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HomeMy WebLinkAbout2004-12-21 Council MinutesDocument No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 1 The Corcoran City Council met on December 21, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Planner Lindahl, Engineer Vander Top, Police Chief Schutte, and Public Works Director Meister. Mayor Guenthner called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the agenda as presented. Open Forum There were no requests from the public to speak during open forum. Introductions Chief Schutte introduced three part-time Police Officers, Dave Eidsmoe, Eric Anderley, and Joe Zerwas to the City Council. These officers have been hired in efforts to achieve and maintain at lease an 80% coverage in the City of Corcoran Full-time Police Officer Josh Guck was introduced. Officer Guck will begin working for the City on January 3, 2005. He was sworn in by Mayor Guenthner. Presentations Mayor Guenthner expressed his appreciation to outgoing Councilor Gageby for his years of service on the City Council, noting that Councilor Gageby has served the city well with his experience in law enforcement and project management. His demeanor and sense of humor were always appreciated at Council meetings. Mayor Guenthner then acknowledged the contributions of outgoing Councilor Bucher, noting that he has served the City on various Commissions and the Council for over 20 years. Mayor Guenthner also noted the discipline that Councilor Bucher added to the budgeting process, adding that his contributions have helped the City greatly improve its fiscal responsibility. Both were presented with plaques acknowledging their service to the City. Acting Mayor Lymangood then acknowledged the service of outgoing Mayor Guenthner for the past 8 years. He served on the Council for 2 years before being elected as Mayor 6 years ago. Mayor Guenthner has brought a unique perspective and style to the City, and is extremely dedicated to the responsibilities of Mayor and ensuring that all voices, even those that held different viewpoints, were heard. He was then presented with a plaque acknowledging his service and dedication. Mayor Guenthner told the audience that his tenure has been an extremely rewarding and challenging experience. He encouraged citizens to continue their participation and dedication in City business and added that he looked forward to staying involved as well. Mayor Guenther acknowledged the support of his family, wife Kathy and sons George and Guy. Also introduced were Councilor Gageby’s wife Marcia, and Councilor Bucher’s wife Mary Ann. Call to Order Roll Call Pledge of Allegiance Approval of Agenda Open Forum New Police Officers Out Going Elected Officials Councilor Gageby Councilor Bucher Mayor Guenthner Consent Agenda MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve the Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 2 consent agenda with the exception of item 6.c. Claims, as follows: a. Approve the December 6, 2004 Truth in Taxation Meeting Minutes as presented. b. Approve the December 9, 2004 Regular Council Meeting Minutes as presented. d. Adopt Resolution No. 2004 – 96, approving the Lawful Gambling Application submitted by the United Foundation for Disabled Archers for a raffle to be held on April 2, 2005 at Country Pizza. e. Adopt the following regarding the Land Use Guide Plan Amendment and Rezoning to Business Park for the Tomann property located at 22600 State Highway 55, as recommended by the Planning Commission and staff: • Resolution No. 2004 - 97, approving a comprehensive Plan Amendment for property located at 22600 State Highway 55, subject to conditions and based on the findings of fact identified in the resolution and on file with the City Clerk’s Office • Resolution No. 2004 - 98, approving the findings of fact for rezoning for property located at 22600 State Highway 55, on file with the City Clerk’s Office • Ordinance No. 210, amending Title X (Zoning Ordinance) of the City Code to classify certain land located at 22600 State Highway 55, effective upon passage. f. Adopt revised Resolution No. 2004 - 89, amending condition number 6 of the CUP and Site Plan Amendments for Roger Masica for a retail/wholesale greenhouse on property located at 23405 County Road 30. Consent Agenda Item 6.c. Discussion was held regarding Consent Agenda Item 6.c. Claims. Councilor Bucher questioned the purchased of an arc wrench for the Public Works Department. Public Works Director Meister responded that it is an impact wrench that will be used for taking tires off trucks. