HomeMy Public PortalAbout06/15/82 CCM67
PAYROLL CHECKS - JUNE 15, 1982
6711 Robert Anderson 581.68
6712 Michael Rouillard 712.18
6713 James Dillman 579.28
6714 Robert Dressel 569.16
6715 Director of Internal Revenue 583.80
6716 Commissioner of Taxation 243.80
6717 P. E. R. A. 220.28
6718 Social Security -Retirement Division 114.00
6719 Verna Hoover 5,465.44
$ 9,069.62
ORDER CHECKS - JUNE 15, 1982
1306 Henn. Co. Treas. Gen. Acct. Div. 1,852.50
1312 Francis Pumarlo 256.00
1313 Pera 321.91
1314 Social Security -Retirement Div. 114.00
2,544.41
The Council of the City of Medina met in regular session on Tuesday, June 15, 1982 at
sg 7:35 P.M.
Present: Mayor, Thomas Anderson; Councilmembers, Wilfred Scherer, Sarah Lutz, Thomas
Crosby, illiam Reiser; Clerk -Treasurer, Donna Roehl; Planning and Zoning
Administrator, JoEllen Hurr; Engineer, Paul Pearson; Attorney's Richard
Schieffer, Mike Nash; Public Works Director, James Dillman; Acting Police
Chief, Michael Rouillard
1. ADDITIONAL AGENDA ITEMS
Council agreed to discuss the following additional items:
Richard Setter Contract
Blackfoot Tr. signs
John Raskob Variance Resolution
Co. Rd. 116 Extension plans
2. MINUTES OF MAY 25, 1982
Motion by Lutz, seconded by Reiser to approve minutes of May 25, 1982, as presented.
Motion declared carried
Minutes of June 1, 1982, Board of Review
Motion by Reiser, seconded by Scherer to approve minutes of the June 1, 1982, Board of
Review meeting.
Motion declared carried
Minutes of June 1, 1982, Regular Meeting
Motion by Crosby, seconded by Scherer to approve minutes of June 1, 1982, regular meeting,
as presented.
Motion declared carried
3. WRIGHT-HENNEPIN ELECTRIC CONTRACT, MEDINA MORNINGSIDE SEWER
Neil McMillin of Wright -Hennepin Electric, explained that their estimate for providing power
for the Medina Morningside Lift Station had been inaccurate at $1500, Aid to Construction
costs and when three phase wiring was agreed upon the cost rose to $5500 because of addit-
ional ground work that was needed. As they had quoted the $1500 amount to contractors they
allowed that amount to remain in the contract and raised the monthly power cost to $50.00.
Richard Schieffer stated that additional anticipated costs could have been included in the
Federal Grant application, had the city known the correct amount and as a result the con-
struction funds may fall short.
Thomas Crosby stated that he had a problem with accepting the great difference between the
original estimate and the contract amount and the fact that the city may be paying for some-
thing twice if it has to pay $50.00 per month and the rate times kilowatt hours falls short
of the $50.00 minimum. He also questioned Wright-Hennepin's rate structure for electricty
and the fact that the system overbuilt when the plant in North Dakota was constructed and
the members need to pay for vandalism to the towers.
Thomas Anderson asked if additional funds for construction could be gotten through the grant.
Paul Pearson stated that the costs had been scheduled to be paid throughcustomers sewer bill.
Thomas Anderson stated that he did not like the way that this was handled by Wright -Hennepin.
Thomas Crosby suggested that perhaps Wright -Hennepin would agree to divide the difference in
costs because they had made the error.
Bob Reid of Wright Hennepin stated that the entire membership would be subsidizing this in-
stallation if the costs were divided.
Neil McMillin stated that the Co-op extends lines to residences at no charge but does charge
commercial and industrial owners.
Richard Schieffer stated that the contract portion regarding monthly charges for service
would need to be clarified.
