil limitations of the property if the sewer is. never extended. • She presented the recommendations of the Planning Commission and asked that consideration be given to requiring a 13-i ft. easement along Brockton Lane be dedicated for road purposes. She also recommended that a park fee not be required on Parcel G, if the easement were given, as this parcel would then be less than the minimum at which park dedication fees are deter- mined. Motion by Crosby, seconded by Reiser to approve the subdivision of the Baltic Corporation property into 3 parcels; 5.33 acres, 20.12 acres and 23.6 acres and to waive the park ded- ication fee on the 20.72 acres provided that the developer provide a 132 ft. easement on Brockton Lane. Motion declared carried West Side Equipment JoEllen Burr explained the Planning Commission recommendations for'granting a Conditional Use Permit to allow Steve Murphy to use building located at 902 Hwy. 55 for an office and equipment storage building. Mr. Murphy also discussed the possibility of their renting a portion of the building for any other type of use. Council advised that if rented to an all retail business they would need to bring the plans to the city for approval. Sarah Lutz stated that she would abstain from any discussion and voting on the matter be- cause her husband was the realtor involved in Selling the property. Motion by Reiser, seconded by Crosby to authorize preparation of a resolution approving use of the building at 902 Hwy.. 55 for an office, storage -building and ask that the engineer determine the amount of the bond to be posted for landscaping and blacktopping. Motion declared carried Don Mayer' JoEllen Hurr presented plans of Don Mayer and recommendation of the Planning Commission to grant a Conditional Use Permit to use the existing building at 3575 Hickory Dr. for storage of trucks. She stated that sufficient parking is shown 15 ft. from the property line. Motion by Reiser, seconded by .Crosby to approve Mr. Mayer's use of the property at 3575 Hickory Dr. for storage of trucks. Motion declared carried Mrs. Burr also presented plans of Don Mayer for a 16' x 18' addition to his existing build- ing at 762 Hwy. 55. Plans indicate parking along the north property line at 15 ft, from the line and Mr. Mayer has applied for a variance for a 15 ft. setback. Motion by Lutz, seconded by Laurent to grant a 15 ft. 'setback variance from the north prop- erty line of Don Mayer at 762 Hwy. 55. Motion declared carried 112 Dockside JoEllen Harr reported -that John. Sunde of the Hennepin County Park Reserve District had in- formed the Planning Commission that when they purchased property east of Co. Rd. 19 they also acquired the easement that exists on the Dockside property. Richard Schieffer explained that if it is a cartway the city could vacate through the pro- per proceedings and if it is a private easement then those parties involved could resolve. Mr. Schieffer also stated that John Spaeth has been a client of the LeFevere, Lefler law firm for some time before he became associated with the firm and had workei on title clearance for Mr. Spaeth. He also stated that if Council wished they could secure another law firm to handle the item for the city. He commented on the number of Planning Commission and City Council meetings Mr. Spaeth had attended and believed +that the earlier meetings were attended to secure some direction as to what he could do with the property. Resolution 80-22 granted variances but the zoning on the property was not M-R at that time. Handleing under the old ordinance would not require notification of property owners nor the holding of a Public Hearing. He advised that the project should be dealt with under the old ordinance as there is not a zoning map that has been adopted to accompany the new zoning ordinance. Thomas Anderson stated that he still has a problem with the square footage of the buildings being proposed on the property; the fence would not block view along Co. Rd. 19 but it would from Lakeshore Ave. If however, it met the fencing ordinance it could be constructed. Also patios should not be allowed within confines of the setbacks. Thomas Crosby stated that there wer two ways to solve the density-concerns;(1.)Reduce the floor area and(2) present a buyer profile showing density in numbers of people. Robert Franklin asked why the attorney had now advised handling under the old zoning ord- inance when previously he had given Council a choice of using either the old or the new. Mr. Schieffer explained that when someone would attempt to justify procedure involved in granting variances ( Resolution 80-22) it would have to be attached to the old zoning regulations. Robert Franklin asked why this should not be applied for under the new ordinance when Mr. Spaeth's plans were brought in originally they were looked at conceptually. Mr. Schieffer explained that if considered conceptual then Mr. Spaeth should file variance application now under the new zoning ordinance as it is inconsistant to find a resolution adopted by the City Council and not find variances were not applied for. Mr. Spaeth stated that he had asked JoEllen Hurr about the number of variances he should apply for, she had told him she did not know how many there would be, and if he pay for them he would not get a refund from the