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HomeMy Public PortalAbout02/17/98 CCM35 MEDINA CITY COUNCIL MEETING MINUTES OF FEBRUARY 17, 1998 The city council of Medina, Minnesota met in regular session on, February 17, 1998 at 7:30 p.m. in the city hall chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, and Johnson. Members absent: Ann Thies. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, Zoning Administrator Loren Kohnen, City Engineer Glenn Cook, and City Clark - Treasurer Paul Robinson. 1. Additions to the Agenda A. Letter from Hennepin County regarding purchase of voting equipment. B. Mohawk Drive Road Improvement. Moved by Phil Zietlow, seconded by Jim Johnson, to approve the agenda as amended. Motion passed unanimously. 2. Approval of the Minutes from February 3, 1998 Moved by Jim Johnson, seconded by John Hamilton, to approve the minutes as presented. Motion passed unanimously. 3. Consent Agenda Moved by Jim Johnson, seconded by Phil Zietlow, to approve the consent agenda as presented. A. Re -Zoning From Rural Residential to Suburban Residential, Michael Kelly, 1195 Hackamore, Ordinance # 298. B. Resolution 98-13 Approving Preliminary Plat for Kelly Addition, Michael Kelly, 1195 Hackamore. C. Resolution 98-14 Approving a Boxing Event at Medina Entertainment Center. Motion passed unanimously. 4. Comments from Residents in Attendance on Items Not on the Agenda There were none. 5. Park Commission Comments Jim Dillman said the park commission was working on plans and specifications for fencing and backstops for the four field complex at Hamel Legion Park. He said the commission will soon request approval to seek bids. 6. Planning Commission Comments Elizabeth Weir said the planning commission reviewed the sign ordinance at their previous meeting. Medina City Council Meeting Minutes February 17, 1998 36 7. Presentation by the Lake Independence Citizens Association Regarding an Ordinance Regulating Phosphorous Use Richard Picard said their mission was simple, they were trying to eliminate the unneeded and unnecessary excess use of the chemical phosphorus which enters into streams, wetlands, and lakes. He said this is harmful and causes algae growth which reducas the clarity of lakes, has an unpleasant odor, and negatively affects swimming, boating, fishing and other recreational activities. Dick Picard said it is expensive to get rid cf phosphorus. in '! 997 Long Lake was treated to reduce the amount of algae at a cost of $451 per acre for a tot2i cost of around $96,000. Picard said he would like the city council to consider banning commercial applicators from applying unneeded phosphorus. He said the cities of Forest Lake, Roseville, Shoreview, and Plymouth have all adopted ordinances regulating the use of phosphorus. Picard turned the presentation over to John Barton, the water quality manager for Hennepin County. John Barton cited a study where a number of lawns were tested for phosphorus. He said 90% of the lawns tested did not need any additional phosphorus. He said 76% of the lawns tested had very high levels of phosphorus. The basic conclusion of their study was that lawns with very high phosphorus, which made up 76% of the lawns, did not need any additional phosphorus added to them, and those with high levels of phosphorus needed only a small amount of additional phosphorus. He said between .66 pounds to 1.5 pounds of excess phosphorus were being used on the lawns tested. Barton said when one pound of phosphorus drains into the watershed it creates 300 pounds of algae. John Barton described methods for removing phosphorus, such as building ponds. He said, however, the most cost effective way for removing phosphorus from a watershed is by regulating the use of phosphorus going into the watershed rather than removing it from the lakes. There was some discussion about the effectiveness of ponds. Phil Zietlow said the Minnehaha Creek Watershed District put in over one million dollars into a pond for Long Lake which has caused no reduction in the amount of phosphorus. He said that ponds don't add up as a cost effective way for removing phosphorus. John Ferris said if you don't want to take phosphorus out, don't put phosphorus in. Phil Zietlow asked how this ordinance would affect farmers. Richard Picard said this was for lawn care only, it did not affect farmers. Phil Zietlow asked if there was any measured amount of improvement during the two years this ordinance was in effect in Plymouth. John Barton said, since there were no pre -ordinance measurements taken, it was difficult to determine a measured improvement. Phil Zietlow asked if there was any data on Medina specifically. Medina City Council Meeting Minutes February 17, 1998 37 John Barton said only a few lawns from Medina were tested in addition to the data for Baker Park. Phil Zietlow said he was uncomfortable passing an ordinance based on someone else's data. John Barton said that Eagan, Ramsey County, Maple Plain, Minneapolis Park and Recreation, and