HomeMy Public PortalAbout10/02/01 CCM215
MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 2, 2001
The City Council of Medina, Minnesota met in regular session on October 2, 2001 at 7:30 p.m.
in the City Hall Chambers. Mayor John Ferris presided.
Members present: Ferris, Lane, Smith, Workman, and Zietlow.
Members absent: None.
Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman,
City Engineer Tom Kellogg, Planning & Zoning Administrator Loren Kohnen, and Deputy Clerk -
Treasurer Laura Sulander.
1. Additions to the Agenda
A. CSO Position in Police Department.
Moved by Phil Zietlow, seconded by Carolyn Smith, to approve the agenda as amended.
Motion passed unanimously.
2. Consent Agenda
A. Resolution 01-51 Granting Preliminary Plat Approval for Daniel Bennis/Bennis
Investment Properties, LLC
B. Resolution 01-52 Granting a Conditional Use Permit to Stephen Spraungel for 822
Tower Drive
C. Trees for Hamel Legion Park
Carolyn Smith asked about the item for trees in Hamel Legion Park. In the memo from Jim
Dillman it mentions that the cost for the trees would come from the Environmental Fund and she
questioned why it would not be from the Park Fund.
Phil Zietlow said that there had been contributions made to the Environmental Fund for that
purpose.
Carolyn Smith asked who would take care of the trees.
Phil Zietlow said that Medina is responsible for the care of the trees.
Jim Lane asked if it was appropriate to invite Hamel Athletic Club to participate in tree
purchases.
Phil Zietlow said that the trees were not part of the Athletic Club area. There have been plans
to purchase these trees all along.
Moved by Bruce Workman, seconded by Phil Zietlow, to approve the Consent Agenda. Motion
passed unanimously.
3. Comments from Residents in Attendance on Items Not on the Agenda
There were none.
4. Park Commission Comments
There were none.
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October 2, 2001
216
5. Planning Commission Comments
Loren Kohnen said that there was one item on the Planning Commission agenda next Tuesday
for a variance request.
6. Police Defibrillator Maintenance Contract
Ed Belland explained from his memo to the Council that the maintenance contract for the
Medtronic defibrillator is up for renewal. He said that the defibrillator is eight years old. The
maintenance agreement is $560.00 per year for this unit, and the agreement is for three years.
He said that their new unit that they got a grant for two years ago has new technology and has
no maintenance agreement and that they have not had any problems with the unit.
He said he is proposing to take the $1,650.00 that they would spend on a maintenance contract
for the Medtronic defibrillator and purchase a new unit for approximately $2,400.00 out of the
equipment fund. By doing this it eliminates the annual cost of the maintenance agreement
which will pay for the unit over time.
Moved by Carolyn Smith, seconded by Jim Lane, to approve the purchase of a new defibrillator
as proposed taking the money out of the equipment fund. Motion passed unanimously.
7. Community Service Officer (CSO) Position
Ed Belland said that originally when he hired Kevin as a CSO they wanted to have two part time
positions for ease in scheduling and coverage of hours. Kevin was hired and only a couple of
times had to change his scheduled times for work as he was very flexible with his hours.
Ed said that he would again like to propose hiring two part time CSO's to replace Kevin
Boecker.
Moved by Bruce Workman, seconded by Phil Zietlow, to approve the request for hiring two
CSO's to replace the opening left by Kevin Boecker. Motion passed unanimously.
8. Swearing in of Kevin Boecker
Mayor John Ferris gave Kevin Boecker the oath of office. The Council and other staff of the
police department welcomed him to the City of Medina.
9. Resolution 01- 53 Authorizing Execution of PUD Development Agreement, Charles
Cudd, LLC
Ron Batty said that the City approved Preliminary Plat Approval for the Cudd Development on
September 4, 2001 and rezoning. The PUD development agreement between the City and
Charles Cudd proposed is that there be 68 residential townhouse units in 34 buildings, with
building permits to be staged with no more than 16 permits issued in 2001, 27 permits in 2002
and 25 in 2003; the developer will install all public improvements including road, sewer and
water and storm drainage. The developer will post a letter of credit with the City to insure
completion of these improvements. The City will collect sanitary sewer and water charges in the
amount of $3,410 per unit, with the total area charges for all of the units to be $231,880. The
developer will pay a park dedication fee of $3,300 per unit. The total park dedication fee will be
$224,400. Both the area charges and park dedication fees will be phased in a manner similar to
the issuance of permits.
