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HomeMy Public PortalAbout08/21/07 CCM315 MEDINA CITY COUNCIL MEETING MINUTES OF AUGUST 21, 2007 The City Council of Medina, Minnesota met in regular session on August 21, 2007 at 7:06 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Cavanaugh, Weir, and Johnson. Members absent: Smith. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, City Planning Consultant Andrew Gitzlaff, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA It was requested to add Medina Road and Trail project to Administration. The agenda was accepted as presented. IV. APPROVAL OF MINUTES A. Approval of the July 17, 2007 Special City Council Meeting Minutes Moved by Weir, seconded by Johnson, to approve the July 17, 2007 special City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the July 31, 2007 Special City Council Meeting Minutes It was noted on page 1, the first paragraph, it should state: "The City...on July 20, 2006 July 31, 2007..." It was noted on page 1, the seventh paragraph, it should state: "Adams... A 3% to 4% increase is targeted at this point..." Moved by Weir, seconded by Cavanaugh, to approve the July 31, 2007 special City Council meeting minutes as amended. Motion passed unanimously. C. Approval of the August 8, 2007 Regular City Council Meeting Minutes It was noted on page 4, the sixth paragraph, it should state: "Crosby stated..., but also if it is financially responsible..." It was noted on page 4, the eleventh paragraph, it should state: "Haberman slar-i#ied asked about clarification on how the cost of the maintenance is split." It was noted on page 11, the first paragraph, it should state: "development for Hamel Road... shape of the lots as fear-rangefnent rearranged..." It was noted on page 12, the fourth paragraph, it should state: "Weir stated that would be compatible for the condominiums next to it..." Medina City Council Meeting Minutes August 21, 2007 316 It was noted on page 13, the sixth paragraph, it should state: "Smith inquired...and if he were to do a pilates studio he would leave an area for an area for outdoor exercise." It was noted on page 13, the twelfth paragraph, it should state: Cavanaugh... for 165 Hamel on the west side..." It was noted on page 16, the fifth paragraph, it should state: "Weir stated she is concerned about the safety of the younger children's park..." It was noted on page 17, the fourth paragraph, it should state: Weir stated...property in the 1990's and the residents were required the only sanction was that the landowner had to pay the permit after the fact." It was noted on page 17, the sixth paragraph, it should state: "Weir stated that it this isn't an illegal berm in that case." It was noted on page 19, the eleventh paragraph, it should state: "Weir stated that Smith does have the interest if she wished to serve on the site selection team." It was noted on page 21, the third paragraph, it should state: "Crosby suggested requesting Forting Fortin Consulting to check into the project." Moved by Weir, seconded by Cavanaugh, to approve the August 8, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Approve Fireworks Proposal from Melrose Pyrotechnics for Medina Celebration Day ,B. Appro a GamblinN ermit fer Chureh of St An e_ September 22 2007 200 c-r trmec.—vc. zvvrcvv Hams rvmeli-Rd C. Extend Part -Time Seasonal Employment to Public Works Maintenance Worker Dave Koftke through November 16, 2007 D. Extend Part -Time Employment to Administration Intern Andrew Elbert through November 16, 2007 E. Resolution Accepting Resignation of CSO Jameson Ritter De elution Aoproying Final PlaE for. Riphard Burke and RalPh-Mier-for Fuca.` �rvccv cacrvc rccvnccrw vac �c� ...... ...,.. G. Resolution Approving Lot Rearrangement for Darrel A. Farr Development and Mark S. Bryant for Property Located at 155 Hamel Road and 165 Hamel Road H. Resolution Granting Final Plat Approval for Wefterstrom Addition I. Resolution Certifying Delinquent City Charges for Services to the Hennepin County Auditor for Collection in 2008 J. Approve Ace Properties LLC County Road 101 Access Agreement K. Resolution Declaring the Official Intent of the City of Medina, Minnesota, to Reimburse Certain Expenditures from the Proceeds of a Water Capital Improvement Project Medina City Council Meeting Minutes August 21, 2007 317 Adams asked to remove item B from the consent agenda. Crosby asked to remove item F from the consent agenda. Moved by Weir, seconded by Cavanaugh, to approve the consent agenda, as amended. Motion passed unanimously. B. Approve Gambling Permit for Church of St. Anne- September 22, 2007, 200 Hamel Rd. Adams stated that the event will be held on Friday, September 21, 2007 instead of September 22, 2007. Moved by Johnson, seconded by Weir, to approve the gambling permit for Church of St. Anne- September 21, 2007, 200 Hamel Road. Motion passed unanimously. F. Resolution Approving Final Plat for Richard Burke and Ralph Miller for Tomahawk Acres Located Generally at the Intersection of Hamel Road and Tomahawk Trail Crosby inquired about the park dedication fees for this property. He stated the resolution did not specify what would happen when the property owners built. Adams stated the preliminary plat contained a condition that stated there would be no park dedication fees due at this time and if future subdivision were to occur, they would be required to pay park dedication fees. Batty stated he removed the statement from the resolution because there is always a park dedication fee due when property is subdivided. He stated he took it out based on the most recent discussion to make it clear that there are no fees due at this time. Crosby inquired what circumstances would require the fee to be paid in the future. Batty stated that upon a