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HomeMy WebLinkAbout2004-10-28 CouncilMinutes CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 1 The Corcoran City Council met on October 28, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk Tillmann, Police Chief Schutte, Attorney Carson, Planner Lindahl, and Engineer Vander Top. Mayor Guenthner called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval MOTION by Thomas, seconded by Bucher, and carried unanimously to approve the agenda with the following additions: • Ordinance Review Update – Staff • Letter to Hennepin County Sheriff’s Office – Guenthner • Medina Comp Plan Amendment Comment Letter • Remove Public Works Report Open Forum There were two requests from the public to speak during open forum. Paul Jacobs, 8020 Strehler Road, Corcoran – Regarding the HRUA lawsuit that was discussed by the Council at the last meeting. A continuation hearing has been scheduled for November 16, 2004. Since the case is not fully settled, he believes that the costs associated with the suit are not accurate. Loren Kohnen, 22755 Winchester Trail – Mr. Kohnen is a member of the Wastewater Commission and wished to advise the Council of what an asset Clerk Tillmann is to the Wastewater Commission. The Commission has enjoyed her participation over the past two and a half years, appreciates all she has done as a staff member for the WWC, and would like her to remain taking minutes for the Commission. Consent Agenda MOTION by Gageby, seconded by Bucher, and carried unanimously to approve the consent agenda, with the exception of item a., as follows: b. Approve payment of the October 14, 2004 Claims, #4711 - 4752, in the amount of $121,354.80, as presented. Consent Agenda Item 6.a. Discussion was held regarding Consent Agenda 6.a. Council Minutes of October 14, 2004. Councilor Lymangood suggested the following modification: Page 1, Paragraph 4, LMCIT Reports John Baker, Attorney, LMCIT, provided an update on two court cases questioning the authority of local governments to regulate ISTS. On September 28, 2004, the State of Minnesota Court of Appeals filed a decision affirming Carver County’s position. On October 1, 2004, Hennepin County District Court issued a summary judgment dismissing the suit in the matter of the Call to Order Roll Call Pledge of Allegiance Agenda Approval with Additions Open Forum Paul Jacobs, 8020 Strehler Road regarding legal action Loren Kohnen, 22755 Winchester Trail, regarding Clerk/Treasurer resignation Consent Agenda Consent Agenda Item 6.a. CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 2 Headwaters Rural Utility Association v. the City of Corcoran et. al. against the City of Corcoran and other defendants by the HRUA. MOTION by Lymangood, seconded by Thomas, and carried unanimously to approve consent agenda item 6.a. as follows: a. Approve the October 14, 2004 Regular Council Meeting Minutes as amended. Planning Commission Business Zoning Ordinance Amendments Ag Building Standards Planner Lindahl reported that at the September 16th joint Planning Commission/City Council workshop, staff was directed to prepare an ordinance amendment regarding agricultural standards. The Planning Commission held a public hearing on this item at their October 7th meeting. The Commission voted unanimously to recommend approval of the proposed amendment, which would exempt certain properties from permit fees, size limitations and architectural standards with exclusive agricultural use, and also allow agricultural buildings as a principal use under certain conditions. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Ordinance No. 204, including the clarification to items 2.K. and 2.L., as recommended by the Planning Commission and staff. Rural Commercial District Parking Standards Planner Lindahl reported that at the September 16th joint Planning Commission/City Council workshop, staff was directed to prepare an ordinance amendment allowing gravel parking areas in the CR (Rural Commercial) zoning district. The Planning Commission held a public hearing on this item at their October 7th meeting. The Commission voted 3-1 to recommend approval of the ordinance amendment with one modification, with Spaeth noting that he was not opposed to allowing gravel parking lots and would like to see them allowed in other areas as well. The Planning Commission recommended that the draft language be amended to allow gravel parking lots for seasonal businesses (defined as operational for less than 6 months) or at the City Council’s discretion. Several Commissioners noted that they preferred to have some time limit in the ordinance because it clearly defined the City’s expectations for landowners, staff and elected/appointed officials. Several residents spoke in favor of the proposed change. Discussion was held regarding Interim Use Permits. Council further clarified the length of time in months a business should be considered seasonal. Further discussion was held regarding having the Planning Commission further review the ordinance if gravel parking would