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HomeMy Public PortalAbout09/05/72 CCM91_ The Council of the Village of Medina met in regular session on Tuesday, September 5,' 1972 .at 7:33 P. M. • Wayne Neddermeyer - Mayor in Chair Priscilla Arens - Clerk All members present The minutes of the regular meeting of August 1, 1972 read. Moved by Arthur Theis that the minutes be approved as read. Seconded by Donald Des Lauriers Motion carried. The minutes of the special meeting of August 21, 1972 read. Moved by Donald Des Lauriers hgt the minutes be approved as'read. Seconded by Robert Franklin Motion carried. The minutes of the Planning Commission meeting of August 21, 1972 read. The minutes of Public Hearing of'AUgu.st 23, 1972 held by the Planning Commission read. sal A limited number of persons expressed their views with regard topecthe/pe mit for WCCO; Sheldon Coplin expressed his opp6sition and reasons for issuing a special use permit; Gordon Mikkelson of WCCO bxo ght out some answers to matters previously }Drought up; C.O.Dorweiler fF his opinion as an appri,iser th:=t the tower would have no effect on land values; Jim Lane brought out that the granting the special use permit.diA not meet with the Village Code; James Hawks of Midwest Planning explained that this use is drompatible with the zoning and planning study made with a number villages including Medina in 1962; George Gubbins answered some questions and explained same; S. Coplin advised that Medina Marna and Land Owners numbered apprxima.tely 200, whom he represented; Robert Franklin gave a report and resume of the entire problem. Moved b; Robert Franklin to pass Resolution 72-14 as follows: A RESOLUTION GPAHSING A SPECIAL USE PERMIT FOR CONSTRUCTION, MAINT� NANCE AND OPEP_=_TION OF API R!1DIO TRANSMISSION TOWER ATE RELATED FACILITIE": WFi: REA.S the Village of Medina has received an application from Midwest Radio -Television, Inc., for a special use permit for construction, maintenance and operation of an AM radio transmission tower and related facilities on cert.in property within the Village of Medina; and WHEREAS a public hearing on said application'was held August 23, 1972, by the P1a ning Commission of the Village of Medina; and WHEREAS the Planning Commission, by a dote of 8 to 1, recommended to the Village Council that the aforesaid special use permit be granted; and WHEREAS the' Medina Village Council determines that the application of and uses proposed by Midwest Radio -Television, Inc., qualify in every respect for the special use permit for which it has applied; NOW THEREFORE BE IT RESOLVED by the Village Council of _tle Village of Medina: THAT the Village Council hereby approves and issues a special use permit to Midwest Redio-Television, Inc., for the following described property: The North 460 feet of the Northwest quarter (NWT) of the Southwest quarter (SW ) of Section 19, Township 118 North, ?range 23 West; ' The North 460 feet of that part of the Northeast quarter (NE1,) of the Southeast :';uarter (SEn lying East of the West 792 feet thereof, all in Section 14, Township 118 North, Range 23 West,; That part of the Southeast quarter (SE71) of the Northeast ".ua.rter (NE ) 92 lying East of the West 792 feet thereof, all in Section 14, Township 118 North, Range 23. West,. except the North 2 rods thereof; The Southwest Quarter (SW'_.:) of the Northwest 'quarter (NW') of Section .13, Township 118 North, Range 23 West, except the North 2 rods thereof; THAT this special use permit is approved.and issued only for the following specified uses: Construction, maintenance and operation of a Franklin Antenna transmission system for Am radio at 830 KHz only, not to exceed 1,200 feet in height from ground level; Construction, maintenance and operation of a building, not to exceed two stories in height, for such equipment and working space as may be necessary for operation of the transmission system; Construction, maintenance and occupancy of one residence; THAT THE VILLAGE Council approves this special use permit only subject to the following terms and conditions, and tl-ey are made a part of said permit: 1. This special use permit shall become effective only at the time that the Village of Medina receives evidence that Midwest Radio - Television, Inc. (hereafter referred to as "Midwest") has received approval for the transmission facility from the. Federal Communications Commission (FCC) and is permitted under rules and regulations of the FCC to begin construction. 2. Site plans shall conform generally to the proposals set forth in applicant's Exhibit B, the publication entitled 'Environmental Effects a.f Proposed WCC19 Radio Antenna Project in the Village of Medina, Minnesota" and dated February 1972, and specific site plans shall be approved by the Village Council prior to issuance of Z$rbuilding -.ermit. 3. Midwest shall negotiate with the Village Council, prior to issuance of a building permit, agreements providing for: a - Such road easements and road construction as the Village may reascil)abky require. b - Dedication of allOtaents for recreational trails as may reasonably be required. c.- Contribution of park land or a cash equivalent to the Village, as is re- quired in the platting of land. d - Village inspection of the design and construction of Midwest's facilities, at no cost to the. Village, e - Insurancd to -be carried by Midwest at no cost to the Village to protect Midwest and the Village from bodily injury and property damage liability, 4. Midwest shall assume.responsibility for correcting any, adverse effects its installation may have on radio, television or short -wave communic.etion. 