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HomeMy WebLinkAbout2003-08-14 Council Minutes - Part 2Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 1 The Corcoran City Council met in regular session on August 14, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Lymangood and Thomas. Mayor Guenthner was excused absent. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Attorney Carson, Planner Lindahl, Engineer Vander Top and Police Chief Schutte. Acting Mayor Gageby called the meeting to order at 7:02 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: • Legal update – Staff reports • Executive Session to discuss pending litigation under Council reports Open Forum There were no requests from the public to speak during open forum. Proclamation Acting Mayor Gageby read aloud a proclamation welcoming Hope Community Church to the community in recognition of the dedication of their facility on August 17, 2003. Consent Agenda MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve the consent agenda with the exception of items 6.c. as follows: 6.a. Approve the Regular Council meeting minutes of July 24, 2003, with an amendment to page 5 under “Request for Sewer and Water Services from Maple Grove” as follows: “Council discussed the possibility of entering into a 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. 6.b. Approve the Council Budget Workshop minutes of July 31, 2003, as presented. Discussion was held regarding consent agenda item 6.c. Claims. Council requested clarification on several items on the claims listing and description. MOTION by Thomas, seconded by Bucher, and carried unanimously to approve consent agenda item 6.c. as follows: 6.c. Approve the payment of claims #1633 - 1680, in the amount of $75,293.30, as presented, with the exception of the investment purchase from Salomon Smith Barney. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Proclamation Consent Agenda Approve Consent Agenda Item 6.c. Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 2 MOTION by Thomas, seconded by Bucher, to ratify approval of the investment purchase from Salomon Smith Barney in the amount of $100,000. Roll call: Bucher, aye; Gageby, aye; Lymangood, abstain because he is employed by Salomon Smith Barney; Thomas, aye. Motion carried. Planning Commission Business Ordinance No. 187 – Standards for Greenhouses and Nurseries Discussion was held regarding the draft ordinance pertaining to standards for greenhouses and nurseries in the A-1 and R-1 districts. Planner Lindahl advised that the Planning Commission had reviewed the draft ordinance at the August 7, 2003 meeting and had a number of concerns about these types of uses in rural Corcoran. The Planning Commission suggested that staff review the proposed definitions to better distinguish between tree farms, which grow all product on site, and nurseries that distribute trees and other vegetation. Due to the limited amount of time between the Planning Commission meeting and this Council meeting, staff recommends that the Council review the Planning Commission report and draft ordinance and provide comments. Staff will provide new language for the August 28, 2003 Council meeting based on comments from the Planning Commission and Council. Some points for discussion include what percentage of items must be grown on site, and what determines a growing season. The following discussion ensued. Councilor Lymangood questioned if the Grove Nursery operation is considered an agricultural operation and voiced his concern about trying to direct staff to resolve an issue involving such a high degree of specificity. Feels that the current operation has not caused any concerns and there have only been two comments from residents about the proposed project. Grove Nursery has been very accommodating to the City’s requests thus far. Councilor Bucher feels that the operation is more than an Ag business and would like a way to somehow quantify the value added to products when grown on site. Planner Lindahl pointed out the 13 conditions listed in the ordinance and feels that staff is getting closer to resolving the definitional issues. The largest concern with the operation is the traffic, as it is more intense than other Ag uses. Council questioned if the ordinance conflicted with the Home Occupation ordinance. Attorney Carson advised that the two were very different, based on the primary use of the property. For a home occupation, the primary use of a property is the home, which is residential. In this ordinance, the primary use is the operation. Comments were heard from Stan Chastek, 7600 Maple Hill Road, regarding his agricultural business. Mr. Chastek expressed his concern about several of the conditions outlined in the ordinance, as follows: • Requirement that 100% of product be grown on site – Feels that this percentage is excessive and does not accommodate for unexpected Ratify Investment Purchase Ordinance No. 187 Public Comment Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 3 circumstances, such as a crop failure where owners may have to bring in product from other vendors to fill orders if necessary. • Hours of operation – In his operation, they work 16 hours a day, seven days a week