Ron said that a key portion of the development agreement is Exhibit B which includes a list of
the documents which constitute the plans. He said Tom Kellogg has reviewed the plans
submitted by the developer, and has made comments and recommendations for modifications
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October 2, 2001
217
and has conveyed that information to the developer. Staffs recommendation is that the City
Council authorize execution of the development agreement contingent upon receipt by Tom
Kellogg of revised and corrected plans and the Developer's commitment to make any additional
revisions as required by the City Engineer. The resolution authorizes the execution of the
development agreement, subject to the above conditions.
Ron Batty said that the Council will be also asked to consider approval of the final plat of
Medina Highlands. The resolution included in the packet authorizes the Mayor and the
Administrator -Clerk -Treasurer to execute the final plat. The plat has been reviewed and is
consistent with preliminary plat approval and the City's ordinances and regulations. Final plat
approval is conditioned upon approval of the development agreement and rezoning becoming
effective, which is execution of development agreement and publication of ordinance.
Ron Batty said that one unusual detail concerns delivery of the final plat in that review of the title
indicates that Mrs. Bendickson retains an interest in the property although she is not a signatory
to the plat. The developer intends to close on the property and record the plat after it becomes
the sole owner. The final plat resolution directs the City attorney to deliver the executed mylar
plat in escrow so that the plat cannot be filed until Mrs. Bendickson's interest has been
removed.
Moved by Carolyn Smith, seconded by Phil Zietlow, to adopt the Resolution 01-53 Authorizing
Execution of the PUD Development Agreement as proposed. Motion passed unanimously.
Moved by Bruce Workman, seconded by Carolyn Smith, to adopt the Resolution 01-54
Granting Final Approval to the Plat of Medina Highlands. Motion passed unanimously.
Tom Kellogg said that there is a pre -construction meeting on Thursday, October 4, 2001.
Moved by Phil Zietlow, seconded by Carolyn Smith, to authorize the Mayor and Clerk to execute
early construction agreement. Motion passed unanimously.
10. Moratorium for Agriculture Preserve
Ron Batty said that the City has received an application on behalf of Leatherdale Farms for
construction of a horse facility with an attached residential unit and related improvements on the
property adjacent to 2075 Cottonwood Trail. The property is zoned agricultural preservation.
The City's building official, Loren Kohnen, has reviewed the preliminary plans. He has notified
the applicant of the need for additional information, and is awaiting receipt of revised plans.
Revised plans will also be reviewed by the Watershed District and Minnesota DNR. The owner
of a neighboring property has questioned the appropriateness of the proposed land use. This
matter was discussed at the Council meeting of September 18, 2001. Staff was asked to review
the matter and present additional comments at the meeting of October 2, 2001.
Ron Batty said that the proposed use includes construction of a large horse facility with 20
indoor stalls and an indoor riding area. There is an attached residential unit. In addition there is
an exterior riding area and related landscaping around the building. At the request of the land
owner, the property was zoned AG in 1999. Section 826.09 of the City's zoning ordinance lists
agriculture as a permitted use within the AG district. The ordinance defines agriculture to
include the production of field crops, livestock, livestock products, horticulture and aquaculture.
Permitted accessory uses within the AG district include private horse facilities, animal structures
and kennels, and farm building and agricultural structures. Minn. Stat. 473H authorizes the
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October 2, 2001
218
creation of agricultural preserves within the Twin Cities metropolitan area. This is the statutory
authority under which the City established it AG zoning district.
Ron Batty said that Medina, under the 1997 version of the UBC, empowers the building official
to administer the code and the issuance of permits, which means that building permits will be
issued when the proposed use and structure are in compliance with the UBC and other related
regulations, including the zoning ordinance. Farm buildings are generally exempt from the
UBC. The building official cannot refuse to issue a building permit which is permissible under
applicable regulations.
