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HomeMy WebLinkAbout05.06.02 Council Minutes COUNCIL MINUTES REGULAR May 6, 2002 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Cordes, Strachan, Soderberg Verch Andrea Poehler, City Attorney; Ed Shukle, City Administrator; Robin Roland, Finance Director; Kevin Carroll, Community Development Director; Dan Siebenaler, Police Chief; Jim Bell, Parks and Recreation Director; Tim Gross, Assistant City Engineer; Karen Finstuen, Administrative Services Manager; Brenda Wendlandt, Human Resources Manager; Cynthia Muller, Executive Assistant David Hvistendahl, Loren Bicking, Earl Teporten, Loren Schulz, Phyllis Kelly, Dan Simon, Myrtle Kelly, Todd Arey, Fred Last, Justin Elvestad, Dave Otterblad, Dawn Theoux, David Mohr, Janice Mohr, Amanda Mohr, Debbie Kissel, Scott Molitor, Sherry Richter, Angela Shinke, Peter Landsteiner, Ray Nyberg, John Korus, James Harms, Tina Berg, Jack Benedict, Brian Budenski, Kelly Dougherty 4. APPROVE AGENDA Councilmember Strachan pulled item 7a) 4/13/02 Special Minutes to abstain from voting as he was absent from that meeting. MOTION by Cordes, second by Soderberg to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS a) Introduction of New Employee - Police Police Officer Gary Rutherford was administered the Oath of Office by City Administrator Shukle. b) Proclaim Poppy Day - May 17, 2002 May 17, 2002 was proclaimed as Poppy Day. c) Heritage Preservation Week - May 12-18,2002 May 12-18,2002 was proclaimed as Heritage Preservation Week. 6. CITIZEN COMMENTS Council Minutes (Regular) May 6, 2002 Page 2 7. CONSENT AGENDA MOTION by Cordes, second by Soderberg approving Council Minutes (4/13/02 Special). Voting for: Ristow, Cordes, Soderberg. Abstain: Strachan. MOTION CARRIED. MOTION by Soderberg, second by Cordes to approve the Consent Agenda as follows: a) Approved Council Minutes (4/15/02 Regular) b) Approved Appointment Recommendation - Finance c) Approved Appointment Recommendation - Parks and Recreation d) Approved Private Development Street Sweeping Contract - Engineering e) Approved Easement Acquisition - Middle Creek Trunk Utility Extension/195th Street West Project - Engineering t) Approved MPCA Grant Agreement - Engineering Mayor Ristow recognized City Engineer Mann and his staff for applying for this grant. This will be used for land that was annexed on 209th Street to hook up any residents to city water who have failing wells. Mayor Ristow thanked engineering for assisting these residents with saving money by applying for this grant. g) Approved Assessment Agreements - Akin Sewer Project - Engineering h) Approved Federal Equitable Sharing Agreement - Police i) Approved Easement Agreement - Benedict Property - Administration j) Received Information Capital Outlay - Parks and Recreation k) Approved Bills APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Quarterly Building Report - Community Development During the first quarter of2002 the City issued 61 new single-family detached housing permits and 52 new townhome units. The average building valuation of the single-family homes was $158,477, up 6.5% from the average in 2001. The average building valuation of the townhomes was $111,364, up 18% from the first quarter of2001. b) Ordinance Amendment - Zoning Map - Property South of Trinity Hospital and Trinity Terrace and North of Oak Street - Community Development The City proposed to amend the Zoning Map for the property south of Trinity Hospital and Trinity Terrace and north of Oak Street. Staff proposed that the property be rezoned from R-2 PUD (Low/Medium Density Residential Planned Unit Development) to R-3 (Medium Density Residential) because the Comprehensive Plan shows medium density (R-3). A petition was submitted to the Planning Commission stating that the residents were opposed to the R-3 zone because the zone allows townhomes and manufactured homes as uses. The Council Minutes (Regular) May 6, 2002 Page 3 Planning Commission recommended that the property be amended from R-2 PUD to R-2. Staff asked Council for an indication as to what their preference is on the zoning. During item lOt) the zoning map will be discussed and this will be included in that motion. Council needed to determine if the property should be zoned as R-3 or R-2. Councilmember Soderberg asked if this was part of East Farmington. Staff replied it was part of the East Farmington PUD, however Sienna Development sold the property to the hospital. It was intended to have additional congregate care facilities in the back. Councilmember