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City Council Minutes 10-10-1994MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL Monday, October 10, 1994 - 7 p.m. Members Present: Brad Fyle, Clint Herbst, Shirley Anderson, Warren Smith, Dan Blonigen Members Absent: None ' .,,. _., , , d Se tember 26, 1994. ~p_rava o minutes o t e re~u ar. meet~n~, hel __._ P .._..-., Councilmember Blonigen stated that at the September 26 Council meeting, he was unable to hear a portion of the discussion on item #6 relating to amending the zoning map from a combination of R-1 and Agricultural zoning to a combination of R-1, R-2, B-3, and PZM zoning districts for the proposed River Mill subdivision; consequently, he unintentionally voted far approval of the rezoning request, when, in fact, he was apposed to the density of the proposed R-2 zoning. City Attorney Paul Weingarden explained to Council that it would not be proper to discuss a change of vote without the applicant present. He noted he would like to research the subject of amending a vote from a previous meeting and report back to Council at their next meeting. It was Weingarden's suggestion that Council approve the minutes of September 26 excluding items 6-9 relating to the River Mill subdivision until after Weingarden informs Council on the proper procedure to handle this situation. Weingarden also noted that public hearing notices should be reissued if this subject is again opened for discussion. After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to approve the minutes of the regular meeting held September 26, 1994, excluding items 6-9 relating to the River Mill subdivision until Council receives a report from the City Attorney on whether or not the subject may again be opened for discussion. Voting in favor of the motion: Clint Herbst, Dan Blonigen, Brad Fyle. Opposed: Shirley Anderson, Warren Smith. It was the view of Councilmembers Anderson and Smith that the minutes should be accepted in their entirety, as it is an accurate account of the meeting. Motion passed. After further discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to direct the City Attorney to research the procedure far reopening discussion relating to a vote on an amendment to the rezoning map. Voting in favor of the motion: Clint Herbst, Dan Blonigen, Brad Fy1e. Opposed: Shirley Anderson, Warren Smith. Councilmembers Anderson and Smith were apposed to the idea of reopening discussion of this matter two Page 1 Council Minutes - 10/1Q/94 weeks after the original vote, as it was their view that it would be unfair to the applicant to reopen the vote and set a precedent for allowing votes to be reopened. Motion passed. 3. Consideration of addin items to the a enda. No items were added. 4. Citizens comments/petitions, requests, and complaints. A. Duane Gates, Community Education Director for the Monticello School District, presented the participation summary for the summer recreation program as requested by Council and noted that the Parks Commission is also reviewing the summary. No action was taken by Council at this time. B. Glen Posusta requested that Dundas Road be put on a maintenance schedule, as the road needs to be graded on a regular basis to avoid a washboard effect. He noted that this is the only access to his mini- storage business located on Dundas Road. Street Superintendent Roger Mack noted that Dundas Raad has been graded at least once a month in the past. Public Works Director John Simola stated that they will make an attempt to handle the situation with Dundas Road and that Posusta can notify the public works department anytime he feels the road needs additional maintenance. 5. Consideration of amendments to the zoning ordinance establishing_zonin~ dlstrlct dell ation entitled "Public and Semi-Public Uses PS " A licant Monticello Planning; Commission. AND 6. Consideration of amendments to the Monticella_Comprehensive Plan which would allow public and semi_public uses at the western portion of_the --- Gladys Hoglund property. AND 7. Consideration of amendments to the official zoning map of the.city_of Monticello. Pro osed is a than a from I-1 li ht industrial to PS ublic and semi- ublic uses . A licant St. Hen s Church/Glad s Ho Lund. Jeff O'Neill, Assistant Administrator, explained that the zoning ordinance amendment request calls for establishing a new zoning district entitled "Public and Semi-Public Uses," which is specifically designed to regulate public and semi-public uses (church uses, etc.). This request is made in conjunction with the rezoning application made by St. Henry's Church and Gladys Hoglund. O'Neill noted that the reason for establishment of this district is