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Home My Public Portal About05/04/93 CCM6 ORDER CHECKS - MAY 4, 1993 11960 Delta Dental $ 603.20 11961 Medica Choice 3,147.00 11962 Farmrs State Bank (S.S.) 744.74 11963 Postmaster 300.00 11964 Budget Printing 649.33 11965 CDP 192.47 11966 Greater N.W. Office of R.E.Assess. 2,091.00 11967 A T & T 157.00 11968 U.S.West 239.41 11969 A T & T 19.89 11970 Metropolitan Waste Control 9,308.00 11971 Minn Comm Paging 36.80 11972 Long Lake Ford Tractor 1,470.43 11973 N.S.P. 758.58 11974 Hennepin Co. 1,102.00 11975 P.E.R.A. 1,289.23 11976 Commercial Life 57.55 11977 NSP 685.09 11978 LMCIT 208.00 11979 Lake Business Supply 79.87 11980 All Steel Products 3,312.15 11981 Hamel Fire Dept. 3,071.00 11982 Randy Mayer Mobil 35.00 11983 Randy's Sanitation 78.81 11984 Henn.Co. Treas. 67.62 11985 Wenck Assoc. 2,553.33 11986 Vaughn Display 43.80 11987 Jon Priem 102.20 11988 GAB Bus. Svc. -- 5L000.00 1,Kw',L`Y ` F 11989 KDV N, S 5, 000.00,- 11990 village Chevrolet 228.35 11991 Minnegasco 140.70 11992 Holmes & Graven 9,316.35 11993 West Hennepin Auto 146.44 11994 Classic Cleaning 191.70 11995 System One Management Advisors 3,399.00 11996 Superior Ford 674.61 11997 Cec Vieau 47.88 11998 E-Z-Recycling 2,070.00 11999 IACP 100.00 12000 Carruthers & Tallen 2,565.00 12001 Government Training Svc. 206.00 $61,489.53 PAYROLL CHECKS - MAY 4, 1993 13308 Farmers State Bank (Fed.) 1,897.46 13309* Commis. of Rev. 771.64 13314 Anne E. Theis 207.79 13315 Ann C. Thies 138.52 13316 John Ferris 138.52 PAYROLL CHECKS - MAY 4, 1993 (CONT'D) 13317 Phil zietlow 138.52 13318 James Johnson 138.52 13319 Wayne Wallace 959.94 13320 Richard Rabenort 1,101.51 13321 Michael Rouillard 888.61 13322 Scott Stillman 813.99 13323 James Dillman 1,048.58 13324 Robert Dressel 890.63 13325 Edgar Belland 785.45 13326 Jeffrey Karlson 857.92 13327 Cecilia Vieau 556.52 13328 Laura Monroe 638.95 13329 Sandra Larson 532.74 13330 Joseph Heyman 662.36 13331 Benedict Young 909.77 13332 P.E.R.A. 955.05 13333 Farmers State Bank (S.S.) 744.74 $15,777.73 *13310-13313 used out of order 12/1/92. 63 f)L� MINUTES The City Council of Medina, Minnesota met in regular session on May 4, 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, Police Chief Rick Rabenort, Clerk -Treasurer Jeff Karlson and City Attorney Ron Batty. Additions to Agenda 1. Executive session 2. Hamel Volunteer Fire Department 3. Pound service contract with Reo Raj Kennels 4. Establish time of next Council meeting 5. Discussion on Public Works equipment needs 1. PUBLIC HEARING ON TIF DISTRICT NO. 1-8 Mayor Theis opened the public hearing at 7:30 p.m. for the purpose of hearing comments on the adoption of a Tax Increment Financing Plan for Tax Increment Financing District No. 1-8. City Attorney Ron Batty explained the legal framework and the esimated project costs of the TIF Plan stating that the Plan was consistant with the Council's previous discussion on the project. If established, the Plan would assist Thorpe Distributing Co., a wholesale beer distributor, in constructing a 45,000 sq. ft. warehouse facility within TIF District No. 1-8. The proposed facility would contain 3750 sq. ft. of office space while the remainder of the building would be used for warehouse, storage and loading. The estimated value of the facility upon completion in late 1993 or early 1994 would be about $1,500,000. Batty said the project costs for which the City intended to use tax increment were estimated at $390,000. The estimated costs included construction for an extension of Evergreen Road through the property included in TIF District No. 1-8 and the extension of a water line to serve the Thorpe facility. The full cost of the road and water line would be specially assessed against the property. The City expected to enter into an agreement with Thorpe Distributing Co. to reimburse the developer for the special assessments. In addition, tax increment would be used to reimburse the developer for certain site preparation and landscaping expenses associated with construction of the proposed