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HomeMy Public PortalAbout03/17/1987 CCM31 9684 9685 9686 9687 9688 9689 9690 9691 9692 9693 9694 9695 9696 9697 9698 9699 9700 9701 9702 9703 5636 5637 5638 5639 5640 564Y' 1039 SG 41- PAYROLL CHECKS - MARCH 17, 1987 Jill Hodapp Richard Rabenort Michael J. Rouillard Robert Skoro James Dillman Robert Dressel Francis Pumarlo Karen Dahlberg JoEllen Hurr Donna Roehl Laura Skarda Sandra Larson Darrel Burke Jennifer Larson Carolyn Smith Hennepin Co. Child Support Farmers State Bank of Hamel Commissioner of Revenue P.E.R.A. Social Security Retirement Div. ORDER CHECKS - MARCH 17, 1987 P.E.R.A. Farmers State Bank Polar Chevrolet State Treasurer First Trust P.E.R.A. of Hamel(S.C.) REVENUE SHARING CHECK Polar Chevrolet $ 812.08 1,063.36 523.66 609.61 997.87 815.47 637.40 518.14 911.62 911.62 49114 361.46 60.36 30.16 47.75 423.00 1,435.78 680.34 687.45 593..32 $12,611.69 WRZW1aVOID 5993.-32 2,151.08 15.00 15,370.00 $19 894,711.51 94 661 MARCH 17 imV4.66 J00. 00 39 The Council of the City of Medina met in regular session on Tuesday, March 17, 1987 at 7:30 P.M. Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, Anne Theis, Robert Mitchell, Stephen Schmit; Clerk -Treasurer, Donna Roehl; Public Works Dir- ector, James Dillman; Attorney, Ron Batty; Engineer, Glenn Cook 1. MINUTES OF MARCH 3, 1987 Donna Roehl stated that Item 11, Page 30 should be amended to order project, plans and specifications along with taking of bids on Hamel Water Tower. Moved by Mitchell, seconded by Theis to approve minutes of March 3, 1987 with the correction as noted by the Clerk. Motion declared carried 2. ADDITIONAL AGENDA ITEMS Moved by Theis, seconded by Mitchell to discuss the following additional items: Payment of Hennepin County Agriculture Society for Hennepin County Fair Hiring of appraiser for Special Assessment Appeals Roadside clean-up payment to Holy Name School to include $150 from Woodlake Motion declared carried * CONSENT AGENDA *3. ROAD MAINTENANCE MA1ERIAL BIDS Moved by Scherer, seconded by Theis to authorize that bids be taken on April 7, 1987 at 10:00 A.M. for road maintenance materials. Motion declared carried *4. WRIGHT-HENNEPIN ELECTRIC Moved by Scherer, seconded by Theis to adopt Resolution 87-16, allowing Wright -Hennepin Electric to construct electrical lines in Holly Bush Hills Subdivision. Motion declared carried * Moved by Scherer, seconded by Theis to adopt Resolution 87-17, allowing Wright - Hennepin Electric to construct electrical lines in the Windance Subdivision. Motion declared carried *5. HOLY NAME SCHOOL ROADSIDE PICKUP Moved by Scherer, seconded by Theis to pay Holy Name School $150. from city funds along with $150 from Woodlake Landfill, for the purpose of roadside clean-up in Medina on a date to be decided. Motion declared carried *6. REVENUE SHARING ACCOUNT Moved by Scherer, seconded by Theis to close out the Revenue Sharing Checking Account in the amount of $9363.92, by payment to Polar Chevrolet. Motion declared carried *7. WALLACE DOERR SUBDIVISION p(1onkry Moved by Scherer, seconded by Theis to adopt Resolution 87-18, approving the subdivision of Wallace Doerr property on Co. Rd. 116. Motion declared carried *8. ED YOUNGER, SUBDIVISION Moved by Scherer, seconded by Theis to adopt REsolution 87-19, approving the subdivision of the Ed Younger property on Willow Dr. and Co. Rd. 24. Motion declared carried * 9. ALFRED MERZ, LOT LINE REARRANGEMENT Moved by Scherer, seconded by Theis to adopt Resolution 87-20, approving the lot line rearrangment for the Alfred Merz property on Tamarack Dr. Motion declared carried * 10. HARRY AND BERNICE SIPE Moved by Scherer, seconded by Theis to adopt Resolution 87-21, approving the Harry and Bernice Sipe Subdivision on Co. Rd. 11. Motion declared carried 11. MULTIPLE SCLEROSIS SOCIETY Moved by Scherer, seconded by Schmit to approve the issuance of a Gambling License to the Multiple Sclerosis Society to conduct Pull -Tab Gambling at Medina Ballroom for the 1987-1988 license period beginning April 1. Motion declared carried 12. GARBAGE HAULING FEES Jerry LaPlant of LaPlant Sanitation explained that the 5% increase he had included in his escalation clause for 1987-88 rates was not sufficient to pay for the increase in landfill dumping fees. He stated that he had 204 customers rather than 300+ that had been estimated by the city in 1986. He reported that the $2.06 increase was the highest that it had been in the 15 years he had been in business. He stated that if Council was going to uphold his contract then every contract should be upheld and Woodlake should not be allowed to increase their fees. Robert Mitchell stated that Woodlake had been allowed to add an escalator clause to their contract as a result of the Council meeting at which the contracts were approved. He explained that in the future the city would need to be more careful when contracts were approved. Stephen Schmit stated that he did not think the request was unreasonable as LaPlants can document the reason for the increase that is being requested. Ron Batty stated thatLaPlant could be allowed an increase if Woodlake was - to be allowed an increase. Moved by Mitchell, seconded by Scherer to allow an increase in garbage hauling fees according to the escalator clause and documentation as to the increase in landfill tipping fees. Rates for 1987-88 shall be $9.35 for LaPlant Sanitation; $9.54 for Woodlake Lanadfill and Randy's Sanitation. Motion declared carried Aio - Ande-eton 13. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, YEAR XIII, PUBLIC HEARING, 7:55 P.M. Donna Roehl explained that $8840.00 remains in the Year XII account for use on resur- facing streets in Independence Beach. She stated that the Independence Beach area qualifies under the low and moderate income guidelines and that JIm Dillman would like to continue the program in that area. James Dillman stated that about one -tenth of the streets in Independence Beach had been resurfaced with funds from Year XI. Moved by Scherer, seconded by Theis to close the Public Hearing. Motion declared carried Public Hearing was closed at 8:00 P.M. Moved by Theis, seconded by Scherer to adopt Resolution 87-22, participation in Year XIII of the Community Development Block Grant Program with the total allocation of $11,116 to be used for Independence Beach street resurfacing. Motion declared carried 14. HENNEPIN COUNTY AGRICULTURE SOCIETY Moved by Theis, seconded by Scherer to contribute $50.00 to the Hennepin County Agri- culture Society to be used for Hennepin County Fair purposes. Motion declared carried 15. HENNEPIN COUNTY 116 EXTENSION Robert Mitchell explained that he opposes the extension of County Road 116, but believed that an alternate paving program would be more feasible. He stated that Council would need input from the Engineer and Financial Consultant and because there are fewer property owners on Willow Dr. and Medina Rd. Council owuld need to discuss the matter in detail. Wilfred Scherer stated that the work of the road crew is limited because there are only two employees and that the work would need to be contracted. 3 3 4 Robert Mitchell stated that the County would not build the road for at least five years the city paving work might be done sooner. Thomas Anderson asked how long after a referendum is passed are the results applicable. Ron Batty stated that he did not know the answer but could find it, if needed. Anne Theis stated that the city should not jeopardize its financial posistion and that traffic does not care if a good paved road is a county or city road. Stephen Schmit asked what the plan would be if a referendum failed. Wilfred Scherer stated that Co. Rd. 116 would then be built. Thomas Anderson explained that Co. Rd. 116 has been in the cities Comprehensive Plan and that the alignment to Co. Rd. 24 had been previously approved with the only approval still needed being that to the Orono boundary. He stated that he appreciated the letters from everyone and that he would be willing to study a compromise if one were financially feasible. He asked Wilfred Scherer and Robert Mitchell to research the matter. Anne Theis stated that she had spoken to the County Highway department who had told her that safety is a big factor in constructing roads with hills cut down and curves straight- ened. Thomas Anderson stated that South Willow Dr. had been completed by Hennepin County and those living to the north are also 1Qolg to the County to construct a road. He stated that if a referendum were held, and Ted, he would supportthe county 116 route. Stephen Schmit stated that representatives of the community should be included in a study. Moved by Mitchell, seconded by Scherer to table action on the Co. Rd. 116 matter until April 21st with Wilfred Scherer and himself to report back to Council on the feasibility. both financial and from an engineering viewpoint, on a referendumto complete Medina Rd., Willow Dr. and Hamel Rd. Motion declared carried 16. PERFORMANCE STANDARDS Thomas Anderson stated that he did not like the percentage requirements in the Standards and that no provision had been made for pole buildings complying with the ordinance. Ron Batty stated that the best compliance standards, as practical, had been prepared, with a combination of siding and other conditions. Thomas Anderson stated that there is a certain amount of unfairness involved because the structures being questioned were built under old city regulations. He asked if some language should be included for small commercial buildings having metal lap siding and he asked what was meant by the discretionary portion of the standards. Ron Batty stated that the Zoning Administrator has some discretion, followed by the the Planning Commission and then City Council. Moved by Mitchell, seconded by Theis to table action on the Performance Standards until April 7th, for comments by staff regarding Council concerns. Motion declared carried 17. MINNESOTA EXTERIORS, CONDITIONAL USE PERMIT