HomeMy Public PortalAbout03/16/93 CCM32
ORDER CHECKS - MARCH 16, 1993
11810 Farmers State Bank of Hamel $ 678.98
11811 Budget Printing 62.62
11812 U.S.West Cellular 308.59
11813 Henn.Co.Treas. 17.65
11814 Government Training Svc. 535.00
11815 Fortin Hardware 72.77
11816 U.S.West Comm. 35.66
11817 A T & T 53.91
11818 Wright/Hennepin Elect. 1,158.45
11819 Medcenters 1,605.55
11820 Quill Corp. 132.99
11821 Mothers Motors 13.20
11822 Metro West 7,614.96
11823 Reynolds Welding 15.51
11824 State of Minnesota 20,798.54
11825 Henn.Co.Gen.Acctg.Div. 2,141.46
11826 P.E.R.A. 1,372.21
11827 Hamel Building Center 113.42
11828 St.Paul Stamp Works 3.84
11829 E.H.Renner & Sons 24,519.50
11830 Feed Rite 1,166.81
11831 Water Pro 5,971.46
11832 Mid America Meter 1,341.90
11833 Perry's Truck 2,895.79
11834 Carruthers & Tallen 3,751.27
11835 Galen Bruer 207.40
11836 Dolphin Temporary 576.24
11837 La Tour Const. 223,031.18--
11838 William Nelson 17.21
11839 Wenck Assoc. 295.34
11840 Albinson 115.27
11841 North Memorial 74.00
11842 Martin Body Shop 1,988.68
11843 Reo Raj Kennels 21.00
11844 American Express 106.45
11845 Glenwood Inglewood 50.20
11846 Gary's Diesel 133.77
11847 The Software Library 191.20
11848 Classic Cleaning 191.70
11849 Modern Office 758.58
11850 Hennepin Coop. 3.99
11851 Twin City Water Clinic 20.00
11852 Gopher State One Call 85.00
11853 State of Minnesota 40.00
11854 Bayside Floral 25.03
11855 Postmaster 300.00
$304,605.28
13228
13229
13230
13231
13232
13233
13234
13235
13236
13237
13238
13239
13240
13241
13242
13243
13244
13245
13246
13247
PAYROLL CHECKS - MARCH 16, 1993
Wayne Wallace
Jill McRae
Richard Rabenort
Michael Rouillard
Scott Stillman
James Dillman
Robert Dressel
Edgar Belland
Jeffrey Karlson
Cecilia Vieau
Laura Monroe
Sandra Larson
Benedict Young
P.E.R.A.
Farmers State Bank of Hamel (S.S.)
Farmers State Bank of Hamel (Fed.)
Commissioner of
Great West Life
Law Enforcement
Revenue
Assurance
Labor Svc.
Hennepin Co. Support & Collect.
959.94
974.16
1,101.51
391.48
851.80
1,050.23
901.23
914.68
857.92
652.10
638.95
532.74
878.79
1,011.74
678.98
2,001.68
808.72
480.00
125.00
501.00
$16,312.65
33
34
MINUTES
me City Council of Medina, Minnesota met in regular session on
March 16, 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, City Engineer
Glenn Cook, Zoning Administrator Loren Kohnen,
Deputy Clerk Laura Monroe, Police Chief Richard
Rabenort ana City Attorney Ron Batty.
1. PUBLIC HEARING ON ADOPTION OF AMENDMENTS TO TAX INCREMENT
FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS 1-1
THROUGH 1-6
City Attorney Ron Batty saia the purpose of the hearing was to
consider amendments to the six tax increment plans. Batty said
Development District No. 1 was originally adopted on January 29,
1985. The district was expanded on March 4, 1986 and April 21,
1987, and modified on April 3, 1990. In 1987 the city sold bonds
totalling $425,000 for projects within Development District No.
1. Batty said he had notified the county and school district and
had not received any written comments.
Councilmember Thies asked how this was going to tie into the
Thorpe Distributing proposal.
Batty said these were the existing districts and they simply
refer to public costs as opposed to the private issue that the
Thorpe item is about.
Public hearing was closed at 7:35 p.m.
Moved by Ferris, seconded by Zietlow, to adopt Resolution No. 93-
05, "Resolution Approving Modified Tax Increment Financing Plans
for Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4,
1-5 and 1-6."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-05 adopted on a 5-aye and 0-nay vote.
2. MINUTES
Moved by Theis, seconded by Johnson, to approve the minutes of
the regular meeting of March 2, 1993, as amended, as follows:
Page 4, Item No. 5, add paragraph, "Terry Forbord acknowledged
that he understood this would be the City's policy in accordance
with the comprehensive plan."
