Loading...
HomeMy WebLinkAbout2003-10-23 Council Minutes - Part 2 CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 1 The Corcoran City Council met in regular session on October 23, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Gageby, Guenthner, Lymangood, and Thomas. Councilor Bucher was excused absent. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Code Enforcement Official Reger, and Planner Lindahl. Mayor Guenthner called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance to the flag. Mayor Guenthner expressed his appreciation to Acting Mayor Gageby for serving in the mayoral capacity during his absence in September and October. MOTION by Thomas, seconded by Gageby, and carried unanimously to approve the agenda with the following addition: • Pull consent agenda items i. and n. for separate consideration • Discussion regarding electronic files under Planning Commission Business Open Forum There were no requests from the public to speak during open forum. Consent Agenda MOTION by Gageby, seconded by Thomas, and carried unanimously to approve the consent agenda as follows: a. Approve the Council Ordinance Workshop Minutes of September 25, 2003, as presented. b. Approve the Council Budget Workshop Minutes of October 7, 2003, as presented. c. Approve the Regular Council meeting minutes of October 9, 2003, as presented. d. Approve the payment of claims #1836 - 1878, in the amount of $69,901.93, as presented. e. Accept the Budget Analysis for the month ending September 30, 2003, as presented, with the acknowledgement that Councilor Lymangood abstains from the approval of the investment report due a potential perceived conflict of interest because of the nature of his outside employment. f. Approve the following CIP Purchases: • Toshiba E-Studio Digital Copier from Minnesota Copy Systems, in the amount of $9,984.00, plus service contract in the amount of $0.135 per copy, with funds to be taken from the Equipment Certificates Fund (309). • Nilfisk Advance 21” Track Drive self propelled Scrubber, with brush attachment, in the amount of $4,682.80, with a 2 year labor and 3 year parts warranty, with funds to be taken from the Equipment Certificates Fund (309). g. Adopt Resolution #2003-66, providing support to the Highway 55 Corridor Coalition, and approve participation in the Coalition beginning January 1, 2004, with membership in the amount of $250.00. Call to Order Roll Call Pledge of Allegiance Acting Mayor Appreciation Agenda Approval Open Forum Consent Agenda Approval CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 2 h. Approve the Interim Use Agreement with Mama G’s Properties, LLC, maintaining the current use of the property until such time as utilities are available to develop the property in a commercially feasible and reasonable manner, subject to review of said agreement on an annual basis, or other times as needed, subject to the terms and conditions outlined in the agreement. j. Reschedule the November 27, 2003 City Council meeting for Thursday, November 20, 2003, due to the Thanksgiving Day holiday. k. Adopt Resolution #2003-67, approving the Septic Variance requested by Robert and Sharon Halvorson, for the installation of a septic system that does not meet the 10-foot setback requirement at 6795 Rolling Hills Road, as recommended by the Wastewater Commission. l. Adopt Resolution #2003-68, approving the Septic Repair requested by Edward and Deborah Roth, for the repair of a septic system at 19800 Olde Sturbridge Road, as recommended by the Wastewater Commission. m. Adopt Resolution #2003 – 69 authorizing the gambling application submitted by the Corcoran Lions for lawful gambling to be conducted at the 10-50 Club, 20115 County Road 10, Corcoran, as described in the application. Planning Commission Business Nursery and Greenhouse Ordinance Amendment Planner Lindahl provided an overview of the ordinance amendment restricting the operation of nurseries and greenhouses in the R-1 and A-1 zoning districts. On September 25, 2003, the City Council held a meeting with the local Greenhouse and Nursery owners to discuss the proposed ordinance changes. Approximately 10 individuals attended the meeting and discussion focused on access, lighting, and retail hours. Staff is recommending approval of the resolution amending the Zoning Ordinance related to nurseries and greenhouses. MOTION by Thomas, seconded by Gageby, and carried unanimously to adopt Ordinance #190, amending the Zoning Ordinance related to nurseries and greenhouses in the R-1 and A-1 Zoning Districts. Kemna Subdivision Discussion was held regarding consent agenda item 5.n. Kemna Subdivision. Planner Lindahl advised that the applicant, Ed Kemna, has requested approval of a preliminary and final plat for “Strehler Road Addition” at 22060 Strehler Road. The parcel is approximately 40 acres and the applicant owner is proposing to divide