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HomeMy Public PortalAbout04/15/08 CCM139 MEDINA CITY COUNCIL MEETING MINUTES OF APRIL 15, 2008 The City Council of Medina, Minnesota met in regular session on April 15, 2008 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Smith, and Weir. Members absent: Johnson. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, Public Works Superintendent Steve Scherer, Planning Director Tim Benetti, Associate Planner Dusty Finke, Finance Director Jeanne Day, City Administrator Chad Adams and Recording Secretary Amanda Staple. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA The agenda was accepted as presented. IV. APPROVAL OF MINUTES Crosby advised that in the future they would like less detail in the minutes and more of a summary. A. Approval of the March 18, 2008 Regular Council Meeting Minutes Moved by Smith, seconded by Weir, to approve the March 18, 2008 regular City Council meeting minutes as amended. Motion passed unanimously. B. Approval of the April 1, 2008 Regular City Council Meeting Minutes It was noted on page four, lines 20-24, it should state: "Weir inquired because the drains are through, he stated that the runoff is not being treated." It was noted on page six, line one, it should state: "seeded, not seated." It was noted on page eight, line 22, it should state:"20 feet of buffer is required down gradient from the structures." It was noted on page nine, line 41, it should state: "off the accessory structure." It was noted on page 13, line 41, it should state: "making the subdivision the trigger." It was noted on page 14, line 36:"Mr. Henry," should be "Hendry." It was noted on page 15, line 19: the word numeric should be replaced with quantifiable. It was noted on page 16, line 10, it should state: "Crosby stated there are limitations in agricultural property as to the City's ability to regulate." It was noted on page 17, line 29, it should state: "and would cause the lot to be unbuildable." It was noted on page 18, line 16, it should state: "stopping development during the winter because of the pre -November test requirements." It was noted on page 19, line 45, Medina should be Orono. It was noted on page 19, line 17, "too late" should be struck and replaced with "and only buying disease resistant elm." It was noted on page 23, line 37, delete shiny and replace with "and be made not to shine." Medina City Council Meeting Minutes April 15, 2008 140 It was noted on page 25, line 19, the first word should be deleted and should state: "It is steel and concrete structure." Crosby questioned if he or Weir should edit the minutes ahead of time in the future. Adams advised that grammatical errors could be sent to him in advance of the meeting. Moved by Weir, seconded by Smith, to approve the April 1, 2008 regular City Council meeting minutes as amended. Motion passed unanimously. C. Approval of the April 2, 2008 Local Board of Appeals & Equalization Meeting Minutes Crosby questioned the $752,000 comparable for the Feder property. Adams clarified that the $752,000 was referring to the 2007 sale of the Feder property and the language would be revised. Weir questioned the language regarding the Council discussion of submitted applications and requested value reduction" on several of the property discussions. Adams stated he could add "the applicants" before "requested value reduction" on all applicable discussions. Moved by Weir, seconded by Cavanaugh, to approve the April 2, 2008 Local Board of Appeals & Equalization meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Award Well No. 7 Pumping Facility Contract to Rice Lake Construction Group on the Total Base Bid Amount of $303,499.00 B. Approve Raffle Permit to Minnesota Colon & Rectal Foundation on May 4th at Medina Entertainment Center C. Approve Ball Field Use License Agreement to Tim Fleming, Representing Hamel Hawks D. Accept Donation of Park Bench from Hamel Lions Club E. Accept Donation from Thomas M. Crosby, Jr. and Allocate to General Fund FAccept Donation of Trees from Metro West4nQnectiel tJiwl�yaY 55 Renta1 Area G. Close City Hall on April 21 from 8:00 a.m. to 11:00 a.m. for Training Session H. Appoint Council Member Liz Weir as Representative and City Administrator Chad Adams as Alternate to Lake Sarah TMDL Stakeholders Committee I. Ordinance Establishing Fees for City Clean -Up Day Smith asked to remove Item F from the consent agenda. Moved by Smith, seconded by Weir, to approve the consent agenda as amended to remove Item F. Motion passed unanimously. Medina City Council Meeting Minutes April 15, 2008 141 F. Accept Donation of Trees from Metro West Inspection, Highway 55 Rental and Midland Nursery and Authorize Planting of Trees in Rainwater Nature Area Smith advised that her concern with planting the trees was due to the absence of an approved plan for that site. She did not think that they should be planting trees before a plan had been approved. Adams advised that the discretion to plant the trees was with the Design Team. He explained that the trees would be planted around the perimeter and advised that when the RFP for consulting was approved the Council was in agreement with the discretion and timeline. Smith thought that it was lovely that the trees were being donated but did not think that they should be planted without a plan in place that had been approved by both the Park Commission and the City Council. She thought that they should delay the planting of the trees. She advised that a large amount of dirt may be moved during the process and explained that there may need to be grading of the site also. Crosby questioned if they could delegate Smith to work with the Park Commission to get an approved plan for the site in place. Scherer stated that they could delay the planting for a few days but advised that they would be receiving the trees a few days before Clean -Up Day. Cavanaugh stated that if everything were to fall into place they could still plant the trees on that date. Adams advised that delegating that decision to the design team would also accomplish that task. Moved by Weir, seconded by Cavanaugh, to delegate Smith and the Design Team to work with whomever necessary to resolve the issue. Motion passed unanimously. VI. