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HomeMy Public PortalAbout05/18/82 CCM52 PAYROLL CHECKS - MAY 18, 1982 6678 Robert Anderson 581.68 6679 Verna Hoover 539.51 6680 Michael Rouillard 712.18 6681 James Dillman 568.61 6682 Robert Dressel 615.24 6683 Tim Hoover 24.00 6684 Francis Pumarlo 84.00 6685 Jacqueline Roehl 21.00 6686 Director of Internal Revenue 709.80 6687 Commissioner of Taxation 304.00 6688 Pera 283.81 6689 Social Security - Retirement Div. 118.72 4,562.55 ORDER CHECKS - MAY 18, 1982 1253 Wilfred Scherer 5.75 1254 Pera 416.85 ,/ 1255 Social Security - Retirement Div. 118.72 /� $ 541.32 4 The Council of the City of Medina met in regular session on Tuesday, May 18, 1982, at 51 7:30 P.M. Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, William Reiser, Thomas Crosby, Sarah Lutz (8:05 P.M.); Clerk -Treasurer, Donna Roehl; Planning and Zon- ing Administrator, JoEllen Hurr; Police Officer, Michael Rouillard; Attorneys, Richard Schaeffer and Mike Nash; Engineer, Glen Cook 1. ADDITIONAL AGENDA ITEMS Council agreed to discuss the following additional items: Arnold Ostlund, Septic System problem Woodlake Sanitary Landfill Mark Roskop, Part time Police Officer 2. MINUTES OF MAY 4, 1982 Motion by Crosby, seconded by Scherer to accept minutes of May 4, 1982, as presented. Motion declared carried 3. POLICE DEPARTMENT, MARK ROSKOP Discussion of the faot that Mark Roskop has not completed the necessary training so as to re- main eligible as a part time police officer and thus must be notified that he can no longer be called upon for part time duties. Motion by Crosby, seconded by Scherer to terminate employment of Mark Roskop as of May 18, 1982, due to failure by Mr. Roskop to fulfill employment requirements. Motion declared carried Police Chief Thomas Anderson reported that St. Louis Park Chief of Police, Richard Setter, has prepared creteria to aid in the selection of a well trained Police Chief. Be presented a service contract outlining services Chief Setter would perform at $25.00 per hour for 40-50 hours. He also reported that Larry Thompson has a consulting service for cities and would help in the selection of a Police Chief for a fee of 15% of first year salary. He stated that Suburban Police Recruiting System is not organized to assist in the selection of a Police Chief. Motion by Reiser, seconded by Scherer to contract with Richard Setter to assist in the hiring of a Police Chief for an amount not to exceed $1200, with City Attorney directed to finalize contract. Motion declared carried Burning Permits Motion by Reiser, seconded by Scherer to authorize Michael Rouillard to sign burning permits. Motion declared carried Independence Beach Street Lights Police Officer Rouillard reported that two or three additional lights could be used in the Independence Beach area, one on Lakeshore Ave. near 2851 and another on Ardmore Ave. Thomas Crosby asked if some of the existing lights could be eliminated. Motion by Reiser, seconded by Scherer to authorize the installation of two additional street lights in the Independence Beach area, as recommended by Officer Rouillard. Motion declared carried Animal Control Michael Rouillard reported that a resident of the city was interested in animal control work in the city. She stated that she would patrol, pick up dogs, transport and care for at city kennels; that she would work on an on -call basis and they had discussed a salary of $10.50- $11.00 per hour for an amount of hours per day to be decided later. Discussion of insurance coverage needed if she were to be employed as a private contractor. Council asked that Officer Rouillard discuss the matter further and report at the June 1st. meeting. Noise Pollution Michael Rouillard stated that the City of Bloomington is sending materials regarding a noise pollution ordinance and that the PCA has metering equipment that can be rented if Council is interested in metering and controlling noisy vehicles. 