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HomeMy Public PortalAbout07/17/07 CCM263 MEDINA CITY COUNCIL MEETING MINUTES OF JULY 17, 2007 The City Council of Medina, Minnesota met in regular session on July 17, 2007 at 7:09 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Smith, and Weir. Members absent: Johnson. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, City Planning Consultant Jennifer Haskamp, Planning Consultant Andrew Gitzlaff, Finance Director Jeanne Day, Office Assistant Jodi Wunsch, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA It was requested to add item Wells Fargo to the Presentations. It was requested to add a discussion about regaining Parkview, Homestead and Hamel Roads as City roads to the New Business. Moved by Weir, seconded by Smith, to approve the agenda as amended. Motion passed unanimously. IV. APPROVAL OF MINUTES A. Approval of the July 3, 2007 Regular City Council Meeting Minutes It was noted on page 2, the tenth paragraph, it should state: "Edward Kodet...Master Plan including an executive summary." It was noted on page 3, the third paragraph, it should state: "Weir inquired if they would employ use a realtor to look for the land." It was noted on page 3, the thirteenth paragraph, it should state: "Nancy Ritt...land use &dee-Witt designation..." It was noted on page 4, the third paragraph, it should state: "Crosby stated...for the comments. Ritt stated that she had read and was familiar with the concept plan from the February 21, 2006 City Council meeting minutes, but would review the Planning Commission meeting minutes from that same time period." It was noted on page 4, the eighth paragraph, it should state: "Sharon Johnson...animal assi tant assisted therapy." It was noted on page 4, the ninth paragraph, it should state: "Crosby...animal assi tant assisted therapy..." Medina City Council Meeting Minutes July 17, 2007 264 It was noted on page 4, the eleventh paragraph, it should state: "Smith...and questioned if the neighbors have sufficient notice." It was noted on page 5, the sixth paragraph, it should state: "Crosby noted that there is an existing easement on to the site Sipe property." It was noted on page 9, the second paragraph, it should state: "Crosby stated ...and ho went to the wine store in the Target complex the day before the grand opening. It was noted on page 10, the first paragraph, it should state: "Crosby...living there. He asked Staff to review the policies on short term rentals." Moved by Weir, seconded by Smith, to approve the July 3, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Resolution Identifying the Need for Funding to Complete Its 2008 Comprehensive Plan Update and Authorizing Application for Grant Funds B. Resolution Granting Extension of Time to File Final Plat - Parkview Knoll; Amending Resolution 2007-27 C. Impose $500 Fine and Conditions on Lii Jax Korner (4355 Hwy. 55) for Tobacco Sale Violation D. Approve Appointment of Anne Mary Klaers Grothe as Part -Time Police Transcriptionist E. Approve Wetland Permit Application for Hamel Station F. Accept Donation from Thomas M. Crosby, Jr. and Allocate to Internship Program G. Accept Donation from Wells Fargo and Allocate to Police Operation Child Identification Program H. Ordinance Adding Section 225 to Medina Code of Ordinances Establishing the Position of City Administrator I. Approve License Agreement with Minnehaha Creek Watershed District Moved by Weir, seconded by Cavanaugh, to approve the consent agenda. Motion passed unanimously. VI. PRESENTATION A. Fire Safety Recognition — Resolution Commending Keegan Kelly Johnson for His Efforts in Relation to a Fire in the City of Medina Belland recognized Keegan Johnson for extinguishing a fire at the Johnson's residence on June 19th. Johnson was given a plaque for his work. Steve Becker, Long Lake Fire Chief, stated they were proud of Johnson's bravery. Medina City Council Meeting Minutes July 17, 2007 265 Moved by Smith, seconded by Weir, to approve the resolution commending Keegan Kelly Johnson for his efforts in relation to a fire in the City of Medina. Motion passed unanimously. B. Donation from Wells Fargo for Medina Police Department Amber Nordmeyer, representative from Wells Fargo, stated they had an open house celebrating their grand opening in Medina, thanked Tom Crosby and Chris McGill for participating in the opening ceremonies, and donated $500 to the Medina Police Department. C. State Senator Gen Olson — Legislative Updates Gen Olson thanked the Council for the opportunity to make a presentation. She gave the City a Legislative Manual commemorative of Minnesota's 150th anniversary of statehood. She stated during the legislative session they worked on establishing the state budget. She stated she worked on the final conference committee, which worked on the E-12 bill. She described the work done on the property tax bills. Olson also stated she worked on the transportation committee and described the work they did. She stated there is a need to evaluate the way the funds are raised for transportation, for example the gas tax and wheelage tax. Olson stated she received an email regarding the density of Medina and the comprehensive plan. She stated in 2003 a Think Tank analyzed the organization and purposes of the Metropolitan Council and provided the Council with the online link to the study. Olson stated it isn't possible to have an elected Met Council. She stated it is important to understand that as property values increase there is additional money put in the budget from the property