to allow property to be zoned specifically for a church use without Page 2 Council Minutes -].0/10/94 the risk of the property being used for residential uses if the church use fails to develop. The present ordinance allows development of a church as a conditional use in the residential zoning districts. He also noted that at their meeting on October 4, 1994, the Planning Commission found the amendment to be consistent with the comprehensive plan and recommended approval. O'Neill went on to explain that in conjunction with the establishment of the PS zoning district and the rezoning application made by St. Henry's Church, it is proposed that the comprehensive plan be amended to designate public and semi-public uses rather than the present l-1 designation at the western 30 acres of the Gladys Hoglund property. He noted that if it is the view of the City Council that the church use at this location meets the criteria for amending the comprehensive plan and the zoning ordinance, then the land use guide plan should be amended accordingly. O'Neill stated that Council is also asked to rezone the western 30 acres of the Gladys Hoglund property from I-1 to the new PS zone to allow St. Henry's Church to develop the property. He noted that originally the Planning Commission held a public hearing on September 6 to discuss a request to rezone 35 acres of the industrial land to an R-1 designation. The Planning Commission was uncomfortable with rezoning to R-1 without complete assurance that the site would be developed for church uses. In an effort to block the possibility of residential uses at this location if the church didn't develop, Planning Commission discussed the prospect of establishing a "public and semi-public" use district at a subsequent meeting held on October 4. Following the September Planning Commission meeting, St. Henry's Church was contacted by the Malone family regarding the potential sale of the property directly northwest of the Hoglund property. This property consists of approximately 7.5 acres under the R-2 zoning designation. O'Neill explained that purchase of the Malone property would result in a reduction of land proposed to be converted from industrial uses to PS uses from 35 acres to 30 acres. The reduction in industrial land inventory would result in approximately 205 acres of industrial land for future development. O'Neill informed Council that the Planning Commission recommended approval of the rezoning request based on consistency with the comprehensive plan and consistency with other rezoning criteria. It was their view that the PS uses were highly compatible with the nearby Little Mountain Settlement and Rand Mansion. In addition, the Planning Commission noted that this request is much different than other church requests made in the past, and approval of this request would not set a precedent. For example, O'Neill reported that the Covenant Church rezoning request was denied because it would have taken away a B-2 land Page 3 Council Minutes - 10/10/94 use that could not be provided for at another location; and A Glorious Church's request to allow churches in an industrial district was denied because it would have opened up too much industrial land for such a use. Jim Ridgeway, member of the St. Henry's Ghurch congregation, reported that the church has set up a 4-year plan for development of this property, including development of an assisted living facility, which the church feels is appropriate far the area since it is within walking distance of the hospital, clinic, and school. Ridgeway noted that plenty of industrial land would still be available to Dahlheimer's and Bondhus for future expansion. He also noted that St. Henry's would sell the vacant land it currently owns to return it to the tax rolls, and the present St. Henry's Church building would be sold to a smaller congregation. Councilmember Anderson noted that the hospital has been working toward establishing an assisted living facility in Monticello and was concerned that efforts would be duplicated if St. Henry's Church is also planxung for assisted living housing in Monticello. Ridgeway replied that he has discussed the project with Ollie Krahl, Monticello Nursing Home Director, and has left a message for Barb Schwientek, Hospital Administrator, and he reassured Anderson that the church will work in conjunction with the hospital on this matter. Mayor Fyle noted that his main objection to the rezoning request is the close proximity of this land to the freeway and railroad, which is ideal for industrial uses. Jim Ridgeway noted that the Malones and Merrill Busch, owner of the Rand Mansion, have indicated that they prefer the church use, not