5 4 4 . PUBLIC WORKS DEPARTMENT Francis Pumarlo Contract Discussion of hiring Francis Pumarlo on a contract basis for miscellaneous work in the Public Works Department. Richard Schieffer stated that he would work on the prepared contract with Wilfred Scherer. Sarah Lutz arrived at 8:05 P.M. 5. PLANNING AND ZONING DEPARTMENT Jack Ebert, Conditional Use Permit JoEllen Hurr reviewed Mr. Ebert's application for a Conditional Use Permit to operate an Off -Sale Liquor Store at 4365 Hwy. 55, at the corner of Co. Rd. 19 and Hwy. 55. She stated that the Planning Commission had reviewed and recommended approval; that the revised plans indicate 44 parking spaces; the floor plan has been approved by the Building Inspector and that Mr. Ebert would be keeping store hours according to state law. Motion by Crosby, seconded by Scherer to grant a Conditional Use Permit to Jack Ebert to operate an Off -Sale Liquor establishment at 4365 Hwy. 55. Motion declared carried Baltic Corporation, Subdivision JoEllen Hurr explained that the time limit for filing the Baltic Subdivision has expired and that she had prepared another resolution of approval for the owners. Richard Schieffer stated that the city would need to secure an easement on Brockton Lane. Motion by Reiser, seconded by Lutz to adopt Resolution 82-7, approving the subdivision of the Baltic Corporation property, contingent upon securing the proper Brockton Lane easement. Motion declared carried Industrial Revenue Bonds Richard Schieffer explained that Attorney, Dave Kennedy, would review the documents for the proposed Industrial Revenue Bonding application, and that Council should set a Public Hearing. Motion by Scherer, seconded by Crosby to adopt Resolution 82-8, setting a Public Hearing for Accoustical Floors Industrial Revenue Bonding application for Tuesday, June 15, 1982 at 8:00 P.M. Motion declared carried Woodlake Sanitary Landfill Discussion of letter received from James Renier regarding the continued dumping at Wood - lake Landfill and the lack of adequate cover. JoEllen Hurr explained that they have not been carrying out their covering plans and that the PCA has recorded the same concerns that Mr. Renier has presented. She stated that a Task Force meeting has been scheduled for June 9th, at which time Att- orney LeFevere will have drafted a long term liability document. She reported that Hennepin County does not want to assume long term liability and wants the city to work with Woodlake and not Browning -Ferris. Thomas Anderson stated that the City could close down the operation for their failure to comply to regulations regarding proper cover. Thomas Crosby stated that Woodlake should be notified by telephone, of the cities concerns regarding lack of adequate cover. He also asked that Attorney LeFevere contact Woodlake for liability information for the June 9th meeting. Debra Muth JoEllen Hurr explained that the Planning Commission had discussed Mrs. Muth's application to operate a Day Care Center and Montessori Nursery School at 265 Hwy. 55. She stated that members had suggested amending the Zoning Ordinance to include such services in a Commercial zone. Thomas Anderson stated that the Planning Commission should prepare an amendment to the ordinance, as Council agrees that such services are compatible in a Commercial zone. 6. POLICE CHIEF HOOVER 55 Thomas Crosby asked that discussion regarding accrued sick leave and vacation be held at meeting Council had previously scheduled for May 25th. 7. WCCO Richard Schaeffer stated that Mark Hamel, Attorney for WCCO, would make comments on their proposal and Council could then discuss the Zoning Administrator's comments. Mark Hamel explained that they are asking the city to adopt a resolution affirming that the 1972 permit is in full force and affect. He asked that the city enter into a devel- opment contract which would include a five year limit on the permit; provide for an ease- ment for a Co. Rd. 116, extension; they would seek FCC approval to install red lights on the tower; all WCCO property would be used for tower purposes; WCCO would assume respon- sibility for correcting interference on residents radio and television equipment; they would pay a sum of money, in lieu of taxes, comparable to tax amount; and would agree to reimburse