be allowed as the standard in the entire Approve Consent Agenda Item 6.a. Planning Commission Business Zoning Ordinance Amendments Ag Building Standards Adopt Ordinance No. 204 Rural Commercial District Parking Standards CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 3 district. The following revisions were recommended: B. Gravel Parking Lots. Gravel parking lots shall be prohibited in all areas of the City except in the Rural Commercial (CR) zoning district. Gravel parking lots may be provided in the CR district, with an Interim Use Permit, if all of the following standards are met: 5. The commercial development requiring the parking is seasonal in nature (operates 6 9 months or less per calendar year). Gravel parking lots may be allowed for seasonal businesses that operate more than 6 months a calendar year, at the City Council’s discretion. 6. The use is in compliance with Section 1070.0.0 (Interim Use Permit Standards) of this ordinance. MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Ordinance No. 205, as amended, and as recommended by the Planning Commission and staff. Setbacks in Ag District Planner Lindahl reported that at the September 16th joint Planning Commission/City Council workshop, staff was directed to prepare an ordinance reducing the required front yard setback in the Agriculture District from 100 feet to 60 feet. The Planning Commission held a public hearing on this proposed amendment at their October 7th meeting. The Commission voted unanimously to recommend approval of the proposed changes. There were two residents present to speak on this item. The Zoning Ordinance currently requires a 100-foot front yard setback in the Agriculture Zoning District. This district is intended to provide a holding zone within the MUSA (Metropolitan Urban Service Area) until municipal sewer and water are available and development is proposed. The 20-acre minimum lot size is intended to preserve large parcels of land for future development. As part of the public process to prepare the Zoning Ordinance, the implementation team recommended a 100-foot setback. The 100-foot setback would not be out of character with the 20-acre lot size required in this district, but does create an issue for those smaller existing lots. It is difficult for landowners with vacant 2.5-acre lots to meet this 100-foot setback. Staff notes that the Rural Residential (RR) district requires a 60-foot setback on non-arterial streets. A 60-foot setback was also the standard in the old Zoning Ordinance. MOTION by Gageby, seconded by Thomas, and carried unanimously to adopt Ordinance No. 206, as amended, and as recommended by the Planning Commission and staff. Adopt Ordinance No. 205 Setbacks in Ag District Adopt Ordinance No. 206 CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 4 Landscaping Setback Flexibility Planner Lindahl reported that the Planning Commission held a public hearing on this item at their October 7th and voted 3-1 to recommend approval with a few modifications. They are recommending that the language for the reduced setback requirements be the same for building and parking setback flexibility. The Planning Commission spent time discussing whether or not berms met the intent of the landscaping flexibility section. While the Commission felt that well-designed berms might be appropriate in some circumstances, they did not want to imply that berms were required. The current draft makes the landscape standards consistent for both building and parking flexibility and deletes language related to berms. While berms will be permitted at the landowners discretion, it was felt that a berm was not a substitute for landscaping and/or green space. The draft ordinance has been revised as recommended by the Commission. There were several residents present who spoke in favor of the proposed amendment. The Zoning Ordinance currently allows landowners to reduce the required 100-foot front yard building setback to 60 feet and reduce the parking setback to the required setback from non-arterial streets, if additional landscaping is provided. The City Council and Planning Commission noted that the setback flexibility along arterial streets should also be granted when existing vegetation is preserved. Staff concurs. Existing trees are more likely to be established and will often be larger in size than the minimum planting requirements of the ordinance. This will encourage landowners to preserve this area in a more natural state, which is consistent with the intent of the 100- foot setback. This larger setback was created to preserve green corridors along the arterial streets to help retain the rural character of Corcoran. MOTION by Lymangood, seconded by Thomas, and carried unanimously to adopt Ordinance No. 207, as presented, and as recommended by the Planning Commission and staff. Transitional Zoning District Planner Lindahl provided the following overview of this discussion item. The Rural Commercial zoning district is generally located in the Burschville area and is planned for rural commercial/service uses. During