HomeMy WebLinkAbout2004-07-22 Council MinutesDocument 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
1
The Corcoran City Council met on July 22, 2004 at City Hall in Corcoran,
Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood
and Thomas. Also present were Administrator Vergin, Clerk Tillmann,
Planner Lindahl, Attorney Carson, and Engineer Vander Top. Mayor
Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of
Allegiance to the flag.
Agenda Approval
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
approve the agenda with the following additions:
• Highway 55 Mapping – Unfinished Business, Bucher
• Crow River News Items – New Business, Lymangood
• Crow River News Article Clarification – Council Reports, Bucher
Open Forum
There was one request by the public to speak during open forum.
William E. Mason, 6504 Fairview Avenue, Crystal – Mr. Mason stated he
owns farmland in Corcoran, and is concerned about a weed, birds foot trefoil,
that is prevalent in the ditch area along the property that he farms, primarily
along 66th Avenue and Park Trail. He has discussed this issue with CEO
Reger and a representative from Hennepin County, and is asking the city to
assist in the eradication of this weed in the area. Council directed CEO Reger
and Public Works Director Meister to address this issue with Mr. Mason and
provide a report to the Council in August.
Presentation – 2004/2005 City Insurance Policy Renewal
Shawn Irwin, Anderson Insurance Agency was present to provide an overview
of the City’s insurance policy for 2004-05. Mr. Irwin advised the Council that
the overall premium has decreased; however there is an increase in the
worker’s compensation premium due to an increase in overall losses from
LMCIT members. The base premium is set by population. Mr. Irwin also
advised that claims made in 2003 will have an effect on the 2005 – 06
premium, specifically legal expenses associated with suits against the City.
MOTION by Thomas, seconded by Bucher, and carried unanimously to
approve the 2004 – 2005 insurance policy renewal with a $1000 policy
deductible and a $250 worker’s compensation deductible.
Consent Agenda
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
approve the consent agenda with the exception of items a., d., e., and f.
Councilor Gageby noted that he was voting to approve items b., c., and g., and
was abstaining from consent agenda item h.
b. Approve payment of the July 22, 2004 Claims, #4414 - 4461, in the
amount of $123,634.87, as presented.
Call to Order
Roll Call
Pledge of Allegiance
Agenda Approval with Additions
Open Forum
William E. Mason, 6504 Fairview
Avenue, Crystal
Presentation – 2004/05 Insurance
Policy Renewal
Approve 2004/05 Policy
Consent Agenda
Approve Consent Agenda
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
2
c. Adopt Resolution #2004 – 53, approving a gambling application allowing
a raffle and bingo to be conducted at St. Thomas Catholic Church located
at 20000 County Road 10 on August 15, 2004, and authorize the City
Clerk to sign said application.
h.d. Adopt Resolution #2004 – 56, approving the preliminary plat for Larry
and Shelly Hutchins for “Pioneer Lane Farms Second Addition” on
property located at the NW Quadrant of Pioneer Lane and County Road
19, as recommended by the Planning Commission and staff, with the
following conditions:
1. A preliminary plat is approved to allow a lot line adjustment in
accordance with the plans and application received by the City on
June 7, 2004, except as amended by this resolution.
2. The planned accessory structure will not be permitted within the
wetland buffer and structure setbacks areas.
3. A tree preservation plan must be submitted to and approved by the
City prior to issuance of building permit.
4. Elm Creek Watershed District shall review and approve the
application prior to final plat approval.
5. The applicant must coordinate with Hennepin County to provide
additional right-of-way along County Road 19.
6. A certified inspector must approve the existing septic system to ensure
compliance with Rule 7080 and City standards. Both septic systems
must be brought up to standard to include a primary and secondary
site.
7. The drainage and utility easements over the existing lot line must be
vacated. The application must submit a vacation request for City
approval.
8. The applicant must identify the septic and drain field locations to
ensure they are located on the subject lot.
9. The applicant must comply with all conditions in the City Engineer’s
memo.
g. Approve the installation of a performance septic system at 20120 Hillside
Drive, as recommended by the Wastewater Commission, with the
following conditions:
1. The system must be inspected on semi-annual basis by a licensed
individual for two years, and provide reports to the City at every
inspection. After two years, the owner is required to carry an annual
service contract.
2. Inspection pipes must be installed to the bottom of the sand fill and
bottom of the rock bed.
3. The contractor must locate the power supply and switches outside the
manhole and pumping chamber in a weather proof enclosure and a
warning device must be installed with a light and sound device in case
of a pump failure. The supply line should be installed by directional
bore.
4. A water meter must be installed to monitor daily water use.
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
3
5. The City should be notified of any system or component alarm or
malfunction
6. The applicant agrees to enter into a monitoring and mitigation plan
with the City of Corcoran and sign a hold harmless agreement.
