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HomeMy Public PortalAbout12/03/74 CCM71 The Council of the City of Medina met in regular session on Tuesday December 3, 1974 at 7:40 P M Members present: Mayor Wayne Neddermeyer, Councilmen: Donald DesLauriers Arthur Theis, Robert Franklin, Thomas Stevens Clerk, Donna Roehl Motion by Donald DesLauriers, seconded by Robert Franklin to suspend with the reading of minutes and approve with the correction on Page 69, Item No. 8 amount to be 53500.00 Motion carried unanimously 1. ROBERT HEBZYNSKI, CUNNINGHAM PROPERTY Robert and Constance Hebzynski appeared requesting information regarding requirements that must be met in connection with purchase of Cunningham property on Lake Independence. Attorney read stipulations of existing agreement and stated that new agreement could be drawn up for approval by Judge Nicholson. Motion by Robert Franklin, seconded by Arthur Theis, that in the event the Hebzynski's become owners of the property the city attorney is authorized to amend agreement to the effect that if other requirements are met and property is kept in good repair, the found- ation repair deadline shall be August 1, 1975, septic system deadline, July 1, 1976, pro- viding there be no occupancy without septic system until tl-:at time. Motion carried unanimously 2. SUBURBAN HEALTH NURSING SERVICE Hilda Boyle explained home visits and clinics and fee requirements. Also that there had been 97 home visits in Medina in 1973 and 34 thus far in 1974. Non public schools are visited once a month and more if needed. Well child clinics are also attended by local residents. Shelia Bjorklund explained procedures followed regarding initial and follow-up visits and cited examples of cases t'ey had handled during the year. Also the fee schedule if patients are in position to pay. Motion by Robert Franklin, seconded by Thomas Stevens to pass Resolution 74-23 (attached herewith) regarding Medina"s participation in the Hennepin County Nursing Service for 1975. Mayor polled members and all "Aye" votes were recorded. 3. ACCOUSTICAL FLOORS INC., CLYDE JORGENSON Mr. Jorgenson presented plans and stated that he had leased land from the Soo Line R.R. and would like to erect a 35 x 90 ft. all steel building on the property. Anne Dorweiler explained that a special use permit would be necesFary because the warehouse would be in a C-2 district and also 2 variances would need to be granted, one for parking facilities and one because building would be almost on lot line in rear of building and on lot line on South side. Also a performance bond should be posted guaranteeing proper paving of parking spaces and driveway. Motion by Robert Franklin, seconded by Donald DesLauriers to grant a special use permit to Accoustical Floors Inc. for warehouse building on the Westerly 50 ft. of Station Lot 22, all of Station Lot 24'and that part of Station Lot 26 lying easterly of the East line of State Highway 101. And due to hardship and impracticallity in using an extra small parcel grant a variance to permit minimum of 3 paved parking stalls and variance to waive platting. Such variances to run for as long as building is used for storage only. Development in accordance with 2 pages of plans presented December 3, 1974. Also Accoustical Floors, Inc. to post a 12000.00 bond to guarantee completion of paving of parking lots and driveway. Work to be completed by July 1, 1975. Motion c rried unanimously 4. PAT RASKOB Ms. Raskob requested 2 old steel road markers that are no longer being used by Medina. Motion by Robert Franklin, seconded by Donald DesLauriers to give her the signs. Motion carried unanimously 5. ANNE DORWEILER GREENTREE WEST Ms. Dorweiler stated that Plymouth had approved plat and she had received a letter 72 proposing to construct Brockton Lane. She in turn had written to Mr. Goldberg stating that there is no dedicated right of way. Motion by Robert Franklin, seconded by Arthur Theis to refer matter to City attorney. Motion carried unanimously JOE RASKOB AND FIDEL THESIS LAND DIVISION Ms. Dorweiler presented request for land division which would cut out a 1 acre piece of property out of approximately 9 acres, plus a 30 ft strip along