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HomeMy Public PortalAbout10/16/07 CCM405 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 16, 2007 The City Council of Medina, Minnesota met in regular session on October 16, 2007 at 7:00 p.m. in the City Hall Chambers. Mayor Crosby presided. I. ROLL CALL Members present: Crosby, Smith, Weir, and Johnson. Members absent: Cavanaugh. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Police Chief Ed Belland, City Planning Consultant Andrew Gitzlaff, 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 the truck traffic count quote to the Administrator Report. The agenda was accepted as presented. IV. APPROVAL OF MINUTES A. Approval of the October 2, 2007 Regular City Council Meeting Minutes It was noted on page 3, the eighth paragraph, it should state: "Crosby stated... He stated that in the case of subdivisions, the City wouldn't eha g , *� permit private land use agreements ' superior to the City's subdivision regulations." It was noted on page 5, the tenth paragraph, it should state: "Johnson inquired...Batty stated that by law it is non trans;fcrablo runs with the land." It was noted on page 8, the eighth paragraph, it should state: "Weir stated that they have allowed lawyers from outside the City to speak so they should allow others." It was noted on page 10, the seventh paragraph, it should state: "Weir stated...She stated that churches have special uses provide therapeutic services...." It was noted on page 10, the eighth paragraph, it should state: "Johnson stated...He stated this use for the property is not fight appropriate." It was noted on page 11, the eighth paragraph, it should state: "Weir stated if the issue is the road, they shouldn't amend the ordinance and it may be better to rescind it after the CUP is finalized." It was noted on page 16, the eighth paragraph, it should state: "Weir stated...and it will RAFT kill the trees." Medina City Council Meeting Minutes October 16, 2007 405 406 Moved by Smith, seconded by Johnson, to approve the October 2, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Accept Donation from Thomas M. Crosby, Jr. and Allocate to General Fund B. Approve Tobacco License for Liquor Depot at 4355 Hwy 55 Effective November 1, 2008 C. Approve Raffle Permit for the Tribute to the Troops at the Medina Entertainment Center on September 7, 2008 D. Approve Change Order for Well No. 6 Raw Water Supply Line E. Authorize City Administrator to Post for Administration Internship and Appoint Position F. Resolution Granting Extension of Time to File Final Plat for Wetterstrom Addition Amending Resolution 2007-40 G. Resolution Granting Extension of Time to File Final Plat for Tomahawk Acres Amending Resolution 2007-38 H. Approve Supplemental Assessment Agreement with Church of St. Anne Moved by Smith, seconded by Weir, to approve the consent agenda. Motion passed unanimously. VI. PRESENTATION A. West Hennepin Pioneer's Association- Bob Gasch and Tom Turnham Bob Gasch, representative from West Hennepin Pioneer's Association, presented information about the Hennepin County bridge; work done at the Pioneer Museum; various pictures of settlers who lived in the area, their lifestyles, and roads; and the capital campaign. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda Bob Franklin, 2819 Lakeshore Avenue, requested the Council take another look at taking back the county roads and the initial reasons the County took the roads. He stated that as property values increase taxes increase. He stated the County agreed to take one tenth of the roads in Medina, which were then designated as park access roads. He stated park access roads might not be the best use for truck traffic. Crosby stated Staff and the Council is taking this issue cautiously and studying the situation. B. Park Commission Galen Bruer, Park Commissioner, stated they will be looking at the trail study for implementing new trails; the CR 19 trail extension; and the entrance plaza at Hamel Legion Park. Smith stated the County is cutting trees and bushes on their property in preparation for the trail at Lake Independence. Medina City Council Meeting Minutes October 16, 2007 406 407 C. Planning Commission Benetti stated there is an amendment on the Council agenda for the animal -assisted therapy as recommended by the Commission. He stated they discussed the tree preservation ordinance and the cemetery ordinance and these items will be brought to the Council. VIII. OLD BUSINESS A. Turnguist/MnLINC Animal Assisted Therapy 1. Ordinance Related to Regulations Related to Animal Assisted Therapy as a Conditional Use in the Rural Residential Zoning District; Amending Section 826.98, Subdivision 2 (o) Crosby stated he appreciates the open and articulate way this issue has been handled. He stated the Council has a good understanding of the issue and the process has served well. Crosby inquired if the resolution