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HomeMy Public PortalAbout09/05/95 CCM134 14938 14939 14940 14941 14942 14943 14944 14945 14946 14947 14948 14949 14950 14951 14952 14953 14954 14955 14956 14957 14958 14959 14960 14961 14962 14963 14964 14965 14966 14967 14968 14969 14970 14971 14972 14973 14974 14975 14976 14977 14978 14979 14980 14981 14982 14983 14984 14985 14986 14987 14988 14989 14990 14991 14992 14993 14994 14995 14996 14997 14998 14999 A T & T ORDER CHECKS - SEPTEMBER 5, 1995 Allstar Electric • �r":(4."- ('52,320.00 American Bank & Trust �•"I'Vr�S American Linen supply 40.20 Wesley Bendickson 100.00 Big A Auto Parts 7.43 Blitz Foto $ 331.14 118.62 Bryan Rock Products Budget Printing Buffalo Bituminous Burlington Northern Classic Cleaning Railroad Commercial Life Ins. Co Commissioner of Revenue Davies Water Equipment Delta Dental E-Z-Recycling Equal Net Farmers State Bank of Hamel Feed Rite Controls Fortin Hardware G L Contracting 14.97 4,657.60 359.20 5,524.32 750.00 383.40 86.35 1,382.12 819.03 669.45 2,132.58 44.67 5,904.29 73.27 186.21 175.00 Greater N.W. office of R.E. Assess 2,383.07 Hamel Fire Dept. 28,102.25 Harris office 95.00 Hennepin Co. Registrar of Title 3.00 Hennepin Co. Sheriff 207.60 Hwy. 55 Rental 158.82 Jude Wholesale/Advantage Paper 37.08 Kennedy & Graven 7,511.40 Edward Kraemer & sons 32,194.63 Lake Business Supply 48.46 Long Lake Fire Dept. 2,526.00 Long Lake Tractor & Equipment 18.00 Loretto Fire Dept. 7,159.44 Maple Plain Fire Dept. 775.00 Medcenters Health Care 2,234.82 Medica 3,330.51 Metro.Council Wastewater Svcs. 8,460.00 Midwest Asphalt Corp 96.6 Minnegasaco 53.2 Minnesota County Attorneys 166.19 Minnesota Dept. of Pub. Safety 50.00 Moore Business Products 318.07 Municipals, Anne Wager 54.00 North Star Concrete 971.66 Northern States Power 2,261.02 Northern States Power 663.86 P.E.R.A. 4,556.16 Perry's Truck Repair 323.11 Pitney Bowes 41.62 Pitnew Bowes Credit Corp 283.38 Prolawns Assoc. on the Lake 2,275.00 Quill Corp 63.49 Randy's Sanitation 227.70 Sewerman, Inc. 680.00 True Value Hardware 1,070.37 Twin City office 532.37 U.S. West Cellular 111.88 U.S. West Communications 314.68 Uniforms Unlimited 61.00 Warning Lites 99.20 135 ORDER CHECKS - SEPTEMBER 5, 1995 (CONT'D) 15000 Water Pro 789.47 15001 Westside Wholesale Tire 12.13 15002 Wright Hennepin Security Services 35.41 15003 Wright Hennepin Electric 1,036.97 15004 Ziegler, Inc 47.68 $188,521.28 PAYROLL CHECKS - SEPTEMBER 5, 1995 14479 Steven T. Scherer $ 1,063.85 14480 Richard R. Rabenort 1,457.17 14481 Michael J. Rouillard 1,020.98 14482 Scott A. Stillman 1,109.66 14483 James D. Dillman 1,229.05 14484 Robert P. Dressel 1,183.97 14485 Edgar J. Belland 1,055.23 14486 Jeffrey E. Karlson 1,188.63 14487 Cecilia M. Vieau 683.88 14488 Laura L. Sulander 859.45 14489 Sandra L. Larson 719.82 14490 Joseph R. Heyman 806.06 14491 Jon D. Priem 771.80 14492 Luke N. Vigoren 375.49 14493 Anne E. Theis 207.79 14494 Ann C. Thies 138.52 14495 John B. Ferris 138.52 14496 Philip K. Zietlow 138.52 14497 James R. Johnson 138.52 14498 Steven T. Scherer 445.44 14499 Richard R. Rabenort 1,257.17 14500 Michael J. Rouillard 998.98 14501 Scott A. Stillman 1,133.34 14502 James D. Dillman 1,147.45 14503 Robert P. Dressel 574.52 14504 Edgar J. Belland 1,022.25 14505 Jeffrey E. Karlson 657.33 14506 Cecilia M. Vieau 363.43 14507 Laura L. Sulander 461.33 14508 Sandra L. Larson 417.94 14509 Joseph R. Heyman 825.58 14510 Jon D. Priem 771.80 14511 Luke N. Vigoren 184.70 $24,548.17 136 MEDINA CITY COUNCIL MEETING MINUTES OF SEPTEMBER 5, 1995 The City Council of Medina, Minnesota met in regular session on September 5, 1995, at 7:30 p.m. in the City Hall Council Chambers. Mayor Anne Theis presided. Members Present: John Ferris, James Johnson, Ann Thies, Philip Zietlow, and Mayor Theis. Members Absent: None. Also Present: Police Chief Rick Rabenort, Public Works Director Jim Dillman, City Engineer Shawn Gustafson, City Planner David Licht, Zoning Administrator Loren Kohnen, City Attorney Ron Batty, and Clerk -Treasurer Jeff Karlson. 1. Adoption of the Agenda MOVED BY ZIETLOW, SECONDED BY THIES, TO ADOPT THE AGENDA WITH THE FOLLOWING ADDITIONS: • Update of Long Lake Improvement Project • Northwest Suburban Chamber of Commerce Annual Dinner and Silent Auction MOTION PASSED UNANIMOUSLY. 