even commercial enterprises such as Cenex/Land O Lakes, who is going to a phosphorus free product for fertilizer, all have similar data on excess phosphorus. Lynn Bisagno, resident and member of the LICA, said that LICA applied for and received a grant to do public education on this issue. She said part of the problem was the lack of public knowledge about the use of phosphorus. She said LICA was going to pass out information at Otten Brothers and other nurseries and greenhouses as a part of a public information campaign to raise the public awareness. Richard Picard said the ban on phosphorus does not apply to new lawns or lawns that have been tested and need additional phosphorus. Phil Zietlow asked how much more money this cost applicators. Richard Picard said that it cost applicators a $100 license fee, plus $25 per truck. There was not a determination whether or not it cost the applicators more for fertilizer without phosphorus. Mike McLaughlin, another resident, and member of LICA, said that according to Plymouth's city engineer, smaller applicators had some problems with the $100 license fee, but not necessarily with the cost of phosphorus free fertilizer. He said that if Plymouth were to recommended any changes to their ordinance they would keep the license fee as low as possible. There was some discussion about whether or not the city council would like to implement this ordinance. Bob Franklin, Independence Beach resident, and also part of the LICA Board, expressed his support for the ordinance and also mentioned that Cliff Otten, also on the LICA board, is favorable to this ordinance. John Ferris said that since Medina is half water, the amount of phosphorus going into the water is an important issue. Phil Zietlow asked who would enforce it. There was some discussion about enforcement. Basically licensing of the commercial applicators and vehicles was the main enforcement tool. John Ferris said they would look into this ordinance Richard Picard said he would be happy to provide the city council with additional information and thanked the city council for their time. Medina City Council Meeting Minutes February 17, 1998 38 8. Garage Addition Ed Belland said the garage addition was 90 % complete. He said they were waiting for cabinets to arrive. Belland said he and Loren Kohnen were going to do a thorough walk through when the project was completed to make sure that all aspects of the project have been done according to the original plan and nothing has been missed. John Ferris asked if the door latch had been installed. Ed Belland said yes, it had. The only thing that hadn't been installed was the security system monitor which will be done when the cabinets arrive. 9. Hiring of an Officer Ed Belland said they completed the background investigation on Chris McGill. Everything was clean. He would like permission to make a job offer to Chris McGill following his psychological exam. Moved by Phil Zietlow, seconded by John Hamilton, to approve hiring Chris McGill contingent upon passing his psychological exam. Motion passed unanimously. 10. Foxberry Fifth Addition Loren Kohnen said staff recommended approval of Foxberry Farms 5th Addition. He said the Foxberry Farms development had been going on for a number of years and this is the latest addition to the project. Mike Pflaum of Lundgren Brothers said he was here in place of Marc Anderson who was the main person working on this project. Pflaum described the fifth addition. He said the fifth addition would consist of 26 lots. Phil Zietlow said there was a letter from Glenn Cook, the city engineer, identifying a number of issues with the project. He asked if those had been addressed. Loren Kohnen said that yes, they had. Moved by Jim Johnson, seconded by Phil Zietlow, to approve drafting a resolution authorizing final plat approval for Foxberry Farms 5th Addition, with the 16 conditions as outlined by the city engineer. Motion passed unanimously. 11. Lot Combination Replat, Tom and Vicky Debrowski, at 50 Navajo Road, Tuckborough Farms Loren Kohnen said that Mr. and Mrs. Debrowski were requesting to buy Lots 1, 2 and 3, which totaled 11.37 acres. Lot 1 has a home on it. Kohnen said these were in the rural residential zoning district and the Debrowskis would like to combine the lots and replat them into two lots. Lot 1 with their home at 5.95 acres and Lot 2 at 5.42 acres. Kohnen said both parcels met the soil requirements for the city. Kohnen said additional information was provided by the public works director and the city engineer and included in the packets. He said the city council would need to set a public hearing to abandon the existing drainage and utility easement between Lot 1 and Lot 2, and also between Lot 2 and Lot 3. Medina City Council Meeting Minutes February 17, 1998 39 Kohnen said staff recommended approval of the replat with the appropriate drainage and utility easements on all property lines and a 50 foot easement over the drain tile over the northeast portion of both lots. Kohnen showed the lot combination on an overhead. There was some discussion about the drainage. Loren Kohnen said the planning commission recommended approval with three conditions. Moved by Jim Johnson, seconded by Phil Zietlow, to approve drafting of a resolution approving the preliminary lot line rearrangement with the three conditions from the planning commission. Motion passed unanimously. 