Consent Agenda Item 6.a. July 8, 2004 Regular Council Meeting Minutes
Discussion was held regarding consent agenda Item 6.a. July 8, 20 04 Regular
Council Meeting Minutes. The following changes were made:
Page 3, Paragraph 2, Parks and Trails Business
Discussion ensued regarding park dedication fees can be used for maintenance
infrastructure planning, or if it is only for development and acquisition.
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
approve consent agenda item 6.a. July 8, 2004 Regular Council Meeting
Minutes, as amended.
Consent Agenda Item 6.d. Text Amendment to Telecommunications
Ordinance and Item 6.e. Verizon Wireless CUP and Site Plan
Discussion was held regarding consent agenda Item 6.c. Text Amendment to
Telecommunications Ordinance. Councilor Bucher questioned why HAMM
Radios were excluded from the ordinance. Planner Lindahl advised, and
Attorney Carson concurred that there is different statutory regulation that
applies to HAMM Radios. Regarding the Verizon Wireless application,
Council questioned if it was possible to place a deed restriction for adjoining
properties if sold, noting that a telecommunications tower was located on
property adjacent to that which may be sold in the future. Planner Lindahl
advised that the applicant has met all the setback requirements, so there
shouldn’t be any issues. Attorney Carson also advised that such a requirement
could not be place on an adjoining property.
MOTION by Bucher, seconded by Thomas, and carried unanimously to
approve the following consent agenda items as follows:
d. Adopt Ordinance No. 2004 – 200, amending the text of the Corcoran City
Code, Title X (Zoning Ordinance) regarding telecommunications, as
presented, as recommended by the Planning Commission and Staff.
e. Adopt Resolution #2004-54a, approving an exemption from the
moratorium to allow the submittal of a site plan for Verizon Wireless for
an antenna to be located at Lions Park, as recommended by the Planning
Commission and staff, based on the findings of fact on file in the City
Clerk’s Office; and adopt Resolution #2004-54b, approving a conditional
use permit and site plan for Verizon Wireless for a new
telecommunications tower to be located at Lions Park, as recommended
by the Planning Commission and staff, with the following conditions:
7.1. The conditional use permit is approved in accordance with the plans
and application received by the City on April 9, 2004 and revisions
received on June 22, 2004, except as amended herein.
Consent Agenda Item 6.a. July 8,
2004 Regular Council Minutes
Approve Consent Item 6.a.
Consent Agenda Item 6.d. and 6.e.
Telecommunications Ordinance
and Verizon Wireless Application
Approve Consent Agenda Items
6.d. and 6.e.
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
4
8.2. The development shall comply with the P-I district standards.
9.3. The applicant shall provide material samples and color samples for
City review and approval prior to construction of the accessory
structures.
10.4. No equipment is approved to be located outside the accessory
building.
11.5. The applicant shall provide fence details for City approval
prior to issuance of building permits.
12.6. The applicant shall provide lighting details prior to issuance of
building permits.
13.7. The applicant shall revise the plans to show that at least two
additional carriers can be accommodated on site.
14.8. The applicant shall provide the City with information about the
stealth design of the tower that will make it less noticeable.
15.9. The applicant shall be required to pave 20-foot aprons at the three
entrances to Lions Park on CR 101 in lieu of paving the drive aisle in
front of the new tower.
16.10. Add additional landscaping to screen the tower and accessory
building. The applicant shall revise the landscape plan to provide 10
new trees to screen the new structures. The trees shall be a mix of
deciduous and coniferous trees.
Consent Agenda Item 5.f. Arens Norling Preliminary and Final Plat
Discussion was held regarding consent agenda Item 5.f. Arens Norling
Preliminary and Final Plat. Council agreed that a condition of the final plat, as
discussed at the Planning Commission included that the primary and
secondary septic site for the new home must be staked and fenced prior to
beginning construction on the site.
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
approve consent agenda item 5.f. Arens Norling Preliminary and Final Plat, as
follows:
f. Adopt Resolution #2004 – 55a, approving a preliminary plat for Robb
Norling and Thomas Arens for “Arens Norling Addition” on property
located at 6701 Pioneer Trail, as recommended by the Planning
Commission and staff, with the following conditions:
1. A preliminary plat is approved to allow the creation of two lots and
one outlot in accordance with the plans and application received by
the City on June 2, 2004, except as amended by this resolution.
2. A 10-foot drainage and utility easement must be provided adjacent to
Pioneer Trail.
3. A 10-foot wide trail easement over the drainage and utility easement
must be dedicated to the City and the documents must be filed with
the final plat.
4. The park dedication fee for one new lot must be paid prior to release
of the final plat.
Consent Agenda Item 5.f. Arens
Norling Preliminary Plat
Approve Consent Agenda Item 5.f.
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
5
5. The lot size tabulation on the preliminary plat must be corrected to
reflect 2 lots and one outlot, as well as their proper sizes, as drawn on
the plat.
6. The proposed driveway shall be shown on the plat.
7. One over story tree shall be provided for the new home.
8. Lot 1, Block 2 is located within the MUSA. The existing septic
system on the farmstead must be maintained in accordance with City
and State requirements until sanitary sewer is extended to serve this
property.
