HomeMy Public PortalAbout07/07/92 CCM111
PAYROLL CHECKS - JULY 7, 1992
12817 Wayne Wallace 889.17
12818 Jill McRae 1,009.92
12819 Richard Rabenort 1,210.72
12820 Michael Rouillard 898.83
12821 Scott Stillman 724.49
12822 James Dillman 1,018.19
12823 Robert Dressel 911.28
12824 Edgar Belland 723.65
12825 Cecilia Vieau 540.07
12826 Laura Monroe 663.75
12827 Sandra Larson 534.93
12828 Benedict Young 850.77
12829 Michael Glampe 424.59
12830 Farmers State Bank of Hamel (Fed.) 1,774.29
12831 P.E.R.A. 884.93
12832 Commissioner of Revenue 724.52
12833 Farmers State Bank (S.S.) 568.64
12834 Gary Acromite 207.79
12835 Ann Thies 138.52
12836 Robert Mitchell 138.52
12837 Philip Zietlow 138.52
12838 Wilfred Scherer 138.52
12839 Wayne Wallace 876.67
12840 Jill McRae 999.90
12841 Richard Rabenort 1,045.72
12842 Michael Rouillard 925.59
12843 Scott Stillman 693.59
12844 James Dillman 1,015.99
12845 Robert Dressel 451.04
12846 Edgar Belland 162.08
12847 Cecilia Vieau 293.42
12848 Laura Monroe 330.78
12849 Sandra Larson 283.54
12850 Benedict Young 439.80
12851 Michael Glampe 140.38
12852 Farmers State Bank of Hamel (S.S.) 436.20
12853 Farmers State Bank of Hamel (Fed.) 1,383.61
12854 P.E.R.A. 793.77
12855 Commissioner of Revenue 573.49
ORDER CHECKS - JULY 7, 1992
10888 P.E.R.A. 1,208.18
10889 Farmers State Bank (S.S.) 568.64
10890 Delta Dental 453.70
10891 Medica Choice 2,912.90
10892 Postmaster 300.00
10893 Budget Printing 458.60
10894 U.S. West Cellular 237.80
10895 Copy Duplicating Products 165.63
10896 Greater N.W. Office 2,040.00
10897 Steam Care 170.00
10898 Fortin Hardware 151.10
10899 U.S. West Communications 359.40
10900 A T & T 52.50
?2G, 559.7E3
76,.540• I6
112
ORDER CHECKS - JULY 7, 1992 (CONT'D)
10901 Wright/Hennepin Electric 939.56
10902 Medcenters Health 909.50
10903 Henn. Co. Gen. Acctg. Div. 256.25
10904 Metro West Inspection 3,531.25
10905 Metro Waste Control 6,750.00
10906 Minn Comm 40.59
10907 Long Lake Ford 134.08
10908 Genuine Parts 51.29
10909 Reynolds Welding 114.26
10910 NSP 1,026.34
10911 Commissioner of Revenue 466.20
10912 City of Orono 2,329.00
10913 Crow River News 65.20
10914 Hamel Building Center 39.64
10915 Bonestroo, Rosene 6,916.84
10916 Ditter, Inc. 1,636.00
10917 Wright Recycling 123.75
10918 Bureau of Criminal Appreh. 240.00
10919 NSP 592.65
10920 Amelia Kroeger 930.00
10921 State Dreasurer, Dept. Bldg. Code 1,726.66
10922 Bryan Rock 5,627.56
10923 Feed Rite Controls 1,155.58
10924 Water Products Co. 1,336.41
10925 Blitz Photo 6.37
10926 Earl Anderson 572.84
10927 Randy's Sanitation 183.24
10928 Safety Kleen 63.00
10929 Lake Business 61.06
10930 Dolphin Temp. 1,174.80
10931 Pioneer Creek 489.00
10932 MCFOA 25.00
10933 Wenck Assoc. 500.05
10934 Copy Mate 387.55
10935 Buffalo Bituminous 3,382.24
10936 MTI Dist. 47.97
10937 Scott Stillman 65.00
10938 S.J. Louis 5,023.13
10939 First Sec. Title 5,275.00
10940 Minnegasco 13,500.00
10941 Amoco Oil 25.33
10942 Braun Intertec 3,279.55
10943 Construction Material 332.28
10944 Minn. Conway Fire 173.14
10945 Deluxe Bus. Forms 131.03
10946 Kar Prod. 83.94
10947 GSI 8,832.00
10948 St. Joseph Equip. 63.58
10949 Culligan 52.40
10950 Allstar Electric 53.35
10951 Mike Broberg 459.40
10952 LakQ R an--Gecp. stii-n6 vow
10953 Davies Water Equip. 836.96
10954 Holmes & Graven 20,552.52
10955 Dundee Nursery 825.25
10956 Wesley Bendickson 70.00
113
ORDER CHECKS - JULY 7, 1992 (CONT'D)
10957 John Schoening 440.00
10958 University of Louisville 15.00
