HomeMy Public PortalAbout08/04/92 CCM124
ORDER CHECKS - AUGUST 4, 1992
10993 Delta Dental $ 453.70
10994 Medica Choice 2,913.90
10995 Postmaster 300.00
10996 Budget Printing 53.88
10997 Hennepin County Treas. 3,098.96
10998 U.S. West Cellular 144.61
10999 Copy Duplicating Prod. 152.90
11000 Greater N.W. Office of R.E. Asses. 2,040.00
11001 Fortin Hardware 91.06
11002 U.S. West Communications 259.23
11003 A T & T 52.50
11004 Wright -Hennepin 917.92
11005 Medcenters Health 909.50
11006 Streichers 21.25
11007 Metropolitan Waste Control 6,750.00
11008 Minn Comm Paging 40.59
11009 Long Lake Ford Tractor 92.65
11010 Shakopee Ford 211.48
11011 Genuine Parts 120.78
11012 Reynolds Welding 12.88
11013 NSP 2,217.51
11014 Crow River News 868.88
11015 Bonestroo, Rosene, Anderlik 18,241.56
11016 Commercial Life 42.70
11017 Commercial Life 42.70
11018 Midwest Business Products 154.89
11019 Wright Recycling 66.88
11020 NSP 681.84
11021 Amelia Kroeger 864.00
11022 American National Bank 40,176.25
11023 Feed Rite Controls 118.19
11024 Midwest Asphalt 308.81
11025 Blitz Foto 14.16
11026 Ziegler, Inc. 539.98
11027 Carruthers & Talon 3,896.64
11028 Randy's Sanitation 78.81
11029 Lake Business Supply 302.33
11030 Dolphin Temporary 1,596.28
11031 Wenck Associates 1,309.45
11032 Scott Stillman 85.00
11033 Babcock, Langbein & Co. 4,600.00
11034 Davies Water Equip. 271.58
11035 Holmes & Graven 18,051.31
11036 Dundee Nursery 10.00
11037 Dundee Nursery 70.63
11038 Allan Larson 50.00
11039 West Hennepin Auto 818.41
11040 BRC 38.33
11041 Harmon Glass 43.50
11042 Southam Business Communications 142.04
11043 West Hennepin Recycling Comm. 200.70
11044 Automatic Garage Door 20.72
11045 Glenwood Inglewood 25.75
11046 Biff's Inc. 149.28
11047 Gary's Diesel 25.46
11048 St. Joseph Equipment -6 758
Vc: l / C
125
ORDER CHECKS - AUGUST 4, 1992 (CONT'D)
11049 Omann Brothers
11050 The Rockwood Corp.
11051 Gateway 2000
11052 Viking Fence & Const.
11053 Copy Sales, Inc.
11054 Jill McRae
11055 Prolawns Assoc.
11056 Sazama Exc.
11057 Metropolitan Waste Control
11058 Star Tribune
11059 Jeremy Marr
11060 Hennepin Co. Treasurer
11061 Twin City Water Clinic, Inc.
11062 E-Z Recycling
11063 A T & T
11064 Farmers State Bank of Hamel (S.S.)
11065 P.E.R.A.
12875
12876
12877
12878
12879
12880
12881
12882
12883
12884
12885
12886
12887
12888
12889
12890
12891
12892
12893
12894
12895
12896
12897
11,500.00
33.45
725.00
275.00
49.99
14145.00- V°'
1,852.00
11,583.00
171.60
111.00
11.64
20.00
2,286.90
121.42
639.83
1,211.13
$449 , 052 40
/u ) ?4,(/i
PAYROLL CHECKS - AUGUST 4, 1992
Gary Acromite
Ann C. Thies
Robert Mitchell
Philip Zietlow
Wilfred Scherer
Wayne Wallace
Jill McRae
Richard Rabenort
Michael Rouillard
Scott Stillman
James Dillman
Robert Dressel
Edgar Belland
Cecilia Vieau
Laura Monroe
Sandra Larson
Benedict Young
Michael Glampe
Commissioner of
Rev. (from 7/21)
Farmers State Bank of Hamel (S.S.)
Farmers State Bank of Hamel (Fed.)
P.E.R.A.