during harvest time. Limiting the hours of operation could affect the quality of product harvested. • Lighting – some crops have to be lit early in the year (February and March) or at night in order to root. Councilor Thomas suggested that staff contact local nursery and greenhouse owners requesting their input on the draft ordinance. Planner Lindahl is also working with the Department of Agriculture for help with some definitional issues. This will be brought back for further consideration at the August 28, 2003 Council meeting. Grove Nursery Application Discussion was held regarding the site plan application and conditional use permit request for Grove Nursery Center, to be located at the southeast corner of County Road 30 and Trail Haven Road. Planner Lindahl advised that Grove Nursery Center, Inc. is requesting approval of a site plan for a wholesale nursery and a conditional use permit to construct a building with more than 20 percent steel curtain wall and roof panels and a 4:12 roof pitch. The parcel is 23.43-acres in size. At the August 7, 2003 meeting the Planning Commission reopened the public hearing. There were no public comments regarding this item. The Planning Commission voted unanimously to deny the request for site plan and conditional use permit approval. The Planning Commission also voted unanimously to deny an exemption from the moratorium, noting concerns about traffic, noise and dust associated with the use, as well as issues with not having a paved parking area, and access onto the property from Trail Haven. The applicant is requesting approval of the site plan. The development would be a wholesale nursery and greenhouse. The applicant is a grower and wholesale distributor of nursery stock, and they only sell to licensed contractors and nursery stock dealers. Greenhouses and nurseries are permitted uses in the R-1 zoning district, but the Council adopted a moratorium on July 24, 2003. The applicant has met with staff several times and has revised their plans and narrative in an attempt to address both the Council and Planning Commission concerns. They have signed a preliminary agreement with the City listing 14 conditions including limiting hours of operation, upgrading a portion of Trail Haven Road from County Road 30 to the site access to a 9-ton blacktop and providing screening for the surrounding residential properties. Planner Lindahl advised that the Council had several options at this time. • Approve the moratorium exemption, CUP and Site Plan • Direct staff to prepare a new agreement for consideration at the next meeting, based on discussion at the Planning Commission and Council • Table consideration of the application until the ordinance study is completed and the moratorium has been lifted. Grove Nursery Application Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 4 Ken Kluck, Planning Commission Representative, added that the Planning Commission considers Grove Nursery to be a distribution center and not a tree farm and has concerns with an upgrade of Trail Haven between the site entrance and County Road 30, with no consideration to Trail Haven south of the entrance. The Planning Commission also felt that the building should comply with the current standards as outlined in the ordinance. Approximately 50% of the site will be used for tree production. Comments were heard from the following: George Ritten, Grove Nursery – Grove Nursery began their discussions with the City regarding this project while NAC was still the contracted Planne r. At that time, this was a permitted use at the proposed location, so they decided to proceed with the project. They have complied with every aspect of the ordinance to this point and feels like the moratorium is a direct response to their application. They have agreed to the 14 conditions and are accommodating as necessary in order to the make the project work. They have exceeded their budget for this project in order to address the City’s concerns. Feels that the cost would be significant if they ar e asked to pave a greater portion of Trail Haven and upgrade their building to the standards outlined in the ordinance. Would the City consider assessing them for the improvement when the road is upgraded? Feels that there will not be a negative impact to the City if their operation moves to Corcoran. Ron Rolstad, Grove Nursery – Grove Nursery has been in operation at the Maple Grove location since 1988 and feels that the business is an asset to the community. A portion of their operation is currently in Corcoran. They have gone above and beyond what has been required of them. They are trying to maintain the rural character of the area by making improvements to the building through the addition of an arbor and additional landscaping. Most of the building would not be seen from the road. Council acknowledged the accommodations that the applicant has made thus far and advised that their plan is very well prepared and the changes they have made are significant. The Planning Commission has also been diligent in their review of this project and has appropriately applied building standards in this case. Requested that the applicant consider paving Trail Haven south of the site entrance, to the