warehouse. Batty said the issue that needed to be resolved was the location of Evergreen Road. Batty said the Council had to determine where 65 the road would be built, how it would be built and who would pay the up -front construction costs. Batty added that the timing of construction of the road should coordinate with receipt of the increment. He posed the question: If the road was to be constructed in 1993 and assessed for 1994, who would pay the cost since there would no increment available to Thorpe? Batty added that if the road was built in 1994 with assessments beginning in 1995, the tax increment receipts would coordinate with the special assessments. Bob Walter, attorney for Thorpe Distributing, said he did not like the provision in the TIF Plan which would allow a small amount of increment to be spent on other public improvements. Batty said it was unlikely that increment from TIF District No. 1-8 would contribute to the municipal development district, but included the provision in case the new district generated more money than anticipated. Walter said Thorpe intended to subdivide 4 or 5 acres from the 13 acre parcel. Walter said that in order to make the land marketable, Thorpe wanted the road built so there is access to the subdivided property. Councilmember Johnson asked what the economic benefit would be to someone buying the 4 or 5 acre parcel. City Attorney Batty said the parcel would be in the TIF district and would contribute to the district. Batty said the road would already be in place and there would be no special assessments to deal with because Thorpe will have already paid for it. Batty said the key issue was that everyone understand the development agreement which specifies the mutual obligations of the City and Thorpe Distributing. Moved by Thies, seconded by Ferris, to continue the public hearing on Tuesday, May 18, 1993 at 8:00 p.m. Motion carried unanimously. 2. MINUTES Moved by Zietlow, seconded by Thies, to approve the minutes of the regular meeting of April 20, 1993, as amended, as follows: Page 3, Item No. 8, paragraph 3, line 2, to read "...but the City of Orono objected to the plan." 3. CONSENT AGENDA Moved by Zietlow, seconded by Thies, to adopt the consent agenda, as follows: 1. Resolution No. 93-21, "Resolution Approving Application for Permit to Install Utilities or to Place Underground Construction in City Right of Way" 2. Resolution No. 93-22, "Resolution Approving Joint 66 Cooperation Agreement with Hennepin County" Motion carried unanimously. 4. HUNTING AND DISCHARGE OF FIREARMS ORDINANCE Councilmember Zietlow said he would like to focus the discussion of hunting and the discharge of firearms to the southeast corner of Medina where most of the complaints have come from related to the use of firearms. Zietlow said there are 129 homes in the quadrant which is the highest density of rural land in Medina. City Attorney Batty said the City could have an "equal protection" problem if the Council imposed a different set of regulations on one particular area of Medina. Batty recommended that the Council refrain from addressing specific parcels and focus on establishing guidelines. Batty said an amendment to the hunting and discharge of firearms ordinance should pertain to the entire city. Batty pointed out that the ordinance does not define undeveloped land. Batty said a distinction should be made between urban and rural land. The following ideas were raised by Batty and Police Chief Rabenort for the Council to consider: 1. Change "undeveloped" land to "rural" land. 2. Increase distance of discharge from a property line. 3. Use density as a threshold. When an area reaches a certain density, setback could be increased. 4. Differentiate high -density areas from other areas. 5. Prohibit discharge of high-powered rifles exceeding .22 caliber and pistols. 6. Draw up a map that indicates urban/rural areas and high-density/low-density areas. The Council directed City Attorney Batty to draft an ordinance amendment incorporating the suggestions made by Batty and Police Chief Rabenort. Mayor Theis said the Council would review another draft of the proposed ordinance amendments before deciding to hold a public hearing on the matter. 