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HomeMy Public PortalAbout11/18/80 CCMPAYROLL CHECKS - NOVEMBE 18, 1980 6002 Robert Anderson 416.99 6003 • Charles Hoover 660.55 6004 Jerome LaFond 583.12 6005 Michael Rouillard 519.73 6006 James Dillman 446.47 6007 Robert Dressel 473.16 6008 Ronald Duran 500.33 6009 Steve Scherer. 30.00 6010 State of Minnesota - Social Security 121.96 $ 3752.31 ORDER CHECKS - Nov. 18, 1980 r 9162 United States Post Office 20.00 9163 State of Minnesota - Social Security 121.96 141.96 The Council of the City of Medina met in regular session on Tuesday, November 18, 1980 at 7:•30 P.M. . Present: Mayor, Thomas Anderson; Councilmembers, Nancy Laurent, William Reiser, Thomas Crosby, Sarah Lutz; Clerk -Treasurer, Donna Roehl; Planning and Zoning Administrator, JoEllen Hurr, Police Chief, Charles Hoover; Public Works Director, Ron Duran; Engineer, Dave Hansing; Attorney, Richard Schieffer; Sewer and Water Inspector, Richard Krotzer; Building Inspector, Loren Kohnen Councilmembers agreed to discuss the following items which were not included in the prepared agenda: Use of Park Funds for Hunter Farms park improvements Hind vs. Medina legal settlement Appointment of representative to Hazardous Waste site selection committee Bonding for city projects Need forAttorney to meet with City staff on regular basis 1. Minutes of november 5, 1980: Nancy Laurent asked that it be noted that she voted "No" on the barn location variance application, Page 119. JoEllen Hurr asked that Item 5, page 118, Tim a 10.31 acre parcel. She also noted that no included in the enlarged Hamel sewer district. Motion by Reiser, seconded by Laurent to approve minutes of November 18, 1980, as corrected. Motion declared carried motion regarding the Carter Haislet subdivision, be corrected to•approve area of the Hunter Farms addition had been 2. PUBLIC WORKS DEPARTMENT Northwestern Bell Telephone Motion by Reiser, seconded by Laurent to approve Resolution 80-31, allowing Northwestern Bell Telephone to bury cable on Hickory Dr. in Hamel with the understanding that Hickory Dr. will be extended to the north property line and the cul de sac vacated at some future date. Motion declared carried Medina Morningside Well Richard Krotzer explained that Dave F,igstrom of the Minnespota Department of Health, Ray Bergerson of the Water Supply Co, and himself, had inspected the Medina Morningside well. and well house-. He -listed several items that needed to be corrected at a cost"of approx- imately $6000.00." Mr. Engstrom stated that the state would expect•the city to make the necessary corrections at the time the system is purchased from the Water Supply Co. Medina Morningside Sewer . Dave Hansing reported that they have met with the involved property owners regarding secur- ing easements to install sewer lines. Park Fund Motion by Crosby, seconded by Lutz to approve the use of $2000.00 for Hunter Farms Park improvements from the City Park Fund. Motion declared carried 3. POLICE DEPARTMENT Hennepin County Adult Detention Booking Charges Motion by Crosby, seconded by Reiser to adopt Resolution 80-32, opposing Hennepin Counties charging municipalities $58.00 per person booking charges. Motion declared carried Police Negotiating Thomas Anderson reported that a Police negotiating session would be held on Thursday, Nov- ember 20th at 10:00 A.M. s 4. HENNEPIN COUNTY LIBRARY LEASE Motion by Crosby, seconded by Lutz to enter into a 5 year Library for their rental of library space, under the same the following additions and changes: Provision for a 90 day cancellation clause on behalf Provision to negotiate the amount of rent each year. The 1981 rental per month to be $ 284.35. Motion declared carried lease agreement with Hennepin. Co. terms as previous agreement with of the city, after the first year. 5. WEST HENNEPIN HUMAN SERVICES Motion by Lutz, seconded by Reiser to adopt Resolution 80-33, entering into West Hennepin Human Services and to appoint Penny Elsenpeter and Sarah Lutz representatives on the Planning Board. Motion declared carried agreement with as Medinats 6. 1981 SHADE TREE BUDGET Motion by Laurent, seconded by Reiser to approve the following budget for the 1981 Minnesota Shade Tree Program: SANITATION REFORESTATION Personnel $ 1,500 $ Equipment 300 Outside Contracts 500 500 Inkind Contributions Miscellaneous 150 $ 2,450 $ 500 Motion declared carried 7. ELECTION duDGES Donna Roehl requested that Council approve an additional payment of $1.50 per hour to the four election. judges that served as Election Day Chairmen. Motion by Crosby, seconded by Lutz to approve the payment as a bonus to the 4 judges. Motion declared carried 8. HIND VS. MEDINA Richard Schaeffer explained that an agreement had been reached with Ron and Deanna Hind with regards to their claim against the city for brush cutting done by Medina employees along Morgan Rd. He stated that the