2. Consent Agenda MOVED BY JOHNSON, SECONDED BY THIES, TO ADOPT THE CONSENT AGENDA, AS FOLLOWS: • Approval of Fencing for Hunter Lions Park at a Cost of $3,980 • Resolution No. 95-36, "Resolution Granting Final Approval to the Plat of Regina Estates" (Thomas and Vickey Debrowski) MOTION PASSED UNANIMOUSLY. 3. Minutes MOVED BY JOHNSON, SECONDED BY MAYOR THEIS, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 15, 1995, AS SUBMITTED. MOTION PASSED UNANIMOUSLY. 4. Hennepin County Public Works Facility Peter Vesterholt of The Alliance introduced several of the people involved with the proposed Hennepin County Public Works Facility. Those introduced were as follows: Greg Karr, Hennepin Co. Architect; Pat McGowan, Hennepin Co. Sheriff; Dick Esensten and Roger Laurence, Hennepin Co. Radio Communications Dept.; Vern Genzlinger, Hennepin Co. Public Works Director; Jim Grube, Hennepin Co. Transportation Manager; and David Warzala and Fred Dock, civil engineers from Barton-Aschman. Vesterholt said the primary objective during the planning process was to respect the proposed building site by paying special attention to specific environmental concerns, 137 especially wetlands. Vesterholt said the county emphasized this throughout the planning process. The facility being proposed for initial construction was 255,000 square feet in size. The county planned to grow to a 350,000 square foot facility. The public works facility would employ 355 people. Vesterholt said the county would go out for bids in the winter of 1995 and construction of the facility would begin in the spring of 1996 with a projected completion by Fall, 1997. Facilities that could be added to the site later included a county service center, a sheriffs patrol center, a 75 foot microwave tower, a library, a recycling station, and outdoor recreational facilities. Vesterholt said construction of a new facility needed to occur as a county -wide development need. He pointed out that the county would not need to encumber the city's sewer system because it would be recycling gray water which would then be discharged into a mound system. Anne Theis asked why the county needed a 400 foot radio tower on the site. Hennepin County Sheriff Patrick McGowan said the radio transmission tower was part of an integrated 800 megahertz radio system which would allow police, fire, and ambulance communication throughout Hennepin County. Roger Laurence said the 400 foot tower would serve as the backbone to a system of 15 integrated radio towers. Laurence said the Medina tower would provide service for both the eastern portion of Hennepin County and the western portion. He said the county already had two 400 foot towers in Minneapolis and Golden Valley. Laurence said Medina would benefit from the tower for several reasons, including high performance for portable radios for local police and fire, high reliability, and surplus tower space if Medina wished to upgrade their own radio service sometime in the future. Phil asked what agency was the driving force behind the metro -wide radio communication system. Laurence said several public bodies were involved, including a Metropolitan Radio Board, the State of Minnesota, the Met Council, the City of Minneapolis, and an emergency preparedness segment. Zietlow asked who was paying for the new system. Laurence said the Met Council had bonding authority for 13 million dollars, 10 million would come from entities using the system, 3 million from regional taxing authorities, and 3 million from MnDOT. Laurence said the county was paying for the backbone of the radio system and local entities would buy their own mobile and portable radios. He said the radios could double in price with the new technology. McGowan noted that the metro area was running out of air space which was the initial driving force for going to the 800 megahertz system. McGowan said the state 138 legislature had to get this accomplished in 1995 because the FAA gave notice that they were going to release the air channels by July 1, 1995. Otherwise, the metro area would continue to have an uncoordinated system with independent channels, making direct communication