12. Setting a Public Hearing for Vacation of Drainage Easements There was some discussion about the date. The second meeting in March, the 17th was chosen. Moved by John Hamilton, seconded by Phil Zietlow, to set the public hearing for the vacation of drainage easements between Lots 1 and 2 and Lot 2 and Lot 3 of Tuckborough Farm on March 17 at 8 p.m. Motion passed unanimously. 13. Planning Commission Appointments There was some discussion about the five applicants. Two of the applicants had not lived in the city for three consecutive years. Therefore, they were not eligible. There was some discussion about the number of commission members. Overall the city council believed that the size currently was appropriate. Phil Zietlow said that nine was great. He said it increased involvement and often planning commission members ended up as city council members. He said a larger number increased the city's volunteer base. Jim Johnson asked Loren Kohnen's opinion about the size of the planning commission. Kohnen said a larger group represents a wider geographic group of the citizens. However, he believed a smaller number actually enabled more participation. There was some additional discussion about size. The city council decided to keep the size of the planning commission at nine. Moved by Phil Zietlow, seconded by John Hamilton, to re -appoint Bruce Workman, Carolyn Smith and Jerry Brost to the planning commission for three year terms. Motion passed unanimously. 14. Highway 101 Waterline Glenn Cook said with the approval of the Holiday Station, this was a good time for the city to run a water main along 101 to loop the water system serving the Cherry Hill area. This would involve running a water main under Highway 55 along CR 101 up to Cherry Hill. He said the estimated cost was $120,000. He said approximately 50% of that could be assessed to the adjoining properties, and 50% of that fee would have to be taken out of revenue raised from trunk fees. Cook said that when residents and businesses hock up to the sewer and water systems in the city they pay trunk fees which support development of the remaincicIr of the systems. Glenn Medina City Council Meeting Minutes February 17, 1998 40 Cook showed an overhead of the entire trunk system as proposed. He said the trunk fees are used to create the entire system. He said this was done to equally charge all users of the system for development of the system as a whole. The only difference is for commercial properties which are charged a higher rate versus residential properties. However businesses also place larger demands on the water system. Commercial properties require 2,500 gallons per minute of fire volume, versus 1,500 for residential. John Ferris said that if the water system was looped, one end of the system could be shut down and water could still be served to the residents of Cherry Hill. Glenn Cook said that was true. He asked the city council to update the feasibility study to include 1998 cost estimates versus 1997. Phil Zietlow asked what would happen to the water main running through the Medina Ballroom property. Jim Dillman said that at some point it could be abandoned. What looping will do is give the city time to decide what to do in case that water main breaks down. Currently, if the water main breaks down, ifs the only way that water is delivered to Cherry Hill, and in an emergency, the city would have to replace it in some manner. By looping the water main it gives the city time to make a better decision about what to do at that point. Glenn Cook said that he would need an additional four hours or so to update the feasibility study. Moved by John Hamilton, seconded by Phil Zietlow, to approve updating of the feasibility study of the Highway 101 water main. Motion passed unanimously. Ron Batty said that another public hearing will need to be held in order for this project to go forward since more than six months has elapsed since the previous hearing. 