taxes. Olson offered to meet with the Council to further discuss the Met Council. Crosby stated he has some concerns with the work of the Met Council. Smith stated one of the next steps the Council has discussed is working with the legislatures on the density issues with the Metropolitan Council. Olson explained that the Met Council powers have been expanded to set policy. D. Environmental Green Operation Policy Adams stated the Council adopted a greenhouse gas emission reduction policy in November 2006. He stated it is a broad policy and after the adoption of the policy there was discussion about adopting implementation measures. Wunsch presented the Environmental Green Operation Policy stating there are problems at the state and the local level. Andrew Elbert, Administrative Intern for the City of Medina, stated the purpose of the policy is to create a template for long-term environmental benefits. He stated that adopting environmental sustainability includes assessing sustainable sites, water efficiency, energy and atmosphere, materials and resources, indoor and outdoor environmental quality, and innovation in design. He presented a cost/benefit table of energy efficient products. He stated they found the savings to be significant. He stated their recommendation is to continue to invest in these purposes. Medina City Council Meeting Minutes July 17, 2007 266 Dallas Hansen, Administrative Intern for the City of Medina, stated it is important for the policies to be implemented. He provided examples of policies Medina could implement, such as using permeable surfaces, wind energy, recycling, increasing email use/decreasing paper, and working shorter work weeks during some months. He stated Staff is seeking Council direction to prepare environmental stewardship policies. Crosby inquired about the personnel needed to implement this type of program. Hansen stated it would take consensus from the department heads. Crosby stated it is likely there will be a new Public Works building in the future and it would be a prime opportunity to implement policies. Smith stated that the department heads should hold the Staff accountable and it could be a part of the review process. Crosby inquired about the windows and adjusting the thermostats. Elbert stated these were immediate things that could be addressed. Crosby stated that Staff should look into the thermostats. Weir stated that it is important to think about how long they will be in the current location. She stated she would like them to be more specific about their recommendations for the policies. Smith stated that a Gramercy resident initially brought the issue to the Council's attention. Moved by Smith, seconded by Weir, to direct Staff to develop a policy for the Council's consideration. Motion passed unanimously. Cavanaugh suggested discussing receiving the meeting packets via email. The Council reached consensus to discuss this further at the budget session. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda Michelle Hansmann stated she is requesting support from the City to change Holy Name Lake to Hansmann Lake. She explained the process of changing the name of the lake and reasons to change the name of the lake back to its original name. Crosby stated the issue should be discussed at the Park Commission meeting because the City may be asked for its position on the issue by Hennepin County. He stated he was unaware that it didn't need to come before the City. Kristin Grevich, 2782 Parkview Drive, stated she has noticed an increase in truck traffic on Parkview Drive. She stated she had previously attended a City Council meeting and had been under the impression that the traffic would be diverted to CR 19 and CR 101. She stated she was unaware of the implementation of the truck traffic laws effective July 1, 2007. She stated she feels it is an unfair decision that supports part of Medina, but Medina City Council Meeting Minutes July 17, 2007 267 not all of Medina. She stated she thinks the City could consider purchasing Hamel Road, Parkview Drive, and Homestead Trail to divert the traffic. Richard Haverman, 2782 Parkview Drive, stated the increase in truck traffic and the speed limits aren't safe for foot and bicycle traffic. Crosby stated the trucks weren't prohibited from driving on the other roads, but there was a weight limit implemented. He stated Parkview and Homestead weren't intended to be the alternate routes, but they are County roads. He suggested Adams and Belland look further into the issue for alternatives. Belland stated there has been an increase on Parkview and there have been officers monitoring the area. Smith stated that they will discuss the possibility of changing the roads from County roads to City Roads. Weir inquired if it would be useful to have the residents raise a petition. Cavanaugh stated that he would like to know the costs of taking the roads back as City roads. Crosby stated he would like to know if there are other alternatives. Weir stated they were made County roads due to the landfill. Belland stated the roads were made County roads due to the park. Margaret Buschbom, 1150 Homestead Trail, stated she has been a long time resident in that location. She stated the Council needs to address the issue before there is an incident, especially because of the large number of children in the area. She stated she has heard of the potential of additional building in the area, which will increase the traffic. Amy Alworth, 1602 Homestead Trail, stated there are many children in the neighborhood. She stated she