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HomeMy WebLinkAbout2003-07-10 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 1 The Corcoran City Council met in regular session on July 10, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Attorney Carson, and Planner Lindahl. Mayor Guenthner called the meeting to order at 7:02 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:  Upcoming scheduled meetings and budget workshops  Meadow Lane Project  Rolling Hills Road Septic Compliance  Rush Creek Blvd Drainage Issues  Homeland Security Grant Open Forum There were no requests from the public to speak during open forum. Consent Agenda MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the consent agenda with the exception of item 5.b., as follows: 5.a. Approve the Regular Council meeting minutes of June 26, 2003, as presented. 5.c. Adopt the Second Amendment to the Development Agreement between the City of Corcoran and Mama G’s LLC, as presented. Discussion was held regarding Item 5.b. of the consent agenda. Councilor Bucher requested additional information regarding the purchase of an aerator by the Public Works Department. Administrator Vergin advised that an explanation of the purchase was inadvertently omitted from the Claims Description. The aerator is used for all city property, and mainly at the ball fields to improve the quality of the turf. The City is seeking partial reimbursement from the Rockford School District. The City has also received a donation from the Lions for the purchase of bleachers and any left over funds from that purchase would be applied toward the aerator purchase. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve consent agenda item 5.b. as follows: 5.b. Approve the payment of claims #1535 – 1572, in the amount of $104,059.80, as presented. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Approval Consent Agenda Item 5.b. Approve Consent Agenda Item 5.b. CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 2 Home Occupation Applications Robert Scherber, 22010 County Road 10 Administrator Vergin provided an overview of the Home Occupation Application submitted by Robert Scherber, 22010 County Road 10, to allow the operation of construction contracting business. The Home Occupation Commission has recommended approval of the CHOL for Robert Scherber with the conditions that equipment is limited to that identified on the application, no backing up of business equipment in or out of the property, and the site is to be managed consistent with the plan submitted on the application. MOTION by Gageby, seconded by Thomas, and carried unanimously to adopt Resolution #2003 - 42, approving a conditional home occupation license (CHOL) for Robert Scherber for the operation of a construction contractor at 22010 County Road 10, as recommended by the Home Occupation Commission, based on the Findings of Fact on file at the City office, with the following conditions: 1. The CHOL is issued to Robert Scherber, 22010 County Road 10, and is not transferable. 2. No advertising signage for the business is permitted on site or off site. 3. All equipment shall be kept within the accessory structure or screened from public view. 4. The applicant shall abide by and remain in compliance with all applicable Federal, State and City rules and regulations. 5. This license will be reviewed by the City every three years from the date of issuance for a determination that the existing Home Occupation still warrants the issuance of a license. 6. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modification of this license. 7. Equipment is limited to the list provided with the application. 8. Up to three staging employees shall be permitted, as appropriate documentation has been supplied to the City. 9. Site to be managed consistent with the plan submitted with the application. 10. No backing up of business equipment in or out of the property. David Bormes, 19512 Country Circle East Administrator Vergin provided an overview of the Home Occupation Application submitted by David Bormes, 19512 Country Circle East, to allow the operation of business, American Eagle Exteriors, a siding and window company. The Home Occupation Commission has recommended approval of the CHOL for David Bormes with the Home Occupation Applications Robert Scherber Adopt Resolution #2003 – 42 Scherber Home Occupation David Bormes conditions that there are no deliveries outside of normal residential deliveries, no outside CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 3 storage of materials, one staging employee is permitted, with a lim it of three sixteen foot trailers to be stored on site to the rear of the property. Councilor Lymangood requested an additional condition to restrict on street business parking. MOTION by Lymangood, seconded by Thomas, and carried unanimously to adopt Resolution #2002 - 43, approving a conditional home occupation license (CHOL) for David Bormes, for the operation of a siding and window contractor at 19512 Country Circle East, as recommended by the Home Occupation Commission, based on the Findings of Fact on file at the City office, with the following conditions, including the restriction of on-street parking: 1. The CHOL is issued to David Bormes, 19512 Country Circle East, and is not transferable. 