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HomeMy WebLinkAbout2003-07-24 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 1 The Corcoran City Council met in regular session on July 24, 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, Planner Lindahl, and Code Enforcement Officer Reger. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Thomas seconded by Bucher and carried unanimously to approve the agenda with the following additions: • Mama G’s/Maple Grove Update under Unfinished Business 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 items 5.a., 5.d., and 5.e. as follows: 5.b. Approve the payment of claims #1576 – 1623, in the amount of $159,697.46, as presented. 5.c. Approve the following lawful gambling applications: • Adopt Resolution #2003 – 44, approving the lawful gambling application submitted by St. Thomas the Apostle Church for a raffle drawing and bingo, to be held on August 17, 2003 at St. Thomas the Apostle, 20000 County Road 10, and authorize the Clerk to sign the application on behalf of the City. • Adopt Resolution #2003 – 45, approving the lawful gambling application submitted by the Hennepin County Agricultural Society for bingo, to be held at the Corcoran Lions Park during the Hennepin County Fair, July 31 – August 3, 2003, and authorize the City Clerk to sign the application on behalf of the City. Discussion was held regarding consent agenda item 5.a. Regular Council meeting minutes of July 10, 2003. Councilor Bucher requested clarification to the third paragraph under Open Space Preservation Plats as follows: “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.” MOTION by Lymangood, seconded by Gageby, and carried unanimously to approve consent agenda item 5.a. as follows: Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Approval Consent Agenda Item 5.a. Approve Consent Agenda Item 5.a. CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 2 5.a. Approve the Regular Council meeting minutes of July 10, 2003, as amended. Discussion was held regarding consent agenda item 5.d. Budget Analysis. Administrator Vergin advised that she anticipates approximately $35,000 at year-end for the City’s Reserve Fund. Staff has been experiencing some problems with the accounting software when calculating formulas, but is working with Banyon to resolve and the July statement should be correct. Indicated that the $35,000 under General Government transfer was for the close out of the comp plan fund and should not be showing up. Administrator Vergin will follow up with the City Auditor. Have recently re-invested a called investment at a rate of 3.35%, and have another investment due in early August. Staff is checking rates with various institutions to invest additional monies. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve consent agenda item 5.d. as follows: 5.d. Accept the Budget Analysis Report for month ending June 30, 2003, as presented. Discussion was held regarding consent agenda item 5.f. Budget Workshops. Councilor Lymangood questioned the procedure for disseminating budget information to Council members prior to the workshops. Administrator Vergin advised that packets are delivered to all Councilors prior to the workshop, including summaries of proposed budget changes and preliminary departmental budgets. Meetings include review and discussion of the proposed budget and associated issues. MOTION by Bucher, seconded by Lymangood, and carried unanimously to approve consent agenda item 5.e. as follows: 5.e. Schedule budget workshops for Thursday, July 31 - 6:00 – 8:30 p.m., Thursday, August 14 – 6:00 – 6:45 p.m., and Thursday, August 28 – 6:00 – 6:45 p.m. Planning Applications Carl Tessmer, 10420 County Road 19 Planner Lindahl advised the Council that this planning application had been withdrawn at the request of the applicant. Mr. Tessmer had attended the Special Council Meeting on Thursday, July 17, 2003. Based on information he received at that meeting, he had contacted Planner Lindahl via email and requested no further review of his sketch plan. Since no formal application had been made, the 60-day rule does not apply. A copy of Mr. Tessmer’s correspondence to Planner Lindahl will be placed in the project file for the record. Consent Agenda Item 5.d. Approve Consent Agenda Item 5.d. Consent Agenda Item 5.e. Approve Consent Agenda Item 5.e. Carl Tessmer Planning Application Unfinished Business Ordinance No. 186 – Moratorium on Greenhouses and Nurseries CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 3 Discussion was held regarding the proposed moratorium ordinance pertaining to greenhouses and nurseries. Mayor Guenther advised that representatives of Grove Nursery were present in the audience with their legal counsel, Timothy Nolan of the Rider Bennet Law Firm. Mayor Guenthner also advised that Mr. Nolan has previously represented his employer in a lawsuit, and reiterated that his employer was the client and Mr. Nolan did not personally represent him. He and Mr. Nolan have a professional relationship, and they have not had discussions pertaining to this issue outside of this forum. Attorney Carson advised that Attorney Nolan had requested a meeting with him prior to the City Council meeting to discuss the proposed moratorium and Grove Nursery application but they had not been able to make arrangements. Mr. Nolan’s letter suggests that imposing a moratorium is not appropriate in this circumstance. However, Attorney Carson feels that it is appropriate since we are in the process of updating our ordinances. During the City’s review of the applicant, it became apparent that regulations were needed. The City is not attempting to stop their application. The following discussion ensued. Councilor Thomas feels that the current ordinance needs clarification and feels it is appropriate to discuss the merits of the Grove Nursery application. Councilor Gageby concurs and added that the current ordinance reflects more of a passive operation, of which Grove Nursery is not. He