Motion by Crosby, seconded by Reiser to enter into contract with Wright -Hennepin Electric
to provide service for the Medina Morningside Lift Station with the Attorney to revise that
portion of the contract concerning monthly rates.
Motion carried Voting No -Lutz
4. ACCOUSTICAL FLOORS, WEST CREEK BUILDING, INDUSTRIAL REVENUE BONDS, PUBLIC HEARING,8 Q1 P.M.
Paul Roberts, First Corporate Services, representing owenrs of the West Creek Building,
explained that the proposed building would be 18,850 sq. ft. in size and would be occupied
by Accoustical Floors and Gyperete, whose three members are stockholders of the West Creek
Corporation. He stated that the companies would be using both the existing and proposed
building.
He explained that owners would be signing personally and for the corporation and that they
would have approximately 20% of their own money invested in the project, mainly through
purchase of the land.
He stated that the corporation would be paying all costs incurred by the city in processing
the application and approving the project.
Richard Schieffer stated that the developer should deposit $750 with the city to cover
expenses in addition to the $500 that had been deposited at the time the application was
submitted.
Discussion of the city adding its' anme to the sale of the bonds.
Mr. Schieffer stated that if the developer fails to make good bond payments it could re-
flect on the cities credibility with regards to bond rating. He asked how many new employees
there would be added to the staff.
Mr. Roberts stated that there would be ten additional, at this time, and that they would need
to expand their facilities after the number of employees had reached fifteen.
Richard Schieffer asked if the bonds were competing with cities sale of bonds.
Mr. Roberts reported that they would not be competing as revenue bonds are private sales
and are all presold.
Mr. Schieffer stated that the city should specify this as preliminary approval subject to
withdrawal by the city.
Mr. Roberts stated that the developer would need to borrow conventional funds if the city
were to withdraw its approval.
Motion by Reiser, seconded by Scherer to close the Public Hearing.
Motion declared carried
Public Hearing closed at 8:25 P.M.
Motion by Crosby, seconded by Lutz to adopt Resolution 82-11, granting preliminary approval
to West Creek Corporation to proceed with Industrial Revenue Bonding application.
Motion declared carried
5. WCCO
Richard Schieffer reviewed in detail a prepared resolution regarding approval to WCCO to
construct a radio antenna.
Sarah Lutz asked if there would be a problem requiring a semi-annual payment from WCCO in
lieu of taxes.
JoEllen Hurr asked if payment could be collected if charges could not be justified.
Mr. Schieffer stated that language would be written into the development contract.
Regarding lighting of the tower and interference with private residences radio and television
he reported that such things are covered in the 1972 permit and city would like to pursue
additional regulations.
Thomas Crosby asked if substance of the resolution was agreeable.
William Reiser stated that language was needed regarding time limitation and how interference
was to be corrected.
Jim Johnston asked if property was being rezoned without benefit of a rezoning application.
Richard Schieffer stated that the 1972 permit states,"generally in area described," by add-
ing more property, will not change meaning of permit.
Val Higgins questioned the addition of property in Sec. 3(a) which is contrary to language
in Sec. 4(a). Also Sec. C(2) should reference two applications pending. And if new prop-
erty is included the entire issue should be referred back to the Planning Commission.
Richard Schieffer stated that if rezoning were denied, WCCO could take the city to court.
Mr. Higgins stated that if adopted WCCO will assume this is a new permit.
Sarah Lutz asked what would happen if a minimum and maximum height limitation were put on
the permit.
Mr. Schieffer stated that WCCO would need to decide if they would accept such approval.
741 Thomas Crosby stated that some flexibility with height limitations is needed.
ice: Higgins asked why the city attorney was not agreeing to an area limitation when he was
agreeing to a height limitation.
Matter was tabled temporarily while interested parties discussed the resolution.
