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HomeMy Public PortalAbout11/06/07 CCM425 MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 6, 2007 The City Council of Medina, Minnesota met in regular session on November 6, 2007 at 8:03 p.m. in the City Hall Chambers. Acting Mayor Smith presided. I. ROLL CALL Members present: Cavanaugh, Smith, Weir, and Johnson. Members absent: Crosby. Also present: City Attorney Ron Batty, City Engineer Tom Kellogg, Planning Director Tim Benetti, Assistant to Planning Dusty Finke, Finance Director Jeanne Day, City Administrator Chad Adams and Recording Secretary Kimberly Stoll. II. PLEDGE OF ALLEGIANCE III. ADDITIONS TO THE AGENDA The agenda was accepted as presented. IV. APPROVAL OF MINUTES A. Approval of the October 16, 2007 Special City Council Meeting Minutes Moved by Weir, seconded by Johnson, to approve the October 16, 2007 special City Council meeting minutes as presented. Motion passed unanimously. B. Approval of the October 16, 2007 Regular City Council Meeting Minutes It was noted on page 3, the first paragraph, it should state: "Smith stated the County is cutting trees and bushes on their property in preparation for the trail at Lake Independence." It was noted on page 11, the seventh paragraph, it should state: "Smith stated she would like to find out how many carts they can get with the grant money." It was noted on page 15, the fourth paragraph, it should state: "Weir inquired if ,.es+,,, , ant property sellers should let potential buyers who intend to put in a restaurant know about the requirement..." Moved by Johnson, seconded by Weir, to approve the October 16, 2007 regular City Council meeting minutes as amended. Motion passed unanimously. V. CONSENT AGENDA A. Table Turnquist/MnLINC Animal Assisted Therapy Conditional Use Permit to November 20, 2007 Council meeting B. Approve Raffle Permit for North Memorial Medical Center on February 8, 2008 at Medina Entertainment Center C. Approve Final Pay Request to Buffalo Bituminous for Hunter Drive Trail Medina City Council Meeting Minutes November 6, 2007 426 D. Approve Contract Renewal with Embedded Systems. Inc. for Siren Maintenance E. Resolution Rescinding Lot Rearrangement Approval for Darrel A. Farr Development and Mark S. Bryant for Property Located at 155 Hamel Road and 165 Hamel Road Moved by Weir, seconded by Johnson, to approve the consent agenda. Motion passed unanimously. VI. PRESENTATION A. Loren Kohnen, City Fire Marshal- Ordinance Option Requiring Commercial Sprinkling Adams introduced Loren Kohnen and stated he would speak about Chapter 1306 of the state fire code as it applies to commercial sprinkling, as well as its affects on existing buildings that change use classifications. Loren Kohnen, City Fire Marshal, explained the difference between the two options of the ordinance that could have been adopted. He stated changing the type of occupancy changes the requirements for sprinkling. He stated the opted ordinance provision has to be adopted as written. He stated it is separate from the State building code. Weir stated it is expensive to retrofit buildings for other purposes to meet the sprinkling requirements. Kohnen stated the most expensive part is running the water from the street to the building because streets need to be torn out. Smith stated insurance costs might be higher if the buildings are not sprinkled appropriately. Kohnen stated some insurance companies offer a lower price for sprinkled buildings. Weir inquired about the cost for sprinkling a business such as Fortin's Hardware. Kohnen stated it would be about $30,000. Weir inquired about the implications for rescinding the ordinance. Kohnen stated a lot of buildings wouldn't be required to be sprinkled under the general building code without this opted provision. He stated older buildings that burn down and aren't sprinkled tend not to be rebuilt. Adams inquired Kohnen to clarify about repealing the ordinance and if there would still be some building requirements for sprinkling. Kohnen stated there would be requirements for some buildings to be sprinkled. He stated the legislature has been working to require more sprinkling systems. Cavanaugh inquired if the Farr condominium project was sprinkled. Kohnen stated it would be required to be sprinkled because of the number of units in it even if the ordinance was rescinded. Medina City Council Meeting Minutes November 6, 2007 427 Weir stated it is a dilemma because the City has put work in to Uptown Hamel, but the sprinkling requirements are impeding development. Kohnen stated there are a number of methods for sprinkling in restaurants. Adams clarified this ordinance doesn't apply to residential. Kohnen concurred. Weir inquired about the requirements for a building if the ordinance was rescinded. Kohnen stated there are requirements for fire walls and openings in the walls. Weir stated