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HomeMy WebLinkAbout1998-5-14 Council MeetingCORCORAN CITY COUNCIL MAY 14, 1998 239 CALL TO ORDFB/ROLL CALL Mayor Larkin called the meeting to order at 7:02 P.M. Present were Mayor Larkin, Council Members Ken K1uck, 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 35 people in attendance at the meeting. SET AGENDA The agenda was set as submitted. introducedPLANNING COMMISSION REPORL Mayor Larkin Planning•report. Mayor Larkin stated that he reviewed the signs. Roger Bromander stated that the signs have already been constructed. He then presented the Planning Commission recommendation to allow one sign, but not two. Councilor Lindsley questioned why the applicant did not follow, or check into the ordinance. Linda Schandberger, 1/2 owner of development company, stated that when they went through the platting process, they reviewed the landscaping design which included the berm and signs. Craig Scherber stated that by the time he was informed by the Building Inspector that he cannot construct the signs without a Conditional Use Permit, they were already paid for. Ms. Schandberger discussed the aesthetics of having the signs. Craig Scherber asked the Council if they would consider changing the sign ordinance to allow the two signs. Council stated they would consider. At this point the applicant withdrew the Conditional Use Application until the Council reconsidered the Sign Ordinance. There was continued discussion on the following: • Applicant constructing the signs with the knowledge that a Conditional Use Permit was needed • If Council stepped aside from procedure, the impact on the rest of the community • Approving a Conditional Use Permit after -the -fact • Why the original ordinance was wrote the way it is • Removal of the second sign • Costs involved in constructing/removing the sign • Adding a fence to the sign Mr. Scherber again stated that he is withdrawing his application until the Council reconsider the sign ordinance. City Attorney, Jeff Carson, recommended leaving the signs as is pending the review of the sign ordinance. Then at that time, if ordinance is not changed, one sign will need to be removed. 240 On a motion by Lindsley, seconded by Mayers, to allow the two signs to remain, Council to make a determination within the next 60 days on the sign ordinance, and to accept the withdrawal of the Conditional Use Permit application. Motion carried unanimously. Vince had the Acacia Hills Development file in hand, and informed the council that there is no landscaping plan on file. A REQUEST BY PAUL HEINS FOR PRELIMINARY AND FINAL PLAT APPROVAL OF HORSESHOE TRAIL ACRES 2ND ADDITION_ THE REPLATTING OF LOT 5, BLOCK 1, HORSESHOE TRAM,, ACRES INTO 3 RESIDENTIAL LOTS, LOCATED AT 21124 HORSESHOE TRAIL, PID A34-119-23 210002 Mayor Larkin questioned condition number 7 of the Resolution, why the second home must be removed by December 31, 1998. Roger explained that there are currently two residences on the lot being used and that it was the Planning Commission's intent to give it some kind of time frame to have the second home removed. Mr. Heins stated that the house was never agreed to be removed by his parents. The surveyor is the one who decided that the house is to be removed, at indicated that on the plat. Paul stated that the property has been like this for 10 years, and doesn't see why it needs to be changed. Council reviewed the aerial photo. Mr. Heins stated the second house was moved in 1989. Paul stated he currently lives in the second house. Clerk stated that in the past we have granted two houses on the same lot for one year after the occupancy permit has been issued to Mr. Heins after the construction of the new house. On a motion by Guenthner, seconded by Lindsley, to allow the second structure to remain one year after occupancy of the new structure (condition number 7 of the Resolution). Motion carried unanimously. There was a brief discussion on modifying the second home for use as an accessory structure. On a motion by Guenthner, seconded by Lindsley, to approve Resolution No. 1998 - 18, A RESOLUTION PROVIDING PRELIMINARY AND FINAL PLAT APPROVAL OF HORSESHOE TRAIL ACRES 2ND ADDITION THE REPLATTING OF LOT 5, BLOCK 1, HORSESHOE TRAIL ACRES INTO 3 RESIDENTIAL LOTS, LOCATED AT 21124 HORSESHOE TRAIL, PID ##34-119-23 210002. Motion carried unanimously. A REQUEST BY DIRK BLUNDELL FOR PRELIMINARY PLAT APPROVAL OF HEATHER MEADOWS, THE CREATIQE QF 6 RESIDENTIAL LOTS FROM A 53.2 ACRE FARMSTEAD. LOCATED AT 22985 OAKDALE DRIVE. PID -Q-119-23 32 0002 Mayor Larkin questioned the motion made by the Planning Commission, for staff to review future access to the land to the south. Roger explained the request by the Planning Commission to possibly keep access open to the lots to the south. On a motion by Larkin, seconded by Mayers, to approve the Planning Commission recommendation for preliminary plat approval of Heather Meadows. Motion carried unanimously. I T ILITA CONSTRUCTION 241 FTOWER LOCATED A 2 RD 116 (CITY PROPERTY), PID 4-1 - Planning commission continued this to the next meeting until the tower ordinance has been reviewed. No action taken. LAND DIVISION NO, - 4 LOUIS LAZER TO CREATE7.7 ACRE PARCEL FRQM AN