6. ROLLING GREEN COUNTRY CLUB
Richard Schieffer reviewed prepared statement regarding placement of $100,000 in an escrow
fund to cover delinquent taxes, etc. due Medina. He stated that monies would be deposited
in a bank until such time as the bankruptcy court approves or disapproves the financial
arrangements of the Country Club. He stated that there is a 60 day deadline for disposistion
of the bankruptcy.
Daryl Uphoff, Attorney for Rolling Green, stated that they would certify the location and
amount of money placed in escrow.
Mr. Schieffer stated that he would need to research amount owed for taxes.
Police Officer, Rouillard stated that the officers of the Club had been investigated and
he would recommend that an On -Sale Liquor license be granted.
Motion by Scherer, seconded by Reiser to grant an On -Sale Intoxicating Liquor license and
a Sunday Liquor license for the 1982-83 licensing period, contingent upon filing escrow
funds prior to June 30, 1982, with license valid only until August 1, 1982 unless items in
agreement have been met.
Motion declared carried
WCCO, CONTINUATION FROM ABOVE
Mark Hamel stated that they would not want to appear before the FCC with a height limiting
condition of 990 ft. or 1195 ft.
Thomas Crosby reviewed the resolution with suggestions for changes.
Sarah Lutz asked why a three year deadline for approval from FCC was included in the resolution.
Richard Schieffer stated that three years had been decided at a prior meeting.
Ms. Lutz asked what the beginning date for approval from FCC would be and should it be the
date at which the item was heard by the Planning Commission.
Thomas Crosby stated that in other matters the beginning date is the date on which the
development contract is signed.
William Reiser stated that a minimum and maximum height limitation was needed.
Thomas Anderson stated that WCCO is asking for an antenna 990 ft. or less and Council may
designate whatever height they wish and WCCO would need to agree if they can work with that
height. Also the March Planning Commission date could be used as a beginning date if Council
so decides.
William Reiser stated that the minimum height should be 990 ft. and maximum height should be
1200 ft.
Mark Hamel stated that they could not work with limitations they know nothing about.
Gordon Mikkelson stated that they did not know the height limitations at which a Franklin
Antenna would work.
Thomas Crosby stated that if Council does not pass on the issue it will not mean there will
not be a tower and that it might benefit the city to include a time limitation and a payment
in lieu of taxes.
Motion by Crosby, seconded by 4nderson to adopt Resolution 82-12, Regarding Special Use Permit
of WCCO, dated September 5, 1942, subject to attorney working out refinement of language and
a Development Contract.
JoEllen Hurr asked if the Planning Commission should work out the details of the development
contract.
Richard Schieffer stated that they may not be able to work out all of the legal details.
Art Peabody asked if the contract could be prepared for residents to review prior to the
Council meeting. Also the document should state that only a Franklin Antenna will be app-
roved and that they be allowed to build to one height and not be able to return later for
a taller structure.
Motion by Crosby, seconded by Anderson to amend motion to include a Franklin antenna, only;
and that applicant shall not have the right to increase the height.
Thomas Crosby asked if there is a waiting period for submission of an application if a tie
vote results or if there is an absentia.
Richard Schieffer stated that in this case there would be no waiting period.
Motion to amend, carried. Voting No -Lutz; Abstaining -Scherer
71
Thomas Crosby stated that if WCCO agrees to the resolution they will be agreeing not to
apply for a tower of a lesser height.
Vote on the motion carried. Voting No -Lutz; Abstaining -Scherer
Matter was referred to Planning Commission to work out details of Development Contract.
7. PLANNING AND ZONING DEPARTMENT
Steve Stahlke, Pizza Factory
JoEllen Hurr reviewed memo regarding Mr. Stahlke's application for a Conditional Use Permit
to operate a pizza restaurant at 265 Hwy. 55. She stated that because there had been a
problem with a former owner's establishment, at that location, she would prefer that Council
discuss the application.
Regarding the site plan, she reported that sufficient parking must be shown to allow for use
of the remainder of the building, should there be a tenant change.
