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..."
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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