HomeMy Public PortalAbout11-16-2021_minutesMedina City Council Meeting Minutes
November 16, 2021
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MEDINA CITY COUNCIL MEETING MINUTES OF NOVEMBER 16, 2021
The City Council of Medina, Minnesota met in regular session on November 16, 2021 at
7:00 p.m. in the City Hall Chambers. Mayor Martin presided.
Martin read a statement explaining that the meeting is being held in a virtual format due
to the ongoing pandemic and provided instructions for public participation.
I. ROLL CALL
Members present: Albers, Cavanaugh, DesLauriers, Martin, and Reid.
Members absent: None.
Also present: City Administrator Scott Johnson, Attorney Ron Batty, Finance Director
Erin Barnhart, City Engineer Jim Stremel, City Planning Director Dusty Finke, Public
Works Director Steve Scherer, and Chief of Police Jason Nelson.
II. PLEDGE OF ALLEGIANCE (7:03 p.m.)
III. ADDITIONS TO THE AGENDA (7:04 p.m.)
The agenda was approved as presented.
IV. APPROVAL OF MINUTES (7:04 p.m.)
A. Approval of the November 3, 2021 Regular City Council Meeting Minutes
Moved by Martin, seconded by DesLauriers, to approve the November 3, 2021 regular
City Council meeting minutes as presented.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
V. CONSENT AGENDA (7:05 p.m.)
A. Adopt Resolution 2021-78 Granting Approval of a Site Plan Review to BAPS
Minneapolis LLC at 1400 Hamel Road
B. Approve Recording Secretary Service Agreement with TimeSaver Off Site
Secretarial Inc.
C. Approve Uptown Hamel Corridor Planning Grant Agreement with Hennepin
County
D. Approve 2022 Meeting Calendar
Moved by Reid, seconded by Cavanaugh, to approve the consent agenda.
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A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
VI. COMMENTS (7:06 p.m.)
A. Comments from Citizens on Items not on the Agenda
Robert Belzer, 4245 Wild Meadows Drive, referenced a City Council Memorandum from
Scherer dated April 15th related to water, sewer and storm water within Wild Meadows
and a related report from WSB. He would like the information entered into the record for
the meeting and made available on the City website. He stated that the document
provides an overview of ponds within Wild Meadows that have drainage issues and
related recommendations. He commented that the residents within the HOA are not
aware of the document. He stated that there are 15 ponds within Wild Meadows, and
they are degraded and need help. He noted that the report includes photographs of the
pond from different times to show the degradation. He stated that he also presented this
information to the Elm Creek Watershed as the residents need help in getting this
resolved.
Martin stated that Mr. Belzer’s information will be forwarded to the Council and is a part
of the public record. She stated that Belzer can share the information with the residents
and HOA. She noted that the recommendations were made to the Wild Meadow’s HOA
and therefore the HOA is where the attention should be focused.
Johnson stated that staff has reviewed the information and requested an update from
the Wild Meadows HOA and Minnesota Land Trust on the status of the engineering
plans. He noted that he has not received a response.
Belzer commented that there is no housing authority in Medina to deal with issues that
arise. He noted that this is a serious problem with the storm pond as the HOA is not
sharing the information. He recommended that all financial matters related to the utilities
of a pond should be made public related to maintenance. He commented on the
difficulty he had in obtaining this information and believed it should be provided to the
public as it is a matter of public health.
B. Park Commission
Scherer reported that the Park Commission will meet the following night to discuss the
Marsh Pointe proposal in terms of park dedication and trails. The group will also review
the progress towards the 2021 goals.
C. Planning Commission
Finke reported that the Planning Commission met the previous week to hold public
hearings to review a concept plan for a 30-unit townhome development at 342 Hamel
Road and the Commission provided comments. The Commission raised concerns with
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the footprint of the development and urged for connection to the greenspace. The
second hearing related to a Conditional Use Permit and Site Plan review for a multi-
tenant retail building at the corner of Highway 55 and Pinto Drive which would include a
drive-thru Caribou Coffee. The Commission recommended approval but expressed a
preference to develop the parcel in conjunction with the adjacent small parcel for better
planning. The Commission also reviewed the Marsh Pointe concept plan and was
generally in favor of the proposed development and use of the PUD. Some members of
the Commission asked if there was a way to increase buffering and reduce density. He
noted that the Commission also reviewed the sign ordinance once again and did not
change its previous recommendation.
