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