Commissioner of Revenue
207.79
138.52
138.52
138.52
138.52
876.67
922.99
1,045.72
882.20
693.59
1,015.99
888.12
723.65
540.07
699.08
593.59
858.30
381.44
744.65
639.83
1,770.67
888.37
723.37
$15,650.17
oeK
126
The Council of the City of Medina met in regular session on
August 4, 1992 at 7:30 p.m.
Present: Mayor, Gary Acromite; Councilmembrs, Robert Mitchell,
Philip Zietlow, and Ann C. Thies; Acting Clerk -
Treasurer, Laura Monroe; Public Works Director, Jim
Dillman; Planning & Zoning Administrator, Loren Kohnen;
City Engineer, Glenn Cook; Police Chief, Rick Rabenort;
City Attorney, Ron Batty
Absent: Councilmember Wilfred Scherer
1. ADDITIONAL AGENDA ITEMS
Gary Acromite said to add the Lou Newman Cancer Classic
foundation request for lawful gambling exemption for September
12-13 be added to the agenda. He aslo asked that the BFI Report
be added to the agenda.
Ann C. Thies asked that the request for the outdoor concert at
Medina Ballroom in September 1992 be added to the agenda.
2. MINUTES OF JULY 27, 1992
George Gubbins, attorney for the Laurents who have property along
Highway 55 said that notices were to be sent out for the special
meeting, but they received none until after the meeting.
Ron Batty said that the notices were sent out for the special
meeting.
Gary Acromite said that they could go through the items of the
July 27 meeting one at a time if necessary before the agenda
items of this August 4 meeting. He asked the Laura Monroe when
the notices were mailed.
Laura Monroe said that the notices were mailed in Hamel on July
22. They were taken and placed into the mailbox in front of the
post office by the public service officer on that date.
Ron Batty said that the city made a good faith effort to send the
notices out on time.
Moved by Mitchell, seconded by Zietlow to accept the minutes as
presented.
Motion declared carried.
3. 1993 BUDGET
Gary Acromite asked if Jeanne Vanda of Ehlers and Mark Babcock,
the City Auditor would be available to help staff this year with
the preparation of the 1993 Budget.
Jeanne Vanda said that she can help in terms of getting more
standardized process for capital improvements, cash flow projects
on TIF.
Gary Acromite said he would like to know the terms of investments
and payments due. He asked if each department head had been
looked at the 1992 budget versus actual.
Rick Rabenort said that he was generally close to being on
budget.
Jim Dillman said that he was going to try to stay within the
budget but some things are difficult.
Gary Acromite said that he would like the budgeting to be more
127
realistic by doing it monthly in addition to annually. He asked
when the first budget review was done in 1991 since this is
already the first meeting in August, and when the budget should
be discussed this year.
Jim Dillman suggested the second meeting in August and the first
meeting in September.
Laura Monroe said that the budget was discussed in October of
1991 according to the minutes and finally adopted at the December
17 meeting.
Moved by Thies, seconded by Acromite to direct staff to have the
first draft of the budget process at the first meeting in
September, to schedule the public hearing requirements and set
tax for 1993.
Motion declared carried.
3. MIS STATUS REPORT
Mike Broberg said that he was working on three areas, one was to
update the city base, including financial information to parcels
in the city. This project was on course and to date through
August. He had been working on the new city financial reporting
system which will see to the budgeting process. He said he will
be done in November.
Gary Acromite asked about the wish list for the police
department.
Mike Broberg said that was a three year plan.
4. MINNEGASCO - EXPLANATION OF GAS LINE EXPANSION IN RURAL
MEDINA
Richard Pilon, Senior Administration Engineer, Engineering &
Material Services, Minnegasco introduced Jim Clock, Manager of
Residential Energy Services and Mary Hegstrand, Representative of
Residential Energy Services for this area. She replaces Bryan
Petricka who used to be over this area. They made a presentation
of the gas lines in Medina that exist, and said that any
residents that want gas to contact Mary Hegstrand at Minnegasco.
5. HENNEPIN CONSERVATION DISTRICT - MEETING REPORT, PAT WULFF
Pat Wulff said that she attended the meeting on Wednesday, July
29 regarding funds to combat infestations of Eurasian Water
Milfoil. She said that the city was a good candidate to get some
of this money. She said that they would treat 70 acres of Lake
Independence and that 25 acres were treated last year. The cool
summer has kept the growth down this year.
6. POLICE DEPARTMENT
Drug Testing Policy
Rick Rabenort said that the proposed drug testing policy for the
police department represented state laws.