southern boundary of the property as a dust control measure. Council questioned the need for a paved parking lot from an engineering standpoint. Engineer Vander Top advised that some form of dust control is necessary, but that runoff rates would not be much different with a paved or gravel parking area. For the type of operation proposed, a gravel surface works well. Drainage issues on adjacent properties would be monitored through the grading plan and with erosion control. May require the construction of a pond to control run off. Discussion continued on the City’s ability to control access into the site from Planning Commission Comments Public Comments Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 5 County Road 30 only. Planner Lindahl advised, and Attorney Carson concurred, that the City can control this if it is a condition of the agreement. Any violation could result in revocation of such an agreement. The City would rely on the applicant’s ability to control their employees and business traffic. Engineer Vander Top suggested placing a “No left turn” sign at the end of the driveway exit onto Trail Haven. In concluding, the Council will consider the request if the applicant can address the building performance standards by making the building more residential in nature, will consider allowing a gravel parking lot with approved grading and erosion control plans, lighting shall be downcast and assurances shall be made to restrict traffic south on Trail Haven, including appropriate signage. Planner Lindahl was instructed to meet with the applicant to address these additional conditions and prepare a revised development agreement for review at the August 28, 2003 Council meeting. Acting Mayor Gageby declared a recess at 8:50 p.m. and reconvened the meeting at 8:55 p.m. Home Occupation Applications Discussion was held regarding the home occupation application submitted by Bruce Smith, 10410 Cain Road, for a seal coating and asphalt repair business. The Home Occupation Commission has recommended approval of the application, with conditions. Council was advised that one of the conditions included screening on the north side of the property, which has not been completed. Staff is working with the applicant to ensure adequate screening in put in place. MOTION by Lymangood, seconded by Bucher, and carried unanimously to table consideration of the Home Occupation Application submitted by Bruce Smith, 10410 Cain Road, for a seal coating and asphalt repair business, until such time as the screening requirement has been resolved. County Road 116/Transportation Issues Engineer Vander Top advised that the speed study has been completed. The State’s preliminary recommendation is to not change the posted speed limit at this time; however, the report has not been finalized. Staff will share the final report with Council once it is received. This item will be removed from the agenda as a standing item and updates will be given to Council as necessary. New Business Parks and Trails Commission Brief discussion was held regarding the resolution and ordinance enabling a Parks and Trails Commission in the City of Corcoran. Council requested an amendment to Section 36.15 to read as follows: Recess Home Occupation Application Table Consideration of Application County Road 116/Transportation Issues New Business Parks and Trails Commission “The Commission shall make an annual written report to the City Council, not later than the last day of February of each calendar year, containing the Commission’s recommendations for the ensuing Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 6 year, and a summary of activities in the prior year.” MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2003 – 48, adopting No. 188 as amended, which establishes a Parks and Trails Commission in the City of Corcoran. Comprehensive Parks and Trails Plan – Consultant Services Discussion was held regarding consultant services to complete a comprehensive parks and trails plan. The City has received a proposal from Bonestroo, Rosene and Anderlik Engineering Services for consideration. Councilor Gageby concurred with the importance of completing a comprehensive plan for Parks and Trails in the City. Council directed staff to make appropriate contacts with qualified individuals to validate the cost and proposal as submitted. Flyer/Newsletter for September Open House Discussion was held regarding the public newsletter for the September Open House. Administrator Vergin advised that all maps are now available on the City’s website. Council suggested eliminating the two inserts and keeping the newsletter a double-sided 11 x 17 page, as well as other minor improvements. Staff Reports CSAH 19/Highway 55 Sewer Engineer Vander Top advised the he and Administrator Vergin met with the City of Medina two weeks ago regarding sewer services to CSAH 19 and Hwy 55 area. Bonestroo, Rosene and Anderlik Engineering Services is preparing a proposal to address sewer and water infrastructure in this area. The proposal will include the scope of the project, projected costs and a schedule of phased development. Mama G’s/City of Maple Grove Engineer Vander Top advised that he has been working with Jerry Butcher, City