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HomeMy WebLinkAbout2004-02-26 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 1 The Corcoran City Council met on February 26, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Guenthner, Lymangood and Thomas. Councilor Gageby was excused absent. Also present were Administrator Vergin, Clerk Tillmann, Planner Lindahl, Engineer Vander Top, Attorney Carson, Police Chief Schutte, and Public Works Director Meister. Mayor Guenthner called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the agenda with the following change: • Discussion of item 9.a. after item 7 Open Forum There were two requests from the public to speak during open forum. Ken Kluck, 21800 County Road 50 – Questioned why burning permits are now only valid for 7 days as opposed to 30 days in 2003. Would prefer to have them valid for 30 days. Councilor Lymangood advised that the number of days changed when the new fee schedule was adopted, and was due to concerns raised by Police Department and Fire Department personnel, and the number of false fire alarms. Staff will review and provide additional information to Council at a later date. Greg Ebert, 6503 County Road 101 – Questioned if the Planning Commission would have an opportunity to review the PUD ordinance before adoption by the City Council. Mayor Guenthner advised that the Public Hearing before the Planning Commission on March 4, and at the subsequent Council meeting, would provide opportunities for review and discussion. Presentation Kathleen Roach, Northwest Hennepin Human Services Council, presented information regarding services provided to the community by NWHHSC. The NWHHSC acts as a bridge between municipalities and Social Service agencies to serve residents and ensure that there is no duplication of services between them. Ten percent of their funding comes from municipalities and the remainder is received through grants and state funding. Comments were heard from Beth Becker, NWHHSC staff person, regarding programs for children and seniors. Consent Agenda MOTION by Thomas, seconded by Bucher, and carried unanimously to approve the consent agenda as presented, with the exception of item 6.i. Investment Account with Pershing LLC (Northland Securities). a. Approve the Regular Council Meeting minutes of February 12, 2004, as presented. b. Approve the payment of February 12, 2004 claims, #3098 – 4038, in the amount of $80,484.49, as presented. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Ken Kluck – Burning Permits Greg Ebert – PUD Ordinance Presentation – Northwest Hennepin Human Services Council Consent Agenda Approval c. Adopt Resolution #2004 – 05, setting the public hearing on proposed dust control in the City of CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 2 Corcoran for April 22, 2004 at 7:00 p.m. at the Corcoran City Hall, and directly the Clerk to give mailed and published notice of the same as required by law. d. Approve the purchase of a 2004 Chevrolet Silverado 2500 Heavy Duty Crew Cab 4 x 4 Pick Up Truck for the Public Works Department, in the approximate amount of $31,418.00, with funds to be taken from the CIP budget. e. Accept the staff recommendation to update the Building Rights map to reflect 13 building rights for the Clayton Jensen property at the corner of Cain Road and County Road 30. f. Adopt Resolution #2004 – 06, approving a site plan amendment and conditional use permit amendment for Hicks Concrete, Inc., located at 7545 Commerce Street, as recommended by staff and the Planning Commission, with conditions, on file in the City Clerk’s Office. g. Adopt Resolution #2004 – 07, approving the preliminary plat for Terry Kuehn for “Kuehn Farm” on property located at the southwest quadrant of Strehler Road and County Road 19, as recommended by staff and the Planning Commission, with conditions, on file in the City Clerk’s Office. h.a. Adopt Resolution #2004 – 08, approving an exemption from the moratorium to allow the submittal of a site plan for T-mobile USA for an antenna to be located at 6995 County Road 101, as recommended by staff and the Planning Commission, with conditions, on file in the City Clerk’s Office. h.b. Adopt Resolution #2004 – 09, approving a site plan for T-mobile USA for ground equipment and co-location of an antenna to be located at 6995 County Road 101, as recommended by staff and the Planning Commission, with conditions, on file in the City Clerk’s Office. Discussion was held regarding consent agenda item 6.i. Investment Account with Pershing LLC (Northland Securities). Administrator Vergin advised that the City was adding Pershing LLC as an additional depository for the City. MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt Resolution #2004 – 12, authorizing the City Administrator to open and maintain an investment account with Pershing LLC through Northland Securities, and act on behalf of the City with respect to the investment accounts. Mayor Guenthner closed the regular meeting and opened the NPDES Storm Water Pollution Prevention Program (SWPPP) Annual Public Meeting. Greg Halvorson, Engineer, Bonestroo, Rosene, Anderlik and Associates, presented information regarding the NPDES Phase II General Storm Waster Permit and Consent Agenda Item 6.i. Approve Consent Agenda Item 6.i. NPDES Public Hearing CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 3 permit requirements. Engineer Halvorson’s presentation included a general history of NPDES, the status of the City’s compliance with permit conditions, appropriateness of the Best Management Practices (BMP’s) as outlined in the SWPPP, progress towards achieving measurable goals, and potential changes to the SWPPP. The follow public comments were heard: Dennis Stieg, 19320 Stieg Road – Questioned if all the requirements were necessary. Engineer Halvorson that the requirements are set by the state and it is the City’s responsibility to educate the public to help resolve some issues. The Watersheds do not own the systems so it would be difficult for them to enforce the requirements. Greg Ebert, 6503 County Road 101 – Questioned if property zoned or designated as Agricultural has to abide by the same requirements and standards. Engineer Halvorson advised that right now, Ag land does not. The state is targeting things that are more easily regulated, which Ag is not. However, Incentive Based programs are also being developed. Councilor Lymangood questioned relationship between the City’s Septic Maintenance and Inspection program and the NPDES permit. Engineer Halvorson stated the City needs to ensure that systems are being managed to prevent sewer overflows. Mayor Guenthner closed the public meeting at 7:40 p.m. and reopened the regular Council meeting. Unfinished Business Paul Donna, Northland Securities, was present to discuss financing options for the Police Department expansion project. Donna presented two different scenarios as possibilities for financing. Councilor Thomas questioned if either scenario would affect the city’s ability to borrow in the future. Donna advised that using the CIP Bond would be subject to the statutory debt limit of the City. Administrator Vergin advised that staff and the project architect had a walk-through scheduled for March 1. Ideally, the project will be bid in April, with construction beginning in June and possible completion by October 2004. Donna advised that financing should be closed within 45 – 60 days. Administrator Vergin added that only architectural services have been authorized at this time. At the previous meeting, discussion was held regarding what impact the City Charter would have, if any, on the financing option chosen for the project. Attorney Carson advised that he had discussed this question with Bond Counsel and was advised that the City Charter would have no impact on the financing of the project. Councilor Lymangood added that there is a provision in the Charter allowing Citizens the opportunity to reverse decisions of the Council. Attorney Carson advised that financing is not exempt from that process, but it also doesn’t prohibit or require any particular process in regards to financing. Public Comments Dennis Stieg – State Requirements Greg Ebert – Ag Requirements Close Public Hearing Police Department Expansion Financing CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 4 Mayor Guenthner added that it would be appropriate to develop a policy in regards to financing the police department expansion project, this will be addressed further at the March 11, 2004 Council meeting. Planning Business US Auto Group Conditional Use Permit Planner Lindahl advised that CU Cardeal, dba US Auto Group has requested a conditional use permit (CUP) to allow auto sales at 7633 Commerce Street. This item was not placed on the consent agenda because the Planning Commission is recommending approval with the condition that the City Engineer make a recommendation regarding the need for curb and gutter, and that the parking lot be paved to a 9-ton design. The applicant has objected to the requirement to upgrade the parking lot because they feel it would cause a hardship. The applicant was not present and had previously advised Planner Lindahl that they may withdraw their application if required to upgrade the parking lot. Planner Lindahl advised that Council could approve the CUP with the conditions, and that the CUP would not be issued unless appropriate plans were submitted to the City for the parking lot. Engineer Vander Top advised that he could review parking lot plans once submitted to determine if the curb and gutter was appropriate from an engineering standpoint. Councilor Thomas suggested a revision to condition 9 to read: 9. The City Engineer shall make a recommendation on whether Curb and gutter should be required to be installed around the parking lot, unless the City Engineer makes a recommendation to the contrary. MOTION by Thomas, seconded by Lymangood, and carried unanimously to adopt Resolution #2004 – 10 as modified, approving a conditional use permit (CUP) for CU Cardeal, dba US Auto Group, located at 7633 Commerce Street, as recommended by staff and the Planning Commission, with conditions, on file in the City Clerk’s Office. Colebank Request Planner Lindahl advised that Robert and Ruth Colebank have submitted a letter to the Planning Commission and City Council for review and consideration. The Planning Commission reviewed the letter at their February 5, 2004 meeting. The Planning Commission noted that the City ordinance requires the landowner to plat the property because the 2000 approved lot division was invalidated by the 2003 lot division/consolidation, which changed