Loading...
HomeMy WebLinkAbout1998-01-08 Council MinutesCORCORAN CITY COUNCIL JANUARY 8, 1998 CALL TO ORDER/ROLL CALL. Mayor Larkin called the meeting to order at 7:03 P.M. Present were Mayor Larkin, Council Members Ken Kluck, Ernie Mayers, Ken Guenthner, and Dixie Lindsley. Also present were City Clerk Stacy Doboszenski, City Planner/Administrative Coordinator Roger Bromander, City Engineer Vince Vander Top, and City Attorney Jeff Carson. There were approximately 20 people in attendance at the meeting. SET AGENDA The Agenda was set with the following additions; • Delete the Closed Session from the Agenda • Discussion on Comprehensive Plan Review Mayor Larkin introduced Nathan Steere from the Boy Scouts, who was at the meeting to get his merit badge. PLANNING COMMISSIONREPORT: Roger Bromander presented the Planning Commission report. CONT A REQUEST BY GREG EBERT FOR PRELIMINARY PLAT APPROVAL OF THF, DFVELOPMENT OF AN 80 ACRE FARMSTEAD INTO 17 RESIDENTIAL LOTS LOCATED AT 6503 CO.101. PID #36-119- 3 410001 Roger briefly introduced this item. Councilor Lindsley asked Jeff Carson to recognize the receipt of the letter given to Council by Mr. Bill Halverstadt. Mr. Carson recognized the letter stating he has received it as well as the Planning Commission. Mr. Carson stated he agrees with a lot of the sentiment, however he does not feel it applies to the Ebert subdivision based on the procedural posture of it. He suggested that the Council recognize the receipt of the letter and proceed with the analysis of the plat. Roger then continued with the background of Ebert's request and went through the concerns raised at the last meeting that the City Attorney addressed in his memo. Roger then clarified a few of the conditions the Planning Commission placed on their recommendation. Councilor Mayers stated he is under the understanding that Corcoran's policy is, that if you are clustering development rights, agricultural land would then be preserved. He questioned where the open space is on the Ebert/Koepp property. Greg Ebert responded stating his is not asking for a cluster application. Jeff Carson stated that the transference of development rights from the Koepp property is already done in September, and this is not a time for Council to change their mind. Councilor Guenthner addressed the issue of double value on the Ebert/Koepp property. If there is double value there, it was achieved it by our nature of wanting it commercial. There was a brief discussion among council regarding double value from a parcel. Councilor Guenthner further explained that there is no net gain or net loss in total development rights. The total is not changing, it is just happening in different places. zoo Councilor Mayers is asking where the agricultural preserved land is. Jeff stated that the creation of open space is not a condition of platting. He further stated that the Koepp property is right now the open space. tt is not yet zoned commercial. There was a discussion between Councilor Mayers and the City Attorney regarding the rezoning of the Ebert/Knepp property from R1 to Commercial. Ernie still questions the open area from the "clustering". Jeff stated the Koepp property. Ernie stated that lie does not see that as agricultural. Jeff stated that this is a non -variance plat, not withstanding the transference of development rights issue. Open space is not a requirement of the plat. The transference of development rights is done from the Ebert/Knepp property. It was then explained that clustering involves smaller lot sizes and leaving the green space around it. Jeff stated that this is not an application of clustering. It is an application for a plat using the existing standards. Keeping in mind that the existing standards permitted the development right transfers. Jeff further explained the fact that this is a non -variance application. You can't say you don't like the picture - this is an application that meets all the standards. Roger explained to Council that the Planning Commission recommendation is that there are 14 conditions placed on the approval of the preliminary plat. If Mr. Ebert cannot meet all 14 conditions, then the plat cannot be finaled. Council questioned where the additional three development rights are coming from to make 17 lots. Right now he has approval for 14 lots. Mr. Ebert responded stating he has several options. There was a discussion regarding the applicants ability to get the development rights transferred. Mr. Ebert asked the Council to approve the nine lots until he can prove the development rights for the rest