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HomeMy Public PortalAbout10/05/99 CCM169 MEDINA CITY COUNCIL MEETING MINUTES OF OCTOBER 5, 1999 The City Council of Medina, Minnesota met in regular session on October 5, 1999 at 7:30 p.m. in the City Hall Chambers. Mayor John Ferris presided. Members present: Ferris, Zietlow, Hamilton, Johnson, and Smith. Members absent: None. Also present: Police Chief Ed Belland, Attorney Ron Batty, Public Works Director Jim Dillman, City Engineer Glenn Cook, Planning & Zoning Administrator Loren Kohnen, and City Clerk -Treasurer Paul Robinson. 1. Pledge of Allegiance 2. Additions to the Agenda A. Attendance to the League of Minnesota Cities November 4, 1999 Conference. B. Request for a change to a location of a sewer line for Tracy Johnson. Moved by John Hamilton, seconded by Phil Zietlow, to approve the agenda as amended. Motion passed unanimously. 3. Approval of the Minutes from September 7, 1999 Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes of September 7, 1999 as presented. Motion passed unanimously. 4. Approval of the Minutes from September 21, 1999 Moved by Carolyn Smith, seconded by Phil Zietlow, to approve the minutes of September 21, 1999 as presented. Motion passed unanimously. 5. Consent Agenda A. Resolution 99-58 Granting Preliminary Plat Approval, 2 Lot Subdivision, Tom Turnham - 1512 Deerhill Road. Moved by Jim Johnson, seconded by Carolyn Smith, to approve the consent agenda as amended. Motion passed unanimously. 6. Comments from Residents in Attendance on Items Not on the Agenda There were none. 7. Park Commission Comments There were none. 8. Planning Commission Comments Loren Kohnen said there will be three items on the next City Council meeting. Carolyn Smith said that she would be resigning from the Planning Commission. 9. Consideration and Approval of the 2000 —2020 Comprehensive Plan Paul Robinson reviewed the memo summarizing the City Council's discussion on the recommendations from the Planning Commission. He said there were a few outstanding issues that still needed to be discussed. One was the exact line where the Cavanaugh property would be divided between residential and commercial. Robinson said that Mr. Cavanaugh had been at the previous meeting and had drawn a line on the map where he wanted the property divided. Robinson Medina City Council Meeting Minutes October 5, 1999 170 said that Loren Kohnen, Carolyn Smith, and John Hamilton looked at the property and had some differing opinions about where the line should be drawn. Loren Kohnen said he thought the line should go up through the wetlands leaving a larger portion in the rear of the property commercial. Carolyn Smith said there was a tree line further west on the property which would leave less area for commercial, but would come closer to what she had thought Bill Cavanaugh had designated as a line dividing the property, and would incorporate an existing stand of trees as a buffer. After some additional discussion, Council Members were in favor of the line recommended by Carolyn Smith (blue line) that showed less commercial property in the rear of the property and divided the commercial and residential areas along the tree line. Robinson said that Jeff Pederson was in attendance and that he may want to reiterate their position on the provision of sewer service to the properties on Shawnee Woods Road. Robinson said at the last meeting the City Council was in favor of including this area as a watch area on the sewer map. This meant that it may potentially need sewer service to replace failing septic systems. As of the last meeting the City Council was not in favor of guiding this property towards a denser residential development. Jeff Pederson said that they were okay with having their property in a watch area, however, they were requesting that it be guided for a denser residential development. The consensus of the City Council was to leave it as decided at the previous meeting. There was a lengthy discussion where Jim Johnson raised several concerns about the Comprehensive Plan. He was concerned that the City Council was rushing to approve the Plan before having taken sufficient time to look at some of the details. He was concerned about the mix of commercial development to residential development. He thought that if we were going to increase commercial development that we should also consider where the people working in these businesses are going to live. He wanted to maintain a no growth strategy. He believed that they were voted in on the idea of maintaining no growth. He thought that included commercial/industrial growth in addition to residential growth. He said he would restrict any additional commercial development along Trunk Highway 55 corridor. Several Council Members said the area that is currently guided towards urban commercial 1 was guided for industrial development in the previous Comprehensive Plan. They said that the area previously guided for industrial development was reduced and made into UC1. They said overall there is less area guided for commercial development in the 2000-2020 Comprehensive Plan than in the 1990 Comprehensive Plan. Jim Johnson also