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PAYROLL CHECKS - SEPTEMBER 6, 1994
Steven T. Scherer
Richard R. Rabenort
Michael J. Rouillard
Scott A. Stillman
James D. Dillman
Robert P. Dressel
Edgar J. Belland
Jeffrey E. Karlson
Cecilia M. Vieau
Laura L. Sulander
Sandra L. Larson
Joseph R. Heyman
Jon D. Priem
John R. Zietlow
Anne E. Theis
Ann C. Thies
John B. Ferris
Philip K. Zietlow
James R. Johnson
Steven T. Scherer
Richard R. Rabenort
Michael J. Rouillard
Scott A. Stillman
James D. Dillman
Robert P. Dressel
Edgar J. Belland
Jeffrey E. Karlson
Cecilia M. Vieau
Laura L. Sulander
Sandra L. Larson
Joseph R. Heyman
Jon D. Priem
John R. Zietlow
$ 1,110.88
1,352.44
955.34
990.21
1,155.96
1,457.05
1,003.86
1,094.34
625.61
853.26
737.20
728.11
694.92
416.52
207.79
138.52
138.5
138.5�
138.32
414.98'
1,152.44
934.84
965.76
1,113.33
613.46
1,014.66
596.32
333.99
432.96
374.81
747.34
694.92
220.57
$23,547.95
ORDER CHECKS - SEPTEMBER 6, 1994
13626 Adams Pest Control $ 58.58
13627 American Bank 53,134.38
13628 Arrow Auto & Truck Parts 133.76
13629 Bifff's Inc. 198.78
13630 Bryan Rock Products 5,221.08
13631 Budget Printing 128.39
13632 Commercial Life Ins. Co. 79.60
13633 Commissioner of Revenue 1,400.34
13634 Connelly Ind. Elect. 14,643.99
13635 Copy Duplicating Products 228.66
13636 Cy's Uniforms 187.50
13637 Delta Dental 761.75
13638 Dept. of Pub. Safety-oISM 370.00
13639 E-Z-Recycling 2,070.00
13640 Equal Net 4.86
13641 Farmers State Bank of Hamel 5,877.67
13642 Nancy Gilbert 135.42
13643 Government Training Service 420.00
13644 Grafix Shoppe 71.36
13645 Greater N.W. Office of R.E.Assess. 2,256.67
13646 Hamel Fire Dept. 29,169.25
13647 Henn.Co. Treas., Acctg. Svcs. 3,225.49--
13648 Henn.Co. Sheriff 104.12
13649 Holmes & Graven 8,947.66
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ORDER CHECKS - SEPTEMBER 6, 1994 (CONT'D)
13650 Hwy. 55 Rental 27.48
13651 James R. Johnson 56.03
13652 Edward Kraemer & Sons, Inc. 115,233.29
13653 LMCIT 113.76
13654 G.D. LaPlant Sanitation 24.21
13655 Lake Business Supply 114.46
1365G Long Lake Fire Dept. --4 2-7-9.5-0
13657 Long Lake Ford Tractor 176.35
13658 Loretto Fire Dept. 6,857.25
13659 MN Dept. of Adm. 14.00
13660 MTI Dist. 59.08
13661 Maple Plain Fire Dept. 775.00
13662 Mayer Distributing 2,635.76
13663 Medica 3,779.56
13664 Metro West Inspection 3,994.01
13665 Metropolitan Waste Control 8,312.00
13666 Minnegasco 16.80
13667 Minnesota Dept. of Revenue 654.00
13668 Minnesota Pipe & Equipment 25.67
13669 National Businesswomens Assn. 177.00
13670 North Memorial Medical Center 44.50
13671 Northern States Power 1,255.01
13672 Northern States Power 649.35
13673 Northwestern Financial Review 108.23
13674 P.E.R.A. 4,299.93
13675 Planners Bookstore 131.45
13676 Pryor Resources, Inc. 158.00
13677 Randy's Sanitation 146.23
13678 Reynolds Welding 17.17
13679 Southam Business Communication 188.60
13680 Streicher's 24.39
13681 Steven M. Tallen 2,066.43
13682 Twin City Office 178.21
13683 U.S. West Communications 380.99
13684 Uniforms Unlimited 53.68
13685 Water Pro 163.88
13686 Weekly News 202.00
13687 Westside Wholesale Tire 1,015.25
13688 Wright -Hennepin Electric 996.11
13689 Zee Medical Service 40.04
13690 Ziegler, Inc. 146.89
$284,141 .36
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MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 6, 1994
The City Council of Medina, Minnesota met in regular session on
September 6, 1994 at 7:30 p.m. in the City Hall Council Chambers
with Mayor Anne Theis presiding.
Members Present: John Ferris, James Johnson, Ann Thies, Philip
Zietlow and Mayor Theis.