15. Mohawk Road Improvement Jim Dillman said a resident on Mohawk Drive took the lead and got approval from a majority of the residents, if not all of the residents, for petition and waiver agreements for the Mohawk Drive project. Dillman said the city would need to collect $3,000 per lot for the property owner's portion of the project. He said the city council would need to set the time period for the payback and the interest rate. There was some discussion about the amount of interest and the term. Dillman said the cost of the project could increase if rates for blacktop increased dramatically in 1999. He said he did not foresee this happening. Moved by Jim Johnson, seconded by Phil Zietlow, to approve drafting petition and waiver agreements for the Mohawk Drive project with an assessment tern') of six years, an assessment rate of 6.5% and a cost of $3,000 per lot. Motion passedsfnanimously. Medina City Council Meeting Minutes February 17, 1998 41 John Ferris said that by doing the petition and waiver agreements in this manner saves the residents around $1,200 per lot. There was some discussion about if one resident did not sign a petition and waiver agreement if this could delay or terminate the project. Ron Batty said at that point the city could go forward with a super majority. The council would, however, need to hold a public hearing in order to assess anybody who did not sign a petition and waiver agreement. Jim Dillman said from what he has heard so far all residents will sign a petition and waiver agreement. 16. March 3, 1998 City Council Meeting Paul Robinson said March 3`d is the day for state wide precinct caucuses. He said because of this the city council would need to reschedule the first meeting in March. Typically this city council has picked the following day. Moved by John Hamilton, seconded by Phil Zietlow, to move the Tuesday, March 3, 1998 city council meeting to Wednesday, March 4 at 7:30 p.m. Motion passed unanimously. 17. Voting Equipment Purchase by Hennepin County Paul Robinson said Hennepin County would like to work cooperatively with the cites in the county to purchase new voting equipment. The county would use the cities old voting equipment as a trade for new equipment which the county would own. Robinson said this has been driven by larger cities and the county who would like to improve the reliability of the voting equipment and to have more flexibility in creating ballots. Phil Zietlow asked how much this would cost the city. Paul Robinson said there would be a service charge for the upkeep of the machine, hut there would not be an overall cost increase to the city. Moved by Phil Zietlow, seconded by John Ferris to approve the concept of Hennepin County purchasing new election equipment. Motion passed unanimously. 18. Approval to Pay the Bills Moved by Jim Johnson, seconded by Phil Zietlow, to approve the bills, order check numbers 18079-18131 for $22, 903.27, and payroll check numbers 15537-15548 for $11,610.24. Motion passed unanimously. 19. Adjournment Moved by Jim Johnson, seconded by John Hamilton, to adjourn the meeting at 8:32 p.m. Motion passed unanimously. B. Ferris, Mayor Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes February 17, 1998 42 (THIS PAGE LEFT BLANK INTENTIONALLY) Medina City Council Meeting Minutes February 17, 1998 43 ORDER CHECKS - FEBRUARY 17, 1998 18079 Air Touch Cellular $ 116.81 18080 All Makes Office Furniture 728.46 18081 Al!star Electric 264.04 18082 American Express 2,129.86- 18083 American Linen Supply 46.66 18084 Batteries Plus 91.65 18085 Budget Printing 97.44 18086 Casara Computer Systems 285.71 18087 Certified Power, Inc. 53.45 18088 Kathy Cook 90.00 18089 Custom Rubber Stamp 135.10 18090 Cy's Uniforms 840.05 18091 Feed Rite Controls 35.00 18092 Fortin Hardware 66.15 18093 Genuine Parts 106.50 18094 Glenwood Inglewood 41.05 18095 Goodin Co 169.52 18096 Gopher State One Call 68.25 18097 Grainger 37.70 18098 Healthpartners 2,260.87 18099 Anne Heidemann 120.00 18100 Hennepin County Support 565.00 18101 Lake Business Supply 41.78 18102 Lakeshore Weekly News 50.00 18103 Law Enforcement Labor Services 66.00 18104 League of Minnesota Cities 61.64 18105 Leonard Leuer 80.00 18106 Long Lake Glass 248.00 18107 Mayer Mobil 10.62 18108 Metro Electrostatic Painting 175.00 18109 Metropolitan Council 1,980.00 18110 Midwest Automotive 1,079.42 18111 Frank Mignone 100.00 18112 Minn Comm 46.60 18113 Minnesota Mayors Assn. 20.00 18114 MPCA 23.00 18115 Northern States Power 952.47 18116 P.E.R.A. 2,601.32 18117 Perry's Truck Repair 771.92 18118 Reynolds Welding 39.62 Medina City Council Meeting Minutes February 17, 1998 44 ORDER CHECKS — FEBRUARY 17,1998 (CONT'D) 18119 Carolyn Smith 120.00 18120 Tallen & Baertschi 2,342.52 18121 TIE/Communications, Inc. 959.25 18122 Twin City Water Clinic 20.00 18123 U.S. West Communications 34.60 18124 Warning Lites 72.63 18125 Elizabeth Weir 60.00 18126 Bruce Workman 90.00 18127 Wright -Hennepin Electric 1,221.47 18128 Wright -Hennepin Security Services 76.14 18129 Great West Life Assurance 875.00 18130 Minnesota Mutual 205.00 18131 Minnesota State Retirement System 130.00 $ 22,903.27 PAYROLL CHECKS —FEBRUARY 16,1998 15537 Paul A. Robinson 935.17 15538 Steven T. Scherer 961.06 15539 Michael J. Rouillard 717.98 15540 Scott W. Kroeger 868.02 15541 James D. Dillman 1,116.20 15542 Robert P. Dressel 948.61 15543 Edgar J. Belland 1,494.87 15544 Cecilia M. Vieau 717.32 15545 Laura L. Sulander 930.97 15546 Sandra L. Larson 768.46 15547 Jon D. Priem 1,230.18 15548 Jeremy L. Christenson 921.40 $11,610.24 Medina City Council Meeting Minutes February 17, 1998