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HomeMy Public PortalAbout12/18/07 CCM497 MEDINA CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2007 The City Council of Medina, Minnesota met in regular session on December 18, 2007 at 7:03 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Smith, Weir, and Johnson. Members absent: None. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, Planning Director Tim Benetti, Finance Director Jeanne Day, Public Works Foreman Steve Scherer, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA It was requested to add item a consideration of a resolution of death for Don DesLauriers to the New Business; the extension of filing the plat for the Tuckborough and publication by title and summary for the Xcel Energy ordinance to the Consent Agenda; and economic development committees to the Mayor and City Council Reports. Moved by Weir, seconded by Johnson, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the December 3, 2007 Truth in Taxation Meeting Minutes It was noted on page 8, the third paragraph, it should state: "Weir stated the prices of homes have stayed higher in Medina based on a real estate analysis she has reviewed." It was noted on page 8, the seventh paragraph, it should state: "Adams explained...He 'explained that taking the tax rate times a properte property's tax capacity..." It was noted on page 10, the third paragraph, it should state: "Lisa James, Medina Momingside, stated the City has net -no control..." Moved by Smith, seconded by Weir, to approve the December 3, 2007 Truth in Taxation meeting minutes as amended. Motion passed unanimously. B. Approval of the December 4, 2007 Regular City Council Meeting Minutes It was noted on page 3, the fifth paragraph, it should state: "Cavanaugh stated at this stage he isn't interested in the City taking back any roads." It was noted on page 3, the thirteenth paragraph, it should state: "Weir inquired about excluding Hamel Road 4944 from the speed study..." Medina City Council Meeting Minutes December 18, 2007 498 It was noted on page 4, the sixth paragraph, it should state: presented a packet..." It was noted on page 5, the ninth paragraph, it should state: stated estimated it would be..." "Jessica Cook.. She stated "Smith inquired...Crosby It was noted on page 8, the fifth paragraph, it should state: "Crosby stated...needs to be something to break up the undifferentiated end of the building." It was noted on page 9, the first paragraph, it should state: "Smith stated there isn't very much room on the street after factoring in the driveway." It was noted on page 9, the fifteenth paragraph, it should state: "Crosby stated he would like to know what the number is for the such affordability is for curc." It was noted on page 11, the second paragraph, it should state: "Weir stated she spoke with Darrel Farr and he has stated he is very encouraged about proposed work being done on the street." It was noted on page 11, the eleventh paragraph, it should state: "Crosby stated he is concerned about the paying for an expensive project and then not having a developers come." Moved by Weir, seconded by Smith, to approve the December 4, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. C. Approval of the December 10, 2007 Special City Council Meeting Minutes Moved by Johnson, seconded by Weir, to approve the December 10, 2007 special City Council meeting minutes as presented. Motion passed unanimously. V. CONSENT AGENDA A. Authorize City Administrator to Release Claims B. Approve 2008 Tobacco License Renewals C. Approve Plans and Specifications for Well No. 7; Authorize Advertisement for Bids; Schedule Bid Opening of 11:00 a.m. on January 16, 2008 at Medina City Hall D. Approve Revised Hamel Community Building Operating Policy E. Approve Rental Agreement for Hamel Community Building with Jazzercise, Inc. F. Approve Addendum to Recording Secretary Service Agreement G. Set/Reschedule 2008 City Council Meetings H. Approve Bonestroo as consultant City Engineer and Rate Schedule for 2008 I. Approve Kennedy & Graven as Consultant Legal Counsel and Rate Schedule for 2008 J. Approve Tallen & Baertschi as Prosecuting Attorney and Rate Schedule for 2008 K. Approve Landform as Consultant Planner and Rate Schedule for 2008 Medina City Council Meeting Minutes December 18, 2007 499 L. Approve First Amendment to Development Agreement with Charles Cudd, LLC for Bridgewater at Lake Medina M. Accept Donation from Thomas M. Crosby Jr. and Allocate to General Fund N. Resolution Granting Final Plat Approval for Property Located North of Navajo Road and Generally East of Tamarack Drive O. Approve Development Agreement By and Between the City of Medina and Tuckborough Ridge Development, LLC P. Resolution Granting Extension of Time to File Final Plat for Tomahak Acres Amending Resolution 2007-38 Q. Resolution Authorizing Publication of Ordinance No. 434 by Title and Summary Moved by Smith, seconded by Weir, to approve the consent agenda as amended. Motion passed unanimously. VI. PRESENTATION A. Swearing in Ceremony for Deputy Clerk Jodi Wunsch Adams introduced Jodi Wunsch and stated the various functions of the Deputy Clerk job description. He explained that in the position of Deputy Clerk she will have some signatory duties. He swore Wunsch in as Deputy Clerk. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda There were none. B. Park Commission Ann Thies, Park Commissioner, stated they will continue to update the trail study and determine the type of fountain for Hamel Legion Park. C. Planning Commission Jeff Pederson, Planning Commissioner, stated at the previous meeting they discussed the comprehensive plan and recommendations were made that included changing the use for the Mike Leuer property from mixed use to commercial and a study for the stoplights at Tamarack Crossing and Clydesdale Crossing. He stated there was concern about the trails on the Seeland property. He stated some residents wanted their properties placed in different wetland categories. He stated there was a presentation for a memory care center and the noted the concerns were the architecture; inappropriate zoning; inadequate parking, an additional driveway; and a fire access road. He stated the wetland ordinance and animal assisted therapy ordinance as a CUP were tabled. Weir stated there was a recommendation for 500 Hamel Road. She stated the land owner would like it to be zoned mixed use and the Planning Commission recommended it be zoned mixed use. VIII. OLD BUSINESS A. Hamel Road Reconstruction and Streetscape Medina City Council Meeting Minutes December 18, 2007 500 1. Tax Increment Financing and Special Assessment Analysis- Ehlers & Associates 2. Feasibility Report 3. Schedule Public Improvement Public Hearing 4. Authorize Preparation of Plans and Specifications Crosby stated this was discussed earlier at a work session and at the previous Council meeting. He stated there may be a public hearing on January 15, 2008. Cavanaugh recused himself from the discussion since he is a property owner in the project area. Kellogg stated the limits of the project would be from Brockton to Hunter Drive. He stated the City found there is little structural subgrade; the sanitary sewer and water main were built in 1967; and the existing structure is nearing the end of its life cycle. He stated when reconstructing the roadway it would be prudent to replace the utilities. He stated there was an analysis conducted on the properties in the TIF district. He stated they have looked at some streetscape projects and placing the utilities underground. He stated they have looked at two options for the report and the difference in cost is about $800,000. He stated the Council has discussed various ways to fund the project. Crosby stated the Council is considering tax increment to pay for the bonds. He stated the Council has been discussing the risk to the City for a tax increment. Johnson stated it would be important to receive feedback from the residents about burying the utilities. Weir inquired if they would like to discuss the percentage of assessment. Adams stated the percentage needs to be discussed and the area to be assessed needs to be assigned. He stated the Council needs to propose either including or excluding the cost for burying the utilities. Batty stated there will need to be a published notice and a mailed notice to everyone who will potentially be assessed. He stated the notice will need to include an estimate of the cost for the project. He stated to keep the options open the Council could include the most expensive option. Smith stated she would like to have the more expensive option available with the potential of removing it. She stated she is not in favor of a 40% assessment. Weir stated she would prefer to go with a 20% assessment. Johnson inquired about a situation where there would be a 20% assessment and a TIF and then falling short of the revenue. He stated his assumption is that the Council could use funds from the general fund to cover a shortfall. He stated it is in the best interest of the community to have an attractive Uptown Hamel. Batty stated it would need to be funded by the general fund if the sources of revenue were inadequate. Medina City Council Meeting Minutes December 18, 2007 501 Crosby stated the projection doesn't show any anticipated inflation and does show the completion of the Ferrelgas site. Johnson inquired about what would happen if they included 3% for inflation. Crosby stated in the highest year it would be about $50,000. Weir stated that since the sewer needs to be addressed they could use some of the sewer funds. Crosby stated the sewer is assumed in the cost. Crosby stated he thinks there should be a public hearing on January 15 with details about the project with the calculations for a 20% and 30% tax increment. He inquired if the Council needs to identify the boundary. Batty stated the feasibility report shows a suggested area. Weir stated the boundary seems clear. Batty stated the published notice will be in the paper and the mailed notice needs to be sent to everyone in the physical boundaries the City is thinking of assessing. Weir stated it includes the houses on the west, south end which aren't in the TIF district, but they would benefit. Smith stated the houses should be included. Johnson inquired if there will be samples of streetscapes. Adams stated authorization of the preparation of plans and specs will allow Bonestroo to begin to put together visuals. Johnson stated it would be helpful for the public hearing to have a sample streetscape. Batty explained the resolution. Moved by Weir, seconded by Smith, to approve the resolution accepting the Feasibility Report for Hamel Road Reconstruction Project and Calling for Public Hearing on Construction of the Improvement, as recommended. Motion passed unanimously (Cavanaugh recused). Batty stated that absent of a qualifying petition, the only way the project can be ordered is by four of the Council members voting for the project. Adams inquired if there needs to be direction to initiate the petition process to get a simple majority. Batty stated that if there is a 35% petition, it becomes a qualifying petition that would require 3 of the Council members votes. Weir inquired if they need to have Staff initiate the petition process if all of the Council members will be present for the meeting. Medina City Council Meeting Minutes December 18, 2007 502 Smith inquired if the Council will vote for the project assuming the residents are in support of it. Johnson stated