subdivision a fee would be paid upon the creation of a lot. Weir clarified that Batty was stating that it isn't necessary to list it as a condition. Johnson stated it isn't necessary, but he was unsure of the conclusion from the discussion. Johnson stated he recalls the Council agreeing that the fees would be due upon future subdivisions. Adams stated they should include the language for the condition approved in the preliminary plat. Moved by Johnson, seconded by Weir, to approve the resolution approving final plat for Richard Burke and Ralph Miller for Tomahawk Acres Located Generally at the intersection of Hamel Road and Tomahawk Trail with the amendment adding park dedication language consistent with the preliminary plat resolution. Motion passed unanimously. Medina City Council Meeting Minutes August 21, 2007 318 VI. COMMENTS A. Comments from Citizens on Items not on the Agenda Clarkson Lindley, 1588 Homestead Trail, stated he is concerned about the truck traffic on Homestead Trail. He stated he counted 102 speed changes, curve warnings, and right-of-way markers within two and a quarter miles. He stated there are 9 speed limit changes going south and 7 going north. He stated he would like the City and Hennepin County to establish a maximum speed limit of 35 mph on Homestead Trail for both directions. He stated that banning all truck traffic isn't an option because it is a county road. He stated that it is designated as a park access and it should be a parkway. He stated that there is a group in the Hennepin County transportation department that has a goal for an on -road bike route. Weir inquired if Lindley has expressed his recommendations to Hennepin County. She stated that the City does not have jurisdiction over the road. She suggested that others interested in the issue should involve the County. Lindley stated he has not taken them to the County and he will tell others as well. Crosby stated that the Council understands that this is a serious issue. He stated that there will be a report at the September 4, 2007. Mike McLaughlin, representative from Lake Independence Citizen's Association (LICA), distributed information about LICA. He stated the Pioneer Watershed Commission received funding from the State and LICA would like the City to assist in spreading the word with owners who might be interested in using the funding. He stated he spoke before the Council in May requesting help with the Enrich grant for LICA at 2929 Lakeshore Avenue. He stated they are in the process of applying for a DNR shoreline habitat restoration grant. He stated that they are seeking assistance with funds from the City if they are awarded the grant. Weir thanked McLaughlin and stated she would like to discuss the TMDL at the end of the meeting. Adams stated that on September 4, 2007 the agenda will include the shoreline buffering and stabilization programs. Adams stated the City is looking at applying for a grant from the DNR, but it wouldn't eliminate the possibility of co -applying with LICA. Cavanaugh inquired if LICA has approached the City of Independence. McLaughlin stated that some of the residents are Independence residents and they will approach their City. B. Park Commission Jerry Dykhoff, Park Commissioner, stated they are looking at the usefulness of the parks and possible problems. He stated they discussed the potential name change for Holy Name Lake and there was a motion passed in support of the name change to Hansmann Lake. He stated they elected Bob Pastor to be a liaison to the Hamel Athletic Association. Medina City Council Meeting Minutes August 21, 2007 319 C. Planning Commission Jeff Pederson, Planning Commissioner, stated at the last meeting there was a CUP for Animal -Assisted Therapy in a rural residential area. He stated there was a public hearing, but there wasn't anyone there to speak for or against it. He stated the Planning Commission recommended approval with conditions. He stated there was a public hearing for the tree preservation and replacement ordinance and there wasn't anyone to speak about it. He stated they left the public hearing open. He stated they discussed having a joint meeting with the Park Commission on September 25, 2007. VII. OLD BUSINESS A. Solid Waste Collection and Disposal RFP Adams stated they are prepared to send out the RFP with the option for organics and recycling collection. He stated the service and performance standards are defined in the RFP. Johnson inquired if they are better served to have one hauler or different haulers and different districts. Crosby stated that a hauler could bid on one district or all of the districts. Adams stated that Smith suggested requiring the recycling to include office paper, glossy magazines and catalogs, corrugated cardboard, cereal box -type paperboard, and telephone directories; withdrawing the expanded polystyrene PS plastic (#6); adding mail to the office paper; not having a preference for two -sort or one -sort and leaving it open to the hauler; remove separating paper and cardboard; encourage a proposed shared revenue system; and the City receive public education materials. Moved by Weir, seconded by Johnson, to approve the Request for Proposal with the changes in the recycling to include office paper, glossy magazines and catalogs, corrugated cardboard, cereal box -type paperboard, and telephone directories; withdrawing the expanded polystyrene PS plastic (#6); adding mail to the office paper; not having a preference for two -sort or one -sort and leaving it open to the hauler; remove separating paper and cardboard; encourage a proposed shared revenue system; and the City receive public education materials, as requested. Motion passed unanimously. B. Holy Name Lake- Recommended Name Change to Hansmann Lake Adams stated