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HomeMy WebLinkAbout2003-06-26 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 1 The Corcoran City Council met in regular session on June 26, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Clerk/Treasurer Tillmann, Attorney Carson, Engineer Vander Top, Planner Jansson, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the agenda with the following additions: • Update on structure moved onto Clemons property – Chief Schutte • Storm damage from June 24, 2003 severe weather • Rolling Hills Road Septic Compliance – Thomas • Rush Creek Blvd Drainage Issues – Engineer Vander Top Open Forum There were no requests from the public to speak during open forum. Consent Agenda MOTION by Bucher, seconded by Lymangood, and carried unanimously to approve the consent agenda with the exception of item 5.c., as follows: 5.a. Approve the Regular Council meeting minutes of June 12, 2003, as presented. 5.b. Approve the payment of claims #1487 – 1530, in the amount of $117,274.90, as presented. 5.d. Adopt Resolution #2003 – 40, authorizing the Corcoran Police Department to enter into a grant agreement with the Minnesota Department of Public Safety for the Safe and Sober Communities project, for the period of October 1, 2003 through September 30, 2004; and authorize the Police Chief to execute any and all associated agreements to implement the project, with the Orono Police Department acting as the fiscal agent. 5.e. Approve the Special Council meeting minutes of May 28, 2003, for the Joint Meeting with the City of Maple Grove, as presented. 5.f. Approve the Special Council meeting minutes of May 29, 2003, for the Joint Meeting with the City of Medina, as presented. Discussion was held regarding Item 5.c. of the consent agenda. Councilor Thomas expressed concern that the intended use of the property (wholesale nursery) is not appropriate for the current zoning of the property. It was suggested that staff have that discussion with the applicant (Grove Nursery). Council was reminded that the application being considered was for the land division/consolidation, not the nursery operation. Attorney Carson advised that if the nursery operation was deemed to be commercial in nature, it may not be allowed in the R-1 district. MOTION by Thomas, seconded by Lymangood, to direct staff to draft an amendment to the Zoning code regarding restricting the operation of a commercial greenhouse in the R-1 district. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Colebank Land Division Draft Zoning Ordinane Amendment CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 2 Councilor Lymangood offered a friendly amendment to the motion to include restrictions pertaining to other activities related to greenhouses in the R-1 Zone. MOTION by Thomas, seconded by Lymangood, and carried unanimously to direct staff to draft an amendment to the Zoning code regarding restricting the operation of commercial greenhouses and other related activities in the R-1 district, seeking to limit those in light of the City’s current Comprehensive Land Use Plan process in place. MOTION by Gageby, seconded by Bucher, and carried unanimously to approve consent agenda item 5.c. as follows: 5.c. Adopt Resolution #2003 – 39, approving a lot division and lot consolidation for Robert Colebank, for property located at the Southeast quadrant of County Road 30 and Trail Haven Road, with the following findings and conditions: 1. The lot division and lot consolidation is approved in accordance with the plans received by the City on May 12, 2003, except as otherwise amended by this resolution. 2. The applicant must provide a survey for the proposed lot consolidation for City staff review prior to City Council action. 3. Approval of the lot division is contingent upon consolidation of the east parcel of Lot 1, Block 3 with Lot 14, Block 2 and the 38-foot wide strip of property under separate ownership identified as PID #10-119-23-31-0005. 4. The development shall comply with the R-1 district standards. No variances are granted or implied. 5. Driveway access for the western parcel shall be from Trail Haven Road. 6. A driveway permit will be required from Hennepin County. The driveway location must be reviewed. 7. Any work within the county right-of-way will require a permit from Hennepin County. 8. Prior to recording the lot division/lot consolidation, the landowner shall dedicate 10-foot drainage and utility easement along the new lot lines. 9. Prior to recording the lot division/lot consolidation, the landowner shall vacate the existing drainage and utility easements over the old lot line. The landowner shall submit a letter to the City requesting vac ation of the easements; provide a legal description for the easements to be vacated and a lot survey showing the new easements. This information must be provided and approved by the City Council prior to recording the lot division/consolidation. 10. The Building Inspector must approve the soil percolation tests and septic system designs prior issuance of building permits. A primary and an alternative septic site must be identified. Septic sites must be staked prior to beginning any construction on site. 11. The septic system on the existing farmstead must be brought up to standard. Amend motion Approve Consent Agenda Item 5.c. CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 3 12. A10-foot trail easement along County Road 30 adjacent to the right-of- way line shall be provided to Hennepin County. This easement document shall be recorded with the lot division/lot consolidation. 13. All drainage and utility easements must be staked, surveyed and properly recorded prior to beginning any work on site. 14. The landowner shall comply with the Wetland Conservation Act. 15. Best Management Practices (BMPs) for erosion control shall be employed. 