city. Thomas Anderson stated that the Council would need to tell the Planning Commission if variances were granted so that they could complete subdivision recommendations. Thomas Crosby did not think that the easement question was a Council matter and asked whether rights to the easement were waived when a building was constructed on the easement. Robert Franklin stated that the Meadowwoods plans were revised as new ordinances were adopted and as the new Zoning ordinance is more appropriate for the property it should be used. Motion by Laurent, to declare that Resolution 80-22 was conceptual and that Mr. Spaeth should make an application for variances. Motion not seconded. John Spaeth asked that the Council move one way or another on the rezoning and affirm or amend the resolution and allow him to proceed with the preliminary plat. Thomas Crosby stated that he agreed with Robert Franklin's ideas as to which ordinance would best apply but because of the time already spent on the project it -should be con- sidered under the old ordinance and the Planning Commission should reconsider their con- cerns and resolve the issue of: 1. Patios 2. Density, taking into consideration the probable useage (numbers of people) and 3. Lot coverage, considered in light of other alternatives (single family dwellings.) Pat Velch and Emil Jubert members of the Planning Commission explained that their prob- lem is with density oh the. property. William Reiser stated that Mr. Spaeth should draw a plan of less density or it may never be resolved. • R ichard Schieffer stated that the new ordinance is not entirely in effect due to the fact that the new .zoning map that accompanys the zoning ordinance is not adopted. 113 Motion by Lutz, seconded by Crosby to direct the Planning Commission to consider plans under the old ordinance. Motion declared carried Thomas Crosby asked that the Planning Commission consider the rezoning question by iself and not in connection with the plans that have been presented. Motion by Lutz, .seconded by Crosby to ask that the Planning Commission study Chuck Riesen- bergs recommendation for rezoning and subdivision. Motion declared carried Conley Brooks JoEllen Hurr presented recommendations of the Planning Commission to approve the Conley Brooks subdivision of 16-99 acres into a 7.24 and a 9.25 acre parcel. She stated that the newly computed park dedication fee would be $4600. Motion by Reiser, seconded b Lutz to approve the Conley Brooks subdivision upon payment of a park dedication fee of 4600.00. Motion declared carried Loretto Sewage Treatment Pond JoEllen Hurr reviewed the recommendation of the Metro Council regarding phosphorus removal at the Loretto treatment pond. She also presented information which she had presented at the meeting of the Metro Council Physical Development Committee expressing the need for proper monitoring on a yearly basis and provisions for growth in the city. John Day Motion by Reiser, seconded by Crosby to extend the dates on the Development Contract to a commencement date of May 1, 1981 and a completion date of December 31, 1981. Motion declared carried 6. SANITARY LANDFILL SITE SELECTION Thomas Anderson and JoEllen Hurr explained that a committee is being formed in Hennepin County to select four sites for waste disposal. Each community and other interested and involved orgini@ations were being asked to appoint a delegate and an alternate to attend meetings to assist in the site selection. Mayor Anderson asked that Thomas Crosby and Lyman Wakefield act as delegate and alternate on the committee. 7. NEIGHBORHOOD CENSUS Motion by Crosby, seconded by Lutz to participate in the Neighborhood Census program as suggested by Hennepin County. Motion declared carried 8. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING Motion by Reiser, seconded by Crosby to set a Public Hearing for November 18, 1980 at 8:00 P.M. to discuss Community Development Block Grant Program for Year VII. Motion declared carried 9. BILLS Motion by Crosby, seconded by Reiser to pay the bills; Order checks # 9102.for $128.51 and Payroll Checks # 5936 " 5944 in the amount of $3863.53. Motion declared carried 10. NOVEMBER MEETING Motion by Crosby, seconded by Reiser to hold the November meeting on November 5, 1980. Motion declared carried 11. FIRE MARSHALL MEETING Motion by Crosby, seconded by Lutz to reimburse Loren Kohnen $9.00 to attend a Fire Marsh- als meeting. Motion declared carried 114 12. S'ihVE HANCOCK Motion by Crosby, seconded by Reiser to contract with Steve Hancock to wrap the newly planted trees in the Medina Morningside and Independence Beach parks.at a cost of $75.00. Motion declared carried 13. HWY. 55 AND CO. RD. 116, INTERSECTION Council discussed letter dated October 17th stating that the intersection project is being dropped from the Minnesota Department of Transportations construction program due to lack of interest and lack of approval from the City of Medina. Motion by Crosby, seconded by Reiser to notify the Department of Transportation that the city is still interested in the project and will continue to try and solve the concerns of affected property owners. Motion carried Voting No. Sarah Lutz Motion by Lutz, seconded by Reiser to adjourn. Motion declared carried Meeting adjourned at 12:00 A.M. ��/zna ) Clerk October 21, 1980