would need to be acted on. Batty stated the CUP needs to be acted on by the end of November and there is no timeframe for amending the ordinance. Benetti stated this item was brought to the Planning Commission to create an amendment to the ordinance and there was a public hearing. He summarized the motions made at the previous meetings. Smith stated until the ordinance can be rescinded, the acreage should be changed from 15 acres to 75 acres. She stated the recommended amendment doesn't disallow the applicant, but it does decrease the possibility of a donation of 15 acres for an animal - assisted therapy facility. Crosby stated he would like to add the language from the staff report on limiting use of clientele. Discussion was held on the language used in the staff report for the ordinance and for the staff report relating to the CUP. Moved by Smith, seconded by Johnson, to approve the changes to the ordinance with changes to the acreage and clientele use, as recommended in the staff report. Adams inquired if there should be a discussion about the CUP first before approving the ordinance to allow for any additional changes or rescinding of the ordinance if necessary. Batty stated that if the amendment to the ordinance is adopted, it means the ordinance is in place and the CUP will need to be considered with the amended ordinance. Smith stated the ordinance stands until it is rescinded. Johnson stated regardless if changes were made to the ordinance, the CUP would need to be considered with whichever ordinance was in place. Batty stated the CUP needs to be evaluated against the original or amended ordinance whichever is in place. Medina City Council Meeting Minutes October 16, 2007 407 408 Motion passed unanimously. 2. Resolution Granting Conditional Use Permit for Animal Assisted Therapy Facility at 2000 Chestnut Road Benetti summarized the changes in the conditions of the CUP including the road maintenance; staff round -trips; days of operation; clarification in the student to staff ratio; the number of dogs; and the language of the temporary tenure of the AAT facility. He stated the age restrictions were not included. Crosby inquired about two conditions that appear similar. Benetti stated the two conditions could be turned into one condition. Crosby inquired how the original CUP would be implemented in two years. Batty suggested that in two years the City would adopt a resolution revoking the CUP and substitute the relevant terms from the initial CUP. Crosby stated that it is possible for the AAT to not operate for 30 days and the CUP would then be revoked. Batty stated if that were to occur, the applicant or Staff would be able to have the Council revoke the CUP. Weir inquired if there would be an issue with the CUP since the original CUP was for one parcel. Batty stated enacting a third CUP would allow the opportunity for it to apply to one or both parcels. Crosby suggested an age qualifier be added to the CUP. Weir concurred. Crosby stated there were discussions between the land owner and the neighbors about a private time agreement. Jim Lane, counsel for the Tumquists, stated the Turnquists voluntarily offered to relinquish AAT use after two years to the City and also to the adjacent property owners. He stated he is not aware of a response from their attorneys. Johnson inquired when the offer was made. Lane stated it was made this afternoon. Smith inquired how the offer was made. Lane stated it was communicated through the attorneys. Bill Bryson, 3082 Willow Drive, stated his property is adjacent to the Turnquist's property and he has not received an offer. Jeff Dobbs, 1772 Morgan Road, stated his attorneys received the offer, but have not had the opportunity to fully evaluate it. Smith stated that Cavanaugh requested the applicant work with the neighbors to create a list of conditions and an agreement and inquired if it occurred. Crosby stated Dobbs gave him a list of items they would like incorporated. He stated one of the items is to Medina City Council Meeting Minutes October 16, 2007 408 409 have the Tumquists enter into an agreement stating the AAT will be there for two years. He stated he doesn't think it is appropriate for the City to act based on an agreement between two private parties. Batty stated the City should make its decisions independent of private agreements. Johnson stated there has been dialog and movement toward a consensus. He stated a private agreement doesn't exist at this point in time and the City wouldn't be a part of a private agreement. He stated he discussed with Batty the possibility of an interim use permit. He stated a broader interpretation of transitional use when applied to interim use permits would allow for a two year maximum. He inquired if it would be possible to have an interim use permit and the implications. Batty stated the statute allows cities to create interim use permits and explained