the city for any costs incurred in defending the issuance of all permits. Thomas Anderson asked how many times they had attempted to secure approval from the FAA. Mr. Hamel stated, two times with one application pending. Gordon Mikkelson stated that the one application pending is for a tower 990 ft. high, 600 ft. to the south of the original site. He reported that the first application was turned down by the Hearing Examiner after three years and the second application was turned down after one and a half years. Mr. Dorr reported that the Hearing Examiner had turned down the application for a tower 1195 ft. high. Gordon Mikkelson stated that they had requested the Zoning Ordinance reflect their 1972 Special Use Permit approval. Thomas Crosby asked why language in the memo was different from resolution. Richard Schieffer explained that language in 1972 permit was not clear and that he had requested clarification and that Mr. Hamel had stricken everything from the proposal that does not pertain and had made additions that had concerned the Planning Commission and the general public. He stated that the applicant had intended that their 1972 permit not be ruled out when they made the application for a zoning amendment. He commented on the seven items, as follows: 1. Broadcasting facility located where FCC has specified. (Council would be able to control the location of the tower.) 2. WCCO agrees to a five year time limit, in which they would secure approval from the FCC. (Council should put some sort of a time limit on the permit.) 3. An 80 ft. easement for road purposes should be provided, if needed. 4. Lighting similar to original permit. (WCCO should be required to lobby for the least offensive lighting.) 5. WCCO has agreed that land not used by tower, utility building and dwelling unit would remain, as is. 6. WCCO has agreed to be responsibile for correcting any interference. 7. Payment, in lieu of taxes, would be calculated similar to taxes. 8. Legal defense of action by City Council would be defended by WCCO. Regarding matters before the City Council, he stated that Council has before it a rezoning request which was denied by the Planning Commission, and regarding the Zoning Administrator's memo regarding Robert's Rules of Orders, he commented that the Zoning amendment application is separate from the Special Use Permit that had been granted, and he could see no legal problem with dealing with WCCO's petition. He explained that extensive records are needed when approving or denying a rezoning request and if Council were to deal with the petition, first, they may not have to deal with the re- zoning application. William Reiser asked how the Council could deny something that was approved ten years ago. Mr. Schieffer explained that under normal circumstances an applicant has made some progress on a permit, whereas WCCO has not made visable improvements to the property although they have progressed with attempting to secure permits from other agencies. He reported that the Supreme Court has never acted on a case involving this type of situation although they have acted to enforce removal of some things that had been built improperly or in a wrong location. 56 Thomas Crosby stated that an argument on the cities behalf might be zoning matters and the time factor regarding the permit. Mr. Schieffer stated that applicant is saying that they have spent a great deal of time and money proceeding under the Special Use Permit and are asking that it not be ruled out under new ordinance regulations. Mr. Crosby offered several amendments to the prepared resolution. Mr. Reiser asked if WCCO would take care of interference, forever. Mr. Schieffer stated that they would. Mr. Reiser asked if the proposal should be sent back to the Planning Commission. Mr. Crosby stated that this is not a zoning matter but a question of confirmation of a 1972 resolution. He explained that if it were before the Council, today, as a new app- lication, he would be against it, but based on past valid city action the Council should abide by it and place limits on the permit. Pat Velch stated that WCCO now