that the Park Commission advanced this forward to the City for review and consideration. He stated the City does not have any authority over this name change, but they could make a recommendation to the County board. He stated that people around the lake may not be aware of the potential name change and it may be appropriate to provide more notice to the public. Crosby stated he is concerned about the public notice issue. Cavanaugh stated that he polled some people around the lake to find out if they were aware of the potential name change and most were not. Weir stated she thinks the Council could upset a lot of people by making a recommendation without the residents being notified. Medina City Council Meeting Minutes August 21, 2007 320 The Council reached consensus to discuss this item at a future Council meeting and to send out a notice to residents within 1,000 feet of the lake. VIII. NEW BUSINESS A. Willow Hill Preserve Lot Line Rearrangement Gitzlaff stated the final plat for Willow Hill Preserve was approved on June 5, 2007 and it has been recorded at the County. He stated the applicant is requesting approval of a lot line rearrangement to move the south end of the common lot line between Lots 3 and 4, 50 feet to the east. He stated the applicant is seeking the lot line rearrangement on behalf of the owner of Lot 4. He stated the proposed development meets all of the City standards. Johnson inquired about the calculation for the suitable soil. Gitzlaff stated that the calculation was a rounded figure. Gitzlaff stated there are drainage and utility easements on each side of the common lot line. He stated the applicant is requesting the City to vacate this easement as part of a separate application. He stated Staff finds the vacated easement acceptable. He demonstrated the location of the proposed lot line rearrangement. Moved by Weir, seconded by Johnson, to authorize preparation of the Willow Hill Preserve Lot Line rearrangement with conditions recommended by Staff, as requested. Motion passed unanimously. B. Tree Preservation Ordinance Crosby inquired about the purpose of this discussion. Adams stated that it is for policy direction for the Planning Commission and then an ordinance would be drafted. Gitzlaff stated the tree preservation ordinance was discussed in 2006. He stated the current ordinance was reviewed by the Planning Commission and there was a public hearing held. He stated the existing ordinance applies only to residential districts and commercial districts have their own regulations that will not be part of this ordinance. He stated the ordinance allows for situations where trees may be removed without replacement. Gitzlaff stated that because of the exemptions, there haven't been any plans in the previous year needing to follow the tree ordinance. He stated the current ordinance does allow for waivers if best management practices are followed. He stated if mitigation is required, the replacement is 2 caliper inches per 1 removed in an old growth area and 1:1 for all other areas. Weir stated that she would like the Council to consider how many of the best management practices need to be complied with in order to receive a waiver. Johnson posed the scenario of owning a heavily wooded parcel with the intention of subdividing it. He stated that there is nothing to prevent him from clear -cutting the area prior to the subdivision. Cavanaugh stated that a person can clear cut one acre. Medina City Council Meeting Minutes August 21,• 2007 321 Gitzlaff stated that one acre could be clear cut and after that mitigation would be required. He stated the first issue is the issue of residential districts having separate tree preservation regulations than commercial districts. He stated commercial districts are required to have a 1:1 replacement for all significant trees. He stated Staff recommends separate regulations for residential and commercial. Gitzlaff stated another issue is if areas outside of the MUSA should have separate standards. He stated the Planning Commission agreed there should be separate regulations; was in favor of leaving the regulations as they are in each district; noted that lot size is an important factor; and suggested a possible overlay district that would allow for the preservation of trees. Crosby inquired if the existing ordinance allows a commercial owner to clear cut prior to an application. Gitzlaff stated he believes there aren't exemptions in the commercial district and there is a 1:1 replacement for trees that are cut down. Johnson requested the ordinance's application be confirmed for commercial businesses. Gitzlaff stated another issue is if there should be any exemptions from the tree preservation requirements and what those exemptions might be. He stated that incentives may be appropriate to encourage not cutting down the trees. Johnson inquired about the current exemption to remove trees for the driveway at Willow Hill Preserve. Weir stated that there aren't any incentives to preserve the trees that might be in the path of a driveway. Crosby inquired about the removal of subdivision 5 from the current ordinance and stated that an exception would be the utilities. Gitzlaff stated that some of the exemptions would need to remain. Johnson stated that it would be possible to cut in for the utilities and have the driveway follow the same path. Weir stated the third issue is about how much tree removal should be allowed without replacement and how the measurement is quantified. She stated the Planning Commission suggested it be by lot size and percentage of cut. She stated that the total should state 10 significant trees instead of 10 trees. Crosby inquired if there are other communities that have a tree ordinance. Batty stated that Staff has looked at other