the process for them. He stated one difference between an interim use permit and CUP is the ability to have more discretion with the interim use permit. He stated the statute allows the City to establish conditions the applicant has to agree to. He stated some of the issues that have been discussed would be lessened with the interim use permit. Johnson inquired if the conditions in the CUP could be transferred to an interim use permit and if the concerns from the neighbors could be added. Smith stated it appears the interim use permit is the best compromise for everyone involved. Batty stated the conditions are more enforceable under an interim use permit. He stated it doesn't guarantee the property owner to operate because the City can terminate it by changing the zoning ordinance. He stated there is a greater ability to enforce the conditions with the caveat that someone could contest if it was the appropriate land use tool. Johnson stated if it addresses the issues, there might be agreement to not contest it. He stated the intent is to have an agreement with all of the parties involved. He stated if an interim use permit was started there would be a slight delay for MnLINC, but it would resolve the issue of rescinding the ordinance and address the residents' concerns. Weir stated some of the concerned residents have lawyers who could challenge the land use. She stated they would be switching one concern for another. Crosby inquired if handling the time issue is Johnson's concern. Johnson stated his concern is handling it in a way that is satisfactory to the various parties. Crosby inquired about the timing if an interim use permit was to be implemented. Adams stated the IUP would be reviewed at the November 13th meeting and it would be back to the Council on November 20th, which is within the same time constraint as the CUP. Batty stated the ordinance requires 10 days published notice and 10 days mailed notice. He stated the burden will be on the applicant to submit the application and for Staff to review it. Medina City Council Meeting Minutes October 16, 2007 409 410 Johnson inquired if they could leave the CUP in place and begin the interim use permit process until it was determined which permit would be used. Crosby stated if the residents had a private agreement there wouldn't need to be an interim use permit. Johnson stated it has been an issue that has divided the community and he would like to see them come together. He stated at the same meeting the interim use permit and the CUP would be ready for a decision either way. Weir stated that not all of the residents will be in agreement. Crosby stated a private agreement between the Turnquists and each resident could be enforced. Johnson stated an interim use permit would eliminate the issue of an agreement regarding the length of time. Crosby inquired if there needs to be a resolution to move forward with both types of permits. Batty stated there doesn't need to be resolution, but the CUP needs to be acted on or withdrawn by November 20, 2007. Smith stated there needs to be a deadline for an agreement to be reached by the neighbors to allow time to publish for a hearing. She stated her preference is for the interim use permit. Johnson stated his preference is the interim use permits, but if there was an agreement by the adjacent property owners, then a CUP should be used. Crosby stated there are two alternatives for the parties, a CUP with a private agreement or an interim use permit. He inquired if conditions on the current CUP would be on the interim use permits. The Council agreed that the conditions would be the same for the interim use permit. Smith stated her issue is that the ordinance should state that AAT needs to be on an arterial road. Weir inquired about the timeline. Adams stated the legal notice would need to be turned in to the newspaper by October 25, 2007, which would be published on October 29. Benetti inquired if the City has the legal ability to have the applicant submit another application while the CUP application is open. Batty stated the CUP application would not need to be withdrawn. Benetti stated the materials for the interim use permit would need to be submitted by late next week because some of the items for the interim use permit are slightly different. Medina City Council Meeting Minutes October 16, 2007 410 411 Johnson inquired if they could get receive feedback from the residents. Crosby stated he wouldn't want the discussion to get into the issues of the situation. Moved by Smith, seconded by Johnson, to table the CUP discussion until the November 6, 2007 Council meeting, as requested. Motion passed unanimously. B. County State Aid Highway 101 Pedestrian Crossing Adams stated this issue has been before the Council previously. He stated the options for the pedestrian crossing included the possibility of a pedestrian overpass, but the high cost