the final stages of the 4-year implementation process, the City received a request from the owners of the three residential properties on the north side of the district (south of CR 30) to be excluded from the district. The City Council noted that there are several properties throughout the community that, while once zoned rural residential, have now been planned for commercial. One consequence of allowing additional land for future commercial and industrial development is that some existing homes become legal, non-conforming uses. The City Council discussed the unique characteristics of the CR district, including the three county roads within the district, which have limited access, and the power line through the area. After much discussion, the City Council reaffirmed the district boundaries, citing the importance of the potential Landscaping Setback Flexibility Adopt Ordinance No. 207 Transitional Zoning District CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 5 access to CR 30 and a desire to retain a CR district area large enough to support the planned uses. However, the residents of the three residential properties on County Road 30 requested that they be granted a special exemption that would allow them to rebuild their legal non-conforming homes if they were to be damaged. The City Attorney prepared a letter to that effect that would be available to these three property owners at their request. This letter was not offered to other properties in the community. Staff notes that legal, non-conforming uses are typically encouraged to redevelop consistent with the adopted zoning if changes to the site occur, however, no changes are required. Existing, legal, non-conforming uses can continue indefinitely. Staff has no information to suggest that, since adoption of the Comprehensive Plan in 2002 and the Zoning Map in March 2004, changes have occurred to warrant adjustments to the district boundaries, except that Hennepin County has begun moving forward with acquisition of properties for County Road 19 improvements. At the September 16th joint workshop, staff was directed to prepare a zoning ordinance text and map amendment for residential properties in the Rural Commercial/Service land use designation. The Planning Commission then held a public hearing on this item at their October 7th meeting, voting unanimously to recommend approval of the transitional Zoning District as drafted, but retain CR zoning for the Masica residence. There were several residents present to speak on this item. The Rural Commercial zoning district is generally known as Burschville and is planned to provide a mix of neighborhood commercial and rural industrial uses. Municipal sewer and water will not be provided in this area. There are a number of residential properties located within this district. According to the Hennepin County tax information and a windshield survey conducted by staff, there are currently 16 residential homes in this district. The existing homes are legal non-conforming uses, which can stay and be maintained indefinitely. However, if the homes are destroyed, they cannot be rebuilt in the CR district. Only uses that are allowed in the CR district could be developed. This is the tool that cities have ensure that redevelopment occurs consistent with the Comprehensive Plan and Zoning Ordinance. However, the residents in this area have requested that they be allowed to continue the residential land use and the Planning Commission and City Council directed staff to prepare an ordinance for a transitional zoning district. A 60-foot setback would be consistent with other existing homes in the community while still preserving large lots in the Agriculture Zoning District. Staff finds that a 60-foot front yard setback on non-arterial streets is consistent with the intent of the ordinance and we recommend approval of the ordinance amendment. However, the 100-foot setback on arterial streets has been CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 6 retained. At the joint meeting, the Planning Commission and City Council reaffirmed the desire to retain green spaces on these key corridors to help preserve the unique rural character of Corcoran. The 100-foot setback applies to all properties adjacent to arterial streets, regardless of zoning. Councilor Gageby expressed concern that the Council was creating future problems by allowing a transitional zoning district. MOTION by Lymangood, seconded by Bucher, and carried unanimously to adopt Ordinance No. 208, as presented, and as recommended by the Planning Commission and staff. Baumeister Topography Waiver Planner Lindahl reported that the applicant has requested approval of a topography waiver from the preliminary plat requirements. He is proposing to plat the 16.7-acre parcel at 9625 Trail Haven Road to create one 14.3-acre lot and one 2.4-acre lot. Section 930.020, Subd. 6(B)2 allows the City Council to waive the topography requirements for lots greater than 3 acres. The applicant is requesting the waiver for the both parcels. The larger of the two remaining parcels is an existing farmstead. Similar topography waivers were granted to Harold Schmidt in 2003 and Robb Norling in 2004, to allow them to carve single lots out of the existing farmsteads. MOTION by Bucher, seconded by Thomas and carried unanimously to adopt Resolution #2004 – 88, approving a topography waiver for the platting of property at 9625 Trail Haven Road, as recommended by the Planning Commission and staff, based on the following findings: 1. The existing home will be on the 2.4-acre lot and the remaining 14.3 acres of the parcel will be for future construction of a single-family home. 2. A topographic survey may be required prior to issuance of a building permit if needed to ensure a buildable homesite. 