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Scherer advised that at their meeting they discussed moderately high priority trails, brochures for handing out on Clean -Up Day, and a spring tour for May 7th, which would be a Wednesday and not a Saturday this year. He advised that they also discussed the need for volunteers to plant the trees, the screening of well number seven and what they could do to improve the utilities in the park. C. Planning Commission Planning Commissioner Michelle Litts advised that at the meeting on Tuesday they recommended denial of the sign setback for Holy Name Church. She advised that there was concern for safety but the Church was concerned that people would not see the sign if it were further back. She advised that they also discussed the reason for the sign Medina City Council Meeting Minutes April 15, 2008 142 ordinance. She advised that Bill and Diane Young also applied to construct an addition to their property which was tabled as there was need for additional detail on their plans. She advised that Walter G. Anderson also applied to construct a 4,800 square foot addition. She advised that with the approval of the Fire Marshal the application was recommended for approval. She explained that the need was for him to be able to park a company truck indoors and the only question was if the road would be able to stay the same. VI. NEW BUSINESS A. Tamarack Road Vacation Crosby advised that he would first give background information, staff would then give details, the Council would state their positions on the issue and they would then hold the public hearing. He advised that as a technical issue they would hold the hearing tonight but did not have to make a decision on the matter tonight. He advised that this was unique among vacations, as vacations generally come from the landowners but stated that this did not come from adjacent landowners. He advised that second it would usually come from the City, but advised that it did not come from the City. He stated that this request came from members of the community. He advised that the road has not been used since the 1930's and would not be used as a north/south road in Medina. He advised that there is no directive from other jurisdictions including Hennepin County or the Metropolitan Council for Medina to have a north/south road that would use Tamarack. He advised that Medina currently does not qualify for Municipal State Aid (MSA) because they do not have 5,000 residents. He explained that by vacating the road they are not saying no to state aid funding. He advised that they would need to designate a north/south road but could choose another route. Kellogg advised that they do not have to designate a north/south road but they would have to determine a north, south, east, west grid. Crosby advised that his concern with a direct easy to use north/south road would be that it would be doing more to accommodate people that do not live in Medina. He advised that people would just drive through the City to get around traffic. He stated that these are City roads and the $130,000 in MSA that they could receive is not a lot in relation to the repairs that heavily used roads require. He advised that while they do want to be good neighbors they also want to restrict truck traffic on Tamarack, Hunter, and Willow. Adams pointed out a map with Tamarack Road divided into three sections. He advised that in section C there are no easements and the City has not been maintaining the roadway and therefore the City does not have authority to claim that as a road. He explained that the City then has nothing to vacate in that section. He stated that they just discovered that this afternoon. He explained that in section B there is 33 feet of Cartway easement and from Hamel there is 30 feet of dedicated right of way, which overlaps 16.5 feet of the Cartway easement. He explained that there is a total of 46.5 feet and suggested reducing that to 15 to 20 feet, which would be a right of way, and to get rid of the Cartway easement. Batty explained that they could trade the vacation of right of way for utility easement, if that is what the Council wants to preserve. Medina City Council Meeting Minutes April 15, 2008 143 Crosby stated that if they maintain a utility easement or trail easement that would not be a foot in the door for someone who would want to rebuild the road. Batty agreed that once shrunken down through the vacation it could not be expanded because the land would be given back to the original landowner. He explained that when you have right of way it allows you to use it for roadway and utility and advised that when you vacate you cannot use a roadway or utility easement. He explained that if they had a utility easement alone it would be fine but when you have right of way it allows you to do both roads and utilities. He stated that if you wanted to get rid of the roadway you could vacate the right of way on the condition of getting a replacement utility only easement. Crosby stated that having learned that section C does not have an easement does not take them off the hook for vacating sections A and B. He explained that the owners of section C could develop their property and offer to put in a roadway and that in negotiation with the City without a public hearing there could be a road put in. Batty advised that because this issue did not have a qualifying petition it would require four votes to vacate any piece and explained that the Council may make a decision tonight and direct staff to complete the exhibit and bring it back before the Council. Crosby advised that there was concern from the public that Cavanaugh and his family owns the land north of TH 55. Batty advised that section C does not have an easement and therefore it is not believed to be a conflict of interest existing. Weir advised that she was for vacating, as she did not think that it would ever be used. She questioned if staff was recommending that they have a 20-foot right of way for utility and trail easements. Adams advised that if they maintain 20-feet of ROW then it would include trail, utility, and road uses, but explained 20-feet is not enough width to construct or maintain a road. Weir questioned how likely it is that a trail would be built across that area and what the average width of a trail is. She thought it would be highly unlikely to build a trail across a wetland. Scherer advised that it could be a boardwalk. Weir thought that a proposed utility easement would be reasonable. She advised that she had spoken with Dave Wessin and Rita Jubert, who own property in section B and they were told by the County that when their land is developed it would only be accessible by Tamarack Road. She did not think that made sense but did not want to vacate their portion of the road, just in case. She thought that they should make that access possible in the case that the County is insistent on that being the access point. She advised that she would be in agreement with vacation of all of section A and part of B with a 20-foot utility easement. Medina City Council Meeting Minutes April 15, 2008 144 Cavanaugh advised that by taking the roadway easement away they are taking away the option of using it as a north/south road. He stated that he would like to see a trail use for Tamarack and thought it would be nice