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Home My Public Portal About12/06/77 CCMI94 Thw Council of the city of Medina met in regular session on Tuesday, December 6, 1977 at 7:40 P.M. Members present: Arthur Theis, Acting Mayor; Councilmembers, William Reiser Nancy Laurent, Thomas Crosby; Clerk, Donna Roehl; Planning and Zoning Adm. Jeanne Mabusth; Attorney, Richard Schieffer; Engineer Lyle Swanson. Absent, Mayor, Wayne Neddermeyer 1. MINUTES OF NOVEMBER 15, 1977 Motion by William Reiser, seconded by Nancy Laurent to accept minutes of November 15, 1977, as presented. Motion carried unanimously 2. BUILDING INSPECTING MEETINGS Jeanne Mabusth stated that forms, files and equipment would be needed to organize building inspecting files. Also meetings will need to be arranged with the Orono building inspector. Donna Roehl asked if employees attending meetings outside of regular hours would be reimbursed. Nancy Laurent stated that she would rather have time spent at such meetings traded for regular time -off. Motion by Nancy Laurent, seconded by Thomas Crosby to set the policy that any employee attending meetings at the request of the City Council exchange such time spent for time off regular hours, at the discretion of their superior. Motion carried unanimously 3. PUBLIC WORKS DEPARTMENT Ron Duran presented quotes for tires for 1972 truck, as follows: Hennepin Co.$177.52 each; Firestone, $110.75 ; Wholesale Tire Co. $141.59 He stated that 8 tires would be needed. Motion by Thomas Crosby, seconded by Nancy Laurent to purchase 8 tires from Firestone for $886.00. Motion carried unanimously 4. TORRENS PROPERTY SUMMONS Richard Schieffer introduced Greg Bistram of his law firm, who is working on the summons regarding Independence Beach property owners torrencing prop- erty which may include city roads. Discussion of common law dedication which notes intention to donate to the public either by expressed or implied means and acceptance by the public. He stated that they would continue their work on the summons. 5. SYCAMORE TRAIL, SEWAGE ODOR PROBLEM Ron Duran presented a letter from Waldor Pump including a price on a pump that could be installed in the wet well at Lake Independence to attempt to eliminate the sewage odor problem. Lyle Swanson stated that they could not guarantee that the pump would solve the problem buth various other things have been tried and have not worked. Motion by Nancy Laurent, seconded by Thomas Crosby to purchase pump, blower and motor from Waldor Pump Co. at a cost of $980.00 to be installed by the city in the Indpendence Beach area, cost to be taken from the Independence Beach Construction Fund. Motion carried unanimously 6. PUBLIC HEARING 8:00 P.M.,REZONING Jeanne Mabusth explained Jim Lutz' request to rezone his property from C-2 to allow the construction of apartment houses. There were no comm- ents from the public. Motion by William Reiser, seconded by Thomas Crosby to close the public hearing. Motion carried unanumously Public hearing closed at 8:25 P.M. 195 Members felt that R-2 would be a more restrictive use of the area and would not allow commercial ventures inside the apartment buildings. Motion by Nancy Laurent, seconded by William Reiser to allow the Jim Lutz property on Hamel Rd., as per application, to be rezoned from C-2 to R-2, because: 1. Multiple dwelling use would be an extension of the present use. 2. Present uses available to the property are incompatible with uses south of Hamel Rd. 3. Residential uses are more compatible with Medina's Development Guide. Motion carried unanimously 7. SANITARY LANDFILL SITE SELECTION Sheldon Coplin, Medina's representative to the landfill site selection com- mittee gave a final report on the meetings and final report. He stated that 9 final sites have been selected and will be narrowed to 2 by 1978. He re- ported on the procedures that will be followed in connection with the final site selection and acquistion of the property. Thomas Crosby suggested that members read the entire report and take action on December 20th. Steve Pflaum suggested hay.ng the Zoning Adminstrator discuss the matter with the Park Reserve District. Nancy Laurent stated that she would contact Clifton French as she also wanted to discuss the districts dropping of boat launch charges so that the DNRwill continue stocking Lake Independence. 