came before the Council concerning the Willow Drive truck traffic petition. She stated the new ordinance states that it would consider land uses of properties abutting the street including residential uses. She noted the speed limit is 20 mph on the curve, but traffic tends to speed. She stated that fixing the problem on Willow Drive caused the issue to move to Homestead Trail. Crosby clarified that all city roads were affected by the truck ordinance. B. Park Commission Gerry Dykhoff, Park Commission representative, stated they completed the review of the comprehensive plan and sent it back to the Comprehensive Plan Committee. He stated they are excited to hear the Staff report on Hamel Legion Park with the memorial plaza, the entrance plaza, and the fire pits. Medina City Council Meeting Minutes July 17, 2007 268 C. Planning Commission Doug Dickerson, Planning Commission representative, introduced Andrew Gitzlaff the Planning Consultant from Landform. He stated the upcoming agenda includes Moen- Leuer subdivision and the ordinance amendment for animal assisted therapy. Haskamp thanked the Council for the opportunity to work with them. She stated she intends to continue working on the comprehensive plan. She stated Gitzlaff has been working with her on the comprehensive plan and the land use plan. Crosby stated they have used Landform as a consultant. He stated they intend to have one or two Planning Staff members employed by the City of Medina. VIII. OLD BUSINESS A. CSAH 19 Regional Trail — West Side Neighborhood Connection Adams stated the Council discussed the Regional Trail this past fall. He stated the possibility of a connection trail was left open. He stated Staff has met with Hennepin County regarding altematives. Chris Sagsveen, Hennepin County Senior Project Manager, introduced Bruce Spanier with Hennepin County and Jonathan Vlaming with Three Rivers Park District who are also working on the project. He stated they have developed three options for the trail. Option one would be an eight -foot wide paved trail from the internal trail system of Baker Park Reserve to the south edge of Ardmore Avenue. Option two would allow for an eight -foot wide paved trail only in Baker Park Reserve up to the north property line of Baker Park. Option three would incorporate an eight -foot wide paved trail in Baker Park Reserve with a six-foot wide sidewalk paid for by the City from the north property line of Baker Park to the south edge of Ardmore Avenue. He noted the deadline this winter for submitting the plans. He stated they are looking for a decision from the Council on which option they would like to move forward on. He explained the various options. He stated they have met with the residents in the area to map out the trail. Smith inquired about the south part of the trail done by Three Rivers Park District. Sagsveen stated there would be an 8-foot trail from the Baker Park property line south. An audience member inquired if the shoulder is presently 10 feet. Spanier stated the paved shoulder is presently 10 feet. Sagsveen stated the second option is the bare minimum that the County would do for the connection. Weir inquired if the park border is on the north side of the creek and if the County would pay for building the trail across the creek. Sagsveen stated it is on the north'side and they would pay to build the trail across the creek. Sagsveen stated option 3 isn't consistent with the federal funding the County has received and if the City were to choose this option, they would need to pay for it. Medina City Council Meeting Minutes July 17, 2007 269 Weir inquired about the implications if the City would put in a simple gravel trail to connect to the County's portion of the trail. Sagsveen stated they would stop the trail at the property line. Weir inquired if a curb and gutter were the best way to deal with runoff and stated the City is looking to slow down the wash off into the nearby impaired lake. Sagsveen stated a possibility is to put in the curb and gutter and a filtration type of ditch to prevent the runoff from entering the lake. Spanier stated that a sump could be used as well. Weir inquired if the City could put in a simpler trail with County's assistance for a curb and gutter resulting in a shared cost. Sagsveen stated the City could benefit from having the County do the design and the permitting process, but the cost would be the City's cost. Cavanaugh inquired about the body responsible for the maintenance. Sagsveen stated that it would the responsibility of Three Rivers Park District up to the property line and the City would be responsible for anything beyond the park. Smith stated she walked the trail recently and noted that it needed repair near the lake, but it wasn't bad to walk in the grass. Weir stated that there are some children who cut through Dockside's parking lot Cavanaugh inquired about the number of houses in Independence Beach. He noted that it is important to provide a connection from that area to the park. Weir stated they don't need a hard surface or a 6 or 8 foot trail, but a 4-foot trail would be adequate. She stated she doesn't think it would cost that much. Cavanaugh stated that cutting the trail to a smaller size doesn't cut the cost in half, but cuts it by a percentage. Crosby inquired about the cost of putting in a curb and gutter. Kellogg stated it would be about $12 or $14 per foot. Smith stated that she thinks the residents have made it clear that they are not in support of the trail proposed by the County. Weir stated she thinks the County