to have a boardwalk if there was funding available in the future. Smith believed that they should vacate both sections A and B and did not think that the only entrance for the Jubert property would be Tamarack Road. She stated that when the property is developed the right road would be set in. She explained that she is the liaison to the Parks Commission and that when they discussed the future trails they brought them around wetlands, not through them. She stated that when the plan comes through for development the City could say that they want the trail around the wetlands. She did not trust that the road would not eventually go through and wanted to vacate the entire road. She explained again that where the road would be put would depend on how the parcel is developed. Weir stated that with respect to what the County had told Rita Jubert she thought that they should leave that access point open. Smith advised that it could have been a misunderstanding and stated that they do not always have to give the County what they want. The public hearing was opened at 8:05 p.m. Rita Jubert, 1355 Hamel Road, advised that her land borders Hamel Road and east of the Tamarack ROW. She stated that they have provided easements/ROW and was advised by Hennepin County that if she sold her property they would take out the driveway and the exit would be through Tamarack Road. She did not care whether or not they vacated the road. She thought that if they did not vacate the road it could only go down to the wetlands. Dave Wessin, 1125 Hamel Road, thanked the Mayor for clearing up the misunderstanding. He was comfortable vacating section A. He thought in reality they are all working towards intelligent growth and the comprehensive plan does not show Tamarack Road going through. He was comfortable vacating section A and going about 100 feet towards the buffer. Dan Sullivan, 1245 Oak View Road, was a little unsure of what the grand plan for the City of Medina was. He was concerned that what they are doing is not completely thought out. He stated that he moved to Medina because he likes the rural setting and does not like major roads or trails. He was not sure that he understood the issue of state aid and the relation to the road. Weir advised that he could view the comprehensive plan at City Hall or online. Crosby advised that if they vacate Tamarack Road they could designate another route to gain state aid. Smith advised that the route does not have to be a straight line, they just have to show that you can get there by taking certain roads. Medina City Council Meeting Minutes April 15, 2008 145 Dan Sullivan stated that while they do not seem to think that Tamarack Road would go through it has been made clear that it could and that not vacating the road could allow a future Council to do so. He advised that he would be against the possibility of setting anything like that up. Crosby advised that if they chose to use the road again they would have to do it through condemnation. Dan Sullivan stated that he did not understand the need to setup a future trail along that area. He explained that people could walk along that area now. He did not want a trail around the wetland as it would be in his backyard and advised that he was opposed out of ignorance. Seth Hoyt, 1382 Tamarack Road, advised that he has been living there for ten years and had a long list of comments that had already been addressed. Don Cherry, Vice President of Lorram on Arrowhead Drive, advised that their property abuts against Highway 55 and Tamarack Road. He stated that they have no desire to see a north/south road in Medina and do want to preserve the value of their land. Skip Dickel, 2982 Trappers Trail, advised that he has lived there for the last 15 years and wanted to vacate all of sections A and B. He advised that they should not hold onto land with easements for things that are not known or planned for now. He advised that any needs should go along with development, whether it is a pathway for wildlife or developments. He thought that any utility or easements should go along with development and they should not hold them for future unknowns. He advised that the responsibility of the City should be to the residents, who want to preserve the natural setting of the community. He urged the Council to vacate completely sections A and B and both easements that exist. Crosby advised that in the comprehensive plan there is an Open Space and Trail Plan in which they have indicated where they would like trails and explained that a large portion of those are on privately owned property. He explained that by doing that they can state where they want trails when the development occurs. Phil Zietlow, 875 County Road 24, stated that he had been a longtime Mayor, Councilmember and Planning Commissioner. He advised that this issue started 18 years ago. He stated that he had taken some boy scouts through that easement and they had to turn around when they were neck deep in the wetland. He thought that they should vacate the entire road and use Blackfoot as their easement. He advised that he is in favor of trails but only if usable areas. Jo Ann Ferris, 1265 Oak View Road stated that they put a lot of the residents at ease and explained the issue in detail. She advised that the majority of residents came to Medina to escape big city issues. She stated that her husband John was Mayor and a Planning Commissioner and that even then the residents did not want a north/south road that would bring traffic and truckers. She stated that if there are any other easements they should also be brought forward for discussion as they have been nearing 5,000 residents for years. She stated that by accepting state aid they would be accepting their input as well on decisions and with their regulations. She thought that Medina City Council Meeting Minutes April 15,2008 146 the Council should be the ones protecting the residents and their well being, and did not think that they should have to put up with demands made by the State. She stated that they needed to cherish and fight for their existence in Medina. Crosby reminded the residents that state aid is not on the table to talk about but advised that he saw it as a political issue. He advised that it is political if they choose not to accept state aid and in the budget discussions, $130,000 is a lot of money. Cavanaugh reminded the residents that what happens with Tamarack Road has nothing to do with state aid. Smith stated that it would be a political discussion and would center on what the cost of losing the City's soul is. Adams stated that he had a letter to be included on the record from Kerry Kaluza, 2452 Holy Name Drive, that questioned if by closing off this area they are being good citizens. Adams stated he had another letter from Ann, Ben