would consider this a commercial distribution center as opposed to a nursery/greenhouse operation. Feels that it is a good operation and that a commercial distribution business that distribute nursery products should be allowed, however the area they have chosen is not a commercial area. Councilor Bucher questioned what the process is once the moratorium is in place, i.e. if the City could impose the moratorium and lift it to consider their application. Councilor Lymangood feels that the time in the draft moratorium is not specific enough and would prefer the words “whichever is sooner” added to the last sentence in Section 2 of the ordinance. Planner Lindahl advised that this application was held over from the July 9, 2003 Planning Commission. The applicant has revised the narrative of the application to address some of the issues discussed at the Planning Commission meeting, and has agreed to some of the conditions, but has not specifically addressed the draft ordinance language in their application. Comments were heard from the following: Timothy Nolan, Rider Bennet Law Firm, Attorney for Grove Nursery -- Mr. Nolan advised that the applicant was willing to comply with most items in the proposed draft ordinance and were willing to impose other conditions on their own, to operate more like a conditional use permit. Advised that they are Moratorium Ordinance Public Comment under specific time constraints at their Maple Grove location. Grove Nursery is willing to work with staff and the Planning Commission to come to an agreeable solution. They also understand that the end result could be a legal non- CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 4 conforming use, which they are willing to agree to. George Ritten, Grove Nursery – Would appreciate an opportunity to continue with the process. He doesn’t see any concerns with the draft language in the ordinance and are very willing to work with the City on any outstanding concerns, knowing that they have a deadline to meet as well. Regarding access onto County Road 30, Hennepin County told them they would have to access from Trail Haven. They are willing upgrade a portion of Trail Haven in front of their site, and possibly enter into a maintenance agreement with the City to pave a portion of the road, to the access point. Questioned if the City could help determine costs for such an upgrade. Council agreed by unanimous consensus to direct staff to work with the applicant on the Conditional Use Permit, and additional conditions prior to the Planning Commission meeting on August 7, 2003. It was agreed that the Grove Nursery application and ordinance amendment will both proceed forward parallel, but not dependent upon one another. The draft ordinance and Grove Nursery application will be reviewed at the Planning Commission meeting on August 7, and will then be directed back to the City Council for their final consideration. Council requested further clarification regarding products grown on-site for distribution. Attorney Carson advised that if a reasonable agreement couldn’t be met, the City could exempt the applicant from the moratorium. MOTION by Gageby, seconded by Bucher, to adopt Ordinance No. 186, extending the moratorium on development within the City of Corcoran to include nurseries and greenhouses, for a period of 60 days or until the Zoning Ordinance is amended, whichever is sooner. Roll call: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, naye, because he is not in favor of imposing moratoriums; Thomas, aye. Motion carried. Draft Ordinance – Greenhouses and Nurseries Planner Lindahl advised that at the July 10, 2003 City Council meeting, staff was directed to prepare changes to the Zoning Ordinance to address nurseries and greenhouses in the A-1 and R-1 districts. The Planning Commission will consider this ordinance on August 7, 2003. The draft ordinance addresses such issues as lighting, hours of operation, paved surfaces, traffic and transitions, as well as clearer definitions for nurseries and greenhouses, as directed by Council. Nurseries and greenhouses are still required to comply with all minimum development standards as outlined in the City’s Zoning Ordinance. The conditional use permit standards require additional conditions to ensure compatibility with surrounding land uses. Adopt Ordinance No. 186 – Moratorium on Nurseries and Greenhouses Draft Zoning Ordinance – Nurseries and Greenhouses Staff was directed to further review and clarify the definitions, specifically pertaining to items grown on site. CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 5 Meadow Lane Drainage Issue The neighborhood meeting to discuss this issue was held on July 15, 2003, with a substantial numbers of residents in attendance. Mayor Guenthner reported that most of the owners directly impacted by the drainage issue are in favor of resolving the problem, but do not agree with the assessment. Mediation as a means to resolve the issue was discussed, and all affected property owners agreed to participate. The City would also participate to some degree. Northwest Hennepin Mediation Services has been contacted and staff is in the process of scheduling a session to be held at City Hall on a Saturday morning in August. Mr. Hentges has agreed to suspend all legal action at this time pending the outcome of mediation. County Road 116/Transportation Issues Administrator Vergin advised that the speed study has been completed and forwarded to Hennepin County. A full report will be made once the City receives the report. Mama G’s/Maple Grove Mayor Guenthner advised that Engineer Vander Top is preparing material to be reviewed by Maple Grove’s Engineer, after which a meeting between the City Mayors and Engineers will be scheduled, being mindful of the September 30, 2003 deadline to the Developer’s Agreement. New Business Request for Sewer and Water Services from Maple Grove -- 9435 Highway 101 The City has received a request to connect to Maple Grove sewer and water