9. Outlot A and Lot 1, Block 2 will continue to be farmed and, therefore,
shall be exempt from the wetland buffer requirements. When
development occurs, the site shall be subject to the wetland buffer and
setback requirements in place at that time.
10. The applicant must comply with all conditions in the City Engineer’s
memo.
also, Adopt Resolution #2004-55b, approving the final plat for Robb Norling
and Thomas Arens for “Arens Norling Addition” on property located at 6701
Pioneer Trail, as recommended by the Planning Commission and staff, with
the following conditions:
1. A final plat is approved to allow the creation of two lots and one
outlot in accordance with the plans and application received by the
City on June 2, 2004, except as amended by this resolution.
2. All conditions of preliminary plat approval must be met.
3. The Building Inspector must approve the soil percolation tests and
septic system designs prior issuance of building permits. A primary
and secondary septic site must be staked and fenced prior to beginning
any construction on site.
4. Elm Creek Watershed District approval must be obtained prior to final
plat approval. The applicant shall be subject to any conditions.
5. The final plat must be filed by the applicant at Hennepin County.
6. Final plat approval shall expire two years from the date of approval
unless the plat has been filed at Hennepin County.
7. The applicant shall submit electronic files of the plat in a manner as
required by the City Engineer.
Planning Business
Tessmer Building Right Appeal
Planner Lindahl presented an overview of the application by Carl Tessmer to
amend the Building Rights map to allow two building rights on the 69.9 -acre
parcel identified as PID #06-119-23-42-0004. Staff has reviewed the history
of this property. City records show a 1999 approval that gave 9 building right
to allow development of Meadowview Farm and 2 building rights on the
remaining 81-acre parcel. In 2000, a lot split was also approved to allow on
11.97-acre parcel with two homes and the vacant 69.9-acre parcel, which the
existing map indicates has only one building right assigned to it. At this time,
staff is recommending no change to the building rights map.
Planning Business
Tessmer Building Right Appeal
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
6
The following public comments were heard:
Carl Tessmer, owner
Mr. Tessmer referenced a letter he sent to the City dated June 15, 2004,
regarding his building rights appeal. Mr. Tessmer was under the impression,
when he began subdividing his property in 1999, that there were 12 building
rights associated with the entire parcel. Roger Bromander, the City Planner in
1999, used the Heather Meadows development as an example and Mr.
Tessmer stated that they would have platted the entire parcel, including the
farmstead, if he had known they would lose one of their building rights.
Discussion was held regarding the second home located on the farmstead, as
identified on the Certificate of Survey. Mr. Tessmer identified that structure
as a barn, and not a house, indicating that the label on the structure on the
survey is not correct. Planner Lindahl added that in light of that information,
if it were correct, then two building rights should be associated with this
parcel.
MOTION by Thomas, seconded by Lymangood, and carried unanimously to
table consideration of the request by Carl Tessmer for a building rights appeal
until August 12, 2004., directing staff to prepare findings of fact for
consideration at that time.
Baumeister Building Right Appeal
Planner Lindahl presented an overview of the application by Patricia and
Sadot Khan requesting a review of the Building Rights remaining on Outlot A,
Baumeister 2nd Addition. City records show that there are no building rights
remaining on this outlot. The applicant states that the driveway agreement
confers additional building rights on Outlot A. The City Attorney is of the
opinion that the driveway agreement merely provides access to the parcel , but
does not assign additional building rights. It merely implies that the lots
included in the driveway agreement would be allowed to use the private
driveway and that building permits would be issued for vacant lots. At this
time, staff is recommending no change to the building rights map.
The following public comments were heard:
Jim Tiller, Attorney representing the applicant
According to the driveway agreement, the Khans should be entitled to the
additional building right on Outlot A. Mr. Tiller argues that it is unreasonable
to interpret the agreement as referring to building permits on old properties
and the existing house. Mr. Tiller also cited a memo from City Planner
Sherman, which indicated there was an additional building right on the
property. Mr. Tiller feels that this memo should be enforceable regardless if
former Planner Sherman was incorrect. The City should allow the additional
building right because it is fair to the Baumeister family, would not set
precedence, and would honor the driveway agreement. There is further
confusion because the driveway agreement in the plat file is not the agreement
that was recorded at the County.
Public Comment
Carl Tessmer, Owner
Table Consideration until August
12, 2004
Baumeister Building Right Appeal
Public Comment
Jim Tiller, Attorney for applicant
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
7
Discussion was held regarding the use of outlots in plats and what purpose
they serve. Planner Lindahl pointed out that there are currently 9 lots on the
60 acre parcel, which is more than should have been allowed. Attorney
Carson advised that the land owners have a right to seek remedy through the
proper channel if they are not satisfied with the Council’s determination.
Council agreed by unanimous consensus to re-arrange the evening agenda to
allow the applicant and their attorney, Planner Lindahl and Attorney Carson to
discuss this issue privately to resolve the issue. The applicant, Attorney Tiller,
Attorney Carson, and Planner Lindahl exited to the City Office to meet in
conference regarding the application and return to the Council meeting to
discuss further after 20 minutes.