at a public hearing a small subset of people will come. He stated the value of having a petition signed is that everyone will be notified of the project and it will be documented. Adams stated it may be helpful for the public to drive the petition. Crosby stated he will probably vote in favor of the basic plan unless there is a lot of objection. Weir inquired if it will be difficult to get a petition done since some of the owners are absent. Johnson stated the petition creates a public record of comment and support. Adams stated the petition can be initiated by the public. Johnson stated if the increment is insufficient and a shortfall of the general funds is needed, it would be nice to know the people who are affected are in support of the project. Adams stated having a meeting with a few land owners and explaining the project to them will give them the information they need and they could pursue a petition. The Council concurred that it would be beneficial to meet with some of the land owners to discuss the petition process. B. Resolution Recognizing Trunk Highway 55 From Plymouth to Rockford Concept Plan Crosby stated this item was previously discussed and the issues that would affect the City. He stated it was requested to find out what Rockford and Plymouth are doing with the resolution. He stated he likes the format of the resolution for Rockford. Adams stated the Rockford resolution emphasizes the issues with the project. Smith stated she would like to add that the project will have no negative environmental impact on Elm Creek. Adams stated that statement would clarify the City's position on preserving Elm Creek. Weir concurred that the statement should be included. Crosby stated he would like to add the following language "study ways to lesson adverse impacts to the businesses adjacent to TH 55 affected by the plan and consideration of ways to reduce the uncertainty resulting from plans for construction anticipated to take place as late as 2030" to the resolution. Medina City Council Meeting Minutes December 18, 2007 503 Cavanaugh stated MnDOT made a point to state that there would be fair market value paid to land owners if the land would need to be taken. Crosby stated the resolution could state "Confirmation of the fact that, to the extent property is taken by eminent domain, the compensation would reflect values at the time of taking and would not be adversely affected by the City's conceptual approval of this plan." Reg Pederson, Highway 55 Rental, thanked the Council for listening to the concerns from the business community. He stated he hopes the support continues. Moved by Johnson, seconded by Weir, to approve resolution Recognizing Trunk Highway 55 from Plymouth to Rockford Concept Plan Concurrence as amended. Motion passed unanimously. IX. NEW BUSINESS A. 2008 Budget 1. Ordinance Amending Fee Schedule- Public Hearing Adams stated the memorandum he provided included some changes to the fee schedule. Crosby stated one change includes an increase in the cost of purchasing a copy of the comprehensive plan to $100. Smith stated it will be available online. Adams stated people can come to City Hall to buy a copy of a map and not the whole plan. Cavanaugh stated it needs to be easy to use on the intemet. Crosby stated another change in the budget is an increase in cost for the deposits for concept plan reviews, conditional use permits, rezoning applications, and grading permits. Cavanaugh inquired about a situation that arose from the wetland delineation and the cost of appealing it. He stated the cost may be unfair if the City is anticipating that there may be some problems. Adams stated the costs of the appeal shouldn't be born by the taxpayers. Cavanaugh inquired about the result of the initial appeal. Benetti stated in the first situation there was a significant change because the WSB consultant was not aware of the recent delineation and based their data on the Hennepin County map. He stated after verifying it in the field the consultant made the change. He stated they checked out the Tuckborough project and their delineations were very close. Cavanaugh stated he is concerned because there was a problem right away. He inquired if there was a change in function. Benetti stated there was a change in function. Medina City Council Meeting Minutes December 18, 2007 504 Smith inquired if it was a property that WSB wasn't allowed on. Benetti stated WSB was allowed on it. Crosby inquired if the money was a deposit or a fee. Adams stated the wetland delineation was made a part of an application and it will trigger more necessity to change the functions and values. Benetti stated the updated wetlands report could be used to determine if the functions and values are accurate. Crosby stated this issue is likely to come up with a building permit or a site plan. He stated it is unlikely to come up as an independent appeal. Smith stated if there are more discrepancies as they go forward, they could change the fee. Crosby stated they could change the fee if they find they are egregiously wrong. Cavanaugh stated that if the determination is wrong, then the City would assume the cost. Crosby stated if the City is materially wrong, the fee will be waived. Adams stated he questions what materially wrong means because the information was based on the Hennepin County map. Smith stated the data on the map was correct at one time. Adams stated it could be done on a case by case basis. Crosby stated there were changes for the cost of DVD's/CD'sNHS's/Audio to $30 per item; increases in sanitary sewer rates; increases in water user rates; increases in water connection fees; increases in SAC rate; and a revision of the penalty for unpaid utility bills. Johnson inquired about the increase in the water rates. Adams