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve consent agenda item 6.c. as follows: c. Approve the December 21, 2004 claims, #4896 - 4972, in the amount of $297,283.14, as presented. Appointment of City Clerk/Treasurer Administrator Vergin introduced Bea Lindberg, who has been hired as the Clerk/Treasurer. Ms. Lindberg’s first day of employment with the City will be Monday, January 3, 2005. Adoption of 2005 Budget and Levy MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution No. 2004 - 99, adopting the final 2005 Budge and Tax Levy, as presented. Consent Agenda Approved City Clerk/Treasurer Appointed 2005 Budget & Levy Adopted Planning Commission Business Rains Sketch Plan Planner Lindahl provided an overview of this application request. At this time, the applicant is requesting preliminary Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 3 comments regarding the proposed single family residential development that will consist of 10 lots on 101 acres. These comments are advisory only and shall not constitute a binding decision by the Council on this request. The development would have access onto Cain Road, south of Hidden Ponds Drive. The applicant intends to pave a portion of Cain Road in order to maximize the building rights on the property. The property is zoned Rural Residential and guided Rural/Ag Residential, with all of the surrounding properties zoned the same. The property is currently vacant and located entirely within a natural resource corridor as identified by the City’s Natural Resource Inventory Areas Map. The site contains a very large wetland which covers most of the site. Rush Creek generally runs north and south through this wetland. The site also contains a significant amount of trees which are located mostly in the wetland area. The sketch plan shows a minimum lot size of 2.5 acres for all lots, which meets the minimum requirements in the Rural Residential District. All proposed lots also meet the required minimum width and depth. The applicant is proposing a T-shaped road that ends in two cul-de-sacs. The road will be a public roadway with 50 feet of right-of-way. For lots 1 through 9, the development is proposing to access Cain Road just slightly south of Hidden Ponds Drive. The sketch plan does not show how Lot 10 will be accessed. Access for this lot should be provided off Cain Road and not County Road 30. The Parks and Trails Commission reviewed this plan at their November 16th meeting and considered placement options for the off-road trail, given the limitations of the wetland and shore land areas. The commission recommended that the off road trail be located in the wetland buffer in the back yards and across the site to the south, and considered the appropriate location for the future on-road trail, recommending it be provided on the east side of Cain Road. The Commission also discussed alternative materials for the off-road trail, instead of pavement. No information has been supplied to the applicant regarding alternative materials, as of yet. The Planning Commission reviewed this sketch plan on December 2, 2004. The Planning Commission recommended that Lots 1 and 9 be reconfigured so that they are not flag lots. The Planning Commission also discussed the location of the trail and had different opinions about whether the trail should be located on the street or adjacent to the wetland in the back yards. The Commissioners agreed to defer the trail issue to the judgment of the Parks and Trails Commission and the City Council. The applicant, Chris Rains, was present, and advised the Council that some consideration has been given to reconfiguring Lots 1 and 9, but he runs into Rains Sketch Plan difficulty with 200 of front footage. He would prefer not to put the trail in the back by the wetlands, and instead wants to place the trail along the street. Planner Lindahl reported that the trail could be constructed within the wetland Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 4 buffer if the developer chose to do that. Discussion pursued relative to the timing of the application. The Council questioned if the applicant would prefer to have this review extended into January. Planner Lindahl advised that it was up to the applicant, but that a January review could be scheduled. Mr. Rains stated that he was agreeable to voluntarily extending this review process to the January 20, 2005 City Council meeting. Tessmer/Kalk Sketch Plan Planner Lindahl provided an overview of this application request. At this time, the applicant is requesting preliminary comments regarding the proposed Open Space Preservation Plat located at 10435 County Road 19, that will consist of 15 residential lots and 4 outlots, preserving approximately 30 acres of open space. Again these comments are advisory only and shall not constitute a binding decision by the Council on this request. The subject properties are zoned Rural Residential and are guided Rural/Ag Residential. The proposed development is located directly north of the Meadow Creek Estates development, approved by the City earlier this year. Access to the proposed development would be from the newly constructed Meadow Creek Drive. An open space preservation plat would allow the developer to double the 6 existing building rights to 12 because at least half of the site’s 54 acres will be preserved as permanent open space. In addition, 3 additional building rights are requested because the applicant claims the development is providing public access to the open space, preserving view sheds/open areas along the public street, preserving natural resources, and providing architectural covenants and standards. The