the plat into one 9.05-acre parcel and one 30.75-acre parcel with a proposed new home. The Planning Commission reviewed this application at their October 2, 2003 meeting, and voted unanimously to recommend approval of the preliminary and final plat with the condition the applicant remove the accessory buildings or increase the size of the Lot 2 to comply with ordinance limits on accessory structures, and that the applicant either adjust the lot line to meet the 100-foot setback for accessory structures, Nursery/Greenhouse Ordinance Amendment Adopt Ordinance No. 190 Kemna Subdivision CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 3 or remove the horses. The applicant chose to increase the size of Lot 2 in order to comply with both conditions. The applicant was also requested to provide a copy of the driveway easement, which indicated that the private driveway could serve a maximum of 2 houses. The house that the applicant intends to build would be the third house served by the private drive. Planner Lindahl conferred with City Attorney Carson, who advised that the driveway easement would have to be amended in order to service the third house. The applicant is also requesting approval of the building permit for the new home prior to the filing the final plat. Attorney Carson has advised against approving the building permit at this time because of several outstanding issues. Mayor Guenthner advised that he was not aware that there was a limit as to the number of houses that could be served by a private driveway. There are many in the City that do not conform to this regulation. MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve consent agenda item 5.n. as follows: n. Adopt Resolution #2003 – 70, approving the request for preliminary and final plat approval of “Strehler Road Addition” requested by Edward Kemna, with conditions, as recommended by the Planning Commission. Further discussion was held regarding the applicant’s request for approval of the building permit for the new residence. Comments were heard from the applicant, Ed Kemna, regarding approval of the building permit. Mr. Kemna was requesting approval due to the time of year and the need to be out of his existing home, which has been sold. Planner Lindahl advised that there are several outstanding issues, such as the conditions outlined in the resolution, the amendment to the driveway easement, and the drainage and utility easements need to be amended on the plat. She advised that these issues could be taken care of within a week, if the applicant worked quickly. Staff is expediting the process as much as possible, based on when information is received from the applicant. Council agreed by unanimous consensus that it was not appropriate to approve the building permit at this time because there is no demonstrated hardship and also due to the number of outstanding issues pertaining to the plat. Councilor Lymangood added that it would be appropriate to remind applicants of the timeframe and number of required approvals throughout the planning process, at the time applications are submitted. Approve Consent Agenda Item 5.n. Kemna Preliminary and Final Plat Consideration of Building Permit Approval CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 4 Electronic Files Administrator Vergin advised that this topic was discussed at the October 16, 2003 Special Council Meeting. Staff was requesting clarification on several points and asked Council to reiterate their discussion from that meeting. Councilor Gageby advised that his first impression was that this requirement would be placed on all applications and was concerned that it would cause an undue burden on some parties. However, agrees that the standard is not unreasonable. Planner Lindahl advised that single and two-family homes on existing properties would be exempt from the requirement. Also, simple land divisions creating two lots or less could also be exempt. The requirement would apply to most other types of planning applications, including Conditional Use Permits for accessory structures, plats, commercial developments, etc. Councilor Lymangood agreed that it would be a good practice to eliminate issues of accuracy on surveys and plans. However, expressed concern about setting one standard that would apply to all circumstances and having no flexibility. Questioned if exemptions or allowances could be granted and if Council would be the appropriate body to make that decision. Planner Lindahl agreed to draft standards and criteria pertaining to electronic files and a listing of circumstances that may be allowed an exemption for review and discussion at the next Council meeting. Comments were heard from Tom Cossette, 9200 Shannon Lane, who offered that Council should be mindful of what they are trying to accomplish by requiring electronic files as opposed to hand drawn documents, and suggested that