Soderberg asked if the property goes to R-2 will the facility still be allowed? Staff replied hospitals and nursing homes are a conditional use in the R-2 zone. The plans for Trinity to change the facility into congregate care would be allowed under R-2. R-3 does not allow nursing homes. Mr. John Korus, 1000 Oak Street, stated the residents are trying to keep the same feel of the neighborhood. If the R-3 is approved allowing trailer homes would run down the value of their property. They have a hometown feel and want to keep that. Mayor Ristow asked for a consensus from the Council. Councilmember Strachan stated he sees this as a transitional issue and agrees with the Planning Commission. He stated it makes sense as R-2. Councilmember Soderberg stated down zoning tends to take some value from the land owner. However, the future plans accommodate that. He agreed with the Planning Commission recommendation ofR-2. Councilmember Cordes and Mayor Ristow also agreed with the R-2 zoning. c) Consider Resolution - Comprehensive Plan Amendment and Zoning Map - Low Density to Medium Density - Pine Street - Community Development Mr. David Otterblad is seeking approval to amend the 2020 Comprehensive Plan from Low Density Residential to Medium Density Residential to comply with the current zoning ofR-3 (Medium Density Residential) on his property at 28 Pine Street. The City is proposing to amend the Zoning Map for the properties at 28 Pine Street, 18 Pine Street, 10 Pine Street, the vacant lot between 18 and 10 Pine Street, and the ISD #192 School property. Regarding Mr. Otterblad's property, the Planning Commission recommended denying his request. The Comprehensive Plan identifies the property as R-1, the Zoning Map identifies it as R-3. These two items need to be consistent. Staffwill be proposing R-2 for this area at a future Public Hearing. The Planning Commission recommended the property become R-1 to match the Comprehensive Plan. Council Minutes (Regular) May 6, 2002 Page 4 In 1976 this property was zoned R-l. It changed in 1982 to R-3. Staff requested a motion to approve or deny the Planning Commission's recommendation to change the property from low density to medium density. Mr. David Hvistendahl, lawyer representing David Otterblad, stated the City's investment in the properties being zoned R-3 has not been discussed. The City put in sewer and water access and assessed 16% of the cost to the property owners, leaving $177,000 in City cost. The only way for the City to recoup part ofthat is by maintaining the medium density designation. As R-3 the City can recoup a good part through sewer and water access fees. Finance Director Roland stated the City does have Sewer Availability Charge and Water Availability Charge fees. However, these assessments were not deferred in 1991, and therefore the City cannot re-assess for special assessments for that project. SAC and WAC charges are identified as not reimbursing projects, but going towards other sources. Mr. Hvistendahl stated the City still receives a per unit fee on SAC and WAC charges. With medium or high density housing there is a substantial amount of SAC/W AC fees for hooking up to City sewer and water. Finance Director Roland stated there are specific per unit charges. Mr. Hvistendahl stated, as of 1991 the City was investing in the property as ifit was going to be R-3. Most cities do concentrate higher density housing near downtown to facilitate foot traffic. When a property is down zoned by changing the Comprehensive Plan, the property owner should have been notified. This was not done in 2000. Therefore, there are legal problems with the Comprehensive Plan with regard to this parcel. Mr. Hvistendahl stated this is an important reason for Council to reconsider this. Attorney Poehler stated the City did properly notice property owners for the Comprehensive Plan and each of the rezonings. The City followed the statutory requirements. Mr. Dan Simon, 18 Pine Street, stated the school came to the residents through the Council and wanted to use their road as a construction road, which did not happen. Shortly thereafter, the water for the school and all the homes to the north was going to deadhead. The City came to the residents on Pine Street and asked if they were interested in sewer and water which would loop the water, and there would also be a sewer line going through the school and the new housing project. That is the reason sewer and water was installed. MOTION by Soderberg, second by Strachan, to approve the Comprehensive Plan amendment for 