the ordinance is good for new buildings in Uptown Hamel, but it is hard for old buildings. She stated one of the Council's main jobs is public safety. Smith inquired if it would be possible to use TIF money for sprinkling. Adams stated that TIF as Medina has established the district needs to be used for public improvements, not for private buildings. Johnson stated running water lines would qualify under TIF. Adams stated the City does not typically fund the lateral/service lines, but the mains could be funded through TIF as a public improvement. Kellogg stated they are preparing a feasibility report for Hamel Road that will include estimates for water and sewer services. Cavanaugh stated he sees Uptown Hamel developing slowly and having this ordinance is slowing development even further. He stated it seems to be affecting relatively few properties. Kohnen stated changing the type of occupancy requires meeting the sprinkling requirements and not changing the type of occupancy doesn't require the sprinkling. Cavanaugh stated the growth of Hamel might be different with changes in occupancy. Smith stated she is struggling with the idea of having a restaurant without sprinklers. Kohnen stated another issue is the loss of jobs. He stated sprinkling buildings is less expensive than losing a business due to a fire. Cavanaugh inquired about how the size of buildings correlate with the safety of individuals. Kohnen stated most of the people that are hurt are in the apartments above the businesses. Johnson stated it is building code and the market will sort itself out. He stated requiring this type of sprinkling will increase the value over time. Cavanaugh stated the ordinance goes beyond the building code. He inquired about a situation where the occupancy changes and the number of people would decrease. Kohnen stated any change in type of occupancy would require a change in the sprinkling system and it is not based on the number of people. Medina City Council Meeting Minutes November 6, 2007 428 Weir stated it would be a big step to rescind the ordinance and doesn't give the City much flexibility. She stated part of their role is public safety. Kohnen stated every fire department is having trouble getting people to join and it is difficult to have people at the fire in short time periods. VII. COMMENTS A. Comments from Citizens on Items not on the Agenda Shorty Dorweiler, Farmers State Bank of Hamel, stated he emailed the Council and provided a copy of a notice given to him. He noted the date it was given to him and the date to come in to compliance. He stated he didn't receive it, but it was given to a tenant. He inquired about the reason a change in occupancy and use requires a building permit. He stated there is room for interpretation of the definitions for a change in occupancy. He stated he should have received the notice and been given the opportunity to discuss it. Weir inquired if there could be a discussion about the permits required for a change in occupancy. Adams stated the permit is to be applied for through the building department and to his knowledge the permit application has not yet been provided to the City. Finke stated it would go through a building permit process. He stated it is a chance for the building inspector to see if there is a change in occupancy and if a building permit is necessary. Weir inquired about the mechanism for beginning the process of needing a building permit. Kohnen stated interior work or a change in occupancy would require a building permit. Johnson stated a construction change to a building requires a building permit. Weir inquired if they need to educate the multi -tenant landlords. Kohnen stated they will be doing fire inspection walk thru's and will explain the ordinance to them. Dorweiler stated it is questionable if there were any changes done to the building. Smith inquired if the fire inspections are done annually. Kohnen stated they are. B. Park Commission Madeleine Linck, Park Commissioner, stated they postponed the next park commission meeting. She stated they will be discussing the trail plan. C. Planning Commission Benetti stated there are public hearings scheduled for a six unit condo development and for the interim use permit for MnLINC/Turnquist property. He stated there will be a presentation about the functional assessment of wetlands with revised maps. He noted the public hearing for the comprehensive plan for the planning commission is on November 27, 2007. Medina City Council Meeting Minutes November 6, 2007 429 VIII. OLD BUSINESS A. County State Aid Highway 101 •Pedestrian Crossing Adams stated they spoke with Hennepin County and put together cost estimates for a tunnel and a bridge for a pedestrian crossing. Kellogg stated previously there was discussion about striping a temporary crosswalk and an underpass. He stated Hennepin County does not support striping a