Moved by Thies, seconded by Zietlow to accept the proposed drug
testing policy and make it part of the 1991-1992 and following
years police union contract.
Motion declared carried.
Robert Mitchell asked if there was any open union contract issue.
128
Rick Rabenort said that the fitness issue, but it was dropped.
Medina Ballroom Concert Request
Ann C. Thies said that with the 15 recommendations that staff
proposed pretty much locked in all contingencies.
Gary Acromite asked if council hadn't already approved this
request.
Rick Rabenort said that council had directed staff to come back
with recommendations.
Gary Acromite asked how it would be handled if the concert got
too crowded.
Rick Rabenort said that the police officer would cut it off.
Robert Mitchell said that there could be limitations for the
number of tickets. He asked if they were willing to pay for any
costs that the city incurrs for this.
Rick Rabenort said that they were being very cooperative.
Moved by Mitchell, seconded by Thies to table the request for the
Outdoor Concert at Medina Ballroom for September 27, 1992 and
direct staff to involve the city attorney for any final
recommendations to this request for the next meeting.
Motion declared carried.
7. PUBLIC WORKS DEPARTMENT
Community Development Block Grant Update
Jim Dillman said that the City has allocated the $15,238.00 CDBG
funds to two projects, storm water management plan $7,500 and
park and trailway plan for $7,738. The City needs to pass a
resolution to authorize the signing of the agreements with
Hennepin County.
Moved by Mitchell, seconded by Zietlow to adopt Resolution 92-54,
Authorizing the Mayor and Clerk to Execute the Subrecipient
Agreement with Hennepin County for the Urban Hennepin County
Community Development Block Grant.
Motion declared carried.
Accept Bids for 1992 Street Projects
Glenn Cook said that the bids have been received on the 1992
Street Improvement Projects wich includes three street segments,
Pioneer Trail, Maple Street and Tower Drive. The City will be
completing the grading and gravel base work on Pioneer Trail and
Maple Street prior to the contractor starting work. The low bid
was Buffalo Bituminous with a bid amount of $78,848.50 and it is
recommending awarding the project to them.
Moved by Thies, seconded by Acromite to adopt Resolution 92-62
accepting the bid for the improvement of Maple Street from County
Road 19 to a point 150 feet east of Aspen to Buffalo Bituminous.
Motion declared carried.
Moved by Thies, seconded by Acromite to adopt Resolution 92-63
accepting the bid for the improvement of Tower Drive from Hamel
Road to a Cul De Sac west of Pinto Drive to Buffalo Bituminous.
Motion declared carried.
Moved by Thies, seconded by Acromite to adopt Resolution 92-64
accepting the bid for the improvement of Pioneer Trail from T.H.
55 to a pont 1,500 feet Southeast thereof to Buffalo Bituminous.
129
Motion declared carried.
Wright Hennepin Electric - Tuckborough
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-55
for Wright -Hennepin Electric to install 2 - 15 KV cable crossings
located at Tuckborough Farm 5th Addition.
Motion declared carried.
Minnegasco - Permit, Co. Rd. 11
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-56
for Minnegasco to install a gas main at Co. Rd. 11, Mallard to
Windmill.
Motion declared carried.
Minnegasco - Permit, Tuckborough
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-57
for Minnegasco to install a gas main at Navajo Rd., Capriol Dr.
in the Tuckborough Farm Development.
Motion declared carried.
Wright -Hennepin Electric - 3392 Hamel Rd.
Moved by Mitchell, seconded by Acromite to adopt Resolution 92-58
for Wright -Hennepin Electric to install service across Hamel
Road, remove overhead at 3392 Hamel Road.
Motion declared carried.
Hunter Park Trail
Jim Dillman said that the City has received permission from Neil
Wolfe at 3390 Elm Creek Drive to use a portion of his property
for the construction of a trail from Elm Creek Dr. to Hunter
Park. This trail will run parrallel with Hunter Drive, extending
from Elm Creek Drive to the parking lot in the park. The plan is
to construct 800 ft. of an 8 ft. wide paved trail. The cost of
materialsa required should not exceed $7,000. If the council
approves the construction of this project, the funding will be
from the Park fund. This trail should reduce some of the
complaints we have been receiving about speeding traffic on
Hunter Drive and will be the first link in a trail that could
extend beyond the park area. He said that the width of the
property being donated is 10 feet wide.