was advocating the creation of more zoning districts within each of the guide plan designations so City Council would have more flexibility when developing the UC1 area. There was some question about how to proceed this evening. Ron Batty said that there had been a number of issues raised. He said adoption of the Comprehensive Plan requires four votes from the City Council. He explained that there are two models for how comprehensive plans work. One is where you have broad land use definitions and multiple zoning districts within those designations; the other is where you have multiple guiding districts and zoning districts that relate to that. Currently, the model that City has chosen is a one to one guide plan to zoning model. Medina City Council Meeting Minutes October 5, 1999 171 Batty said comprehensive plans provide a broad expression of the types of controls the city would like to implement. However, the actual implementation of those controls is done through the official controls of the city, the zoning ordinance, septic ordinance, and others. He said the City has yet to look through its controls and modify or create the controls needed to implemented this Comprehensive Plan. There was some discussion about other types of controls and the timeline for completion of those controls. Ron Batty said it will probably take six to nine months to get the official controls in place. The normal process is to adopt the general guidelines then work on the controls of the City. John Ferris said it seemed appropriate to adopt the Plan and then start work on the ordinances which are the meat on the bones of this plan. Phil Zietlow said some of the concerns that Jim Johnson addressed about different zoning districts might be included as a part of the UC1 zoning district. He said there could be different rules incorporated into the UC1 ordinance depending on the proximity of development to the border between residential and commercial areas. Jim Johnson said he was for no growth. He mentioned some concerns about the sewer staging and that currently the City will not have enough capacity to fully develop the area that was guided for sewer development in 1990. He was concerned about opening up a larger area for sewered development. Carolyn Smith said that in the sewer section of the Comprehensive Plan, there are guidelines for capacity issues. When the City reaches a certain capacity, new developments would only be approved based on certain criteria. John Ferris said there are already concerns about capacity issues. There have been times when we have reached peak capacity. Some of that is being rectified with inflow and infiltration corrections, however, the City does not have a significant amount of additional capacity. Carolyn Smith said the Planning Commission tried to address some of Jim Johnson's concern's. The area guided urban commercial 1 was to become more rural industrial/commercial development versus the current type of development that would be allowed there if it remained rural industrial/rural commercial. She said they were trying to accommodate some commercial/industrial development along Trunk Highway 55, but a higher quality and a more rural type of development. John Ferris said the Plan does not include any sewered areas outside of the ultimate sewered area shown in the 1990 Comprehensive Plan. He said they have not changed any of the rural residential area on which they were elected to preserve. This means that a majority of the City will not be touched by urban development nor be allowed to develop at a higher density. After some additional discussion there was a motion. Moved by John Hamilton, seconded by Carolyn Smith, to approve the 2000 — 2020 Comprehensive Plan with the modifications made this evening and at the previous meeting. Those in favor: Carolyn Smith, John Ferris, John Hamilton, and Phil Zietlow. Those opposed: Jim Johnson. Motion passed. Medina City Council Meeting Minutes October 5, 1999 172 10. Setting up a Committee for Implementing the Comprehensive Plan Paul Robinson referred to the memo in the packet. He said at the last meeting Staff was directed to come back with recommendations for creating a committee for implementing the Comprehensive Plan. He said, up front, they needed to know if the Council was interested in actually creating this committee, and if so, what the membership would consist of. Ron Batty said that, typically, the task of creating ordinances is put into the Planning Commission's hands. He said if the City Council creates a committee, they are choosing an option outside of what is normally done. This is okay, however, no matter who creates the ordinances, the Planning Commission will need to adopt them. Since that is the case, he believed the Planning Commission needed to play a central role in this committee and recommended the committee consist of a majority of Planning Commission Members. The consensus of the Council was to develop a committee to implement these ordinances. This committee would consist of three City Council Members and four Planning Commission Members appointed to the committee. They wanted to appoint the Chair of the Planning Commission as