by hand-held radio between law enforcement, fire, and emergency vehicles nearly impossible. Laurence said the county tried to use existing sites in their design which were located the most optimally for the best coverage possible. He said the design evolved over the course of four years. Zietlow asked if the city had to accept the plan. Laurence said the city had ultimate authority to grant the permits necessary for the plan to occur. He mentioned that there was a bill in Congress which would give the federal government oversight over all radio communication systems. Mayor Theis noted that Roger Laurence had mentioned that the result of the new system would give everyone in the western metro area more reliable radio communication. She asked if anyone had come up with a proposal to give cities like Medina a financial reward for allowing a tower to be built in their city. Rich Esensten said the county already absorbed the capital cost of radio equipment and leased the equipment to cities. Esensten referred to Roger Laurence's comments regarding the benefits of the tower such as overlapping coverage, reliability, and surplus space on the tower. Jim Johnson asked why the tower was placed right next to Highway 55 instead of farther back to the south. Vesterholt said it was the best location because the tower would be located in a commercial zone further away from residential homes. Johnson asked why the county did not apply for a variance since Medina's ordinance regulated the size of towers. Ron Batty said it was standard to write the rules in a PUD. Batty said if the council wished to allow a 400 foot tower under the PUD, it could. Ann Thies noted that since the radio tower was a part of the PUD application, had all the approving agencies given this a proper review. Thies said some of the agencies that reviewed the EAW had addressed it as a concept only. Shawn Gustafson said none of the five agencies that reviewed the EAW mentioned the tower. Anne Theis asked if the agencies were aware of the tower. 139 Gustafson pointed out that page 59 of the EAW discussed whether the project would create adverse visual impacts. The lighting landscape and radio transmission tower were noted. Pages 62 o 64 specifically discussed the radio transmission tower. Zietlow posed the question of how many people would be able to see the tower from their homes. Zietlow said he viewed this as a negative for the community and believed Medina should be compensated with a positive to balance things out. McGowan said the message was not falling on deaf ears and he understood Medina's concerns. He said the county was working to makes things better for everyone by improving public safety. Johnson said it seemed that the county was putting the 400 foot towers too close together. McGowan said the current system operated on 155 megahertz's. He said the lower frequencies were used up and higher frequencies were needed to obtain clear channels of communication. McGowan said because frequencies are regulated, the county needed 15 transmitting towers with low transmitting power so that the frequencies could be chopped off three miles outside the county boundaries. He said the county had been using antiquated radio equipment which they could no longer get parts for. Johnson asked what the trade-off would be if a 400 foot tower was not put up in Medina and smaller towers were installed elsewhere in the county instead. McGowan said it cost the county about a million dollars to put up a tower on each site. He said the county's tax portion would have to go up as a result. McGowan said the county was trying to build a system that benefited everyone in the county. He said the choice was to build an integrated system or go with a series of individual channels. Johnson asked if the system covered Wright County. Laurence said no, although with omni-directional antennas there would be some coverage in Wright County. Laurence said some of the towers used directional towers such as the Rogers site where the antennas would be pointed south. He said the Medina site could use an omni-directional pattern to take advantage of the height. Dave Warzala said Barton-Aschman was charged with looking at wetland mitigation, the alignment of Prairie Drive, water runoff, egress and ingress to the site, and traffic control. Zietlow asked if the signal lights at the intersection of Highway 55 and Arrowhead Drive would be in place before construction began. 