28 Pine Street from low density to medium density. Voting against: Soderberg, Ristow, Cordes, Strachan. MOTION DENIED. MOTION by Strachan, second by Cordes to deny Mr. Otterblad's application and adopt the Findings of Fact. APIF, MOTION CARRIED. Council Minutes (Regular) May 6, 2002 Page 5 Staff then requested a consensus from Council for the remaining properties on Pine Street and the ISD 192 property. Ristow, Cordes, Strachan agreed with the Planning Commission to keep the properties R -1. Soderberg disagreed. d) Consider Resolution - 2020 Comprehensive Plan Amendments - Community Development Staff identified nine areas that need a Comprehensive Plan Amendment due to the rezoning. They are as follows: Willow and Pine Street Area - Affected properties include Dakota Lumber Company, Peerless Plastics, Inc., Farmington Lanes, Tim VanEpps, and Tim Downey. Proposed zoning change is B-1 (Highway business), south and east block and B-3 (Heavy Business), north and west block. Trinity Hospital Property - Affected properties include Trinity Hospital, Trinity Terrace, Allina Clinic, Hazel Thorn. Proposed zoning change for Trinity Hospital and Farmington Family Clinic property is high density. It was suggested to amend the front portion ofthe property, containing Allina Clinic and Hazel Thorn's property to commercial. The medium density area on the south and east half of the property would remain. Mayor Ristow was concerned with including a house in the commercial area as far as a tax increase and any burdens put on the property owner as far as any future remodeling or additions to the house. Staff replied any properties that are legal non-conforming have been zoned B-2 for a number of years. If any expansion would be planned a variance would need to be obtained from the Planning Commission. Mayor Ristow agreed with staff's recommendation, but the house should be excluded from commercial zoning. Council requested staff contact residents, where the Comprehensive Guide Plan changes a property to anything other than residential, to obtain a signed agreement to make sure the residents understand the rezoning. This will be brought back to the next Council Meeting and residents will be invited to attend. Third Street Apartment Complex - Affected property is owned by Vernon & Nona Nash. The proposed zoning change is to R-5 (High Density). Northeast Corner of 3rd and Main Street - Affected property owners are Roger Thorn and Craig Gott. The proposed zoning change is to B-2 (General Business). Council also requested written confirmation of the change from these property owners. This will be brought back to the next Council Meeting. Northeast Corner of Akin Road and 20Sth Street - Affected property owners are Jack Benedict and Brian Budenski. The proposed zoning change is to R-1 (Low Density). The Comprehensive Plan inadvertently shows this area as Park and Open Space. Staff feels the property is more conducive to low density residential and making use of the existing access of the 20ih Street cul-de-sac. Council Minutes (Regular) May 6, 2002 Page 6 Mr. Brian Budenski stated he and Mr. Jack Benedict purchased the property in 2000. They developed Riverside Estates from 1993 - 1999. He received a letter from staff recommending R-l. Staff received a letter from Mr. Budenski requesting R-2. In the past, Mr. Budenski and Mr. Benedict tried to sell the property to a commercial developer. Mr. Todd Arey, 20651 Devonshire Avenue, stated when they bought their house from Mr. Budenski, they were assured this property was unbuildable because of the pipeline and high line wires, and was not accessible. They were promised one thing and now it is being changed. Mr. Dave Mohr, 4435 207th Street, confirmed Mr. Arey's comments. He had planned on building a home with Mr. Budenski and found out they were building townhomes on the other end ofthe development and backed out. Mr. Budenski had assured him the townhomes would be nice and they discussed the cul-de-sac. Mr. Budenski stated the property in question would remain open and was undevelopable. Mr. Benedict stated they did not own the land until 2000 and it was zoned R-3. He had originally planned to build a 55 unit building on the property, but there were major problems. Mr. Benedict stated one ofthe major problems was the City would not deal with the sewer easement with Nordseth's. No one suggested this would be rezoned R-1. That is a buildable property. The best use is not single family because it is one acre buildable out of 5 acres. The reason for the cul-de-sac was to access