Ron Batty said that a suggestion has been raised that the City consider imposing a moratorium
(interim ordinance) on the lands within the AG district to consider modification of the City's land
use controls. If the Council is inclined to consider a moratorium, it should be aware that there
are likely severe restrictions on the City's discretion in this instance when property is placed in
the AG district; both the land owner and City relinquish considerable control over the property.
While the City cannot immediately rezone property in AG it can initiate a termination for a
specific parcel. The City must amend its comprehensive plan and its zoning ordinance to
indicate that the land is no longer planned for long term agriculture. The City must notify the
land owner and indicate the date of expiration which must be at least 8 years from the date of
notice. Once removed from AG, the property would presumably be rezoned rural residential.
The City's rural residential zoning district allows virtually the same uses as the AG district. The
principal distinction is that the City Council has greater legal authority to regulate agriculture in
the rural residential district if it desires.
He said that he had originally not prepared a draft copy of an ordinance, but changed his mind
on Friday, and included a number of letters from Ms. Chapman's attorney, and Joe Finley the
attorney for the Leatherdales.
Loren Kohnen showed on the overhead the parcels that Mr. Leatherdale owns, and the parcel
for the proposed horse operation. He also showed the proposed buildings and proposed
grading plans.
Jim Lane asked whether the application for a building permit was complete.
Loren Kohnen said that he reviewed the final grading plan which was sent to the Medina office
just that afternoon. He said that the building was proposed to be three feet higher than before
so that they would remove less dirt than originally proposed. He showed the original grading
plan and trees, and setbacks from Ms. Chapman's property and wetlands.
Carolyn Smith asked if they needed a land alteration permit for this.
Loren Kohnen said that is part of any building permit.
Jim Lane asked about volume of dirt being moved.
Ron Batty said that when the Council revised the land alteration ordinance in 1997 in response
to a construction project by the watershed district. He said in three instances, agricultural uses,
building permits, and a CUP, a land alteration permit was not required.
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October 2, 2001
219
Phil Zietlow asked about the nearest wetland, and if there were any comments from any
watershed district having jurisdiction over the property and project.
Loren Kohnen said the nearest wetland is about 200 feet away. He said he received comments
from the DNR on October 1 from Tom Hovey stating that the project complied with their
regulations.
Carolyn Smith said that she had been under the impression that an Ag preserve district was
more of a conservation district, or planting like for grain. She said that she would never vote for
it again. She said this was a lot larger operation than a home occupation or a private stable.
She said that MPCA does not have any standards for horse operations of fewer than 300 for
manure removal.
Loren Kohnen said that in the state statute, in Ag preserve they would be able to put in a
building without any permits but because of living quarters one is required in this instance.
Jim Lane said that State Statute 473H, the act, prohibits local units of government from
unreasonably restricting normal agricultural structures or practice. By implication, local units of
government (cities) may reasonably regulate such practices. He asked what constitutes
reasonable regulation of agricultural practices? He said in the rural residential zones, stables
are regulated with a CUP. He said that Leatherdale's existing stable is the highest example of
that use in Medina.
Ron Batty said that the uses permitted in the rural residential zone include livestock production
and private riding stables.
Phil Zietlow asked if there was a moratorium what would the City be doing and what would be
the outcome and said that it should be both on rural residential and Ag preserve.
Bruce Workman said that people should be able to use their land if it does not violate any rules
or ordinances.
Jim Lane said that the land alteration was of concern to him. He said that the moratorium did
not need to be a year, maybe only half a year.
Elizabeth Weir, a member of the Friends of Wolsfeld Woods said that the lake in those woods is
pristine and she would not like to see that change.
Jim Lane said that the Minnehaha Creek Watershed District had invested a lot of money for
their ponds to protect that lake.