140 Anne Theis said the city felt it was important that the intersection be upgraded with traffic signals before the construction trucks started rolling in. Jim Grube said the county shared the city's concern that the traffic at the intersection be controlled prior to the construction work beginning in earnest. Grube said the county had talked to MnDOT about having at least a temporary signal light. Dave Taylor of Loram Maintenance of Way said Loram was concerned about the location of their main entrance and they did not want it aligned at the intersection as laid out in the plans. Their reasoning was that this would require all incoming trucks to enter through the employee parking lot. Taylor said Loram was concerned that if Prairie Drive were extended to the east, the road would go directly through Loram's property. Gustafson said Medina's comprehensive plan showed an east -west frontage road along Highway 55. However, the city did not expect a lot of east -west traffic. Gustafson said there was no need to extend Prairie Drive through Loram's property at the exact location shown on the comprehensive plan. An offset tee intersection had been reviewed and found acceptable which would place the future easterly extension further south. Taylor said Loram wanted an additional driveway entrance further south on Arrowhead and the current north driveway gated. Wallace Doerr said he was concerned about water runoff from the Hennepin County site and its effect downstream to Lake Medina. He asked if the city would have a systematic plan to monitor water runoff from the site. Gustafson said the county would be using proven technology to remove contaminants and sediments such as nitrogen and phosphorus from their water. Gustafson said the county would be using skimmer outlet structures for trash and oil removal from their ponds around the site. Gustafson said there was a lot of documentation that these outlet structures were effective in collecting pollutants and contaminants. He said the city would not be monitoring stormwater, but could if necessary. Gustafson added that the county would be planting native prairie grass around the ponds. He said based on his analysis, the public works facility would have no impact on the water level of Lake Medina. Zietlow said he assumed that the design of the septic systems was better than usual. Loren Kohnen said each septic site was over -designed, including the backup site. Arlene Dalbec, 2932 Pioneer Trail, asked if traffic would increase on Pioneer Trail. Gustafson said city staff was in agreement that traffic would increase on Pioneer Trail because of the traffic signal that would be added at the intersection of Highway 55 and 141 Arrowhead Drive. He said the county did not agree to take over Pioneer Trail but did agree to pave the road. Johnson asked what the timetable was for improving the Highway 55 and Arrowhead intersection and when the railroad crossing would be improved. Jim Grube said the first goal was to install a temporary signal system. He said the timing of it depended on the construction element, but the goal was to have temporary signals in place before construction began. The intersection would be completed when building construction was complete. Grube said the county was working with MnDOT on the plans to improve Highway 55 to four lanes between Pinto Drive and Arrowhead. Grube said the railroad crossing would be completed in conjunction with the Highway 55 and Arrowhead upgrade. He said application had been made to install the railroad crossing arms. Gustafson said the EAW comment period had ended approximately two weeks ago. He said the city had 30 days from that date to declare whether the environmental impacts were was adequately addressed. Gustafson said staff found no reason to require an Environmental Impact Statement, but that some statements in the EAW needed clarification. He noted that the city would be sending out formal replies to each of the written comments received. MOVED BY THIES, SECONDED