in order to accept planning applications electronically, appropriate software and qualified staff are also necessary. Unfinished Business Framework for a New Understanding between Corcoran and Maple Grove Councilor Lymangood advised that he had drafted this document as a starting point for discussion with the City of Maple Grove regarding issues of mutual benefit of residents in both communities. In the past, Council had been addressing resident needs on an individual basis, however it seems appropriate to take a more global approach to issues that the two cities have in common. Slight revisions were suggested for the document. Council agreed by unanimous consensus that a joint working group is needed between the two cities outside of the Council setting. Councilor Lymangood will make the necessary changes and agreed to present the document to the Maple Grove City Council in the near future. Koble Agreement Discussion was held regarding consent agenda item i. Koble agreement. Administrator Vergin advised that there was a slight modification to item #3 of the agreement to state that at the time that sewer services are available in Corcoran, the Koble’s would disconnect from Maple Grove services and be Electronic Files for Planning Applications Public Comment Framework for a New Understanding between Cities Koble Agreement required to connect to Corcoran’s services. Maple Grove is agreeable to this change. Council was also advised that the Koble’s would have a separate agreement CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 5 with the City of Maple Grove. MOTION by Lymangood, seconded by Thomas, and carried unanimously to approve consent agenda item 5.i. as follows: i. Approve the Agreement with the City of Maple Grove to pr ovide sewer service to the property located at 9435 County Road 101, as amended, upon payment of the required charges of execution to the City of Maple Grove by the property owner, contingent upon approval of the agreement by the Metropolitan Council, with said agreement on file at the Corcoran City Office. New Business Parks & Trails Commission Review Process Councilor Lymangood advised that the Parks and Trails Commission (PTC) had taken action at their last meeting to review all development applicatio ns prior to their submission and review by the Planning Commission, on a one - year trial basis. He explained that the PTC would review and make a recommendation to the Planning Commission, which would also be included with the Planning Commission’s recommendation to the City Council. Extensive discussion was held regarding how this would affect the planning process and the timing for the applicant. Councilor Gageby suggested that a sub-committee on the PTC be developed to review applications simultaneously with the Planning Commission in an effort to save time or stream line the process. Council agreed by unanimous consensus to have the PTC develop the procedure for this review process, and provide a recommendation to the Council. Staff Reports Code Enforcement Quarterly Report Council reviewed the quarterly report submitted by Code Enforcement Official Reger, specifically addressing issues requiring additional attention, as listed on the final page of the report. Mayor Guenthner suggested that CEO Reger acquire the ATV ordinance from Washington County and possibly the City of Greenfield to assist in addressing snowmobile and ATV issues. In regards to fencing around swimming pools, Council was advised that the City would need to adopt the State code separately in order to enforce a fencing requirement for swimming pools. Council suggested that CEO Reger contact the City of Plymouth for further information and prepare a draft document for Council consideration at a later date. In-House Training Topics Administrator Vergin advised that staff is in the process of coordinating in- house training sessions for Council and Planning Commission this winter, and would like some direction on topics to be addressed. Possible suggestions Approve Consent Agenda Item 5.i. Agreement with Maple Grove Parks and Trails Commission Review Process Code Enforcement Officer Quarterly Report In-House Training Topics included processes for development, pitfalls, Council and Commission discretion, land use law, applications, impact fees, CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 23, 2003 6 variances, legalities, grand fathering, and legal non-conforming buildings and properties and channeled or structured growth. Council feels that staff is capable of providing the training, but questioned if it would be more cost- effective to have a 3rd party conduct the training. Council directed staff to check with the League of Minnesota Cities and other resources. MOTION by Thomas, seconded by Gageby and carried unanimously to adjourn the meeting at 8:08 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Adjournment