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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. 36 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. 37 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. 39 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 41 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. 42 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. 43 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