3. The applicant must submit all other items as required for preliminary plat approval. 4. The existing use is consistent with the City’s Comprehensive Land Use Plan. 5. The use is generally consistent with the Zoning Ordinance and Subdivision Ordinance. 6. No other waivers or variances are granted. 7. By granting the topography waiver in no manner grants or implies approval of any plat. Masica Greenhouse CUP and Variance Mr. Masica has revised his submittal to request approval of only one variance (for a gravel parking lot), instead of the 4 variances originally requested. The applicant has revised the plans to eliminate: Adopt Ordinance No. 208 Baumeister Topography Waiver Adopt Resolution No. 2004 – 88 approving topography waiver Masica Greenhouse CUP and Variance CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 7 • the front yard building setback variance • the front yard parking setback variance • the side yard setback variance for the production greenhouse The conditional use permit to allow the commercial greenhouse as a second principal use was approved on August 26, 2004, but the site plan and variances were not approved. Those approvals were delayed pending some possible changes to the Zoning Ordinance. The City Council reviewed this item at their August 26th meeting and approved the conditional use permit but not the variances. There was significant discussion at this meeting about the variance standards and the Council found that the applicant did not meet the hardship standard. The Council determined that the applicant could reposition the greenhouses to meet the side yard setbacks and use landscaping flexibility to reduce and meet the required front yard setback. The applicant has since revised the plan to eliminate the setback variances; however, the parking surface variance remains. The following comments were heard from Roger Masica, 23405 County Road 30. Mr. Masica thanked the Council, Planning Commission and staff for all the work that has been done on his behalf. The process for this application has been lengthy and the Masicas appreciate the assistance, especially from Councilor Lymangood. Mr. Masica added that they would like to add permanent decorative fencing and a display garden in the 23 feet of the parking area, to prevent parking there. It would not be used as a sales area. Mr. Masica was advised that the landscaping plan for this area would be approved at a staff level. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Resolution #2004 – 89, approving a conditional use plan and site plan amendments as requested by Roger Masica, subject to the following findings and conditions: 1. The conditional use permit and site plan is approved in accordance with the revised plans received by the City on October 7, 2004, except as amended herein. 2. No variances are granted or implied. 3. Setback flexibility is allowed in accordance with Section 1060.070 of the Zoning Ordinance to allow a 60-foot front yard building setback and a 50- foot front yard parking setback. a. The applicant must submit a revised landscape plan to show compliance the landscaping requirements in Section 1060.070. b. The revised landscape plan must identify location, species and size of each plant as well as a summary of the total number of each species. c. The plan must clearly identify which trees are existing and which are to be planted. Public Comments Roger Masica, 23405 Cty Rd 30 Adopt Resolution #2004 – 89, approving CUP and Site Plan Amendments, with conditions CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 8 4. The restroom must be relocated to comply with the 60-foot front yard setback. The site plan must be revised accordingly. 5. Handicapped access must be provided to the restroom from the handicapped parking stalls and the commercial greenhouse. Plans clearly identifying this handicapped accessible route must be resubmitted for review by the City Planner and Building Official for compliance with City Code and ADA requirements. 6. The existing parking area within the 50-foot front yard setback must be removed and this area must be seeded, sodded or landscaped in a fashion to prevent any use of the space for parking. The plans shall be revised accordingly and resubmitted for City review and approval. 