2. No advertising signage for the business is permitted on site or off site. 3. All equipment shall be kept within the accessory structure or screened from public view. 4. The applicant shall abide by and remain in compliance with all applicable Federal, State and City rules and regulations. 5. This license will be reviewed by the City every three years from the date of issuance for a determination that the existing Home Occupation still warrants the issuance of a license. 6. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modification of this license. 7. One staging employee is permitted providing proof of employment and verified to the satisfaction of the City Code Enforcement Official. 8. No deliveries other than those routinely made in a residential district. 9. No outside storage of materials. 10. A limit of three sixteen foot trailers shall be allowed to be stored on site to the rear of the property to limit the visibility to the public. 11. No on street parking as a result of business operations shall be allowed. Council noted that both of these applications had been reviewed by the Home Occupation Commission over a several month process. Code Enforcement Official Reger had worked extensively with both applicants to come to a mutually acceptable resolution to all parties. Council agreed by unanimous consensus to revise the agenda to address item 8.a. at this time in the meeting due to the large number of people in the audience for the topic. Adopt Resolution #2003 – 43 Bormes Home Occupation Revise Agenda CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 4 New Business Olde Sturbridge Neighborhood Petition for Sewer Services Administrator Vergin advised that the Olde Sturbridge Neighborhood Petition for accelerated Sewer Services stemmed from issues relating to failing systems in the neighborhood, specifically 19800 and 19808 Olde Sturbridge Road. There are 20 properties in the development located in the south east corner of the City. This area will eventually receive sewer and water services. The residents of this neighborhood are requesting that the Council consider accelerating the provision of services to this area. Mr. Brolin, 19808 Olde Sturbridge, has begun the process of installing a new system on his property. He will be meeting with the Waste Water Commission on Monday, July 14, 2003, to discuss alternatives to replacing his system until services are available in his neighborhood. The following discussion ensued. The downtown district is the first area slated to receive sewer and water services. The Olde Sturbridge neighborhood is actually scheduled to receive services between 2010 – 2020, but is a prime candidate to receive residential services due to its proximity to the downtown area. The Council is following a fairly disciplined schedule regarding the implementation of the comprehensive plan, of which the provision of city sewer and water falls into. However, there are many factors that need to be taken into consideration during this process. Financing the improvements and other economic issues are important because although property values will increase once the services are provided, they also have to be paid for in order to achieve the increase in property values. Mayor Guenthner encouraged public attendance at the Special Council meetings held on the third Thursday of each month where specific discussions on the provision of urban services will take place. Timing of services has not been determined at this time, but due to the large number of neighborhood residents supporting services, the Council would look at trying to accommodate this neighborhood as much as possible. The Council appreciates seeing a neighborhood coming forward, such as this one, in support of such a project. The City still needs to determine an equitable process for making services available. The audience was reminded that the petition was not a binding agreement for the provision of services, it was merely a way for residents to indicate their interest in getting more information on the process and costs etc. Planner Lindahl indicated Engineer Vander Top is starting to work on the infrastructure plans and this topic would be discussed at a special council meeting later in Fall 2003, possibly October. There were several questions from the public, including if the Comprehensive Land Use Plan Olde Sturbridge Neighborhood Petition CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 5 had been formally adopted by the City Council and the Met Council, which it has. Also questioned what role the Waste Water Commission would play in future storm water management in the City. Council feels that in the future, the WWC would grow in jurisdiction to cover all types of water management, including septic and storm water management. The Chair declared a recess at 7:35 p.m. and reconvened the meeting at 7:39 p.m. Unfinished Business Facility Committee Administrator Vergin advised the Council on the status of the Police Department Expansion Project. Council had put the project on hold pending the outcome of the legislative session. The Legislature did not impact the City’s authority to bond, therefore the committee is looking for direction. Council was advised that the total project cost is approximately $350,000.00. Several issues were discussed, including issuing Zero coupon bonds and