Members Absent: Phil Zietlow until 7:40 p.m.
Also Present:
Police Chief Rick Rabenort, City Engineer Shawn
Gustafson, Zoning Administrator Loren Kohnen,
City Attorney Ron Batty and Clerk -Treasurer Jeff
Karlson.
1. ADOPTION OF THE AGENDA
Moved by Ferris, seconded by Thies, to adopt the agenda with the
following addition:
A. Acquisition of Hyberg and Finazzo Properties
Motion passed unanimously.
2. CONSENT AGENDA
Moved by Thies, seconded by Mayor Theis, to approve the consent
agenda, as follows:
A. Resolution No. 94-58, "Resolution Granting a Permit to
Minnegasco, Inc. for Gas Main Installation"
B. Approval of Temporary Sign Permit for St. Peter and Paul
Church to Advertize their Fall Harvest Festival
Motion passed unanimously.
3. MINUTES
Moved by Thies, seconded by Mayor Theis, to approve the minutes of
the regular meeting of August 16, 1994, as amended, as follows:
Page 4, paragraph 1, line 5, to read, "...stream south of..."
Motion passed unanimously.
4. OSTLUND/WELLHAUSEN OFFERS TO PURCHASE CITY LAND
Ron Batty said the City had a written offer of $500 from Tom
Wellhausen, 4505 Walnut Street, to purchase Lots 11 and 12, Block
10, Independence Estates, and a verbal offer of $500 from Arnold
Ostlund to purchase Lots 13 and 14, Block 10.
Mayor Theis said the lots were not buildable lots.
Batty said city staff needed to verify that the City had title to
the property.
Phil Zietlow arrived at 7:40 p.m.
Ann Thies said staff should also find out whether there were any
back taxes or special assessments that had to be paid.
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Mayor Theis said the City should require that the lots be combined
into one parcel.
Batty recommended that the Council accept each offer of $500 for
two lots as long as the buyers accept the closing costs.
Moved by Mayor Theis, seconded by Zietlow, to authorize City
Attorney Ron Batty to contact Arnold Ostlund and Tom Wellhausen to
let them know their offers of $500 are acceptable provided that
they be responsible for closing costs and any back taxes or special
assessments which may be outstanding. Motion passed unanimously.
5. K-TEL INTERNATIONAL - REQUEST FOR TIF ASSISTANCE
Ron Batty said K-Tel International was requesting tax increment
financing assistance for a development on property owned by Wally
Doerr at the intersection of T.H. 55 and County Road 6. Batty
provided an estimate of the amount of tax increment which the
project could expect to generate.
Batty noted the following changes in the TIF laws which were
included in 1994 legislation:
1. There would be an extra year to collect increment in an
economic development district.
2. A city could no longer shift the loss of state aid to the
developer.
Batty said the second change was significant because he estimated
the lost aid to be about $26,000 per year for a project the size of
K-Tel's. Batty said the purpose of the law change was to
discourage cities from creating tax increment districts. Batty
said the City could justify the loss of state aid if there was a
public improvement included which would otherwise have to come out
of the general fund.
Jim De Pietro of Garfield Clark & Associates said K-Tel was looking
for a site for its international headquarters. De Pietro said the
K-Tel development would be a quality business which would attract
other businesses to the area. He mentioned that there were four
homeowners that might need to be bought out to make the project
feasible.
Mickey Elfenbein, president and CEO of K-Tel, said the City needed
to consider the long-term potential of the site, 5-10 years from
now.
John Ferris said the project was not time -critical. He said the
City did not have an economic reason for developing this area.
Ferris added that the City needed a compelling reason to do this
type of project.
Jim Johnson said the City needed to know what the goals and
objectives were for the area north of Hwy. 55 and south of County
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Road 116.
Ann Thies said the City needed time to gather more information
before making a financial commitment.
Moved by Mayor Theis, seconded by Ferris, to table K-Tel's request
for tax increment financing assistance until October 4, 1994 so the
Council can obtain more input from city staff. Motion passed
unanimously.
6. HIGHWAY 18 & 55 PROPERTIES - REQUEST FOR BACK TIF PAYMENTS
Highway 18 & 55 Properties, a partnership which owned the property
occupied by DeVac and located in TIF District No. 1-5 Modified, had
entered into an agreement to sell the property to Rockler
Companies, Inc., a mail order, retail and publishing business.
Highway 18 & 55 petitioned the Council for back TIF payments which
were not received because they were delinquent on paying their
taxes. In addition, Rockler Companies requested that DeVac's
Development Agreement be assigned to them upon the payment of all
taxes, penalties and interest.
Ron Batty said the development agreement with Hwy. 18 & 55
Properties was flexible enough that the Council could take any one
of the following three positions: (1) refuse to reimburse lost tax
increments payments; (2) rescind agreement entirely; or (3) honor
agreement and reimburse Hwy. 18 & 55 Properties for lost TIF
payments when the taxes are paid in full.