stated they have done a water rate study for the Hamel system and would like to do further analysis in 2008. Crosby stated there is a change in the event security rate. Smith inquired about the difference in rates for event security for a holiday and a non - holiday. Belland stated the rate only includes the wage. Cavanaugh inquired how it compares to other cities in the area. Belland stated it is consistent with Orono and Plymouth. Public hearing opened at 8:13 p.m. There being no further input, Crosby closed the public hearing at 8:13 p.m. Medina City Council Meeting Minutes December 18, 2007 505 Day clarified that the sewer rate increase is 8%. Cavanaugh inquired about the license for septic systems. Adams stated he thinks it is for putting in a septic system. Crosby stated it might be for the authorized suppliers of septic systems. Smith stated it would be good to have a list of suppliers. Moved by Smith, seconded by Johnson, to approve the Ordinance Amending Fee Schedule, as requested. Motion passed unanimously. 2. Resolution Authorizing Publication by Title & Summary of Fee Schedule Ordinance Moved by Smith, seconded by Johnson, to approve the Resolution Authorizing Publication by Title & Summary of Fee Schedule, as requested. Motion passed unanimously. 3. Subsequent Hearing- Resolution Approving 2007 Tax Levy, Collectable in 2008 Adams stated the budget reduction results include a 10% increase in the budget, revised tax levy at 12.73% increase, and a subsequent tax rate of 15.43%. He stated there were cuts in the environment and storm water funds; operation funds; capital projects/programs; fire transfer; and equipment transfer and the risks/effects of the cuts. Crosby inquired about an equipment certificate. Day stated equipment notes are sold through independent banks, the interest rates are usually higher than bonding rates, and they are typically for 3 to 5 years. Crosby inquired if it is common for cities to use equipment certificates. Day stated it is becoming more common for items that don't have long term lives. Batty stated many cities sell one bond per year. Weir inquired if it is more expensive. Day stated it is. Crosby inquired about the cost of a tandem truck. Scherer stated it is about $170,000. Crosby inquired if there are any expensive items scheduled for 2009 for public works. Johnson inquired about the useful life of the trucks. Scherer stated they would like to have the trucks be on a ten year rotation. Crosby inquired if they were determining now if they wanted to use the equipment certificates. Adams stated it would be discussed prior to purchasing the equipment. Crosby stated he assumes that it would be possible to have a certificate for part of the cost. Day stated she didn't think the City could, but she could check into it. Medina City Council Meeting Minutes December 18, 2007 506 Crosby inquired if there are any items that are different from the work session on December 10, 2007. Adams stated the Council didn't want to see any negative fund balances, but there might still be one in the road program. Day stated there would be a change in the negative balance, but there would be $60,000 in the balance. Crosby stated they are considering a bond for the road improvements. Day stated the equipment fund will also deplete the fund balance. The public hearing was opened at 8:27 p.m. Bob Franklin, 2819 Lakeshore Avenue, congratulated the Council on moderating the budget. He stated deferring Staffing and projects builds in a higher level for the following year. He stated the figures suggest a lot of road maintenance costs. He stated the needs should be prioritized for the years to come. He stated an increase in Staff, equipment, standards for smaller streets, and other ways to get labor should be looked at. He stated this information would be helpful for the voters. He stated the City needs to look at the growth that has happened in the previous 7 years and where it is going. He stated fiscal implications need to be a larger consideration. Crosby stated the City has spent more than $15,000 on the roads and additional funds came from transfer funds. He stated participation and education are important when looking at the future budget. Smith stated people don't understand how City government works. She stated some of the concerns raised should be addressed and explained. She stated they could create a list of how the roads are prioritized. Crosby inquired about the number of wells in 2000. Scherer stated there were 3 wells in 2000 and now there are 7 wells. Weir stated they tried to get a citizen's leadership academy started as a way to engage the public. Adams stated there were 2 people who signed up. Weir inquired how they can engage the residents. Crosby stated he thinks the City has gotten their notice. Moved by Johnson, seconded by Weir, to close the public hearing at 8:36 p.m. Motion passed unanimously. Moved by Weir, seconded by Smith, to approve the Resolution Approving 2007 Tax Levy, Collectable in 2008, as requested. Motion passed unanimously. 