cities insurance carrier had agreed to pay one half of the amount agreed upon because they had determined the act was not an accident. He advised that it may cost the city more to litigate the case than paying one half of the settlement. He also stated that he had discussed with Ron Duran the need to publish a notice each fall in the legal newspaper setting a Public Hearing to allow property owners the oppor- tunity of expressing opinions on bursh cutting; this would serve notice to residents that such work was to be done. Motion by Laurent, seconded by Crosby to pay $1250 to Ron Hind, Deanna Hind and James Van- der Linden,as Medinats one-half of the settlement due to brush cutting along Morgan Rd. Motion declared carried 9. COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING, 8:05 P.M. Mark Hendrickson of Hennepin County reviewed the outstanding dollar amounts that are avail- able to Medina under prior years allottments and he discussed categories and amounts that had previously been discussed for the 1981, Year VII program. Discussion of reallocating 1980 funds to include Special Assessment assistance for Hamel Sidewalks. Mr. Hendrickson reported that the income guidelines are now set at $18,000. Discussion of increasing Special Assessment assistance for Medina Morningside property owners for the 1981 program. Motion by Crosby, seconded by Lutz to close the Public Hearing. Motion declared carried Public Hearing closed at 8:40 P.M. Motion by Lutz, seconded by Laurent to apply for the following Community Development Block Grant Funds for Year VIZ, 1981: Rehabilitation, $11,000; $7,600,Medina Morningside Special Assessment Assistance; $5,000 Hamel Sidewalk Special Assessment Assistance; $8,547 Hamel Sewer Televising and Repair; $400, Administration. . Motion declared carried 10. BILLS Motion by Crosby, seconded by Laurent to pay the bills; Order Checks #9162-9163 in the amount of $141.96 and Payroll Checks # 6002-6010 in the amount of $3752.31. Motion declared carried 11. PLANNING AND ZONING Michael Vrooman Barn Variance JoEllen Hurr reported that the Vrooman's had begun construction on a barn at 1475 Blackfoot Tr. without first obtaining a building permit; this being the second such incidence recently discovered. She stated that the front yard setback does not meet the requirements. Council requested that the Planning Commission study the recently approved setback require- ments and barn size regulations, for a possible change, so .as to avoid having to deal with variance applications repeatedly. Motion by Crosby, seconded by Lutz to table the Vrooman barn setback variance application until Mrs. Vrooman is able to attend a Council meeting. _ Motion declared carried Ken Parker, Parker Products JoEllen Hurr presented recommendation of the Planning Commission to grant a Conditional Use Permit to Ken Parker to construct an office warehouse on Lot 8, Block 1, Grier Industrial Park. Motion by Crosby, seconded by Laurent to authorize the attorney to prepare a development contract allowing Parker Products to construct an office -warehouse, 50' x 100' on Lot 8, Block 1, Grier Industrial Park, 815 Tower Dr., subject to developer assuring the city that sewer and water will be brought to the property; that attorney and engineering fees will be paid by the developer and that bond covering parking lot and landscaping improvements be posted in the amount of $12,500 with an expiration date of November 1, 1981. Motion declared carried Bruce Dayton JoEllen Hurr presented recommendation of the Planning Commission to grant a Conditional Use Permit to Brace Dayton to store boats at 1602 Homestead Tr. She stated that Mr. Dayton has supplied building plans to the Building Inspector and that Mr. Dayton is requesting permit until June 1, 1981. He has stated that if he wishes an extension he will apply for one at that time. Motion by Reiser, seconded by Lutz to grant a Conditional Use Permit to Bruce Dayton to use buildings located at 1602 Homestead Tr. for "dead" boat storage until June 1, 1981. Motion declared carried Douglas Theis JoEllen Hurr presented recommendation of the Planning Commission to grant a front yard set- back variance to Douglas Theis to construct a 24' x.28' garage at 5342 Hwy. 101. Motion by Crosby, seconded by Laurent to grant a 4 ft. and 10 ft., respective, front yard setback variance to Douglas Theis to construct a garage at 5342 Hwy. 101; hardship being the shape of the lot and attempting to line up garage with existing house; with the assumption that items that are now stored outside will be moved inside of the new structure. Motion declared carried Angel Perez JoEllen Hurr presented application of Mr. Perez to place a construction trailor on Lot 9, B look 2, Medina Industrial Park to be used during construction of a building on the site. Motion by Laurent, seconded by Crosby to grant Angel Perez permission to place a construction