Owner, Julius Dorweiler, stated that there was sufficient property to provide the necessary
parking. He also explained that Minnesota Exteriors has an easement for egress and ingress.
Ms. Hurr presented formula for determining parking requirements, stating that 39 spaces would
need to be provided.
Motion by Anderson, seconded by Scherer to recommend approval of a Conditional Use Permit
to Steve Stahlke to operate a Pizza restuarant at 265 Hwy. 55, provided that the easement
to the Minnesota Exteriors building be maintained and that the formula for parking require-
ments be followed for the remainder of the building.
Motion declared carried
Steve Stahlke, Non -Intoxicating Malt Liquor License
Acting Police Chief, Michael Rouillard, stated that he had investigated Mr. Stahlke for
licensing purposes and would recommend issuance of a license.
Motion by Scherer, seconded by Crosby to grant a Non -Intoxicating Malt Liquor License to
Steve Stahlke/dba Hamel Pizza Factory, for the 1982-83 licensing period.
Motion declared carried
8. PUBLIC WORKS DEPARTMENT
Wicita Trail
Paul Pearson stated that he had met with Wilfred Scherer, Jim Dillman and property owner,
George Layeaux and they had determined that there were two solutions for correcting water
run-off problems on Wicita Tr.
1. Correct entirely within the roadway
2. Correct on Mr. Layeaux's and Tom Green's
Mr. Layeaux stated that Westonka had estimated $1500 for work to correct on his property.
Paul Pearson stated that Hardrives had estimated $1200 to correct entirely within the road,
which would provide run-off toward Hwy. 55.
Mayor Anderson asked that Mr. Layeaux secure written permission from Mr. Green to work on
his property and two more estimates for work as he had suggested.
Matter was tabled until July 6th meeting.
9. MHDINA MORNINGSIDE SEWER
Jerry Kurtz, 2712 Morningside Rd.
Mr. Kurtz explained drainage problem he would have on his property as a result of sewer
construction, unless some corrections were made. He suggested constructing a dirt bank
to allow water to run off but not on to the property.
Council advised Paul Pearson to work out the problem with Mr. Kurtz.
10. DOUG WACEK
Mr. Wacek asked why septic tanks would need
owners connect their facilities to the city
200 to fill tanks.
Council asked that Building Inspector, Loren
requirement at the July 6th meeting.
to be filled at Medina Morningside when property
sewer. He stated that it would cost approximately
Kohnen, present some information regarding the
11. TAD JUDE
Mr. Jude appeared to introduce himself as a candidate for Minnesota State Senate and stated
that he would be glad to answer any questions Council members might wish to ask.
72 12. DOCKSIDE
JoEllen Hurr presented picutres and information regarding development contract violations
on the Dockside development; concrete pads in front of doorways, porch roofs over doorways
that encroach on property lines, perimeter fence to high in several areas and the existing
concrete pad near the lake.
Motion by Reiser, seconded by Scherer to direct the Building Inspector to deduct square
footage of porches and cement pads from square footage that will be allowed on future
buildings and to direct John Spaeth to remove the existing concrete pad, correct the
fence height along Lakeshore Ave. and Co. Rd. 19, according to development agreement.
Motion declared carried
13. WILLOW DR. DITCH CLEANING
Jim Dillman presented two quotes for cleaning the ditch east of Willow Dr.:
Loren Leuer - - $1200-$2000; John Schoening - - $3180.
Wilfred Scherer reported that the DNR and the Minnehaha Creek Watershed Commission had
approved the project and that one-half of the costs would be funded by the Watershed Dist.
Thomas Crosby asked that he be contacted before beginning the work as his property is
involved.
Motion by Scherer, seconded by Crosby to authorize Loren Leuer to clean the ditch according
to plans approved by various agencies, at a cost of from $1200-$2000.
