HomeMy Public PortalAbout02/02/93 CCM12
ORDER CHECKS - FEBRUARY 2, 1993
11641 Delta Dental $ 664.35
11642 Medica 3,147.00
11643 Postmaster 300.00
11644 Budget Printing 106.25
11645 Hennepin Co. Treasurer 26.50
11646 Greater Northwest Office of Real Est. Assess. 2,091.00
11647 Barco Municipal Products 58.90
11648 Elm Creek Watershed 2,202.50
11649 U.S. West Communications 244.23
11650 A T & T 534.17
11651 Medcenters Health 1,458.65
11652 Quill Corp. 66.98
11653 Loretto Towing 90.41
11654 Hennepin Co. Treasurer 383.04
11655 Hennepin Co. Treasurer 312.95
11656 Metropolitan Waste Control 9,308.00
11657 Craig Scherber 200.00
11658 Northern States Power 1,428.23
11659 Hennepin Co. Treasurer 287.00
11660 Quest Data 875.00
11661 Bonestroo &Associates 7,605.93
11662 William D. Conley 250.00
11663 Commercial Life 47.40
11664 A T & T 507.00
11665 NSP 685.99
11666 American Bank 205,176.25
11667 Feed Rite Controls 498.66
11668 Northwest League of Municipalities 564.35
11669 Barotn Sand & Gravel 2,203.00
11670 Randy's Sanitation 108.63
11671 Goodyear Auto 113.76
11672 Lake Business Supply 870.28
11673 Dolphin Temporary Services 740.88
11674 Pioneer Creek Watershed 489.00
11675 League of Minnesota Cities 22.80
11676 Harris Office 145.00
11677 Minnegasco 380.61
11678 Allstar Electric 63.53
11679 Holmes & Graven 13,744.50
11680 Doradus Corp. 216.00
11681 A T & T 121.42
11682 Classic Cleaning Co. 191.70
11683 Metropolitan Waste Control Comm. 693.00 i
11684 The Police Institute 45.00 \
11685 Westside Equipment 13.21
11686 Mobil 17.21
11687 Farmers State Bank of Hamel (S.S.) 752.23
11688 Wright -Hennepin Coop. 1,247.23
11689 Shakopee Ford 389.00
11690 P.E.R.A. 1,347.03
11691 independent Curb Contractors 3,617.75
11692 Aero Asphalt 15,878.34
11693 B & D Underground 3,773.21
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ORDER CHECKS - FEBRUARY 2, 1993 (CONT'D)
11694 ASCE 28.00
11695 Graffix Shoppe 69.23
11696 Safety Kleen 66.03
11697 West Hennepin Auto 1,484.45
11698 E-Z-Recycling 2,070.00
11699 Minn Comm 38.60
$290,061.37
PAYROLL CHECKS - FEBRUARY 2, 1993
13164 Anne E. Theis $ 207.79
13165 Ann C. Thies 138.52
13166 John Ferris 138.52
13167 Philip Zietlow 138.52
13168 James Johnson 138.52
13169 Wayne C. Wallace 959.94
13170 Jill McRae 974.16
13171 Richard Rabenort 1,101.51
13172 Michael Rouillard 892.48
13173 Scott Stillman 782.57
13174 James Dillman 1,050.23
13175 Robert Dressel 1,012.57
13176 Edgar Belland 785.45
13177 Jeffrey Karlson 857.92
13178 Cecilia Vieau 556.52
13179 Laura Monroe 690.21
13180 Sandra Larson 532.74
13181 Benedict Young Q33.00
13182 Farmers State Bank (S.S.) 752.23
13183 Farmers State Bank (Fed.) 1,989.79
13184 P.E.R.A. 997.23
13185 Commissioner of Revenue 808.48
$16,438.90
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MINUTES
The City Council of Medina, Minnesota met in regular session on
February 2, 1993 at 7:30 p.m. in the City Hall Council Chambers.
Present: Councilmembers John Ferris, James Johnson, Ann Thies,
Philip Zietlow and Mayor Anne Theis.
Absent: None.