5. ALPANA ALUMINUM REQUEST FOR REZONING Alpana Aluminum requested that Outlot A, Alpana 2nd Addition, be rezoned from Multi -Residential to Urban Industrial to accomodate Thorpe Distributing Co., who wished to purchase the property for a warehouse/office facility. Zoning Administrator Kohnen said the proposal was consistent with the comprehensive plan and adjoining land uses. The Planning Commission recommended approval of the rezoning of Outlot A. 67 Moved by Johnson, seconded by Ferris, to direct staff to prepare a resolution approving the rezoning of Outlot A, Alpana 2nd Addition from Multi -Residential to Urban Industrial. Motion carried unanimously. 6. THORPE DISTRIBUTING LOT DIVISION AND CONDITIONAL USE PERMIT Jack Reis, owner of Thorpe Distributing, asked for approval to replat Outlot A, Alpana 2nd Addition. The lot contained 13.13 acres. Reis proposed to subdivide 4 to 5 acres of the property and build a 44,965 sq. ft. warehouse/office facility for wholesale beer distribution on the remaining property. Zoning Administrator Kohnen pointed out that the proposed Evergreen Road was shown on the plat as far south as possible as recommended by Public Works Director Jim Dillman and City Engineer Glenn Cook. Kohnen said the Council had to decide on the final placement of the road before the plat could be approved. City Engineer Cook indicated that the property south of the lot could be served by Evergreen Road if the road remained south as shown on the plat. Joe Raskob, co-owner of the Medina Entertainment Center, said he was uncomfortable with the road being placed to the south because the proposed road would affect their parking lot by creating two pie -shaped pieces of property. Cook said the City could adjust the angle of the road by creating a sharper turn to the north so that it would not affect the Entertainment Center's parking lot. Rick Sathre of Sathre-Bergquist Engineering, said the placement of the road to the south affects wetland in the Corps of Engineers jurisdiction, but could be replaced on a 1:1 ratio. Sathre said Thorpe would like the City to mitigate the road going through the wetland area. Councilmember Ferris said the wetland area was not the driving issue to be concerned about. Ferris said the major issue was the placement of the road. He suggested that the road remain south of the property and that a cul-de-sac be added to the plat. Glenn Cook said the City could always make adjustments to the right-of-way when the road is extended in the future. Moved by Ferris, seconded by Thies, to direct staff to prepare a resolution granting preliminary approval of a plat to Thorpe Distributing Co. with the inclusion of a cul-de-sac on the southeast corner of the property at the end of the proposed Evergreen Road. Motion carried unanimously. 68 Moved by Johnson, seconded by Zietlow, to direct staff to prepare a resolution granting a conditional use permit to Thorpe Distributing Co. for a wholesale beer distributorship with 18 conditions in accordance with the recommendations of the Planning Commission. Motion carried unanimously. 7. LAURIE AWES REQUEST TO PURCHASE CITY PROPERTY Laurie Awes, 4550 Pioneer Trail, said she wished to purchase a piece of city property located at Pioneer Trail and Highway 55. City Attorney Batty said the City would have to sell the property at fair market value. Moved by Mayor Theis, seconded by Johnson, to authorize staff to obtain an appraisal on the property. Motion carried unanimously. 8. CATES RANCH SUBDIVISION FEES The Council reviewed a letter from Jeff Cates in which he complained of legal and engineering fees he was being charged for a subdivision. Cates felt many of the expenses were unnecessary and should be paid by the City. The Council elected to take no action on the matter. 