Joe Findley, attorney for the Leatherdales, said that this issue was for the moratorium only, not
for the building permit. He went over definitions of the Ag preserve statute, and suggested that
the City not put on a moratorium that is retrospective as well as prospective, as there is only one
application before the City at this time and it is the Leatherdale's. He explained that the
Leatherdales have been working by the existing rules and have followed them in this process,
and by putting on a moratorium that is retrospective would prevent them from going forward and
would change the rules that they have followed. He said that they would not be opposed to
putting covenants on the property to protect the future if at some time they no longer own the
property, nor would they be opposed to a moratorium that is prospective, that looks at changing
the ordinance going forward.
Medina City Council Meeting Minutes
October 2, 2001
220
Phil Zietlow asked if there was any case law on Ag preserve.
Ron Batty said that there was one case where someone wanted to put storage on the property.
They were told that was not a permitted use in the Ag Preserve district.
Tom Casey, attorney for Kirsten Chapman, said that he disagreed that the City could not adopt
a moratorium with the building permit application started, because sometimes these applications
amplify the need to look at existing zones and uses and to recommend changes. He assured
the Council that this was not because Ms. Chapman did not like what the Leatherdales propose
to do.
Kirsten Chapman concurred with her attorney that this request was not because there was a
dispute between the Leatherdales and her, but that she and others were concerned about
Wolsfeld and impacts on the wetlands.
Bruce Workman said then Ms. Chapman would not be opposed to having the moratorium start
after this application.
Phil Zietlow said that he was concerned about the future of the property.
Jim Lane said that he also was concerned that it would be turned into some other kind of use if
the Leatherdale's did not own the property in the future.
Douglas Leatherdale said that he has lived in the City of Medina for 30 years, and that he has
always had horses. He has worked with the City staff and associates who are meticulous about
the standards on the project. He said he has met every regulation, and unless the City Council
intervenes, the City should receive the building permit in the next several weeks. He said there
are only a handful of parcels with agricultural activity in Medina. He said he was never
requested to put a conservation easement on any part of our properties. He thought it was
wrong to stop a single project.
Elizabeth Weir said that as a Planning Commissioner, she is bothered that the City is
subsidizing the project because the property is in agricultural preserve instead of rural
residential, which has higher taxes.
Wally Marx said that he owns property over on Parkview that is in Ag preserve and said that it
had a pig farm on it and he has cleaned it up consequently turning it into nice property. He said
that he wanted to see what the City is looking at changing.
Lisa Ringer lives on Wolsfeld Lake and is the President of Friends of Wolsfeld Woods and is
concerned about the impact of the proposed barn on this ecological area and wanted the
Council to show any comments from the DNR and Watershed.
Douglas Leatherdale said that they would look at it very carefully if they can go ahead with the
project.
Ron Batty was not in agreement that the Ag preserve statute would preclude putting a
moratorium on that zoning. He said that a moratorium can be used with discretion. He also
said he agreed that a specific building permit application may illustrate the need to study a zone.
The Ag uses in the rural residential zone are also not regulated very much on our ordinance and
Medina City Council Meeting Minutes
October 2, 2001
221
may need to be studied, and we may need to change the agricultural practices in that zone as
well.
Loren Kohnen said that the letter he had just received that day from Tom Hovey of the DNR
said that he had reviewed the plan and had no concems.
Jim Lane said that he would like the watershed and the DNR to respond directly to the City and
not just the applicants contractor.
Carolyn Smith proposed a list of suggestions for study in the proposed moratorium.
Moved by Jim Lane, seconded by Carolyn Smith, to table the moratorium on the Ag preserve
zone for 90 days.
Phil Zietlow said that he thought that a moratorium just bought trouble. He said he would not
support a moratorium.
John Ferris said that we are now going into winter and building usually slows down.
Jim Lane amended previous motion, to table the request for the moratorium until the October
16, 2001 meeting, so that the information can be reviewed, the letters, the ordinances,
seconded by John Ferris. Those in favor: Ferris, Lane and Zietlow. Those opposed:
Smith and Workman. Motion passed.
11. Pay the Bills
Moved by Phil Zietlow, seconded by John Ferris, to approve the bills, order check numbers
22935-22978 for $123,361.11 and payroll check numbers 17263-17283 for $18,374.38.
Motion passed unanimously.
12. Adjournment
Moved by Bruce Workman, seconded by John Ferris, to adjourn the meeting at 9:55 p.m.