the chair of this committee. Lenny Leuer, Chair of the Planning Commission, was asked if he would be okay with that. He reluctantly agreed to begin the process as chair of the committee. Loren Kohnen and Paul Robinson were the Staff Members designated to assist the committee. Additional Staff Members would be invited as needed. The City Council appointed Carolyn Smith, John Ferris, and Jim Johnson to the committee from the City Council. They directed Staff to ask the Planning Commission to appoint three additional Planning Commissioners to the committee. Moved by Phil Zietlow, seconded by Carolyn Smith, establish a Comprehensive Plan Implementation Committee consisting of three Council Members, Jim Johnson, Carolyn Smith, and John Ferris, and four Planning Commissioners with the Chair of the Planning Commission acting as chair of the committee, and to direct the Planning Commission to appoint three additional members. Motion passed. Jim Johnson was not present for this motion. 11. Request from Staff to Put Together Guidelines and Preliminary Time Line for this Committee Moved by John Hamilton, seconded by Phil Zietlow, to direct Staff to create these guidelines for discussion and possible approval at the next meeting. Motion passed. Jim Johnson was not present. 12. Issue of Hiring a Planning Consultant Paul Robinson said at the last meeting the City Council directed staff to either create an RFP or have Bill Thibault present a proposal outlining the costs for creating the new ordinances required to implement the Comprehensive Plan. Robinson said that Mr. Thibault was not able to make it this evening but he did put together some costs or a proposal for implementing these ordinances. Robinson said he would draft the needed ordinances for around $23,000. Robinson said it was hard for Thibault and for Staff to come up with an exact estimate of the time required to complete these ordinances. He said it is difficult to know what level of detail the City Council would like to have if the City would like illustrative plans, etc. All of this options increase the cost. Robinson said Thibault included some of those elements in his current bid. Medina City Council Meeting Minutes October 5, 1999 173 Robinson said he thought it would be better if the City Council were to invite Bill Thibault to the next meeting and have a dialog with him about this proposal so that both parties have a better idea about what is being requested or being provided. There was some discussion about the bid. Since the cost to develop the Uptown Hamel ordinance was the same cost as the UC1 ordinance, there was some concern that either the Uptown Hamel was overbid, or the UC1 area was underbid, and would not be done with the same thoroughness. Robinson said these are the kind of concerns the Council would need to discuss with Bill Thibault at the next meeting. John Ferris said the quality of this process will depend greatly upon the ability of the committee to work effectively. In addition to having Bill Thibault come to the next meeting, the City Council also requested a list of references and some examples of his work. 11. Interim Ordinance Placing a Moratorium on Development Ron Batty said during the previous Comprehensive Plan discussions, the Council mentioned they would like to consider placing a moratorium on areas in the Comprehensive Plan where new ordinances would be needed in order to implement the Plan. Batty said since the previous Council meeting, he had been contacted by Council Members interested in setting up a meeting with the developer of the Rolling Green Business Park. In addition to Council Members, this meeting was to include residents of the Foxberry Farms Development. The purpose of this meeting was to see if there might be a possibility of striking a compromise on their development proposal that would be acceptable to the residents and the Council before proceeding with a moratorium. Phil Zietlow explained that he had been contacted by the developer to see if there was interest on the Council to meet with him and residents of Foxberry Farms to discuss a compromise proposal. Zietlow said that he spoke with some Council Members and residents of the Foxberry Farms development. He said there was interest in having a meeting. Zietlow said some of the people involved could not meet before tonight's Council Meeting so the meeting was set up for Wednesday. He asked the City Council to postpone action on the moratorium until the next meeting so that they could discuss this proposal with the developer. Carolyn Smith said she heard that there aren't any significant changes to the building, only some additional screening. She said that would not change her opinion about whether or not to proceed with a moratorium. Therefore, it may not be worthwhile waiting until the next meeting to proceed with the moratorium. She said she would have preferred it if Woodhouse would have come the meeting this evening and make a presentation to the City Council. Jim Johnson said the City Council just passed the Comprehensive Plan calling for UC1 zoning and not urban commercial zoning on this property, therefore, he was wondering how the City Council