Others Present: Public Works Director Jim Dillman, Zoning
Administrator Loren Kohnen, Police Chief Richard
Rabenort, Clerk -Treasurer Jeff Karlson, City
Attorney Ron Batty and City Engineer Glenn Cook.
Mayor Theis stated that this was the time and place as advertised
to hold a public hearing to consider any objections to the
proposed assessments for the Medina Road public improvement
project.
City Engineer Cook explained the improvement project. Cook said
the proposed improvements would be the construction of Medina
Road from Hunter Drive to Tamarack. Construction would include
grading, gravel base and stabilization fabric which would be done
by the city's public works department. The street surfacing,
gravel shoulders and restoration work would be contracted.
Cook estimated that the 24 foot wide bituminous surface with 6
foot gravel shoulders would cost $371,530. Cook said the city's
assessment policy provides that 75 percent of the contract costs
be assessed to benefitting property. Cook added that the city
pays for 1000 of the base work. The total assessed cost for 48
units was $223,830.
City Attorney Batty explained the special assessment process.
Batty said no appeal may be taken as to the amount of the
assessment adopted by the council unless a written objection
signed by the affected property owner is filed with the Clerk or
Mayor prior to the hearing or is presented at the hearing. Batty
added that anyone not filing an objection waived his or her right
to appeal the assessment.
Richard Townsend, 650 Navajo Road, said he favored paving Medina
Road but questioned how the lines were drawn which determined who
would be assessed.
Brad Moen, 625 Navajo Road, said it wasn't fair that property
owners west of Tuckborough were not being assessed.
City Engineer Cook said residents west of Tuckborough were
assessed for Tamarack Drive road improvements four years ago.
Cook said the city tries to be fair by assessing every property
for one major street improvement.
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Annamarie Daley, 2815 Capriole Drive, said assessments were not
equitable because some properties would benefit from the Medina
Road improvement more than others. Daley said Navajo Road was
becoming a major thoroughfare and many residents would continue
to use Navajo instead of Medina Road.
Daley brought up a clause in the "Petition and Waiver Agreement"
between the City and owners of Tuckborough Farm Fifth Addition,
which read, "The City reserves the right to vary its assessment
practices as it deems appropriate, but in no case will the
assessment levied against each lot of the Subject Property...
exceed $2,000." Daley felt this clearly stated that the city
could not assess these lots more than $2,000.
City Attorney Batty said the intent of the agreement was not to
put a limit on the amount of assessment. Batty said the City
merely wished to establish a minimum dollar amount it could count
on. Batty said the agreement merely implied that property owners
had waived their right to appeal the first $2,000 in assessments,
but they could appeal any additional assessment.
Dan Pelak, 880 Navajo Road, questioned Batty's interpretation of
the language contained in the agreement.
Neil Wolfe, 3390 Elm Creek Dr., said a traffic study should be
done first before the council moves ahead with more road paving
projects.
Kenneth Dedeker, 932 Medina Road, said he was tired of gravel and
dust and expressed support for the project.
David Graves, 525 Navajo Road, said old Navajo Road should be re-
opened because of the increase of traffic on the corner of
Carriage Drive and Navajo Road where there is a playground and
recreation area. Graves added that Tuckborough residents favor
the paving of Medina Road.
Jack Halverson, 1100 Medina Road, said that since September there
have been three accidents in front of his house because of
extremely hazardous road conditions. Halverson said he favored
the paving of Medina Road.
Carolyn Anderson, 995 Medina Road, said Medina Road could no
longer handle the amount of traffic on it because of the
deteriorating condition of the road. Anderson said a school bus
recently went off the road. Anderson said the threat of Medina
Road becoming a county road should encourage the city to pave the
road and enforce lower speed limits.
Tom Hektner said he just purchased a lot at 825 Navajo Road in
the Tuckborough Fifth Addition and wanted to express his support
of the project.
Tom Cartier said he recently purchased a lot at 865 Navajo Road
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and expressed support of the project.
Roger Doliff, 545 Medina Road, said the road had deteriorated and
he would like to see the road paved.