should build its trail to the northern border. Smith stated that it isn't a high priority trail in the current trail plan. Cavanaugh stated there are a lot of residents impacted by the trail and they should look for a common ground. Adams stated that at the public hearing there was support from some residents of the trail being implemented on the north side. Medina City Council Meeting Minutes July 17, 2007 270 Crosby clarified that the County would only do the trails on their property. Sagsveen stated that option 2 would be the only option that would solely be on the Three Rivers Park District property. He stated the grant application requested funding for the connection and they received funding based on this. He stated that it could still be considered a connection trail by MnDOT because it leads up to the neighborhood. Crosby clarified that the County will do option 2, but to go further north of that they would need to do an 8 foot trail and it would need to have curb and gutter. Terry Richmond, 2900 CR 19, stated he is in support of a minimal trail and uses the current trail for bicycling. He stated he doesn't see a demand for the trail from the Independence Beach neighborhood. He noted that a better trail may increase the demand. He stated he doesn't want to see Dockside sacrifice their parking area, fences, and property. Crosby inquired if Richmond thinks a path is necessary. Richmond stated he thinks it is, but not a 12-foot trail. Brad Gunn, lawyer from Malkerson, Gilliland &Martin, stated he was speaking on behalf of the Dockside Association. He stated that his understanding is that it hasn't been determined that an 8 foot trail with a 2 foot buffer zone on each side is needed on the east side of CR 19 and it is only being discussed is because the County has offered to pay for it. He stated that regardless of who is paying for it, it is a waste of public funds if it is not necessary. He stated that the larger the bituminous surface used the more runoff that will occur. He noted that the trees that would need to be removed for the trail would impact the property values. He stated they are opposed to the 6 and 8-foot trail and if there is a trail put in place it should be made of crushed limestone or gravel and a maximum of 4 feet. Walter Steinkraus, 2705 CR 19, stated the foresters report for May 25th noted that the trees would be taken out or killed slowly. He noted that there would also be drainage on the properties and it isn't a green project. He stated they would lose thousands of dollars by the removal of the trees and would expect to receive compensation for it. He stated he doesn't think there has been anything done to minimize the impact on the trees. Barbara McMillan, 2705 CR 19, stated the meeting with the City, County, and residents was a good meeting, but the impact of the new options hasn't been assessed. She invited the Council to count the number of people who use the trail and stated that it would be inappropriate to use the federal funding for something that isn't necessary. Robin Reid, 2945 Ardmore, stated she doesn't see a need for the path. She stated it currently provides a rural atmosphere and is lightly used. She stated at this point it is overgrown and not being utilized. She stated she is disappointed that the trail in the park will be paved over. Smith stated she would like to know if it is possible to request the County to not place the trail on the east side of CR 19. Medina City Council Meeting Minutes July 17, 2007 271 Sagsveen stated that not placing the connection would jeopardize the entire grant. Smith stated that any work done along the drip line of the trees puts the trees in danger. Crosby inquired about who owns the property on the east side of the fence. Spanier stated that it was owned by the County. Cavanaugh inquired if they looked at the impact on the trees. Sagsveen stated work would be below the drip line of the trees. He stated the right of way people stated that trees within the construction area would result in compensations, but the trees located outside of the construction area wouldn't result in compensation. Weir stated she would not vote for the 8-foot trail. She inquired if it would be possible for the County to go to the granting authority to see if it would be possible to move forward without the extension to the property line. Sagsveen stated they have asked for the minimum they can do without jeopardizing the federal funds and that is option 2. Moved by Smith, seconded by Weir, to approve Option No. 2, as requested. Crosby stated he is in favor of option 2, but they need to deal with the runoff. Smith inquired about who mows the lots. The audience stated the Dockside Association pays a contractor for the mowing. Belland stated a public safety concern is the truck traffic and crossing from one side of the road to the other. Sagsveen stated the proposal includes use of the existing crossing south of CR 24. Smith stated that there is a tunnel that runs under the road. Crosby stated the west trail is to serve the residents of Independence Beach. Cavanaugh stated they should expect to pay for the curb and gutter if it is requested by the residents. Motion passed unanimously. B. Uptown Hamel — Hamel Road and Streetscape Improvements Adams stated the Council previously discussed funds with the TIF district based on inflationary funds for Phase 1 and 2. He stated the Council wanted to discuss it further after the comprehensive plan was completed. He stated they need to discuss the timeline for the various funding options. Dave