the Soo Line R.R. Motion by Donald DesLauriers, seconded by Thomas Stevens to deny the request as presently presented and ask for a clarification of the proposed division. Motion carried unanimously LAND ALTERATION PERMITS Ms. Dorweiler stated that land alteration permits had been granted to Dale Elijah and Dockside Inn and that an application of S.J. Groves had been rejected because it would block a creek and back up water next to City park land. She had talked to John Holmquist of the Minnehaha Creek Watershed District and he said that they may persue a former Groves land alteration for which no permit had been issued. Robert Franklin stated that an ordinance is needed to clarify land alteration. PEABODY ROAD City Attorney reported that the four parties to the Peabody land division, Peabodys, Kyllonens, Meyers and Petersons had signed the agreement but that Mr. Peabody had not provided a legal description of the property which he wishes to have made a part of the agreement. Legal description submitted included portion of the Peabody farm which lies northerly of the portion to he made a part of the agreement and same agreement cannot be completed until accurate legal description is received. Also the $300 platting fee must be paid before agreement approval. It was also reported that a road had been constructed on the property but that the loca.ti-n of the road had not been approved by the Planning Commission, as required by the resolution approving the land division. Motion by Rohert Franklin, seconded hy Donald DesLauriers to instruct Bldg. Insp. not to is ue permits until driveway is arnroved, the n3n0 fee paid, agreeFT om eted and building applicants appear before council. Motion carried unanimou S�B Discuss ono engineer's letter regarding locrtion of road. Clerk was instructed to contact TLr. Crosby for information as it appears that utility poles are located on the center line. FLOOD INSURANCE Motion by Robert Franklin, seconded by Arthur Theis to direct Zoning Administrator to send simple letter of appeal to HUD regarding Medina's participation in the Flood Insurance program and at a later date draft a detailed report regarding Medina's flood hazards. Motion carried unanimously HOLY NAME LAKE ESTATES Ms. Dorweiler stated that a Planning Commission hearing at the preliminary plat stage of proposed subdivision will be held on December 16, 1974. 6. JIM HART Mr. Hart presented application for a 3.2 non intoxicating malt liquor license for a pizza restaurant which will be located in a portion of the building owned by the Chippewa Corp. and which is partially occupied by Auto Body Rebuilders. He explained plans and past operating information. City attorney advised that Police Chief should investigate before issuance of license. Russ Bouley, building inspector explained that mixed occupancy will be a problem and that no building permits have been issued. Council referred the Occupancy problem to the Building Inspector, Parking facilities to Zoning Administrator and license investigation to Chief of Police. 7. RUSS BOULEY Mr. Bouley presented information regarding additional doors and fire blocking that will be necessary at Medina Lanes. Also they will need to furnish statements to Medina dnd the State that installation of doors will not weaken structure. 73 8. ELM CREEK AGREEMENT Motion by Robert Franklin, seconded by Arthur Theis to adopt Resolution 74-24 (attached herewith) Motion carried unanimously Motion by Donald DesLauriers, seconded by Thomas Stevens to appoint George Wyse to be Medina's representative on the Elm Creek Commission for a 2 year term. Motion carried unanimously 9. LORETTO POLICE CONTRACT Motion by Arthur Theis, seconded by Dondal DesLauriers to enter into the amended agreement (attached herewith) with the City of Loretto to contract for police protection with Medina for 1 year. Motion carried unanimously 10. DON STOTTS ROAD Mr. Schieffer presented a draft resolution designed to establish a public hearing to consider vacating of any unused portions of Tamarack Dr. as presently constructed. He further noted that the center line of the existing newly constructed roadway would need to be surveyed and the City Engineer revealed that