Phil Zietlow asked if this would be non -motorized traffic only.
Jim Dillman said that it would be non -motorized traffic.
Moved by Zietlow, seconded by Mitchell to approve the
construction of a trail on the property of Neil Wolfe of 3390 Elm
Creek Drive, as proposed.
Motion declared carried.
Pioneer Trail
Jim Dillman said that they had a request from Jim Doboszenski at
3585 Pioneer Trail to extend the pavement to the easterly edge of
his property. Currently the pavement will end in the middle of
his property. Doboszenski is aware of the assessment. The total
length of the roadway is 172 feet and the estimated additional
constract construction cost for the surfacing extension is
$7,564. The estimated additional city construction cost for the
130
grading extension is $5,000.
Glenn Cook said that the Doboszenski's would have to sign a
petition and waiver agreement for the assessment.
Gary Acromite asked what is the process to do this project.
Ron Batty said that it would be a new project and that the City
would have to comply with hearing requirements prior to ording
the project. A public hearing would be necessary unless the city
received a petition asking for the project from the owners of
100% of the land abutting the extension.
Robert Mitchell asked if we would get 100% of the cost from the
assessment. He said that they could move forward for the
basework, even if they don't do the paving.
Gary Acromite said that if they didn't order the project, would
the basework be a good investment on the road.
Robert Mitchell said that the basework would go away after time
if it isn't paved.
Moved by Zietlow, seconded by Mitchell to adopt Resolution 92-67
calling for a Public Hearing on the Improvement of Pioneer Trail,
from a point 1,500 feet south of T.H. 55 to a point 1672 feet
southeast of T.H. 55 as proposed, the hearing for the project to
be held September 1, 1992.
Motion declared carried.
8. PLANNING AND ZONING DEPARTMENT
W.G.Shroeder - Final Approval for Subdivision
Loren Kohnen said that the applicant respectfully withdraws his
application. No action is required.
Robert Ryan - Variance
Loren Kohnen said that Robert Ryan of 1762 Tamarack Drive is
requesting a variance for an innovative septic system
replacement. He has employed Steve Schirmers of S.P. Testing to
design a replacement septic system to replace a failing system.
Mr. Schirmers proposes to use the Multi -Flow system and an
additional 250 square feet added to the existing drainfield. The
Multi -Flow system is approved by the state and in the P.C.A. rule
7080 for new installations. The variance request is to allow an
installation of a 250 square feet of drainfield to an existing
drainfield too close to mottled soil. The required separation is
3 feet, and they are requesting zero feet. The system has proven
itself in other states to remove 96-98% of harmful bacteria and
varus. Loren said that he recommended that the total system be
inspected and monitored once per month for a period of one year
with notes and findings delivered to Medina city offices each
month and tabulation at the end of one eyar's operation. At this
time the building official may require the monthly reporting to
continue for at least another year.
Gary Acromite asked what mottled soil was.
Loren Kohnen said that it is where ground water has been at least
that high. He said that the Planning Commission recommends
approval of this variance.
Gary Acromite asked why this system was okay to be in direct
contact with mottled soil.
131
Steve Schirmers said that the aerobic system breaks down wastes
before it goes into the drainfield site. The only other option
for them is holding tanks, which are costly to maintain. He said
he will be checking the system twice a year. He said that they
were trying to recover the old system that had failed.
Gary Acromite asked what would happen if the system fails.
Steve Schirmers said that if the system doesn't recover, then a
shallow trench system should be installed.
Robert Mitchell asked how old the house was, and the size of the
lot.
Robert Ryan said it was built in 1970 and it was approximately 2
acres.
Robert Mitchell said he thought that in the Comprehensive Plan
that septic systems would be inspected on a regular basis, and
this would take effect after the more strict period of time is
over to inspect this system.
Moved by Mitchell, seconded by Thies to direct staff to draft a
resolution granting variance approval to Robert Ryan, 1762
Tamarack Drive as proposed, including the planning commission
recommendations, the hardship being that there is no other
property available for a septic system, and the house is 22 years
old.
Motion declared carried.
Richard Inselman - Variance
Loren Kohnen explained that Mr. Inselman wished to add a 20 x 24
foot garage to his existing home. The variance requested is 2
feet from the 30 foot setback, or a 28 foot setback. The
existing house is 26.3 feet from the property line. There will
be no problem with someone backing out of the garage or persons
parking in the driveway. The request is consistent with others
requested in the area.