temporary crosswalk. He stated they discussed putting in a controlled crosswalk that would be pedestrian activated. He stated Hennepin County was not in support of it. He stated the topography doesn't lend itself well to an underpass and it would be about $1.5 million. He stated it would need to meet ADA requirements and the utilities and sewer would need to be relocated. He stated the estimate for a bridge crossing over the road is about $3 million. He stated if the City wants to pursue it, the City should write a letter to begin a cooperative effort. Weir inquired if they would be looking at a crossing at CR 101 and TH 55. Kellogg stated at this point they wouldn't need to identify the exact location. Smith stated she thinks a letter should go to Jim Grube and Penny Steele at Hennepin County. Cavanaugh inquired about having a ramp to meet ADA requirements and steps. Kellogg stated it would increase the cost. Smith stated there should also be consideration for a crosswalk at Evergreen. Moved by Weir, seconded by Johnson, to direct Staff to prepare a letter to Hennepin County requesting a pedestrian crosswalk, as requested. Motion passed unanimously. Kellogg stated a shuttle bus for Gramercy may be an avenue to use in the interim. B. Water and Sewer Extension Service to City of Corcoran Council Member Cavanaugh recused himself from the discussion about the water and sewer services. Adams introduced Ken Guenthner, Mayor of Corcoran. He stated Staff and Johnson met with Corcoran to discuss a potential agreement for water and sewer service several months ago. Guenthner stated they have worked with the principal developer to move forward on the project and would like to prepare a draft agreement to address the issues for both of the communities. He stated the work Medina has done has had an impact on the model they are developing and would like to work on the concerns that may arise. He stated he researched the sequence of events leading to the pipe being placed in Hamel. He stated they would like to send an agreement for Medina to review. Medina City Council Meeting Minutes November 6, 2007 430 Weir stated there are residents who don't think it is appropriate to give water to Corcoran when there are only 160 units currently available. Guenthner stated the water that is available would be done in a staged use. He stated the goal would be to loop the system and have a well and tower in northwest Corcoran and by the time development would occur there would be infrastructure in place. Weir inquired if it was an economical issue for Corcoran to do the agreement now. Guenthner stated that it is not at this point. He stated it is a political -issue for Medina and it is a request from a neighboring community not a developer. He stated he didn't think Corcoran's financing a pipe through Medina would affect Medina's comprehensive plan. Smith inquired about the benefits for Medina. Guenthner stated the long term benefit is creating a regional infrastructure along TH 55. Adams stated there will be a benefit to future users in Medina because Corcoran would be building the infrastructure, but paying connection and user fees. He stated the result would be that individual users in Medina could pay less. Guenthner stated the property owners wouldn't be charged an area charge by Corcoran. Adams stated they have discussed a regional system and the possibility of Medina owning infrastructure in Corcoran. Guenthner stated it would be less expensive to collaborate. Weir stated there is limited water available and inquired if Corcoran's putting in a well and tower would preclude Medina's need for a well and tower in that area. Adams stated it would compliment Medina's system. He stated the memo outlines the water concerns and well No. 7 would allow for 900 units that would be available next summer/fall if it is approved. Guenthner stated an outline of the issues would focus the discussions on the policy. C. Solid Waste, Recvclables, Compostables (Organics) 1. License for Collection and Disposal of Residential Solid Waste, Recyclables, and Compostables to Randy's Sanitation, Inc. Moved by Johnson, seconded by Weir, to approve the license for collection and disposal of residential solid waste, recyclables, and compostables to Randy's Sanitation, Inc., as requested. Motion passed unanimously. 2. Public Entity Waste Abatement Incentive Fund Agreement Moved by Johnson, seconded by Weir, to approve public entity waste abatement incentive fund agreement, as requested. Motion passed unanimously. 