EXISTING 105 ACREF LOCATED AT 9203 Planning Commission recommended deferring this item until more information is received by the applicant. BY DON AND MARLENE TOMBERST EXISTING RE FARMSTEAD, LOCATED AT 9120 TRAIL HAVEN ROAD, PID #10-119-23 33 0001 On a motion by Guenthner, seconded by Lindsley, to approve Resolution No. 1998 - 19, A RESOLUTION APPROVING LAND DIVISION NO. 98-05, A REQUEST BY DON AND MARLENE TOMBERS TO CREATE A 2.2 ACRE PARCEL FROM A 55.8 ACRE PARCEL, LOCATED AT 9120 TRAIL HAVEN ROAD, PID #10-119-23 33 0001. Motion carried unanimously. WASTEWATER COMMISSION-AND—HRUL, P Paul Jacobs gave the wastewater commission report and stated that they met on Monday. They reviewed an application for 20205 Hillside Drive for an experimental septic system. The recommendation of the Wastewater Commission was to approve the system with monitoring and mitigation plans and a hold harmless agreement. The Wastewater Commission also spent a lot of time going over wastewater ordinance which will be coming before council in June. Mr. Jacobs then reported on the Water Quality Cooperative now H.R.U.A. and handed out a Water Quality Cooperative Project update. Councilor Guenthner asked at what point will he be involving the public in the organization. Mr. Jacobs stated that the paperwork for the cooperative is not quite done, but that he will provide a copy to Council when it is ready. He also stated he has some prospective members. No action taken. PRESENTATION BY SHAUN IRWIN, CI1Y'S INSURANCE AGENT, ON DISABILITY AND LIFE INSURANCE POLICIES AS REQLUELD BY THE MINNESOTA TEAMSTERS LOCAL NO.320 CONTRACT Shaun Irwin was present to give a report on the insurance requirements. He informed the Council that insuring the three officers would cost more than insuring a group. He stated that three people are not group; 10 people are a group. The cost of insuring three officers was $3663.00 without the guarantee that they would be able to get the insurance under individual underwriting. The cost of insuring all full-time employees, described as working 30 or more hours per week, would be $2700 per year. He further stated the contract calls for long term disability at 60% until age 65 and $10,000 life and accidental death, dismembership policy. Shaun reassured the Council that he followed what was stipulated in the union contract and explained his efforts in pursuing insurance coverage for the three officers. On a motion by Guenthner, seconded by Lindsley, to cover all full-time employees, as defined in this plan. Motion carried unanimously. Councilor Lindsley questioned the progress on a safety manual. Shaun informed her he has one completed and on disk. 242 CITY ENGINEER REPORT Petition for Asphalt Improvement of Old Settlers Road Vince provided an overhead of the area that was petitioned to be asphalt. There was a clarification made on the numbering of the map. Vince suggested holding a neighborhood meeting, including the residents on 70th Avenue. There was a discussion on the quality of Old Settlers Road and general maintenance of the gravel roads. T The residents present also inquired if the City contributes to the paving of the road. This lead to a discussion on the City providing dust control and the high rate of speed the cars travel on Old Settlers Road. Vince explained that he would be able to provide rough cost estimates at a neighborhood meeting. There was a discussion on separating 70th Avenue from Old Settlers Road. Vince responded that it is the Council's decision to separate the costs of the two roads. The neighborhood meeting was set for Thursday, May 28, 1998 at 6 p.m. at City Hall, prior to the Council meeting. Vince suggested having Pat Meister or Bob Krei at the meeting to discuss concerns regarding dust control. Street Lighting Vince explained that traffic volume and accident records would be used as major criteria to determine the placement of street lights; he is creating an index to make the determination. There was a discussion on the index he is considering. Vince stated that he should have some areas designated by the next meeting. Feasibility Study Vince stated that the report is proceeding and the costs are what was discussed with Council and there will be options that could get more expensive. He informed the Council that he attended the Elm Creels Watershed Commission meeting on Wednesday where the H.R.U.A. raised a concern with the project and the impact of the wetlands downtown. Vince stated that he is meeting with Paul Jacobs and his engineer to discuss the plans in that area. Vince will issue a draft copy of the feasibility report for the next meeting. i • \ • • 1 • • • ali • • :... #20-119-23 33 0003 Roger gave the background of the original application for a land division which stipulated that a 60 foot private driveway agreement be required. The applicant is now back requesting the size of the lots to be equal, and a 30 foot driveway agreement, because the existing mound system is located within the western half of the 60 foot casement. There was a discussion on the width being reduced to 30 feet, the plowing of the snow, and possibly moving the septic system. On a motion by Kiuck, seconded by Mayers, to have staff draft a resolution for a 30 foot