HomeMy Public PortalAbout11/03/81 CCMh
ORDER CHECKS - NOVEMBER 3, 1981
9842 United States Post Office 250.70
9843 Donna Roehl 14.19
9844 Royal Business Machines 53.68
9845 Greater N. W. Office of R. E. Assess. 1,016.04
9846 LeFevere, Lefler, Kennedy, O'Brien & Drawz 4,715.00
9847 Northwestern Bell Telephone 215.61
9848 Wright -Hennepin Electric 433.36
9849 McCombs -Knutson 1,197.60
9850 Crow River News 97.72
9851 Physicans Health Plan 836.87
9852 Loretto Towing & Repair 425.52
9853 Amoco oil Co, 44.54
9854 Long Lake Glass, Inc. 71.20
9855 Instrumentation Services, Inc. 205.90
9856 Fortin Hardware 267.09
9857 Conway Fire & Safety 221.95
9858 Labor Relations Assoc. Inc. 467.13
9859 Henn, Co. Sheriffs Dept. 116.00
9860 Henn. Co. Finance Division 1,135.50
9861 Loren Kohnen 652.10
9862 State Building Inspector 200.37
9863 Metro Waste Control Commission 133.65
9864 Municipal & Private Services 112.00
9865 University of Minnesota 150.00
9866 Viking Steel Products, Inc. 348.34
9867 Perrys Truck Repair 274.24
9868 Midwest Wholesale Tire 110.00
9869 LaHass Manufacturing 121.34
9870 Catco Parts & Service 43.87
9871 Genuine Parts Co. 64.42
9872 Loren Leuer 397.50
9873 Long Lake Ford Tractor 390.00
9874 JoEllen Hurr 11.75
9875 Bryan Aggregates 7,638.87
9876 Bury & Carlson, Inc. 185.10
9877 Reynolds Welding Co. 56.00
9878 Zee Medical Service 66.25
9879 Rettinger Bros. Oil Co. 34.0
9880 Safety-Kleen Corp. 33.5
9881 Northern States Power 772.78
9882 C. S. McCrossan, Inc. 2,000.00
9883 St. Louis Park Medical Center 40.00
9884 Moodys Investors Service 1,000.00
9885 A - 1 Toilet Rental 120.00
9886 Hennepin Coop. Seed Exchange 575.00
9887 Hamele Recreation Co. Inc. 6,874.35
9888 Nodland Associates 34 411.36
9889 Richard Krotzer 640.00
9890 Anchor, Inc, 19,703.00
9891 Water Products Co. 1,348.00
9892 Metro Waste Control Commission 1,732
9893 Minnegasco 13.72
9894 Sun Newspapers 32.48
9895 Metro Waste Control Commission 2,855.00
9896 Clutch & U-Joint Brooklyn Park, Inc. 62.04
9897 Itasca Equipment Co. 525.00
9898 Earl F. Anderson & Assoc. 138.36
9899 Pera 667.10
9900 Social Security - Retirement Division 356.31
96,376.07
PAYROLL CHECKS - NOVEDBER 3, 1981
6427 Thomas Anderson 100.00
6428 Thomas Crosby 70.00
6429 William Reiser 70.00
6430 Sarah Lutz 70.00
6431 Wilfred Scherer 70.00
6432 Robert Anderson 462.67
6433 Charles Hoover 723.23
6434 Jerome LaFond 40.00
6435 Michael Rouillard 583.30
6436 Mark Roskop 354.56
6437 James Dillman 462.63
6438 Robert Dressel 523.73
6439 Ronald Duran 582.46
6440 JoEllen Hurr 834.30
6441 Donna Roehl 951.03
6442 Sylvia Rudolph 428.67
6443 Robert Dressel 331.25
6444 Verna Hoover 57.96
6445 Law Enforcement Labor Services 24.00
6446 Western Life Insurance Co. 29.44
6447 Director of Internal Revenue 1,193.40
6448 Commissioner of Taxation 489.10
6449 Social Security - Retirement Division 356.31
6450 Pera 462.60
$ 9,270.64
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The Council of the City of Medina met in regular session on Tuesday, November 3, 1981
at 7:40 P.M.
Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, William Reiser, Sarah
Lutz, Thomas Crosby; Clerk -Treasurer, Donna Roehl; Police Chief, Charles Hoover;
Planning and Zoning Administrator, JoEllen Burr; Attorney, Richard Schieffer;
Engineer, Paul Pearson; Building Inspector, Loren Kohnen
1. ADDITIONAL AGENDA ITEMS
Council agreed to discuss the following additional items:
Dockside Fence
'Willegalla, request for extension of paving
Co. Rd. 19 information
Accoustical Floors
Diesel fuel and gasoline supply
2. OCTOBER 17, 1981, MINUTES
Motion by Crosby, seconded by Reiser to approve minutes of October 17, 1981, as presented.
Motion declared carried
October 27, 1981_, Minutes
Motion by Reiser, seconded by Lutz to approve minutes of October 27, 1981, as presented.
Motion declared carried
3. PUBLIC WORKS DEPARTMENT
Meadowwoods Farm
Thomas Anderson stated that Ron Duran had received a request for the city to maintain the
Meadowwoods Farm streets during the winter even though the streets have not been finally
accepted by the city.
Thomas Crosby stated that bare maintenance should be done as there is only one house being
constructed at this time.
Motion by Scherer, seconded by Crosby to direct the City Clerk to write a letter to the S.J.
Groves Co. stating that the city will maintain the streets during the winter but will not be
responsible for any damages done by city equipment until such time as streets are accepted
by the city.
Motion declared carried
4. MEDINA NIORNINGSIDE SEWER
Discussion of the request from John Willegalla to pave the short section of Elsinore Circle
that dead -ends between his and Doug Sorenson's property.
Richard Schieffer explained that Mr. Willegalla is also concerned about the increased water
flow into the drainage ditch on his property from the storm sewer being constructed. He
stated that all of the items including the request for additional curb and gutter could be
dealt with when securing the easement from the Willegallas'.
Paul Pearson stated that to rip -rap the ditch would cost approximately $3269.
Paul Pearson discussed the proposed storm sewer construction through the Ronald Peterson
property and the fact that the Petersons do not want the line on their property. He stated
that an alternate route along lot lines could be planned.
Thomas Crosby asked that a determination of the cost of the easement through the Peterson
property should be made.
Motion by Crosby, seconded by Scherer to authorize payment of up to $500 to Ronald Peterson
for storm sewer easement.
Motion declared
Motion by Lutz, seconded by Reiser to authorize ditch restoration on the Willegalla property.
Motion declared carried
Paul Pearson advised that consideration of changing the design of the curbing could be delayed
until the Spring of 1982 when amount of remaining funds would be known.
5. POLICE DEPARTMENT
"No Parking" Signs
Chief Hoover stated that William Nelson has requested the city to install "No Parking"
signs on Lakeshore Ave. across from city park property at Independence Beach. He reported
that there has been an increase in park usage due to less parking space at the County Park
and because more Medina residents are using the boat launch ramp.
JoEllen Hurr suggested delaying a decision until the Park Commission has studied the park-
ing situation at the park.
Discussion of parking restrictions that are being imposed by the Park Reserve District
which are increasing the use of the cities facilities.
Mr. Nelson, Ron Dahl and Michael Glynn asked that some restrictions be imposed along their
properties.
Motion by Crosby, seconded by Scherer to refer the request for signs to the Park Commission
and ask that they study the function of the Independence Beach park facilities.
Motion declared carried
6. ROLLING GREEN COUNTRY CLUB
Donna Roehl reported that Mel Juster would attend the November 17th City Council meeting
to report on the decision the club members had taken regarding the future of the Country
Club.
7. ERVIN ZWIEFELHOFER
Mr. Zwiefelhofer appeared to request a partial refund of his building permit fee due to
the fact that the bid he had received on his house was approximately $14,000 less than
the amount that had been placed on it by the Building Inspector. He reported that in
cities that had storm damage building permit fees were not charged and perhaps he should
not have had to pay a fee because his house had been struck by lightning.
JoEllen Hurr reported that the difference in the fee would be approximately $50.00 and is
not based on the fact that the owner does some of the work himself or that he gets lumber
at reduced cost.
Loren Kohnen stated that the fee is based on $45.00 per sq. ft. which is the same amount
used by several other cities in the area.
Motion by Crosby, seconded by Reiser to refund a portion of the building permit fee based
on the difference between $85,000 which is the Building Inspectors value and $73,000 which
is the owners bid price. Refund being granted due to the fact that the house needed to be
rebuilt as a result of accidental destruction.
Richard Schieffer stated that the Building Inspector is handeling all applications in the
same manner according to the State Building Code.
Motion Not Carried Voting Yes; Reiser, Crosby; Voting No; Anderson, Lutz, Scherer
8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, PUBLIC HEARING 8:30 P.M.