the cost would be at Least 200. Also that the present road- way was constructed over an undertermined amount of peat and as such would have a life of 20 to 30 years. It would then have to be reconstructed by excavating the peat and filling with granular material. He had advised that the road be constructed on the 4 rod easement, 2 rods on either side of line dividing Stott's property from Comm. Health & Welfare Council. nderothur hcsonnenhere ucdlben he g glaR beestn.at this time. Discussion 1. HENNEPIN COUNTY SHERIFF' PATROL Motion by Robert Franklin, seconded by Donald DesLauriers to adopt Resolution 74-25 (attached herewith) regarding County Commissioners proposed cutting of services by Sheriff's deputies. Clerk was instructed to supply news media and surrounding communities with copies of resolution. Motion carried unanimously 12. ROAD MAINTAINENCE SALARIES City attorney stated that a municipality can not pay retroactive sick leave which is not agreed to in advance. Motion by Robert Franklin, seconded by Donald DesLauriers, that under the advice of attorney we set up the following policy regarding sick leave. 1. A11 full time employees, upon certification of Council are entitled to accumulate sick leave at the rate of 1 day per month to a maximum of 60 days beginning October 1, 1974 2. A11 half time employees upon certification of Council, are entitled to accumulate sick leave at the rate of 2 day per month to a maximum of 30 days, beginning October 1, 1974 3. Full time employees hours shall be 170 hours per month or more and half time employees hours shall be 80 hours or more per month 4. Police employees credited with sick leaved accumulated to December 1, 1974and build from there. Motion carried unanimously Motion by Donald DesLauriers, seconded by Robert Franklin, to retract motion of meeting of October 8, 1974 regarding Sick Leave Policy ( Page 65, Item 1) on advice of City attorney. Motion carried unanimously Motion by Donald DesLauriers, seconded by Thomas Stevens, to certify Leo Leuer and Ronald Duran as full time road employees; Charles Hoover, Michael Rouillard, and Jerome LaFond as full time police officers; and Donna Roehl and Jerome Stumpf as half time employees. Motion carried unanimously 74 HOLIDAYS: Motion by Donald DesLauriers, seconded by Thomas Stevens to extend the Police policy to include all full time employees, with regards to Holidays, beginning with Christmas, 1974. (Police policy detailed on page 111 of 1973 minutes) Motion carried unanimously VACATION: otion by Donald DesLauriers, seconded by Arthur Theis to extend Police policy to nclude all full time employees, with regards to Vacations, beginning January 1, 1975, at the following rate: 10 Days after 1 full year; 2 weeks after 2 years; 3 weeks CL.(1after 10 years. rMotion carried unanimously ROAD MAINTAINANCE WAGES: Motion by Robert Franklin, seconded by Donald DesLauriers, to increase present full time wages by 50 cents an hour with time and a half after 40 hours. Motion carried unanimously POLICE WAGES: Motion by Robert Franklin, seconded by Arthur Theis to increase police department salaries by approximately 6 % or to the following amounts: Charles Hoover--$1030.00 per month; Jerome LaFond--$874.50 per month; Michael Rouillard--$742.00 per month for the first 4 month of 1975 and $795.00 after April, 1975. Motion carried unanimously Motion by Robert Franklin, seconded by Thomas Stevens to raise salary of Ray Bosch to 4.50 per hour Motion carried unanimously Motion by Robert Franklin, seconded by Thomas Stevens to allow $200.00 clothing allowance to full time and $75.00 to part time police employees per year. Motion carried unanimously 13. DONNA ROEHL Ms. Roehl requested approximately 1 week of time off, without pay, in January with Sylvia Rudolph replacing her in the office during that time. Motion by Robert Franklin, seconded by Arthur Theis to allow Ms. Roehl time off under the above conditions. Motion carried unanimously 14. ORDINANCE AMENDMENTS Discussion of holding public hearings in January regarding amending the Zoning Code and the Sewage Disposal Code. Motion by Robert Franklin, seconded by Donald DesLauriers, to advertize for a public meeting on January 21, 1975 at 8:30 P M to consider above mentioned amendments. Motion carried unanimously 15. 