communities and Minnetrista has a tree ordinance that is quite different from Medina's. Gitzlaff stated his experience with tree preservation ordinances is based on a percentage of the trees to be removed and beyond that amount mitigation would be required. Weir stated that Minnetrista's ordinance allows for 30% to be cut for any size lot. Batty stated that it is for the significant trees and beyond that percentage it needs to be replaced. He stated Minnetrista is amending their ordinance to state that replacement Medina City Council Meeting Minutes August 21, 2007 322 needs to be 1.5 :1 inches preferably on the property and if not on the property, at the city's option on city property or paying in to an environmental fund. Weir inquired if the concept is reasonable enough to allow people to do what they wish on their land. Crosby stated that he isn't sure the progression in the current ordinance is appropriate. He stated that in the Willow Hill Preserve the trees are very dense. Weir stated that they may be able to get rid of the number of trees and do a percentage. Johnson inquired if it would be applied to the entire parcel or if it would be divided by each lot. Weir stated she believes that if it was pre -subdivision it would be the total parcel. Johnson stated that a resident would be incentivised to come in before the subdivision. He stated a developer would realize that potential buyers wouldn't be able to do much without cutting down a bunch of trees and would be better off cutting them down prior to subdividing. Crosby stated that he isn't against the graduated concept, but it needs more consideration. Weir stated that she thinks they should get rid of the number of trees and do a percentage. Cavanaugh inquired if the idea was to use the total acreage or the number of significant trees. He stated that this is a significant shift from previous discussions where landowners can choose to place their house on the land wherever they would like. Weir stated that she and Smith have difficulties with the concept of placing houses right in the middle of old growth trees because it fragments woodland and interferes with the ecology. Cavanaugh inquired if it would have a distinction between old growth and new growth. Weir stated that it already has that distinction and will require a higher replacement. Johnson clarified that the ordinance would state a certain amount could be cut down and cutting additional trees beyond that would require mitigation. Weir stated that a person could clear cut the site, but he/she would need to mitigate. Johnson stated that the ordinance would allow for the flexibility of building on the lot as Cavanaugh suggested, but mitigation may be required. Crosby stated there is a circumstance where a house and a tennis court were built among old growth without any mitigation. Medina City Council Meeting Minutes August 21, 2007 323 Weir stated that this ordinance provides a waiver to a developer for practicing best management practices. Cavanaugh inquired about a situation where a lot is extremely wooded and the owner would like to build. Weir stated that they could cut 15% of the trees to follow the proposed table. Cavanaugh inquired how it would be calculated. Gitzlaff stated there are two potential options for a forest area: by a percentage of the acreage or by counting the number of trees. He stated these options could be included in the ordinance. Jeff Pederson, resident, stated he has planted over 6,000 trees, but he doesn't think that the Council should dictate where a house or driveway can be placed. He stated that they shouldn't take the owners rights away to build on their land as they wish. Weir stated they wouldn't tell them where they can place their house, but an incentive to save the trees would be a decrease in the cost from not needing to mitigate. Johnson stated that he can't remove ponds on property and trees would be a similar situation. He stated that they are all part of the watershed. He stated that if they regulate watershed, they should regulate forest. Crosby stated he would be in support of a clause stating that a mitigating factor is the applicant's husbandry of the property. Johnson stated that there would need to be documentation for the trees planted. Weir stated she likes the regulatory part and the incentive part in the waiver. She stated that they are asking for two best management practices and inquired if it should be higher. Batty stated that Staff does not endorse the current ordinance and would like the Council's direction for the ordinance by making it more or less strict. He stated the ordinance that exists was developed by a previous Council. Johnson stated the previous ordinance was a good first attempt, but it didn't prevent an unfortunate situation from happening. He stated that it doesn't protect much of anything. He stated evaluating the exemptions and the calculations may be ways to meet the needs of preserving old growth trees and landowners right to their property. He stated there needs to be restrictions that protect more than the current ordinance. Weir stated that she thinks that a more effective ordinance should be more restrictive. She stated a graduated cut for size acreage seems an intelligent approach. She stated she would like to see an ordinance that uses restrictions and incentives to avoid people building in trees. Crosby stated that he thinks they should stay with the current structure of the ordinance. Medina City Council Meeting Minutes August 21, 2007 324 Cavanaugh stated that there needs to be a fair number of trees that could be cut without mitigation. He stated that a percentage of land area is simpler to calculate and calculating the number of trees is an added expense for the landowner. Weir stated she is not