Moved by Thies, seconded by Zietlow to direct staff to draft a
resoltuion grating variance approval to Richard Inselman, 2985
Ardmore Avenue, as proposed, the hardship being the location of
the existing house, and it being consistent with others in the
area.
Motion declared carried.
Ann Donahoe - Lot Line Rearrangement
Loren Kohnen said that the applicant wishes to combine the 2 lots
she has purchased in Bantle Farms so as to construct an animal
structure near their new home. The home is now under
construction. The total lot area will be 14+ acres.
Robert Mitchell asked if they had to vacate the easement between
the lots as they now exist.
Glenn Cook said they should.
Moved by Mitchell, seconded by Zietlow to direct staff to draft a
resolution granting approval for the lot line rearrangement for
Ann Donohoe, 2475 Bantle Farm Road as requested, and authorize
staff to preceed on vacating the easement as it now exists along
the property line.
Motion declared carried.
132
Martin Benis - Variance
Loren Kohnen said that the applicant is requesting a front yard
variance for a 13'6" x 10'9" breakfast and kitchen addition. The
setback is 50 feet, the request is 36'2" or a variance of 13'8".
The northeast corner of the house is only 34'6" from the front
property line. The addition will not impede the visibility of
traffic from Holy Name Drive and Lakeview Road for the
Bennis family leaving the driveway. He said he would recommend
approval as long as the addition doesn't get any closer than the
existing house does to the property line.
Phil Zietlow asked if the addition was near the septic system.
Loren Kohnen said that the septic system was in the back of the
house.
Moved by Zietlow, seconded by Thies to direct staff to draft a
resolution granting a variance to Martin Bennis, 2185 Holy Name
Drive, as requested, hardship being that the addition will be no
closer to the property line than the existing house, and
consistent with those in the area.
Motion declared carried.
Rebecca Duerr - Lot Line Rearrangement and CUP for Oversize
Accessory Building
Loren Kohnen said that the applicant wishes to combhine 2 lots of
3 that she owns. The two lots combined will be 11.92 acres with
the remaining being 6.4 acres. She wishes to construct an
addition of 40 feet x 48 feet to her existing barn of 30 x 38'
for a total of 3,060 square feet. With the combination of the
two lots, the 150 foot setback will be met. The survey should
show the drainage and utility easements and wetlands easements if
any.
Robert Mitchell asked the difference between a field road and a
driveway.
Loren Kohnen answered, the use.
Robert Mitchell said that the driveway should be mapped out over
the extra lot. He said he was concerned about whether or not the
lot would be buildable with the driveway going over the first
lot.
Rebecca Duerr said that she would rather have an easement over
the first lot.
Moved by Mitchell, seconded by Thies to table the request for
Rebecca Duerr, 1575 Willow Drive for a Lot Line Rearrangement and
Conditional Use Permit for Accessory Building to exceed the 3000
square feet, so that the extra lot may be looked at to make sure
that it will be buildable with 2 sites for septic systems, if the
easement is across it for the driveway for the remaining two
lots, combined, for the existing house.
Motion declared carried.
Suburban Residential Zoning Ordinance
Loren Kohnen said that the Planning Commission recommends to the
City Council approval of the new zoning classification with
requests for clarification of 4 items and deletion.
Ann Thies asked about the setback proposal of 35 feet from the
front yard, and item #4 of Ron Batty's Memo to the Planning
133
Commission of July 30, 1992 about the average width and depth of
the dwellings being at least 20 feet.
Gary Acromite said the 30,000 square foot minimum lot size is
different than in the Comprehensive Plan.
Ron Batty said that 30,000 square feet is approximately the
resulting lot size after the land for streets etc. is
deductedfrom one gross acre. This is amount is what is in
similar to the minimu lot size found and compared to zoning
districts in other communities.
Gary Acromite said that it would always be open for smaller lot
sizes with a PUD.
Ron Batty said that a PUD cannot change overall density.
Robert Mitchell said that on 3B of the proposed ordinance, the
front yard setback should also show 35 feet, and the accessory
structures in 3A of the proposed ordinance should not exceed 100
square feet in size.
Ron Batty suggested that perhaps Subdivision 3 of the proposed
ordinance wasn't needed at all.