10959 Hennepin Co. Treas. 76.00
10960 Visible Computer 70.83
10961 Minn. Dept. of Health 15.00
10962 Charles Pangier 40.00
10963 Akona Corp. 13.11
10964 Rochester Midland 208.26
10965 Doradus 216.00
10966 Glenwood Inglewood 4.95
10967 Biff's Inc. 149.28
10968 Gregor Farm & Greenhouse 24.48
10969 Wayzata Bay Car Wash 159.00
10970 A T & T Credit 121.42
10971 Prolawns Assn. 1,045.00
10972 System One Management 2,227.50
10973 Gopher State 405.00
10974 Metro Waste Control 6,930.00
10975 Cec Vieau 37.20
10976 CSC Credit Svc. 30.30
10977 Twin City Water Clinic 20.00
10978 E-Z-Recycling 2,070.00
10979 Farmers State Bank 436.20
10980 P.E.R.A. 1,117.96
10981 James Dillman 75.00
10982 Robert Dressel 75.00
10983 Ben Young 75.00
$128,637.30
• /22.Do verb eg
124,5/1.90
114
The Council of the City of Medina met in regular session on July
7, 1992 at 7:30 p.m.
Present: Mayor, Gary Acromite, Councilmembers, Robert Mitchell
and Ann C. Thies; Acting Clerk -Treasurer, Laura Monroe;
Public Works Director, Jim Dillman; Planning & Zoning
Administrator, Loren Kohnen; City Engineer, Glenn Cook;
City Attorney, Ron Batty
Absent: Councilmembers Phil Zietlow and Wilfred Scherer
1. CHANGES AND ADDITIONAL AGENDA ITEMS
Gary Acromite said that the Tuckborough Farms Trail Easement item
should be moved to July 21 agenda. He also asked that the Rural
Residential Ordinance be tabled to the first meeting in August
when there were four members present.
Robert Mitchell asked that the Northwest Chamber request for
gambling funds for the Hamel Rodeo be removed off the consent
agenda and that he wished to add the VFW Request for Sewer item
to the agenda.
2. MINUTES OF JUNE 16, 1992
Moved by Thies, seconded by Mitchell to approve the minutes as
presented.
Motion declared carried.
3. 1991 AUDIT
Mark Babcock the city's auditor was present to answer any
questions on the 1991 audit that had been presented to the
council for their review and approval. He gave a summary of some
items within the audit.
Gary Acromite asked about the reserve dollars.
Mark Babcock said that they approached 100% of expenses.
Moved by Mitchell, seconded by Thies to accept the 1991 audit as
presented.
Motion declared carried.
4. CONSENT AGENDA
Moved by Thies, seconded by Mitchell to approve the following
items on the consent agenda:
U.S.West - Permit to Place Buried Cable on Tuckborough Farms 3-4-
5 Additions ti Resolution #92- ?.
Holy Name Church Beer/Gambling Permit Approval - September 26 &
27
Motion declared carried.
5. PUBLIC WORKS DEPARTMENT
Water Meters - Additional Information
Jim Dillman presented a report on the water meter change over.
He calculated the hours that should be saved per year by
switching to the new billing system. The present system consumes
220 hours per year to have the readings ready to be manually
entered into the computer. The new system will take 56 hours to
115
have the readings ready to be automatically entered into the
computer.
Anne E. Theis asked about where the money is to be saved.
Jim Dillman said that it would be in the man hours by the manual
system, especially for the potential for error for those people
who now don't send in their meter reading cards. Also some
meters have to be reread due to errors on the cards that come
back read incorrectly. He said that the new meters that go with
the computer system essentially don't cost any more than regular
meters, and that the meters, especially in Independence Beach
need to be replaced at this time due to age.