could proceed at all on this issue. Ron Batty said that he believed the moratorium made sense, however, he said the City Council should table this item, as well as the items concerning Rolling Green, until the next meeting. He said he had represented to their attorney that the City Council would postpone action on these items. Medina City Council Meeting Minutes October 5, 1999 174 Kristin Johnson asked how the City Council could approve an application for an urban commercial zone that has been guided UC1. There was some discussion about how the Wednesday meeting was set up. Residents of Foxberry Farms said that they did not realize they had an option on whether or not to meet. They thought that this meeting was being set up and that they needed to attend. Johnson said that Foxberry Farms residents would not be willing to change their opinions based upon additional screening or a small change here or there. If the basic building stayed the same, that would not be acceptable to them. Ron Batty said that it would be appropriate to consider what he had said to Linda Fisher. He said that although this is not a significant issue, it could create the appearance of not acting in good faith. It is better to error on the side of meeting with the developer and postponing the moratorium, rather than proceeding with the moratorium and giving the developer another option for raising the case that the City operated in bad faith. Kristin Johnson registered significant opposition to the idea of postponing the moratorium. She said Foxberry Farms residents have shown up to meeting after meeting as this item has been postponed and delayed. She said, at this point, they would rather the Council take action tonight rather than postpone it once again. John Hamilton said he was made aware of this meeting a few minutes before the meeting. However, he thought it would be better to postpone this issue since the developer was told not to come to this meeting. He said he thought postponing the moratorium would be a show of good faith. He said Ron Batty has provided good legal advice to the City for a number of years and has not led them astray. He believed that it would be wise to take his advice and postpone this item. After some additional discussion, the City Council asked if it would be possible to approve the moratorium, however, to set a meeting for a future time before the next meeting where the City Council could meet to rescind the moratorium if there were any significant developments that were to occur at this meeting on Wednesday. Ron Batty said that it would be possible to set an additional meeting to consider the moratorium. The consensus of the City Council was to set a date for a special meeting of the City Council to reconsider the moratorium. If the Council Members that attend the Wednesday meeting believe there is a possibility to reach a compromise, the moratorium can be rescinded at the special meeting, if not, the meeting can be cancelled. John Ferris and Phil Zietlow were designated to represent the Council at the Wednesday night meeting. The Council said that they would leave it up to those two Council Members on whether or not the special meeting would occur or be cancelled. John Hamilton said that based upon the meeting set up to reconsider the moratorium, he would be in favor of moving forward with approving the moratorium this evening. Moved by Carolyn Smith, seconded by Jim Johnson, to approve the interim ordinance 311 and enacting a moratorium on development in the City. There was some additional discussion. Medina City Council Meeting Minutes October 5, 1999 175 Paul Robinson asked which of the moratorium options they wanted to pick on the map that was included in the Council packet. The consensus of the Council was to pick Option 2 that included all of the property guided urban commercial, urban commercial 1, uptown hamel, and Residential PUD 1 &2 with a 1,000-foot buffer around the urban commercial and urban commercial 1 zones where they abut residential property. Those in favor of enacting the interim ordinance: Carolyn Smith, Jim Johnson, John Hamilton, and John Ferris. Opposed: Phil Zietlow. Motion passed. 12. Approval to Publish the Interim Ordinance 311 by Title and Summary Moved by Carolyn Smith, seconded by Jim Johnson, to approve Resolution 99-57 the publication of the interim ordinance by title and summary. Motion passed unanimously. 13. Setup a Special Meeting for Tuesday, October 12, 1999 to Reconsider the Moratorium Moved by Carolyn Smith, seconded by Jim Johnson, to set up a special meeting to reconsider the moratorium for 7:00 p.m. October 12, 1999 at City Hall. Motion passed unanimously. 14. Table Items 6, 7 and 8 on the Agenda — All Dealing with the Rolling Green Business Park Moved by Carolyn Smith, seconded by John Hamilton, to table item 6,7, and 8 to October 19. Motion passed unanimously. 15. Approve the Plans and Specifications and Set a Bid Date for Independence Beach Forcemain Moved by Carolyn Smith, seconded by Jim Johnson, to approve the plans and specifications and to set a bid date opening date for November 4, 1999. Motion passed unanimously. 