trailor on Lot 9, Block 2, Medina Industrial Park, 3575 Kilkenny provided that the trailor is in good repair, located within the confines of the lot lines, a holding tank for waste water is provided, building permit for the permanent structure has been issued and that it be allowed for 6 months or 10 days after building is completed, whichever is first. Motion declared carried. Dockside ThomasTAnderson stated that he would like to poll the Council individually to secure opin- ions regarding various facets of the Dockside development. Following are opinions of the individual councilmembers: Lakeshore setbacks - If lake is considered front yard, 50 ft. if rear yard, 40 ft. - 40 ft. - 40 " - 40 — 75 site including parking, buildings, driveways - - 26,400 Sq. Ft. which the old ordinance allows - - 35% of lot - - 26,400 sq. ft. - - 26,400 " tt 26,400 n maximum would have been 14; 9 - Depends on the sq. ftg. of 10 -12 units Comply with ordinance 10-12 Units Laurent - - Lutz - - Anderson - Crosby - - Reiser - - Hardcover of the Laurent - Lutz - Anderson Crosby - Reiser .- - Number of units, Laurent - - Lutz - - Anderson - Crosby - - Reiser - - - 9 of units relating Laurent - - Lutz - - Anderson - Crosby - - Reiser -.- - Setbacks from Co. Rd. 19 Laurent - - 35 ft. Lutz - - 35 " Anderson - - 35 Crosby - - - 35 Reiser - - - 35 Setbacks from Lakeshore Ave. 32 ft. from 32 " 35 " 35 " — 32 " Size Laurent - Lutz - Anderson Crosby - Reiser - - Best use of land Laurent - - Lutz - - Anderson - Crosby - - Reiser - - Variance for fence Laurent - Lutz - Anderson Crosby - Reiser - Ian AMIN ORS n tt It to number of occupants 17,254 Sq. ft. 17,254 " 1250 sq. ft. per 15,000 sq. ft. Undecided It n edge If tt tt Commercial Yes No No No Yes placement at corner single family dwellings would be allowed building, would allow 2 stories unit x 12 units or 15,000 sq. ft. of blacktop It tt It Multi -family Yes Yes Yes Yes No of Co. Rd. 19 - - Do not grant variance Grant variance Do not grant variance tt n n Open parking spaces, not counting garages Laurent - - - 2 per unit Lutz - - - 1 Anderson 1' Crosby - - 1 Reiser - - - As many as can be provided tt tt Single family No Yes No No Yes and Lakeshore Ave. Following is consensus of Council: Lakeshore setbacks - - - 40 ft. Hardcover - - - - - - 26,400 sq. ft. Number of units - - - 10-12 Size of units - - - 15-17,000 sq. ft. Setbacks from Co. Rd. 19- 35 ft. Setbacks from Lakeshore Ave. - 32 ft. Best use of property - - Multi -family Fence placement - - - - According to ordinance Parking spaces other than garages - - 1 per unit 1.27 Thomas Crosby stated that the consensus of the Council should be'viewed as non -binding, that the City needs tight controls on the design of the project and that the residents want one full unit of hardcover area reduces. This unit could be added as a second story. Anne Theis asked that Council be polled as to what amount of consideration should be given to residents wishes. • Nancy•Laurent stated that Council should weigh what the people have said and that Mr. Spaeth should not be cheated. Sarah Lutz agreed that residents concerns should be heard and Council decide what is best. Thomas Anderson stated that both sides should be heard and that in his opinion Multi -family zoning would be the better situation in view of the numerous problems that have existed in connection with a liquor establishment. Thomas Crosby stated that there have been concerns about the quality of construction and eventual operation; also if Multi -family units were allowed would the area to the north be the next request; also a number of residents wanted the business to remain as a restaurant. William Reiser stated that he was listening to the wishes of the people. Thomas Crosby explained that if the easement problem on the property cannot be resolved then Mr. Spaeth would need to deal with in his planning.• T homas Anderson stated that he did not think the project was dealt with completely out of order. Sarah Lutz explained that she was concerned about not setting a precedent for other areas of the Independence Beach area. Resident, Dean Preston expressed concern about other vacant- properties in the area and what those owners may request be allowed on the property. Resident Robert Franklin asked how far should one go in a residential area. Should one re- zone to something else between a park and a single family residential area. Resident, Arnold 0stlund stated that City Council should be responsible to the entire city and not merely one parcel and asked if rezoning requires an application or a plan for an area. Thomas Crosby asked that Mr.