Lead Test Information
Jim Dillman presented the council with a letter from the
Minnesota Department of Health concerning the city's obligation
to pay $5.21 per water connection charge for water testing. The
first quarterly payment is due September 30, 1992 from the water
fund. Future payments will be made by adding an additional
charge to water bills. This will start January 1, 1993 when the
new billing system is in operation. The city has 502 water
connections in the city for a yearly cost of $2,625.42. On July
9, 1992 the city will be meeting with a representative from
Minnesota Rural Water and several surrounding cities to plan the
action when the new water testing law becomes effective.
Plymouth VFW Request for Sewer
Robert Mitchell said that they haven't heard from Plymouth
regarding this request, but have heard from them regarding
serving the Holy Name Lake people for sewer.
6. PLANNING AND ZONING DEPARTMENT
Hunk Scherer/Business
Robert Mitchell asked George Gubbins, attorney for Mr. Scherer,
if he had any conflict in this matter as at the time the original
resolution was granted in 1972, Mr. Gubbins represented the City
of Medina.
George Gubbins said that he could see no conflict in this matter.
He stated that he had been retained by Wilfred and Beatrice
Scherer to represent them in the matter of their meat processing
business. He stated that the Scherer's use of their property for
meat processing has continued for the past 45 years and before
any ordinances were passed to the contrary. This is a family
business and that it is grandfathered in. On January 24, 1972,
as a result of a neighbor's complaint to the U.S. and state
governmental authorities regulating the processing of meat, the
Scherers were obligated to comply with their request to construct
a building on their property that met with the federal and state
meat processing standards. Accordingly they submitted plans to
the City for the construction of an appropriate building and
requested a special use permit. A special meeting was set for
February 7, 1972 for council consideration. On February 7th the
council asked that Wilfred Scherer, Dr. Etem and I, as city
attorney, present a resolution that would grant the Scherers a
nonconforming use permit with limitations on the building size
116
and location and that there be no salesroom nor advertising signs
allowed on the property. This was done and resolution numbered
72-5 was passed by the council and signed on March 7, 1972
granting a nonconforming use permit to Wilfred Scherer for a meat
processing operation. The term was for 20 years and is
renewable. The reason for the renewable clause was the fact that
the city wanted to make sure that there was compliance with
federal and state standards regarding meat processing. Mr. and
Mrs. Scherer wish to continue on with the past use and they want
their children, namely Robert and Steven Scherer, to continue
with this meat processing operation in the event Mr. and Mrs.
Scherer are unable to do so or in the event of their deaths.
This business has been their livelihood for the past 45 years.
In the event they sold their property to a third party other than
their children, then they would relinquish their property rights
to this business continuing on the property. The nonconforming
use should terminate. Mr. Scherer has been seriously ill with
the shingles and has been unable to attend to all of his duties
including duties as a councilmember. He does not request special
consideration because of the above, but does want to continue his
business as he has in the past for his, his wife's and his
children's benefit. He rejects the terms contained in the
proposed Declaration and asks that the terms he has suggested in
his letter be incorporated in the Declaration.
Robert Franklin who was the council member who moved to pass the
original resolution in 1972, said that the original resolution
had no conditions in it. However, there were conditions in the
resolution adopted March 7, 1972 with regard to its transference
and the death of Wilfred Scherer and the 20 year renewable clause
in it.
Gary Acromite asked what was the difference between the 1972
resolution and the one the city recently passed to renew that
one.
Ron Batty explained that the original one had the 20 year
renewable clause, and that the permit couldn't be transferred.
He explained that the new one was renewable for 10 years, but
that if Mr. Scherer was unable to continue in the day to day
operation of the business, retired or died that the sons would
have 5 years to relocate the business.
Gary Acromite asked if the old resolution said that the business
could be passed on to another member of the family, and asked if
the new resolution said the same.He noted that there had been
some discussion at the last meeting to turn both documents over
to a judge for a declaratory judgement on their interpretation.
Ron Batty said that he believed the 1992 council didn't intend to
change the meaning of the 1972 resolution.
Gary Acromite asked if Mr. Scherer expects it to change.
George Gubbins said that it cuts out the children.
Marty Schneider, 1235 Hunter Drive, said that he thought that the
original council probably did not intend for the children no to
remain in the business, and asked what the council's feeling was
on this.
Gary Acromite said that, at the risk of sharing a feeling, the
business is a nonconforming use and this is how the council would
117
react if it wasn't Hunk. However, they have to balance this with
the logic and rule making. They cannot give special treatment.
The council wants the business to continue, but not
indefinitely.He noted that the original resolution didn't want
the business to continue forever as evidenced by the stipulation
that it couldn't be transferred to others and terminated upon the
death of Mr. Scherer.