Callister, representative from Ehlers and Associates, stated they have previously had several discussions in regards to Hamel Road. He stated one issue is if the tax increment will be sufficient for Hamel Road and for the existing debt from Sioux Drive and Mill Drive. He stated the tax increment financing District 1-9 was created in 2004. He explained the upcoming deadlines. He stated this discussion was only in reference to the properties south of TH 55. Medina City Council Meeting Minutes July 17, 2007 272 Weir inquired if the deadline was addressed through the building of the storm sewer system. Callister stated that the storm sewer system didn't directly impact all of the properties and it wouldn't count towards the improvement. Batty stated the statute used to state that any public improvement would count. The statute now states that private improvements or a new road or substantial reconstruction of a road would qualify parcels. Callister stated July 9, 2008 is the deadline for the improvements to be commenced. He stated that if the properties didn't have a qualifying improvement, they would be knocked out of the TIF district resulting in a loss of approximately $22,000. He stated that the parcels could be added back if there was a qualifying activity later, but the original base from 2004 would be lost. Crosby inquired about the possible differential between the base and if they were brought back in 2010. Callister stated it depends on the value in 2010. Batty stated that it isn't possible to know the base for when it would come back in to the TIF district until it is known when it is coming in and the base at that time. Callister explained the 4-year knockdown rule and the 5-year rule, the assumptions made for the financing options, and the impact from various scenarios on the TIF district and the existing debt. Crosby inquired if there is a need for cash at the end of the period. Callister stated that it is a general obligation bond and it would need to be taken to a general tax levy. Weir inquired if Callister would have an estimate of what an assessment would be for affected properties. Crosby inquired if the church property would be assessed. Batty stated they would need to pay and are not exempt from special assessments. He stated that these would be general operation bonds and the minimum that could be assessed. Weir stated that some residents have been assessed for the storm sewer, Mill Drive and Sioux Drive and are feeling a bit fragile from the assessments and wondering if there would be further assessments. Callister stated that if the City was interested in taking advantage of the increment, the Council would need to look at it now in order to have the project completed in time. Weir inquired if it could be built in a way that it wouldn't need to be ripped up every time a new project came in. Kellogg stated that it depends on the services that would be needed, but the disturbance in the road would be minimized. Smith stated that in Anoka they have put in a road without the top layer and inquired if this was something the City could do because it is likely that a huge project will be going in. Kellogg stated that normal operating procedure is to place the final layer of Medina City Council Meeting Minutes July 17, 2007 273 bituminous one year later to allow for settling and fixing any problems that may have arisen. Batty stated that from a tax increment standpoint the knockdown rule is the most immediate concern. He stated the improvement to Hamel Road would cover most of the residents. He stated they would lose $22,000 and risk not having the properties placed in the district again. He stated that letting the parcels fall out of the district in 2008 will not resolve the need to commit to spending the funds by July 2009. Weir stated that it makes sense to use the money and do the infrastructure that is going to have to be done at some point anyway. Smith stated that it is in horrible condition. Adams stated that Hamel Road has been on the priority list for the last 4 or 5 years. He demonstrated the location of the parcels that would fall out of the district if the funds were not used. Weir stated she thinks they should go ahead and do the work. Crosby inquired about the risk involved because he wouldn't want to do a road if there was no demand for the road. He stated there has been no spark for redevelopment in Hamel. Adams stated the developers have stated that it would be helpful to have the road completed, but it would be better to have destinations. He stated that phase 1 was intended to be developed with partnerships in Uptown Hamel. Crosby inquired about the risk. Adams stated the risk is the 3 percent market inflation and assumes no further development including the Ferrelgas project. Batty stated that there needs to be a discussion about the need for Hamel Road to be reconstructed in the near future. Adams stated that it is important to figure out where other potential funding could come from if this funding wasn't used and noted that this is an opportunity to receive funding for Hamel Road. Smith stated that the southern part of Hamel Road was repaved when the sewer needed to be replaced and they took advantage of the timing to repave it. Crosby stated he sees Ferrelgas development occurring, but doesn't see other development on Hamel Road. Weir stated that there will be an increase in the number of the people coming to the area. Kellogg stated the analysis is based on a cost estimate. He stated there needs to be a feasibility report conducted to gather firmer