the legal description of the underlying lot. Because the 2003 subdivision was done by metes and bounds, the ordinance requires that the farmstead property be platted. The applicant is requesting exemption from the platting requirement. US Auto Group CUP Adopt Resolution #2004 – 10 Colebank Request CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 5 LeAnne LaFave, 9505 Cain Road, was present on behalf of Robert and Ruth Colebank, who stated that there is a buyer for the 10-acre homestead, and a closing date has been set. They are requesting exemption from the platting requirement at this time. Planner Lindahl advised that the application schedule for platting and for subdividing by metes and bounds is the same, approximately two (2) months. The difference would be in the expense to the applicant (i.e. platting is more expensive than subdividing by metes and bounds). Councilor Lymangood added that there has been significant activity on this entire parcel over the last few years, which the owner has received significant financial benefit. The Council has not granted exemptions from this requirement in the past. Mayor Guenthner added that the owner has not made a strong argument in favor of the exemption. Councilor Bucher concurred. Engineer Vander Top added that if the 2000 land division had been handled correctly, the applicant would have been required to plat the property for the Grove Nursery land division. Council agreed by unanimous consensus to take no action on the request for exemption from the platting requirement. Zoning Map Options Discussion was held regarding two options for the zoning map of property in the urban service boundary. The two options include having all property in the urban service area zoned according to land use or having all property in Phase one pre-zoned as Ag property. Council discussed the pros and cons of both options. Councilor Lymangood reminded the Council that the 2020 Land Use Map would not change. In order to change the Zoning of a property, the land use would also have to be changed. Zoning would take effect with the approval of the land use. Councilor Bucher questioned what triggers would have to happen in order to take a piece of land out of the Ag use. Mayor Guenthner added that there were additional questions that need to be answered before reaching a decision on either option. No action taken. Planning Commission Alternate Position Administrator Vergin advised the Council that additional applications had been received for the Planning Commission vacancy. Council agreed by unanimous consensus that the Planning Commission should review all applications received at the March 4, 2004 Commission meeting and make a recommendation of appointment to the Council. Unfinished Business - continued Proposed Process for 2004 Goals and Objectives This item was laid over from the February 12, 2004 meeting. Council agreed that in the future, long range planning should be part of the City’s budgeting process. No changes were proposed to the 2004 Goals & Objectives. No action on Request for Platting Exemption Zoning Map Options Planning Commission Alternate Proposed Process for 2004 Goals and Objectives CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 6 New Business Proposed Improvement to Hackamore Road Engineer Vander Top advised that he had spoken to the Medina City Engineer about this proposed project, and Administrator Vergin had also discussed this issue with Medina City Administrator Chad Adams. At this time, the City of Medina is not requesting that the Corcoran Council take action on the proposed development on Hackamore between the City of Corcoran and Highway 55. If the project were approved by the City of Medina, Hackamore Road would be paved to the Corcoran City limits. Engineer Vander Top advised that he would keep abreast of the project as it relates to Corcoran. Local Control of Speed Limits in Construction Areas Councilor Lymangood requested that this item be placed on the Council agenda for discussion, in light of the fatal accident, which took place in 2003 on County Road 116 and Larkin Road in Corcoran. Current MNDOT policy allows for a reduction in the speed limit in a construction zone, but not for a reduction in posted speed limit in detoured areas. Councilor Lymangood is requesting support of a resolution requesting a change in this policy to allow for temporarily lowering the speed limit in detoured areas as well. MOTION by Lymangood, seconded by Thomas, and carried unanimously to adopt Resolution #2004 – 13, requesting that MNDOT re-examine current policy to allow lowered posted speed limits within detour areas, and seek support of neighboring communities and legislators. Hennepin County Hazard Mitigation Plan Police Chief Schutte advised that the Federal Emergency Management Agency that determined in the Mitigation Act of 2000 that each city and township in the county must have a hazard mitigation plan. Hennepin County Emergency Preparedness received a grant from the Division of Homeland Security and Emergency Management to write a hazard mitigation plan. If a jurisdiction does not have a mitigation plan, disaster funds may be limited in the future. The purpose of the plan is to identify hazards, risks, vulnerabilities, and measures that prevent loss of life and damage of property while reducing future