estimate was considered to not be an altemative. Crosby stated he met with Penny Steele, Hennepin County Commissioner, and Jim Grube, Chief Engineer, and discussed the possibility of tunnels. He stated the County acknowledged that it is a problem and there is potential funding. Crosby stated he plans to write a letter to them stating it is a priority issue. Smith stated crossing the intersection of TH 101 by TH 55 is not acceptable. Eleanor Degman, 100 Clydesdale Trail and Gramercy, stated she appreciates the conversations with Hennepin County. She stated it is dangerous to cross the road at that location. Crosby stated letters and petitions to Hennepin County would be helpful. Al Grundei, 3708 Lilac Drive, stated he is on the board of the Medina Highlands Homeowners Association. He stated a tunnel would be a good idea, but these things typically take a long time. He stated a temporary crosswalk would be beneficial. Crosby stated one of the issues of a crosswalk is that there isn't a light. Smith stated that it is done that way all over. Grundei suggested a flashing light with a pedestrian crossing sign. Belland stated that Loretto has one like that. He stated one of the issues is the right hand turn because the traffic is not controlled. Kellogg stated the safest crossing is at TH 55 and TH 101, but it would require reconfiguring the intersection. He suggested contacting the County to see if there are interim solutions. Kellogg stated there is 17 feet on the side of TH 101 to allow for the construction of a trail. C. United Properties- Hamel Station at 3575 Sioux Drive 1. Resolution Approving Amended Final Site Plan 2. Resolution Approving Final Plat Approval 3. Approval of Development Agreement 4. Approval of Petition and Waiver Agreement Medina City Council Meeting Minutes October 16, 2007 411 412 Gitzlaff summarized the previous discussions about the final site plans and final plat approval. He stated the applicant is requesting the final site plan and final plat approval be approved with the condition that the legal description be resolved with the Met Council. He stated the applicant would like to have the resolutions approved to begin the work on the site. He stated the expiration for the City review period is October 17, 2007 with the possibility of an extension until December 15, 2007. He stated Staff recommends tabling the discussion until the examiners report has been reviewed. Batty stated there are some problems with the legal descriptions because of previous condemnations resulting in a portion of the property being owned by the Met Council. He stated the report from the examiner was received yesterday, but not reviewed in depth. Batty stated the prepared resolution states that the plat won't be signed until the issue is resolved. Weir stated the process has been slow and she would like it to move forward. Moved by Johnson, seconded by Weir, to approve the amended the amended site plan and variance approval at Uptown Hamel Retail Development located at 3575 Sioux Drive represented by United Properties; adopt resolution granting final plat approval; approve the development agreement; and approve the petition and waiver agreement, as requested. Eric Simmer stated they have not had the opportunity to review the development agreement and is unsure of what is being approved with that resolution. Batty stated it is a standard development agreement and he would provide Simmer with a copy of it. He stated a petition and waiver agreement preserves the City's ability to have the developers build the improvements within a 10 year period. Motion passed unanimously. D. Tri-Citv Sanitary Services Agreement with City of Independence and City of Greenfield 1. Approval of Second Amendment to Agreement Adams stated the City has concluded discussions regarding the sewer system. He stated they have discussed 50 connections, but that doesn't allow for the connections of the YMCA and Vinland Center. Roger Larson, MCES representative, explained the history of building the sewer system. He stated Independence would like to hook up the properties since it is in everyone's best interest. He stated the sewer systems are non -conforming and the watershed flows directly into Lake Independence. He stated the current system is adequate if the systems are pumped during off-peak hours. He stated the calculations for addressing the need for the volume. He stated the YMCA and Vinland would be connected with a separate pipe and would require an additional 70 units, possibly to be stored then pumped during off-peak hours. Weir inquired about the location of storage if they are pumped during off-peak hours. She inquired about how the communities feel about being required to hook up. Larson stated that they have not been approached at this time. Medina City Council Meeting Minutes October 16, 2007 412 413 Crosby stated he didn't previously understand that Camp Ihduhapi