3. West Hennepin Recycling Joint Powers Agreement Medina City Council Meeting Minutes November 6, 2007 431 Moved by Weir, seconded by Johnson, to deny the West Hennepin Recycling joint powers agreement, as requested. Motion passed unanimously. Smith stated she was a part of creating the West Hennepin Recycling Commission and thanked the cities for working together on it. She stated at this point the City is better served by not participating in it. Adams explained the funding they received from the organics grant. He explained that the monthly rebates from Randy's would be for a mandated system and a subscriber based system. He explained the options available to subsidize the program. Weir stated it appears to pay the City back by 2009. She inquired about the nature of the carts. Jim Wollschlager stated it is a rolling cart. Weir inquired if it would need to be taken to the curb. Wollschlager stated it would. Adams stated the contract allows for starting the program as a pilot program and then mandating it at a later point in time. Cavanaugh inquired about using plastic bags to contain the organics. Wollschlager stated the bags that will be used are compostable bags. He stated a box of bags will be given with each cart and after it runs out additional bags could be purchased or compostable bags could be used. Cavanaugh inquired about raccoons digging in the organics. Wollschlager stated it is the same waste already produced in the home, but it is put in a different container, picked up separately and taken to a different location. He stated in Wayzata the recycling increased by 20% when the organics began. He stated it would be a possibility to pick-up at the houses later in the program. Smith stated the garbage could be picked by bi-weekly since the amount is reduced. Weir inquired if the program should be mandated or encouraged. Smith stated in the cities that are subscription based it isn't going well. Wollschlager stated there are different issues for the different cities. Weir stated there are savings with the mandated option. Johnson stated he is in support of composting, but mandating it and then giving some carts away with the grant money and charging others isn't appropriate. He stated it would be better to subsidize every cart with the grant money. Adams stated that could be another option. Smith stated it is possible to receive money from Hennepin County early in the year to reduce the cost. Weir stated she is in support of mandating it and subsidizing all of the carts. Medina City Council Meeting Minutes November 6, 2007 432 Wollschlager stated more people participate sooner when it is mandated. Cavanaugh stated he is hesitant to mandate it. Wollschlager stated the economics of the program to the residents have little impact on the residents. Weir inquired if Randy's Sanitation would help educate the residents. Wollschlager stated they would. Smith stated Randy's is a leader in recycling. She inquired if it was mandated, if it would be phased in by zones. Wollschlager stated from a labor standpoint it would be better to implement it citywide. Adams stated there is a short amount of time until January and noted the perception of a mandated system being implemented that quickly. Cavanaugh suggested trying it on a subscription basis and then looking at it in six months. Johnson stated it would be better to have people participate voluntarily. Weir stated she would like to do it for a period of time and then re -assess it. Adams inquired about the ideal time for it to begin if it were to be mandated. Wollschlager stated it would be best in the spring. Cavanaugh inquired about the net cost to a resident if the organics was added. Johnson stated it would be $12 more per year. Wollschlager stated the cost includes the potential for residents to not participate. He stated when people pay for something, they tend to use it. Weir stated it is environmentally sound. Cavanaugh inquired if it was mandated and wasn't used, if it could be switched to a subscription. Wollschlager stated that if residents pay for it, but choose not to use it then the money isn't that important to them. Weir inquired if there could be a period of time for it to be subscription based and then mandate it. Johnson stated they could try it on a subscription basis for a period of time, review the participation, and then determine if they should continue it as subscription based or mandated. Smith stated they need to promote the environmental benefits. Moved by Weir, seconded by Cavanaugh, to initiate the subscription based program and to direct Staff to bring a report back to the Council for review in May 2008 to determine if it should be mandated or continued as a subscription basis. Motion passed unanimously. Medina City Council Meeting Minutes November 6, 2007 433 D. Ordinance Pertaining to Tree Preservation and Replacement Amending Section 828.41 of the City Code Finke presented background information about the previous discussions of the ordinance. He stated changes in the ordinance include: a decrease in the allowed tree removal percentages; double counting for initial site work and at time of building; and the language was changed to require an applicant to complete all of the best management