comfortable with the removal of trees. Johnson stated he is concerned with the viewshed. Weir stated that another concern is the ecology of the land. Cavanaugh stated the current ordinance only allows 50 feet around the house. Weir stated that it is less than ideal and they need to provide incentives to people to avoid the woods. Gitzlaff stated the next issue is an acceptable area of mitigation for projects that need to mitigate. He stated the Planning Commission supported the 1:1 caliper inch replacement and a 2:1 caliper inch for old growth replacement. He stated there was a discussion about bald and burlap trees. Weir stated that balled and burlap trees are expensive and the current ordinance doesn't state specifications for the types of trees used as replacements, but it does state that they need to be alive at the end of two years. Crosby inquired about how much old growth is in Medina. Weir stated the MLCCS would indicate how much old growth is present. Weir stated that the 1:1 mitigation seems reasonable for non -old growth and 1.5:1 for old growth. Weir stated that it should be pre -subdivision as opposed to post -subdivision. Johnson stated that it applies to everyone regardless if they plan to subdivide. Weir stated that for the comprehensive plan they are encouraging developers to talk with Staff before they have a plan. Crosby read a portion of the current ordinance and stated that anyone clear cutting more than an acre would be in violation. Weir stated that the Planning Commission felt the minimum of two best management practices is not enough. Crosby stated that Staff will look into that issue. Johnson stated that there is a time issue because a property owner could cut some of the trees one year and then cut more the following year. Medina City Council Meeting Minutes August 21.2007 325 Crosby stated that it would apply by owner. He stated the definition of a significant tree and inquired about the reason a native tree isn't covered. Weir stated that deciduous and coniferous covers both types of trees. Gitzlaff suggested using the term non-invasive. Weir suggested using the terminology of a "healthy, deciduous, native tree." Crosby stated that an ash isn't on the list and inquired about where the list of trees came from. Weir stated that it came from the DNR. Gitzlaff stated that a draft ordinance will be put together at the Planning Commission and there will be a continuance of the public hearing. C. Comprehensive Plan: Amendment to Landform Consulting Services Agreement and Revised Timeline Adams stated there is an amendment to the contract with Landform. He stated there are projected services that are based on flat rates or an hourly basis whichever is less. He stated there is a projected amount of work needed prior to completion. Crosby stated he would like an upper limit placed on it and if there would be a need to go beyond the upper limit it would need to come back before the Council. Adams suggested $5,000. Adams stated that if the expectations change, it would need to come before the Council. Cavanaugh inquired if there are time restrictions from Jennifer Haskamp. Adams stated that she is committed to working through the rest of this process and stated the City can evaluate the submittal to Met Council upon the Planning Director being in place. Crosby inquired about the value of using Landform without Haskamp's presence at that company. Adams stated that there are three people working on the comprehensive plan from Landform. Crosby inquired about the base contract. Adams stated he recalls the base contract was about $37,000. Johnson inquired about the term for this. Adams stated that it is for the next two to three months, not including the time for the Met Council submittal, which is included in the base proposal. Weir inquired about doing the submittal for the Met Council in house. Adams stated that there is that potential with the Planning Director, but that it must be evaluated later. Moved by Weir, seconded by Cavanaugh, to approve the Comprehensive Plan: Amendment to Landform Consulting Services Agreement and Revised Timeline up to an additional $5, 000 with the changes in the schedule, as requested. Motion passed unanimously. Medina City Council Meeting Minutes August 21, 2007 326 Adams stated that Staff has been pressed by developers for a timeline for submitting land use applications. He stated that Staff has been recommending that developers wait until the comprehensive plan has been approved and after the City can set internal official controls. He stated it will be difficult to review the land use applications if they don't have the official controls in place. He stated the City will need to discuss the possibility of a moratorium on development, which is not uncommon following comprehensive plan approvals. Weir inquired if when the zoning is updated and the controls are in place, if it is possible to start looking at the applications before the Met Council has signed off on the comprehensive plan. Adams stated the official controls•can be worked on congruently during Met Council review, but Met Council approval is needed prior to accepting land -use applications. Weir stated that they should be proactive in working on the controls while there isn't a lot of work coming in. Crosby stated he has worked with Minnetrista and Maple Grove during moratoria. He stated they didn't officially process applications, but were very helpful in giving guidance during that time period. He stated the cities were interested in what the landowners would do with the new rules. He stated there needs to be a dialogue so that the landowners are not completely stopped. Batty stated that there were a large number of properties affected including huge development applications. He stated that Staff