the property. Ms. Tina Berg, 4402 207th Street, she stated it is an issue of money. She wanted a quiet area for her children. Looking to the future is looking into a home. If she was looking into an apartment, she would be looking back. Mr. James Harms, 2065 Devonshire Avenue, they were assured the property was not buildable because of sewer lines, etc. Other residents were also assured this. At one time it was suggested this property be donated as a city park. For Mr. Benedict to say otherwise is disingenuous. Now that all the lots are sold, the story is switched. Mr. Harms would like to see it kept as a park area. The meeting recessed at 9:07 p.m. and resumed at 9:17 p.m. Staff stated the original comprehensive plan inadvertently showed the property as park/open space due to the assumption it was undevelopable. The property is zoned R-3. Under the proposed comprehensive plan amendment, staffis requesting the property be zoned low density (R-1). Under this zoning the property would be I acre buildable so a 3 or 4 multi-family unit would be allowed. Council Minutes (Regular) May 6, 2002 Page 7 Dakota Electric Property - Affected property owner is Dakota Electric. The proposed zoning change is B-3 (heavy commercial). 209th Street Properties - Affected property owners are Ralph Nordine, Fred & Dorthy Schmidtke, Glennis Thorson, Donald & Gloria Curwick, Darren & Deb Drost, James & Patricia Murphy, Edward Stifter, and Steven & Susan Frandrup. Proposed zoning change is to R-1 (low density). Devney/Rother Properties (East end of 213th Street) - Affected property owners are Michael & Eileen Devney and Larry Rother. Proposed zoning change is to A-I (Agriculture). These properties were annexed into the City after the Comprehensive Plan was designated. Murphy Property (End of 195th Street W) - Affected property owner is Bernard Murphy. The proposed zoning change is to A-I (Agriculture). This property was annexed into the City after the Comprehensive Plan was designated. MOTION by Strachan, second by Cordes adopting RESOLUTION R39-02 amending the 2020 Comprehensive Land Use Plan for the nine properties described. APIF, MOTION CARRIED. e) Consider Ordinance Amendment - Title 10-5: Parks and Open Space- Community Development The City proposes to amend Title 10-5 of the City Code adding a Parks and Open Space zoning district and amend the numbering of Section 10-5-21 Planned Unit Development and 10-5-22 Floodplain Overlay District. The Planning Commission reviewed the zoning map and determined it would be better to have a designation showing public owned property as parks and open space. Non- commercial nurseries and public gardens have been added under permitted uses. MOTION by Cordes, second by Soderberg adopting ORDINANCE 002-472 approving the amendment to Title 10-5 of the City Code to include Parks and Open Space as a zoning district in Section 10-5-21 and amend the numbering in Title 10-5 to include Section 10-5-22 Planned Unit Development and 10-5-23 Floodplain Overlay District. APIF, MOTION CARRIED. 1) Consider Ordinance Amendment - Section 10-5-1: Zoning Map - Community Development The City proposed to update the Zoning Map by amending Section 10-5-1 ofthe City Code. Staff presented several maps to Council showing the new zoning. MOTION by Cordes, second by Strachan adopting ORDINANCE 002-473 amending Section 10-5-1 concerning the Zoning Map. Voting for: Ristow, Cordes, Strachan. Voting against: Soderberg. MOTION CARRIED. Council Minutes (Regular) May 6, 2002 Page 8 g) Consider Resolution - Farmington Acres Preliminary and Final Plat - Community Development M&M Homes has requested approval of the Farmington Acres Preliminary and Final Plat. The plat consists of 4 single-family homes and one outlot on 1.4 acres ofland located on 213th Street W. The Planning Commission forwarded a recommendation of approval to the Council contingent on the Engineering Division approving the revised plat concerning the rear easement line on Lot 2 relating to the proposed storm water pipe. Another issue with Outlot A is the encroachment of property on the west boundary of the proposed plat. The developer and the adjacent property owner have entered into an agreement that Outlot A would be conveyed to the adjacent property owner once the plat has been approved and recorded at the County. Following are conditions of approval: 1. Preparation, approval and execution of a Development Contract for Farmington Acres; 2. Submittal by the Developer of all documents, security and fees required under the Development Contract; 