4. Resolution Approving 2008 Budget Moved by Weir, seconded by Smith, to approve the Resolution Approving 2008 Final Budget, as requested. Motion passed unanimously. Medina City Council Meeting Minutes December 18, 2007 507 Smith thanked Staff for their work on the budget. Crosby stated he would like a communication with the citizens about the tax issues and the process. B. Delinquent City Charges Appeal- Dennis Potebaum Adams stated Dennis Potebaum sent an email stating he wouldn't be able to attend the meeting. He stated Potebaum contends that there was misinformation. He stated the application came to Staff, but not the Planning Commission or Council. He stated the land application was never completed because there were some materials missing. He stated Staff found no errors in the course of review of the project. He stated it was assessed against the property and part of the dispute is because the property owner is trying to have the developer pay the fees. He stated the landowner or the developer can pay the bill by December 31, 2007 and it will be removed from the tax rolls or it will be on the tax rolls for the next year. Crosby inquired if Kellogg thinks the charge is appropriate. Kellogg stated he thinks there is a misunderstanding with the applicant in regards to the road. He stated the understanding was that the property owner was to develop the road to the west. Crosby clarified that Adams and Kellogg find the charges to be appropriate. Weir inquired if there was a written agreement for building the road. Batty stated the expectations were in the developer's agreement. Cavanaugh inquired how the City can have a system to protect the land owners and residents from situations where developers run up a bill. Adams stated Staff has discussed developing a manual or a handbook that would outline the expectations for developers. Cavanaugh inquired if the bills are billed monthly and if the land owners are copied on it when it is sent to the developer. Day stated the land owner or the developer have the choice of where the bills are sent. She stated in this situation the bills were sent to the developer. Crosby stated there could be an option to have the bill sent to both parties. Adams stated there could be multiple land owners. Crosby stated it increases the risk when there are a multiple people who would receive the bills. Cavanaugh stated he understands the risk, but this one is a problem and a cemetery has been a problem. Adams stated they have done some things to protect the City through the use of deposits and letters of credit. Medina City Council Meeting Minutes December 18, 2007 508 Cavanaugh stated he sees problems arising when developers act on behalf of the land owner without the financial responsibility. Johnson stated it is similar to a lien notice. Day stated the land owners are signing off on the original agreement saying that they are fully aware that the costs are going to be incurred. Batty stated the problems are from situations where the developers have made applications, but then decided to walk away. He stated land owners need to be certain that they reach an agreement that the developer will not walk away. Smith inquired if it is the City's responsibility to be sure the land owners are protected. Batty stated in his opinion it isn't. Smith stated she likes Adams' suggestion of a handbook for the developers. Adams stated they can give the option to receive copies of the bills on the application. He inquired if there is consensus to include that option. Crosby stated it should be written clearly. C. Concept Plan Review- Darrel A. Farr Development Corp. Senior Assisted Living/Memory Care' Center and Office- Condominium Development at 22, 36, and 42 Hamel Road Benetti presented the concept plan for a memory care center. He stated the proposal includes a 4 story building, two 2 story office buildings, 40 parking stalls, and an access road for a loading bay. Crosby inquired if the loading bay is at a level for an underground parking garage. Benetti stated the developer would not like to have an underground garage due to the expense. Benetti stated the site is 1.8 acres. He stated the proposed use includes a restaurant and 18 of the parking stalls would be allocated to the restaurant. He stated there is some street parking and the VFW would allow for parking in their lot. He stated this type of use is not allowed in the Uptown Hamel zoning district. He stated it would require a waiver. He stated the Planning Commission thought the development was cramped; was pleased with the architecture, but would like the 4 story building to have the same architecture on all sides; was concerned about the height of the 4 story building; would like guarantees on the shared parking arrangements; and there was encouragement to provide some underground parking. Carl Runck, project manager for Darrel Farr, stated their projects have been focused on development for seniors. He stated Farr Development has done over $7 million in Uptown Hamel. He provided several pictures of developments done by Farr. He stated the elevation at the proposed project site is relatively flat. Medina City Council Meeting Minutes December 18, 2007 509 John Rova, Miller Hanson Partners representative, stated the building is being planned with 7 households or "neighborhoods" with 9 people in each neighborhood. He stated it is being done in a way to resemble homes. Runck stated memory care is a residential facility with a focus on early to late stages of Alzheimer's, one trained staff member cares for each neighborhood, residents don't drive, and residents usually require no assistance with eating or using the bathroom. He stated the current plan for parking includes 40 park spots, 10 parking stalls in the street, and an agreement with the VFW for overflow parking. He stated the peak demand for parking would be for 64 cars during the weekdays and 31 cars during the weekends. He stated another issue is the fire truck access and they are working with MetroWest to address the safety issues. He presented an altemative plan for two entrances and a fire lane wrapped around the back of the memory care center. He presented an alternate plan that increases the parking stalls to a total of 63 stalls. He stated this development will increase the tax base in Uptown Hamel and provide additional jobs. Crosby inquired about who would operate the memory care facility. Runck stated it will be managed by Farr. Crosby inquired if it is a licensed facility. Runck stated it is licensed by