data and timetables. Medina City Council Meeting Minutes July 17, 2007 274 Batty stated he doesn't think there is a time limit on the feasibility report, but often at 6 months or 1 year they need to be redone. Kellogg stated waiting to move forward on the report will cause them to risk running in to time constraints. Moved by Weir, seconded by Smith, to direct Staff to do a feasibility report for the rebuilding of the street in Uptown Hamel, as requested. Motion passed unanimously. Crosby stated he would like to have the feasibility reports prepared on a zero inflation scenario. He inquired about the length of the road. Kellogg stated the limits would be Brockton to Hunter. Gerry Dykhoff inquired if the feasibility report will include curb and gutter. Crosby stated that they would be included. C. Ordinance Adding Section 710.68 and Amending Section 710.69 and 710.75, Subd. 3. Relating to the Water Supply System, Water Use Restrictions, and Irrigation Systems Adams stated the changes to the ordinance include the sections on the business uses and expanding businesses. Moved by Smith, seconded by Weir, to approve the Ordinance Amendment adding section 710.68 and amending 710.69 and 710.75, Subd. 3 as requested. Weir inquired about the language referring to the lawn irrigation system and the stormwater ponds. Adams stated there could be language stating that a pond must be established if there isn't a pond already. Crosby stated there should be language to accommodate new seed, sod, or other needs. Motion passed unanimously. Smith stated she would like the press release from MPCA to be placed on the website and the next newsletter. Adams stated the newsletter is close to print and it may be too late to include it in the newsletter. He stated the newsletter does have a section on water conservation. VIII. NEW BUSINESS A. Ordinance Related to Animal -Assisted Therapy as Conditional Use in Rural Residential zoning district; Amending Section 826.21; Adding Section 825.07, Subdivision 106.1 and Section 826.98, Subdivision 2 (o). Gitzlaff presented the background information for the request for an animal assisted therapy facility. He stated that the Staff analysis is that the use is commercial in nature, but does require a rural setting. He stated the ordinance allows the Council to discuss Medina City Council Meeting Minutes July 17, 2007 275 various features on the application. He stated Staff is seeking direction from the Council regarding if animal assisted therapy is a use that requires a rural setting, is consistent with the purposes, and if it should be permitted, requested changes to the criteria in the ordinance. He stated the Planning Commission recommended approval (3-2) and requested language be added to the ordinance regarding certification/licensing, limiting it to domestic animals only, and disallowing residential overnight use and criminal justice type uses. He stated the Planning Commissioners who opposed the ordinance expressed concerns about larger facilities coming to the City and property tax losses due to its non-profit status. Crosby clarified that the Commissioners opposed to the ordinance were opposed because of the size of the real estate. Cavanaugh inquired if the concern about the size of the real estate was to limit similar facilities from operating in another part of the City. Doug Dickerson stated that was the concern. Batty stated the ordinance was modified to reflect the Planning Commission's recommendations. He stated the intent was to allow day trips, but not ovemight and not using the facilities for criminal justice type uses. Weir suggested including national certification in the ordinance. Crosby inquired if the current version of the ordinance was acceptable to the members of the Planning Commission. Gitzlaff clarified the reasons two of the Planning Commissioners opposed the resolution. Weir stated that increasing the size of the acreage would make it harder for a non-profit to buy. Cavanaugh stated that it is unknown what other uses may be given access due to the small amount of acreage. Smith stated that increasing the acreage may allow for an increase in animals. Crosby stated that he is in favor of 15 acres as the limit because of the use. He stated that if it would fall off of the tax rolls it would be a smaller amount of funding. Tanya Welsch, Education Director for MnLINC, stated the definition for animal assisted therapy comes from the Delta Society. She stated there is no national body that regulates, licenses, accredits, or certifies their work. She stated her understanding is that the Planning Commission passed the ordinance with the recommendations mentioned earlier. She inquired about the definition of the criminal justice system. Weir stated the Planning Commission's concern was working with children who are sent to the County Home School in Eden Prairie for the specific purpose of remediation. Batty stated that the language "associated with the criminal justice system" is a vague term, but he hasn't researched if it is discriminatory. Medina City Council Meeting Minutes July 17, 2007 276 Crosby stated it is broad language and would like to see a modifier in the language. Smith stated that children at high risk may be working through social services through counties. Cavanaugh stated that it means being prepared for residents to have concerns about some of the behaviors that may occur. Welsch stated the clients they work with have emotional and behavioral issues that preclude them from attending school in their home school district. She stated