and Vinland were part of the discussions. Adams stated the City wanted everything around the lake inspected, but the Vinland and Iduhapi were not in the request for the 50 units. Crosby stated he thought the issue was that once it was available everyone would be required to hook up. Weir stated they would be required to hook up within twelve months. Smith inquired about a specific area being hooked up. Larson stated that it has not been requested to hook up. He stated they are proposing the systems be inspected every two years and they would be required to upgrade their systems accordingly. He stated the distance prohibits them from being hooked up within a reasonable cost. Smith inquired if they fail, if they would need to be upgraded. Larson stated they would need to be upgraded. Scherer inquired about the number of units in two areas. Larson stated they are the original units and explained the location of the lift station. Crosby inquired if Staff is comfortable with the agreement. Adams stated Staff has no objections to the 50 connections and it is a policy question for the Council if they want to include Vinland and the YMCA. Scherer stated that if they would be tied in, then the City would need to extend the force main. Weir inquired if the YMCA and Vinland are required to have inspections every two years. Larson stated they are required to have inspections annually. Moved by Smith, seconded by Weir, to approve agreement for the 50 connections, as requested. Motion passed unanimously. 2. Resolution Supporting Independence Sanitary Sewer Connection to Metropolitan Council Larson stated they received comments from Medina to adjust the Tri-City agreement to get Met Council agreement. He stated the Met Council wants agreement with Medina prior to signing the agreement. He stated the issue is that they want to clean up Lake Independence. Move by Smith, seconded by Weir, to approve the resolution supporting Independence sanitary sewer connection to the Metropolitan Council, as requested. Motion passed unanimously. IX. NEW BUSINESS A. Solid Waste, Recycling and Organics Collection Proposals Medina City Council Meeting Minutes October 16, 2007 413 414 Adams stated the review team recommended Randy's Sanitation Services for all of the services and for all three zones. Smith stated Randy's added some options for the residents. She stated they are doing organics in Wayzata and Loretto and would like it to be offered to Medina residents resulting in less garbage. Weir stated using organics would allow for the garbage to be picked up every two weeks. Johnson inquired if allowing the bids to be placed for all three zones was a good process. Smith stated she isn't sure they received the best possible price by instead not negotiating the agreement, but Randy's Sanitation went beyond what the other haulers did through the RFP. Crosby inquired if organics is an optional service. Smith stated it is an optional service and the garbage could be picked up bi-weekly. Jim Wollschlager stated if the size of the cart was reduced and there was a bi-weekly pick up, there would be a savings with the organics. Crosby inquired what was meant by two -sort. Smith stated it is separating the fiber from the other recycling. Wollschlager stated they were able to offer the rebate on the fiber is because the recycling is two -sort. Crosby inquired about who is presently doing the recycling. Adams stated Waste Management is doing the recycling through the West Hennepin Recycling Commission. Crosby inquired if this would require a change in times for the City. Wollschlager stated everything will be on the same day. Crosby inquired if the recycling would need to be taken to the end of the driveway. Wollschlager stated that it would. Johnson inquired if the trash was picked up at the house, if recycling would be picked up at the house. Wollschlager stated the recycling would need to be taken to the curb. Crosby inquired if it is an increase in the current rates. Wollschlager stated it is a cost reduction with them. Smith stated the haulers don't have to pay an additional fee for garbage. Crosby inquired if anyone bid on the separate zones. Adams stated everyone bid on all three zones at an equal rate, with the exception that Allied only bid on recycling. Moved by Weir, seconded by Johnson, to direct Staff to prepare a license agreement with Randy's Sanitation for recycling, waste, and organics collection, as requested. Medina City Council Meeting Minutes October 16, 2007 414 415 Adams stated it would be effective January 1, 2008. He stated they would like some language for the organics in regards to a pilot program or a city wide program. Smith stated she would like it to be city wide and there is a grant from Hennepin County the City can use for containers. She stated there was a pilot program in Wayzata and a lot of people are using the program. Wollschlager stated the carts