the State. Crosby inquired if the memory care facility is a single purpose building. Runck stated it is a single purpose building. Crosby inquired about the space under the memory care facility. Runck stated the space under the building is for the trash enclosures and cost of underground parking is about $20,000 per stall. Crosby inquired if there would be binding agreement with the VFW for parking on their property. Runck stated there would be a formal agreement. Johnson stated building a multilevel parking deck is $20,000 per stall and it is less for underground parking. Crosby stated he would like to see the basement roughed out for underground parking. Smith stated it would be nice to have underground parking for staff. Johnson stated it could be used for staff and then the rest of the parking would be freed up for the office building and restaurant. Weir stated she is uncomfortable with parking on the property next door that is in a different jurisdiction. Crosby stated there could be a binding parking agreement. Smith stated one of the things they have discussed is having shared parking in Uptown Hamel. Weir stated this isn't technically Uptown Hamel. Medina City Council Meeting Minutes December 18, 2007 510 Crosby stated it isn't uncommon to have an agreement that would be for 20 or 30 years. Smith inquired about how much additional parking is needed. Benetti stated the use is about 20 spaces for the memory care facility, 32 spaces for the office buildings, and 16 to 18 spaces for the restaurant. Weir inquired how easily the building could be adapted to a condominium use. Rova stated he didn't think it would be very adaptable. Weir stated she is thinking of another development where the City allowed fewer parking stalls because it was senior housing and then the housing didn't sell and it became a condominium. Rova stated if the memory care would fail, then it would be most adaptable to assisted living. He stated the units are a room with a bathroom. He stated parking under the building requires a width of 62 feet and the proposed width of the building is 50 feet. He stated they wouldn't be able to have parking underneath with a drive lane and parking on both sides. Crosby inquired if it would be possible to have one lane and one row of parking underneath. Rova stated the cost would be increased. Smith inquired about the air quality if there was parking underneath. Rova stated it would need to be ventilated. Johnson inquired about the number of handicap parking spaces. Benetti stated he wouldn't be worried about those details on this plan. Johnson stated handicap stalls generally are unused and would further constrain the number of available parking stalls. He inquired about the setbacks for the buildings. Smith stated there is a zero setback in Uptown Hamel. Johnson stated he doesn't care for buildings being right next to sidewalks. Crosby inquired about the Council's thoughts on the use. Smith stated she likes it. Johnson stated he doesn't think it is the best use. He stated he is concerned that it won't create a residential hub. Weir inquired if the residents would count towards the density. Benetti stated he isn't sure and it is unclear in the Met Council's standards. He stated technically it is more of a commercial facility because it is more of a transitional use. Crosby stated they should be able to get an interpretative call to determine if it can be used to meet the density. Weir stated in the alternative plans the porch is gone to allow for the road. She stated the drawings are attractive. She stated her concern is the tightness of the parking and the need for fire access. She stated the City's building code doesn't allow for EFIS. Medina City Council Meeting Minutes December 18, 2007 511 Runck stated one of the plans eliminates one of the office buildings and increases the parking to 45 stalls. Cavanaugh inquired how park dedication fees would be captured. Adams stated if it is based on commercial use, then it would be 10 percent of the commercial value. Cavanaugh stated he has some similar concerns as Weir. Smith stated she thinks this type of facility is needed and doesn't mind it being in Uptown Hamel. She stated she thinks they can work out the parking issue. She likes the office buildings on either side of the restaurant. Crosby inquired about the importance of upgrading Hamel Road. Runck stated it is important and they are in favor of streetscape improvement. Crosby stated he is concerned that the Farr organization may decide to sell or donate the memory care facility to a non-profit organization. He stated that in the future he may want to request that payments in lieu be made to the City if the situation were to arise that the memory care facility were to be donated or sold to a non-profit. He stated he is concerned about the parking calculations for visitors. Runck stated the amount of visitors peaks during the holidays and there aren't very many visitors during the normal week. Crosby stated he likes the plans for the building. He stated it is important that the residents count toward the density. He stated he would want an agreement with the VFW for the parking. He stated he thinks the City needs to find out how the Met Council would view counting the residents in the density. Johnson inquired if a studio apartment would be considered a unit from the Met Council perspective. Crosby stated it would be. Weir inquired about the process for the applicant to move forward since this use is not currently an allowed use in Uptown Hamel. Benetti stated they would need to submit for a zoning amendment for the Uptown Hamel district. He stated it could be done prior to the site plan or simultaneously. Weir stated she is concerned that since it is residential there will be a requirement for