VII. NEW BUSINESS
A. SH Ventures, Inc. – PID 05-118-23-22-0005 – Lifestyle Auto Condos – PUD
Concept Plan (7:23 p.m.)
Finke presented a concept plan review for an auto condo project on the subject site
approximately 258,000 square feet in size. He reviewed the zoning and guiding of the
parcel and adjacent properties. He displayed the concept plan noting the primary
access proposed from Highway 55. He displayed an updated rendering for the site. He
provided details on the future development area, noting that it is generally not intended
for development within the current timeframe of the Comprehensive Plan. He also
provided details on the rural residential urban reserve zoning. He stated that technical
review items were included in the staff report. He asked if the Council would support
non-residential uses within the future development area.
Martin stated that perhaps the Council should be polled at this time as that question
would determine whether additional review would be necessary. She noted that if the
rezoning and use were not supported, the other questions would then perhaps become
moot.
DesLauriers commented that he likes what he is seeing in terms of the autoplex but is
unsure if he would support the rezoning. He noted that he would be willing to listen to
more details.
Albers stated that this area was purposely set aside for future development for
residential when the current Comprehensive Plan was developed. He stated that if there
are changes to Corcoran, Medina may need to allocate additional housing units and
therefore this area was reserved for residential development. He stated that another
question would be what may happen with Highway 55 and its expansion and therefore
he is hesitant to change the designation of the property from FDA to PUD. He stated
that he would also be willing to continue to listen.
Reid stated that FDA is for properties designated for urban services in 20 years or more
and in the time being the property is not to be used for large businesses. She did not
believe the FDA guiding should be changed.
Cavanaugh commented that the property is currently raw land. He noted that if large
homes are developed on the property that would also lock the City into a use which he is
not sure was the best use of property along Highway 55. He stated that he does like the
increase in tax base that the project would provide and the low amount of traffic that
would be generated. He stated that he would be open to listening.
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Martin concurred with the comments made thus far.
Finke stated that the applicant proposes a direct access to Highway 55. He noted that
preliminary discussions were had with MnDOT indicating that right and left turn lanes
would be required. He noted that generally staff recommends against new access onto
Highway 55. He stated that the property is afforded access to adjacent roadways. He
stated that if the City is going to allow non-residential use within FDA perhaps it would
make sense to have that adjacent to a different roadway, such as CR 19. He provided
details on the right-of-way that would be requested if this were allowed to move forward.
He stated that the City has a rural business holding district, reviewing those regulations,
and asking if that would be a good guide to use. He stated that if this moves forward
staff would recommend larger setbacks and more buffering to limit the impact on existing
residential properties. He stated that a review was completed by the Park Commission
which recommended that the City be aggressive with the requirement for trail
easements. The Park Commission did not recommend a significant amount of park
land. He stated that the Planning Commission held a public hearing and two adjacent
neighbors raised concern with the intensity adjacent to residential property and originally
proposed second access which has since been removed. He noted that the majority of
the Commission did not find the use compatible with FDA, although two Commissioners
believed it may be consistent with certain adjustments.
Cavanaugh stated that he would want to ensure that any potential changes for Highway
55 have been accounted for. He stated that in terms of the concept, an auto condo
would be a low user of City services in return for the increase in tax base. He stated that
this is an intense use and would perhaps need to come down in scope.
Martin asked if the City could say interim access would be provided at one location now
and then if Highway 55 is expanded, the access would need to change.
Batty commented that would be a challenge to draft and he could not recall doing
something specific like that but did not see a reason that could not be done if there were
alternate access available.
Reid stated that this does not seem to qualify for a PUD. She stated that there has been
no explanation on how this would qualify for a PUD. She did not believe this would be
an appropriate use within FDA. She commented that the architect appears to be
unaware of the desire for Medina to maintain a rural atmosphere.