they are not an overnight facility. Crosby stated that he would prefer to have the capability of pulling the permit instead of defining the type of clients. Weir inquired if the clients are with staff constantly. Welsch stated the children are with staff throughout the therapy and it is a way of teaching the staff various ways of working with the children. Crosby inquired about the City's ability to monitor the facility to be sure they are doing what they state they will do. Batty stated that if they are complying with the CUP, the Council could change the ordinance, but not the CUP. Crosby stated his concern is that the activities be on the acreage and no adverse impact occurs in the community, which will require adequate supervision of the clients and staff. Batty stated the CUP can be revoked if there is a violation on one of the terms of a CUP. Cavanaugh inquired if the neighbors have shared their thoughts on the topic. Dickerson stated the neighbors haven't been notified. Weir stated that two neighbors came in and spoke during the Planning Commission. Batty stated the neighbors haven't been notified because there is no application. Cavanaugh stated that it is important for the neighbors to be notified and he doesn't want to see another use come in under the ordinance. Liz Turnquist stated she canvassed the neighbors by explaining the organization and the uses. She stated that all but one of the neighbors were in support of it. Cavanaugh inquired about the reason why the neighbor was opposed to it. Turnquist stated that the primary concern was the increase in traffic. She stated that they will not be living on the property and there would be a decrease in the traffic. Crosby inquired about the time restraints they are under. Adams stated they aren't under any time restraints. Medina City Council Meeting Minutes July 17, 2007 277 Moved by Weir, seconded by Cavanaugh, to table the discussion until August 8th, 2007. Smith inquired if anyone would be living there. Turnquist stated that one of her children would be living on the property. Welsch stated they are hoping to begin the program at the beginning of the school year. Batty stated MnLINC would want to apply before the August Planning Commission meeting, but at this point there isn't anything to apply for. Crosby inquired if this discussion could be continued at the August 31 work session. Adams stated Staff would need to turn around a CUP application in about a week. Motion passed unanimously. Molly Diprecko, Clinical Director of MnLINC, requested the Council to consider an ending time of 8 p.m. for the hours of operation. B. Well No. 6 Raw Water Supply Line - Award Contract for Proiect and Approve Easement Agreement Adams stated the results for the low bid is Ellingson Drainage. He stated there is an executed easement agreement from Fortin and Rowan Enterprises. He stated Staff is recommending to move forward in the award of the contract and to approve the easement agreement. He stated there is an increase of $41,000 plus the easement cost from the last set of bids. Kellogg stated that there is some survey work to be done as well. Cavanaugh stated that it is roughly $100,000 more. Weir stated that her understanding is that there is already a well in the park. Moved by Weir, seconded by Smith, to approve the Ellingson Drainage, Inc. bid for Well No. 6 waterline with the easement agreement, as requested. Motion passed unanimously. C. Ordinance Establishing a Storm Sewer Improvement Tax District — Willow Hill Preserve - Public Hearing Adams stated this is a follow-up to one of the conditions for the Willow Hill Preserve final plat application. The public hearing was opened at 11:06 p.m. There being no further input, Crosby close the public hearing at 11:06 p.m. Moved by Weir, seconded by Smith, to approve the ordinance establishing a storm sewer improvement tax district, Willow Hill Preserve. Motion passed unanimously. Medina City Council Meeting Minutes July 17, 2007 278 D. Hamel Community Building Operational Update Wunsch stated there is an increase in revenue over the past three years. She stated there has been a suggestion to place trim along the ceiling where decorations could be hung. She stated currently there are holes in the wall and some of the carpet needs to be replaced. The Council discussed various options for hanging decorations. Moved by Crosby, seconded by Cavanaugh, to authorize Weir and Smith to work with the Community Center for hanging decorations, as requested. Wunsch stated the updates to the webpage and marketing strategies. Crosby stated he thinks they need to be considerate of the other businesses in the community that rent out their facilities when they advertise the availability of the community center. The Council reached consensus to have Weir and Smith work with the Community Center on decorations. E. Truck Traffic Smith stated she would like Staff to research options for the truck traffic on Parkview, Homestead Trail, and Hamel Road. Crosby stated that all of the benefits and drawbacks should be researched for making the County roads to become City roads including the impact of truck traffic. Cavanaugh stated the cost may be significant. Crosby stated that traffic is only one component of it to consider. Smith stated that it is important to listen to the residents. Moved by Smith, seconded by Weir, to direct Staff to look at the pros and cons of maintaining Hamel Road, Homestead Trail, and Parkview as city roads. Crosby stated that it would be important to find out how much negotiating can be done