needs to be clear that it isn't part of an application process. Adams stated that a pre -development meeting with Staff would provide open dialogue. He stated there may be infrastructure issues that would be restrictive to the development. He stated that there needs to be a firm fee schedule set for the infrastructure for water and sewer, which is also a reason to wait to receive applications. Crosby stated that he is not interested in the formal acceptance of applications. Adams stated he thinks they have a fair idea of what to expect from the developers and their intent to develop on various properties. Crosby stated he thinks there should be a policy or guideline for what they will and won't do. Adams stated that setting a criteria system will assist in articulating plans to developers. The Council reached consensus that formal applications should not be accepted and there should be dialogue about developers' land -use interests. Cavanaugh inquired if there was an approximate date for the acceptance. Adams stated that it is currently expected that the comprehensive plan would be approved by the City by the end of the year. Medina City Council Meeting Minutes August 21, 2007 327 Cavanaugh stated it may make sense to begin a moratorium now to prevent applications from coming in between now and the completions of the comprehensive plan. Adams stated that he thinks the decision needs to be made when the comprehensive plan is closer to completion. Batty stated that applications would need to go through the formal process. He stated the City is only allowed one year on a moratorium. Crosby suggested Adams develop guidelines for the issues and a timeline. IX. CITY ADMINISTRATOR REPORT A. Loretto Volunteer Fire Department Fire Services Agreement Adams stated the contract is a one-year extension with Loretto. He stated a one-year extension is recommended because Loretto is considering a joint services type of approach with other jurisdictions in the future. Crosby inquired if there were any other changes. Adams stated there were no other substantive changes. Moved by Johnson, seconded by Cavanaugh, to approve Loretto Volunteer Fire Department Fire Services agreement, as requested. Motion passed unanimously. B. Medina Road and Trail Adams stated they are recommending building the trail on the south side of Medina Road in conjunction with the road overlay project. Moved by Weir, seconded by Cavanaugh, to allocate $75,000 of park dedication funds from the 2008 CIP to the 2007 CIP, as requested. Motion passed unanimously. Crosby inquired if the City has all of the right of way. Kellogg stated the trail will be placed where the existing shoulder is and he believes the City has the right of way to pave the existing shoulder. Weir clarified that there is no separation between the road and the trail except for a line. Adams stated that is correct. C. Parkview Drive Adams provided the Council with a memo related to Parkview Drive grading. D. Medina Celebration Dav Adams stated that historically it has been City's policy to not have businesses promote their services at the event. However, businesses have been involved through an annual recognition of a Medina business each year as well as promoting new developments in the City. The event was initially created to focus on educational information. He stated there have been requests to open it up to businesses. Medina City Council Meeting Minutes August 21, 2007 328 Cavanaugh stated that opening it to businesses may make it more organized ancL, interesting event for the residents. Adams stated that one concern is the limitation of space and the overall atmospl,e. e. He stated that it is too late for this year, but there should be discussion for future years,,ars about including businesses, a process for including them, and about selling goods. Cavanaugh inquired about vendors selling food. Adams stated that there are a few food businesses, but they are invited to provide a food service. X. MAYOR & CITY COUNCIL REPORTS a Weir stated that she was at a TMDL business meeting and they have received a granlxant for $410,000 to clean up Lake Independence and it is mainly for manure managementent and hauling manure off -site. Crosby clarified that this is only for the Watershed District. Weir stated it is only for Lake Independence Watershed. She stated that for each dollelbllar from a land owner $3 from the grant is contributed. She stated this occurs for the firstfirst three years and it is diminished over the course of the next three years until the landowner pays the entire amount. She stated the landowners are required to haul fon for five years. She stated that if the grant money is unused and then returned it deease*ses the chances of receiving grants in the future. She stated TMDL committees ask* if thiethe cities would contribute further money to support the landowners. She stated Medt'na'sia's challenge is to get the landowners to use the money to achieve the TMDL's phosphorous reduction. She stated if they don't use it, the City would need to pay for for the clean-up of Lake Independence. Johnson inquired about the distance the Watershed covers in Medina. Weir stated thdlithat the horse operation on Pioneer and TH 55 is in the Watershed District, but they werer)'iten't interested. She stated Natural Equestrian was interested, but the property is for sale ale now and isn't interested anymore. She stated most of the potential big polluters are ine in Lake Independence. She stated that she suggested to the committee to go to the second tier of animal owners. She inquired if they could have a discussion at a futurpure Council meeting about a subsidy for landowners to use the grant. She stated she will will find out what would be a reasonable sum for the City to subsidize. Crosby