were recently delivered in Loretto and only two people chose not to participate. Crosby inquired if Wednesday would be the service day and how to notify the citizens who currently have different days. Wollschlager stated they would continue pick up on Wednesdays. Weir stated there will be a need for some education for the organics. Smith stated she would like to find out how many carts they can get with the grant money. Wollschlager stated currently there are approximately 100 residents within their zone being serviced by another service without a license to haul in Medina. Adams stated they will need to be serviced by Randy's. Motion passed unanimously. B. Planning Commission Appointment Crosby stated there are two applicants, but no has been appointed. Adams inquired if they should wait until the first of the year or if they should appoint someone for the remaining two months. Crosby inquired how many openings there will be. Weir stated that she isn't aware of anyone not continuing. Smith stated an inexperienced planning commissioner may not be beneficial to the process of the comprehensive plan public hearing. Weir stated the two applicants should be notified about the delay in the appointment. C. 2008 Benefit Plan 1. Approval of Flexible Spending Account Plan Adams stated the FSA plan is a new benefit discussed earlier in work sessions and will be effective January 1, 2008. Smith inquired if it has been presented to Staff and if there is anyone not in favor of it. Day stated there will be an open enrollment meeting and other information has been distributed. Medina City Council Meeting Minutes October 16, 2007 415 416 Moved by Smith, seconded by Weir, to approve the Flexible Spending Account Plan, as requested. Motion passed unanimously. 2. Approval of Health, Dental, and Life Insurance Rates Adams stated the big change in the plan is changing from Medica to Health Partners. He stated employees will be able to discuss it at the open enrollment meeting. Smith inquired about how the rates compare to the current rates. Day stated it is an average of a 9% increase for all users within the consortium. Moved by Smith, seconded by Weir, to approve the Health, Dental, and Life Insurance Rates, as requested. Motion passed unanimously. D. Truck Traffic Count Adams stated the truck traffic count will cost $340 and there is still opportunity to do it this fall. Crosby inquired about the location for the counts. Adams stated it will be on Homestead and Parkview. Moved by Johnson, seconded by Weir, to authorize Staff to put the truck traffic counting mechanisms on Parkview and Homestead Trail, as requested. Motion passed unanimously. IX. CITY ADMINISTRATOR REPORT A. Holy Name Road Traffic Report Belland stated there was a request from citizens to place two stop signs on Holy Name Road. He stated there haven't been any complaints since the signs were placed. He stated the support for the stop signs varied. He stated the speed and overall traffic has decreased because it is inconvenient to stop twice. He stated the Lakeview stop sign addresses a safety issue and the stop sign at Cheyenne slows down the traffic. He recommended leaving both signs. Kathy Reese, 400 Cheyenne Trail, stated she spoke with the neighbors on Cheyenne Trail and it effectively controls the speed limit and to enter into the traffic safely. She stated it is unnecessary to have two stop signs a short distance apart. Belland stated Lakeview has the same visual effect as Cheyenne and has heard similar comments from the Lakeview residents. Crosby stated the stop signs worked and the public safety issue would be for the Police Chief to monitor. Smith inquired about potential locations for other stop signs. Belland stated there will probably be more requests for stop signs. He stated the City may need to develop a policy for the locations. Crosby inquired if there is a way to deal with the offending trees and if they are in City right-of-ways. Scherer stated some of the trees are in the right-of-way. Medina City Council Meeting Minutes October 16, 2007 416 417 Crosby stated he would like to improve the safety elements and two stop signs might be overkill. B. Finance Director Quarterly Update Day presented an overview of the general fund for the 3rd quarter including the reimbursables for planning and zoning; projected balances; general government; water fund; depreciation; professional services; and sewer operating activity. Crosby stated it appears the funds are what was expected and the projected balance in the general fund will be about $109,000. C. City Hall Closure on Monday, December 24 Adams presented four options for holiday or vacation status used for December 24. Staff prefers to declare December 24 as a holiday. Weir inquired if it would set a precedence. Adams stated it has been done in the past and only on Mondays. Smith commended staff on their hard work this year and