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Home My Public Portal About05/04/76 CCMThe Council of the City of Medina met in regular session on Tuesday May 4, 1976 at 31 7:45 P.M. Members present: Mayor, Wayne Neddermeyer; Counoilmen, Donald DesLauriers, Robert Franklin, Arthur Theis, William Reiser; Clerk Donna Roehl; Attorney, Richard Sohieffer; Planning and Zoning Admihistrator, Anne Dorweiler Motion by Arthur Theis, seconded by Robert Franklin to accept minutes, as presented, of meeting of April 20, 1976. Motion carried unanimously 1. FIDEL lEhIS Mr. Theis requested that he be allowed to sell 2.75 acres of his property north of Elm Creek, South of Hamel Rd, and West of the city entrance road to the sewer pond. He felt that the problems with division were caused by the city installing the sewer pond. Motion by Donald DesLauriers, seconded by William Reiser to grant division of property Of Fidel Theis to Ron Moe, and to waive survey, waive fee for exception to platting ordinance and instruct City Attorney to draft a resolution. Motion carried unanimously 2. DOCKSIDE INN LICENSES, PUBLIC HEARING 8:03 P.M. Gary Persian, attorney for Erle Anderson, presented information that had been requested, except bills regarding Dockside Inn, Construction liens of Volkenand and Sons, Stevens Well Co., Buesing Bros, and first lien of Ahlstrom and Skelly,rhave been satisfied. He stated further that they will be petitioning the Court to allow them to post bonds or provide a letter of credit guranteeing that all liens will be satisfied. Bob Ahlt trom (ahlstrom Const.) presented a copy of lien and stated that previous payment had been made in Mr. Baldwins office and on a check from Baldwin Realty. Jim Lunsten (Lundsten Lumber) inquired as to how creditors would be protected if new owners go further into debt. Mr. Persian stated that the would would cover lien claimants. Anne Theis inquired as to the timetable for court to act on the bond petition. Mr. Persian stated that it would take from 2 - 3 weeks after notice. Council discussed documents presented regarding ownership of the property. Mr, Schieffer advised that if Council is interested in establishing ownership of property then license application action should be tabled until such determination is made. He then presented a list of items necessary to allow Council to act on application: 1. List of owners and encumberancers 2. Affadavit signed by Mr. Anderson stating he did not authorize Mr. Sazenski to use his name in previous application 3. Affadavit, signed, that there is no agreement between Mr. Anderson and someone . inelligible to hold license, not part of the Dockside Corporation 4. Whether there are any other liens pending 5. Petition to the court guaranteeing lien claimants 6. Lease purchase agreement between Mr. Coleman and Mr. Anderson which will be made part of City records Motion by Robert Franklin, seconded by Donald DesLauriers to close the public hearing. Motion carried unanimously Motion by Robert Franklin, seconded by William Reiser to instruct attorney to secure infor- listed above plus a list from the Minnesota Department of Health as to what needs to be com- pleted before reopening Motion carried unanimously Motion by Robert Franklin, seconded by Arthur Theis to secure a list, from the Building Inspector, of any work that needs to be done before reopening. Motion carried unanimously Motion by Robert Franklin, seconded by Arthur Theis to table the license applications of William Coleman until May 18, 1976. Motion carried unanimously Mr. Coleman inquired if there would be an objection to their opening the restaurant before licenses were granted. Mr. Schieffer advised that if Health Dept, and Building Inspector approved and if the building were connected to the city sewer then they could open the restaurant. Mr. Flitt (Floor Tile Co.) stated that he would be willing to complete the necessary work on the floors if a bond were posted. 