easement next to the mound system, then a 60 foot easement thereafter, and bring it back to the next meeting. Motion carried unanimously. The Lee's questioned why the current driveway could not be used. Roger explained that it was a safety issue with Hennepin County. DUST CONTROL TEST STRIP 243 x Council Guenthner explained that he asked this item to be placed on the agenda and his intention was to have a brainstorm session. The following items were discussed; • Conducting a test strip • Limited dollars the City has to spend on dust control • Number of people requesting has grown over last two years • Conducting tests based on the history and knowledge the Public Works department has • Conducting a test from the ground up (new strip) • Using the areas that have already received the applications year after year • How to translate the savings into dollars • Environmental impact of the magnesium chloride • Environmental impact of asphalting roads and the dust particles of gravel roads • Conducting a paper test to see if there has been any cost savings maintenance wise, if at that point there is not enough information, conduct test strip • Traffic levels increasing over last 20 years, maintenance levels staying the same • City paying for dust control out of General Fund as part of gravel road maintenance; comparing street sweeping to dust control • Using Foxline Drive, Treeline Drive, and Trail Haven as a test strip; already paid for • Obtaining survey information from other communities, MN DOT, vendors • Assessing for dust control, everyone uses road not just people who live there • People who live on asphalt are assessed, but everyone uses the road Randy Young from Homestead Trail handed out literature on the use of dust control. There was continued discussion on the benefits of dust control. Staff was directed to provide study data, no formal action taken. PERMIT000NT.) DISCUSSION ON CONDITIONAL USE D TO LARRY GILPMF R CARETAKERS WARIERSMITHIN AN ACCESSQEX BUILDING LOCATED 3515 (TABLEDPIONEER TRAIL FROM THE APRIL 23,199MEETING) Mayor Larkin stated that he visited the Gilpin property and he does not have a problem with it. Stated that there is not an issue with a manure pile and the horses are not pastured. Jeff Carson gave the history of the Conditional Use Permit applications and the variance application. He also explained the 60 day requirement, since the application was tabled. He informed the Council that unless there is a violation of the Conditional Use Permit, there is nothing the Council can do. Councilor Guenthner explained what happened at the last meeting, and why it is on the agenda tonight. Mr. Tom Price was present and questioned two residences on one parcel. Jeff explained that there is only one residence and the caretaker's quarters is a seasonal, non -permanent residence. This lead to a brief discussion on the issuance of an occupancy permit. Price questioned the 500 foot setback requirement for an agricultural building. Jeff informed him that there was a variance application for the building. Jeff recommended to the Council that they do not do anything at this time. Mr. Price stated that he will prove that the second residence is illegal in court, He also stated that he will have the whole horse operation wiped out. No action taken. 244 TOWER ORDINANCE Jeff Carson explained that the ordinance proposed was prepared by the group designated and met to discuss the ordinance. Jeff reviewed the ordinance with the Council and Mr. Buell, a representative of Nextell. The following changes were made: • Section 5, number one, remove verbiage "if applicable" • Section 6, number nine, 300 sq. ft. building instead of 2,000 sq. ft. and that it should apply per user, not per tower. This lead to a brief discussion the number of buildings that may accumulate. Mr. Buell explained that not all carriers will use buildings, some may use cabinets, depending on the equipment they will need. • Section 6, number 11, engineers are not licensed by the state. In the industry they are radio frequency professionals. Jeff Carson suggested changing the wording to an expert in the industry. • Section two, number two, states "...the regulation of towers and telecommunication facilities in the City will not have the effect of prohibiting any person from providing wireless communications services..." Mr. Buell suggested "is not intended to have the effect..." Jeff agreed and will change There was a brief discussion on the height limitations and accessory buildings. On a motion by Guenthner, seconded by Lindsley, to approve the tower ordinance with the amendments stated tonight. Motion carried unanimously. CONSENT AGENDA On a motion by Guenthner, seconded by Kluck, to approve the following consent agenda items: • Approval of List of Claims #350 - 407 • Approval of the April 23, 1998 City Council Minutes • Approval to Advertise for Summer Public Works Position Motion carried unanimously. DISCUSSION Correapondenc Council briefly discussed a letter received regarding the tobacco ordinance. Clerk Doboszenski informed the Council that the tobacco ordinance will be on the June 11, 1998 City Council meeting agenda. ADJOURN Mayor Larkin adjourned the meeting at 10:52 p.m. ATTEST: 4ti ry Mayor .