Dan Pelak said someone should be held accountable for the
language in the petition and waiver agreement. Pelak said he
favored the project, but objected to an assessment exceeding what
was called for in the agreement.
City Attorney Batty said he was responsible for the wording in
the agreement. Batty said he used this language in other
petition and waiver agreements and never had a problem with it
before.
Steve Schmit, 1045 Medina Road, said the road could no longer
handle the amount of traffic it has to withstand.
Mayor Theis asked if there was anyone else who wished to speak
before the public hearing was closed.
Moved by Thies, seconded by Ferris, to close the public hearing
at 8:30 p.m.
Motion carried unanimously.
Moved by Thies, seconded by Ferris, to adopt Resolution No. 93-
03, "Resolution Adopting Assessment Roll for Improvement of
Medina Road."
Ayes: Ferris, Thies, Zietlow and Mayor Theis. Nays: Johnson.
Resolution No. 93-03 adopted on a 4-aye and 1-nay vote.
Councilmember Johnson said the paving of Medina Road should
relieve traffic off of Holy Name Drive onto Tamarack Drive.
Councilmember Ferris said there is a lot of traffic going through
Navajo Road and Medina Road could pull a considerable amount of
traffic off of Navajo.
Johnson said the negative side of a paved Medina Road is that it
could generate a lot of traffic from south of Medina. Johnson
said Medina Road could open the floodgate for more traffic flow
through Medina.
2. MINUTES
Moved by Thies, seconded by Zietlow, to approve the minutes of
the regular meeting of January 19, 1993, as submitted.
Motion carried unanimously.
3. TERMINATION OF TEMPORARY HELP
Moved by Ferris, seconded by Zietlow, to terminate Rebecca
Miller's temporary position, effective February 26, 1993.
Motion carried unanimously.
4. WENCK ASSOCIATES FEE SCHEDULE
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Zoning Administrator Kohnen said Wenck Associates reviewed the
City's counterproposal in which the City offered Wenck a 3%
increase in their fee schedule instead of the 7% they requested.
Wenck said they would continue to bill according to the fee
schedule but proposed to give the City a three percent discount
for professional services for 1993.
Moved by Zietlow, seconded by Ferris, to approve the 1993
Professional Fee Schedule of Wenck Associates with the inclusion
of a three percent discount for professional services.
Motion carried unanimously.
5. VACATION OF LAKE SHORE AVENUE
Moved by Thies, seconded by Ferris, to adopt Resolution No. 93-
01, "Resolution Affirming Vacation of Lake Shore Park Avenue (Now
Lake Shore Avenue)."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution 93-01 adopted on a 5-aye and 0-nay vote.
6. DISCUSSION OF COMPREHENSIVE PLAN
City Engineer Cook commented on a letter he received from the
Metropolitan Council which outlined the Met Council's position on
development staging. Cook also explained briefly some of the
development issues the City reviewed when considering adoption of
the Comprehensive Plan. Cook said the City of Medina prepared
and submitted its comprehensive plan in accordance with
guidelines established by the Metropolitan Council. As part of
the plan, the City determined where and when development would
occur over a 20 year period. Cook said that because the Met
Council closely monitors the rate of growth in Medina, the City
must follow the staging plan laid out in the Comprehensive Plan.
Councilmember Ferris said the city council did not have enough
information at its disposal to ensure that the city does not
exceed its sewer capacity by allocating more units than is
allowed in the staging plan.
Planning Commissioner Lenny Leuer asked what the planning and
zoning commission should consider when dealing with the Lundgren
Brothers development proposal of the Doerr property.
Councilmember Zietlow said Lundgren Brothers must live within the
staging plan of the Comprehensive Plan. Cook said the plan
allows for 60 units to 1995 and 75 additional units to the year
2000.
Terry Forbord of Lundgren Brothers felt that all of the questions
raised had been answered before. Forbord said sewer flow
capacity had already been addressed and that Lundgren Bros. was
aware of the staging plan.