Thomas Anderson stated that the purpose of the hearing was to receive input from res-
idents regardin reallocation of Year VI Community Development Block Grant Funds from
Hamel Sewer Repair to Hamel Water Tower Repair and Repainting.
No comments were received.
Motion by Lutz, seconded by Scherer to adopt Resolution 81-58, Reallocation of $8947
from Year VI Hamel Sewer Repair to Year VI, Hamel Water Tower Repair and Painting.
Motion declared carried
10. PLANNING AND ZONING DEPARTMENT
Christian Wagner, Subdivision, Moororoft
JoEllen Hurr reviewed subdivision application of Dr. Wagner to subdivide approximately
180 acres into 16 lots. Property being located west of Tamarack Dr. and North of Medina Rd.
She stated that lots range in size from 2.8 acres to 10.47 acres all lots having 2 acres
of conventional septic system soil and that Lots 1 and 2, Block 2 have been combined into
one lot since the Planning Commission recommended approval of the plat.
Thomas Crosby stated that he had been involved with the United Way and this property,
had factual background regarding the property but may disqualify himself from action
on the matter.
Polly Patch, acting for Dr. Wagner, reviewed flood plain and flood hazard information !
she had received from various sources.
She explained that the culvert on Outlot B would be replaced under a permit through the DNR.
Paul Pearson reviewed his letter which stated that the drainage design of the project appeared
to be acceptable, that alignment of the roads meets ordinance requirements but that the length
of Outlot B exceeds the 750 ft. maximum which is allowed.
Polly Patch stated that Outlot B would be a private drive.
Thomas Anderson asked if Lot 8 had sufficient area above flood plain.
Thomas Supel stated that the cities ordinance requires two acres above flood plain and he
questioned whether Lots 1 and 8 will meet that requirement.
Jim Maki asked if action had been taken regarding the petition that had been submitted re-
garding retaining of the area in its natural state providing for a trail system or a public
park.
Polly Patch stated that they are asking that the park fee be waived in all cases where lots
will exceed 10 acres if an equal portion of Outlot A is added to acreage of individual lots.
Mayor Anderson stated that the Park Commission will be asked to comment on whether the city
should request a trail system, park dedication fee or land dedicated for park. He also
added that if the developer were to provide a trail system it could be considered as part
of the park dedication.
JoEllen Hurr stated that Outlot A is 84 acres in size and would be shared by the 16 lots,
and in the Meadowwoods Farm plat park dedication fees where charged only against those lots
that were less than 10 acres in size.
Motion by Scherer, seconded by Reiser to table action on the Moorcroft Plat pending clarif-
ication of fllod plain information, park or trail system or park dedication fee and owner-
ship of Outlot A by the 16 lot owners.
Motion carried. Abstaining, Crosby.
Frank Fleischhacker, Conditional Use Permit
JoEllen Hurr reviewed 1°lr. Fleischhackers Conditional Use Permit application to operate a
commercial stable at 1982 Hamel Rd., in an existing building where, in 1978, the owner had.
been granted approval to operate as a family owned and operated barn.
She reported that the Planning Commission had recommended denial of the permit because the
original permit was for a family operation and because the building had been built in vio-
lation of the building setback requirements granted by Council.
Lou Remele, Attorney for Mr. Fleischhacker, reviewed action taken by Council in 1978.
He stated that the property was zoned M-1, Light Industrial, and under the ordinance at
that time a stable was allowed in that district.
He stated that the activity to be performed will be the same as what has been done during
the past three years with an increase of stalls to 30.
He stated that the implication of the existing ordinance is toward a riding stable and Council
should not deny unless it can prove that the use would be detrimental to life style of sur-
rounding properties, one of whioh is a large dairy farm which in a broad sense could be
construed to be a commercial operation.
Thomas Crosby stated that action taken in 1978 was taken with the idea that there would not
be a continual flow of traffic coming onto the property. He stated that the city needs to
oonsider the impact on traffic by horse riders and traffic generated on city roads by those
driving to a facility. Another item that would need to be considered was proper preparation
of the site for parking and landscaping as is required on all commercial sites.
JoEllen Hurr asked if Mr. Fleischhacker intended to build a house on the property.
Mr. Fleischhacker stated that he would be doing so at some future date.
Thomas Anderson asked where the addition would be made to the building.
Mr. Fleischacker stated that he would be squaring up the building.
--,Richard Schieffer suggested that staff prepare
the Planning Commission and the City Council.