7. The applicant must comply with all conditions of approval in Resolution 2004-73. Mayor Guenthner called a recess at 8:42 p.m. and reconvened the meeting at 8:49 p.m. Ordinance Review Planner Lindahl reported that the ordinance review will be completed by December, 2004 and brought to the Council for consideration at that time. The review will address various topics, including setback requirements for septic systems and adult entertainment establishments, density bonuses in Open Space Preservation Plats, gravel parking areas in the Rural Commercial District. The public hearing before the Planning Commission will be held on December 2, with consideration by the Council on December 22, 2004. No action taken. Unfinished Business SW District Infrastructure Study Engineer Vander Top presented an overview of the TH 55 Infrastructure Report. The report included a comprehensive review of the existing sanitary sewer and water supply infrastructure in the TH 55 corridor and area. Options for the entire region including Medina and Loretto are included in the report. Engineer Vander Top recommended that the report be reviewed with Medina and Loretta in a workshop setting, including representation from the Metropolitan Council. Council directed staff to submit a copy of the report to the City of Loretto and schedule a meeting between Mayor Guenthner, Administrator Vergin, Engineer Vander Top and Loretto staff and Mayor Torve. It was also suggested that a workshop with affected landowners be scheduled for early 2005. Council requested an update on scheduling at the next meeting. Temporary Signage v. Home Occupation Signage Brief discussion was held regarding temporary signage for licensed Home Occupations. Council agreed by unanimous consensus to consider allowing certain “seasonal” or “boutique” types of Home Occupations to use temporary signage, depending on the frequency of operation. This would also require Recess Ordinance Review Unfinished Business SW District Infrastructure Study Temporary Signage for Home Occupations CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 9 additional language to the definition of temporary sign in the sign ordinance. Staff was directed to draft a revision for consider with other ordinance updates in December. HRUA Activities and Associated Costs Councilor Lymangood requested that this item be placed on the meeting agenda for further discussion. He suggested that the District Court ruling be shared with the Wastewater Commission, if they have not already received a copy, and that this document also be made available through the City’s website. Discussion was held regarding sharing the experiences of Corcoran, Greenfield and Carver County with the League of Minnesota Cities, and confirming the relationship between HRUA and the University of Minnesota. Letter to Hennepin County Sheriff McGowan Council reviewed a draft letter to Sheriff McGowan regarding law enforcement coverage within the City of Corcoran. A minor modification was made, and Council agreed by unanimous consensus to direct staff to send the letter as amended. New Business There was no new business for consideration. Council and Staff Reports Police Department Report Police Chief Schutte reported that 8 candidates for the Police Officer position had been chosen for oral interviews, which will be held on Thursday, November 4, 2004. Council confirmed authorization given at the October 21, 2004 Budget Workshop to hire one part-time officer at this time to help the Police Department achieve 70% coverage, at a cost not to exceed $25 per hour. It was noted that this rate is more than $10 less than the rate identified by Hennepin County in their contract proposal. Chief Schutte also reported that an open house was held at Maple Hills Estates on October 13, 2004. The response from residents was very good and progress is being made towards reducing the number of police calls from Maple Hill Estates. Parks and Trails Commission Council reviewed the minutes of the October 19, 2004 Parks and Trails Commission meeting. No action taken. Stonebridge Wireless Broadband Administrator Vergin reported that Stonebridge Wireless Broadband has decided not to deploy from Corcoran’s tower at this time. They have provided the City with a free wireless connection and requested that the City notify them if approached by another vendor wanting to deploy from Corcoran’s tower. Medina Comp Plan Amendment Letter to Met Council Administrator Vergin reported that the letter to the Met Council concerning the HRUA Activities and Associated Costs Letter to Hennepin County Sheriff New Business Council and Staff Reports Police Department Parks and Trails Commission Stonebridge Wireless Broadband Medina Comp Plan Amendment CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 28, 2004 10 City of Medina’s Comp Plan Amendment had been sent. As of yet, no formal response has been received. The Met Council was reviewed Medina’s application on October 27, 2004. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 10:28 p.m. _____________________________ Susan Vergin, City Administrator /Acting City Clerk Adjournment