Albers commented that his property abuts Highway 55 and he is aware of how busy that
roadway is. He stated that his concern would be related to access to Highway 55 and
believed that should be done from CR 19. He stated that he would not want to see
access using Pioneer Trail. He stated that he also has a concern with events that could
be hosted at the site in terms of frequency and the traffic that would be anticipated. He
stated that he was concerned with a lack of modulation in the design. He agreed with
Reid that this does not seem to meet the requirements of Medina in terms of design.
DesLauriers commented that it is a great opportunity as the tax base generated is a
benefit for a use that generally does not have much intensity. He stated that he is
concerned with this use having access onto Highway 55. He suggested that the
property access from Chippewa Trail.
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Martin appreciated the input and agreed with the comments made. She stated that she
also has trouble seeing that this development would justify the use of a PUD. She noted
that she is also concerned with access from Highway 55. She noted that this was zoned
FDA being they are uncertain how Highway 55 improvements will play out. She also
expressed concern with noise that would be generated from events and the impact that
would have on the existing residential development.
Neil Campion, resident, stated that he voiced his objection to the concept at the public
hearing held by the Planning Commission. He noted that he voiced objection to the
secondary access, which has since been removed. He was also concerned with events,
noting that some people could choose to park on Pioneer Trail and walk up his driveway
to access the site. He stated that gaining access to Highway 55 from Pioneer is already
a challenge and was unsure how another access would not generate additional backups.
He stated that the building height seems tall and had concern with light spill onto his
property.
Bill Stoddard, applicant, stated that he has developed a number of projects throughout
the metro mainly apartments, residential, and senior living. He appreciated the input and
feedback of the Council. He stated that this is a large 31-acre site, and they are willing
to address the recommendations of staff related to landscaping, buffering, setbacks,
right-of-way, stormwater treatment, and fire suppression service. He stated that initially
they did propose a secondary access but removed that and would dedicate the road to
the neighboring properties. He stated that they have met with MnDOT, and they would
allow an access to this location, noting that the road would be widened to add a left and
right turn lane, which would make that section safer. He noted that this is a property that
would not use many City services but would provide a good tax base. He stated that
they can have lighting restrictions and limit the number of events on the site. He stated
that the property was previously zoned commercial before the change to FDA. He
believed that the timing is now or soon for this property and did not believe residential
would be the best use of the property along Highway 55 with commercial use across the
street. He stated that senior living was previously not believed to fit within residential but
has turned out to be a good combination.
Albers asked if there would be a limit on the size of berming that could be done along
the southeastern edge to provide additional screening for the residential area.
Finke believed there is a limitation on the height of the berm and other specifications.
He noted that significant berming can be done.
Reid asked if the applicant would be willing to redesign to better fit within the rural design
of Medina.
Stoddard confirmed that they could work on the design to make it fit in better.
Martin commented that she is having difficulty understanding how a piece of property
designated FDA and RRUR would be allowed for a condo complex of this nature and
whether that would make sense. She also struggled to see how this plan would achieve
the objectives of the PUD ordinance. She stated that should this move forward she
would like a narrative on how this would achieve the PUD objectives. She stated that
she would also want input from legal on how the change from FDA to this use is allowed.
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Reid stated that she objects to this use on this property and does not see how it qualifies
for a PUD.
Albers stated that he always thinks about what may be developed on this property if this
is not allowed. He stated that he would want to think through what is best for the City
and what the future could bring.
DesLauriers commented that he is looking forward to the additional feedback from the
applicant.
B. Weston Woods of Medina – Storm Sewer Improvement Tax District – Public
Hearing (8:13 p.m.)
Johnson stated that at the October 19th meeting final plat approval was provided for
Weston Woods and the City’s practice is to require the HOA to maintain the storm sewer
improvements which is done through a tax district. Staff recommends the establishment
of two districts as proposed.
Martin opened the public hearing.
No comments.
Martin closed the public hearing.