BY FERRIS, TO ADOPT THE FINDINGS OF FACT AND DECISION PERTAINING TO THE HENNEPIN COUNTY PUBLIC WORKS FACILITY ENVIRONMENTAL ASSESSMENT WORKSHEET. MOTION PASSED UNANIMOUSLY. David Licht of Northwest Associated Consultants, Inc. said the Met Council had indicated that the City would need to amend its comprehensive plan because the proposed industrial land use was not consistent with the City's adopted land use plan. Licht said new legislation required that the land use plan and zoning map be identical. He said the controversy involved the south border of the site which was zoned rural residential instead of rural commercial. Licht said after he talked to the Met Council, they were satisfied that a comprehensive plan amendment was not necessary. They requested that the City provide a letter which addressed the land use plan and other related matters. Licht provided a copy of a letter he had drafted to the Met Council which explained the steps Medina would take to address the matter. MOVED BY ZIETLOW, SECONDED BY MAYOR THEIS, TO AUTHORIZE LOREN KOHNEN TO SEND AN OFFICIAL COMMUNICATION TO THE MET COUNCIL INCORPORATING THE LANGUAGE DRAFTED BY NORTHWEST ASSOCIATED CONSULTANTS, INC. MOTION PASSED UNANIMOUSLY. Licht noted that the radio tower would have to be inserted on page 2, item 3 of the Findings of Fact and Decision for the PUD. Licht also pointed out that the county responded in an August 9, 1995 letter that they would be willing to accept the City's 142 proposal that the county take over jurisdiction of Hamel Road between Parkview Road and Pinto Drive, Pinto Drive between Hamel Road and TH 55, and Arrowhead Drive between Hamel Road and TH 55. However, the county did not agree to accept Pioneer Trail between Hamel Road and TH 55, but did agree to provide a two-inch bituminous pavement to a 24-foot width in 1996 as a mitigation to the cut -through traffic increase which was anticipated during the construction of the TH 55 improvements. MOVED BY ZIETLOW, SECONDED BY THIES, TO ACCEPT THE HENNEPIN COUNTY PROPOSAL FOR ROADWAY IMPROVEMENTS IN MEDINA AS STATED IN A LETTER DATED AUGUST 9, 1995 LETTER. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY JOHNSON, TO ADOPT THE FINDINGS OF FACT AND DECISION PERTAINING TO HENNEPIN COUNTY'S APPLICATION TO REZONE CERTAIN LAND TO A PUD, PLANNED UNIT DEVELOPMENT ZONING DESIGNATION. MOTION PASSED UNANIMOUSLY. 5. Lundgren Bros. Construction -- Request for Reduction of Financial Guarantee Lundgren Bros. Construction requested that the City reduce their financial guarantee to reflect work completed through August 1, 1995, in accordance with the Development Agreement dated May 1, 1995. Shawn Gustafson said Bonestroo reviewed the work completed and determined that Lundgren had completed approximately 90 percent of the site grading and 90 percent of the sewer and water main installation. Gustafson recommended a reduction in the letter of credit from $672,000 to $264,900 and the bond from $336,000 to $132,450. MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE THE REDUCTION OF LUNDGREN BROTHERS' LETTER OF CREDIT FROM $672,000 TO $264,900 AND THE BOND FROM $336,000 TO $132,450. MOTION PASSED UNANIMOUSLY. Note: The original amounts were $777,000 for the letter of credit and $388,500 for the bond. At the August 1, 1995 meeting, the council approved a letter of credit reduction of $105,000 and a bond reduction of $52,500 for site grading work completed through June 30. 1995. 6. Bill Nunn -- Request for Land Alteration Permit Bill Nunn, 2825 Willow Drive, had applied for a land alteration permit to fill in a portion of his property with dirt. Loren Kohnen reviewed the permit and determined that the boundaries where the fill activity was to occur should be staked and that erosion measures should be provided, such as a silt fence. Kohnen said he received a complaint that several trucks were hauling dirt to Bill Nunn's. Kohnen said he visited the site and discovered that a large amount of fill had been pushed over a bank into a wetland. Kohnen said small piles of construction material, hay, and manure were also pushed over the edge of the hill. He said the land alteration permit had not been picked up. 143 John Ferris said Nunn should have obtained