9. GRANT AND CATHERINE GAGER REQUEST FOR VARIANCE Grant and Catherine Gager requested a 4.5 foot side yard setback variance to construct a garage and living space addition to their existing home located at 2225 Chestnut Road. The Planning Commission recommended approval of the variance with three conditions. Moved by Mayor Theis, seconded by Zietlow, to direct staff to prepare a resolution granting a side yard setback variance to Grant and Catherine Gager. Motion carried unanimously. 10. REBECCA DUERR LOT COMBINATION Zoning Administrator Kohnen said staff had reviewed all the information required for final approval of the combination of two parcels owned by Rebecca Duerr in the southwest quadrant of Willow Drive and Deer Hill Road. Moved by Mayor Theis, seconded by Thies, to direct staff to prepare a resolution granting final approval for a lot combination for Rebecca Duerr, 1575 Willow Drive. Motion carried unanimously. 11. NYLES GENTZ, PARK COMMISSION CHAIR Nyles Gentz reported that the Hamel Memorial Park Task Force Committee held its first meeting on May 3, 1993 to begin studying the feasibility of completing the plan for Hamel Memorial Park. 69 In another matter, Gentz said the Park Commission discussed what their role should be in the decision -making process in matters related to the city parks. Gentz said the Park Commission should be responsible for making recommendations to the City Council on all matters involving the Park Fund, including the initiation or review of any expenditures from the Park Fund for land acquisition, capital improvements, park equipment and park development. 12. JULIUS DORWEILER, HAMEL FIRE DEPARTMENT Julius Dorweiler asked the Council to reconsider the reduction that was made to the Hamel Fire Department's 1993 budget request. Dorweiler said the reduction would cause some serious financial problems for the department because of an increase in liability insurance and the purchase of Self Contained Breathing Apparatuses necessitated by a change in NFPA standards. Dorweiler said it was unrealistic for the Council to offer only a 4% increase in the budget when actual operating expenses have risen at a higher rate. Moved by Johnson, seconded by Mayor Theis, to table the Hamel Fire Department's request for additional funds until the next Council meeting on May 18, 1993. Motion carried unanimously. 13. CHANGE ORDER NO. 2 FOR HAMEL TRUNK SEWER IMPROVEMENTS Moved by Thies, seconded by Mayor Theis, to approve Change Order No. 2 related to the Hamel Trunk Sewer Improvement in the amount of $4,154 for additional work to remove trees in the temporary construction easement. Motion carried unanimously. 14. PUBLIC WORKS CAPITAL IMPROVEMENT PLAN The Council directed Public Works Director Dillman to put together a comprehensive list of any equipment or building needs for the public works department for inclusion in the capital improvement plan which would be considered at the June 1, 1993 meeting. 15. CHANGE TIME OF MAY 18, 1993 MEETING Moved by Thies, seconded by Zietlow, to establish the time of the May 18, 1993 City Council meeting for 8:00 p.m. Motion carried unanimously. 16. POUND SERVICE CONTRACT WITH REO RAJ KENNELS Police Chief Rabenort informed the Council that Reo Raj Kennels was closing its doors and would no longer be able to provide kennel services to the City. Rabenort said he would explore other options and bring back a recommendation to the Council. 17. PAYMENT OF BILLS Moved by Zietlow, seconded by Thies, to approve payment of Order Check Numbers 11960-12001 for $61,489.53 and Payroll Check Numbers 13308-13333 for $15,777.73. 70 Motion carried unanimously. 18. EXECUTIVE SESSION City Attorney announced that the Council would be going into executive session on the basis of attorney -client privilege to discuss litigation on a special assessment appeal related to the Medina Road Improvement. Moved by Thies, seconded by Mayor Theis, to end the executive session and continue with the general session. Motion carried unanimously. 19. ADJOURNMENT Moved by Thies, seconded by Zietlow, to adjourn the meeting at 11:07 p.m. Motion carried unanimously. Anne Theis, Mayor ATTEST: Jf 'e�y�✓ Karlson, City Clerk