Unfinished Business
Maple Grove Correspondence – Water Supply
Engineer Vander Top provided an update on correspondence prepared for the
City of Maple Grove regarding water supply to the City of Corcoran. Council
suggested that a deadline be given regarding when conceptual agreement
could be in place. Council directed Engineer Vander Top to revise the letter,
send it to the City of Maple Grove and update the Council when a response is
received.
Computer Network Server
Administrator Vergin outlined the agreement for Phase I of the computer
network server installation. Staff is requesting authorization to enter into a
contract with JOTS Computer Services for Phase I of the project. There are no
ongoing monthly expenses associated with Phase I of the project.
MOTION by Thomas, seconded by Gageby, and carried unanimously to
authorize the agreement between the City of Corcoran and Johnny on the Spot
(JOTS) Computer Services for Phase I of the Computer Network Server
implementation project, and allow the City Administrator to sign said
agreement on behalf of the City.
Highway 55 Corridor Mapping
Administrator Vergin advised that the City is currently waiting for information
from Engineer Vander Top, which will be available in the next week. No
action taken.
New Business
Call Meeting of the Economic Development Authority
Mayor Guenthner called a meeting the City Economic Development Authority
(EDA) for August 12, 2004, during the regular City Council meeting, to
address the issuance of Lease Revenue Bonds for the Police Department
Facility Expansion Project.
2005 – 2006 Police Officer Union Contract Negotiations
Administrator Vergin advised that contract negotiations with the Police
Officer’s Union would be beginning shortly and questioned if the council
would
UUnfinished Business
Maple Grove Correspondence
Computer Network Server
Authorize Phase I Agreement with
JOTS Computer Services
Highway 55 Corridor Mapping
New Business
Call EDA Meeting
2005 – 06 Union Contract
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
8
Negotiations
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
9
would like a process similar to the 2003/04 negotiation. Former Councilor
Gmach assisted with the negotiation process. Council suggested that it would
be beneficial to have input regarding what is happening in the labor market
and possibly contract with a consultant for assistance. Council directed
Administrator Vergin to investigate costs associated with consultant services
and report back to the Council.
Crow River News Coverage
Councilor Lymangood advised that he had two concerns regarding coverage of
the City of Corcoran in the Crow River News. He stated that in a recent issue,
there was significant coverage regarding upcoming elections in the Cities’ of
Greenfield and Medina, but very little regarding Corcoran’s November
election. Council directed Administrator Vergin to discuss the need for more
extensive coverage for the Corcoran, and the Crow River News has been
designated as the City’s legal newspaper.
Councilor Lymangood also pointed out a recent article in the Crow River
News regarding a subdivision in the City of Medina being developed by
Charles Cudd, the same developer of the Summerhill plat being considered by
Corcoran later on the agenda. Of specific interest is the community
well/storage pond for irrigation systems in the development. Councilor
Lymangood questioned if Corcoran’s ordinance allowed for that type of
system in Corcoran.
Bob Liestikow, Charles Cudd, LLC, commented that the system was being
installed that way because they didn’t want the so that the development to does
not overburden Medina’s water system. Engineer Vander Top advised that he
would welcome additional information regarding this concept and how it
could be utilized in the City of Corcoran if appropriate. No action taken.
Planning Business (continued)
Mayers Variance for Accessory Building
Planner Lindahl addressed the Mayers Variance application. Mr. Mayers has
requested approval of five variances on a 2.5-acre farmstead, and a waiver
from the requirement to provide an electronic-style survey, citing a lack of
access to the technology. The Planning Commission reviewed this item on
July 1, 2004 and voted 5 – 1 to recommend denial of the request based on the
finding that the applicant failed to demonstrate a hardship. The Planning
Commission noted that Mr. Mayers owns the adjacent farm with his sister and
could consolidate the parcels, which would eliminate the need for the
variances. This issue is not unique to the property. The City has many small
farmsteads that have been divided from larger parcels.
Planner Lindahl identified three options as follows for the Council to consider:
1. Retain the existing ordinance language, which allows accessory buildings
based on lot size. This would require land owners to apply for variances
and show a hardship as defined by law.
Crow River News Coverage
Public Comment
Planning Business Continued
Mayers Variance Request
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
10
2. Consider allowing farm buildings as a principal use on land that is being
actively farmed. This would allow Mr. Mayers to construct this 3,200 -
square foot building on the vacant 70-acre farm field as a principal use.
3. Consider allowing replacement of accessory agriculture buildings that are
legal, non-conforming buildings by virtue of their size. Allow
replacement only on lots that are under the same ownership as adjacent
land that is actively farmed. While this would still require Mr. Mayers to
apply for variances, it would eliminate the need for the size variance and
the language could be drafted to address the material and sidewall height
issues as well.