Penny Elsenpeter, representative of Planning Commission said that
they didn't have a problem with the 15 foot setbacks, or 30 feet
between houses.
Moved by Mitchell, seconded by Thies to adopt Ordinance #270 for
Establishing a Suburan Residential Zoning District as proposed,
with the exception of omitting Section 826.26.7 Subdivision 3,
and making the proposed Subdivision 4, Subdivision 3.
Motion declared carried.
Loren Kohnen said that in September the Planning Commission would
be looking at the height ordinance, when structures exceed 30
feet in height that they have to be on a minimum of 3.5 acres.
There were some problems in Cherry Hill, and perhaps there would
be in the suburban type district.
David Kelm - Final Subdivision Approval
Loren Kohnen said that the final resolution had been prepared by
the City Attorney, and the final plat. All have been reviewed
and are ready for proper signatures.
Robert Mitchell said usually the council doesn't want to vary
from the procedure, but if everything has been done, then it can
be varied.
Phil Zietlow asked if the septic sites had been staked.
Loren Kohnen said that they had.
Moved by Zeitlow, seconded by Thies to combine both steps for the
final approval, the directing of council to staff to draft the
resolution for final subdivision approval for David Kelm, 3175
County Road 24 for a two lot subdivision, and the adoption of
that resolution, # 92-59, the reason being that all details are
taken care of.
Motion declared carried.
Hunk Scherer - Home Business
Gary Acromite asked if there was any discussion from staff and
council on this subject.
Loren Kohnen said that he had talked to Ron Batty about this and
134
he said that this was not a conditional use permit, but more like
a license. The rationale for nonconforming use is that it can't
be transferred to someone else. Someone else would have to apply
for a license.
Phil Zietlow said that was the decision that was made 20 years
ago, and he would like to go along with their intent at that
time. Perhaps the council at that time was just allowing farming
type businesses to happen.
Gary Acromite said he was inclined to allow other family members,
but asked what the intent was of the original resolution.
Ron Batty said that the original resolution said that it
terminated upon the death of Mr. Scherer. The new resolution was
changed so that the sons were given 5 years to relocate.
Gary Acromite asked if the family could come in and apply. We
would like it to continue, but it is outside the scope of the
resolution.
Robert Mitchell said that they could redraft the resolution as
the original 1972 resolution without the specific transfer issue.
The real question is if it would be a problem as the rest of the
land develops to the south of the property. Perhaps the
resolution should be renewed for 20 years, whether Hunk is alive
or dead, and at the end of the 20 years, then another request for
extension should be made. Or perhaps the same document that was
drafted in 1972 should be renewed for 10 years, and after that
time the applicants can reapply.
Gary Acromite asked if the business was grandfathered, and
doesn't a grandfathered use go with the property title.
Ann Thies said it is difficult to know what the original intent
was, whether or not heirship was considered. 20 years ago, there
were at least two Scherer children in their 20's, so heirship
should have been considered.
Robert Mitchell said that he thought that the decision had been
to let a judge decide, and then have him tell the council his
decision based on the first resolution, and the one that was
recently passed.
George Gubbins, attorney for Mr. Scherer, said that the original
resolution was because of health department regulations. Hunk
made application for the original resolution with a willingness
to comply. The council drafted the resolution because, but there
had been no complaints, except one from people about the
resolution, and the person who originally complained 20 years ago
even purchased meat from Hunk. He said that the city had no
ordinance with respect to the handling of meat. Mr. Gubbins
explained the history behind the original resolution, as he had
done in the previous meeting. He submitted copies of letters to
council from the Minnesota Department of Agriculture relating to
water samples and meat samples in which there were no violations
of state requirements. He said that Mr. Scherer's wife has just
as much interest in the business as 45 years ago, in addition to
the two sons who are involved in the business. He listed names
of other "grandfathered" businesses in Medina. He asked why Hunk
was being "picked on". He said that the businesss should be able
to continue with both the wife and children.
Val Higgins, 1766 Morgan Road, said that he was present at the
135
council meeting when the original resolution was adopted in 1972.
He said that though that original council wasn't as sophisticated
as this one was, that it was their intent to grant the permit,
and if they kept their nose clean that it could be renewed. He
doesn't know where this council got the idea that it couldn't be
transferred, as they didn't consider heirship as transferring the
business. The original council only considered selling the
business as transferring it. He said he could see no reason to
limit it to only Hunk himself.