stated she is in favor of the paid holiday. Moved by Johnson, seconded by Smith, to approve an additional paid holiday on December 24, 2007, as requested. Motion passed unanimously. D. Pittsburgh ICMA Adams stated there were a variety of initiatives being implemented by various cities in attendance at the conference. He stated he came back with a lot of material to assist with the smart growth planning and thanked the Council for allowing him to attend. Crosby stated he would like time to discuss the information gained from the conference. Adams stated that Austin, TX is a bold leader in environmental practices. Weir stated she would like to read the information and have it as a discussion item. Smith stated they also need to heed the water shortage that is occurring in Atlanta, GA. E. Billings Adams stated they have been doing some clean-up for the billings and there are some residents objecting to the fees. He stated Staff isn't sure how to bill the time for the Turnquists for all of the revisions. Weir stated in May it was determined that interim use permits weren't appropriate and now this is the path they are following. She stated it isn't fair to put all the cost on the Turnquists. Smith suggested they pay for all of the costs up to this point. Medina City Council Meeting Minutes October 16, 2007 417 418 Crosby stated it would be easier fo discuss if he knew the figures. He stated the Turnquists followed the rules and there was a delay because the residents didn't pay attention to it. Smith stated the Council decided not to notice all rural residential about the change. Crosby stated the notice went out on the CUP, not on the ordinance. Smith stated it also should have been for the ordinance. Johnson stated people often don't understand it when they receive it. Weir stated she would like to know the costs involved and consider sharing the costs. Adams stated he will bring back a cost allocation summary through this meeting. F. 2008 Workplan Adams stated they are behind on the goals for the third and fourth quarter goals for the 2008 workplan. He stated much of it is due to the work on the comprehensive plan and other projects that have recently been made priorities. G. Newsletter Adams stated the newsletter will contain information about the comprehensive plan, the budget, the facilities review, and Uptown Hamel. Crosby stated it is the last one mailed before the budget hearing in December. He inquired if there will be a separate mailing for the garbage collection. Smith stated she would like to assist with the education piece of the garbage. X. MAYOR & CITY COUNCIL REPORTS Weir stated she attended an Uptown Hamel meeting and opinions were expressed that the City is not moving fast enough on Hamel Road, which is delaying development in Uptown Hamel. She stated it was expressed the City is unhelpful with business applications. Crosby inquired if it was with business applications or applications with developers. Adams stated his understanding was that it was in reference to development projects, since the City does not issue business licenses. Weir stated the developers are looking for a can do approach. Crosby stated he thinks it is an issue of how the rules are delivered. Smith stated there previously was discussion about a business group. Crosby stated it would be good to invite the businesses to have a discussion. Medina City Council Meeting Minutes October 16, 2007 418 419 Smith inquired if the City knew the results from an inspection. Adams stated the inspector attempted to deliver the notice multiple times and the intent of the notice was for the business to work towards meeting the standards. Weir inquired how businesses are notified that they need to have a permit of occupancy. Benetti stated a business license is typically a trigger mechanism with a nominal fee to allow for the inspection in other communities. Weir inquired how the City becomes aware of new uses. Benetti stated typically it is the responsibility of the owner/tenant to notify the City. Weir inquired if property sellers should let potential buyers who intend to put in a restaurant know about the requirement for a certificate of occupancy. Benetti stated there are various inspections for restaurants. Crosby stated he spoke with Penny Steele about the path on CR 19, the county roads, and the public works facility. He stated the architect hired by the City advocated having the public works located with Hennepin County. He stated a free standing site wouldn't be an option, but they could add on to the current building to the County's specifications. He stated there was no guarantee about the length of time the City could be there. He stated it would be possible to coordinate some of the services. Crosby stated the County would like to retain Hamel Road because it is a route used by them. He stated the County could do either way for the other roads. He stated the County