Motion carried unanimously.
35
3. CEREMONIAL MATTERS
Presentation of Certificates to Outgoing Planning Commissioners
Mayor Theis presented certificates to Lenny Leuer and Ron Rogers
for their nine years on the planning commission and thanked them
for their years of service.
Presentation of Certificate of Appreciation Award to Karin Wald
Mayor Theis presented a "certificate of appreciation" award to
Karin Irene Wald, 2971 Ardmore Avenue, for her quick actions in
saving a baby girl she was babysitting from choking on a sucker.
She was Tiffany Butz, the daughter of Stephen and Sue Butz, 4675
Fern St. This incident happened on January 6, 1993.
4. THORPE DISTRIBUTING CO. TIF PROPOSAL
City Attorney Batty explained his estimate of the amount and
timing of tax increment payments which would be generated by the
development of a 16-acre site as proposed by Thorpe Distributing.
Batty said that for the eight years beginning in 1996, the gross
increment generated by the project would be $602,560. After
deduction for the City's fiscal disparities contribution, the
amount of increment would be $390,424. After a further deduction
for reductions in state aid, the amount of available tax
increment would be $271,504. Batty said the Thorpe project will
be an economic development district. Approximately $14,000 per
year would be deducted from the city's state aid payment if site
were to be established as a TIF district. Batty said the council
needs to decide whether the city is willing to absorb this
reduction in aid or pass it on to the developer. The policy
decision that the city council needs to make is if they are going
to go with the $271,000 figure and how they want to spend the
money. Batty added that Thorpe preferred the new road be
constructed with tax increment dollars.
Councilmember Johnson asked if the original general policy
statement and the percentages therein could be explained as to
how they were arrived at. He asked about the 3% tax rate for the
first $100,000 of property value.
City Attorney Batty said that tax rate is determined by state
statute, depending on what class it is. Homestead residential is
taxed the least with the highest rate on commercial/industrial,
but with a small break on the first $100,000. The 4.6% tax rate
on the value over $100,000 is a number that has been falling from
4.9%, and this has dropped .1 percent per year. The district's
original tax capacity rate will not change from the rate of
119.794, but some of the other figures which were used in
estimating the amount of tax increment may change. Pay as you go
is less risky than bonding. Batty said this would be the first
of Medina's TIF districts to be subject to the anti -pooling
restrictions enacted in 1990 where the percentage of the
increment must be spent only within the district.
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Councilmember Thies said that she was completely satisfied with
the current policy.
Councilmember Ferris said that there was $271,000 and that's it.
City Engineer Glenn Cook explained the alignment of the proposed
road for the Thorpe project. It would go as close to the
southernmost line of the property and connect to the property to
the east.
Mayor Theis asked if the portion that was occupied by the
proposed Thorpe building would be a larger parcel of land.
Bob Walter, attorney for Thorpe, said they have a problem with
regard to the road situation because the road would divide the
property which was already marginal because of the wetlands
making a large portion of the property unusable. Walter said the
placement of the road is crucial. He added that the seller would
sell all of the property or none of it. They will use what they
need and sell the excess. Walter said the road is not a
lifesaver and Thorpe could not afford to build the road
themselves.
Zoning Administrator Kohnen said he and the city engineer visited
the site and it was determined that the Army Corps of Engineers
could move the pond which would improve the lot to the southeast
and with the placement of the road there would be another good
sized lot.
Attorney Walter said Thorpe did not care where the road was on
the property as long as it didn't divide the property into small
slivers of land.
Kohnen said the Raskob property to the east of the site adjacent
to the property owned by Bruce Hendry was zoned multiple
residential and they wished it to remain so. The property being
purchased by Thorpe would have to be rezoned in order to
construct an industrial facility on the site.
City Attorney Batty said that the city and the developer should
be comfortable enough to set the public hearing to establish a
TIF district. Batty said the council needed to decide what
percentage of the increment would be available to Thorpe. Batty
said the bonding issue should be addressed. Batty said when the
city bonds someone holds that bond and there is some risk. He
said it was his opinion that the city should not sell bonds in
this case so the tax increment money could be used for hard
costs.
Councilmember Johnson asked if the city was going to stick to the
policy guideline of 4/7/87 and the percentages in Section II of
that statement.
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Attorney Batty said that he did not understand why the city chose
to promote development in the unsewered area over the sewered
area.