stated he is in favor of finding out the information, but he is concerned becaus*use it is costing the City a sizable amount of funding for something they have minimal responsibility for. He stated he is concerned that Loretto isn't involved in the process.ss. Weir stated that they can't do anything about Loretto. She stated that whether they ut use the grant funds or not, the City will need to pay for it. She stated they need to look at c at helping the greater common good. Crosby stated he would like to know the return on putting additional money into title a project. Medina City Council Meeting Minutes August 21, 2007 329 Adams stated the $410,000 from the grant would not be available. Crosby inquired if they would save money in the long run by utilizing the money. Weir stated they would be reducing the phosphorous in a measurable fashion. Johnson inquired if his property would be a part of the Watershed District. Weir stated she thinks he is Minnehaha Watershed District. Adams clarified that this is specifically for Lake Independence and not the broader Pioneer Creek Watershed. Johnson stated that it is an extremely small area. Weir stated that Tony Hirsch, City of Independence, approached her about meeting all of the requirements for the houses on Lake Independence to be hooked up to sewer through Medina. She stated Medina has been ready and it has been in the works for two years. She stated Medina staff has indicated that there is a hold up in receiving the appropriate documentation. Weir stated she would like the Council to recommend a meeting between the administrators and engineers of both cities to sort out the problem. Adams stated that he has been in communication with Independence and has been requesting information the Council has requested and hasn't been able to get it in proper form. He stated they have had meetings in the past to discuss the information and agreement being in satisfactory form before it is brought back before the Council. Crosby inquired if it is a disagreement about the facts. Adams stated that materials for maps and inspections that have been requested aren't clear and concise. Cavanaugh inquired if they are ready to hook up every system. Weir stated that they are ready to hook up everyone who is eligible. Adams stated that they came to the Council twice before and were requested to bring back the material and Staff is simply following that direction. Weir inquired if it is necessary to have the information if the goal is to have the lake cleaned up. She inquired if the Council could forego the decision to receive the information. Adams stated it has been discussed previously and has no objections to doing so now. Weir inquired if it could be an agenda item at a near future Council meeting and if the information requested could be simplified to get the project completed. Adams stated the only other potential delay would be the review of the agreement. Cavanaugh clarified that they are requiring everyone eligible to hook up will be required to be hooked up. Adams stated that his understanding is that everyone will be hooked up based on Council discussion. Medina City Council Meeting Minutes August 21, 2007 330 Johnson inquired if it is in writing from Independence. Adams stated he is unsure if it says that everyone has to be hooked up, but it will be reflected in the agreement. Crosby inquired when they can be hooked up and if the line is in. Adams stated the line is not in. Crosby inquired if there are failing systems, do they need to be failing for three years before they can hook up. Weir stated they shouldn't have to be failing. Adams stated that two or three years ago there were systems that were failing according to inspection reports. Weir inquired if it could come back before the Council without the documentation, but everyone must hook up within a certain time period. Johnson stated it doesn't make sense to let them pollute until the infrastructure is in place. Adams stated there has been past debate on Medina imposing restrictions on another city. Johnson stated that the whole purpose is to clean up the lake. The Council reached consensus to have this as an action item as soon as possible. Weir stated that she spoke with the part-time clerk from Loretto about the TMDL. She stated she invited her to introduce herself at a Council meeting and recommended a member of Medina's Council attend a Loretto meeting. Weir stated that she attended the TH 55 Corridor Coalition. She stated that the County will return in October to seek the City's endorsement of the recommended route. She stated that she is concemed about the intersection of TH 55 and Tamarack. She stated she has been told varying answers about the placement of a traffic light at that intersection. She stated she would like the City to conduct a study on the necessity of a traffic light. Adams stated that there will be a transportation plan that will be presented at a Comprehensive Plan Advisory Panel meeting that will outline some of these issues. Crosby stated the issue was raised at the public meeting with Hennepin County a month ago. Weir stated that it was raised, but it was glossed over. Cavanaugh stated he has had discussions with them and they said based on development there would be a traffic light placed. Xl. APPROVAL TO PAY THE BILLS Johnson requested a discussion about 031306 to Interfaith Outreach and if it is appropriate for the City to make contributions and if they are made, the process for determining the recipients of the contributions. Medina City Council Meeting Minutes August 21, 2007 331 Adams stated that because it was approved for the 2007 budget and the groups had an expectation for the funds they would be funded. He stated for the 2008 budget the Council will have a policy discussion