1. Ordinance 678 Establishing the Weston Woods of Medina – North Storm
Sewer Improvement Tax District
Moved by DesLauriers, seconded by Cavanaugh, to adopt the ordinance establishing
the Weston Woods of Medina – North Storm Sewer Improvement Tax District.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
2. Ordinance 679 Establishing the Weston Woods of Medina – South
Storm Sewer Improvement Tax District
Moved by DesLauriers, seconded by Cavanaugh, to adopt the ordinance establishing
the Weston Woods of Medina – South Storm Sewer Improvement Tax District.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
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Motion passed unanimously.
3. Resolution 2021-79 Authorizing Publication of Ordinance by Title and
Summary
Moved by DesLauriers, seconded by Cavanaugh, to adopt the resolution authorizing
publication by title and summary.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
C. Planning and Building Assistant Position Recruitment (8:17 p.m.)
D. City Clerk/Assistant to City Administrator Position Recruitment
Johnson noted that Items 7C, 7D, and 7E are all interrelated. He noted that staff has
been updating job descriptions. He stated that the City Clerk position pay grade has
been reduced by changing the scope of the position and reallocation of duties. He noted
that the goal is to use this staffing structure for the near future. He stated that
adjustments may be needed and would then become part of the 2023 budget
discussions. He stated that the proposed reduction to the City Clerk position along with
the pay step and grade scale adjustments recommended by the DDA study would result
in an increase to the 2022 budget of $984. Council Member DesLauriers had requested
information prior to the meeting regarding individual increases. Johnson stated the
original information given to DesLauriers prior to the meeting was incorrect. He stated
that the market adjustment for the department heads as proposed would be $3,750 per
year per department based on updated information from Barnhart.
Barnhart stated that as per her memorandum, the department head market adjustment
would be spread over a period of two years and the other market adjustments would be
spread over three years.
Martin welcomed comments on the recruitment for the two vacant positions.
DesLauriers referenced the Planning and Building Assistant which is a grade three while
the City Clerk would be grade five/six. He asked if the larger range provided more
flexibility for hiring.
Johnson stated that the planning position would be a grade three and reviewed the
minimum qualifications which are less than the City Clerk position which has higher
qualifications and expectations and therefore a higher grade.
DesLauriers asked for input on the City Clerk position.
Barnhart stated that the position is currently budgeted around $37 dollars per hour but
would vary depending on the skills of the applicant.
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Martin applauded staff in approaching these positions and thinking it through and for
department heads willing to move responsibilities and spread around duties. She
appreciated the collaboration of staff.
Johnson thanked the department heads for their leadership. He stated that they have
stepped up, along with their staff members to fill in for an important part of the City staff
that has moved on to a new position.
Moved by Martin, seconded by Reid, to approve the job descriptions and authorize staff
to begin recruitment for the vacant Planning and Building Assistant and City
Clerk/Assistant to City Administrator positions.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
E. Proposed Pay Scale Market Adjustments for 2022 Budget (8:25 p.m.)
Johnson noted that the Assistant City Administrator has moved on to a new position with
Plymouth which allowed discussion of what could be done differently and to make
market adjustments to the pay scale.
Cavanaugh asked if the net effect would be about $3,000 per department head per year.
Johnson confirmed that the market adjustment would be $3,750 per department head
per year.
Reid commented that these adjustments are much needed.
Martin stated that she also welcomes the adjustments.
Moved by Martin, seconded by Albers, to approve and direct staff to implement market
adjustments in the 2022 budget.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
VIII. OLD BUSINESS
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A. Ditter Cooling, Heating, and Electric – Sign Ordinance Regulations – Text
Amendment (8:28 p.m.)
Johnson stated that the applicant is interested in a dynamic display sign to advertise its
business but believes the current regulations would impact the effectiveness. The
Council reviewed this at the October 19th meeting but tabled the item after providing
preliminary direction to staff.