a valid permit before engaging in this type of activity. Shawn Gustafson said it was customary for the City to require erosion control measures before any excavation occurred. Gustafson said he inspected the grading activity at the site and saw there was up to ten feet of fill material placed north and west of the stable facilities. He said the fill was encroaching on an apparent wetland where there were very steep slopes and no erosion control in place. Gustafson said a silt fence should be installed immediately along the edge of the fill area to protect the wetland and downstream drainage features. Gustafson said the wetland should be delineated to determine how much area had been filled. Any fill placed in the wetland would require that the property owner apply for a permit or an exemption to the Wetland Conservation Act. Gustafson said the City had the authority to issue a cease and desist order. Bill Nunn said he did not believe that he needed a permit. Nunn said the area was not a wetland prior to 1985. He said development had affected the drainage in the area. Nunn acknowledged that the soil was classified as peaty muck. Nunn said the DNR had cautioned the City about the placement of the driveways across the wetlands prior to the construction of Willowood Farm Road. Nunn added that this was not a DNR wetland. Phil Zietlow pointed out that Lake Minnetonka hit an all-time low in the 1980s. Zietlow said if the soil was classified as peaty muck, it was a wetland. Nunn said the road acted as a dam, creating drainage problems. Zietlow said there should be a culvert to handle the flow of water. Nunn said there was, but less than two inches of water passed through the culvert. Gustafson said it was possible that the culvert could have lifted due to frost. He said a culvert can rise over time. Jim Dillman said this problem was similar to the one at Lake Peter. As agricultural areas are developed into residential areas, nothing is maintained. He said it was possible that these types of areas were gradually reverting back to there natural state. Ferris said it was the City's responsibility to enforce the law. Gustafson noted that this was not a DNR wetland. He said there were no exemptions for a DNR wetland. Gustafson said all other wetlands are controlled byMedina, which acted as its own LGU, and the U.S. Corp of Engineers. Gustafson said that since the wetland was not a DNR wetland, Nunn could apply for an exemption, but the exemption was good only up to 400 square feet. Any more than 400 feet, Nunn would have to apply for a permit and replace wetland according to the 2:1 replacement ratio. 144 Ferris said Nunn first needed to have someone come out and delineate the wetland. After that it would be clear what steps needed to be followed. Ferris said the culvert issue should also be resolved. He added that the underlying issue was compliance. Kohnen said the silt fence should be installed immediately. 7. Tom Supel/Thomas Lundell -- Lot Split/Combination Tom Supel, 2782 Tamarack Drive, wished to split 2.68 acres from his property and sell it to Thomas Lundell, 2892 Trappers Trail. Loren Kohnen said Supel's lot would be 6.82 acres after the split and met all the soil requirements in accordance with the ordinance. Kohnen said Lundell's parcel would increase to 7.65 acres after the combination and exceeded Medina's soil requirements. Kohnen said Lundell also requested that a 150 foot drainage and utility easement be vacated. MOVED BY THIES. SECONDED BY MAYOR THEIS, TO ESTABLISH TUESDAY. OCTOBER 3, 1995, AS THE DATE OF A PUBLIC HEARING TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTH LINE OF BLOCK 3, LOT 2, WINDANCE. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY THIES, TO AUTHORIZE STAFF TO PREPARE A RESOLUTION GRANTING PRELIMINARY APPROVAL OF A LOT SPLIT/ COMBINATION TO TOM SUPEL AND THOMAS LUNDELL. MOTION PASSED UNANIMOUSLY. 8. Medina Road Improvement Project Shawn Gustafson provided plans and specifications and a schedule for the Medina Road improvements from Holy Name Road to Brockton Lane. According to the schedule, construction would begin in October, 1995. The initial paving and restoration would occur in November, 1995 and the final surfacing would be completed June, 1996. MOVED BY JOHNSON, SECONDED BY ZIETLOW, TO ADOPT RESOLUTION NO. 95-37, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF MEDINA ROAD FROM BROCKTON LANE TO HOLY NAME DRIVE. MOTION PASSED UNANIMOUSLY. 