about the contributions, which can occur this fall. Johnson inquired if there are any other contributions for 2007. Adams stated there are 3 or 4 other contributions and some of the others have already been approved. Weir stated that some of the programs serve their community. Johnson stated that he thinks they should honor their commitments, but there should be a policy discussion. Adams stated they also need to discuss the legal procedures for the contributions, which Ron Batty will provide advice on later as well. Batty stated that they can't make charitable contributions, but the contributions need to be to organizations that provide services the City could do if they chose to do them. Johnson inquired about the work done by Interfaith Outreach. Weir stated they provide housing, clothing, food shelves, and counseling. Adams stated other funded programs focus on youth and juveniles, senior transportation, etc.. Moved by Johnson, seconded by Weir, to approve the bills, order check numbers 031271-031342 for $252,148.17, payroll check numbers 020088-020093 and 500707- 500732 for $39,310.59, and e-checks and vendor payments 000070E-000074E and 031269-031270 for $23,389.41. Motion passed unanimously. XII. ADJOURN Moved by Weir, seconded by Cavanaugh, to adjourn the meeting at 9:25 p.m. Motion passed unanimously. T. T.M. Crosby, Jr., Mayor Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes August 21, 2007 332 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes August 21, 2007 333 ORDER CHECKS - AUGUST 21, 2007 031271 ACCLAIM BENEFITS-MO.ADM.FEES $64.35 031272 ACCURINT $53.00 031273 ALLEGRA PRINT & IMAGING $658.00 031274 ALTERNATIVE BUSINESS FURNITURE $2,288.76 031275 AMEM $180.00 031276 AMERICAN SUPPLY GROUP $91.46 031277 AMERIPRIDE LINEN & APPAREL SVC $210.81 031278 BATTERIES PLUS $28.22 031279 BNSF RAILWAY CO. $1,200.00 031280 BONESTROO, ROSENE, ANDERLIK $133,848.69 031281 BRYAN ROCK PRODUCTS $975.93 031282 BUDGET PRINTING $181.57 031283 CARQUEST AUTO PARTS $187.32 031284 CENTERPOINT ENERGY $284.89 031285 CIPHER LABORATORIES $562.50 031286 COMMERCIAL ASPHALT CO $3,470.85 031287 CULLIGAN $82.06 031288 DEEP ROCK WATER COMPANY $73.08 031289 ELAN FINANCIAL SERVICE $856.27 031290 ELITE CLEANERS & LAUNDERERS $12.47 031291 EULL'S MANUFACTURING CO $20.32 031292 EXXONMOBIL $251.12 031293 FORTIN HARDWARE $232.65 031294 FRONTIER $59.17 031295 GENUINE PARTS CO. - MPLS $399.63 031296 GOPHER STATE ONE CALL $452.80 031297 HACH COMPANY $474.56 031298 HAMEL BUILDING CENTER $169.68 031299 HAWKINS INC $4,318.19 031300 HENNEPIN CO.TREAS.(JAIL SVC.) $69.50 031301 HENNEPIN COOPERATIVE SEED EXCH $908.46 031302 HENNEPIN COUNTY 1NFO.TECH.DEPT $809.40 031303 HENNEPIN COUNTY SHERIFF $64.65 031304 HOMEBASE OFFICE FURNITURE $395.64 031305 HOSTINGMINNESOTA.COM $24.95 031306 INTERFAITH OUTREACH $4,500.00 031307 INTERSTATE BATTERY SYSTEM $81.95 031308 J & B LAWN, TREE & STUMP $4,075.00 031309 KD & COMPANY $38.85 031310 KELLY'S WRECKER SERVICE $79.98 031311 KNIFE RIVER CORPORATION $10,065.48 031312 KODET ARCHITECTURAL GROUP LTD $613.94 031313 LECY CONST. $10,000.00 031314 LUBES UNLIMITED D/B/A MAYER $12,525.75 031315 MAYER, RANDY LTD $159.75 031316 MEDIACOM $79.95 Medina City Council August21, 2007 334 ORDER CHECKS - AUGUST 21, 2007 (CONT'D) 031317 MEDICA $228.00 031318 METRO WEST INSPECTION $14,352.35 031319 METRO.COUNCIL ENVIRO. SERVICES $13,042.83 031320 METROPOLITAN COUNCIL WASTEWTR $1,658.25 031321 NELSON ELECTRIC MOTOR REPAIR $3,039.16 031322 OFFICE DEPOT $58.69 031323 OMANN SHINGLE RECYCLING $2,104.44 031324 ON SITE SANITATION $319.95 031325 OTTEN BROS. NURSERY $254.84 031326 QWEST $592.11 031327 SALVERDA, DONALD & ASSOC. $300.00 031328 SHERWIN-WILLIAMS CO $116.94 031329 SOUTH LAKE MTKA. POLICE DEPT $11.24 031330 ST. PAUL STAMP WORKS $68.86 031331 STREICHER'S $220.85 031332 SUN PRESS & NEWSPAPERS $442.80 031333 TALLEN & BAERTSCHI $2,752.18 031334 T-MOBILE $276.45 031335 TOTAL TOOL $2,484.97 031336 TWIN CITY OXYGEN $35.05 031337 TWIN CITY WATER CLINIC $40.00 031338 UNLIMITED SUPPLIES $374.14 031339 WASTE MANAGEMENT-TC WEST $3,471.54 031340 WESTSIDE EQUIPMENT $177.00 031341 XCEL ENERGY $9,255.63 031342 ZEP MANUFACTURING $288.30 020088 020089 020090 020091 020092 020093 500707 500708 500709 500710 500711 500712 500713 500714 500715 500716 500717 500718 Medina City Council August 21, 2007 $252,148.17 PAYROLL CHECKS - AUGUST 6, 2007 SMITH, CAROLYN A. $230.87 CONVERSE, KEITH A $3,444.69 VIEAU, CECILIA M $1,037.55 CROSBY, THOMAS M. JR $327.07 JOHNSON, DANIEL $230.87 KOTTKE, DAVID E. $431.09 ADAMS, CHAD M. $2,288.66 SCHERER, STEVEN T $1,779.61 MCGILL, CHRISTOPHER R. $2,072.56 HALL, DAVID M. $1,728.02 DRESSEL, ROBERT P. $1,237.38 BELLAND, EDGAR J $2,476.10 VIEAU, CECILIA M $1.00 DINGMANN, IVAN W $1,309.14 SULANDER, LAURA L. $1,338.45 BOECKER, KEVIN D $1,943.76 CAVANAUGH, JOSEPH $230.87 WEIR, ELIZABETH V. $230.87 335 PAYROLL CHECKS - AUGUST 6, 2007 (CONT'D) 500719 GREGORY, THOMAS $1,866.37 500720 NELSON, JASON $2,408.64 500721 VINCK, JOHN J. $1,329.81 500722 FINKE, DUSTIN D. $1,393.38 500723 MAROHNIC, NICHOLAS $592.95 500724 DAY, JEANNE M. $1,962.10 500725 DOMINO, CHARMANE $1,198.01 500726 WUNSCH, JODI M. $1,009.50 500727 LEUER, GREGORY J $1,380.68 500728 LANE, LINDA $1,024.30 500729 HANSEN, DALLAS W $491.06 500730 ELBERT, ANDREW D. $762.46 500731 JESSEN, JEREMIAH S. $1,089.19 500732 RITTER, JAMESON M $463.58 $39,310.59 E CHECKS & VENDOR PYTS. 8-6-07 PAYROLL 000070E PR PERA $8,282.14 000071E PR FED/FIC $5,648.24 000072E PR MN DEFERRED COMP $1,115.00 000073E PR STATE OF MINNESOTA $2,371.51 000074E PR FED/FICA $5,300.98 031269 MINNESOTA CHILD SUPP. PYT.CTR. $537.69 031270 OFFICE OF CHILD SUPPORT ENFORC $133.85 $23,389.41 Medina City Council August 21, 2007 336 (THIS PAGE LEA BLANK INTENTIONALLY) Medina City Council August 21, 2007