underground parking. Crosby inquired about the monthly fees for the residents. Runck stated he isn't sure at this point. He stated other facilities range between $2,000 and $5,000. Cavanaugh stated he would like to have the zoning agreement and the site plan be done in conjunction. D. Planning Commission Appointments Weir stated the Planning Commission panel met with 4 applicants. She stated the panel recommends Victoria Reed to a 3 year appointment and Jim Simons to a 2 year appointment. She stated Doug Dickerson applied, but could only commit to a 1 year Medina City Council Meeting Minutes December 18, 2007 512 appointment. She thanked Dickerson on behalf of the Council for his work. She stated Beth Neilson applied and the panel is thinking of finding out if Neilson is interested in applying for the Park Commission. She stated Michelle Litz will be reappointed for 3 years. Cavanaugh inquired about the length of time the applicants have been residents in Medina. Weir stated Simons has been a resident since 2001, Reed has been a resident for 3 or 4 years, and Neilson for 30 years. She stated it was a hard decision to make. Cavanaugh stated Dickerson brings a lot of knowledge and is familiar with the issues. He stated even if he is only able to commit to 1 year he should be appointed. He stated Beth Neilson has been a long term resident and is very interested in the community. He stated Smith had previously been interested in putting it in a vote. Smith stated she has trouble with someone not fulfilling a term. She stated there was an interview process and is willing to go with the recommendations. Moved by Smith, seconded by Johnson, to appoint Victoria Reid for a 3 year appointment, Jim Simons to a 2 year appointment, and Michelle Litts for a 3 year reappointment, as requested. Motion passed unanimously. E. Park Commission Appointments Adams stated there are two open seats and Madeleine Linck is the only one person who has applied. He stated there will still be a remaining open seat. He stated the Park Commission will be discussing recruitment methods. Moved by Smith, seconded by Weir, to appoint Madeleine Linck to the Park Commission, as requested. Motion passed unanimously. F. Don DesLauriers Crosby stated he received a communication from Randy Mayer about death of Don DesLauriers He stated he served on the Council for six years, the volunteer fire department for 52 years, and the Hennepin County rescue squad. He stated DesLauriers received many awards and was active in Hamel Legion Park. Moved by Weir, seconded by Johnson, to adopt a resolution to commemorate Don DesLauriers. Motion passed unanimously. X. CITY ADMINISTRATOR REPORT A. Hamel Community Building- Donation of Display Case Adams stated the Hamel Lions would like to donate a display case for about $10,000. He stated the understanding would be that it would be done under City supervision with volunteer labor from the Lions. He stated the display would be for City items, Lions items, and items for the community. Moved by Smith, seconded by Weir, to accept the donation of the display case, as requested. Crosby stated he would like a program to be sure that the display case is maintained. Medina City Council Meeting Minutes December 18, 2007 513 Adams stated they could add this to the current agreement with the Lions. Motion passed unanimously. B. Fire Services Agreement with City of Maple Plain Adams stated they have not come to an agreement with Maple Plain. He stated the City proposed a cost of living increase of about 3% and the proposal is for $4,500 per year for fire services. He stated Maple Plain initially proposed it as $17,000. Crosby inquired about the area Maple Plain serves. Adams stated they serve the Sycamore area, some properties adjacent to Baker Park, and some commercial businesses. Belland stated Maple Plain has a separate contract with Baker Park. Adams stated the City needs to receive authorization for emergency services if they are needed. Crosby inquired if emergency services includes anything other than fire. Adams stated it is for fire services. Crosby inquired if Loretto or Long Lake would be willing to step in temporarily if Maple Plain ends the services on December 31 st. Adams stated they are willing. Johnson stated they have discussed consolidating and this could be used as an opportunity to consolidate. Adams stated some residents may be concerned about the change in response time. Weir stated she would like the residents to be able to comment on discontinuing the service from Maple Plain. Adams stated he thinks it will be more affordable, but they haven't talked with Long Lake and Loretto about a permanent contract for services. Belland stated as they move forward with the fire planning there may be hard feelings if people are cut out of the contract. He stated if those people are cut out, it cuts out the number of potential fire fighters in that area. Crosby inquired if there is a way to quantify the rates they are being charged. Adams stated some analysis was done a few years ago. Belland stated the calculations show that working with Loretto and Long Lake benefit Medina. Weir inquired if Long Lake could adequately serve the area south of the railroad. Belland stated they serve the property next to it. Medina City Council Meeting Minutes December 18, 2007 514 Crosby inquired about the other places Maple Plain provides services. Belland stated they serve Independence, Maple Plain, Medina, and Three Rivers Park. Adams stated Maple Plain has considered an alternative option, but the City needs more information before they would be willing to accept it. Johnson stated the residents have spoken their thoughts about increases in the budget and he thinks the Council needs to respond similarly on this issue. Smith stated