•Spaeth return with his reaction to the Council opinions. John Spaeth presented an estimate of the costs that he has incurred in drawing and redrawing plans and asked to be informed as to where he was at in the process. Attorney Schieffer advised that Council had given guidelines and the developer should decide what do do next. Robert Franklin asked if guidelines were binding and when the plans would again be discussed. Mayor Anderson stated that •these were merely guidelines and that the item would be heard on a regularly scheduled agenda. Dan Quast JoEllen Hurr asked that Council discuss the information that a barn had been constructed on Mr. Quast's property several yews ago, without a building permit, that does not meet the setback requirements. Thomas Anderson advised that if Mr. Quast had built the barn he would need to apply for a variance and should pay a double -fee for the permit. Richard Schieffer explained that if building were constructed recently a criminal complaint could be issued for building without a permit. The applicant could go through the variance procedure and if denied a District Court Judge would weigh the alternatives and make a determination. Thomas Crosby stated that the Planning Commission should rework the setback requirements as the 150 ft. appears to be inappropriate for hobby farms. Meadowwoods Farms Plat Richard Schieffer reviewed the Development Contract and resolution approving the Meadow - woods plat. Discussion of adding an additional item to the resolution that would allow vacation of the Cherokee Rd. cul de sac that will not be needed by the. city after the city accepts the newly completed street. • Dave Hansing reported that Highcrest Dr. has been broken up by the developer's heavy equip- ment and that he should be asked. to refrain from using. Jim Johnston, representing Meadowwoods, stated that he would communicate the request to the job supervisor. JoEllen Hurr asked that they also be directed not to put fill on some of the lots. Dave Hansing stated that he would be -meeting with the engineer of the project and would discuss the matter at that time. Motion by Crosby, seconded by Reiser to adopt Resolution 80-34, approval of the Meadow-. woods Farm plat with the addition of an item (18) regarding vacating Cherokee Rd. cul de sac; with a work completion date of July 15, 1982, bond amount of $160,000 plus.$10,000 for Cherokee Rd. completion, and developers covenants acceptable to the Cities Zoning Administrator. . . Motion declared carried • .Motion by Crosby, seconded by Laurent to amend the subdivision ordinance to indicate that l times the amount of a project be posting with the city to guarantee completion of work. Motion declared carried Mark Orth Thomas Anderson explained that Mr. Orth's variance time limit had lapsed and he had re- quested the Council extend the time so that he could proceed with his cement work and not wait for the Planning Commission meeting in December. JoEllen Hurr.asked that the city. address the concerns of a.neighbor regarding the garage extension being allowed 14 inches from the property line. Thomas Crosby stated that if the property owner was doing what had been approved in Aug- ust of 1979 the Planning Commission should have addressed whether or not he would be allowed to continue and not reconsider the entire application. JoEllen Hurr stated that the city should look at buildings being allowed to close to property lines as it applies to water run-off •from that building. Also the neighbor has stated that he may want some consideration if he decides to do some building, and is the city setting a precedent for three car garages in Independence Beach. Thomas Crosby stated that the city has never penalized an owner for being late in comply- ing with a variance approval. Motion by Crosby, seconded by Reiser to ask that the Planning Commission consider extend- ing the variance and that under the circumstances the property owner should not be penalized for being slow to complete the project. Motion declared carried 12. SANITARY LANDFILL SITE SELECTION Anne Theis, representative of the Pioneer Creek Watershed District on the committee reviewed proceedings of the first meeting. She explained that the 120 members will score sites and that a consulting firm will make a final determination. She had gathered that people in western Hennepin County would argue for preservation of agricultural land. 13. HAZARDOUS WASTE. SITE SELECTION Thomas Anderson appointed Wilfred Scherer to serve as Medina's representative to the Hazardous Waste site selection committee. 14. WOODLAKE SANITARY LANDFILL Motion by Crosby, seconded by Lutz to send prepared letter to Pollution Control Agency regarding concerns of the city with the completed Environmental Impact Statement for Woodlake Landfill expansion. Motion declared carried 15. BONDING Council requested that Clerk secure information from a bonding consultant regarding bonding in the first quarter of 1981 for the Hamel Rd.,Tower Dr. project, the Hamel Sidewalk project and Medina Morningside sewer project. Motion by Lutz, seconded by Reiser to adjourn. Motion declared carried Meeting adjourned at 11:50 P.M. Clerk November 18, 1980