of the lots. There was a discussion among the members of the audience regarding the similarities or the non-similarites between the Ebert plat and the Acacia Hills plat. Mayor Larkin stated his position of not approving the Acacia Hills plat, because of the profits made from the land. He stated that he is being real cautious of these developments. Councilor Guenthner then questioned the transference of rights for the last three lots if there is a moratorium placed on the transference of development rights. Jeff stated that there is a distinction. It was explained that the three, that make it from 14 to 17, are still part of the application process. If the Council approves the 14 lots, and put a moratorium on, you don't know how you are going to deal with the development rights transfers. It will. be subject to the terms you come to in the discussion of the moratorium. Jeff further explained that if you approve the preliminary plat with the 17 lots, that is the same as the two resolutions approving the transfers of the first five development rights. If you approve the plat with the first five transfers, then you've approved the transfer subject to the ability to do it. Mr. Ebert requested that the application is exempt from the moratorium. Jeff stated yes, but the 201 result of the application is still at Council level. He further stated that the transferring of the three additional development rights are part of the application, but they are not guaranteed, they still require Council action. On a motion by Kluck, seconded by Lindsley, to approve the preliminary plat with nine plus five (14) lots. There was then a discussion between the applicant and the Council regarding approving the plat with less lots than what was designed on the preliminary plat. A discussion between the applicant and the City Attorney occurred regarding the Council's options for approving or denying a preliminary plat. There was a discussion on the following: • The applicants ability to get the development rights transferred • The applicant obtaining signatures transferring the development rights before there is a plat to transfer them to Councilor Mayers stated he considers this a cluster application. Mr. Ebert asked the planner if this is clustering. Roger stated that we do not define clustering in our ordinance. Jeff stated that this is not a clustering application. You can't analyze this from a cluster development standpoint. We do not have cluster development standards. There was continued discussion regarding transferring the development rights before getting preliminary plat approval and setting a precedent with this application. The applicant then asked Council not to alter the plat. The City Attorney then questioned the applicant and his engineer about the preliminary plat and outlot A. He then explained that Councilor Kluck's motion was to show a plat with 14 lots, not 17. Councilor Guenthner stated that the Council has the option of approving it as submitted, reject it outright, or approve it with 14 lots. After further discussion, Councilor Muck withdrew his motion. On a motion by Lindsley, seconded by Guenthner, to approve the preliminary plat with 17 lots with the conditions as recommended by the Planning Commission. At this point, the Planner stated that the final plat must be submitted within 100 days following approval of preliminary plat, unless the applicant asks for an extension. The City Clerk then polled the Council. Motion failed with Guenthner and Lindsley voting aye; Mayers, Muck, and Larkin voting no. Greg Ebert asked to poll the Council. Councilor Guenthner stated that he has no right to poll the Council, and as a matter of order, he demands that Council moves on. 202 A REQUEST BY LAKE RESTORATION FOR A CONDITIONAL USE PERMIT AND SITE PLAN APPROVAL TO FACILITATE THE CONSTRUCTION OF A 15 150 S . FT. OFFICE/WAREHOUSE BUILDING, LOCATED AT 7550 COMMERCE STREET. PID #26-119-23 11 0038 Roger explained that this application has been pulled by the applicant and that they are requesting reimbursement for the site plan approval since the public hearing was not held. Roger stated that they could not make the site plan work when they had to readjust it to meet setback requirements. A REQUEST FOR CONCEPT PLAN APPROVAL BY MIKE PATNODE TO OPERATE A CAR STORAGE BUSINESS LOCATED AT 20112 CO. RD. 10 PID #2 -11 -23 11 0038 Roger explained that the Planning Commission informed the applicant to explore other areas for Mr. Patnode to load and unload the vehicles other than using the County Road 10 right-of-way. No action taken. PLANNING