with Hennepin County. Adams stated that Staff has had those discussions with Hennepin County staff, but it would need to be done more formally. Motion passed unanimously. X. CITY ADMINISTRATOR REPORT A. Work Plan Adams passed out the work plan with the six month goals to the Council members. Xl. MAYOR & CITY COUNCIL REPORTS Medina City Council Meeting Minutes July 17, 2007 279 There were none. XI1. APPROVAL TO PAY THE BILLS Moved by Weir, seconded by Smith, to approve the bills, order check numbers 000055- 000062 for $26, 041.73 and 031125-031200 for $376,122.55, and payroll check numbers 020076-020083 for $5, 827.68 and 500659-500682 for $30, 060.98. Motion passed unanimously. XIII. ADJOURN Moved by Cavanaugh, seconded by Weir, to adjourn the meeting at 11:24 p.m. Motion passed unanimously. -1-72,14 T. M. Crosby, Jr., Mayor Attest: Chad M. Adams, City Administrator Medina City Council Meeting Minutes July 17, 2007 280 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes July 17, 2007 281 E CHECKS — JULY 13, 2007 000055 PR FED/FICA $10,331.59 000056 PR STATE OF MINNESOTA $2,222.48 000057 PR PERA $7,457.80 000058 PR MN DEFERRED COMP $1,115.00 000059 FARMERS STATE BANK OF HAMEL $20.00 000060 FARMERS STATE BANK OF HAMEL (This is June Exp.) $15.00 000061 STATE OF MINNESOTA (SALES TAX) $2,424.00 000062 ACCLAIM BENEFITS $2,455.86 $26,041.73 ORDER CHECKS — JULY 17, 2007 031125 ACCLAIM BENEFITS $64.35 031126 ACCURINT $41.00 031127 ALLSTAR ELECTRIC $755.06 031128 BCA/TRAINING & DEVELOPMENT $50.00 031129 BERGERSON CASWELL INC. $70,082.85 031130 BOND & TRUST SERVICES $109,640.00 031131 BUDGET PRINTING $12.86 031132 CENTERPOINT ENERGY $323.13 031133 CHUNKS AUTOMOTIVE SERVICE $221.96 031134 CIRCLE V SPECIALTIES, INC. $273.00 031135 COMMERCIAL ASPHALT CO. $2,369.05 031136 CULLIGAN $82.06 031137 DEEP ROCK WATER COMPANY $3.76 031138 DEPARTMENT OF PUBLIC SAFETY $270.00 031139 EGAN $226.50 031140 EHLERS & ASSOC. $360.00 031141 ELAN FINANCIAL SERVICE $201.37 031142 ESS BROS. & SONS, INC. $86.27 031143 FARR, DARREL A. DEVELOPMENT $10,000.00 031144 FORTIN & ROWAN ENT. LLC $30,768.74 031145 FORTIN HARDWARE $202.05 031146 FRONTIER $59.17 031147 GENUINE PARTS CO. - MPLS $544.29 031148 GOETSCH, W.W. ASSOCIATES,. INC. $952.56 031149 HAMEL ATHLETIC ASSN $1,500.00 031150 HAMEL BUILDING CENTER $121.16 031151 HAMEL FIRE DEPT $31,182.22 031152 HENN COOP. SEED EXCHANGE $330.12 031153 HENNEPIN COUNTY INFO.TECH.DEPT $1,347.52 031154 HENRYS WATERWORKS $405.74 031155 HICKORY FINE HOMES $10,000.00 031156 IMPRE.ST FUND $955.12 031157 J & B LAWN, TREE & STUMP $4,075.00 031158 KODET ARCHITECTURAL GROUP LTD $3,337.30 031159 KONICA MINOLTA BUS. SOLUTIONS $1,270.62 Medina City Council July 17, 2007 282 031160 031161 031162 031163 031164 031165 031166 031167 031168 031169 031170 031171 031172 031173 031174 031175 031176 031177 031178 031179 031180 031181 031182 031183 031184 031185 031186 031187 031188 031189 031190 031191 031192 031193 031194 031195 031196 031197 031198 031199 031200 Total General ORDER CHECKS — JULY 17, 2007 (CONT'D) LAW ENFORCEMENT TECH. GROUP $849.02 LOFFLER COMPANIES INC. $1,099.11 LONG LAKE, CITY OF $3,868.75 MARTIN-MCALLISTER $350.00 MEDINA AUTO SERVICE $830.12 METRO WEST INSPECTION $14,731.15 METRO.COUNCIL ENVIRO. SERVICES $13,042.83 METROPOLITAN COUNCIL WASTEWTR $8,291.25 MINNESOTA CHILD SUPP. PYT.CTR $518.50 MINNESOTA STATE TREASURER $4,330.80 MPCA $23.00 NELSON ELECTRIC MOTOR REPAIR $100.00 NORTH MEMORIAL HEALTH CARE $160.00 OFFICE DEPOT $215.79 ON SITE SANITATION $319.95 PLYMOUTH, CITY OF $635.58 PRUDENTIAL INSURANCE CO. OF AM $434.25 QWEST $592.11 RAILROAD MANAGEMENT CO.LLC $75.00 REED BUSINESS INFORMATION $156.10 RIDGEVIEW CLINICS $153.00 SERVICE MASTER $133.23 STREICHER'S $1,3 85.04 SUN PRESS & NEWSPAPERS $560.16 TALLEN & BAERTSCHI $4,207.02 THUL, JEFF $139.32 T-MOBILE $276.33 TWIN CITY OXYGEN $33.91 UNION SECURITY INS. CO. $427.59 UNLIMITED SUPPLIES $352.91 VALVOLINE FLEET SERVICES $126.17 WASTE MANAGEMENT-TC WEST $3,463.04 WAYZATA, CITY OF $35.00 WEST HENNEPIN PUBLIC SAFETY $385.00 WESTSIDE EQUIPMENT $414.00 WRIGHT-HENNEPIN ELECTRIC $2,373.12 WSB & ASSOCIATES $15,326.66 XCEL ENERGY $6,938.40 XEROX CORPORATION $25.54 YOCUM OIL CO. INC $6,324.90 ZIEGLER, INC. $304.07 Checks. $376,122.55 Grand Total, Order & E Checks: $402,164.28 Medina City Council July 17, 2007 283 PAYROLL CHECKS - JULY 9, 2007 020076 VOID $0.00 020077 SMITH, CAROLYN A. $230.87 020078 SCHERER, STEVEN T $1,653.44 020079 CONVERSE, KEITH A $1,825.24 020080 VIEAU, CECILIA M $1,071.17 020081 CROSBY, THOMAS M. JR. $327.07 020082 JOHNSON, DANIEL $230.87 020083 KOTTKE, DAVID E. $489.02 $5,827.68 DIRECT DEPOSIT TRANSACTIONS 7-11-07 500659 ADAMS, CHAD M. $2,288.66 500660 SCHERER, STEVEN T $1.00 500661 MCGILL, CHRISTOPHER R. $1,727.94 500662 HALL, DAVID M. $1,789.14 500663 DRESSEL, ROBERT P. $1,257.24 500664 BELLAND, EDGAR J $2,476.10 500665 VIEAU, CECILIA M. $1.00 500666 DINGMANN, IVAN W $1,370.38 500667 SULANDER, LAURA L. $1,338.46 500668 BOECKER, KEVIN D $1,817.84 500669 CAVANAUGH, JOSEPH $230.87 500670 WEIR, ELIZABETH V. $230.87 500671 GREGORY, THOMAS $1,942.76 500672 NELSON, JASON $2,471.08 500673 VINCK, JOHN J. $1,459.09 500674 FINKS, DUSTIN D. $1,239.03 500675 MAROHNIC, NICHOLAS $592.95 500676 DAY, JEANNE M. $1,962.10 500677 DOMINO, CHARMANE $1,198.01 500678 WUNSCH, JODI M. $1,009.50 500679 LEUER, GREGORY J $1,418.49 500680 LANE, LINDA $1,011.95 500681 HANSEN, DALLAS W. $491.06 500682 ELBERT, ANDREW D. $735.46 $30,060.98 Medina City Council July 17, 2007 284 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council July 17, 2007