industrial uses, adjacent to their property. ITEM #5: After discussion, a motion was made by Clint Herbst and seconded by Warren Smith to adopt an ordinance amendment establishing the PS (publicJsemi-public) zoning district. At this point in the motion, City Attorney Paul Weingarden noted that the ordinance amendment as written would repeal the present section allowing institutional uses in the R-1 zone as a conditional use, which would result in all institutional uses presently located in an R-1 zone to become non- conforming uses. Weingarden advised Council to delete that portion of the proposed ordinance amendment. The motion to adopt the ordinance amendment was then amended by Clint Herbst to adapt the ordinance amendment establishing the PS (public/semi- public) zoning district, with the portion repealing institutional uses in the R-1 zone as a conditional use being deleted from the proposed amendment. Page 4 Council Minutes - 10/10/94 The amended motion was seconded by Dan Blonigen. Motion is based on the finding that the proposal is consistent with the comprehensive plan. Motion carried unanimously. SEE ORDINANCE AMENDMENT NO. 259. ITEM #6: After discussion, a motion was made by Shirley Anderson and seconded by Clint Herbst to approve amending the land use guide plan identified in the comprehensive plan by allowing public and semi-public uses at the western 30 acres of the Gladys Hoglund property. Motion is based on the finding that the amendment is consistent with the geography and character of the area, there is a demonstrated need for the use proposed, and sufficient industrial land remains in the city subsequent to the amendment (205 acres). Councilmember Smith noted that he feels the PS zone is an appropriate use but does not favor losing any additional industrial land. Voting in favor of the motion: Shirley Anderson, Warren Smith, Clint Herbst, Dan Blonigen. Opposed: Brad Fyle. It was Fyle's view that the land should remain as industrial due to the close proximity of the freeway. Motion passed. ITEM #7: After discussion, a motion was made by Warren Smith and seconded by Shirley Anderson to adopt an ordinance amendment rezoning the western 30 acres of the Glady Hoglund property from l-1 (light industrial) to PS (public/semi-public uses). Voting in favor: Shirley Anderson, Warren Smith, Clint Herbst, Dan Blonigen. Motion is based on the finding that the amendment is consistent with the comprehensive plan. Opposed: Brad Fyle. It was Fyle's view that the land should remain zoned as industrial due to its location near the freeway. Motion passed. At this point in the meeting, City Attorney Weingarden reported his findings regarding Councilmember Blonigen's desire to change his vote on item #6 of the meeting held September 26, 1994, relating to the request to rezone land from a combination of R-1 and Agricultural to a combination of R-1, R-2, B-3, and PZM by developers of the proposed River Mill subdivision. In reviewing the. state statutes, Weingarden noted that a member of the Council may make a motion to reconsider an item. A majority vote of 3:2 is needed for the motion to pass; however, if the motion is defeated, the vote is final and another motion to reconsider the subject may not be made. He noted that if a motion to reconsider the item is made and passes by a majority, in this case he suggested that all parties concerned be renotified that the subject will again be discussed. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to reconsider item #6 of the meeting held September 2fi, 1994, relating to the request to rezone land from a combination of R-1 and Agricultural to a combination of R-1, R-2, B-3, and PZM by developers of the Page 5 Council Minutes - 10/10/94 proposed River Mill subdivision. Voting in favor: Dan Blonigen, Clint Herbst. Opposed: Shirley Anderson, Warren Smith, Brad Fyle. Motion failed. Original rezoning vote of September 26 prevails. A motion was then made by Shirley Anderson and seconded by Warren Smith to approve items 6-9 of the minutes of the regular meeting held September 26, 1994, as written. Motion carried unanimously. 8. Consideration of amendments to the official zonin ma and consideration of establishment of zonin district deli ations and boundaries in conjunction with annexation re nest. Pra anal is a than a in zonin district desi ations from AO a 'cultural to R-1 R-2 and R-3 zonin district esi~nations._ icant E K Dev _..__ . _ pp , , ,,,„_elopment. 