Planning Commission reviewed this sketch plan at the December 2, 2004 meeting, noting that three new access points onto Meadow Creek Drive was not desirable, suggesting that the Developer eliminate the easternmost access and create a long cul-de-sac. The Commission also noted that they would like to see the trail loop, but were divided on whether the trail should be in the open space or in the street. The Planning Commission Chair also noted that some of the septic locations may not work, and further analysis should be completed by the Developer prior to submittal of the preliminary plat and conditional use permit. The Parks and Trails Commission reviewed the sketch plan on December 14, 2004, and is suggesting that the trail not cross County Road 19 at Oakdale Drive, but further south. Charlie Melcher, Quality Site Design, was present on behalf of the applicant, and added that the developer intended for the trail to loop internally through the Development through outlots A and B, and along Meadow Creek Drive. Discussion was held regarding requiring additional right of way along County Road 19, and how the existing property would be serviced by the new cul-de-sac if access onto County Road 19 is no longer allowed. Tessmer/Kalk Sketch Plan Planner Lindahl stated that the cul- de-sac would be constructed so as provided access to the existing house Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 5 McStott Escrow Appeal Dave and Judy McStott, 8040 Ridge Court, were present to address the Council regarding the escrow account for their variance application. Planner Lindahl reported that earlier this year, the McStott‘s applied for a variance for their new home because they could not meet the front setback requirement of 100 feet. They were advised of their options and chose to proceed with the variance. During the process, the ordinance was proposed to be amended to allow for a 60 foot front setback instead of the 100 feet. Planner Lindahl further stated that the McStott’s imply that she acted unprofessionally in her dealings with them, which she disputes. The McStott’s added that they feel the fees they were charged for their variance request were extreme and they were anticipating a refund of some of the escrow money, but instead received another bill because there was a deficit balance in their escrow account. The McStott’s questioned why they were not informed sooner that additional escrow monies were required of them? They also questioned why they had to sign a waiver saying that they would not protest a sewer project when it comes to the area. They also asked about being annexed into Maple Grove and were told that it would not happen. Regarding the annexation, Mayor Guenthner stated that the Council made a decision earlier in the year to no longer allow properties in Appaloosa Woods to annex to Maple Grove, because it was done piece-meal and was causing many difficulties because of the way it was done. At that time, properties were allowed to annex to Maple Grove because their septic systems were failing and they needed alternatives to traditional well and septic. Staff does not make these decisions, but carries out the Council’s wishes, so it was not Planner Lindahl who was denying the annexation request. The City of Maple Grove will no longer allow annexation as well. Engineer Vander Top stated that the waiver regarding a sewer project was standard, and that it was in regard to a sewer project, but not the valuation or the amount. It is placed in the address file and acts as an acknowledgement that it was discussed with the homeowner. Engineer Vander Top further stated that this was a condition of the variance approval by the Council. Councilor Thomas added that the Council began looking at changing the setbacks back to 60 feet from 100 feet because the City of Maple Grove has a 60 foot setback requirement. There were inconsistencies in the neighborhood because the Corcoran properties had a 100 foot setback for the properties in Appaloosa Woods. The change brought consistency to the requirements for all the homes in Appaloosa Woods. Councilor Lymangood added that the McStott’s could have waited until the annual ordinance updates were completed at this meeting, but their desire was to construct their home this year. The escrow funds pay for staff time for specific applications. These costs are explained to the applicant when the application is submitted. Council questioned the accuracy of the fees charged to the McStott’s for their application. Administrator Vergin stated that both she and Planner Lindahl reviewed the invoices independently and concur that it is accurate. Councilor Bucher suggested that the application be amended to include that escrow fees McStott Escrow Appeal will not exceed a certain amount, and if they do, then applicant approval would be required before proceeding any further with an Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 6 application. Mayor Guenthner stated that it would not be appropriate to make any accommodation to the McStott’s because those costs would then be borne by the rest of Corcoran’s taxpayers, which