Ron Rogers, 2152 Medina Road, former planning commissioner, said
that he could perhaps shed light on why the percentages were as
they were in the policy statement of 4/7/87. Rogers said when
tax increment financing was first looked at, there was very
little sewer available, therefore there was no need to promote
development in the sewered areas. The planning commission was
also very concerned about not wanting to promote strip
development. Rogers said the city was looking for larger
developments, multiple buildings, larger facilities and more than
25 acres with five or six building sites on it. Redevelopment
was what they wanted to promote in the Hamel area such as the
location of the drive-in theater area.
Councilmember Johnson asked why none of the percentages were 100%
financing.
Ron Rogers said the reason for that was that a large development
would have to have water line development. There was fiscal
disparities but not HACA at that time. The rural, non-sewered
areas was targeted for development at that time.
Councilmember Johnson asked if they were going to revise the
general policy guideline, even though it wasn't on the agenda.
Batty said that the council could direct that the policy be
revised or could view their decision to grant 100% of the
increment to Thorpe as an exception to the policy. In order for
the Thorpe project to go forward, the council should consider
calling for a public hearing and have him draft the plan with the
details outlined. Batty said he sensed that the council was
willing to dedicate 100% of the available increment to Thorpe but
wanted Thorpe to reimburse the City of any loss of state aid
resulting from creation of the TIF district. There was a
consensus among the council that this was the City's position.
Attorney Walter said Thorpe had a lot of crucial decisions to
make in a short amount of time. Walter said they had a rezoning
and conditional use permit before the planning commission in
April and are also working on a plat. Walter said Thorpe's
purchase agreement is contingent on the City's approval by May 15
with an extension to June 15. However, they want to be building
by June 1st.
Moved by Mayor Theis, seconded by Johnson, to adopt Resolution
No. 93-06, "Resolution Calling for a Public Hearing on the
Establishment of Tax Increment Financing District No. 1-7."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-06 adopted on a 5-aye and 0-nay vote.
38
5. MEDINA ROAD IMPROVEMENT
City Attorney Batty said the council held the improvement hearing
on September 16, 1992 and the assessment hearing for the project
on 2/2/93. The 30-day appeal period expired 3/4/93. Batty said
two property owners submitted appeals which would be $5,200 in
assessments out of the $220,000 assessment. Batty said if this
amount is deemed to be an acceptable financial risk, the council
should consider proceeding with the project.
Mary Ann Hansen, 905 Navajo Road, said they had not moved into
their home when the assessment hearing was held. She said they
received a notice in the mail and she thought they were handled
very badly. She thought that the developer, Jim Fenning, had
communicated that the $2,000 assessment was all that was required
from the property. She said that they didn't hand in their
objection to the assessment until the end of the meeting and the
city wasn't going to accept them. She asked why this road
improvement was happening now when there are only 12 homes in
Tuckborough Farm. She asked why those homes by Hunter weren't
being assessed.
Mayor Theis said that the reason this is being improved now is
because the people along the road wanted that section of Medina
Road paved.
Councilmember Zietlow said that there were a lot of people who
came in wanting the road to be paved.
Councilmember Ferris said that the road improvement would direct
traffic away from Navajo Road to Medina Road where it would be
better for traffic and safety because of the children in
Tuckborough.
Dennis Hansen, 905 Navajo Road, stated that it wasn't fair that
the larger lots to the south side of the road were being assessed
the same amount as the smaller lots in Tuckborough.
City Engineer Cook said that the lots on the south side of the
road that could potentially be subdivided were assessed the
number of units that could be divided out of the larger parcels.
Moved by Zietlow, seconded by Ferris, to adopt Resolution No. 93-
07, "Resolution Ordering Improvement of Medina Road and
Preparation of Plans and Specifications."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-07 adopted on a 5-aye and 0-nay vote.
6. EMIL AND RITA JUBERT LOT DIVISION
Moved by Thies, seconded by Mayor Theis, to adopt Resolution No.
93-08, "Resolution Granting Final Approval for a Lot Division to
Emil and Rita Jubert/City of Medina."
Ayes: Thies, Zietlow, Johnson, Ferris and Mayor Theis. Nays:
None. Resolution No. 93-08 adopted on 5-aye and 0-nay vote.
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7. TODD BARTELS, RESOLUTION FOR HOME OCCUPATION
Moved by Thies, seconded by Johnson to adopt Resolution No. 93-
09, "Resolution Granting a Conditional Use Permit to Todd Bartels
for a Home Occupation."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-09 adopted on a 5-aye and 0-nay vote.
8. WALLACE DOERR/LUNDGREN BROS. PRELIMINARY PLAT
City Attorney Batty stated that it was important to clarify the
earliest date upon which Phase II could begin. He said that
while the comprehensive plan would allow Phase II to begin
January 1, 1995, the developer and the city agreed that the
developer could not begin Phase 71 until January 1, 1996.