John Ferris said when the taxes are paid in full, the City would be
getting what it bargained for when the development agreement was
created.
After more discussion, the Council agreed to reimburse the lost TIF
payments to Hwy. 18 & 55 Properties and to approve the assignment
of the agreement to Rockler Companies upon full payment of
delinquent taxes, penalties and interest.
Moved by Johnson, seconded by Zietlow, to direct City Attorney Ron
Batty to draft a resolution approving tax increment financing
payments to Highway 18 & 55 Properties for the years 1991, 1992,
1993 and 1994, subject to the payment of all taxes, special
assessments, interest and penalties. Furthermore, to approve the
assignment of the Development Agreement to Rockler Companies to
allow them to receive TIF payments in 1995 and 1996. Motion passed
unanimously.
7. TRAFFIC SIGNAL PLAN REVIEW
The Council reviewed a preliminary plan from the Minnesota
Department of Transportation for the proposed traffic control
signal system at the intersection of Trunk Highway 55 and County
Road 101. The agreement for the cost participation would be 50% to
the state, 25% to the county and 25% for the city. The city would
be responsible for electricity and minor maintenance and the state
would be responsible for major maintenance and operation of the
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signal.
Moved by Zietlow, seconded by Ferris, to approve the preliminary
plan of the proposed traffic control signal system at the
intersection of Trunk Highway 55 and County Road 101. Motion
passed unanimously.
8. WILLOW DRIVE/CLYDESDALE TRAIL STREET & UTILITY IMPROVEMENTS
City Engineer Shawn Gustafson provided a summary of the results of
the three bids received by the City for the Willow Drive/Clydesdale
Trail Street and Utility Improvements. The bids were as follows:
Low Buffalo Bituminous, Inc. $196,900.50
#2 Hardrives, Inc. $229,937.50
#3 G.L. Contracting, Inc. $240,192.90
Gustafson recommended that the City award the project to Buffalo
Bituminous, Inc.
Moved by Ferris, seconded by Zietlow, to adopt Resolution No. 94-
59, "Resolution Accepting Bid and Awarding Contract for Improvement
of Clydesdale Trail and Related Sewer and Water Improvements."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 94-59 adopted on a 5-aye and 0-nay vote.
Moved by Ferris, seconded by Zietlow, to adopt Resolution No. 94-
60, Resolution Accepting Bid and Authorizing Contract for Willow
Drive Street Improvement."
Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 94-60 adopted on a 5-aye and 0-nay vote.
9. THOMAS LUNDELL - CONDITIONAL USE PERMIT
Thomas Lundell, 2892 Trappers Trail, applied for a conditional use
permit to construct a third accessory structure on his property.
The Planning Commission recommended approval with four conditions.
Moved by Thies, seconded by Johnson, to direct City Attorney Ron
Batty to prepare a resolution granting a conditional use permit to
Thomas Lundell for an accessory building, subject to the conditions
established by the Planning Commission.
Motion passed unanimously.
10. GORDON HENDERSON - REQUEST FOR VACATION OF BROOK STREET
Gordon Henderson, 2872 Ardmore Ave, requested that Brook Street on
the west side of Block 23, Independence Beach, be vacated.
Phil Zietlow asked if there was a need for a trail system. Zietlow
said the Council should have the Park Commission look at a concept
plan before considering the vacation of Brook Street.
Moved by Mayor Theis, seconded by Zietlow, to table Gordon
Henderson's request for the vacation of Brook Street and to direct
city staff to review the matter. Motion passed unanimously.
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11. FRED KELLER - CONDITIONAL USE PERMIT FOR CEMETERY
Fred Keller, 1255 Willow Drive, applied for a conditional use
permit for a cemetery on 17 acres south of Medina Morningside.
The Planning Commission had recommended that the conditional use
permit be approved with 19 conditions.
Loren Kohnen said a cemetery was a permitted use in a rural
residential area. He added that state laws regulating cemeteries
were very vague.
Peter Naab, 2785 Morningside Road, asked why the Council was even
talking about a cemetery. He said the Council should be talking
about putting living, breathing, taxpaying citizens on the site,
not dead bodies.
Mayor Theis said the Council needed the blessing of the
Metropolitan Council and the cities of Orono and Long Lake in order
for sewer units to be allocated for a new subdivision. Theis said
the issue was no different than it had been before.
Fred Keller said the Planning Commission set forth 19 conditions
which he felt were put there to discourage a cemetery. Keller said
he would not agree to all of the 19 conditions. He said no thought
was put into these restrictions. Keller said it had always been
his intention to develop his property with residential homes.