7. WRIGHT-HENNEPIN ELECTRIC PROPOSAL
The Council discussed the City's proposal regarding Wright -
Hennepin Electric's effort to find a strategic location for their
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new maintenance and engineering facility.
City Engineer Cook said that he, Jeff Karlson, Loren Kohnen and
Jim Dillman met with Wright-Hennepin's building committee to
discuss Medina's "site specific proposal." Cook said Wright -
Hennepin was interested in the Leonard Schlosser property located
near the junction of Highway 55 and County Road 19.
Cook said representatives from the City of Medina and City of
Loretto met to discuss the possibility of working together in a
joint cooperative effort to extend or improve water and sewer
services in both cities.
Councilmember Zietlow said that even if Wright -Hennepin Electric
were interested in purchasing the Schlosser property, their
timetable would not coincide with the City's ability to meet
future obligations, particularly the extension of sewer and water
to the site.
Councilmember Ferris felt that Wright -Hennepin needed to provide
a better description of the project, including building plans and
new employment projections.
The Council instructed Clerk -Treasurer Karlson to draft a letter
to Wright -Hennepin Electric encouraging them to consider other
building sites in Medina and specifying what the City would
provide in tax increment financing assistance based on the City's
TIF policy.
8. ORDINANCE AMENDMENT RELATING TO PAYMENT OF APPLICATION FEES
Moved by Johnson, seconded by Thies, to adopt Ordinance No. 274,
"An Ordinance Amending Section 825.51 of the City Code Relating
to the Payment of Application Fees."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Ordinance No. 274 adopted on a 5-aye and 0-nay vote.
9. DNR LICENSE TO CROSS PROTECTED WATERS
Moved by Thies, seconded by Mayor Theis, to approve DNR "License
to Cross Protected Waters."
Motion carried unanimously.
Note: The license is a lease agreement with a 50-year term and
an advance rental of $1,030.
10. STIPULATION AGREEMENT BETWEEN CITY AND B.C. BURDICK
Moved by Johnson, seconded by Zietlow, to approve Stipulation
Agreement with B.C. and Brigitte Burdick for a settlement of
$7,600, in accordance with the recommendation of Holmes & Graven.
Motion carried unanimously.
11. TRUNK HIGHWAY 12 COMMITTEES
Mayor Theis appointed Councilmember Thies as Medina's
representative to the Trunk Highway 12 Policy Committee.
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12. RESOLUTION CALLING FOR A PUBLIC HEARING ON THE AMENDMENT OF
TIF PLANS
Moved by Thies, seconded by Johnson, to adopt Resolution No. 93-
02, "Resolution Calling for a Public Hearing on the Amendment of
Tax Increment Financing Plans for Tax Increment Financing
District Nos. 1-1 through 1-6."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None.
Resolution No. 93-02 adopted on a 5-aye and 0-nay vote.
13. HOLY NAME CHURCH GAMBLING LICENSE
Moved by Johnson, seconded by Ferris, to approve a lawful
gambling license for Holy Name Church for March 13, 1993.
Motion carried unanimously.
14. PROCLAMATION OBSERVING VOLUNTEERS OF AMERICA WEEK
Moved by Johnson, seconded by Mayor Theis, to join in the
observance of Volunteers of America's 97th year of service to the
people of Minnesota by proclaiming March 7-14, 1993 as Volunteers
of America Week.
Motion carried unanimously.
15. LOREN KOHNEN DONATION
On behalf of the City, Mayor Theis thanked Loren Kohnen for his
contribution of $200 for parks, police and roads.
16. PAYMENT OF BILLS
Moved by Johnson, seconded by Zietlow, to approve Order Check
Numbers 11641-11699 for $290,061.37 and Payroll Check Numbers
13164-13185 for $16,438.90.
Motion carried unanimously.
17. EXECUTIVE SESSION
Mayor Theis announced that the council would be going into
executive session to discuss litigation matters on the basis of
attorney -client privilege.
18. ADJOURNMENT
Moved by Thies, seconded by Zietlow, to adjourn the meeting at
11:32 p.m.
Motion carried unanimously.
Clerk- reasurer Mayor