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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. Medina City Council Meeting Minutes 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 Medina City Council Meeting Minutes 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 Medina City Council Meeting Minutes 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. Medina City Council Meeting Minutes 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 (THIS PAGE LEFT BLANK INTENTIONALLY) 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