16. The applicant shall provide the City with a map showing the location of drain tile and direction of flow on both parcels. The applicant should provide the City with an easement over the drain tile to ensure that adequate drainage is maintained. 17. Prior to issuance of building permits, the lot division and lot consolidation must be filed at Hennepin County. Proof of recording must be submitted to the City. Unfinished Business Rush Creek Boulevard Drainage Comments were heard from Carole LaBerge, 9829 Creek View Circle, regarding drainage problems along Rush Creek. She would like an update on the status of what is being done by the City and/or Hennepin County to correct the drainage issue. Engineer Vander Top advised that a resident on Rush Creek Boulevard had contacted him after the recent heavy rain. His last contact with Hennepin Conservation District was on May 12, 2003. At that time, no progress had been made towards resolving the drainage issue. Council agreed it was prudent to follow up with Hennepin County, as they now oversee the Hennepin Conservation District. Engineer Vander Top will draft a letter to Hennepin County, and Mayor Guenthner will follow up with a telephone call to Commissioner Steele to encourage a resolution to the drainage issues, and then follow up with Mr. and Mrs. LaBerge. Meadow Lane Drainage Feasibility Report Engineer Vander Top provided an overview of the Meadow Lane Drainage Project as outlined in the feasibility report. Kerber’s Rolling Estates was platted during a time when development standards were not as stringent as they are today. This area was platted during relatively dry years, when surface and ground water were not as high as in typical years. Approximately 20 acres of the development drains to the cul-de-sac area of Meadow Circle and the low point of Trail Haven Road. Another 11 acres of the Spanish Terrace Development on the north side of Oakdale also contributes drainage to this low point in Kerber’s Rolling Estates. The natural drainage way has been affected in the last decade by grading activity of several residents, shifting the natural drainage way further south. City Public Works staff assisted in cleaning this ditch in the past. The improvement would involve cleaning the natural drainage way from the culvert discharge on Oakdale Drive to the culvert discharge on Trail Haven and realigning the drainage way between Oakdale and Meadow Circle along the property line, as was established at the time of development. Rush Creek Drainage Meadow Lane Feasibility Report CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 4 Engineer Vander Top advised that letters were sent to 17 affected property owners, who were invited to attend tonight’s Council meeting for more information about the proposed project. He suggested that a more informal neighborhood meeting could also be scheduled with these residents. As the city does not budget for the maintenance of drainage ways, this project would be assessed under Chapter 429. The project is estimated at $33,200.00, which would be assessed to all property owners based on the location of each individual parcel and the amount of acreage per lot. Assessments vary depending of the extent of work completed in each of the three designated areas. A complete feasibility report is available at City Hall for review. In order to complete the project, temporary easements would need to be acquired from some property owners. If the council chooses, a public hearing will be scheduled for July or August and public comment would be taken at that time. Mayor Guenthner asked if there were any questions from the public regarding the report or the project. The following comments were heard: Dennis Goldberg, 21350 Oakdale Drive – Questioned the reason behind the project. Engineer Vander Top advised that many years ago, there was grading on the Anderson property (10024 Meadow Circle) that shifted the natural drainage and moved the channel off the property lines where it was originally. James Anderson, 10024 Meadow Circle – Advised the Council and Engineer that he had not done any grading on their property since they purchased it. Engineer Vander Top advised that when the development was established in the 1970’s, the developer should have realigned the ditch at that time. Part of the issue stems from a culvert and berm installed on the Burke property (21324 Meadow Circle). Recently, the Army Corps of Engineers had ordered that the berm and culvert be removed, which has been done by Mr. Burke. William Alexander, 10035 Trail Haven Road – He feels there is no dysfunction of the ditch and questioned what benefit his property would derive from the project. He lives on higher ground and does not have any drainage issues . Mayor Guenthner advised that there has to be a benefit to the property in order for the Council to move ahead with an assessment. Another option available to the Council is imposing a maintenance charge under Chapter 444, which would allow the City to charge all benefiting property owners for the project, without going through the assessment process. Mayor Guenthner advised that this has been an ongoing issue for the last 15 – 20 years and the City is looking for an appropriate resolution to address competing interests. Councilor Lymangood also advised that there has been recent litigation between the principal property owners and the City was named in the lawsuit. Extensive staff time has been spent trying to resolve this problem, and the legal claims are continuing. Scott Danielson, 21420 Oakdale Drive – Questioned if there was any intention