is not fair. Billing is also challenging because the contracted services bill the City at the end of the month, so if a large expense is incurred at the beginning of a project, it may not get billed for some time. Planner Lindahl added that she spent considerable time explaining the fee schedule and process to the applicant, and even delegated some administrative to other staff to keep the expense down. The McStott’s further stated that they moved forward with the construction of their home because they were unsure if or when the setbacks would be changed back. No action on this matter was taken by the Council. Annual Zoning Ordinance Update Planner Lindahl provided an overview of the request. When the new Subdivision and Zoning Ordinance were adopted in March, 2004, staff noted that annual updates should be conducted to keep the ordinance current. This first annual update is both technical and substantive in nature, with technical changes including typographical errors and minor changes to clarify a regulation. Substantive changes include changing or adding a regulation. There are 40 changes amongst the Subdivision Ordinance, Zoning Ordinance and City Code. Some of the more noteworthy changes include: y Subdivision Ordinance - An amendment to the Open Space Preservation plat density bonus calculation to allow up to a 10 percent density bonus if the developer dedicates the open space as a public park. y Zoning Ordinance - Flood Related Definitions were moved out of Section 1050.030 (Floodplain Overlay District) and into Section 1020.020 (Definitions). Staff is also recommending language to allow one sign, up to 10 square feet in area, for home occupations that have a seasonal retail component, when approved by the City as part of a CHOL. The Planning Commission recommended not allowing this change regarding Home Occupation signs. y City Code - A proposed change to the Adult Entertainment Section would include such businesses from locating within 1000 feet of a church, school, or daycare. Staff is also recommending that Council table consideration of an amendment to Chapter 50 of the City Code pertaining to ISTS, due to a need to clarify some of the language. MOTION by Gageby, seconded by Bucher, to adopt Ordinance No. 211, amending the text of the Chapter X of the Corcoran City Code entitled the Corcoran Zoning Ordinance, as recommended by the Planning Commission and staff. Annual Zoning Ordinance Update The motion was amended as follows: MOTION by Thomas, seconded by Bucher, and carried unanimously to amend the language in Section 1030.100, Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 7 Conditional Home Occupation signage to refer to section 84.04 of the City Code regulating temporary signs. . The original motion was then carried unanimously. MOTION by Thomas, seconded by Lymangood, and carried unanimously to adopt Ordinance No. 212, amending the text of Chapter IX of the Corcoran City Code entitled the Corcoran Subdivision Ordinance, as recommended by the Planning Commission and staff.. Discussion was held regarding Chapter 50 of the Corcoran City Code, pertaining to Individual Septic Treatment Systems. Wastewater Commission Cossette stated that the section relating to the addition of bedrooms is confusing and require more scrutiny. MOTION by Lymangood, seconded by Thomas, and carried unanimously to table consideration of an amendment to Chapter 50 of the Corcoran City Code until January 13, 2005. MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt Ordinance No. 213, amending the Corcoran City Code, as recommended by the Planning Commission and staff, except for Chapter 50, as tabled by earlier motion. MOTION by Thomas, seconded by Lymangood, and carried unanimously to adopt Ordinance No. 214, summary ordinance of Zoning, Subdivision, and City Code amendments, as modified. December 16, 2004 Planning Commission Meeting Brief discussion was held regarding the December 16, 2004 Planning Commission Meeting. Mayor Guenthner reminded the audience that a special Council meeting would be held on December 29, 2004, to review the Hedgestone Development, which was discussed by the Planning Commission on December 16. The Council meeting would not be a public hearing, so public comment may not be taken, unless it will further enhance the discussion at hand. Administrator Vergin added that minutes from the Planning Commission meeting were being reviewed and would be available by Thursday. Unfinished Business Comprehensive Sanitary Sewer Tier II Plan Engineer Vander Top was present to review the Comprehensive Sanitary Sewer Tier II Plan. The plan is still in draft form and will be reviewed by the Met Council in the near future. The Tier I plan is included in the City’s Comprehensive Plan. The Tier II plan is similar, but more detailed and includes specific information required by the Met Council. Most notably, the developable acreage in Corcoran is more accurate than what was identified in the Comprehensive Plan. Engineer Vander Top added that the number in the 12/16/04 Planning Com. Mtg. Comprehensive Sanitary Sewer Tier II Plan Tier II plan is actually higher, which will require the City to develop a procedure to ensure the right numbers are being used when completing calculations. Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 8 Council discussed various aspects of the plan, and requested that staff update figure 4 to identify more accurately where existing residential properties are located. MOTION by Lymangood, seconded by Thomas and carried unanimously to accept the Comprehensive Sanitary Sewer Tier II Plan as presented, direct staff to send the report to the Met Council for review, with a reference regarding Chapter 50 of the City Code which will be amended in January, and direct staff to update figure 4 to accurately reflect the number of existing residential properties in Corcoran. Water Services with Loretto and Maple Grove Engineer Vander Top provided an update on discussions with the cities of Maple Grove and Loretto regarding purchasing water for Corcoran. A sample agreement for the purchase of water from the City of Maple Grove was included in the packet for review. Engineer Vander Top outlined different options available to the City including the wholesale purchase of water and the creation of water utility. The benefits, consequences, and potential costs of each were discussed at great length. Staff will continue to evaluate the minimum system requirements and billing and financial needs, as well as review the City of Maple Grove water system ordinance and determine user rates. A water supply plan for Corcoran will need to be established. Administrator Vergin reported that she met with the Mayor Kent Torve of the City of Loretto on December 17. They are currently trying to correct a radium problem in one of their wells and have received permission from the DNR to lift the limits on the Mount Simon well. Plans have been completed for a new 200,000 gallon water tower, and Loretto will be putting the project out for bid shortly. They anticipate starting construction in early Spring 2005 at a cost of approximately $500,000. They are willing to sell water at wholesale to Corcoran until we determine our needs. Engineer Vander Top added that to adequately supply water to southwestern Corcoran, we would need to construct a water tower that would accommodate about 750,000 gallons. A meeting with property owners in the district is scheduled for January 6, 2005 to address the AUAR. Council suggested that this information also be shared with those property owners. New Business North West Trails Association Right of Way for Snowmobile Trail Chief Schutte reported that he had been approached by the North West Trails Association regarding the use of City right of way for their snowmobile trail. They have recently been advised that the current trail route south of Meister Road through the Schendel property is no longer available. The Association Approval of Comprehensive Sanitary Sewer Tier II Plan – Forward to Met Council Water Services with Loretto and Maple Grove North West Trails Association Right of Way for Snowmobile Trail would like to realign the trail across County Road 116 north of City Hall towards the firing range and run it southerly behind the pond. The Council then discussed limiting the number of times riders would need to cross County Road Document No. 5.a. December 29, 2004 Agenda CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 21, 2004 9 116; agreeing that the crossing near St. Thomas Church should be eliminated. . MOTION by Lymangood, seconded by Thomas, and approved unanimously to authorize the Snowmobile Trail Permit, granting right of way for the North West Trails Association through the City’s property. Council and Staff Reports Police Department Chief Schutte thanked the Council for their support of the Police Department Facility Expansion. An open house will be held in the spring. The Police Department has received a $1000 grant from the State of Minnesota for snowmobile enforcement. Code Enforcement The fourth quarter Code Enforcement Report was accepted as presented. Waste Water Commission Councilor Lymangood reported that the Wastewater Commission discussed revisions to Chapter 50 (ISTS) of the City Code, as reported earlier in the meeting. They also discussed how to address enforcement action against contractors that repeatedly violate City Code. I & I was also discussed and will continue to be a topic for discussion, specifically foundation drains for new houses in sewered areas. Parks and Trails Commission Councilor Bucher reported that the Parks and Trails Commission reviewed the Rains and Tessmer/Kalk sketch plans and the Hedgestone Development. Also briefly discussed grant opportunities. Grants for Park and Recreation Administrator Vergin reported that several grant opportunities for park and recreation have been brought to the City’s attention and formal action will be requested from the Council at a later date. MOTION by Guenthner, seconded by Lymangood and carried unanimously to adjourn the meeting at 10:43 p.m. Respectfully submitted, Kary Tillmann ________________________________________ Susan Vergin, CMC City Administrator Reports Adjournment