Discussion was held regarding option 2, provided the building was used to
accommodate farm equipment that supports the land use. The construction of
the building could be contingent on the land use, which would require a
building to be removed if the use changed. Council also discussed the lack of a
clear hardship and the appropriate of a variance in this situation. Council also
questioned the applicant regarding the possibility of consolidating the two
parcels, or dividing the larger to consolidate a portion of it with Mr. Mayers'
farmstead so that the variance would not be necessary. Mr. Mayers
commented that he has not explored those possibilities.
Council directed staff to explore options 2 and 3 and requested that this be
addressed with the Planning Commission to gauge their flexibility in
addressing farming industries in similar situations. Suggested that this be
addressed with the Planning Commission in August, and then a Public Hearing
held in September regarding a modified ordinance. Council suggested that
Mr. Mayers could re-submit his planning application once the ordinance had
been modified and they would consider waiving the application fees
associated with his request, provided that the application was re-submitted
within 12 months.
MOTION by Bucher, seconded by Gageby, and carried unanimously, to adopt
Resolution #2004 – 57, denying variances for Ernie Mayers, on property
located at 21000 Larkin Road, based on the following findings:
1. There are no unique circumstances affecting this property that would
cause an undue hardship for the applicant.
2. There are no particular physical surroundings, shape or topographical
conditions of the specific parcel of land involved, which would create a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be carried
out.
3. The conditions upon which the variation is based are not unique to the
parcel of land for which the variance is sought. A number of other
properties in Corcoran have farmsteads that have been separated from the
existing farms, which would be subject to the same standards.
4. The applicant has provided no information to identify a hardship if these
requirements were required to be met.
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
provide a credit for the application
fees associated with this planning
Staff Direction
Adopt Resolution #2004 – 57 –
Denial of Variances
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
11
Waive Planning Application Fee on Re-submitted Application
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
12
application, if a new application regarding the proposed structure is submitted
within 12 months from the date of application denial of July 22, 2004.
Baumeister Building Right Appeal
Attorney Carson read aloud the following statement prepared with Planner
Lindahl.
The City does not feel that “building permits” automatically equals “building
rights.” The facts in the record are unclear. If the City had known there was a
house on Outlot A, different action may have been taken. The person who
prepares the document suffers from the ambiguity. If an additional lot is
allowed, this private driveway would serve five parcels, which seems to be the
intent. There appears to be no precedent to be concerned with, as the
possibility of a similar situation occurring elsewhere in the City is virtually
impossible. On the basis of equity, the Council could interpret the agreement
to include an additional building right. This would serve no injustice to the
City and would provide justice to the applicant.
Council directed staff to provide findings in support of this statement for
consideration at the Council meeting on August 12, 2004.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
table consideration of the request by Patricia and Sadot Khan for a building
rights appeal until August 12, 2004.
Mayor Guenthner called a recess at 9:10 p.m. and reconvened the meeting at
9:15 p.m.
Meadow Creek Estates Preliminary Plat and CUP
Planner Lindahl provided the following staff report. Jim Uzzell has requested
approval of an open space preservation plat on the 100-acre site located at the
northwest corner of Tessmer Road and County Road 19. The 100-acre parcel
has historically been utilized for residential and agricultural purposes. There
is a single-family home on the southeast portion of the site, which is to remain.
The applicant is requesting approval of a preliminary plat to create a 47.12-
acre lot for the existing home and an open space preservation plat on the
remaining 52.88 acres. The open space preservati on plat would include 11
new lots on 25 acres, and 25 acres of permanent open space as well as
approximately 5 acres dedicated to a new public street and road right -of-way.
The eastern 47.12 acres would be platted as Lot 12 and retained by the existing
landowner. All of the lots would comply with the 1.5-acre minimum lot
requirements. The development standards for the open space preservation plat
allows for a minimum contiguous buildable area of 1.5 acres with a 100-foot
minimum lot width requirement. The proposed lot sizes range from 1.52 acres
to 2.63 acres and meet the minimum lot width requirement.
Baumeister Building Right Appeal
(continued)
Table Consideration of Building
Right Appeal
Recess
Meadow Creek Estates Preliminary
Plat and CUP
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
13
The applicant is also requesting approval of an open space preservation plat.
The open space preservation plat allows the applicant to double the five
building rights on the western 52.88 acres to 10 building rights, because half
of the land (25 acres) would be preserved as permanent open space. In
addition, one additional building right is requested. The ordinance allows a 10
percent density bonus for preserving the natural features along the public
streets. The applicant is able to obtain one additional building right by
retaining the open space along Tessmer Road [(52.88/10) X 0.10 = .53 = 1
building right]. The 47.12-acre Lot 12 will have five building rights
remaining.
Open space preservation plats are conditional uses in the RR district and must
be 20 acres in size in order to be eligible for an open space preservation
development. A minimum of 50 percent of the eligible land for development
shall be dedicated as preserved open space protected by a conservation
easement or deed restrictions in favor of the City. Of that 50 percent, 25
percent shall be buildable area. Staff also noted that Park Dedication fees total
approximately $66,000 for this development.