services from Harold and Alexa Koble, 9435 County Road 101. They purchased their property over a year ago and due to various circumstances, do not have a functioning septic system. The existing system had been crushed at the time work began on the new system, which has not been completely installed. They have already contacted the City of Maple Grove and were told they needed permission from Corcoran in order to connect to their services. Council questioned if the Koble’s had addressed the Wastewater Commission regarding their situation. Administrator Vergin advised that the City’s process was outlined for them, and they requested to address the Council regarding this issue. Council discussed the possibility of entering into Joint Powers Agreement with the City of Maple Grove for services to the Koble property, with the understanding that Council is not agreeable to annexation to the City of Maple Grove. Requested the Koble’s contact Maple Grove and requested the City Administrator to follow up with both the Koble’s and the City of Maple Grove. This item will also be discussed at the August 11, 2003 Wastewater Commission Meeting. Staff Direction Meadow Lane Drainage County Road 116/Transportation Issues Mama G’s/Maple Grove Request for connection to Maple Grove sewer and water Staff Reports Code Enforcement Report Code Enforcement Officer Reger presented an overview of activities for the months of June and July. Advised the Council that review of CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 6 all voluntary home occupation applications should be completed this fall and his focus will change to enforcement of non-compliant home occupations. Highlighted areas in both commercial and residential zones where complaints have been received and are being resolved. Requested clarification on frequency of reports to Council. Council agreed that quarterly reports would be sufficient, and also requested that staff to prepare a cost/benefit analysis in the next few months. Councilor Gageby added that he feels the Code Enforcement position was a good investment for the City. Planning Applications Administrator Vergin advised that new City planning applications and checklists have been completed for all the planning and zoning processes. These will continue to be modified and updated as the subdivision ordinance is updated. Darrell Lane Status Report A neighborhood meeting was held and some of the residents were with the understanding that Right-of-Way had already been dedicated. Attorney Carson is in the process of completing title searches to verify. Miscellaneous Administrator Vergin informed the Council that she has been asked by the League of Minnesota Cities to do a presentation at the LMC City Clerk’s Orientation on August 27, 2003. Council Reports Assessment of Special City Council Meetings Mayor Guenthner requested feedback from Council on progress being made through monthly Special Council meetings. Council had the following comments: Councilor Lymangood – feels that Council is addressing substantial issues and making good progress. When issues are carried over to regular council meetings, eliminates the possibility of public input. Suggested being mindful of personal commitments when scheduling City activities, so as not to over schedule. Councilor Gageby – Meetings are going well and have included big discussions in many areas. Staff is doing a good job. Council needs to stay aggressive and get this project done. Councilor Thomas – Feels that good progress is being made. Questioned if staff could do more in between meetings or if it was better to address all issues Code Enforcement Report Planning Applications Darrell Lane Status Report Administrator Presentation Assessment of Special Meetings at Council. Senses frustration with not being able to address all items on meeting agendas. Councilor Bucher – Progress is great. Feels that it is incumbent on all members to guide and support each other through this process. CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 24, 2003 7 Planner Lindahl advised that the next Special meeting would address the area plans and Natural Resources Inventory. Medina City Council Meeting Mayor Guenthner reported that he and Engineer Vander Top attended the Medina City Council on July 15, 2003. Hennepin County has approached the City of Medina on sharing costs for a feasibility study on the extension of services from the South to three businesses on County Road 19 that will be impacted by the road project. Due to the interest shown by Corcoran to work with Medina to provide services within that same area, the Medina Council authorized moving forward to look at a joint feasibility study to provide services to the east. Staff will meet to address the scope and cost of such a study and bring that back to the Council for their consideration. Fire Advisory Committee Meeting The Fire District Advisory Committee met on July 17, 2003 at the Medina City Hall. Discussion revolved around identifying standards to evaluate fire services, approaches to strengthen the involvement of all constituents, and the development of common standards for budget review and reporting. Mayor Guenthner and Medina Councilor Jim Lane intend to meet with Hamel Fire Chief Guest on August 2, 2003. Rush Creek Drainage Mayor Guenthner reported that Hennepin County has a Civil Engineer working on the Rush Creek drainage issue, which should accelerate progress. NW League of Cities Meeting Councilor Gageby advised that a meeting with Roger Scherer and Robin Caufman of the Met Council and NW League of Cities would be held on August 27, 2003. Invitations will be sent to elected officials and senior staff from all cities represented on the NW League, as well as Commissioner Penny Steele and Jim Grube. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 8:54 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Medina City Council Meeting Fire Advisory Committee Meeting Rush Creek Drainage NW League of Cities Meeting Adjournment