32 3. NUISANCE ORDINANCE, PUBLIC HEARING, (9:40 P.M.) Ordinance as prepared by City Attorney was read by Clerk along with several amendments. Anne Theis inquired if it a nuisance because it exists or because it annoys, injures, etc. She felt that problems should exist before anything is declared a nuisance. Discussion of present dog ordinances and vandalism ordinances and the difficulty in trying to enforce them. Discussion of the number of animals that could be allowed and if a kennel license were need- ed for a certain number of dogs. Motion by Arthur Theis, seconded by William Reiser to close public hearing. Motion carried unanimously Motion by Robert Franklin, to -draft ordinance including the amendment except to eliminate Paragraph 2- of the amendment and renumber 3 as 2. Mr. Schieffer stated that a kennel provision could be added and a differentiation could be made between pets and kennels. Robert Franklin withdrew his motion Motion by Robert Franklin, seconded by Arthur Theis to refer ordinance to attorney for a re- draft with a kennel provision. Motion carried unanimously 4. ANNE DORWEILER Ron Schumacher Lot Consolidation Discussion of resolution allowing consolidation of lots at Independence Beach. Legal des- cription has been filed with the city and Anne Dorweiler recommended not charging a fee other than time spent by city personnel and attorney. This resolution could serve as a model for future divisions. Discussion of how assessments would be divided. Attorney stated that prop- erty owners have the right to decide how assessments are divided. Mr. Schumacher explained that he would be working with his neighbor to the eiast to straighten out the lot lines in that area. Motion by Robert Franklin, seconded by Arthur Theis to adopt Resolution 76-18, allowing Schu- macher consolidation and set the fee at $55.00. Motion carried unanimously Springer Division Presented plans showing division of 8 lots with a 50 foot road easement along the Southern edge of property. Real estate representative stated that she has been unable to locate a, power line easement for that southern property line. Motion by Donald DesLauriers, seconded by Robert Franklin to approve proposed division of Springer property subject to standard roadway agreement and payment of a $75.00 fee. Motion carried. Voting No, Arthur Theis Mooney Lake Study Letter prepared by Robert Franklin was read indicating that Medina does not have funds for such a study and that the problem seems to stem fromdevelopment in Plymouth. Motion by Arthur Theis, seconded by William Reiser to sent letter to Plymouth with copies to Minnehaha Creek Watershed, Orono City Council, Hickok & Assoc., Lake Minnetonka Con. Dist. Motion carried unanimously Comprhhensive Plan Anne Dorweiler stated that she had received a letter from Tom Loucks regarding Medina's pre- sentation of the Comprehensive plan to the Metro Council. She has also contacted Weirman and Chapman and will meet with them to secure a quote for charges and will present at the May 18th meeting. She also suggested putting the lot size ordinance on the May 18th agenda. 5. TT NNEPIN COUNTY FAIR CONTRIBUTION Motion by Donald DesLauriers, seconded by Arthur Theis to contribute $25.00 to be used for the Hennepin County Fair. Motion carried unanimously 6. BILLS Motion by Arthur Theis, seconded by William Reiser to pay the bills. Order Checks # 5976- 6031, in the amount of $14,063.14; Payroll #4022-4051 in the amount of $5397.59; Revenue Sharing # 1012, in the amount of $1980. Motion carried unanimously 33 7. ROADS discussion of road restrictions and calls that have been received. Motion by Donald DesLauriers, seconded by William Reiser to authorize the road foreman to re- move load limit restrictions where road conditions warrant. Motion carried unanimously Ron Duran stated that a repairman from Road Machinery had looked at the ported that it would cost approximately $2000 to repair. Discussion as to contract for the street sweeping job and sell the machine. Motion by Robert Franklin, seconded by Arthur Theis to advertize for bi sweeper, bids to be opened on June 1, 1976 at 8:30 P.M. Motion carried unanimously street sweeper and re - to what it would cost ds to sell the street Discussion of one-way plow that cannot be used on city road patrol. Motion by Robert Franklin, seconded by Donald DesLauriers to authorize sale of plow and 2 cut- ting edges to Orono for $250. Motion carried unanimously Discussion of suggested repair on Lakeview Dr., Holy Name Dr., and Brockton from Hamel Rd. to Dasen Dorweilers. Lane blacktopping Discussion of purchase of a new or used truck. Ron Duran had inquired if County would have one to sell. Donald DesLauriers felt that a new truck should be purchased and will have specs written for the May 18th meeting. 