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