8. JEFF HOWARD Police Officer Mike Rouillard gave report as follows: There are kennels and pens near the highway, junk cars in the yard, sign ordinance has not been complied with. Emil Jubert, Sign Adm. stated that he had sent Mr. Howard a letter about Oct. loth telling him signs would have to be removed within 10 days and the proper signs installed. Richard Schieffer stated that a court review had been scheduled for Dec. 9th and if he were not complying with the directive of the court the city should go ahead with prosecution. Motion by Thomas Crosby, seconded by Nancy Laurent police report and request that they report to the City attorney before Friday morning Dec. 12th, as to whether or not recommended changes have been made, which report shall I± the report of the City Council. Motion carried unanimously 9. LACROSSE - LAMBKIN DIVISION Mr. LaCrosse presented plans for division of 82 acres into 4 residential par- cels, 1 mile west of the Medina Ballroom on Hwy. 55. Discussion of the road that had been partially completed and construction stopped because division had not been approved nor a land alteration permit secured from the City. Mr. LaCrosse stated that they had gotten an entrance permit from the State. He also stated that he could build a road according to city plans and spec- ifications and then ask for acceptance by the city. Engineer Lyle Swanson stated that it would be difficult to approve a road without engineered plans. Discussion of the private roadway agreement and how enforceable it might be because it is not covered by ordinance. Mr. LaCrosse stated that he had some problems with list and present them to the City attorney. Motion by Nancy Laurent, seconded by Arthur Theis to make a determination as to the challengability Motion carried unanimously Richard Schaeffer stated that he would write a memo fit together. the agreement and would to authorize the AttoLney of the driveway agreement. as to how ordinances i 9 6 10. BLACKFOOT TRAIL, RICHARD BERTHIAUME Discussion of the city accepting Blackfoot Trail pending completion of the road. Richard Schieffer stated that Mr. Berthiaume could enter into a contract guaranteeing completion of the work and post a bond for the work. Motion by Thomas Crosby, seconded by Nancy Laurent to accept Blackfoot Trail in accordance with deed, subject to: Developer entering into contract and posting of a $2000.00 bond or cash; City Attorney to draft documents and hold deed until contract is entered into and appropriate legal fees have been paid. Motion carried unanimously Sheldon Coplin called attention to problems with people using the road and asked that some type of sign be installed. Thomas Crosby asked that this be put on the December 20th agenda. 11. TONY KOST, TAX FORFEIT LOTS Discussion of the procedures involved in assessing of the property. Thomas Crosby stated that is to the cities advantage that such properties are dev- eloped and that assessment procedures should not be insurmountable. Motion by Nancy Laurent , seconded by Thomas Crosby to authorize attorney to examine the Fenholt assessment procedure and adopt Resolution 77-45,r acq- uring land for public purposes. Motion carried unanimously Mr. Kost inquired as to the issuance of variances at some time in the future that would allow him to build on the property. Thomas Crosby stated that this council could not guarantee what the procedure might be at some future date. 12. S.J. GROVES Mary Weinzierl, representing S.J. Groves, presented a plan whereby property owned by the City, for park purposes on Co. Rd. 24 and Hunter Dr. could be exchanged for proeprty north of Holy Name Lake, owned by Michael Scherer. She stated that they would be willing to pay fees of up to $250.00 for the attorney to study the legality of trading or selling this particular park property. Motion by Thomas Crosby, seconded by William Reiser to authorize the attorney to study dedication of the present park in the Tally Ho Farms plat, as to selling or trading for other properties, charges not to exceed $250.00. Motion carried unanimously Steve Pflaum suggested looking at lakeshore property such as is owned by Holy Name Church. Thomas Crosby stated that exploring such a possibility should be considered. 13. AHLM PLAT Members suggested that plans be redrawn showing a more realistic division. 