and Mike Hofkin, 1452 Tamarack Road, who was in favor of vacating Tamarack south of Hamel Road. Crosby advised that people had voiced concern over traffic on Homestead and advised that the Council was never planning to make Tamarack a north/south road. He advised that just because this is being taken does not mean that they are giving up working with the County. Kjerstan Chapman, 1910 Iroquois Drive, agreed with Mr. Dicke) about vacating sections A and B, and that the easements should be dealt with as the development occurs with the adjacent landowners. Moved by Smith, seconded by Weir, to close the public hearing at 8:30 p.m. Motion passed unanimously. Crosby stated that he felt strongly that they needed to retain an easement. Smith requested that they consider only a utility easement for sections A and B and did not believe that if the County knew the facts they would still choose Tamarack Road as the exit for the Jubert property. She stated that Mr. Wessin had developed a nice concept plan during the Comprehensive Plan review and it did not include the pseudo easements. She lobbied that they vacate the entire area and go back to the property owners to get the utility easements. Batty advised that to develop a utility easement they would either skinny up the existing easement to whatever they want which would technically leave the right of way but would not allow the road. He advised that they could also vacate the entire right of way and trade that out for a utility easement for 15 to 20 feet. He explained that a portion of the land bordering part of section A does not have an easement and if they vacated it the land would go back to someone who is not an adjacent land owner and they would be unable to track them down. He explained that it would be easier to deal with the northern half of section A and section B unless they want to vacate the whole thing. Medina City Council Meeting Minutes April 15, 2008 147 Weir questioned how likely it would be to put a utility easement in. Kellogg advised that he would not put odds on it but contrary to policy, if you have property you should think long and hard about it before you give it up. Smith stated that when that property develops in ten years they would get the easement. Cavanaugh stated that whether it is a portion of A and B or the entire area, they should give up all rights to a road in that area. He stated that he was adamant about the utility easement and the boardwalk and did not think that would put a foot in the door for a road to be built. He advised that is not to say that a boardwalk would be put in, as the alternative would be a trail going around the wetlands through backyards. Weir advised that she could accept the utility easement but not the trail easement. She advised that she would vacate section A and 500 feet in section B. Crosby advised that the trail seems to be the only issue. Cavanaugh advised that it is a critical issue to him and that they can use it or not but that they would at least have the option. He wanted to keep the option open. Smith advised that the issue has been discussed in meetings for the Park Commission and the trail would go around the wetland, not through it. Crosby questioned if they all agreed to vacate sections A and B. Crosby suggested that the Council hold this issue over to the next meeting when Johnson is also present for discussion. He thought that they should leave the utility easement issue open as well. Cavanaugh advised that delaying this decision is costing the City money. Batty advised that this issued had cost the City at least $5,000 in his bills at this point. Cavanaugh advised that the clock is running and suggested taking the link out of the road. Smith advised that if they want to stop the clock now they should just vacate the entire road. Moved by Smith, seconded by Weir, to table this issue until the next City Council meeting. Motion passed unanimously. Mayor Crosby recessed the meeting at 8:45 p.m. The meeting was reconvened at 8:52 p.m. B. Hamel Road Infrastructure Improvements Crosby advised that this issue had been before the Council many times and stated that at this point there is a time constraint. He advised that if they fail to act within a certain amount of time they would forfeit tax increment from the district. Medina City Council Meeting Minutes April 15, 2008 148 Batty advised that they have to be in the ground by July 9, 2008. Crosby advised that they would have to have an assessment and the equipment ready. Smith clarified that Cavanaugh was abstaining from the vote because he owns property involved in the project. Batty advised that the other three members of the Council would need to vote in favor to approve the motion. Kellogg identified which properties would be benefiting from the project. He advised that there would be reconstruction of the road and sewer. He advised that they opened the bidding on March 26th and received a total of 15 bids. He advised that the low bid was consistent with the feasibility study that had been conducted. He stated that the composed assessment roll was a total of $554,000 and that they were directed by Council to use the higher assessed amount. He advised that six properties were given a credit for a previous assessment as they had paid assessments on a previous project. Crosby explained that each Argent Parc condo unit would have to pay $4,500 over the next 15 years with six -percent interest, and advised that most of the other single family units would fall in the range of $3,000 to $6,000 for assessment. He advised that St. Anne's Church is not exempt from assessments. He stated that they are in a very favorable time to issue bonds and advised that the price to residents would be about two interest points above what it is borrowed at. Batty advised that the interest rate would be about six percent. He advised that they are doing this process backwards and assessing the funds before they are borrowed, so that is why the amount is set at six percent. Smith thought that they had to do the project. Adams questioned if the Council was okay with the assessment of $554,000 and advised that amount may be reduced now or in the future. Weir stated that she would be happier reducing it once they know what the bond would be. Kellogg advised that they have the bid but also talked about change orders already. He advised that it is a reasonable bid and could not recall a time that they received 15 bids back on a job. He explained that it is the right time to do these improvements because the market is hungry. Crosby advised that he was comfortable doing the project and with the assessment. He advised that everyone would see a distinct difference and it would improve the area. He also advised that 80 percent of the costs would be laid off on the tax