Finke stated that the Council agreed with a number of the changes proposed, which
have been incorporated into the draft ordinance. He stated that the discussion prior to
tabling the matter surrounded the increase in size for dynamic display. He reviewed the
current limitations, proposal from the applicant to increase the sign size and portion of
dynamic display, and recommendation of the Planning Commission. He stated that the
applicant has since indicated that the dynamic display be allowed at the full size of sign
allowed on their property, which would be up to 80 square feet. He stated that the draft
ordinance shows the proposed update but limits that increase to properties adjacent to
an arterial roadway separated by a railway.
Martin commented that she believed the Council supported the recommendation of the
Planning Commission to increase the size from 32 square feet to 40 square feet. She
stated that there would now be the addition for the properties setback from the railroad
and whether that increase should be allowed to 80 square feet.
DesLauriers stated that he would like to stay close to the recommendation of the
Planning Commission but would consider looking at the MPH chart. He commented that
80 feet seems large for that area. He stated that he would support an increase up to 48
square feet.
Albers commented that he would not support more than 48 square feet.
Martin commented that this property is segregated from the roadway by the railroad and
therefore the Council would seem to allow 48 square feet for those properties, but 40
square feet would remain for all other properties.
Cavanaugh stated that since the last meeting he has paid attention to signs on Highway
55. He stated that one sign that caught his interest is the sign at Hy-Vee and asked staff
how large that sign might be.
Finke replied that he believed that sign is 50 to 60 square feet.
Cavanaugh commented that he is not distracted by that sign and believes it is a sharp
sign for that development. He noted that the purpose of a sign is to assist a business to
be successful and if the business is saying the bigger sign is helpful, he does not see the
difference between 48 feet or 60 feet. He stated that he would also advocate for a larger
size for other businesses along Highway 55 that do not involve railroad tracks as long as
it does not negatively affect adjacent land owners or traffic safety.
Reid stated that she could support 48 square feet for the railroad properties and 40
square feet for the other properties.
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Martin confirmed the consensus of the Council to allow 48 square feet for signs along
the railroad corridor and for other properties a size of 40 square feet.
Finke reviewed the current regulations for height related to dynamic displays. He noted
that the applicant requested to remove that regulation and therefore the dynamic display
could be the same allowed height for the other portions of the sign. He stated that the
Planning Commission recommended an increase to 15 feet. He stated that the draft
ordinance would allow a height of 20 feet for properties in the railroad corridor. He
reviewed the message duration requirements and noted that the applicant proposes to
change that to 30 seconds, but the Planning Commission recommended to stay at one
minute.
Martin stated that she believed the Council previously agreed that the height should be
increased to 15 feet with the accommodation that height be measured from the grade of
the road.
Finke confirmed that was the recommendation of the Planning Commission, but the
applicant proposes to allow a height of 20 feet for properties in the railroad corridor.
DesLauriers stated that he does find that acceptable. He noted that 20 feet still might
not allow complete visual of the sign.
Chuck Winkler, Ditter, stated that their consultant is available as well to provide input.
Martin stated that comments from one constituent be allowed after the comments of the
City Council.
DesLauriers stated that he would entertain a height of 25 feet.
Albers stated that he thought the height would be acceptable.
Finke provided clarification that the intent would be to allow the dynamic messaging to
go to that height.
Reid stated that she supports what has been discussed related to height.
Cavanaugh also agreed with the height change.
Martin noted the changes that would be necessary to support the height of 25 feet. She
confirmed that height would only apply to the railroad adjacent properties and a height of
20 feet would be allowed for other properties.
Winkler introduced his consultant.
Mike Casbalm, consultant representing the applicant, commented that the applicant
would like to incorporate images and text in a readable manner. He stated that a smaller
sign size limits the language that can be included at a readable size for moving traffic
and eliminates the option of including an image. He stated that when a minimized
display is required, the sign can become more distracting for drivers attempting to read
the message. He stated that 80 square feet would allow for the Ditter logo at the top and
messaging at the bottom.
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Finke stated that he believes the applicant would advocate that the Council be more
open to dynamic displays, essentially allowing the display to encumber the entire sign
area for all properties, but their particular interest is in their own property.
DesLauriers commented that his position has not changed, and he would not allow an
80-foot sign at that location.