9. Consideration of a royal of "Klein Farms" relimina lat. A licant E_& K Development. Assistant Administrator O'Neill explained that in conjunction with development of the HIein Farms preliminary plat and associated annexation request, E & K Development is requesting amendments to the zoning map from agricultural to a combination of R-1, R-2, and R-3 zoning. He noted the zoning amendments requested match land use designations approved in May 1994 during the review and update of the comprehensive plan completed in conjunction with the associated rezoning of the land to the west previously owned by Kent Kjellberg. O'Neill also noted that the City has received a letter from Monticello Township noting their approval of annexation of the 160 acres owned by Dave Klein. O'Neill went on to report that the Planning Commission has reviewed an associated ordinance amendment requiring establishment of a buffer yard between industrial and residential zoning districts but tabled action on the amendment pending further review. He stated it is hoped that the Planning Commission will complete their review of the ordinance amendment at the November meeting and forward it to Council accordingly. Assistant Administrator O'Neill then reviewed the proposed preliminary plat encompassing 80 acres located north of the future School Boulevard and between Fallon Avenue and County Road 117. The developer is proposing 107 single family dwellings in the R-1 area; 48 units in the R-2 area designated as Outlot A; 80 units in the R-2 area designated as Outlot B; and 44 units in the R-3 area designed as Outlot C. O'Neill went on to explain that according to the proposed buffer yard ordinance, Emmerich will be required to build a buffer yard along the northern boundary of Outlots A and B to mitigate conflicts between Page 6 Council Minutes - 10/10/94 residential and industrial uses. To the east of the site is Little Mountain Elementary School, and it is likely that a crosswalk will be located at the point where the HIein Farms' access drive meets Fallon Avenue. To the south of the property is School Boulevard, which will be constructed simultaneous to the first phase of the proposed development. And to the west is County Road 117 and a business campus zone. The Assistant Administrator reported that approval of the plat would be contingent on utility plan approval by the City Engineer, and it has also been determined that an environmental assessment worksheet will need to be prepared and submitted to the Environmental Quality Board for review and comment. This requirement will delay approval of the final plat at least 45 days. It was also noted that redevelopment of Fallon Avenue should be considered to coincide with development of phase I, and it is anticipated that the cost to upgrade this roadway will be shared by the adjoining property owners. O'Neill continued by saying that the developer has indicated that he is open to financing the project using either private funds, as was done with the Oak Ridge development, or as a City project. Park development for the proposed plat was also reviewed, and Assistant Administrator O'Neill informed Council that the Parks Commission has requested the park dedication be made as one 16-acre parcel located outside of power line easements. The developer has also indicated a willingness to install a pathway from the residential area to Little Mountain Elementary School but requested that this land area be deducted from the park dedication amount. O'Neill informed Council that the Planning Commission conducted a public hearing at their meeting on October 4 and subsequently recommended approval of the plat contingent on 1) approval of the utility plans by the City Engineer, 2) the developer making modifications to the plat as required, 3) the developer entering a development agreement guaranteeing development of the park area south of School Boulevard, 4) negative declaration of environmental impact resulting from the EAW process, 5) approval of final plat from the County and affected oil and power companies, and 6) finalization of description of project phasing and associated financing. It has also been suggested that all engineering plans be subject to the City Engineer's approval. Councilmember Herbst noted that he is not in favor of taking more industrial land for residential uses. It was his view that the property should remain agricultural until the industrial park needs to expand. He also noted that the ratio of R-2 and R-3 versus R-1 and industrial property should be studied. Councilmember Blonigen noted that he does not agree Page 7 Council Minutes - lp/1Q/94 with the R-2 zoning, as he is opposed to the density and the fact that each side of the unit can be sold separately. He was also concerned about maintenance of common areas in an R-2 development. City Attorney Paul Weingarden explained to Councilmembers Herbst and Blonigen that