increment district. Weir advised that she is supportive of the assessment and also moving forward on the project. She advised that they have not yet discussed the two alternate bids for concrete sidewalks or pavers, and additional street lighting. Medina City Council Meeting Minutes April 15, 2008 149 Kellogg stated that as you transition to residential the street lighting is spaced out more and then gets closer together when approaching the Church and into the business district. He advised that the business district still did not meet the minimum standards for lighting and that is why the additional lighting was bid as an alternate. He questioned if the Council wanted the minimum number of lighting for the street or additional lighting. Smith advised that they should consider dark sky regulations. Kellogg advised that has to do with the cutoff of the light and not the number of lights. He advised that it is not a decision that had to be made tonight. He advised that the cost and assessment did not include those additional lights and advised that they would cost an additional $80,000. Crosby questioned that if the Council were to pass this, would they be guaranteed that the residents would not have to pay more than $554,000. Adams advised that was correct. He advised that there would be an additional private cost to property owners to connect to the new underground utilities. Smith questioned if there would be any way to do a joint bid for connecting to assist the residents and obtain a cheaper rate. Adams advised that they could urge the property owners of Hamel to join together but the City could not facilitate that for them as it is a private project cost. Staff has contacted a business owner in Hamel to encourage the property owners working together. The public hearing was opened at 9:10 p.m. Tom Manning, 282 Hamel Road, stated that he has a 60-foot maple tree that is not shown on the site and was concerned that they were cutting it down. Kellogg advised that it appears to be outside of the right of way, which would explain why it is not shown on the site. Manning also stated that he loved what he saw but questioned why the pavers would be stopping and why the homes to the west would not receive the pavers. He advised that if they are going to do pavers it should be equal. Kellogg advised that the pavers were meant to focus on the business district and that a transition into sidewalk would be appropriate for the residential section. He advised that it would not just be a standard sidewalk. Manning advised that his neighbor is an accountant and works from home, he wondered if the Council would consider extending the pavers. Weir stated that it would be nice but advised that it would make a difference in the price. Medina City Council Meeting Minutes April 15, 2008 150 Adams advised that the differentiation between doing all concrete sidewalk for the project and partial brick pavers/concrete sidewalk was about $28,000 according to the low bidder's alternates. Tom Manning questioned if a resident were to pay the full assessment amount and the Council then reduced the assessment amount in the future, would that resident receive a rebate on what they had already paid. Adams advised that if the City were to provide assessment relief in future years, residents that had paid the assessment in full would not receive a rebate. Joe Cavanaugh, representing 272 Hamel Road, spoke as a private citizen and he agreed with the pavers going down the full extent of the project. He advised that the people who are on the portion are paying the same amount and stated that there is no reason that they should not receive pavers like everyone else. Eric Simmer, United Properties developer of the Ferrel Gas site, questioned if the lighting fixtures proposed were commercial or standard. Adams entered into the record a letter received from Clifford Fortin, 195 Hamel Road, opposing the proposed assessment. Batty advised that there were specific dollar amounts included in the letters that were sent out to each of the residents. He advised that each person received a letter specific to their property and advised that it included a dollar amount. He reminded the residents that if they wished to appeal they must file a written objection before the hearing is closed tonight. He advised that this would be the last chance to appeal the assessment. Moved by Smith, seconded by Weir, to close the public hearing at 9:20 p.m. Motion passed unanimously. Weir suggested looking into the cost of the additional pavers. Crosby agreed that they should review that information. Kellogg advised that it would be better to know that now as they are in a better position for bargaining before they actually award the project. Adams advised that they would provide the research and come back to the Council with that information as well as the information discussed at the work session. 1. Resolution Adopting Assessment Roll for Hamel Road Improvement Project Moved by Weir, seconded by Smith, to approve Resolution Adopting Assessment Roll for Hamel Road Improvement Project, as requested. Motion passed 3-0-1 (Cavanaugh abstaining). C. Pre -Sale Report for Hamel Road Infrastructure Improvements — Ehlers & Associates, Inc. Medina City Council Meeting Minutes April 15, 2008 151 0 1. Resolution Providing for the Sale of $2,475,000 General Obligation Bonds, Series 2008A Dave Callister, Ehlers & Associates stated that with the Hamel Road project they have a presale report, which covers how they would structure the financing for the project. He stated that he is comfortable with the numbers they received. He advised that it would be separated into two issues, the tax increment bond and the general obligation improvement bond. He recommended that they get the bonds rated with Moody Investor Services to get the best rate. Crosby stated that given the tremors in the financial market, Moody's has gotten bad comments and questioned if they would pay more for the bonds if they use Moody's. Callister replied that there is an option to get two ratings but advised that it would not cost the City any money to use Moody's. He advised that they are familiar with the community and there is an AA3 rating for the City. He advised that the special assessment was run with six percent interest for 15 years, and went over further details from the presale report. He advised that they have scheduled the bond sale for May 20th, which is when they would take bids and find the lowest interest rate possible. He stated that they would then bring that information back to the Council that night at the meeting. Moved by Smith, seconded by Weir, to approve Resolution Providing for the Sale of $2,475,000 General Obligation Bonds, Series 2008A, as requested. Motion passed 3- 0-1 (Cavanaugh abstaining). 