practices required by the City in order to qualify for a waiver. He stated he spoke with Dave Thill and the tree list is from the DNR book. He presented a new table for the allowed amount of trees to be removed. Johnson inquired about the impact on the land if there are no trees on the property prior to development. Finke stated it wouldn't trigger the ordinance, but it could be discussed in terms of planning for trees in the future. Weir requested clarification about the total amount of trees that could be removed. Finke stated the term "lot size" on the chart may not be an accurate term because the initial development would be intended to look at the entire property subject to the development. Smith stated separate charts would be clearer. Weir stated the percentages are permissive and it is difficult to know what the total would be. She stated there needs to be incentive to not disturb the trees. Finke presented a chart of the amount of trees other cities allow for removal. He stated it is easier to administer when there are options for the removal of trees at the point of development and for individual lots and noted its fairness. Johnson inquired about a situation where someone would own land that is densely wooded and the amount of the trees that could be removed. Finke stated best management practices and waivers may be most useful in that type of situation. Johnson inquired if they would be creating incentive for people to divide their lots into smaller lots to allow for more tree removal. Finke stated there are zoning ordinances that assist in controlling the size of lots and density that can be created. Johnson inquired about a situation where an individual owns a parcel and would like to have more green space. Finke stated an aggregated number of trees could be removed and beyond that number the trees would need to be replaced. Smith inquired about a situation where a tree couldn't be replaced on the property where it was removed from. Finke stated there are places the replacement tree could be planted on a different property. Weir inquired about what a non -land use application would be. Finke stated it would be anything that would not require an official land use application. Weir stated Crosby requested clarification of the language in subdivision 7. Weir stated the language should be clear that all of the best management practices should be followed. She Medina City Council Meeting Minutes November 6, 2007 434 inquired if the number of large trees allowed to be cut down per year should be reduced to 1 tree instead of 2 trees. Smith stated that the statement in the ordinance encourages people to cut down the trees and suggested a tree management plan. Cavanaugh stated it is extreme to limit somebody from cutting down a tree in their backyard. He stated not addressing the maximum amount per year is a potential violation. Adams stated removing the language wouldn't allow someone to cut down any trees. Finke stated without the language they wouldn't be regulating trees unless it is with a building permit or land use application. He stated it is to stop the opportunity to clear cut. Johnson stated there is a concern about cutting down diseased trees. Smith stated that if a tree is diseased there is no problem in cutting it down. Weir inquired about situations where an applicant would like to adjust the database on the field work. Finke stated the language was in the previous ordinance, but he would be willing to check with Dave Thill to see if the MLCCS data would preclude the need for it. Weir inquired about language protecting undisturbed trees. Finke stated it was moved to a different location. Weir suggested language to clarify Elm trees that are Dutch Elm disease resistant. She inquired about Ash trees. Smith stated she would leave them on the list. She stated David Newman provided a letter to the City. David Newman, BanCorp representative, inquired about a situation where the lots will be divided in to small parcels and doing the pad preparation. He stated various issues can be conflicting with each other, for example roads, utilities, density, wetlands, affordability and tree removal. He stated they should be allowed to get credit for the trees that are preserved and suggested strengthening the waiver. The Council reached consensus to have Staff develop a clean copy of the ordinance and bring it back to the Council on November 20, 2007. IX. NEW BUSINESS A. Resolution Providing for the Sale of $4,395,000 General Obligation Water Revenue Bonds, Series 2007 A Dave Callister, Ehlers and Associates representative, stated the provisions in the bond sale include: the term is for 15 years, has a call date of 2016, seek a rating for the bonds, paying all debt services by water revenues, and be bank purchased qualified. He stated the estimated closing date is December 20, 2007. Medina City Council Meeting Minutes