Glenn Cook stated that the DNR and the Elm Creek Watershed Commission do not agree on the Minnesota Exteriors proposal regarding construction with regards to the flood plain. Art Hoge, Contractor for Mlnnesota Exteriors, stated that they had plans to floodproof the building. Glenn Cook stated that their floodproofing plans do not comply with the cities ordinance and that they should commence with a variance application while someone from the Council meets with the Elm Creek Commission to determine what their rationale is for compliance requirements. Mr. Hagen stated that he had reviewed the ordinance and could not find that a variance was required if the building is constructed according to the State Building Code which would include floodproofing. Building Inspector, Loren Kohnen, stated that the city ordinance does not allow for a variance from the flood plain ordinance and that he approves of the proposal of MinnesotE Exteriors. Ron Batty stated that he would need to spend more time researching the cities ordinance but that the Planning Commission should schedule a variance hearing if one were required. Art Hagen asked if a footing permit could be issued, as they were willing to take a chance that a variance would be granted. Loren Kohnen stated that he would be willing to issue a footing permit. Moved by Mitchell, seconded by Scherer to issue a footing permit to Mlnnesota Exteriors for 295 Hwy. 55, with the applicant to proceed at own risk, that a variance will be granted, and if Attorney so advises,a special Planning Commission meeting shall be scheduled for April 1st to consider a variance application from the floodproofing section of the ordinance. Motion declared carried 18. BRUCE NEUMANN Ron Batty reported that he had met with Bruce Neumann and his attorney and that Bruce Neumann does not want to remove the addition he constructed on his building after a "Stop Work" order had been issued. He stated that he would like direction from the Council to proceed with legal action. Stephen Schmit stated that he would prefer to assess a double building permit fee and work out an agreement that the addition would be removed if the building were sold or if Bruce Neumann ceased to operate the present business. Anne Theis stated that in several similar situations, in the past, building fees had been doubled and buildings allowed to remain; if these situations could be documented the city might be in a discriminatory posistion, should the Neumann matter go to court. Thomas Anderosn stated that he had started his building, was red tagged, requested a variance which was denied but completed the building anyway. Anne Theis stated that the property had been greatly improved. Ron Batty stated that the Council could either grant the variance or require removal of the structure. Anne Theis asked if the cost of going to court was a reasonable issue to discuss. She asked why Mr. Neumann was not caught in the act of building. Stephen Schmit asked if the city could win the case. Ron Batty stated that the issues were fairly clear. Moved by Mitchell, seconded by Scherer to table aciton on the Bruce Neumann violation for two weeks and have Anne Theis and Stephen Schmit investigate to determine if the matter could be resolved through a variance with appropriate reasons presented for the hardship. Motion declared carried 19. BILLS Moved by Mitchell, seconded by Scherer to pay the bills: Order Checks # 5636-5641 in the amount of $19024.26; Payroll Checks #9684-9703 in the amount of $12611.49 and Revenue Sharing Check # 1039 in the amount of $9363.92. Motion declared carried 20. TAX INCREMENT Ron Batty explained that TAx Increment funds could be used for the upcoming Hwy. 55 intersection improvement project but could not be used for work done previously. He stated that the Economic Development District would need to be expanded if the improv- ments were to be funded through Tax Increment. The possibility of levying Special Assessments or paying for the project through General Funds, was also discussed. Moved by Mitchell, seconded by Theis to adopt Resolution 87-23, Scheduling a Public Hearing on April 21 at 7:45 P.M. to discuss expansion of the Economic Development District in the Hwy. 55 area. Motion declared carried Moved by Mitchell, seconded by Theis to request that the Attorney prepare guidelines for use of Tax Increment Funds including a statement that they are merely guidelines and may be modified. Motion declared carried 3 21. HUNTER DR. NORTH/HAMEL SEWER REPAIR, SPECIAL ASSESSMENT APPEALS Ron Batty stated that he would like Council approval to hire a specified appraiser to prepare appraisals of properties in connection with various Special Assessment appeals. Moved by Theis, seconded by Mitchell to hire the appraiser recommended by the City Attorney at a fee of not to exceed $15,000. Motion declared carried Moved by Mitchell, seconded by Scherer to adjourn. Motion declared carried Meeting adjourned at 10:00 P.M. le,ke) Clerk -Treasurer March 17, 1987