Staff finds that the characteristics of the use are consistent with the
comprehensive plan and zoning ordinance. The establishment of the use will
enhance the general public welfare by permanently preserving open space. The
conditional use permit is consistent with the conditional use permit standards
outlined in Section 1070.020 of the ordinance. Both the Planning Commission
and Staff recommend approval of the conditional use permit based on the
findings presented at the public hearing on July 1, 2004.
Discussion was held regarding the assessment waiver for the possible future
improvement of Tessmer Road. The applicant commented that he didn’t feel
it was fair to assess the 11 property owners in the development for the brunt of
a future assessment since everyone benefits in the creation of open space.
Council also discussed adding a condition to the approval regarding a single
access point for future development to the north. It was unclear is this could be
a condition of the approval of this plat. Engineer Vander Top added this could
be addressed within the engineering standards when that parcel is platted by
the owner.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
adopt Resolution #2004 – 58a, approving the preliminary plat for James
Uzzell for “Meadow Creek Estates”, on property located at the NW corner of
Tessmer Road and County Road 19, as recommended by the Planning
Commission and Staff, with the following conditions; and direct staff to
ensure that when the property to the north owned by Carl Tessmer is
developed, there is only one access point:
1. A preliminary plat is approved to allow the creation of 12 lots and one
outlot, in accordance with the revised plans and application received by
the City on June 7, 2004, except as amended by this resolution.
Adopt Resolution #2004 – 58a,
approving Preliminary Plat with
conditions
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
14
2. Approval of the preliminary plat is contingent upon approval of the
conditional use permit.
3. The preliminary plat approval is valid for one year from the date of
approval.
4. Five building rights will remain on Lot 12.
5. A copy of the Homeowners Association Documents must be provided
which clearly defines the rights and responsibilities of the Homeowners
Association. The Homeowners Association shall be responsible for
maintenance of the common outlot. The outlot may be leased for
continued farming operations.
6. The open space shall be preserved in perpetuity. A conservation easement
over the permanent open space is required and may allow continued
farming of the site.
7. The park dedication shall be cash-in-lieu of dedication for 11 new lots and
shall be due prior to filing the final plat. The park dedication fee shall be
in accordance with the ordinance in place at the time of filing the final
plat.
8. A certified inspector must approve the existing septic system to ensure
compliance with Rule 7080 and City standards. The septic system on the
farm must be brought up to standard to include a primary and secondary
site.
9. The landowner shall comply with the Wetland Conservation Act and shall
receive Elm creek Watershed approval prior to final plat approval.
10. An assessment performed by MNRAM is required for plan review prior to
final plat approval to confirm wetland quality for the purposes of
establishing the wetland buffer.
11. A revised plan shall be submitted to identify wetland buffers, wetland
setbacks and wetland buffer monuments. A minimum 25-foot average
buffer and a 15-foot structure setback are required for medium quality
wetlands. Buffer monuments must be installed in compliance with section
1050.010. No impacts are allowed within the wetland buffer. The
wetland buffer must remain in the natural state, therefore, no farming is
allowed within the required wetland buffer.
12. A 75-foot septic setback from delineated wetlands is required.
13. The applicant must submit soil percolation tests and final septic system
designs prior issuance of building permits. A primary and secondary
septic site must be staked prior to beginning any construction on site.
14. A revised Resource Inventory Plan shall be submitted prior to final plat
approval to correct inconsistencies in the soil classifications.
15. All drainage and utility easements must be staked, surveyed and properly
recorded prior to beginning any work on site.
16. The applicant must comply with all conditions in the City Engineer’s
memo.
17. The applicant should reexamine the lot layout and septic locations to
ensure reasonable use of the parcels. The Commission noted particular
concerns on the location of the Lot 5 septic.
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
15
18. The septic sites must be individually fenced with steel posts and snow
fencing, which must be left in place until final grading and construction is
completed.
19. Prepare an open space preservation plan for how the open space will be
used or re-established when the site is no longer farmed.
20. Require the developer to sign an assessment waiver for the 11 new lots to
pay their share of future improvements to Tessmer Road. Final details of
the waiver and maximum costs will be reviewed with the developer, city
attorney and city staff prior to final plat approval.
MOTION by Bucher, seconded by Lymangood and carried unanimously to
adopt Resolution #2004 – 58b, approving a conditional use permit for James
Uzzell for “Meadow Creek Estates” on property located at the NW corner of
County Road 19 and Tessmer Road, as recommended by the Planning
Commission and Staff, with the following conditions:
1. The conditional use permit is approved in accordance with the plans
received by the City on May 10, 2004, and revisions received June 7,
2004, except as amended herein.
2. The developer must comply with all conditions of preliminary plat
approval.