November 6, 2007 435 Johnson inquired if the coupon rates are estimates. Callister stated they are estimates and would probably be lower. Johnson stated the underwriter's discount is high. Callister stated it usually is high and the underwriter has the option of taking the full discount or something less than that. Johnson stated there are some high discounts to achieve the average underwriter's discount. Callister stated all of the bonds will be weighed and they will use the true interest costs. Smith stated there needs to be a change to the date and time on the resolution to December 20 at 7:00 p.m.. Moved by Weir, seconded by Johnson, to approve the resolution providing for the sale of $4,395,000 General Obligation Water Revenue Bonds, Series 2007A with the date changes to the resolution as noted. Motion passed unanimously. B. Well No. 7- Authorization to Prepare Plans and Specifications Moved by Weir, seconded by Cavanaugh, to approve the authorization to prepare plans and specifications of Well No. 7, as requested. Motion passed unanimously. C. Gambling Permit- Revenue Sharing Policy 1. Resolution Approving Charitable Gambling License for Loretto Lions Adams stated there is an option to provide a fee on a license for pull -tabs and currently there are two licenses in the City without such fee. He stated they have not elected to require a percentage of the gross proceeds because the licensees have elected to give a portion of the proceeds back to the City. He stated the question that arose is if this provider would give a portion to the City. He stated it is a policy discussion and they would need ample time to notify the other providers as it would apply to them also. Cavanaugh stated this organization is outside of the community and it would be appropriate to charge them differently. Weir stated she is not comfortable charging the Hamel Lions. Adams stated Hamel Lions and the Hamel Fire Relief Association cover other areas besides Medina. He stated he doesn't know that they would want to create a policy for one organization. Smith stated it would be unusual to have it for one organization when there are several charitable organizations. Weir stated the Hamel Lions do a lot for Medina, but is unsure if they would continue if they were charged. Johnson stated he didn't like the idea of charging. Adams stated they could reconsider after a period of time if the Loretto Lions don't contribute to Medina. Medina City Council Meeting Minutes November 6, 2007 436 Moved by Cavanaugh, seconded by Weir, to approve the resolution of off -site gambling permit for the Loretto Lions to conduct lawful, charitable gambling at 4445 Hwy. 55, as requested. Motion passed unanimously. Smith inquired if it would be possible to find out where the donations are going. Adams stated they could ask. X. CITY ADMINISTRATOR REPORT A. Amended Services Agreement for Comprehensive Plan Services with Landform Adams stated there will be a lot of work completed between now and the public hearing for the comprehensive plan. He requested going back to the original language regarding the per meeting rates and per hour rates for working with Landform. He stated it will be difficult to put a cap on the amount not knowing what the response or level of work will be from the Planning Commission. Moved by Weir, seconded by Johnson, to direct Staff to prepare the third amendment for the service agreement for the Comprehensive Plan Services with Landform based on the original contract, as requested. Motion passed unanimously. B. Clean Water Legacy Act Grant Application Adams stated the grant application will be to apply for $25,000 and the deadline is next week. He stated it would include matching funds from the City and landowners. Moved by Johnson, seconded by Cavanaugh, to approve the Clean Water Legacy Act grant application, as requested. Motion passed unanimously. C. Land Use Application Billings/ Reimbursable Update Adams stated at the next Council meeting they will be discussing delinquent land use charges and delinquent developer charges. He stated the Staff recommendation is to bill through September for the Tumquist billings and after that the cost should be paid by the City. Johnson inquired about the logic for the date. Adams stated it is a compromise between the City and the Tumquists based on the work that was done after the public hearings and September 18th meeting where the item was pulled off the consent agenda. Cavanaugh stated there are a lot of residents who have incurred costs including the neighbors. Weir stated the Council has been unpredictable and was ready to go in one direction, but then turned directions. She stated she thinks they have generated enormous costs for the applicant by not being as capable and efficient as they should have been. Smith stated the Tumquists told the Council all of the neighbors were in support of it and it