Graciela Gonzalez, 3072 Willow Drive, said that it was a family
farm and she didn't think that the original council meant that
the business couldn't be kept on in the family, only the transfer
outside of the family.
Marty Schneider said that their type of operation is what draws
people to Medina.
Emil Jubert, 1182 Hwy. 55, said that he had heard of no
complaints on Hunk's business.
Ann C. Thies asked if their were any other businesses that were
similar in Medina.
Loren Kohnen said that he would have to check, but he thought
that perhaps there were approximately six.
Ann C. Thies said that she would like some background. She said
that she didn't agree that this meat business was a necessary
part of an agricultural operation.
Moved by Thies, seconded by Mitchell to table the request by
Wilfred Scherer for his children to be able to continue in his
meat business until more information can be obtained regarding
like businesses within Medina until the first meeting in August.
Motion declared carried.
Ron Petrucci - Final Subdivision Approval
Loren Kohnen said that he had reviewed the final plat provided by
Mr. Petrucci and find all items required have been complied with.
City Attorney, Ron Batty, has reviewed the abstract of title. He
said that he would recommend to the city council that Ron Batty
be directed to prepare the final resolution.
Ron Batty said that the trail easement was a separate instrument.
He said that he had not gotten the signed trail easement back
from the fee owner, the Kohnen's as they are out of town. He
said that Mr. Petrucci had requested that the resolution be
signed at this meeting, saving one step, and that he had the
resolution prepared if the council would take that action.
Loren Kohnen said that the septic sites have been staked.
Robert Mitchell said that he saw problems when these were rushed
through when all the conditions had not been met.
Moved by Mitchell, seconded by Thies to direct staff to draft a
resolution granting final approval to Ron Petrucci, for Final
Subdivision Approval for Jack Russell Ridge, property at
southeast intersection of Hamel Road and Parkview Lane, after the
easement documents had been signed.
Motion declared carried.
W.F. Schroeder, Final Subdivision Approval
Loren Kohnen said that he had reviewed the final plat and found
all things in order. City attorney had reviewed the abstract of
title. He said he would recommend to the city council that Ron
118
Batty be directed to prepare the final resolution.
Ann C. Thies asked Ron Batty if he noticed anything on the final
plat that was needed.
Ron Batty said the wetlands easement.
Loren Kohnen said that it would be on the hardshell.
Moved by Thies, seconded by Mitchell to direct staff to draft a
resolution granting final subdivision approval for W.G. Schroeder
for 2 Lot Subdivision at Co. Rd. 19 and Hamel Road.
Motion declared carried.
7. $16,000 RELEASE OF ESCROW - SOUTHRIDGE FARM
Moved by Thies, seconded by Mitchell to release the $16,000
escrow as requested.
Motion declared carried.
8. PLANS AND SPECS FOR TOWER DRIVE, MAPLE STREET AND PIONEER TR.
Glenn Cook went through the plans specs to the council.
Robert Mitchell asked about vacating the road easement for
Pioneer Trail for its realignment to Highway 55.
Ron Batty said that he hadn't done anything about it yet.
Moved by Mitchell, seconded by Thies to adopt Resolution 92-51,
92-52, and 92-53 accepting the plans and specs for these projects
Motion declared carried.
9. HIGHWAY 12 SCOPING MEETING
Ann C. Thies discussed the public hearing meeting that had been
held on this subject on June 30.
10. NORTHWEST SUBURBAN CHAMBER OF COMMERCE - REQUESTING GAMBLING
FUNDS TO BE GIVEN TO THE HAMEL RODEO FOR OPERATING EXPENSE
Robert Mitchell said that he and the Mayor had met with the
chamber people regarding giving money from the charitable
gambling to the city for charitable uses. He said that they
should check with the city attorney regarding this. He said that
the chamber would then like the money to be used to promote
development in the area.
Moved by Mitchell, seconded by Acromite to approve the use of
charitable gambling funds of $3,660.00 to be given to the Hamel
Rodeo for operating expenses.
Motion declared carried.
11. BILLS
Moved by Thies, seconded by Mitchell to approve the bills, order
check #10888-10983 for $128,637.30, and payroll check #12817-
12855 for $26,559.78.
Motion declared carried.
Moved by Thies, seconded by Mitchell to adjourn.
Motion declared carried.
Meeting adjourned 9:20 p.m.
gting Clerk -Treasurer