financing the project with a lower interest rate, and consideration of adding a garage bay to possibly house a fire truck. It was agreed that the committee would need more information if the scope of the project will change. Council agreed by unanimous consensus to reconvene the Facility Committee. Transportation Issues Administrator Vergin advised that the City will re-open Larkin Road on Monday, July 14, 2003. Engineer Vander Top and Public Works Director Meister have concluded that the road is structurally sound due to the limited use and has significantly dried out. County Road 101 construction will be completed by September. Council directed staff to draft a letter to Commissioner Steele and Jim Grube, expressing the City’s appreciation for Hennepin County’s assistance with traffic related issues this summer. New Business (continued) Public Participation at City Council Meetings Councilor Lymangood introduced this topic, based on action taken at the last meeting during a discussion of the draft lawful gambling ordinance. Councilor Lymangood was requesting clarification regarding the Council’s policy to allow public comment during meetings. There currently is no written policy regarding public participation during Council Meetings. Mayor Guenther advised that his decision not to allow public comment regarding the gambling ordinance stemmed from his understanding that the gambling ordinance would be discussed with the civic groups in a non-public setting, as outlined in the staff report accompanying the draft ordinance in the meeting packet. He was not expecting any public input during that portion of the meeting. Councilor Recess Facility Committee Transportation Issues Public Participation at Council Meetings CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 6 Thomas stated, and Councilor Bucher concurred regarding the importance of allowing public comment as appropriate during meetings, as well as the Mayor maintaining control of the meetings in order for topics to stay on schedule. Both understood, according to the staff report, that the ordinance would be reviewed with the Jaycees at a later time. Councilor Lymangood feels that if the public is courteous and respectful of the council, then they should be given the same courtesy and allowed to speak if recognized by any one Council member. Suggested that the city implement a process where people wishing to address the Council regarding a topic on the agenda would notify the Administrator prior to the meeting. The individual would then be given a limited opportunity to address the Council on that topic. All other requests to speak regarding non-agenda items would be heard during the Open Forum. Councilor Lymangood suggested a policy whereby the council would allow limited input from the public on items on the agenda during Council meetings if and when any one Council member alerts the Chair contemporaneously and requests he/she be allowed to speak. All other requests from the public to speak regarding items not on the agenda would be reserved for the open forum. If the Mayor feels that the comments are out of order, he would have discretion to not allow, with a stated reason for not allowing, and give the Council an opportunity to confirm the objection or not. Councilor Bucher acknowledged the Council’s need to improve processes when necessary, but feels that the current process is not broken or in need of a formal policy regarding public comment. No action taken. Commercial Greenhouses in Residential Areas Planner Lindahl addressed the City’s Zoning Ordinance as it pertains to commercial greenhouses in residential areas. At the June 26, 2003 City Council meeting, the City Council expressed concern about a wholesale nursery concept plan that was provided as background material for a land division/consolidation application that was received for property located in the R-1 Zoning District. In the existing ordinance, nurseries and greenhouses are permitted uses. In the draft Zoning Ordinance, agriculture, greenhouses for growing only, nurseries and tree farms, including the sale of products grown only on site, are permitted uses. Staff recognizes that it is not the Council’s intent to prohibit such uses, but ensure that they are compatible with the surrounding residential and agricultural uses. A draft of the existing ordinance has been prepared for review and direction from Council pertaining to making nurseries and greenhouse conditional uses in the R-1 District. The definition of a nursery/greenhouse in the existing ordinance is not clear. The Grove Nursery application was tabled at the July 9, 2003 Commercial Greenhouses in Residential Areas CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 7 Planning Commission meeting to further examine this issue. Discussion was held regarding imposing a relatively short moratorium to further review the topic, assuring that a proper decision is being made that is fair and equitable. Councilor Gageby reiterated his concern, as stated at the last Council meeting, that he was not in favor of the land split if the sole purpose was to accommodate the commercial operation of Grove Nursery. Council was advised that public notices were sent out to adjacent property owners regarding the Grove Nursery application and request for Conditional Use Permit. Under the current ordinance, the only portion of the application that requires a CUP is the building, not the intended use. MOTION by Gageby, seconded by Thomas, to direct staff to draft a 60-day moratorium ordinance for review by the Planning Commission at the August 7 meeting, with a recommendation to the Council by August 28, 2003. Roll call: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, naye, because he feels the Council is changing the rules on the applicant at the last minute; Thomas, aye. Motion carried. Staff was directed to address the following issues in the zoning ordinance:  Are existing operations grand fathered in?  