wasn't true. Medina City Council Meeting Minutes November 6, 2007 437 Cavanaugh stated there are a lot of factors that contributed to the costs. He stated they went out of their way to accommodate, but the costs need to be bome by the applicant. Johnson stated they will be setting a precedent if they waive some of the costs. Weir stated some of the way it has been handled by the Council has been arbitrary. Smith stated there was new information presented. Weir stated she thinks they should offset some of the costs. Johnson stated it appears the City is bearing the majority of the costs. Adams stated after October 1st there were some expensive items. Johnson estimated the costs incurred and the breakdown if the City were to pay a portion based on the Staffs recommendation. Weir stated with a previous applicant for a different situation they charged an in-house rate for work done by Staff. She suggested doing this for the work done during the month of October. Adams stated the estimate doesn't include the work done after October 16. Weir stated it is a lot of money when it could have been done under an interim use permit in May. She stated she thinks the Council needs to be very careful about spending applicants and developers money. She stated the City should share the cost at the in- house rate for the time beginning in October. Cavanaugh stated there was an enormous amount of time and money spent on the application by the applicants, the neighbors and the City. He stated he would be fine with charging the in-house rate beginning in October until the matter is done. Adams stated it would be possible to waive the Staff time. Smith stated she thinks that would be fine. The Council discussed the various charges for standard rates and developer rates. Moved by Weir, seconded by Johnson, to recommend Staff to prepare the billing for the MnLINC application at the standard rate from October 1, 2007 forward and waiving Staff time, as requested. Motion passed unanimously. Adams stated Staff has discussed with Plymouth about not having a connection to Evergreen or Clydesdale. He stated the plans show a future connection further to the north. He stated there is an upcoming public meeting. Cavanaugh inquired about the access to the development. Adams stated in the future the access would be to CR 101. Medina City Council Meeting Minutes November 6, 2007 438 Cavanaugh stated it will put a lot of pressure on CR 101. Adams stated if it goes to a public hearing, then there may need to be a more formal response. X. MAYOR & CITY COUNCIL REPORTS Cavanaugh inquired about appointing the planning commission members at the last meeting in December instead of in January. He stated it would create the possibility of not having the first Council meeting in January. Weir stated at this point they don't know what might be on the agenda. Adams stated the date will need to be changed because Tuesday, January 1 is a holiday. Weir stated she visited three neighbors on Lakeshore who have been unhappy with each other. She stated she was able to get two of them to talk to each other. Benetti stated the two neighbors involved stated the storage has been going on for a number of years. He stated they are willing to meet with the neighbor individually and then contact Staff about the discussion. Smith inquired if it is a nuisance issue. Benetti stated it has not been interpreted that way because a road divides the yard. Weir inquired if there has been any thought about spending the money for the open space from Embrace Open Space. Adams stated it isn't money, but is in -kind technical services and they are waiting until the comprehensive plan is completed. XI. APPROVAL TO PAY THE BILLS Moved by Johnson, seconded by Cavanaugh, to approve the bills, order e-check numbers 000108-000122 for $48, 756.47, checks numbers 031598-031670 for $279, 777.82 and payroll check numbers 020115-020121 and 500835-500884 for $77, 719.29. Motion passed unanimously. XII. ADJOURN Moved by Cavanaugh, seconded by Johnson, to adjourn the meeting at 11:16 p.m. Motion passed unanimously. 17. T.M. Crosby, Jr., Mayor Attest: (A,/ A4- Chad M. Adams, City Administrator -Clerk Medina City Council Meeting Minutes November 6, 2007 439 E CHECKS - NOVEMBER 6, 2007 000108 STATE OF MN (WITHHOLDING SUPPL PAY) $5.41 000109 FARMERS STATE BANK $20.00 000110 FARMERS STATE BANK $20.00 000111 STATE OF MN (SLS TAX 3RD QTR) $2,673.00 000112 PR PERA $8,299.47 000113 PR FED/FICA $10,692.02 000114 PR STATE OF MINNESOTA $2,348.11 000115 PR MN DEFERRED COMP $1,115.00 000116 FARMERS STATE BANK OF HAMEL $20.00 000117 PR PERA $8,333.65 000118 PR FED/FICA $10,963.94 000119 PR MN DEFERRED COMP $1,115.00 000120 PR STATE OF MINNESOTA $2,391.40 000121 ACCLAIM BENEFITS-MO.ADM.FEES $739.47 000122 FARMERS STATE BANK OF HAMEL $20.00 $48,756.47 ORDER CHECKS - NOVEMBER 06, 2007 031598 MINNESOTA CHILD SUPP. PYT.CTR. $537.69 