3. Approval of the construction plans for grading, storm water and utilities by the Engineering Division; and 4. Outlot A be removed from Final Plat approval. MOTION by Soderberg, second by Cordes adopting RESOLUTION R40-02 approving the Farmington Acres Preliminary and Pinal Plat contingent on Engineering Division comments. APIF, MOTION CARRIED. h) Consider Ordinance Amendment - Section 10-5-5(C): A-I Agriculture Uses- Interim Use Permit - Community Development Friedges has applied for an Interim Use Permit for a soil pulverizing operation at the Wurdeman mining pit located at 5827 210th Street W. This requires an ordinance amendment to allow for an Interim Use within the A-I zoning district. MOTION by Soderberg, second by Strachan adopting ORDINANCE 002-474 amending Section 10-5-5(C) in the City Code to include an Interim Use Permit for a soil pulverizing operation in the A-I zoning district. APIF, MOTION CARRIED. The application by Friedges to manage a soil pulverizing operation at the Wurdeman mining pit is contingent on the following conditions: a. The termination date for the Interim use Permit is April 9, 2003. b. The hours for the pulverizing operation are Monday through Saturday from 7 a.m. to 7 p.m. c. Fairgreen Avenue and 21 Oth Street is to be maintained in a drivable state with the addition of Class 5 and grading when applicable. d. CSAH 50 is to be maintained with a clean driving surface and any debris or soil/gravel be removed immediately. e. Dust controls be utilized during the frequent hauling of material on Fairgreen Avenue and 21 oth Street. Council Minutes (Regular) May 6, 2002 Page 9 MOTION by Soderberg, second by Strachan approving the application. APIF, MOTION CARRIED. i) Consider Ordinance Amendment - Title 4-6: Demolition - Community Development Staff is recommending the City Code be amended to include provisions regarding the issuance of demolition permits. An outline of what is included in the chapter was discussed with Council. MOTION by Strachan, second by Soderberg adopting ORDINANCE 002-475 amending Title 4 of the city code by adding a new chapter (Chapter 6) concerning demolition. APIF, MOTION CARRIED. j) Consider Ordinance Amendment - Section 10-6-4(L): Off-Street Parking- Recreational Vehicles - Community Development Recreational vehicles include recreational camping vehicles, boats, and any off- highway vehicles such as snowmobiles, trail bikes, motorcycles, and other all- terrain vehicles. Amendments were discussed with Council. MOTION by Cordes, second by Strachan adopting ORDINANCE 002-476 amending section 10-6-4(L) of the City Code. APIF, MOTION CARRIED. k) Consider Resolution - Metropolitan Council Opportunity Grant - Community Development Each year the Met Council makes funds available for Opportunity Grants of up to $75,000. Staff is proposing to seek a grant for $40,000. The application focuses on property bounded on the north by Hwy 50, on the east by Denmark Avenue, on the south by 220th Street West, and on the west by the future southerly extension of Pilot Knob Road. MOTION by Cordes, second by Soderberg adopting RESOLUTION R41-02 authorizing application for an Opportunity Grant through the Livable Communities Demonstration Program. APIF, MOTION CARRIED. I) Schedule Joint City CounciVPlanning Commission Workshop - Community Development Staff would like input from Council and the Planning Commission regarding some large parcels of land. A workshop was scheduled for May 28, 2002 at 5 p.m. m) Annual League of Minnesota Cities Conference - Administration LMC will conduct its annual conference June 18-21,2002. Council was encouraged to attend. n) Schedule Budget Workshop - Administration The purpose would be to discuss budget goals for 2003 and set some targets. A workshop was scheduled for June 5, 2002 at 5 p.m. 11. UNFINISHED BUSINESS Council Minutes (Regular) May 6, 2002 Page 10 12. NEW BUSINESS 13. COUNCIL ROUNDTABLE City Administrator Shukle: The Castle Rock Town Board will meet May 14 regarding the Ash Street project. Staffwill advise Council of the outcome. Mayor Ristow stated there have been many rumors, and he wanted to make it clear Farmington does not intend to annex properties in Castle Rock. Parks and Recreation Director Bell: The first clean-up day was held and everything went well. Mayor Ristow: church after 16 years. Father Pouliot, of St. Michael's Church will be leaving the 14. ADJOURN MOTION by Cordes, second by Strachan to adjourn at 10:51 p.m. APIF, MOTION CARRIED. Respectfully submitted, :?~~ ?rld~ Cynthia Muller Executive Assistant