3. A conditional use permit is approved to allow the open space preservation
plat with 11 lots and one outlot on 50 acres, based on the finding that the
use complies with all applicable conditional use permit standards and the
objectives of the open space preservation plats as outlined in the
Subdivision Ordinance. Specifically:
a. The development will permanently preserve open space.
b. Preserve large tracts of land for agriculture.
c. Preserve view sheds for scenic enjoyment and rural identity.
d. Provide for site development that maintains low visual impact,
particularly along arterial roadways and abutting properties.
1. In addition to the 10 building rights allowed through the open space
preservation plat program, one additional building right is granted because
the applicant is preserving open space adjacent to Tessmer Road, a public
street.
2. The developer must provide a permanent conservation easement over
Outlot A to preserve the open space in perpetuity. The easement
document shall be prepared for City review and approval prior to final plat
approval.
3. The applicant must provide homeowners association documents that
clearly define what activities and/or structures may be allowed in the
permanent open space and how the homeowners association will maintain
it.
4. Lot 12 shall be platted but is not part of this open space preservation
development. Five building rights will remain on Lot 12.
5. The development shall comply with all conditions of preliminary plat
approval.
Adopt Resolution #2004 – 58b,
Approving CUP with Conditions
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
16
Summerhill Preliminary Plat and CUP
Planner Lindahl provided the following staff report. The applicant is
requesting approval of a preliminary plat to create 15 single-family homes and
two outlots. The two outlots include 30.40-acres of open space, 19.38 acres of
which would be upland. All of the lots comply with the 1.5-acre minimum lot
requirements. The development standards for the open space preservation plat
allows for a minimum contiguous buildable area of 1.5 acres with a 100-foot
minimum lot width requirement. The proposed lot sizes range from 1.50 acres
to 1.93 buildable acres and meet the minimum lot width requirement. The
homes would comply with the setback requirements of the open space
preservation plat.
The applicant is also requesting approval of an open space preservation plat.
The open space preservation plat allows the applicant to double the six
building rights on the 58.49 acres to 12 building rights, because at least half of
the land (30.40 acres) would be preserved as permanent open space. In
addition, three additional building rights are requested.
The applicant is requesting density bonuses for providing public access to the
open space via a paved public trail, preserving view sheds along Mohawk
Drive, enhancing the existing wetland by establishing a wetland buffer with
native grass and wildflower buffers, establishing architectural standards and
landscape theme, and providing a gazebo at the project entrance for resident
use.
The applicant is proposing to pave Mohawk Drive from the city boundary on
the south to Horseshoe Trail on the north. The applicant will pay the entire
cost of the street-paving project, which allows the applicant to increase the
building rights to one unit per 10 acres.
The Parks Commission reviewed this item at their June 15th meeting and is
recommending several conditions as part of the plat approval, which are
outlined in the staff report. Park Dedication fees for this plat equal
approximately $90,000.
Staff finds that the characteristics of the use are consistent with the
comprehensive plan and zoning ordinance. The establishment of the use will
enhance the general public welfare by permanently preserving open space. The
conditional use permit is consistent with the conditional use permit standards
outlined in Section 1070.020 of the ordinance. The Planning Commission and
staff recommend approval of the plat and conditional use permit based on
these findings.
Discussion was held regarding the potential future improvement to Horseshoe
Trail. Council questioned if it would be addressed through an assessment
waiver similar to Meadow Creek Estates. Planner Lindahl advised that this
plat is different because the developer is completely upgrading Mohawk
Drive. The
Summerhill Preliminary Plat and
CUP
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
17
Cost associated with that improvement offsets any costs that could be assessed
through a waiver for Horseshoe Trail. Engineer Vander Top addressed the
potential to assess trunk charges to developers for road improvements,
however, this developer is paying a fair share to upgrade Mohawk Drive and
trunk charges would not be appropriate in this case because of that.
The following public comments were heard:
Bruce Workman – People use Chippewa Street to drive out of the area. They
want to use paved streets, not gravel.
Paul Heins, 21070 Horseshoe Trail – Mr. Heins feel that there will be a
considerable impact to traffic counts in the area. He questioned if the
developer had to pave all the way to Horseshoe Trail in order to get density
bonuses.
MOTION by Lymangood, seconded by Bucher, and carried unanimously to
adopt Resolution #2004 – 59a, approving the preliminary plat for Charles
Cudd LLC for “Summerhill” on property located at the SW corner of Mohawk
Drive and Horseshoe Trail, as recommended by the Planning Commission and
staff, with the following conditions:
1. A preliminary plat is approved to allow the creation of 15 lots and 2
outlots, in accordance with the revised plans and application received by
the City on June 7, 2004, except as amended by this resolution.
2. Approval of the preliminary plat is contingent upon approval of the
conditional use permit.
3. The preliminary plat approval is valid for one year from the date of
approval.
4. A copy of the Homeowners Association Documents must be provided
which clearly defines the rights and responsibilities of the Homeowners
Association. The revised HOA documents must be submitted for review
and approval by the City Attorney prior to final plat. The Homeowners
Association shall be responsible for maintenance of the common outlot.
5. The open space shall be preserved in perpetuity. A conservation easement
over the permanent open space is required to be submitted for review and
approval by the City Attorney prior to final plat.