because the City Council amended the comprehensive plan in May of 1994 to show R-1, R-2, and R-3 districts in this area, legally supportable reasons must be given to vote against a rezoning request that is consistent with the approved plan. He also noted that developers are allowed to build according to the regulations as listed in the ordinance for R-2 zoning until such time that those regulations are amended. ITEM #S: After discussion, a motion was made by Clint Herbst and seconded by Dan Blonigen to deny the rezoning request based on the finding that it is premature for development to take place in this area and the industrial park is too close to a residential area. Mayor Fyle stated that the proposed rezoning is consistent with the approved plan, which was designed to fit the general residential nature of the area, which includes the Cardinal Hills development and Little Mountain Elementary School. Developer Tony Emmerich stated that the prior Evergreens property was rezoned from R-1 to a combination of industrial and business zones in order to meet the City's needs. He noted that perhaps a reasonable compromise could be negotiated; or if the Council feels more time is necessary to discuss this issue, he would prefer the matter be tabled rather than litigate it. At his point, the City Attorney asked Emmerich if it was his intention to pursue litigation if the rezoning request is denied. Emmerich answered that he would have no choice but to litigate the issue if his request is denied. Weingarden then stated that due to the possibility of litigation on this matter, he is requesting that Council either close the meeting to discuss the potential litigation or continue the matter so that he and City staff can further research the rezoning request and uses proposed for the area. Emmerich noted that he would have no objection to the Council continuing the matter to the next Council meeting. Weingarden continued by noting that a motion and second have been made, and Council should either vote on the issue or the motion and second should be withdrawn. Page 8 Council Minutes - 10/10/94 After discussion, a vote was taken on the motion to deny the rezoning request as follows: Voting in favor: Clint Herbst, Dan Blonigen. Opposed: Brad Fyle, Shirley Anderson, Warren Smith. Motion failed. A motion was then made by Shirley Anderson and seconded by Warren Smith to continue the rezoning request to the next regular meeting of the City Council scheduled for Monday, October 24, 1994, at 7 p.rn. Voting in favor of the motion: Brad Fyle, Shirley Anderson, Warren Smith. Opposed: Clint Herbst, Dan Blonigen. Motion passed. The City Attorney suggested that if the Council would like the ordinance reviewed in regard to the R-2 zoning regulations, a motion could be made directing the Planning Commission to hold a public hearing to review those regulations. After discussion, a motion was made by Dan Blonigen and seconded by Clint Herbst to direct the Planning Commission to hold a public hearing far the purpose of reviewing the current R-2 district regulations. Voting in favor of the motion: Clint Herbst, Dan Blonigen. Opposed: Shirley Anderson, Brad Fyle, Warren Smith. Motion failed. A motion was then made by Shirley Anderson and seconded by Warren Smith to continue all matters pertaining to the rezoning request by E & K Development, which would include item #9, consideration of the preliminary plat of the Klein Farms property, to the Council meeting scheduled for Monday, October 24, 1994, at 7 p.m. Motion carried unanimously. It was the consensus of Council to set a special closed meeting of the City Council for Thursday, October 20, 1994, 4:30 p.m., for the purpose of discussing potential litigation regarding the rezoning request by E & K Development. 10. Consideration of extendin trans ortation service contract with Ho land Coach Lines for 1995. Assistant Administrator O'Neill reviewed the fees proposed for the 1995 transportation service contract with Hoglund Coach Lines for the Heartland Express Bus and noted that Gordy Hoglund of Hoglund Coach Lines has agreed to the mileage Fee remaining at $.18 per mile and a 3% increase in the current $22/hour fee for service to an amount of $22.66 for 1995. ~L Page 9 Council Minutes - 1Q/1Q/94 After discussion, a motion was made by Shirley Anderson and seconded by Dan Blonigen to approve the proposed 1995 transportation service contract with Hoglund Coach Lines at a mileage cost of $.18 per mile and an increase of 3% to the current $22/hour fee for service, which would amount to $22.66. Motion carried unanimously. There being no further discussion, the meeting was adjourned. e Doty Office Manager 1 J Page 10