Motion declared carried
14. POLICE DEPARTMENT
Chief of Police Interviews
Thomas Anderson stated thar interviews of the nine candidates for Chief of Police would
be held on Saturday, June 19 and Wednesday evening, June 23, 1982.
Colonial Drive In Theatre
Acting Chief, Michael Rouillard stated that the Hamel Fire Chief had approved the plans
for fireworks display at the Colonial Drive In on the 4th of July.
Donna Roehl reported that Northwest Cinema. Corporation had signed the prepared agreement
and had sent a Certificate of Insurance, as is required under terms of the agreement.
Motion by Crosby, seconded by Reiser to approve the Colonial Drive In Theatre plans for
fireworks display on July 4th.
Motion declared carried
Richard Setter Contract
Thomas Anderson stated that Richard Setter had questioned the contract regarding
expenses involved in investigating chief candidates; responsibility for payment
ical examinations and psychological evaluations and payment for legal assistance
should be a challenge regarding selection.
Motion by Crosby, seconded by Scherer to amend the contract with Richard Setter
to his request that the City of Medina be responsible for the above items.
Motion declared carried
payment of
of phys-
if there
according
Street Signs
Michael Rouillard stated that he had received a request for the posting of "No Parking"
signs on Blackfoot Tr. and another request for 3OMPH speed limit signs on Shawnee Woods Rd.
Council advised that the Speed Limit signs be posted but that the signs on Blackfoot Tr.
not be posted at this time.
Hennepin County Jail Bill
Michael Rouillard stated that the bill that had been veceived was for Medina pris
Motion by Lutz, seconded by Scherer to pay Hennepin County Jail bill in the amount of
$1852.50.
Motion declared carried
15. MEDINA MORNINGSIDE SEWER
EPA Grant
Paul Pearson reported that the $77,000 decrease in the grant amount resulted from a
lesser bid received than project estimate. He stated that the amount to be paid and
the amount assessed was adjusted accordingly so the decrease in amount to be received
would not result in a shortage of funds.
Motion by Crosby, seconded by Scherer to authorize the Mayor to sign the grant amend-
ment agreement.
Motion declared carried
Change Order No. 5
Paul Pearson explained that road fabric should be installed in areas of Bobolink Rd.
and Elsinore Circle at an increased. cost of18330.00.
Council asked that an application for an increase in funds be made through the PCA.
Motion by Scherer, seconded by Lutz to approve Change Order No. 5 and make application
for additional funds to cover the work.
Motion declared carried
73
16. JOHN RASKOB
Wilfred Scherer presented revised resolution regarding set -back variance approval for
John Raskob.
Motion by Scherer, seconded by Reiser to make the following changes in resolution:
No more than two licensed or non motorized vehicles shall be permanently stored
on the lot.
Motion declared carried
17. 4-H FOUNDATION
Motion by Crosby, seconded by Reiser to donate $25.00 to the 4-H Foundation for Hennepin
County Fair purposes.
Motion declared carried
18. BILLS
Motion by Crosby, seconded by Reiser to pay the bills: Order Checks # 1306, 1312-
1314 in the amount of $2544.41 and Payroll Checks # 6711-6719 in the amount of $9069.62.
Motion declared carried
19. SUBURBAN PUBLIC HEALTH NURSING SERVICE
Motion by Reiser, seconded by Scherer to appoint Donna Roehl to represent the city at
a meeting of Suburban Public Health Nursing Service to be held June 24th.
Motion declared carried
20. CO. RD. 116, EXTENSION PLANS
Members discussed pains that had been received regarding extension of Co. Rd. 116
through the City of Medina.
Plans will be discussed further at a later date and a Public Hearing will be held to
receive citizen input.
Motion by Reiser, seconded by Crosby to adjourn.
Motion declared carried
Meeting adjourned at 12:30 A. M.
;i/1Ai. s,/ /LAY,'
Clerk -Treasurer
June 15, 1982