is willing to put up signs on Homestead suggesting trucks don't use that route. Crosby stated the concern about the trail is the size. He stated there might be some funds in the bike gap fund. He stated he will write separate letters to the County about CR 101 and the trail. Xl. APPROVAL TO PAY THE BILLS Moved by Johnson, seconded by Weir, to approve the bills, order check numbers 031539-031597 for $351,848.68, payroll check numbers 020108-020114 and 500809- 500834 for $39,116.07, and vendor checks and E-checks 000102-000107 and 031537- 031538 for $24,979.32. Motion passed unanimously. XII. ADJOURN Moved by Johnson, seconded by Weir, to adjou passed unanimously. Attest: Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes October 16, 2007 the meeting at 10:20 p.m. Motion C = rolyn A. Smi ng Mayor 419 420 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes October 16, 2007 420 421 ORDER CHECKS - OCTOBER 16, 2007 031539 ACCLAIM BENEFITS-MO.ADM.FEES $69.30 031540 ACCURINT $52.50 031541 AMERICAN PLANNING ASSOCIATION $270.00 031542 AMERIPRIDE LINEN & APPAREL SVC $106.77 031543 ANDERSEN, EARL F $4,170.54 031544 ANNANDALE TACTICAL TRAINING CT $638.00 031545 ARMOR HOLDINGS FORENSICS, INC. $158.79 031546 BAERTSCHI, PAUL $115.00 031547 BUDGET PRINTING $183.33 031548 CENTERPOINT ENERGY $283.62 031549 COLLISION CORNER $347.31 031550 CULLIGAN $99.10 031551 ELAN FINANCIAL SERVICE $3,218.58 031552 ELLINGSON DRAINAGE, INC. $193,523.71 031553 EULL'S MANUFACTURING CO. $677.34 031554 FORTIN HARDWARE $85.55 031555 FRONTIER $59.15 031556 GARY'S DIESEL SERVICE $3,542.51 031557 GENUINE PARTS CO. - MPLS $169.90 031558 HAMEL FIRE DEPT $67,806.22 031559 HENNEPIN CO.TREAS.(JAIL SVC.) $41.00 031560 HENNEPIN COUNTY INFO.TECH.DEPT $1,327.99 031561 HIGHWAY 55 RENTAL $877.34 031562 J & B LAWN, TREE & STUMP $4,075.00 031563 KELLY'S WRECKER SERVICE $307.14 031564 KONICA MINOLTA BUS. SOLUTIONS $1,060.50 031565 LAWN KING, INC $659.78 031566 LORETTO FIRE DEPT $17,483.10 031567 MEDTRONIC PHYSIO-CONTROL $418.32 031568 METRO WEST INSPECTION $13,311.55 031569 METROPOLITAN COUNCIL WASTEWTR $6,633.00 031570 MINN. CHIEF'S OF POLICE ASSN. $105.00 031571 MINNESOTA STATE TREASURER $3,339.26 031572 MINNETRISTA & ST. BONI CRIMEFD $30.00 031573 OFFICE DEPOT $102.55 031574 OFFICE OF THE SEC. OF STATE $40.00 031575 ON SITE SANITATION $319.95 031576 ORONO, CITY OF $3,720.48 031577 OTTEN, DOUGLAS $708.25 031578 PRIORITY ONE FORKLIFT SVC. $763.62 031579 PRUDENTIAL INSURANCE CO. OF AM $388.78 031580 QWEST $592.11 031581 SHERWIN-WILLIAMS CO. $128.79 031582 STREICHER'S $557.00 031583 TALLEN & BAERTSCHI $4,202.76 031584 TIME SAVER OFF SITE SEC. $332.85 Medina City Council October 16, 2007 422 ORDER CHECKS - OCTOBER 16, 2007 (CONT'D) 031585 T-MOBILE $276.66 031586 TWIN CITY OXYGEN $42.55 031587 TWIN CITY WATER CLINIC $50.00 031588 U.S. POSTAL SERVICE $500.00 031589 UNION SECURITY INS. CO. $427.59 031590 VALVOLINE FLEET SERVICES $112.60 031591 VERIZON WIRELESS $23.62 031592 VISU-SEWER CLEAN & SEAL $2,620.80 031593 WASTE MANAGEMENT-TC WEST $3,463.04 031594 WEST SIDE REDI MIX $269.29 031595 WESTSIDE WHOLESALE TIRE $92.74 031596 XCEL ENERGY $6,831.08 031597 XEROX CORPORATION $35.37 $351,848.68 PAYROLL CHECKS - OCTOBER 1, 2007 020108 SMITH, CAROLYN A. $230.87 020109 SKREEN, FRED $62.79 020110 CONVERSE, KEITH A $1,517.10 020111 VIEAU, CECILIA M. $1,037.56 020112 CROSBY, THOMAS M. JR $327.07 020113 JOHNSON, DANIEL $230.87 020114 KOTTKE, DAVID E. $360.53 500808 ADAMS, CHAD M. $2,304.66 500809 SCHERER, STEVEN T $1,456.83 500810 MCGILL, CHRISTOPHER R. $1,595.15 500811 HALL, DAVID M. $2,129.83 500812 DRESSEL, ROBERT P. $1,207.59 500813 BELLAND, EDGAR J $2,476.10 500814 VIEAU, CECILIA M. $1.00 500815 DINGMA. N, IVAN W $1,156.05 500816 SULANDER, LAURA L. $1,338.45 500817 BOECKER, KEVIN D $1,658.04 500818 CAVANAUGH, JOSEPH $230.87 500819 WEIR, ELIZABETH V. $230.87 500820 GREGORY, THOMAS $2,187.22 500821 NELSON, JASON $2,185.38 500822 VINCK, JOHN J. $1,440.72 500823 FINKE, DUSTIN D. $1,331.82 500824 MAROHNIC, NICHOLAS $583.79 500825 DAY, JEANNE M. $1,962.10 500826 DOMINO, CHARMANE $1,198.01 500827 WUNSCH, JODI M. $1,065.32 500828 LEUER, GREGORY J. $1,632.76 500829 LANE, LINDA $1,036.19 500830 ELBERT, ANDREW D. $654.73 500831 JESSEN, JEREMIAH S. $1,171.65 Medina City Council October 16, 2007 423 PAYROLL CHECKS - OCTOBER 1, 2007 (CONT'D) 500832 KLAERS GROTHE, ANNE $571.56 500833 BENETTI, TIMOTHY $2,079.01 500834 MCKINLEY, JOSHUA D. $463.58 $39,116.07 VENDOR CHECKS AND E CHECKS FOR 10-1-07 PAYROLL 000102 DELTA DENTAL $2,034.62 000103 PR PERA $8,059.57 000104 PR FED/FICA $10,848.23 000105 PR MN DEFERRED COMP $1,115.00 000106 PR STATE OF MINNESOTA $2,271.90 000107 FARMERS STATE BANK OF HAMEL $20.00 031537 MINNESOTA CHILD SUPP. PYT.CTR $537.69 031538 OFFICE OF CHILD SUPPORT ENFORC $92.31 $24,979.32 Medina City Council October 16, 2007 424 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council October 16, 2007