City Engineer Cook said he checked with the Metropolitan Council
for their interpretation of what month within that year is
relevant, December 31 or January 1. He said he assumed it was
January 1, 1995.
Terry Forbord of Lundgren Brothers said that the Metropolitan
Council and Metropolitan Waste Control Commission go by the
calendar year. He said that the resolution should conform with
the comprehensive plan.
City Attorney Batty said that despite the comprehensive plan date
of January 1, 1995, the parties were agreeing that Lundgren Bros.
could not come in and apply for Phase II until January 1, 1996.
Forbord acknowledged that Lundgren Bros. would not be able to
begin development of Phase II until January 1, 1996.
Councilmember Thies asked whether Item No. 21 of the resolution
should be clarified to state a "minimum" landscape plan.
Moved by Johnson, seconded by Zietlow, to adopt Resolution No.
93-10, "Resolution Granting Preliminary Approval of a Plat for
Wallace Doerr/Lundgren Bros. Construction Co."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-10 adopted on a 5-aye and 0-nay vote.
9. WALLACE DOERR PROPERTY REZONING
Moved by Johnson, seconded by Mayor Theis, to adopt Resolution
No. 93-11, "Resolution Rezoning Certain Property from Rural
Residential to Planned Unit Development --Suburban Residential."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-11 adopted on a 5-aye and 0-nay vote.
10. WILLIAM AND SUSAN BUSCH VARIANCE EXTENSION
Planning and Zoning Administrator Kohnen recommended an extension
of a variance to June of 1994.
Councilmember Zietlow said that he was concerned with setting a
precedent.
40
City Attorney Batty said as long as the conditions are met,
there wouldn't be a problem with this extension.
Moved by Johnson, seconded by Thies, to grant an extension of a
variance for setbacks to William and Susan Busch at 2925
Willowood Farm Road until June of 1994.
Motion carried unanimously.
11. ST. LOUIS PARK INVESTMENT CO. FINAL SUBDIVISION APPROVAL
Planning and Zoning Administrator Kohnen said the items from the
preliminary subdivision approval had been met, although the
length of time between preliminary approval and final approval
had been longer than the 180 day requirement. Kohnen said if the
council grants final approval of the subdivision, this would also
require an extension of time.
Councilmember Ferris asked why the council should errant this
request.
City Attorney Batty said there is no reason to grant this request
other than to conserve the time it would take to send this back
to the planning commission and have it returned to the council
when everything is the same.
Moved by Johnson, seconded by Ferris, to authorize staff to
prepare resolution granting final approval of a subdivision for
St. Louis Park Investment Co.
Motion carried unanimously.
12. RECEIVING BIDS AND AWARDING CONTRACT FOR ROAD MATERIALS
Moved by Mayor Theis, seconded by Zie+low, to adopt Resolution
No. 93-12, "Resolution Receiving Bids and Awarding Contracts on
Road Maintenance Materials."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 93-12 adopted on a 5-aye and 0-nay vote.
13. HYBRID HOMES DRIVEWAY REQUEST
Public Works Director Dillman said that he had received a request
from Hybrid Homes in Hoilybush hills to allow two curb cuts or
driveways to this property. He explained that in the past the
city has not allowed this on public or private roads since the
adoption of the ordinance for safety and maintenance reasons.
Dillman said the ordinance does allow for someone to make an
appeal to the city council to waive the intent of the ordinance.
Councilmember Johnson asked why this wasn't a planning commission
variance request.
City Attorney Batty said this was not a planning and zoning
matter because it was a reauest for a waiver and not a variance.
Tim Stovern, president of Hybrid Homes, said the home was on a
private road and is maintained by members of the homeowner's
association. Stovern said the covenants of the association state
that they wish it to remain so unless the homeowners unanimously
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request it to become a public road. Stovern said there is no
public health, safety and welfare issue for this particular
request because of the nature of Hollybush Road and the curb
cuts. Stovern said it would cause undue hardship for the owners
of this lot and the aesthetics of this lot. He presented other
properties within the city where there are two curb cuts.
Public Works Director Dillman said that the properties where
there are two curb cuts were constructed before the adoption of
the ordinance. He said they present a problem with road
maintenance, snow removal maintenance and culvert maintenance.
Councilmember Zietlow pointed out that with only a three man
public works crew more driveway cuts increase the time it takes
to maintain the roads with snow removal.
Mayor Theis was concerned that if this was allowed, others would
come in the similar requests.