Albers agreed and stated that his position has not been swayed. He asked if this is
trying to fit a square peg into a round hole in modifying the ordinance that only benefits a
few properties.
Cavanaugh stated that perhaps they could go to 55 square feet as a compromise.
Reid stated that she could support 55 square feet.
Martin stated that she would not be inclined to go further than that as Medina has always
been conservative in terms of signage. She stated that having a lot of dynamic display
signs of significant size would be contrary to the goal of maintaining the City’s rural
character. She stated that she would be inclined to stay with 48 square feet but could
support 55 if the remainder of the Council supported that change. She asked the
Council for input on whether they would support 55 feet for the properties in this railroad
corridor.
DesLauriers stated that he can support 55 square feet for this area.
Albers agreed that he could also support that change.
Martin confirmed the consensus of the Council to allow 55 square feet for the properties
in this corridor. She asked the Council for input on the message timing request.
DesLauriers stated that he would be open to allowing flexibility.
Albers stated that he has not been persuaded that the timing should be changed from 60
to 30.
Reid stated that she would also stay with 60 seconds.
Cavanaugh asked for comment regarding the impact to traffic and safety in reducing
from 60 to 30 seconds.
Casbalm stated that from an advertising perspective it provides flexibility to the business
owner to have more messages cycling through. He stated that traffic is traveling past
the sign would only see one message as it would take five to seven seconds to pass the
sign.
Martin noted that most drivers on 55 drive that corridor everyday and will see the
different messaging on different days or trips. She believed 60 seconds is fine for the
duration.
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Casbalm stated that timing was not an issue important to the applicant and the
suggestion was just based on his knowledge as a sign consultant and current trends.
Martin confirmed the consensus of the Council to keep the duration of 60 seconds. She
summarized the other changes agreed upon by the Council.
Finke asked if the Council would support increasing the height for other zoning districts
adjacent railroad tracks, such as other commercial districts.
Martin confirmed that change would apply to all commercial districts. She continued to
review the proposed changes agreed upon by the Council.
1. Ordinance 680 Amending Regulations Pertaining to Signs; Amending
Chapter 8 of the City Code
Moved by Martin, seconded by Albers, to adopt the ordinance amending regulations
pertaining to signs as revised pursuant to the Council discussion.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
2. Resolution 2021-80 Authorizing Publication of Ordinance by Title and
Summary
Moved by Martin, seconded by Albers, to adopt the resolution authorizing publication by
title and summary.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
IX. CITY ADMINISTRATOR REPORT (9:19 p.m.)
Johnson informed Council that Belzer made the comment about a memorandum
Scherer put together for a Council packet, noting that is a public document. He stated
that the WSB report is also a public document and includes documents from other public
agencies. He noted that typically these documents are not placed on the website.
Martin and the City Council agreed with the policy not to place these documents on the
City of Medina’s Website.
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X. MAYOR & CITY COUNCIL REPORTS (9:20 p.m.)
Reid stated that she continues to work on the logo approval.
Cavanaugh noted that he attended the mayors meeting and reported that it was a fun a
lively discussion.
Martin encouraged the Council to rotate attendance for that event.
XI. APPROVAL TO PAY THE BILLS (9:22 p.m.)
Moved by Cavanaugh, seconded by Martin, to approve the bills, EFT 006148E-006161E
for $51,327.18, order check numbers 052241-052300 for $315,034.80, and payroll EFT
0511426-0511459 for $54,477.53 and payroll manual check 020451 for $7,834.82.
A roll call vote was performed:
Martin aye
Reid aye
Cavanaugh aye
Albers aye
DesLauriers aye
Motion passed unanimously.
XII. ADJOURN
Moved by Cavanaugh, seconded by Martin, to adjourn the meeting at 9:23 p.m.
A roll call vote was performed:
DesLauriers aye
Albers aye
Cavanaugh aye
Reid aye
Martin aye
Motion passed unanimously.
__________________________________
Kathy Martin, Mayor
Attest:
____________________________________
Scott Johnson, City Administrator