has more property than it had in 1972. Art Peabody stated that notices must be directed to additional property owners east and west, as they are now affected. Mr. Crosby stated that a tower 200 ft. lower has a balancing effect to its new proposed location 600 ft. closer to Medina Rd. Mr. Peabody questioned the technique that is being suggested for indemnifying the city, and perhaps residents opposed could make the same offer. Mr. Crosby stated that the City had asked for such a condition. Val Higgins stated that if WCCO were so sure of their permit they would never have gone to the Planning Commission and they are now amending their old proposal. Mr. Crosby stated that WCCO has said they reserved the rights earned under the old permit and had gone before the Planning Commission for rezoning at the cities request. Mr. Higgins asked if in affirming are you amending the old permit. Mr. Schieffer stated that amendments are those things favorable to the city versus those that are not favorable, the difference is additional property. Sheldon Coplin suggested leaving permit, as is; have WCCO get its permission from the F. but limit that time to a year or a year and a half. Julia Porter stated that she believed that th- rezoning application should be acted upon, Mr. Crosby stated that WCCO has adhered to reporting requirements and some legal rights have been accrued. He also stated that he would not be uncomfortable abiding by the old permit with conditions favorable to the city and with a reasonable time limit. Ray Swanson asked about the fact that Hunter Farms buyers were not informed of a poss- ible tower. Mr. Peabody explained that this Council has not approved this location and that attor- neys have made decisions away from the Council room. William Reiser stated that a time limit should be set on the permit. Mark Hamel stated that WCCO would. Agree to a three year time limitation. Thomas Crosby stated that he had to leave the meeting because of an airline reservation. Motion by Reiser, seconded by Lutz to table the matter until June 15, 1982, meeting. Motion declared carried 8. ARNOLD OSTLUND, SEPTIC SYSTEM Donna Roehl referred Council to letter written by McCombs -Knutson regarding inspection of Mr. 0stlunds' faulty septic system and the fact that he: -should be connected to the Independence Beach sewer system. Richard Schieffer stated that his office would be issuing a complaint against Mr. Ost- lund and would be contacting other owners regarding the requirement to connect to city sewer. 9. BRYAN HENDRICKS, SEWER AND WATER CONNECTION Donna Roehl referred Council to two prior situations where Council had allowed a prop- erty owner an amount of money to bring sewer and water lines to a property in exchange for owners payment of a connection fee. Mr. Hendrick's stated that he would have quotes for the project by the June 1st meeting. Discussion of granting a front yard set back variance to allow Mr. Hendricks to build a house on previously subdivided Lots 6,7,8 Block 20, Independence Beach. Motion by Reiser, seconded by Lutz to grant a set -back variance to Bryan Hendricks on the condition that the placement of his house is consistent with neighboring houses. Motion declared carried 10. MOWER Wilfred Scherer provided the following quotes on a Ditch -bank weed mower: Treptau Implement-$3066; Scharber and Sons-$2924; Long Lake Ford Tractor-$2850. He stated that all quotes were on a Woods-Husston brand mower. Motio by Scherer, seconded by Reiser to purchase the ditch -bank mower from Long Lake Ford Tractor at a cost of $2850. Motion declared carried 57 11. 