16. Sanitary Sewer Line from Tracy Johnson There was a significant amount of discussion about moving the sewer forcemain on their property. Initially it was to run through their property and go towards the south, but Glenn Cook said that realizing that at some point they may need to provide sewer to the residents along Shawnee Woods Trail, it makes more sense, at this time, to run the sewer line out to 116, more directly to pick up those residents and other properties north of there. Doing this however would inhibit Tracy Johnson's ability to build a three -car garage as they had planned. There was a significant amount of discussion about where the sewer line would go and how to accommodate this. At this time there was no resolution. The City Engineer was directed to work with the property owner to come up with a solution. There was some question about whether or not this would increase the amount of money needed out of the trunk fund. Glenn Cook said that $20,000 would be needed out of the trunk fund. He said he would need a motion authorizing that additional amount. Moved by Jim Johnson, seconded by John Hamilton, to approve $20,000 to be spent out of the trunk fund for a new alignment for the sewer main to serve Tracy Johnson's property. Motion passed unanimously. Medina City Council Meeting Minutes October 5, 1999 176 17. Approval to Attend League of Minnesota Cities Seminar John Hamilton asked for approval to attend a League of Minnesota Cities seminar on human resources. He said he would need approval for a $75.00 expenditure. Moved by Phil Zietlow, seconded by Carolyn Smith, to approve the LMC seminar for John Hamilton. Motion passed unanimously. 18. Changing of the Starting Time for the November 2, 1999 Meeting Moved by Jim Johnson, seconded by Carolyn Smith, to move the November 2, 1999 meeting to 8:00 p.m. Motion passed unanimously. 19. Proclamation to Commemorate the 100th Anniversary of the Veterans of Foreign Wars (VFW) Moved by Jim Johnson, seconded by Carolyn Smith, to approve the proclamation. Motion passed unanimously. 20. Pay the Bills Moved by Jim Johnson, seconded by Carolyn Smith, to approve the bills, order check numbers 20188-20232 for $60,448.28 and payroll check numbers 16275-16293 for $16,116.59. Motion passed unanimously. 21. Close the Regular Meeting and Go into Executive Session to Discuss Labor Negotiations with the Police Union. Moved by Carolyn Smith, seconded by Jim Johnson, to close the regular meeting and go into executive session to discuss labor negotiations with the police union. Motion passed unanimously. 22. Close Executive Session and Go into Regular Session Moved by Jim Johnson, seconded by Carolyn Smith, to close the executive session and go into regular session. Motion passed unanimously. 23. Adjournment Moved by Carolyn Smith, seconded by John Ferris, to adjourn the meeting at 11:42 p.m. Motion passed unanimously. John B. Ferris, Mayor Attest: Paul Robinson, City Clerk -Treasurer Medina City Council Meeting Minutes October 5, 1999 177 ORDER CHECKS — OCTOBER 5, 1999 20188 Orchard Trust $ 1,312.00 20189 P.E.R.A. 3,126.52 20190 AAA Striping 5,634.00 20191 American Planning 60.00 20192 American Supply Group 22.95 20193 Banyon Data Systems 225.00 20194 Barton Sand & Gravel 1,509.77 20195 BCA/Training & 180.00 20196 Bryan Rock Products. 16,499.13 20197 Classic Cleaning 26.63 20198 Delta Dental 805.65 20199 Dillman, James. 75.00 20200 Dressel, Robert 75.00 20201 E-Z-Recycling 2,473.02 20202 Eagle Painting, Inc. 4,046.00 20203 ESS Bros. & Sons, Inc. 535.77 20204 Firstar Bank 218.38 20205 Fortin Hardware 36.52 20206 Grainger 228.04 20207 Hawkins Water Treatment 1,601.68 20208 Hennepin 562.50 20209 J-Craft, Inc 237.16 20210 L & R Grading 920.16 20211 Lake Business Supply 197.92 20212 League Of MN Cities, Fin. 2,541.00 20213 Long Lake, City Of 2,178.62 20214 Medica Choice 960.62 20215 Metrocall 58.05 20216 Midwest Asphalt 116.10 20217 Minneapolis Community 390.00 20218 Minnegasco 36.14 20219 Northern States Power 3,182.80 20220 Northwest Surburban 95.00 20221 Orono Ind.Sch.Dist. 278 928.74 20222 Postmaster 500.00 20223 Randy's Sanitation 81.27 20224 Sam's Club 30.00 20225 Scherer, Steven 75.00 20226 Streicher's 293.23 Medina City Council Meeting Minutes October 5, 1999 ORDER CHECKS — OCTOBER 5, 1999 (CONT'D) 20227 Twin City Water Clinic 55.00 20228 U.S. Filter/Waterpro 6,031.13 20229 U.S. West 475.82 20230 Westside Wholesale Tire 12.00 20231 Wright -Hennepin Electric 1,520.11 20232 Xerox Corporation 278.85 $60,448.28 PAYROLL CHECKS — SEPTEMBER 27, 1999 16275 Hamilton, John A $138.52 16276 Smith, Carolyn A. 138.52 16277 Ferris, John B 207.79 16278 Zietlow, Philip K. 138.52 16279 Johnson, James R 138.52 16280 Robinson, Paul A. 940.03 16281 Scherer, Steven T 1,026.64 16282 McGill, Christopher R. 1,116.34 16283 Rouillard, Michael J 800.26 16284 Kroeger, Scott W. 1,362.23 16285 Dillman, James D 1,281.86 16286 Dressel, Robert P 1,023.34 16287 Belland, Edgar J 1,702.26 16288 Vieau, Cecilia M 839.48 16289 Sulander, Laura L. 987.03 16290 Larson, Sandra L. 792.18 16291 Priem, Jon D. 1,210.11 16292 Christenson, Jeremy L. 1,115.43 16293 Nystrom, James 1,157,53 $16,116.59 Medina City Council Meeting Minutes October 5, 1999