COMMISSION MEMBERSHIP AND OFFICERS FOR 1998 Roger briefly introduced this item. On a motion by Mayers, seconded by Kluck, to approve Cindy Patnode to replace Don Jeszewski, and to advertise for an alternate. There was a discussion on setting term limits for Planning Commission members. Council consensus was to look at term limits at the next cycle of reappointments. Motion carried unanimously. On a motion by Lindsley, seconded by Larkin, to authorize the City Attorney to draft an ordinance on term limits for the Planning Commission. Motion carried unanimously. PLANNING COMMISSION DISCUSSION ITEMS: Sign Ordinance On a motion by Kluck, seconded by Lindsley, to accept the Planning Commission recommendation to change "Setback" to "Minimum Setback", "Area" to "Maximum Area", and "Height" to "Maximum Height" and to set a public hearing. Motion carried unanimously. Comprehensive Plan Committees Roger explained that the Comprehensive Plan Committees can meet as groups prior to meeting as a large group on the same night. He also informed the Council that Tom Caswell from the Metropolitan Council, will be attending the January 22, 1998 meeting. APPROVAL OF THE TOWER ORDINANCE AS PREPARED BY THE CITY ATTORNEY Roger informed the Council that the Planning Commission reviewed the tower ordinance and would like to make some changes. Roger stated that the recommendation from him and the City Attorney is to table this item, as staff and the Attorney are going to meet on it. On a motion by Guenthner, seconded by Lindsley, to table the approval of the tower ordinance. Motion carried unanimously. WASTEWATER COMMISSION RECOMMENDATION ON AK AUTO SEPTIC SYSTEM On a motion by KIuck, seconded by Mayers to approve, the following Wastewater Commission recommendation: 1. To withdraw the November 17, 1997 recommendation given the additional information provided; and 2. To recommend that only phase one be approved at this time with the conditions below: a.) Require low water usage appliances and fixtures including water softener. b.) Owner provide proof that current system is functioning correctly. Motion carried with Larkin, Lindsley, Muck, and Mayers voting aye; Guenthner abstaining stating he had a question. APPALOOSA WOODS ROAD IMPROVEMENT UPDATE FROM CITY ENGINEER 203 Vince reported on his memo and background of the project_ Councilor Lindsley would like to see that the residents be informed again of the options they have, prior to the Council approving a feasibility study. Vince stated he would send a letter to the twelve residents informing them of their options, and ask for a response from them, and use their responses at the next council meeting. Vince also stated he would like to give estimates of cost and give quarterly costs of sewer and water. There was a brief discussion on the previously approved resolution regarding the $9,000 assessment. CONSENT AGENDA On a motion by Larkin, seconded by Kluck, to approve the following consent agenda items: • Approval of List of Claims I - 61 • Approval of the December 23, 1997 City Council Minutes • Approval of Resolution No. 1998 - 01, A RESOLUTION PLACING A MORATORIUM ON THE TRANSFER OF DEVELOPMENT RIGHTS WITHIN THE CITY OF CORCORAN • Approval of Resolution No. 1998 - 02, A RESOLUTION THANKING METRO WEST INSPECTION SERVICES FOR A $1.00 DONATION TO THE CORCORAN POLICE DEPARTMENT Motion carried unanimously. SETTING 1998 APPOINTMENTS The Council discussed approving a resolution setting annual appointments for 1998. The following changes were made to last years resolution: • Ernie Mayors is the Acting Mayor • Ken Guenthner is the NW League of Cities Delegate • Roger Bromander is the NW Hennepin Human Services Council alternate On a motion by Lindsley, seconded by Guenthner, to approve Resolution No. 1998 - 03, A RESOLUTION SETTING ANNUAL APPOINTMENTS FOR 1998. Motion carried unanimously. DISCUSSION Correspondence Council briefly discussed a letter in their correspondence received from Jerry Becher, owner of Mama G's, regarding hooking up to Maple Grove sewer. Councilor Mayers and Roger stated that they are working with Jerry Becher. Crop Land Rental On a motion by Larkin, seconded by Lindsley to authorize staff to advertise for two separate bids. Install Phone at City Park There was a discussion on whether or not a phone is needed, safety issue, and blocking out long distance. On a motion by Lindsley, seconded by Mayers, to approve the installation of a phone at the Park. Motion carried unanimously. 204 ADJOURN Mayor Larkin adjourned the meeting at 8:53 p.m. ATTEST: K4G1�4VL( City &rk Mayor