City Attorney Batty explained that he allowed in the ordinance
this waiver so that if situations arose where more than one curb
cut was needed, they could be addressed in a case by case basis.
Councilmember Zietlow said that he would be comfortable if the
homeowners would sign something to the effect that if the road
ever became a public road that the second curb cut would be
removed.
Moved by Mayor Theis, seconded by Ferris, to grant the request to
Hybrid Homes for the second curb cut for the home under
construction at Lot 2, Block 3, Hollybush Hills, with the
condition that the property owner sign a letter stating that if
Hollybush Road becomes a public road, the second driveway be
abandoned.
Motion carried unanimously.
14. REQUEST FOR $40 FOR DAMAGE TO A RESIDENT'S CAR
Public Works Director Jim Dillman said that on February 5, 1993,
the city had gravel delivered to several muddy spots on the
city's roads. During the process of grading the rock, a resident
ran into a windrow of gravel. Dillman said visibility was
limited from fog that had just set in. There was minor damage to
her car, which was repaired. Dillman said the resident is
requesting $40 reimbursement from the city.
Moved by Mayor Theis, seconded by Johnson, to grant the request
for $40 reimbursement for damage to the resident's car as stated.
Motion carried unanimously.
15. REQUEST FOR SUMMER HELP
Moved by Mayor Theis, seconded by Thies, to authorize placement
of an advertisement for summer help in the Crow River News for
one person for the months of June, July and August at 40 hours
per week, at a rate of pay of $6.00 per hour.
Motion carried unanimously.
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16. ESTABLISH A PUBLIC HEARING FOR CDBG FUNDS
Moved by Thies, seconded by Mayor Theis, to establish a public
hearing on April 6, 1993 at 8:00 p.m. to consider the use of
funds from the Urban Hennepin County Cozrna pity Develon
Grant Program.
Motion carried unanimously.
17. DISCUSSION OF PARK COMMISSION RECOMMENDATIONS
Councilmember Johnson said the park commission would like to
start to use some of the money in the park fund for improvements
to the city parks. The park commission requested that they be
consulted before any money is spent out of the fund.
Anne Heideman, 2745 Morningside Road, suggested that the park
commission meet with Jim Dillman to discuss what ideas they have
and what impact these ideas would have on the maintenance on the
parks because of the limited number of people and man hours
available for maintaining the city parks.
Councilmember Ferris said the City should start using the money
for capital improvements to city parks, but not for maintenance
of the parks.
Councilmember Thies said she thought the money in the park fund
was for the development of the Hamel Legion Park and the property
that was proposed to be purchased for the park expansion.
Anne Heideman suggested someone go through the old minutes to see
what the plans for the parks were since 1979.
Councilmember Johnson stated that the council and the park
commission should put together a consortium for the project.
This consortium would consist of members from the city council,
park commission and concerned Hamel area clubs such as the Lions,
the American Legion and the Athletic Club. Together these groups
could develop a plan for the use of funds for the development of
a park in the Hamel area.
18. DISCUSSION OF ECONOMIC IMPACT ON HIGHWAY 12 CORRIDOR STUDY
Councilmember Thies asked if the council had any ideas to
contribute to this economic impact.
Mayor Theis said that the only economic impact from any of the
corridors proposed would be if any entrance or exit would be onto
a Medina road.
19. ORONO/MEDINA FIRE CONTRACT
Councilmember Thies said Long Lake Mayor Todd Olson had requested
that Medina send a representative to the Thursday, March 18
meeting to participate in the Long Lake Fire Department contract
negotiations.
Councilmember Zietlow volunteered to act as Medina's
representative.
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20. APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES COMMISSION
Moved by Mayor Theis, seconded by Johnson., to approve Pat Rlaers,
202 Co. Rd. 19, as Medina's representative to the West Hennepin
Human Services Commission.
Motion carried unanimously.
21. NORTHWEST SUBURBAN CHAMBER OF COMMERCE ADVERTISING
Mayor Theis asked the council for any ideas to advertise Medina
to the local business members.
Anne Heideman suggested that the City's advertisement in the
Northwest Suburban Chamber brochure be updated.
22. PAYMENT OF BILLS
Moved by Ferris, seconded by Mayor Theis, to approve payment of
Order Check Numbers 11810-11855 for $304,605.28 and Payroll Check
Numbers 13228-13247 for $16,312.65.
Motion carried unanimously.
23. ADJOURNMENT
Moved by Thies, seconded by Mayor Theis, to adjourn the meeting
at 10:55 p.m.
Motion carried unanimously.
Anne E. Theis, Mayor
ATTEST:
y)?167v,a(
Laura L. Monroe, Deputy Clerk