risks in the city and county. The plan has been completed and each city is now being asked to adopt the Hennepin County Mitigation Plan as part of its own emergency operations plan. MOTION by Thomas, seconded by Lymangood, and carried unanimously to adopt Resolution #2004 – 11, formally adopting the Hennepin County Hazard Mitigation Plan as part of Corcoran’s Emergency Operations Plan, under Ordinance 32.10, Emergency Management. Home Occupation Compliance Process Discussion was held regarding the establishment of a process to track Proposed Improvements to Hackamore Road Local Control of Speed Limits in Construction Areas Adopt Resolution #2004 – 13 Hennepin County Hazard Mitigation Plan Adopt Resolution #2004 – 11 Home Occupation Compliance Process compliance with the Home Occupation Ordinance. Code Enforcement Official Reger CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 7 outlined a process for consideration by the Council, which involves identification of currently known non-complying home occupations, of which there are five. CEO Reger will contact those home occupations via mail, with a deadline for response with an application or additional information. If there is no response, additional action will be pursued by the City Attorney. Council and Staff Reports Bridge Replacement Program Engineer Vander Top provided information regarding the repair and/or replacement of three bridges within the City limits. All three bridges will qualify for state funding from the State Transportation Fund for repair. Funding for the bridges would cover the cost of the new bridge construction, excluding demolition of the existing bridges, approach work, right-of-way, engineering fees and testing. At this time, there is no eminent danger, but the City should have a plan in place for the repair and a review of funding sources. Council agreed by unanimous consensus to direct Engineering staff to inspect the three bridges as appropriate, more frequently than the annual required inspection, and to draft an interim plan for funding and a timeline for repair. It was suggested that bridge replacement be included in the 2005 budget as an infrastructure capital item. Intersection of County Roads 30 and 101 Engineer Vander Top advised the Council that the City had reviewed two proposed traffic control layouts for the intersection of County Roads 101 and 30, from the City of Maple Grove. Hennepin County is requesting comments from the City regarding the two layouts. Engineer Vander Top reviewed his draft response with the Council, and changes were recommended. Revisions will be made for the Council to review at the March 11, 2004 meeting. Parks and Trails Commission Report Councilor Lymangood provided an overview of the recent Parks and Trails Commission meeting. Council received a copy of the Parks and Trails Plan for review. The Commission is in the process of developing a definition of “density”, desiring a more simple approach to determine Police Department Report Police Chief Schutte reported that the 2nd ATV public meeting was held on February 24, 2004. Modifications are being made and the Council will have an opportunity to review the ordinance on March 11, 2004. Councilor Lymangood expressed his concern over the lack of flexibility of the ordinance. Reported that weight restrictions would be put in place effective February 28, 2004. Corcoran will be working in cooperation with the City of Rogers to enforce weight restrictions. Chief Schutte also reported that he and Administrator Vergin will be meeting with Sheriff McGowan on Monday, March 8th to discuss long range plans. Bridge Replacement Program Intersection of County Roads 30 and 101 Parks and Trails Commission Liaison Report Police Department Report CITY OF CORCORAN CITY COUNCIL MEETING FEBRUARY 26, 2004 8 Discussion was held regarding a meeting date change for the March 25, 2004 Council meeting. Further discussion will be held on March 11, 2004. Member Resignation from Commissions and Charter Administrator Vergin advised that Brent Anderson has submitted his resignation from the Wastewater, Parks and Trails, and Charter Commissions. Staff will advertise the vacancies as appropriate in the City Newsletter and Crow River News. Councilor Lymangood advised that Charter Commission vacancies are filled through the District Court system. Clerk Tillmann advised that the City newsletter is scheduled for delivery on April 1, with a deadline for submission of articles and information of March 15, 2004. Engineer’s Report Engineer Vander Top reported that a neighborhood meeting for improvement to Sundance Road was held prior to tonight’s Council meeting. The project would be similar in scope to the Hage Drive and Chisholm Trail projects. There is some concern in regards to the location of the road, and if the City needs to acquire right-of-way to complete the project, costs will be higher. Staff will investigate and report back to the Council at a later date. Engineer Vander Top and Administrator Vergin will be meeting with Hennepin County Environmental Services Staff on Tuesday, March 2, 2004, regarding the culvert under Rush Creek Boulevard. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:34 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Member Resignation – Brent Anderson Newsletter Deadline Engineer’s Report Adjourn