8. LUXFORD WATER BILL ,lotion by Donald DesLauriers, seconded by Robert Franklin to cancel the bill for $10.00 of the Hamel Dairy Queen as Mr. Luxford did not have Leo Leuer turn on the water. Clerk was advised to write a letter to the Farmers State Bank of Hamel regarding payment of the Custommade Leather Goods utility bill. 9. BOND REFUNDING Discussion of letter recieved from Bob Ehlers regarding refunding of improvement bonds. Motion by Robert Franklin, seconded by Donald DesLauriers to invite Bob Ehlers to the May 18th meeting to explain what would be involved in such a transaction. Motion carried unanimously 10. LIMEROCK BIDS Discussion of attorneys memo regarding errors in bidding and advise to rebid the portion that was in error. Motion by Robert Franklin; seconded by Donald DesLauriers to request that Buesing Bros. supply the city with a letter stating their bid for 3/4" limerock was in error and that they wished to withdraw the bid. Also that bids for 3/4" limvrock be let on June 1, 1976 at 8:00 P.M. Motion carried unanimously 11. INDEPENDENCE BEACH PARK Robert Franklin presented request 31 and August 1, to park a number 12. POLICE DEPARTMENT Brief discussion of police depart on May 18. from Independence Beach residents for use of City Park on July of campers. Clerk was instructed to place on May 18th agenda. ment request to purchase new pistols. Will discuss further Motion carried unanimously Motion by Robert Franklin, seconded by William Reiser to adjourn. Meeting adjourned at 1.40 AM (�0-- Clerk /14 ORDER CHECKS - MAY 4, 1976 5976 Harris Office Equipment 5977 United States Post Office 5978 Bertelson Bros. Inc. 5979 Crow River News 5980 Chapin Publishing Co. 5981 Schieffer & Casson 5982 McCombs Knutson 5983 Wright.Hennepin Electric 5984 Northwestern Bell 5985 Charles Hoover 5986 Dorweiler Ins. Agency 5987 Jet Quick Printing 5988 Wayzata Insurance Agency 5989 Mobile Radio Engineering, Inc. 5990 Instrumentation Services, Ino. 5991 Loretto Towing 5992 Amoco Oil Co. 5993 Kerr-McGee 5994 Long Joke Fire Dept. 5995 Hamel Fire Dept. 5996 Loretto Fire Dept. 5997 Metro Animal Patrol Service 5998 Hamel Lumber & Supply 5999 Fortin Hardware 6000 Russ Anderson 6001 Leef Bros, Inc. 6002 Long Lake Ford Tractor 6003 Perrys Truck Repair & Welding 6004 Rettinger Bros. Oil 6005 Texgas Corp. 6006 Don Mayer, Inc. 6007 River Warren Aggregates 6008 C. S. McCrossan, Inc. 6009 Henn. Coop, Seed Exchange 6010 Robert Dressel 6011 Loren Leuer 6012 Physicans Health Plan 6013 Uniforms Unlimited 6014 Gopher Stamp & Die 6015 St. Regis Paper Co. 6016 H. C. Mayer & Sons 6017 Northern States Power 6018 Minnega.sco 6019 Metropolitan Waste Control Comm. 6020 State Bldg. Inspector 6021 Metro Waste Control Commission 6022 Miller -Davis 6023 Orono Community Service 6024 Long Lake Ford Tractor 6025 Long Lake Engine Rebuilders 6026 Verna Hoover 6027 Donald gukacka 6028 Leo Leuer 6029 Loretto Towing Service 6030 Pera 6031 State of Minn; 57.00 142.40 87.51 196.62 21.60 1,734.25 70.50 285.76 91.01 65.90 74.00 9.40 76.00 32.00 104.50 80.00 105.45 54.15 100.00 600.00 400.00 99.75 124.01 261.56 3.00 5.00 25.00 903.76 27.65 11.17 369.81 226.26 59.15 32.25 127.50 238.00 385.40 59.17 381.85 97.88 1.00 a3.s64 25.27 254.21 136.75 3,811.50 19.60 370.10 360.00 152.24 9.74 40.00 93.64 48.60 520.47 158.16 14,063.14 /9SW- ao 4 s 4022 4023 4024 4025 4026 4027 4028 4029 403o 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 Lia4 1 4045 4046 4047 4048 4049 405o 4051 PAYROLL CHECKS - MAY 4,1976 Robert Franklin Wm. Reiser, Jr. Arthur Theis Wayne Neddermeyer Charles Hoover Jerome LaFond Michael Rouillard Ronald Duran Robert Dressel Jerome LaFond Michael Rouillard Dan. Stuckmayer Loren Leuer Sylvia Rudolph Donna Roehl Anne Dorweiler Raymond Bosch Verna Hoover Leo Leuer Donald Kukacka Farmers State Bank of Hamel Physicans Health Plan Weet-err-L Ineuxenee c/eY2 Director of Internal Revenue Commissioner of Taxation State of Minnesota - Social Sec. Pera Western Life Insurance Void Western Life Insurance 5o.00 5o.00 5o.00 70.00 405.52 329.97 321.16 315.21 3o0.19 279.00 125.00 33o.00 32.00 143.00 330.54 149.87 112.82 42.00 160.14 396.00 18.75 17.90 .27-12 546.10 282.00 158.16 351.54 25.32 5.40 5,397.59