5. Midwest shall not operate its tr nsmission facility before a certificate of completion is issued by the Village. 6, Lighting of the Midwest facility shall be in accord with appropriate federal and state regulations; however, if it is in a -cord with such regulations, only red lights shall be used on the tower and lighting of the ground area shall be shielded so as not to shine directly onto neighboring properties. 7. Midwest shall consult from time to time with the Village Council and with authorities in the field about efforts to reduce mortality among migratory birds caused by their flying into trpns- mission towers and guy wires. 8. This special use permit is issued without fee but it -shall expire and become mull and void if construction of..Midwest't proposed transmission facilities does not begin within 12 month of the time that Midwest is permitted to start such construction under the laws and regulations of the United States and. the Mtat.e of Minnesota. 9. Thie special use permit shall expire and become null. and void either upon mutual agreement of Midwest.and the Village Council or at such timeas use of the transmission f- ci lity has peen abal-r9oned for more than 90 days for reasons other than re- construction, repair or national emergency; in the event that the non-residential facilities are so abandoned, the owner shall remove such facilities including chain -link fencing within 12 months and shall. restore. the site of such f cilities to a natural state, 10. Until a building permit is issued, Midwest shall report briefly in writing to the Village Council the status of all other applications and proceedings affecting its Medina facility, such reports to.be made quartZielry, beginning in January 1973; Midwest shall further report annually the property 93 taxes derived. by the Village, school districts and county from its Medina facility. 11. Midwest shall filea certified copy of this resolution with the Hennepin County Register of Deeds in connection with property listed on Page One above. Seconded by Donald Des Lauriers Council Members polled: Donald Des Lauriers, yes; Arthur Theis, yes;, Wayne Neddermeyer, yes; Robert Franklin., abstained: and Thomas Stevens, no. Motion carried. Ambrose Brown appeared to explain the addition on his bill for cleaning the water tower. After discussion Thomas Stevens recommended paying the bill. Ray Kempf appeared with regard to getting a special use permit for the Dillman property. George Gubbins is to prepare a resolution for awarding this special use permit and Mr. Kempf is to appear at the special meeting on• September 20th. ' Moved by Arthur Theis to set the date for a special meeting for Wednesday, Septemberga"t 7:30 to work on the Budget,also to take care of the Kempf matter and to interview Mr. Schneeweis of Ehlers and Associates. Seconded by Thomas Stevens Notion carried E. Koch appeared with regard to the house in Independence Beach. G. Gubbins informed Council that Mr. Koch would like to have to October to fix it•up. Moved by Thomas Stevens to authorize the Clerk to make the transfers as out- lined by Strand Roe in the Audit Report. Seconded by Donald Des Lauriers Motion carried. Robert Franklin presented a preliminary report on the Comprehensive Sewer Plan. Moved by Robert Franklin that we adopt the report and send it on to the Metro Council. Seconded by Arthur Theis Motion carried. Proved by .Robert Franklin.that the Council as a Committee of the Whole meet with the Park Committee at a mutual time and place to discuss the boundaries and other matters. Seconded by Donald Des Lauriers Motion carried Moved by Arthur Theis to pay the bill for nursing services for 1973 in the amount of ,';814.64, and also execute the contract for services for 1973 with the Suburban Hennecpin County Nursing District. Seconded by Thomas Stevens. Council members polled: Arthur Theis, yes; Donald Des Lauriers, yes, Robert Franklin, yes, Wayne Neddermeyer, yes; and Thomas Stevens, yes; Motion carried. Moved by Arthur Theis to pay the bills as follows: Payroll in the amount of .5,556.54 and order checks in the amount of i9,107.83/ Seconded by Donald Des Lauriers Motion carried. • ' It 94 Donald Des Lauriers, Chaiiman of te Road Committee, reported -on price quotations on snow plows as follows: Itasca - Wausau plow °1,054.00, and Charles Olson Co, Frink plow 11,531.00. Explained the difference in the type of plows. Moved by Donald Des Lauriers to buy the Frink snow- ; plow from tLe Charles Olson Co. Seconded by Thomas Stevens ' - Motion carried. Moved by Thomas Stevens to authorize Donald Des Lauriers tb sign the purchase agreement for the Frink snow plow to be purchased from the Charles Olson Co. Seconded by Robert Franklin Motion carried. Moved by Robert Franklin to approve •the 'order to tear down the old dance hall in the Indepemdence Beach area. Seconded by Thomas Stevens Motion carried.. Moved by Robert Franklin to go on to the Propertyldentification Program, at a cost ofeapproximately 1C;0.00. Seconded by Arthur Theis Motion carried. Moved by Arthur Theis that the meeting adjourn. Seconded by Thomas Stevens Motion carried. Meeting adjourned at 10:45 F. M. d, Clerk A letter from the Northwest Suburban Chamber of Commerce thanking the Council and Police Officers in .the matter of the Polka Night dance. A letter from A. G. ~person in appreciation for the work done on Hamel Road to improve its condition.