of Maple Grove, to identify costs associated with providing infrastructure services to the Mama G’s area. Butcher has received revenue projections based on three different scenarios. Staffs from both cities and the applicant need to determine what the needs are before the September 30, 2003 deadline. Engineer Vander Top also advised that the City has received a letter from the City of Maple Grove regarding a cost share agreement for potential improvement at the County Road 30/101 intersection. The improvement would begin with temporary traffic signals and additional improvements would be phased in over time. Council questioned if Maple Grove was cognizant of Corcoran’s bigger picture for that intersection, and requested copies of Adopt Resolution #2003 – 48 establishing Commission Consultant Services – Comprehensive Parks and Trails Plan September Open House Flyer/Newsletter Staff Reports CSAH 19/Hwy 55 Sewer Mama G’s/City of Maple Grove Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 7 correspondence between the City of Maple Grove and Hennepin County regarding timetables and project phasing. Council requested copies of any traffic studies completed for the residential areas north of County Road 30, and traffic counts at the intersections of County Road 30/101and intersections to the east. Ken Streeter, Streeter Companies, added that the traffic signals are a temporary solution and the City of Maple Grove may be forced to improve the area faster than they anticipate due to the current traffic issues at that intersection. Rush Creek Boulevard Engineer Vander Top advised that on August 13, 2003, he had met with County and Watershed representatives at the LaBerge property regar ding flooding issues in the area. Hennepin County will restrict flow through the culvert at County Road 30. This will not solve the problem completely. Additional culverts may be needed on Rush Creek Blvd. These types of drainage and flooding issues are a bigger policy issue, which the City is going to need to deal with as continued development occurs. Police Department Report Chief Schutte reported that the Police Department has increased traffic enforcement throughout the city, which has resulted in less traffic complaints received. The City has received notification that we will be receiving a joint Safe and Sober grant in the amount of $20,000 to be shared with the cities of Medina and Orono for 2003 – 04, and will also be receiving a $600 grant for alcohol compliance. Tobacco compliance checks have recently been completed. Summer events are almost completed for the season and Corcoran received mutual assistance from many local reserve units. Council requested that letters be sent to the Cities of Maple Grove, Medina, Mound and Rogers, to thank them for their assistance at Corcoran’s summer events. Chief Schutte will draft for review and signature by the Mayor. Clemons property Attorney Carson advised that criminal and civil complaints have been filed in regard to the cabin moved onto the Clemons property. Pre-trial for the criminal complaint is scheduled for August 22, 2003. The civil complaint is in default and Attorney Carson will be seeking an order requiring removal of the house from the property. A portion of the City’s legal fees could be recovered through the court action. Council Reports NW League of Cities Area meeting with Representatives Councilor Gageby advised that a meeting with Roger Scherer and Tom Weaver of the Met Council, County Commissioner Penny Steele, and Hennepin County Transportation Director Jim Grube, along with their respective staff members will meet with local representatives from the NW League of Cities on August Public Comment Rush Creek Boulevard Police Department Report Clemons Property Council Reports NW League of Cities Meeting Document 5.a. August 28, 2003 Agenda Drafted by Kary Tillmann, Clerk/Treasurer CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 14, 2003 8 27, 2003 to discuss issues relevant to the northwest area of Hennepin County. Invitations have been sent to elected officials and senior staff from all cities represented on the NW League. Discussion was held regarding who would moderate the session and it was suggested the Mayor Guenthner be asked to moderate. MOTION by Thomas, seconded by Bucher, and carried unanimously to close the meeting at 10:14 p.m. to discuss pending litigation. Those present during the closed session included Councilors Bucher, Gageby, Lymangood, and Thomas, Administrator Vergin, and Attorney Carson. Acting Mayor Gageby reconvened the regular meeting at 10:58 p.m. Attorney Carson reported that discussion was held regarding pending litigation involving a lawsuit filed against the City and other parties by HRUA and what action the City will take to defend the suit. Further review and discussion will take place at a future meeting. Continuation of Budget Workshop Councilor Gageby advised that the continuation of the budget discussion will be postponed until the next scheduled Budget workshop on August 28, 2003. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 11:00 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Closed meeting Reconvene Continuation of Budget Workshop postponed Adjournment