9. Consideration of Call -Out Procedure Jim Dillman alerted the council that the public works department did not have an official call -out procedure. Dillman said this had not presented a problem in the past, but there was always the risk that no one would be available to respond to an emergency. Dillman said it would cost in excess of $10,000 for overtime wages if an official call -out policy was adopted. 145 MOVED BY FERRIS, SECONDED BY MAYOR THEIS, TO NOT ADOPT AN OFFICIAL CALL -OUT POLICY. MOTION PASSED UNANIMOUSLY. 10. 1996 Preliminary Budget and Tax Levy Jeff Karlson said the 1996 budget prepared by staff showed a preliminary levy of $873,434. Karlson said based on the taxable tax capacity estimated for 1996, the City's current tax rate of 14.57% would remain about the same or below in 1996. The proposed levy was ten percent over the levy adopted in 1995. MOVED BY THIES, SECONDED BY ZIETLOW, TO HOLD THE TRUTH IN TAXATION HEARING ON WEDNESDAY, DECEMBER 6, 1995, AND THE CONTINUATION HEARING ON WEDNESDAY, DECEMBER 13, 1995, IF NECESSARY. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO CERTIFY A PRELIMINARY TAX LEVY OF $873,434 TO THE COUNTY AUDITOR. MOTION PASSED UNANIMOUSLY. MOVED BY FERRIS, SECONDED BY ZIETLOW, TO ADOPT RESOLUTION NO. 95- 38, "RESOLUTION CERTIFYING THE PROPOSED PROPERTY TAX LEVY FOR 1996 AND ESTABLISHING THE DATE, TIME AND PLACE FOR THE TRUTH IN TAXATION HEARING." AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 95-38 ADOPTED ON A 5-AYE AND 0-NAY VOTE. MOVED BY FERRIS, SECONDED BY JOHNSON, TO ADOPT RESOLUTION NO. 95- 39, "RESOLUTION DECLARING THAT THE CITY HAS ADEQUATE RESERVES TO COVER BONDED INDEBTEDNESS IN 1996. AYES: FERRIS, JOHNSON, THIES, ZIETLOW, AND MAYOR THEIS. NAYS: NONE. RESOLUTION NO. 95-39 ADOPTED ON A 5-AYE AND 0-NAY VOTE. 11. Consideration of Cities Week Mayor Theis said she received an announcement regarding Cities Week sponsored by the League of Minnesota Cities and asked if the Council was interested in participating by sponsoring an event to promote the city. The Council elected not to participate due to the lack of time to promote an event. 12. Update of Long Lake Cleanup Project Phil Zietlow said the Minnehaha Creek Watershed District (MCWD) Board met August 31, 1995 to vote on starting condemnation proceedings on Jack Wohlfer's property. Zietlow said he was able to convince four of seven board members to vote to delay condemnation proceedings for two weeks in order to consider Bonestroo's proposed alternative method of phosphorus removal. Zietlow said Bonestroo's alternate proposal contained a new method of technology which was less expensive but unproven. Zietlow said he was beginning to back away from this proposal because of some of the risks associated with the new method. Zietlow said the MCWD Board was holding an 146 informal hearing on September 12, 1995 to hear comments from adjoining property owners. He added that the next step would be the formal CUP process. Zietlow pointed out that because the MCWD would be filling in wetlands, they might need 20 acres instead of 14 acres because of the 2:1 replacement rule. He said the MCWD was working with Congressman Jim Ramstad to obtain an exemption from the rule. The MCWD will use mitigation on another project if they do not get an exemption. 13. NW Suburban Chamber of Commerce Annual Dinner and Silent Auction Mayor Theis said the NW Chamber was holding its annual dinner and was asking for a donation for the silent auction. Since the City had not contributed to this event in the past, the Council felt it would better to refrain from offering a contribution. 14. Payment of Bills MOVED BY FERRIS, SECONDED BY THIES, TO APPROVE PAYMENT OF ORDER CHECK NUMBERS 14938-15004 FOR $188,521.28 AND PAYROLL CHECK NUMBERS 14479-14511 FOR $24,548.17. MOTION PASSED UNANIMOUSLY. 15. Adjournment MOVED BY THIES, SECONDED BY ZIETLOW, TO ADJOURN THE MEETING AT 11:24 P.M. MOTION PASSED UNANIMOUSLY. Anne E. Theis, Mayor ATTEST: CC Karon, CityClerk-Treasurer September 5, 1995