6. The park dedication shall be cash-in-lieu of dedication for 15 new lots and
shall be due prior to filing the final plat. The park dedication fee shall be
in accordance with the ordinance in place at the time of filing the final
plat.
7. The plans shall be revised to provide a paved trail within a 20-foot
easement. The developer shall construct the trail and then dedicate the
trail and easement to the City. The HOA shall be responsible for mowing
the grass adjacent to the trail.
8. Density bonuses shall be granted for a trail connection through the site.
The applicant shall revise the plans to provide a bridge over the wetland to
connect the two trail sections. The revised plans shall be submitted for
Parks Commission review prior to final plat approval. The Parks
Commission will consider providing park dedication credit for the bridge
connection, not to exceed $10,000.
Public Comment
Bruce Workman
Paul Heins, 21070 Horseshoe Trail
Adopt Resolution #2004 – 59a
Preliminary Plat with conditions
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
18
9. The applicant shall provide additional right-of-way or trail easement on
Horseshoe Trail in order to accommodate the planned trail. A
recommendation will be provided by the City Engineer
10. The applicant must submit soil percolation tests and final septic system
designs prior issuance of building permits. A primary and secondary
septic site must be staked and fenced prior to beginning any construction
on site.
11. The septic sites must be individually fenced with steel posts and snow
fencing, which must be left in place until issuance of a Certificate of
Occupancy.
12. The well locations must be shown on the plans and staked.
13. The landowner shall comply with the Wetland Conservation Act and shall
receive Elm creek Watershed approval prior to final plat approval.
14. The 15-foot wetland structure setback must be shown on the plans.
15. Wetland buffers must be installed in compliance with ordinance
requirements.
16. A 75-foot septic setback from delineated wetlands is required.
17. All drainage and utility easements must be staked, surveyed and properly
recorded prior to beginning any work on site.
18. The applicant shall pave Mohawk Drive from the south municipal
boundary to Horseshoe Trail. The improvements shall be at the
developer’s expense and in compliance with City street standards.
19. A sign plan shall be submitted prior to final plat to ensure compliance
with sign standards.
20. The landscaping plan must provide 100 percent perennial native plants in
the wetland buffer. The applicant’s plan appears to comply with the
ordinance requirements, but additional information to confirm that the
Midwest Wildflower Mix and forbs are native is required.
21. The applicant must comply with all conditions in the City Engineer’s
memo.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
adopt Resolution #2004 – 59b, approving a conditional use permit for Charles
Cudd LLC for “Summerhill” on property located at the SW corner of Mohawk
Drive and Horseshoe Trail, as recommended by the Planning Commission and
Staff, with the following conditions:
1. The conditional use permit is approved in accordance with the plan
revisions received June 7, 2004, except as amended herein.
2. A conditional use permit is approved to allow the open space preservation
plat with 15 lots and 2 outlots on 58.49 acres, based on the finding that the
use complies with all applicable conditional use permit standards and the
objectives of the open space preservation plats as outlined in the
Subdivision Ordinance. Specifically:
a. The development will permanently preserve open space
b. Preserve natural habitat and vegetated corridors for the movement of
wildlife
Adopt Resolution #2004-59b –
CUP for Summerhill
Document 5.a.
August 12, 2004 Council Meeting
Prepared by Kary Tillmann, Clerk/Treasurer
CITY OF CORCORAN
CITY COUNCIL MEETING
JULY 22, 2004
19
c. Preserve view sheds for scenic enjoyment and rural identity
d. Provide for site development that maintains low visual impact,
particularly along arterial roadways and abutting properties
e. Create cohesive neighborhoods that establish local identity and
community interaction
f. Physically integrate neighborhoods and open spaces, in order to
maintain Corcoran’s identity and facility community interaction
g. Reduce the costs of construction and maintenance of public facilities,
infrastructure and services by paving Mohawk Drive from the
southern municipal boundary to Horseshoe Trail
1. In addition to the 12 building rights allowed through the open space
preservation plat program, 3 additional building rights are granted because
the applicant is:
• Providing public access to the open space via a paved public trail.
• Preserving view sheds along Mohawk Drive
• Enhancing the existing wetland by establishing a wetland buffer with
native grass and wildflower buffers
• Establishing architectural standards and landscape theme
• Providing a gazebo at the project entrance for resident use.
2. The developer must provide a permanent conservation easement over
Outlot A to preserve the open space in perpetuity. The easement
document shall be prepared for City review and approval prior to final plat
approval.
3. The applicant must provide homeowners association documents that
clearly define what activities and/or structures may be allowed in the
permanent open space and how the homeowners association will maintain
it.
4. The development shall comply with all conditions of preliminary plat
approval.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
table consideration of the remaining agenda items until a future meeting, due
to the lateness of the hour.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
adjourn the meeting at 10:22 p.m.
_______________________________
Kary Tillmann, City Clerk/Treasurer
Table Remaining Agenda Items
until August 12, 2004
Adjournment