1982-83 LIQUOR LICENSES Motion by Scherer, seconded by Lutz to grant an On -Sale Non -Intoxicating Malt Liquor license to the Hamel Rodeo Committee for July 9,10 and llth rodeo performances. Motion declared carried Motion by Reiser, seconded by Scherer to grant an On -Sale Non -Intoxicating Liquor license to Father Arnold Weber and the Holy Name Church for July 17 and 18. Motion declared carried Motion by Scherer, seconded by Lutz to grant Jack Ebert dba Stop-N-Go Liquors a Cigarette license for the remainder of the 1982 licensing period. Motion declared carried Motion by Reiser, seconded by Scherer to grant an On -Sale Intoxicating Liquor license to Joseph Raskob/dba Medina Rec"s. Inc. Motion declared carried Motion by Reiser, seconded by Scherer Robert Raskob/dba Medina Rec's. Inc. Motion declared carried to grant an Off -Sale Intoxicating Liquor license to Motion by Reiser, seconded by Scherer to dba Medina Rec's Inc. Motion declared carried grant a Sunday Liquor License to Joseph Raskob/ Motion by Reiser, seconded by Scherer to grant to Joseph Raskob/dba Medina Rec's. Inc. Motion declared carried an On -Sale Non -Intoxicating Liquor license Motion by Reiser, seconded by Scherer to grant an Off -Sale Non -Intoxicating Liquor license to Joseph Raskob/dba Medina Reo's.Inc. Motion declared carried Motion by Reiser, seconded by Scherer to grant a Dance permit to Patricia Raskob/dba Medina Rec's. Inc. Motion declared carried Motion by Reiser, seconded by Scherer Larry Thomas/dba Big Woods Saloon. Motion declared carried Motion by Reiser, seconded Larry Thomas/dba Big Woods Motion declared carried Motion by Reiser, seconded dba Big Woods Saloon. Motion declared carried Motion by Reiser, seconded Larry Thomas/dba Big Woods Motion declared carried to grant an On -Sale Intoxicating Liquor license to by Scherer to grant an 0ff-Sale Intoxicating Liquor license to Saloon. by Scherer to grant a Sunday Liquor license to Tarry Thomas/ by Scherer to grant an 0ff-Sale Intoxicating Liquor license to Saloon. 58 Motion by Reiser, seconded by Scherer to grant an On -Sale Intoxicating Liquor license to Robert Klein, dba the Hill Liquor Inc. Motion declared carried Motion by Reiser, seconded by Scherer to grant an Off -Sale Robert Klein/dba The Hill Liquor Inc. Motion by Reiser, seconded by Scherer to grant an Off -Sale to Robert Klein/ dba The Hill Liquor Inc. Motion by Reiser, seconded by Scherer to grant an Off -Sale Pat Wald/dba Pat's Liquors. Motion declared carried Motion by Reiser, seconded by Scherer to grant erican Legion Post #394. Motion declared carried Motion by Reiser, seconded by Scherer to grant to the American Legion John Pohlker Post #394. Motion declared carried Motion by Reiser, seconded by Scherer to grant to Tom Pettit/dba Tom's S perette. Motion declared carried Motion by Reiser, seconded by Scherer to grant to the Hennepin County Park Reserve District. Motion declared carried Intoxicating Liquor license to Non -Intoxicating Liquor license Intoxicating Liquor License to a Private Club License to John Pohlker Am - an On -Sale Non Intoxicating Liquor license an Off -Sale Non Intoxicating Liquor license an On -Sale Non Intoxicating Liquor license Motion by Reiser, seconded by Scherer to grant an Off -Sale Non -Intoxicating Liquor license to the Hennepin County Park Reserve District. Motion declared carried Motion by Reiser, seconded by Scherer to grant an Off -Sale Intoxicating Liquor license to Jack Ebert/dba Stop-N-Go Liquors. Motion declared carried 12. HAMEL JUNIOR ATHLETIC CLUB Wilfred Scherer recommended that the City pay the Junior Athletic Club $150 for their help in cleaning up the Medina roadsides. Motion by Lutz, seconded by Scherer to pay the Junior Athletic Club $150, as recommended. Motion declared carried 13. MEETING ATTENDANCE FEES Motion by Reiser, seconded by Scherer to pay Jim Dillman, as Acting Public Works Director and Michael Rouillard as Acting Police Chief, $15.00 for each City Council meeting they attend. Motion declared carried 14. COMMUNITY DEVELOPMENT BLOCK GRANT Motion by Reiser, seconded by Scherer to adopt Resolution 82-9, submission of Year VIII Community Development Block Grant activities. Motion declared carried 15. BILLS Motion by Scherer, seconded by Lutz to pay the bills; Order Checks #1253-1255 in the amount of $541.32 and Payroll Checks # 6678-6689 in the amount of $4562.55. Motion declared carried 16. Motion by Scherer, seconded by Reiser to appoint Art to do a limited amount of work. Motion declared carried Mot n by Sche er, seconded by Reiser to adjourn. Motio Clerk Schoening as Tree Inspector, clared • a Ad j ouMraneod ,10 : 45P .M .