Emil Jubert, 1182 Hwy. 55, agreed.
Phil Zietlow said that they should move to modify the 1972
ordinance with modifications.
Ron Batty said that the recent resolution now stands, and that a
new one would have to be drafted.
Moved by Acromite, seconded by Zietlow to direct staff to draft a
resolution, with the intent of the original resolution in 1972
for Wilfred Scherer, 2672 Willow Drive, for his meat business,
with some clarification on the language as to its transference,
to include his wife, Beatrice, and sons, Steve and Bob, with it
to be renewed in 20 years, and looked at in the interim time,
with regard to any problems that may arise.
Motion declared carried.
Twinco - Preliminary Subidivion Request
Loren Kohnen said that he reviewed the plan submitted
and find it in compliance with all requirements. Lot
is 10 acres in size.
Moved by Mitchell, seconded by Thies to direct staff
resolution granting preliminary subdivision approval
Automotive, Willow North of Hwy. 55 as proposed.
Motion declared carried.
by Twinco
2, Block 2
to draft a
to Twinco
Ron Petrucci - Resolution
Ron Batty said that the trail easement will be handled at the
closing of this property. He said that he had talked with
Petrucci's attorney, Tom Crosby, and arrangements had been made
for their proper execution.
Moved by Thies, seconded by Zietlow to adopt Resolution 92-60,
granting final approval to Jack Russell Ridge.
Motion declared carried.
Jeff Cates - Final Subdivision Approval
Moved by Mitchell, seconded by Zietlow to direct staff to draft a
resolution for final approval for Jeff Cates, as proposed.
Motion declared carried.
9. DECERTIFICATION OF TIF DISTRICT 1-7
Moved by Zietlow, seconded by Thies to adopt Resolution 92-61, to
Decertify TIF District 1-7.
Motion declared carried.
10. APPRAISALS FOR HAMEL AREA TRUNK SEWER
Ron Batty said that the properties outlined in Glenn Cook's
letter of July 28, 1992 which are properties with easement
136
numbers: 1, 2, 3, 6, 7, 9, 18, 26, 29 and also 30, 31 and 32, for
Feltl, and 33 and 34 for Twin City Monorail are to be appraised.
The request is for approval of BCL Appraisals to do the work at
$135.00 per hour as proposed in their letter to Holmes & Graven
of July 23, 1992 for the 14 parcels.
George Gubbins said that he represented the Laurents, Norbert,
Donald and two sisters. He said that they had received an offer
in writing for one easement, but not the other. They object to
the offer, because improvement such as sewer is to improve the
property, and they don't know how many connections they are
entitled to with the assessment.
Moved by Mitchell, seconded by Thies to approve the request for
BCL Appraisals to appraise the properties as proposed, for 14
parcels.
Motion declared carried.
Assessment Roll Adoption for Remaining Properties
Glenn Cook referred to his letter to Jim Dillman of August 4
relative to easements, project schedule and project funding
regarding the Hamel Trunk Sewer Project. There have been
assessment waivers signed for $947,070. The assessment waivers
not signed amount to $254,000.
Jeanne Vanda said that the city can feel safe with the $947
thousand, but anything else is subject to risk.
Moved by Mitchell, seconded by Thies to adopt Resolution 92-66,
the Assessment Roll for the Remaining properties along Highway,
namely parcels 2, 3,6,7, and 9.
Motion declared carried.
Moved by Mitchell, seconded by Thies to direct staff to renew the
financial profile analysis based on the status of the Highway 55
Trunk Sewer project for the August 18 meeting.
Motion declared carried.
11. LOU NEWMAN CANCER FOUNDATION REQUEST FOR LAWFUL GAMBLING
EXEMPTION
Moved by Zietlow, seconded by Acromite to approve the request for
Lawful Gambling Exemption for September 12-13 at Rolling Green
Country Club for Lou Newman Cancer Foundation.
Motion declared carried.
12. BFI REPORT
Loren Kohnen reported on his monthly meeting with BFI and Wenck
Associates.
13. BILLS
Moved by Thies, seconded by Zietlow to approve the bills.
Motion declared carried.
Moved by Mitchell, seconded by Zietlow tf.Q adjourn.
Motion declared carried.
Meeting adjourned 11:12 p.m.
c _-TreasurerIa o