Thomas Crosby stated that the facts presented by
recalled from Council's 1978 action.
Motion by Crosby, seconded by Lutz to ask staff
Use Permit to Frank Fleischhacker to use a barn
stable.
Motion declared carried
a resolution outlining facts gathered by
the applicant were not the facts that he
to prepare a resolution denying a Conditional
located at 1982 Hamel Rd. as a Commercial
Mark Franklin, Conditional Use Permit
JoEllen Hurr reviewed action taken by the Planning Commission to recommend denial of a
Conditional Use Permit to Mark Franklin to construct three radio towers at 1461 Willow Dr.
based on the fact that they are not in compliance with Medina's ordinance and have been
constructed without permit.
Hugh Jaeger, Attorney for Mr. Franklin, reviewed Mr. Franklin's "After the Fact" application
stating that he operates his radios as a hobby and as a public service in time of need, he
needs three towers of heights of 140 ", 90' and 471 because he transmits on various frequen-
cies. He reported that the towers would be child -proofed and landscaped with trees so as
to screen from neighbors. He stated that Nr. Franklin has five acres and has made an offer
to purchase an adjacent five acre parcel so that if the 140 ft. tower were to fall it would
fall entirely on his property.
He explained that he had letters of approval from neighbors Jeff Chinn and Greg Pearson and
letter of disapproval from Howard Detloff.
He reported that there are other homes in Medina that are in violation of the height restrict-
ion for antennas and that Tonka Bay, Cottagewood and Orono have towers and that Maple Plain
has a 200 ft. tower and Medina has a 90 ft. wind generator.
Regarding interference, he stated that Mr. Franklin has hardly been operating so the neigh-
bors should not be experiencing any interference with television reception and that Mr.
Franklin would work with any neighbor who had a problem if only they would contact him.
Richard Schieffer stated that a Conditional Use Permit has been applied for and that a
Variance application might be in order.
Mr. Jaeger stated that he would like to have the matter resolved or approved in the very
near future and that the application for Conditional Use Permit was made at the direction
of the Zoning Administrator.
Thomas Anderson stated that some of the towers existed prior to ordinance adoption.in 1980
Mr. Jaeger stated that the ordinance was published in October of 1980.and that it has
problems and appears to be vague in some areas.
.JoEllen Hurr stated that Mr. Franklin had been told before he built his house that the
ordinance would be changing and that he would need to comply with the new ordinance if
he wished to install towers.
William Reiser asked why a permit had not been issued.
Mr. Jaeger stated that there was some misunderstanding on the part of Mr. Franklin and
that Mr. Franklin should have been charged with a misdemeaner if the city thought there
had been a violation.
Thomas Crosby stated that it is annoying to have facts that were witnessed brought back
to Council in a different light.
Mr. Jaeger reported that Mr. Franklin has not used his equipment since September while he
waited for the City Council to act.
JoEllen Hurr reported that Mr. Franklin had requested the delay because of legal counsel
and because he stated that he did not have the property survey which she had requested ,
which when delivered, had a d ate of August 7.
Roman Lesniak, 2625 Bobolink Rd. stated that he and Albert Winterhalter have good tele-
vision sets and they have experienced interference.
Diane Whitehead, 2595 Bobolink Rd., stated that she does not like to look out her window
and see three towers.
JoEllen Hurr asked if Mr. Franklin anticipated more than three towers on the property.
Mr. Jaeger stated that there probably would be no need for more than the three.
Richard Schaeffer stated that Mr. Franklin does have rights under the First Amendment and
that Council has less latitude than in denying some other things unless danger or damage
to people and or property can be demonstrated. He stated that there is a variance pro-
cedure if Mr. Franklin cannot use at height limitations of the ordinance and that approval
under a Conditional Use Permit can only extend so far.
He asked that he be given time to research the facts that have been presented.
Motion by Reiser, seconded by Crosby to table the Conditional Use Permit application of
Mark Franklin for evaluation and recommendation by the City Attorney.
Motion declared carried
Don Mayer, Sign
Richard Schaeffer reviewed memo regarding Mr. Mayer's request to erect a "Flying Red Horse"
sign on his property at 762 Hwy. 55. Memo included information that there is 136 sq. ft.
of existing signs on Mr. Mayers service station site and that a total of 264 sq. ft. of signs
could be allowed under the ordinance if the service station site and the bulk storage site
area were theoretically combined for sign purposes. He stated that the sign at the bulk
storage site would need to be removed and the approximate 115 sq. ft. of the horse sign
would then not exceed the limit.