031599 OFFICE OF CHILD SUPPORT ENFORC $92.31 031600 MINNESOTA CHILD SUPP. PYT.CTR. $537.69 031601 OFFICE OF CHILD SUPPORT ENFORC $92.31 031602 ADAM'S PEST CONTROL $105.44 031603 AGGREGATE DIVISION $6,685.63 031604 ALLSTAR ELECTRIC $1,598.58 031605 AMERICAN TIRE DISTRIBUTORS $830.24 031606 ANDERSEN, EARL F $79.88 031607 BERTELSON BROTHERS $170.00 031608 BONESTROO, ROSENE, ANDERLIK $111,937.18 031609 BUFFALO BITUMINOUS $7,879.85 031610 CENTERPOINT ENERGY $49.60 031611 CHUNKS AUTOMOTIVE SERVICE $67.78 031612 CITY OF NEW BRIGHTON $504.45 031613 CLASSIC CLEANING $692.26 031614 DEEP ROCK WATER COMPANY $59.98 031615 DEPARTMENT OF PUBLIC SAFETY $270.00 031616 EMERGENCY AUTOMOTIVE TECH $98.62 031617 ERICKSON, ROLF ENT., INC $5,913.50 031618 EXXONMOBIL $88.60 031619 GOODIN CO. $776.94 031620 GOPHER STATE ONE CALL $471.40 031621 GRAINGER $232.33 031622 HACH COMPANY $319.41 031623 HAMEL BUILDING CENTER $706.54 031624 HAWKINS INC $3,398.21 Medina City Council November 6, 2007 440 ORDER CHECKS - NOVEMBER 06, 2007 (CONT'D) 031625 HD SUPPLY WATERWORKS $752.03 031626 HENNEPIN CO.TREAS.(JAIL SVC.) $311.00 031627 HENNEPIN COOPERATIVE SEED EXCH $60.76 031628 HENNEPIN COUNTY SHERIFF $450.85 031629 HENRYS WATERWORKS $597.06 031630 KENNEDY & GRAVEN $8,918.32 031631 KONICA MINOLTA BUS. SOLUTIONS $1,231.54 031632 LANDFORM $8,484.05 031633 LAW ENFORCEMENT LABOR SERVICES $276.50 031634 LAWSON PRODUCTS, INC $163.34 031635 MEDIACOM $79.95 031636 MEDICA $228.00 031637 MEDICA CHOICE $17,490.87 031638 METRO.COUNCIL ENVIRO. SERVICES $13,042.83 031639 MINNESOTA RURAL WATER $75.00 031640 MN FALL MAINTENANCE EXPO $75.00 031641 MOTHERS MOTORS/LORETTO TOWING $50.00 031642 NELSON ELECTRIC MOTOR REPAIR $100.00 031643 NEXTEL COMMUNICATIONS $359.48 031644 NORTHWEST SUBURBAN CHAMBER $30.00 031645 OFFICE DEPOT $165.83 031646 OFFICE OF THE SEC. OF STATE $40.00 031647 OIL AIR PRODUCTS $197.11 031648 ON SITE SANITATION $319.95 031649 ORONO IND.SCH.DIST. 278 $875.52 031650 ORONO, CITY OF $4,225.40 031651 PRUDENTIAL INSURANCE CO. OF AM $388.78 031652 QWEST $468.46 031653 RANDY'S SANITATION $211.88 031654 REICHELS CATERING SERVICE $95.85 031655 SPRINT $68.50 031656 STREICHER'S $1,247.76 031657 SUN PRESS & NEWSPAPERS $206.64 031658 TIME SAVER OFF SITE SEC. $353.80 031659 TOTAL MECHANICAL SERVICES,INC. $62,784.83 031660 U.S. POSTAL SERVICE $500.00 031661 UNION SECURITY INS. CO. $427.59 031662 VALVOLINE'FLEET SERVICES $111.80 031663 VERIZON WIRELESS $24.40 031664 WAYZATA, CITY OF $23.50 031665 WESTSIDE EQUIPMENT $103.00 031666 WESTSIDE WHOLESALE TIRE $3,525.49 031667 WRIGHT-HENNEPIN ELECTRIC $1,983.00 • 031668 WSB & ASSOCIATES $2,602.25 Medina City Council November 6, 2007 441 031669 031670 020115 020116 020117 020118 020119 020120 020121 500835 500836 500837 500838 500839 500840 500841 500842 500843 500844 500845 500846 500847 500848 500849 500850 500851 500852 500853 500854 500855 500856 500857 500858 500859 500860 500861 500862 500863 500864 500865 500866 500867 500868 Medina City Council November 6, 2007 ORDER CHECKS - NOVEMBER 06, 2007 (CONT'D) XCEL ENERGY $1,827.94 XEROX CORPORATION $25.54 $279,777.82 PAYROLL CHECKS - OCTOBER 15 & 29, 2007 REG & DIR DEP. VINCK, JOHN J. $680.99 CONVERSE, KEITH A $1,741.20 VIEAU, CECILIA M. $1,037.56 KOTTKE, DAVID E. $431.09 CONVERSE, KEITH A $1,642.91 VIEAU, CECILIA M. $1,112.50 KOTTKE, DAVID E. $438.65 ADAMS, CHAD M. $2,349.21 SCHERER, STEVEN T $1,374.10 MCGILL, CHRISTOPHER R. $1,595.15 HALL, DAVID M. $1,728.02 DRESSEL, ROBERT P. $1,207.59 BELLAND, EDGAR J $2,495.28 VIEAU, CECILIA M. $1.00 DINGMANN, IVAN W $1,653.28 SULANDER, LAURA L. $1,338.45 BOECKER, KEVIN D $1,936.99 GREGORY, THOMAS $1,800.14 NELSON, JASON $2,041.68 VINCK, JOHN J. $1,797.15 FINKS, DUSTIN D. $1,393.70 MAROHNIC, NICHOLAS $473.69 DAY, JEANNE M. $1,962.10 DOMINO, CHARMANE $1,251.30 WUNSCH, JODI M. $1,057.76 LEUER, GREGORY J $1,427.95 LANE, LINDA $1,090.92 ELBERT, ANDREW D. $428.42 JESSEN, JEREMIAH S. $1,185.29 KLAERS GROTHE, ANNE $519.60 BENETTI, TIMOTHY $1,936.48 MCKINLEY, JOSHUA D. $455.14 ADAMS, CHAD M. $2,288.66 SCHERER, STEVEN T $1,916.87 MCGILL, CHRISTOPHER R. $1,966.95 HALL, DAVID M. $2,128.60 DRESSEL, ROBERT P. $1,197.66 BELLAND, EDGAR J $2,476.10 VIEAU, CECILIA M $1.00 DINGMANN, IVAN W $1,205.52 SULANDER, LAURA L. $1,338.45 442 PAYROLL CHECKS - OCTOBER 15 & 29, 2007 REG & DIR DEP.(CONT'D) 500869 BOECKER, KEVIN D $1,857.69 500870 GREGORY, THOMAS $2,003.88 500871 NELSON, JASON $2,221.30 500872 VINCK, JOHN J. $1,580.22 500873 FINKE, DUSTIN D. $1,239.03 500874 MAROHNIC, NICHOLAS $473.69 500875 DAY, JEANNE M. $1,962.10 500876 DOMINO, CHARMANE $1,198.01 500877 WUNSCH, JODI M. $1,072.87 500878 LEVER, GREGORY J $1,604.39 500879 LANE, LINDA $1,223.89 500880 ELBERT, ANDREW D. $802.97 500881 JESSEN, JEREMIAH S. $1,325.34 500882 KLAERS GROTHE, ANNE $519.60 500883 BENETTI, TIMOTHY $2,065.63 500884 MCKINLEY, JOSHUA D. $463.58 $77,719.29 Medina City Council November 6, 2007