2. Resolution Declaring the Official Intent of the City of Medina, Minnesota, to Reimburse Certain Expenditures from the Proceeds of the Uptown Hamel Road Improvement Capital Improvement Project Moved by Smith, seconded by Weir, to approve Resolution Declaring the Official Intent of the City of Medina, Minnesota, to Reimburse Certain Expenditures from the Proceeds of the Uptown Hamel Road Improvement Capital Improvement Project, as requested. Motion passed 3-0-1 (Cavanaugh abstaining). D. Financial Management Plan Introduction — Ehlers & Associates, Inc. Dave Callister, Ehlers & Associates, presented an overview of the financial management plan that they had been working on with staff. He advised that although cities do work on a comprehensive plan, they do little in terms of long range financial planning. He advised that this would be for the next ten to 12 years of operating costs and capital costs and would show what those impacts would be. He advised that the first draft should be ready for the May 20th Council meeting. He advised that it is a multi -year financial plan that would look at all tax supported plans. He stated that they then compare that to entity standards to view how the City is using their money. He advised that it would help to manage expectations, and is also a tool and model that officials can use to prioritize projects and use to make decisions on priorities and financial responsibility. He advised that the plan also reduces stress during budget time because it looks at projects and shows the next ten years of financial obligations. He advised that rating agencies also like to see that a city has a financial plan and stated that it helps to gain a better rating. He then explained steps of the plan process and showed models used from other cities. Medina City Council Meeting Minutes April 15, 2008 152 Crosby questioned what if the City decided that they wanted to bond out a public works facility. Callister advised that you could plug in many scenarios to the models that they will provide, and a current model for the facility is being used. Weir questioned if staff would be able to update the plan when needed or if Ehlers & Associates would have to do the updating in future years. Callister advised that it could be done either way. He advised that the outcome of the long-range financial plan would be less paycheck to paycheck thinking for the City and stated that they would be able to see upcoming projects. He advised that he would bring the model to the Council next month. Crosby questioned what amount is paid for the financial plan. Adams advised that it was a total of less than $15,000 and was being funding through the water bond issue. Callister advised that cities spend a lot of time and money on comprehensive plans, tens of thousands, and stated that the money spent for the financial management plan would be well worth it. He stated that he could provide a list of the 25 cities that currently use their financial management plan. VII. OLD BUSINESS A. Ordinance Pertaining to Wetland Protection and Regulations Amending Sections 826.25.5, 828.43, 831.05, 831.07, 832.05, 832.07, 833.05, 833.07, and 835.05 1. Resolution Authorizing Publication of Ordinance by Title and Summary Crosby stated that there are some issues that need to be addressed. He explained that first off, for accessory buildings or projects, he would be in favor of regulating down gradient buffers. He stated that he would not require the entire wetland to be buffered because of the project. He explained that the purpose of the setback is not ecological directly but indirectly related to protecting the buffer. He thought that there ought to be a way to be more flexible with setbacks and buffers. He advised that the question is not whether they are going to have a buffer, but explained that the issue was about bringing setbacks into the ordinance. He explained that the watersheds require buffers but not setbacks. He advised that they are fiddling around with the size of the buffer and increasing it from what is required by the watershed and explained that the biggest difference was that they are requiring setbacks, which do not have an ecological purpose other than protecting the buffer. Smith questioned if Crosby was really told that there was no environmental value to a setback other than keeping people out of the buffer. Crosby explained that the difference between a 15-foot and 50 foot buffer is only ten percent more nutrients. He advised that just because you double the size of the buffer it does not mean that you double the benefit. Medina City Council Meeting Minutes April 15, 2008 153 Smith advised that the reason that there is a setback for a buffer is so that you can deal with the building without having to go into the buffer. Crosby advised that, as he understood it, if setbacks are not directly ecologically effective then there needs to be some flexibility. Smith advised that the Planning Commission had decided that accessory buildings do not count and do not need setbacks. She thought that some kind of setback was necessary and thought that it should be at least five feet. Cavanaugh advised that he would agree with a five-foot setback for an accessory building. Weir thought that they should distinguish between small buildings and large buildings. Crosby advised that they need to be flexible and advised that he also heard another concern from residents which was that they would like existing parcels with no house on it to be exempt. He explained that it would be property that has not been developed at all, but is owned and just had not yet had the house built. He advised that he would go along with that idea as long as there was a time limit, such as December 31, 2009. He explained that because the person already owns the property, the property would be exempt from the conditions as long as the permit is pulled by that date. He advised that they would still have to follow the existing rules for wetlands, which would be the rules put in place by the watershed district. Weir stated they should still have a minimum of 20 feet around everything because someone's land could be down gradient to a very popular area. Crosby stated that without getting into detail they should have some kind of limited phasing for people that already own their property. Smith thought that everyone should follow the new rules. She clarified that Crosby was thinking of giving people two years to play by the old rules. Crosby advised that he would still require them to have a buffer, which matches the requirements of the watershed. Weir advised that she would consider that with a one-year window. Crosby explained that December 31, 2008 would be a time of political transition. Weir advised that they should discuss the width of the buffer. Smith