Motion passed unanimously.
Joh
Attest:
Laura Sulander, Deputy Clerk -Treasurer
Medina City Council Meeting Minutes
October 2, 2001
Ferris, Mayor
222
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Medina City Council Meeting Minutes
October 2, 2001
223
ORDER CHECKS - OCTOBER 2, 2001
22935 ORCHARD TRUST $880.00
22936 VOID CHECK $0.00
22937 ASPEN ENVIRONMENTAL $258.90
22938 CLASSIC CLEANING $399.38
22939 DELTA DENTAL $898.35
22940 DITTER, INC. $2,982.00
22941 DOBOSZENSKI & SONS, INC. $15,570.36
22942 E-Z-RECYCLING $2,627.46
22943 ERICKSON, ROLF ENT., INC. $3,756.18
22944 ESS BROS. & SONS, INC. $57.24
22945 FIRSTAR BANK $218.38
22946 GARY'S DIESEL SERVICE $486.73
22947 GOPHER STATE ONE CALL $348.80
22948 GROTH SEWER & WATER $600.00
22949 HAMEL ELECTRIC, INC $396.50
22950 HAWKINS INC. $996.00
22951 KD & COMPANY $223.65
22952 KRAEMER, EDWARD & SONS, INC. $41,155.16
22953 LAKE BUSINESS SUPPLY $538.21
22954 LAW ENFORCEMENT LABOR SERVICES $198.00
22955 MEDICA CHOICE $7,756.88
22956 METRO.COUNCIL ENVIRO. SERVICES $15,100.07
22957 METROCALL $153.33
22958 MIDWEST ASPHALT CORPORATION $63.47
22959 MIDWEST AUTOMOTIVE $350.58
22960 MINNESOTA HWY SAFETY & RES.CTR $3,012.00
22961 MN DEPT. OF ADM. $65.00
22962 MOBIL $95.64
22963 MOTHERS MOTORS/LORETTO TOWING $35.00
22964 NEXTEL WEST CORP $551.25
22965 OMANN BROTHERS, INC $11,632.50
22966 QWEST $111.18
22967 RANDY'S SANITATION $106.99
22968 RELIANT ENERGY MINNEGASCO $32.46
22969 SCHOENING EXC. $3,680.00
22970 ST. PAUL STAMP WORKS $20.82
22971 STRETCHER'S $476.82
22972 TRI STATE PUMP $502.79
22973 TRUGREEN CHEMLAWN (MTKA) $330.16
22974 U.S. FILTER/WATERPRO $160.13
22975 UNITED RENTALS HIGHWAY TECH $493.38
22976 VIEAU, CEC $52.97
22977 XCEL ENERGY $5,769.20
22978 ZIEGLER, INC. $217.19
Total Checks $123,361.11
Medina City Council Meeting Minutes
October 2, 2001
224
PAYROLL CHECK - SEPTEMBER 24.2001
17263 VOID $0.00
17264 SMITH, CAROLYN A. $138.52
17265 FERRIS, JOHN B $207.79
17266 ZIETLOW, PHILIP K. $138.52
17267 ROBINSON, PAUL A. $1,305.97
17268 SCHERER, STEVEN T $1,298.14
17269 MCGILL, CHRISTOPHER R. $1,184.06
17270 DILLMAN, JAMES D. $1,545.11
17271 DRESSEL, ROBERT P $961.71
17272 BELLAND, EDGAR J. $1,905.35
17273 VIEAU, CECILIA M. $992.56
17274 SULANDER, LAURA L. $1,075.51
17275 LARSON, SANDRA L. $896.11
17276 BOECKER, KEVIN D. $952.58
17277 PRIEM, JON D. $1,147.05
17278 CHRISTENSON, JEREMY $1,443.67
17279 NYSTROM, JAMES $1,239.51
17280 LANE, JAMES S. $138.52
17281 WORKMAN, BRUCE $138.52
17282 DERMODY, WILLIAM H. $655.97
17283 NELSON, JASON $1,009.21
$18,374.38
Medina City Council Meeting Minutes
October 2, 2001