the City is not operating on tax value. Adams stated two of the contracts are based on market value and fire calls. Johnson stated he would like Staff to consider all alternatives and find out the per unit cost. Crosby inquired about the fee to Long Lake. Adams stated it is about $18,000. Belland stated the area they cover is from Tamarack to Homestead to CR 24. Smith stated she thinks they should tell them Maple Plain they provide good service, but Medina can't in good in conscience have that big of an increase. Adams stated Maple Plain initially proposed $17,000, but they are now down to about $8,000 or $9,000. Belland stated they are trying to equal it out between Maple Plain and Independence, but the issue is that the City doesn't have an ownership share in the fire department. Smith inquired if they should pay a little more. Adams stated they should, if they want an ownership share. Adams clarified that Staff should look at all options and has some authority to be sure there is adequate coverage after January 1, 2008. C. Assistant to City Administrator Appointment and Job Description Adams stated this position is a senior level administrative position not a department head. Moved by Smith, seconded by Weir, to approve Jodi Wunsch as the Assistant to City Administrator and the Job Description, as requested. Motion passed unanimously. D. Public Works Superintendent Appointment Adams stated the recommendation is to appoint Steve Scherer as the Public Works Superintendent. Moved by Johnson, seconded by Weir, to approve Steve Scherer as the Public Works Superintendent, as requested. Motion passed unanimously. Medina City Council Meeting Minutes December 18, 2007 515 E. Public Works Foreman Position- Post Internally Adams stated with the promotion of Scherer there is a vacancy in the Public Works Foreman position. Moved by Weir, seconded by Smith, to approve the post internally for the Public Works Foreman Position, as requested. Motion passed unanimously. F. Associate Planner Job Description and Job Search Adams stated the recommendation is to post internally. Weir stated the applicant's experience should include open space planning and LID. Moved by Weir, seconded by Cavanaugh, to approve the Associate Planner Job Description and Job Search and to post internally, as requested. Motion passed unanimously. Johnson inquired about the drug testing policies. Adams stated there is random drug testing for the public works facility employees. Belland stated everyone is drug tested for police. Crosby inquired if there is follow up for the police. Belland stated that they can do a follow up check based on suspicion. He stated it is regulated by the union contract. Johnson inquired if the right to do the testing is disclosed to employees. Day stated it is in the personnel policies under the suspicion, for public works it is in the job description for random testing, and for police it is in the union contract. Crosby inquired if background checks are conducted. Adams stated there are criminal background checks, fair credit checks, and reference checks. XI. MAYOR & CITY COUNCIL REPORTS Cavanaugh stated there has been some discussion about starting an economic business group and if they could direct Staff to come back with some options. Crosby stated he is planning to conduct some forums for the business people. Smith stated Staff needs to get through the comprehensive plan. Adams stated he is planning to have a presentation with options at the February 2, 2008 meeting. Weir stated there are people interested. She stated she would like to consider changing the sign ordinance for 4 sided buildings to allow for advertising. Cavanaugh stated he agrees, but there should be requirements about the lights because of nearby residences. Weir stated it could be discussed at the work session in February. Medina City Council Meeting Minutes December 18, 2007 516 Crosby stated someone could call them to notify them that they are thinking of changing the ordinance. Weir inquired if Wunsch has had the ability to get a second bid for decorating at the Community Building. Adams stated they would like to be able to have the expense in 2008 and that is why the project hasn't moved forward. Weir stated the Highway 55 Coalition has shifted funds for the CR 116 redesign to CR 209 in Wright County. She stated she is the treasurer/secretary for the Highway 55 Coalition. XII. APPROVAL TO PAY THE BILLS Moved by Smith, seconded by Weir, to approve the bills, order check numbers 031788- 031853 for $160,084.88, e-check numbers 000140E-000150E for $29,608.42 and payroll check numbers 020131-020139 and 500937-500962 for $51,341.64. Motion passed unanimously. XIII. CLOSED SESSION: REVIEW OF EMPLOYEE PERFORMANCE Adams stated Smith, Cavanaugh, Crosby, Johnson, Weir, and Adams are entering closed session at 10:05 p.m. to conduct a performance review of the City Administrator Chad Adams. Upon completion of the closed session, the City Council re-entered open session at 11:22 p.m. Mayor Crosby summarized the closed session performance and materials reviewed. He stated that goals were established for 2008 including: 1. Reduction of the number of overall workload goals from previous years. 2. Improve professional appearance of work space. 3. Conduct/coordinate more professional internal staff, workshop, or team building sessions. 4. Review and recommend green/sustainability policies. 5. Review and recommend an affordable housing policy. 6. Continue professional development training/programs. Crosby stated the Council believes Adams has had a good year. XIV. ADJOURN Moved by Weir, seconded by Johnson, to adjourn the meeting at 11:25 p.m. Motion passed unanimously. T.M. Crosby, Jr., Mayof Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes December 18, 2007