advised that it would depend on the category of the wetland. Crosby explained that the point was raised at the last meeting whether you would need a specific variance to get a setback variance or if you would go to the Council. He advised that he would want flexibility. Medina City Council Meeting Minutes April 15, 2008 154 Weir stated that on page 11, E, a section might be reduced by the discretion of the council. She explained that is something for the present Council to have reference to. Smith thought that a good point was brought up with flexibility. She stated that some language should be included about new technology to control runoff. She advised that they could have some best practices that would allow for flexibility as something could come along in the future to better control the runoff. She advised that she would be okay with someone coming before the Council with an engineer or water management specialist to say that they can keep the runoff from getting to the wetland. Crosby advised that he would like an answer to the Seeland large acre exemption. Batty advised that by state law 20-acre lots are exempt from that. He explained that 20 acres or larger is not defined by state law and a creation of a lot of 20 acres or more would not trigger anything here. He explained that the Council would pick that up with the building permits. Finke explained that they looked at a blanket comment of agriculture being exempt from the wetland ordinance. He advised that there are a number of things that are exempt and did not know whether those things covered two percent or 98 percent of agriculture. He explained that if that form of agriculture is exempt from the WCA then it was likewise exempt here. He advised that they are tracking exemptions with statutory exemptions. He explained that if state law allows you to go into the wetlands you should not need a buffer. Crosby clarified that if someone set aside 20 acres of land then they would not have to worry about buffers to do certain agricultural activities but if they come in for a building permit they would then need to comply. Crosby left the meeting at 10:15 p.m. Smith advised that if there were an accessory building or swimming pool upland from a wetland, the only buffer per the current ordinance would be down gradient. She was wondering if the buffer would be two or three times the width of the building. Finke advised that down gradient would be for pre -construction and advised that it would be the drainage area of the area being worked on. Weir thought that it would be relevant to add accessory buildings over 3,000 feet to page seven subdivision 3C and thought it should read, principal structure or accessory buildings more than 3,000 feet. Cavanaugh questioned if they would still be included in that if they could contain all of the runoff. Finke advised that under the current draft it would be required to have a 20-foot buffer in the area where the runoff comes down. He explained that a new house changes the principal use of the property. He advised that there are things that trigger the ordinance in his presentation that they did not go through tonight. Medina City Council Meeting Minutes April 15, 2008 155 Cavanaugh advised that he would agree with rain gardens being used to contain the runoff. He thought that rain gardens would be a good idea for large buildings. Weir also agreed with the use of rain gardens. Weir requested that John Smyth attend the next meeting. Smith agreed that they should table this item, invite Smyth to the next meeting, and requested to see in writing that a setback to a buffer does not benefit the environment. Consensus reached to table this item until the May 6, 2008 Council meeting. E. Water and Sewer Utility Connection Agreement Between the City of Medina and City of Corcoran Adams updated the Council by stating the agreement requires that Corcoran would be building the infrastructure and providing the easements. He advised that Corcoran would also be paying for trunk connection rates when the City establishes those fees and rates. He advised that the pipes would be oversized for future capacity and the amount of those pipes would be credited back. He advised that Medina would get revenue that would exceed their existing rates and would not be putting any cash into the project. Smith questioned how they would tell the residents of Medina that the pipes are there but they cannot hook up to them. Weir advised that is what the staging plan is for and that there is rational behind that. Adams advised that it would save Medina property owners money down the road to allow Corcoran to build this. He advised that not allowing Medina property owners to hook up to the facilities right away is a growth management tool, and no longer a capacity issue in 2008 pending the Well completions. Adams advised that Corcoran would have to comply with all Medina ordinances and that technically Medina would invoice Corcoran, who would then bill their users. He advised that they are still working on a termination clause and debt service obligation clause for Corcoran, if they were to build their own facilities in the future. He stated that they do not want Corcoran to walk away from this when Medina is counting on their revenue for the next ten years or so. He advised that they would potentially come back to the May 6th meeting with an agreement. Smith advised that one benefit of building the infrastructure today is that it would cost less than it would in ten years. F. Holy Name Church Sign Variance —155 County Road 24 1. Resolution Denying a Variance from Setback Requirements of the Sign for Holy Name Church for Property Located at 155 County Road 24 Benetti advised that the Church is asking for a five-foot variance and stated that there is a ten foot required setback. He advised that they want to replace their current sign with Medina City Council Meeting Minutes April 15, 2008 156 a new sign and explained that the City requires a ten -foot setback from property lines. He advised that there is a ten foot drainage easement from the County Road and they do not like to see any structures in there because of the base that comes along with a sign. He advised that this issue had come before the Planning Commission the previous week and they felt there was not a hardship present and therefore denied the variance. He advised that it was a unanimous vote to deny. Smith advised that she would support the variance denial recommended by the Planning Commission. Weir also supported the denial. She also requested that they suggest that the Church install fencing around the nearby oaks. Moved by Smith, seconded by Cavanaugh, to approve Resolution Denying a Variance from Setback Requirements of the Sign for Holy Name Church for Property Located at 155 County Road 24, as requested. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT A. Solid Waste Service Compliance Adams advised that Randy's Sanitation had reported that 25 residents are currently refusing solid waste collection service and stated that the City may have to require an ordinance to require enforcement or to provide an opportunity for land owners to demonstrate an altemative environmentally friendly collection. He stated that there is reason to believe that some of the residents are burning or burying their garbage. He stated that they would begin working on an ordinance unless there are Council objections. Other Updates Adams advised that there is also a new grant opportunity through the U of M and McKnight Foundation that could provide up to $100,000 for cities that are up to 12,000 in population for growing communities. The grants could support drafting and implementing land -use ordinances. He advised that he was working the Planning staff on that issue and stated that the decision would be made in mid -May. Adams advised that he also met with Pioneer -Sarah Creek Watershed Commission representatives and was advised that they are not having success with the Clean Water Legacy funds for animal unit waste reduction and would like the $410,000 that had been set aside reallocated to lakeshore restoration. He stated that issue would be brought back to the April 29th work session for discussion. He advised that staff and Weir would update further on that issue on April 29th. Adams advised that Hamel Station would be doing their groundbreaking the following Tuesday and would send out details on that. X. MAYOR & CITY COUNCIL REPORTS Weir advised that neither Greenfield nor Corcoran has responded to the phosphate loading reduction for the Lake Sarah TMDL review. Medina City Council Meeting Minutes April 15, 2008 157 XI. APPROVAL TO PAY THE BILLS Moved by Cavanaugh, seconded by Weir, to approve the bills, EFT 000210-000216 for $28, 783.64 and order check numbers 032261-032336 for $146,498.66 and payroll check numbers 020163-020165 for $1,360.40 and EFT 501151-501181 for $40,167.80. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Cavanaugh, to adjourn the meeting at 10:55 p.m. Motion passed unanimously. / 7 V1: T.M. Crosby, Jr., Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes April 15, 2008 158 This Page Intentionally Left Blank Medina City Council Meeting Minutes April 15,2008 159 ORDER CHECKS March 28, 2008 - April 10, 2008 032261 $359.21 032262 $0.00 032263 $0.00 032264 $0.00 032265 $92.31 032266 $115.50 032267 $450.00 032268 $67.50 032269 $1,463.91 032270 $2,863.41 032271 $100.00 032272 $104.20 032273 $539.63 032274 $55.88 032275 $3,435.00 032276 $237.32 032277 $2,324.44 032278 $736.50 032279 $951.32 032280 $25.00 032281 $141.00 032282 $2,502.52 032283 $270.00 032284 $756.90 032285 $696.94 032286 $59.09 032287 $11.68 032288 $79.40 032289 $112.21 032290 $683.86 032291 $210.00 032292 $58,054.30 032293 $297.20 032294 $110.95 032295 $1,095.02 032296 $24.95 032297 $680.23 032298 $122.42 032299 $16,750.93 032300 $1,282.15 032301 $187.44 032302 $199.84 032303 $72.63 032304 $145.00 032305 $5,108.50 032306 $50.00 032307 $14,603.86 032308 $1,806.75 032309 $55.00 032310 $240.00 032311 $23.00 032312 $2,751.12 032313 $20.00 032314 $870.00 032315 $71.57 032316 $63.90 032317 $489.23 032318 $1,043.11 032319 $145.08 032320 $13.99 032321 $603.63 032322 $20.49 032323 $5,116.36 032324 $252.16 032325 $3,572.28 032326 $246.56 032327 $31.62 032328 $330.53 032329 $43.91 032330 $130.00 032331 $1,725.19 IMPACT MAILING VOID VOID VOID OFFICE OF CHILD SUPPORT ACCLAIM BENEFITS-FSA DEPT. ACCURATE RADAR SPECIALTIES ACCURINT ALLEGRA PRINT & IMAGING ALTERNATIVE BUSINESS AMEM AMERICAN TIRE ASSURANT EMPLOYEE BATTERIES PLUS BLACK HILLS AMMUNITION BUDGET PRINTING CENTERPOINT ENERGY CIPHER LABORATORIES INC COLLISION CORNER CSC CREDIT SERVICES DEEP ROCK WATER COMPANY DELL MARKETING L.P DEPARTMENT OF PUBLIC DESIGNING NATURE, INC. ELAN FINANCIAL SERVICE FRONTIER GALL'S, INC. GOPHER STATE ONE CALL HAMEL BUILDING CENTER HECKSEL MACHINE INC HENNEPIN CO.TREAS.(JAIL HENNEPIN COUNTY PUBLIC HENNEPIN COUNTY SHERIFF HENRYS WATERWORKS INC HONEST AUTO H OSTI N GM I N N ES OTA. COM INTEREUM, INC. INTERSTATE BATTERY SYSTEM KENNEDY & GRAVEN KONICA MINOLTA (QRTLY KUSTOM SIGNALS, INC. LAW ENFORCEMENT TECH. LAWSON PRODUCTS, INC LEAGUE OF MINNESOTA CITIES LONG LAKE, CITY OF MEDTOX LABS METRO.COUNCIL ENVIRO. METROPOLITAN COUNCIL MFVGA (MN FRUIT/VEG MINNEAPOLIS FINANCE DEPT MINNESOTA DEPT. OF HEALTH MN DEPT OF ADMIN (QRTLY MOTHERS MOTORS/LORETTO NAPA AUTO PART OFFICE DEPOT ON SITE SANITATION PRUDENTIAL INSURANCE CO. QWEST REED BUSINESS SCHARBER & SONS, INC SPRINT/NEXTEL ST. PAUL STAMP WORKS STREICHER'S SUN PRESS & NEWSPAPERS TALLEN & BAERTSCHI TIME SAVER OFF SITE SEC. T-MOBILE TRUST TELECOMMUNICATIONS TWIN CITY OXYGEN TWIN CITY WATER CLINIC INC UNIFORMS UNLIMITED Medina City Council April 15, 2008 Meeting Minutes 160 032332 VALVOLINE FLEET SERVICES $156.59 032333 VIKING INDUSTRIAL CENTER $404.50 032334 WAYZATA, CITY OF $19.00 032335 WRIGHT-HENNEPIN ELECTRIC $2,661.06 032336 XCEL ENERGY $5,361.88 Total Checks $146,498.66 E-CHECKS March 28.2008 — April 10.2008 000210E PR PERA $9,465.89 000211E PR FED/FICA $11,025.70 000212E PR MN Deferred Comp $1,125.00 000213E PR STATE OF MINNESOTA $2,289.39 000214E FARMERS STATE BANK OF $20.00 000215E DELTA DENTAL $2,449.40 000216E ACCLAIM BENEFITS $2,408.26 Total E-Checks $28,783.64 PAYROLL CHECKS March 28.2008 — April 10.2008 020163 SKREEN, FRED $54.95 020164 VIEAU, CECILIA M. $1,074.58 020165 JOHNSON, DANIEL $230.87 Total Payroll Checks $1,360.40 PAYROLL DIRECT DEPOSIT March 28.2008 - April 10.2008 501151 SMITH, CAROLYN A. $229.62 501152 ADAMS, CHAD M. $2,566.85 501153 SCHERER, STEVEN T. $1,808.29 501154 MCGILL, CHRISTOPHER R. $1,698.35 501155 HALL, DAVID M. $1,854.88 501156 DRESSEL, ROBERT P. $1,510.08 501157 BELLAND, EDGAR J. $2,483.10 501158 CONVERSE, KEITH A. $1,929.84 501159 DINGMANN, IVAN W. $1,382.70 501160 BOECKER, KEVIN D. $2,475.32 501161 CAVANAUGH, JOSEPH $230.87 501162 WEIR, ELIZABETH V $230.87 501163 GREGORY, THOMAS $1,908.61 501164 NELSON, JASON $1,895.84 501165 VINCK, JOHN J. $1,447.17 501166 FINKE, DUSTIN D $1,383.32 501167 MAROHNIC, NICHOLAS $528.70 501168 DAY, JEANNE M $1,843.96 501169 DOMINO, CHARMANE $1,237.00 501170 WUNSCH, JODI M $1,170.81 501171 LEUER, GREGORY J. $1,614.96 501172 CROSBY, THOMAS M. JR $327.07 501173 LANE, LINDA $1,206.96 501174 JESSEN, JEREMIAH S $1,087.78 501175 KLAERS GROTHE, ANNE M. $594.52 501176 BENETTI, TIMOTHY $2,008.00 501177 MCKINLEY, JOSHUA D $477.00 501178 ANN, KIMBERLY $540.60 501179 BARNHART, ERIN $1,280.30 501180 PORTINEN, TERI $1,213.43 501181 VIEAU, CECILIA M. $1.00 Total Payroll Direct Deposit $40,167.80 Medina City Council Meeting Minutes April 15, 2008