14. NORTHWESTERN BELL TELEPHONE CO. Motion by Willima Reiser, seconded by Thomas Crosby to adopt Resolution 77- 46, allowing for burial of cable on Hamel Rd. from Sioux Dr. to Pinto Dr. Motion carried unimoulsy 15. ORDINANCE REGARDING MOVEMENT OF VEHICLES ON CITY STREETS Mot ion by Nancy Laurent, seconded by Thomas Crosby to adopt Ordinance No. 167, regarding movement of vehicles on city streets. Motion carried unanimously 16. LORETTO POLICE CONTRACT Motion by Thomas Crosby, seconded by Arthur Theis to increase policing fees for Loretto by 10% for 1978 to $8052.00 and to present them with new contract Motion carried unanimously 17. BYINGTON, EMBRETSON AND ERICKSON PLATS Motion by William Reiser, seconded by Nancy Laurent to hold public hearings on the above plats on December 20, 1977 at 8:00P.M.,8:05P.M., 8:1OP.M., respectivly. Motion carried unanimously 197 18. COMMUNITY DEVELOPMENT PUBLIC HEARINGS Motion by Thomas Crosby, seconded by William Reiser to hold public hearings for 1978 Community Development Funding on December 20th at 8:15 P.M. and January 3, 1978 at 8:00 P.M. and to comply with the law regarding the sending of notices to the public. Motion carried unanimously 19. PLANNERS CONTRACT Richard Schieffer stated that he had discussed the recommended changes with the planner and they were agreeable. He would forward a revised agreement to the planner for signing. 20. BUILDING INSPECTING CONTRACT Richard Schieffer explained that the contract could be terminated by either party at any time. He inquired as to who would be doing what inspecting and what rates the city would be charging. Jeanne Mabusth stated that she would be having a meeting with Alan Olson of Orono to discuss various matters. 21. METROPOLITAN ANIMAL PATROL CONTRACT Motion by Thomas Crosby, seconded by Nancy Laurent to enter into contract with Metropolitan Animal Patrol for 1978. Motion carried unanimously 22. ROBERT HOSP, SAC CHARGES Motion by Thomas Crosby, seconded by William Reiser to refund Robert Hosp $375.00 for SAC charges mistakenly collected, as he is not in the sewer service area. Motion carried unanimously 23. ORONO COMMUNITY EDUCATION Motion by Arthur Theis, seconded by Thomas Crosby to enter into contract withOrono Community Education for 1978 and agree to pay them $269.30. Motion carried unanimously 24. PLANNING AND ZONING INSTITUTE Motion by Thomas Crosby, seconded by Arthur Theis to allow the Planning and Zoning Adm. and 2 Planning Commission members to attend the Planning Institute on Dec. 15 and 16 at a cost of $30.00 each. Motion carried unanimously 25. COLONIAL DRIVE IN Motion by Arthur Theis, seconded by William Reiser to acknowledge receipt of letter from Holy Name Church and Father Spier and to discuss when licensing of theatre is brought before the council. Motion carried unanimously 26. RUSSEL BOULEY, BUILDING INSPECTOR Discussion of Mr. Bouley's pay voucher for $5000.00 for 1977. Thomas Crosby asked for information as to number of permits issued during 1977 and a list of work done by other city employees. Discussion of deduct- ing an amount from the $5000.00 to cover this work. 198 27. BILLS Motion by Thomas Crosby, seconded by William Reiser to pay the bills: Order checks # 7071-7131 in the amount of $87,630.57 and Payroll checks # 4 710 -- 4 7 42. in the 'amount 'o f $ 7 , 7 7 4.21. Motion carried unanimously 28. FIRE DEPARTMENT BUDGET Tabled until December 20th'. 29. AUDITOR Appointment of auditor tableduntil December 20th Motion by Thomas Crosby, seconded by William Reiser to adjourn. Motion carried unanimously Meeting adjourned at 12:30 A.M. Clerk Mayo t ORDER ClitCKS - DECEMBER 6, 1977 7071 7072 7073 7074 7075 7076 7077 7078 7079 7080 7081 7082 7083 7084 7085 7086 7087 7088 7089 7090 7091 7092 7093 7094 7095 7096 7097 7098 7099 7100 7101 7102 7103 7104 7105 7106 7107 7108 7109 7110 7111 7112 7113 7114 7115 7116 7117 First National Bank of St. Paul 7118 American National Bank & Trust 7119 Metro Waste Control Commission 7120 Minnegasco 7121 Northern States Power 7122 Stevens Well Drilling Co. 7123 Paul Ogland 7124 Elk River Concrete Products N. W. Henn. League of Municipalities Schieffer & Carson Crow River News McCombs -Knutson Twin City Testing Woodlake Sanitary Landfill Wright -Hennepin Electric Wayzata Sheet Metal Works Loretto Feed & Seed Henn. Co. Finance Division Henn. Co. Sheriffs Dept. General Communications, Ino. Amoco Oil Co. Charles Hoover Jet Quick Printing Robert Anderson BNA Books Loretto Auto Repair Donna Roehl Harris Office Equipment Farmers State Bank of Hamel Royal Typewriter Co. / Hamel Fire Dept. Ray Hoosier Neddermeyer Service Towns Edge Ford Long Lake Engine Rebuilders Ziegler, Inc. Mobile Oil Credit Corp. VOMD Rettinger Bros. Oil Co. Don E. Mayer, Inc. Diamond Crystal Salt Co. George Moran Trucking Hennepin Co-op Seed Exchang�a W. G. Pearson, Inc, t Bury & Carlson St. Regis Paper Co. Wilfred Scherer Midwest Wholesale Tire Safety-Kleen Corp. Reynolds Welding Supply Viking Industrial Center Leef Bros. Inc. Hamel Lumber & Supply Fortin Hardware Co. r r 18.36 1,589.32 57.98 537.55 25.00 14.00 150.65 134.28 7.20 30.00 1,454.00 28.05 33.51 49, 5T 36:9 213.00 3.00 342.40 5.00 57.00 6.11 33.50 50.00 51.47 16.00 66.90 464.25 4.61 303.49 20.40 484.20 1,267.57 e 232.80 f� 31.45 y 256.08 1. 