of lowering the level of the pond on the north side of Oakdale in an attempt to remedy the problem. Engineer Vander Top advised that was not addressed in the Public Comment CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 5 report, but would be looked at as a part of the solution, and could be added as an attachment to the plans and specs. The City would obtain quotes from contractors for the project to narrow down the cost. Vander Top also advised that the scope of this particular project does not go beyond Trail Haven Road. Would have the area downstream (beyond Trail Haven) surveyed to determine what affect there may be downstream. This is considered a maintenance project, to help control water flow in typical conditions. Attorney Carson addressed the difference between Chapter 429 assessment and Chapter 444. Chapter 429 assesses individual property owners and the City has to prove that there is a benefit to the property. The owner has an opportunity to challenge the assessment and the assessment may be spread over a period determined by the Council. Chapter 444 permits the City to complete the project and impose a charge on the property owners. There is no appeal process for the property owner. If the City chose to do this, they should establish a city-wide policy. Councilor Lymangood would like to see a neighborhood meeting to discuss the project with property owners, with the Mayor and City Engineer in attendance, as well as written agreements from the three primary property owners on Meadow Circle granting access onto the properties, as well as a hold harmless agreement from property owners. Feels that the residents should come forward and request the project since it has not been budgeted and is not as great a priority as other areas that have drainage issues, for example, Rush Creek Boulevard. Discussion was held regarding the condemnation process as opposed to the granting of temporary easements to access the properties. Staff advised that the Engineer would identify the easement area and the Attorney would draft appropriate documentation. Condemnation is an expensive process, and those costs would have to be added back into the cost of the project, thereby increas ing the amount of the assessment. It was suggested that if residents were not willing to grant temporary easements, the project should not proceed. MOTION by Thomas, seconded by Gageby, to adopt Resolution #2003 – 41, accepting the feasibility report for Meadow Circle Drainage Improvements as follows: 1. BRA is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for making of such improvement. 2. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $33,200.00. 3. A public hearing shall be held on such proposed improvement on the 24th day of July 2003 at 7:00 p.m. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Adopt Resolution #2003 – 41 accept feasibility report CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 6 4. An addendum to the plans and specs will include an examination of the ponding to the north on Oakdale Drive and the channel beyond Trail Haven Road. Councilor Lymangood offered the following amendment to the motion: MOTION by Lymangood, seconded by Thomas to add the following conditions to Resolution #2003 – 41: 3. A public hearing date shall be set by the City Council held on such proposed improvement on the 24th day of July 2003 at 7:00 p.m., if conditions #5 and #6 have been met. and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 5. Before July 17, 2003, a neighborhood meeting shall be held with all affected property owners; 6. Before July 17, 2003, the four property owners directly affected by the project (Burke, Hentges, Anderson, and S. Danielson) notify the City in writing that they would grant voluntary temporary easements to the City if the project moves forward. Roll call on the amendment: Bucher, aye; Gageby, naye; Guenthner, aye; Lymangood, aye; Thomas, aye. Motion carried and the original motion is amended. MOTION by Thomas, seconded by Gageby, and carried unanimously to adopt Resolution #2003 – 41, accepting the feasibility report for Meadow Circle Drainage Improvements as amended: 1. BRA is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for making of such improvement. 2. The Council will consider the improvement of such street in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $33,200.00. 3. A public hearing date shall be set by the City Council on the 24th day of July 2003 if conditions #5 and #6 have been met. 4. An addendum to the plans and specs will include an examination of the ponding to the north on Oakdale Drive and the channel beyond Trail Haven Road. 5. Before July 17, 2003, a neighborhood meeting shall be held with all affected property owners; 6. Before July 17, 2003, the four property owners directly affected by the project (Burke, Hentges, Anderson, and Danielson) notify the City in writing that they would grant voluntary temporary easements to the City if the project moves forward Roll call on the motion: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, aye; Thomas, aye. Motion carried. The Mayor declared a recess at 8:42 p.m. and reconvened the meeting at 8:47 p.m. Amend motion and resolution Roll call Adopt Resolution #2003 – 41 as amended Roll call Recess CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 7 CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 8 New Business Alcohol Policies for Community Events (CAPE) Discussion was held regarding alcohol policies for community events as drafted by CAPE. Council questioned how enforceable this policy would be. Attorney Carson advised that anything pertaining to the regulation of alcohol or liquor licensing should be in the form of an