2 MEETINGS PER MONTH Motion by Robert Franklin, seconded by Donald DesLauriers to have city council meetings on the first and third Tuesdays of each month Motion carried unanimously 16. HENNEPIN COUNTY TRANSPORTATION BOARD Discussion of delegate appointment to Hennepin County Transportation Study Board. Planning Commission will be asked to suggest delegate and Donald DesLauriers will attend any meetings in the interim. 17. METRO PARKS Motion by Robert Franklin, seconded by Thomas Stevens to adopt Resolution 74-26 (attached herewith) concerning Open Space development policy plan of the Metropolitan Council. Motion carried unanimously 7 5 18. SEWER BOUNDARIES Motion by Robert Franklin, seconded by Thomas Stevens to hold a public hearing on j.e,nLary 21, 1975 at 8:00 P M to change sewer district boundaries to include Independence Beach ,. and Morris T. Baker Park and to exclude another designated area in the city. Motion carried unanimously • 19. INDEPENDENCE BEACH CENTRAL SEWERS Motion by Robert Franklin, seconded by Arthur Theis, to adopt Resolution 74-27 (attached herewith) regarding installation of central sewer system at Independence Beach. Motion carried unanimously Motion by Donald DesLaurie,:s, seconded by Thomas Stevens to inform engineer to limit cost of updating sewer project information to $50.00. Motion carried unanimously 20. COLONIAL DRIVE IN Report by Donna Roehl that R.D. Miller of Poll ution Control Agency ahs informed North- west Cinema Corp. that they are in violation of sewer ordinances and have 10 days in which to reply. Also a letter from Medina has been sent to them informing them that their license will not be renewed until such time as they connect sewage disposal facilities to the city sewer system. Motion by Donald DesLauriers, seconded by Thomas Stevens, to set license fee of North- west Cinema Corp. for Colonial Drive In at $500.00 Motion carreid unanimously 21. HOLY NAME YOUTH GROUP DANCE Motion by Thomas Stevens, seconded by Robert Franklin to grant permit to above mentioned group to hold a dance at the Holy Name School on December 14, 1974. Motion carried unanimously 22. BUDGET Budget changes were cited and motion by Robert Franklin, seconded by Thomas Stevens to approve budget as amended. Motion carried unanimously 23. RELEASE OF OLD VILLAGE HALL PROPERTY Motion by Thomas Stevens, seconded by Donald DesLauriers to adopt Resolution 74-28 (attached herewith) regarding release of old village hall property to Christine Piper. Also Quit Claim Deed that was presented to be signed. Motion carried unanimously 24. RICHARD SCHIEFFE.R, ATTORNEY ITEMS PLEA BARGAINING Mr. Schieffer explained to council the procedures involved in plea bargaining. He also stated that he prefers to work with police chief regarding discussion of pending cases., HOLASEK VS. MEDINA Report by Robert Franklin on Mr. Schieffer's arguments before the Supreme Court regarding the above case. Mr. Schieffer felt thal. the 3 judges were very receptive to our point of view and it would take about 10 weeks for them to reach a decision. 25. BILLS Motion by Arthur Theis, seconded by Donald DesLauriers to pay the bills. Order checks in the amount of $8591.57 and Payroll in the amount of $7629.22. Motion carried unanimously 76 2,4. CAST IRON PIPE SETTLEMENT � City has been notified that the District Court of Alabama has announced final settlement in regards to anti-trust suits brought against numerous Cast Iron pipe companies. • 27. HAMEL SEWER AND WATER EX`1INSION Medicine Lake Bus Company is requesting to pay their assessment for sewer and water extension project but engineer will need to give complete project report before a hearing can be set up. Discussion of members as to hiring of engineer for 1975, also if Russ Bouley intends to continue as building inspector. After reading polio reports concerning the 55 Club it was decided to discuss at the January 7, 1975 meeting and set a date for a hearing at that time. Motion by Robert Franklin, seconded by Donald DesLauriers to adjourn. Meeting adjourned at 2:20 A M ATTEST: Donna Roehl, Clerk December 3, 1974 Wayne Neddermeyer, Mayor