Magnitude, timing, and proximity of lighting for the operation  Paved or unpaved parking and percentage of site area for parking/loading areas and structures  Products grown only on site - more specific  Definition of nursery/greenhouse  Depositing and transferring of “non-vegetative materials”  Traffic impacts relative to the type of road (paved v. unpaved)  Commercial distribution  Compatibility with surrounding property design and screening, etc.  Hours of operation • Importing of materials • Restrictions of accessory uses associated with this type of use Open Space Preservation Plats Planner Lindahl advised that this item was scheduled to be discussed at the June 19 Special Council Meeting, but was not due to lack of time on the agenda. Staff has prepared a draft of the regulation allowing Open Space Preservation (OSP) Plats as a conditional use in the Agriculture and Rural Residential Zoning Districts. According to the City’s Comp Plan, clustering is encouraged to preserve natural features, large tracts of open space, and view corridors. It is not intended to act as a holding zone until urban development is proposed. The ordinance is drafted to allow clustering in a manner similar to the clustering that Corcoran has historically allowed. The major change is that, in exchange for allowing Draft Moratorium Ordinance Staff Direction Open Space Preservation Plats CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 8 smaller lots and increased density, the City will require conservation easements to be placed over the remaining land to ensure permanent open space. Lots would be required to be minimum 2.5 acres in size to accommodate on-site wells and septic systems. However, shared systems would be allowed. Planner Lindahl displayed a sample plat map of a 40-acre tract of land and how it could be platted under current zoning and under the proposed ordinance. Discussion was held regarding incentives for Developers to cluster and the schedule of “bonuses” was discussed. Council also discussed public access on the preserved land, park dedication and homeowner’s associations. Comments were heard from Carl Kalk, regarding building rights and parks and trails and how new trails would fit into the City’s overall park plan. General consensus from the Council was to proceed with the clustering ordinance, supporting the concept of requiring permanent easements to protect the land. The issue of shared septic systems in the Future Urban Service Area is unresolved at this time, however mutually agreed at this time that shared systems would not be permitted within the Rural/Ag Residential areas. Staff was directed to make the recommended changes and prepare the ordinance for further review in the Fall during the subdivision ordinance review. Reports 2004 Budget Workshops The 2004 budget is currently being drafted and will be available for Council at the July 24, 2003 meeting. Workshops will also be set at that time. Upcoming meetings include the Meadow Lane neighborhood meeting scheduled for July 15, 2003 at 6:30 p.m. and the Fire District Task Force meeting scheduled for July 17 at 7:30 a.m. at Medina City Hall. Rush Creek Drainage Issue Engineer Vander Top has identified the bottleneck with this project. Mayor Guenthner will be contacting Commissioner Steele to assist in resolving the issue as quickly as possible. Meadow Lane Drainage Issue As previously stated, the neighborhood meeting has been scheduled for July 15. Mayor Guenthner will be contacting all affected property owners, encouraging their attendance at the meeting. Rolling Hills Road Septic Compliance Attorney Carson has nothing new to report. Will have a potential plan of action for Council review by the beginning of August. Public Comment 2004 Budget Workshops and other upcoming meetings Rush Creek Drainage Meadow Lane Drainage Rolling Hills Road Septic Compliance Clemons Property Attorney Carson has begun prosecution against the landowner for various code CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 10, 2003 9 violations and has begun civil action on the structure. The contracted house mover has had contact with the owner as of this morning. Sign Ordinance Sub-Committee The sign ordinance subcommittee met and will have a final draft of the sign ordinance to the Planning Commission in August, for review by the Council after that. Homeland Security Councilor Bucher provided information regarding a Homeland Security Grant. Administrator Vergin will follow up with Police Chief Schutte. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the meeting at 9:58 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Clemons Property Sign Ordinance Homeland Security Adjournment