ordinance. The intent is for these to be adopted as a policy at this time, and encourage voluntary compliance, with adoption as an ordinance next year. Council questioned if there were any specific problems or concerns that this policy was intended to address. Chief Schutte advised that there aren’t any concerns at this time. Any problems that have been identified in the past were immediately addressed and corrected. Comments were heard from the following: Martin Deers, CAPE Project -- Stated that these policies are more preventative in nature, to help with security and more easily identify who is of legal drinking age. Ken Kluck, Corcoran Lions – feels that the number of beverages allowed to be purchased at one time is restrictive and does not accommodate those that come to events in larger groups. Shorty Dorweiller, Hamel Rodeo – The rodeo serves 12 oz. cans of beer, not cups and feels the policy should accommodate this. Expressed concern about the use of wristbands to identify individuals over the age of 21. Chief Schutte advised that it would be appropriate for all events to restrict alcohol from the parking areas and Council agreed with that recommendation. Attorney Carson advised that dram shop insurance would insure against accidents or injuries that most regular insurance does not cover. MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt the Alcohol polices for community events, as amended, to include restricting alcohol from parking areas. Charitable Gambling Draft Ordinance Councilor Lymangood provided an overview of the charitable gambling draft ordinance drafted by Administrator Vergin, based on the City’s of Plymouth’s ordinance. The intent was to have the Council review the ordinance at this meeting, subsequently meet with the Charitable Gambling organizations to get their feedback, and then have the Council review the ordinance again at a future meeting before adoption. The ordinance restricts the number of licenses to three, but that number could increase as the population of the city increases. MOTION by Lymangood to challenge the Chair’s ruling not to allow for public comment on the draft ordinance at this time. Motion died for lack of a second. Ken Kluck, Corcoran Lions, observed that the City currently allows for up to four liquor licenses, of which three are being used. Only three gambling licenses will be available. Wondered how the City would handle it if an Alcohol Policies for Community Events Public Comment Adopt Alcohol Policies for Community Events Charitable Gambling Ordinance Challenge CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 9 establishment requested the fourth liquor license and wanted to have charitable gambling, if all three gambling licenses were spoken for. Mayor Guenthner advised that if it became an issue in the future, it would be addressed. Transportation Issues Police Chief Schutte advised the Council that the City is still monitoring County Road 116. The County Road 10 resurfacing project is scheduled for July 7 – 11, 2003. Culverts are already in place. Recent storms resulted in many wet basements in the city. Three areas had roads underwater, including Horseshoe Trail between Willow Road and Rolling Hills Road, Oakdale east of Hage Drive and Rush Creek Boulevard. Rush Creek Golf Course contacted the Police Department for sandbags because of flooding in some areas. Clemons Property Chief Schutte advised that due to various zoning and code violations, a formal complaint has been issued regarding the structure moved onto the Clemons property. The City has made contact with both the owner and the contracted mover. Attorney Carson advised that the City could get a court order to have it removed from the property. Civil and/or criminal charges could be brought against the property owner for allowing the structure to be brought into the City and placed onto his property. The City’s costs could be recouped if awarded by the Judge. Council directed staff to proceed to initiate removal of the structure from the property. Reports Infrastructure Correspondence with Medina Discussion was held regarding the letter drafted by Engineer Vander Top to the City of Medina. Council agreed by unanimous consensus to send the letter as revised, to include the following language at the end of the first paragraph on page two: “Initial improvements could capitalize on this existing infrastructure by building the first pieces of the long-term sewer and water systems for the region. We believe this extension can be constructed to meet Corcoran’s near term needs without impairing Medina’s land use plans or capital budget for the area.” 6322 and 6334 Rolling Hills Road Septic System Compliance Attorney Carson advised at the June 12, 2003 meeting that he had sent correspondence to the two property owners via their attorney and to the University of Minnesota requesting clarification on HRUA’s affiliation with the University. Neither party has responded to his correspondence. Attorney Carson will follow up to both letters and report at the next Council meeting. Reports -- Mayor and Council Mayor Guenthner and Councilor Lymangood reported on their meeting regarding a memorial for Travis Knapp. Discussion included an appropriate process to follow, timing, and various locations and options for such a memorial . No action taken at this time. Transportation Issues Clemons Property Infrastructure correspondence with Medina Rolling Hills Road Septic Compliance Knapp Memorial Meeting CITY OF CORCORAN REGULAR COUNCIL MEETING JUNE 26, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\06.26.03 Council Minutes.doc 10 MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:43 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Adjournment