194.114 29.05 #.4 15.00 202.14 a4.50 6.00 51.40 5.00 342.65 95.16 93.65 74,741.54 793.82 12.84 466 497.35 33.75 36.00 120.53 DECEMBER ORDER Clo:CKS CONT'D 7125 Water Products Co. 101.78 7126 Steco Supply Co. 290.99 7127 Minnetech, Inc. 120.30 7128 Northwestern Bell Telephone 93.80 7129 P.E.R.A. 669.48 7130 State of Minnesota - Social Security 287.97 7131 Long Lake Ford Tractor 86,914.49 716.o8 87,630.57 PAYROLL CHECKS - DECEMBER 6, 1977 4710 Thomas Crosby 50.00 4711 Nancy Laurent 50.00 4712 William Reiser 50.00 4713 Arthur Theis 50.00 4714 Wayne Neddermeyer 70.00 4715 Charles Hoover 463.42 4716 Jerome LaFond 405.22 4717 Michael Rouillard 383.16 4718 Robert Anderson 109.71 4719 Robert Dressel 345.37 4720 Ronald Duran 367.99 4721 LeRoy Giese 295.68 4722 Paul ogland 290.37 4723 Richard Krotzer 65.00 4724 William Rudolph 350.00 4725 Donna Roehl 359.50 4726 Verna Hoover 63.00 4727 Donald DesLaurters 200.00 4728 Ray Hoosier 540.00 4729 Sylvia Rudolph 160.63 4730 Jeanne Mabusth 349.33 4731 Ronald Reiser 11.25 4732 Physicans Health Plan 25.06 4733 Western Life Ins. Co. 33.42 4734 Director of Internal Revenue 800.30 4735 Commissioner of Taxation 453.50 4736 State of Minnesota - Social Security 287.97 4737 P.E.R.A. 461.34 4738 Scott Mabusth 12.50 4739 Robert Dressel 4740 Ronald Duran 4741 LeRoy Giese 4742 Paul Ogland 7,103.72 176.56 195.68 151.65 146.60 7,774.21 fC))1r1 f(it \ TO: Medina City Council FROM: Jean Mabusth, Zoning Administrator RE: Use of Agricultural Buildings Prior to the advent of residential housing construction, the City of Medina was a rural, agricultural community and much of the community today consists of land which is being used for commercial agriculture.. Since much of the City lies outside the Urban Service District, and since the entire thrust of the City's Comprehensive Guide Plan contemplates the preservation of the rural and agricultural nature of the City, it is unlikely that the present character of the community will drastically change in the foreseeable future. The size of a typical farm ranged from 80 to 160 acres and many of these typical farms were improved with not only a residential dwelling, but one or more large barns, sheds and outbuildings. As the economics of agriculture have dictated larger and larger acreages over the years, many of the smaller farms were consolidated into larger parcels and many of the farmsteads are now being occupied for largely residential purposes. The result, often is that large buildings stand empty and in many cases fall into disrepair since it is no longer economically feasible to paint, repair and maintain these buildings. Due to the proximity of the City to actively used recreational lakes such as Lake Independence and Lake Minnetonka, there is an increasing demand for winter boat storage facilities in and around the City of Medina. Many of the 1. large agricultural buildings are easily adaptable to boat storage. If proper provision is made for access, for indoor storage, for screening from residential development, for control of noise, dust, and vehicular traffic, these agricultural buildings can be effectively used for boat storage without disrupting the residential/agricultural characteristics of the community. It is recommended, therefore, that the City Zoning Code be amended to permit the storage of boats in existing agricultural buildings by special use permit with the provision that the permit be automatically terminable at the end of a short period of time. This is necessary since a barn which is standing isolated at the present time, may be surrounded by residential dwellings at some time in the future, causing the boat storage facility to be incompatible with the residential use of the community. Since it is recognized that residential use will eventually become the predominent use, the holder of the special use permit must be on notice that the special use permission must give way to the residential use once that kind of development occurs. For this reason, it is recommended that one of the conditions attached to any approval be that the applicant enter into a contract with the City which limits the boat storage use to a three year period of time. Jean Mabusth, Zoning Administrator City of Medina Dated: October 13, 1977