Jim Johnson pointed out that Fred Keller's property was included in
the comprehensive plan for residential development but the Met
Council directed the City to remove it from the plan.
Ann Thies said the Met Council sliced the first proposed draft of
the amended plan in half when the City was going through the
process.
John Ferris said an effort was made to obtain more sewer units than
what the City ended up with. Ferris said the Met Council dictated
how many sewer units would be available in Medina.
Johnson asked if the Met Council was controlling Medina more than
other cities. Johnson said he did not know all the politics of the
Met Council.
Mayor Theis said there are two problems with the Met Council; they
are all appointed and you cannot get beyond the staff people.
Dan Roach, 1225 Maplewood Drive, said the City Council should try
to work on the Tri-City Agreement with Orono and Long Lake. He
said the City should take a stand and petition the Met Council for
sewer units so that the Keller property could be developed with
residential homes.
Phil Zietlow said the City did not want to amend the comprehensive
plan year after year. Zietlow said the plan that was amended in
1991 was a 10-year plan. He added that three years was a
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reasonable amount of time to go back and review the comprehensive
plan.
Jim Johnson asked what the next step was for amending the
comprehensive plan.
Ron Batty said there were two independent hurdles: Long Lake and
Orono, and the Met Council. Batty said the City would need to do
each of the following: (1) draft an amendment to the plan; (2)
hold a public hearing; and (3) set forth a reasonable number of
conditions.
Mayor Theis said two issues needed to be resolved: the conditional
use permit for the cemetery and the comprehensive plan amendment
for additional sewer units for Fred Keller's property.
Moved by Johnson, seconded by Zietlow, to draft an amendment to the
comprehensive plan which includes a 17-unit residential subdivision
on Fred Keller's property south of Medina Morningside and to
forward the draft to the Planning Commission for their
recommendation; and to table Keller's request for a conditional use
permit for a cemetery until the first meeting in November which
will be held on November 1, 1994. Motion passed unanimously.
12. APPROVAL OF CITY ASSESSORS FOR 1995
Moved by Zietlow, seconded by Thies, to affirm the reappointment of
Rolf Erickson and Ann Risch as the assessors for the City of Medina
from September 1, 1994 to August 31, 1995. Motion passed
unanimously.
13. APPROVAL OF PRELIMINARY TAX LEVY FOR 1995
John Ferris said the Finance Committee had met to discuss the
preliminary budget and tax levy for 1995. Ferris said it looked as
though the Council could keep the tax rate the same as it had been
for the last three years. The tax levy in 1993 was $722,922.
Ferris suggested the Council approve a preliminary levy of $800,000
which could be reduced before final certification in December.
With the inclusion of an estimated eight percent increase in the
City's tax capacity, a preliminary levy of $800,000 would show a
property tax increase of around four percent on the parcel specific
notices mailed to property owners prior to the Truth in Taxation
hearing.
Moved by Ferris, seconded by Mayor Theis, to certify a preliminary
levy of $800,000 to the county auditor.
The Council agreed to hold the Truth in Taxation hearing on
Wednesday, December 7, 1994 and the reconvened hearing on December
14, 1994, if necessary.
Moved by Zietlow, seconded by Ferris, to adopt Resolution No. 94-
61, "Resolution Certifying the Proposed Property Tax Levy for 1995
and Establishing Date, Time and Place for the Truth in Taxation
Hearing."
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Ayes: Ferris, Johnson, Thies, Zietlow and Mayor Theis. Nays:
None. Resolution No. 94-61 adopted on a 5-aye and 0-nay vote.
14. PAYMENT OF BILLS
Moved by Zietlow, seconded by Mayor Theis, to approve payment of
Order Check Numbers 13626-13690 for $284,141.36 and Payroll Check
Numbers 14024-14056 for $23,547.95. Motion passed unanimously.
15. EXECUTIVE SESSION
Ron Batty announced that the Council would be going into executive
session on the basis of attorney -client privilege to discuss the
Finazzo and Hyberg properties.
Moved by Thies, seconded by Johnson, to close the executive session
at 10:53 p.m. Motion passed unanimously.
Moved by Johnson, seconded by Thies, to direct City Attorney Ron
Batty to prepare purchase agreements for the Sam Finazzo property
and the Hyberg property with offers of $188,000 and $100,000,
respectively; to complete the title work on the Hyberg property;
and to notify the Hamel Legion that the City would like to obtain
a written agreement affirming the Legion's commitment to donate six
acres of park land to the City upon the acquisition of the Finazzo
and Hyberg properties. Motion passed unanimously.
16. ADJOURNMENT
Moved by Mayor Theis, seconded by Thies, to adjourn the meeting at
10:55 p.m. Motion passed unanimously.
Anne E. Theis, Mayor
ATTEST:
arlson, Clerk -Treasurer
September 6, 1994