Be presented a prepared resolution outlining items presented in the memo.
Motion by Crosby, seconded by Reiser to adopt Resolution 81-59, combining development rights
under the sign ordinance with Mr. Mayer to pay administration costs before erecting the sign.
Motion declared carried
Woodlake Sanitary Landfill, Land Alteration Permit
JoEllen Hurr reported that she had discussed the land alteration permit application of Wood -
lake with Attorney, Charles LaFevere, and had decided that a mining permit application would
be the proper method of dealing with dirt removal.
Attorney, Richard Nowlin, stated that he did not think a mining permit was needed because
the dirt was not being taken off site.
Thomas Crosby stated that he would not have a problem dealing with the application if the
long term expansion were either approved or denied.
JoEllen Hurr stated that the ordinance states that granting or denying such permits are an
administrative decision and that she would deny the permit unless instructed otherwise by
the City Council.
Motion by Scherer, seconded by Lutz to table the Woodlake land alteration permit application
pending recommendation of the Task Force Committee and the possibility of their need of a
Conditional Use Permit because of the amount of dirt to be removed.
Motion declared carried
M and P Utilities
JoEllen Hurr stated that she and Paul Pearson had reviewed the M and P Utility site and
reported that they are putting concrete and other building materials n the land alteration
site and because another such site has been closed to such materials she did not think that
it should be allowed to continue at this site. She also stated that she did not receive
landscaping plans.
Motion by Reiser, seconded by Crosby to table the matter pending clarification of what is
being done on the site.
Motion declared carried
Dockside
JoEllen Hurr reported that the fence that has been constructed is higher than the 6 ft. max-
imum allowed and has been erected on the utility easement in some areas. She stated that Mr.
Spaeth has asked if fence could be closer than 70 ft. to the corner of Lakeshore Ave. and Co.
Rd. 19.
Motion by Anderson, seconded by Lutz to require that fence must be 6 ft. high and follow plans
that had been previously approved.
Motion declared carried
Richard Schieffer stated that in other situations owners have built fences on easements
but they must be removed if requested by the city.
Sarah Lutz stated that Mr. Spaeth must dome to the council if he wishes to build the fence
closer than 70 ft. to the corner.
Substandard Lots
Council discussed prepared amendment to ordinance allowing building on substandard ad-
jacent substandard lots under common ownership.
Regarding the application of Rayburn Anderson Council agreed that a Conditional Use
Permit could be required along with a hardcover condition.
Accoustical Floors
JoEllen Hurr stated that she wished the Council to reconsider action taken at the October
20th meeting and asked that they review plans when they are received as there are a num-
ber of items that need to be approved.
Council agreed that the Zoning Administrator can request that Council act on such matters.
11. HAMEL RD, PINTO DR, TOWER DR.
Paul Pearson stated that the project had been completed by McCr3ssans and has been inspected
by their firm and Ron Duran and he would recommend release of the remaining funds.
Motion by Crosby, seconded by Scherer to release $2000 final payment to C.S. McCrossan
for completion of the Hamel Rd., Pinto Dr., Tower Dr. project.
Motion declared carried
12. HAMEL SIDEWALKS
Discussion of the bill received from Loren Leuer for work on the Lutz property to cover
the sidewalk materials that wer dumped.
Paul Pearson stated that Victor Carlson had stated that due to the fact that others
had dumped on the site he would not pay for the work that Leuer did.
Regarding the sidewalks he stated that there is a one year warranty on the work and
he would recommend final payment at this time.
Motion by Scherer, seconded by Reiser to accept the Hamel sidewalk project and authorize
payment of $ 2337.10 to Victor Carlson and Son.
Motion declared carried
Council authorized holding of the Leuer bill for clarification.
13. BILLS
Motion by Crosby, seconded by Scherer to pay the bills, excluding the check for $397.50
to Loren Leuer; Order Checks #9842-9900 in the amount of $96,376.07 and Payroll Checks
#6427-6450 in the amount of $9270.64.
Motion declared carried
14. FINANCIAL SITUATION
Discussion of spending cut -backs that will be needed due to the fact that government
aid payments may not be received for the remainder of 1981.
Donna Roehl reported that Ron Duran has determined that there is enough diesel fuel
remaining until January but that the gasoline supply will not last that long.
Motion by Reiser, seconded by Crosby to adjourn.
Motion declared carried
Meeting adjourned at 11:40 P.M.
Clerk
November 3, 1981