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HomeMy WebLinkAbout2003-11.20.03 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 1 The Corcoran City Council met in special session on November 20, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood, and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Public Works Director Meister, Planner Lindahl, and Engineer Vander Top. 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 modifications: • Remove approval of claims from the consent agenda – there are no claims for consideration at this meeting • Fire Advisory Meeting Report • Highway 55 Coalition Meeting on November 21, 2003 • Update on cabin on Clemons property 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 as follows: a. Approve the Council Budget Workshop Minutes of November 12, 2003, as presented. b. Approve the Regular Council meeting minutes of November 13, 2003, as presented. c. Approve the purchase a John Deere 1565 Commercial Front Mount Mower from Scharber and Sons, Inc., through the State contract, in the amount of 22,679.94, from the 2004 CIP plan, to include the trade-in of the 1990 Toro mower. d. Adopt Resolution #2003 – 75, approving the Conditional Use Permit for James and Linda Comb, 6280 Willow Drive, to allow more than 3,175 square feet of accessory building area, with a sidewall height of 15.5 feet, as recommended by the Planning Commission. e. Reschedule the December 25, 2003 City Council meeting for Thursday, December 18, 2003, beginning at 6:00 p.m., due to the Christmas holiday, as recommended by staff. Planning Issues Hicks Moratorium Exemption Planner Lindahl advised that Hicks Concrete, Inc. has requested an exemption from the subdivision and development moratorium to construct a 6,400 square foot addition to existing office space and warehouse areas for indoor vehicle and equipment parking and storage of materials that are currently stored outdoors. The 2.3-acre site is located west of Commerce Street and south of Auger Avenue. The Planning Commission reviewed this request at the November 6, 2003 meeting and is recommending approval. Call to Order Roll call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Approval Hicks Moratorium Exemption CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 2 Councilor Thomas questioned if the expansion would make the business a legal non-conforming structure since it would not meet the setback requirements under the draft ordinance. Also questioned the need for expansion at this time. Mayor Guenther suggested that allowing this expansion would move the City closer to the vision for the area. Feels that the addition is consistent with the long-term objectives for the district. Councilor Lymangood suggested that Council consider a 20-foot setback in the ordinance as opposed to the 25-foot setback currently in the draft ordinance. Suggested that the applicant provide screening on the west side to screen the future view from the residential area. The following public comments were heard: John Spaeth, 7525 Commerce Street -- Questioned how the Council could limit the amount of equipment stored outside. Steven Hicks, Hicks Concrete, 7545 Commerce Street – Advised the Council that this was a good time for the business to expand. They feel they have too much equipment stored outside and they would like to move it inside. The expansion would reduce the amount of outside storage by the business. MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2003 – 76, approving the moratorium exemption for Hicks Concrete, Inc., based on the findings of fact, on file with the City Clerk’s Office, and recommended by the Planning Commission. Kuehn Sketch Plan Planner Lindahl advised that Terry Kuehn has requested a sketch plan review for a proposed lot division for the 15-acre parcel located in the southwest quadrant of Strehler Road and County Road 19. If the property had access to a paved road, or pave Strehler Road, he would be allowed 2 building rights for the property. While the property is adjacent to County Road 19, the County has indicated that they would not allow a new access onto County Road 19 and may work to eliminate the existing field access. Mr. Kuehn has requested that the City Council review his application to create two lots with access onto Strehler Road (a gravel road) and provide him direction prior to submission of a formal development application. The former City Planner told the applicant that he had two building rights on this property because there was frontage on County Road 19. However, City ordinance requires access onto the paved road, not just frontage. Further, Planner Lindahl advised that the applicant would be required to plat the property, as it would not meet the minimum lot size requirements. The City could require road right of way and trail easements for as part of the platting process. Mr. Kuehn is aware of the impact of the easements he would be Public Comment Adopt Resolution #2003 – 76, Approving Moratorium Exemption Kuehn Sketch Plan CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 3 required to give the City and County. It is not feasible for Mr. Kuehn to pave Strehler Road in order to obtain an additional building right at this time. The Planning Commission reviewed this application at the November 6, 2003 meeting and recommended that the City Council not allow a second building right on this 15-acre parcel because the landowner would not be able to provide access onto a paved road as required by the ordinance. Mayor Guenthner advised that misinterpretation of the ordinance by staff does not bind the City. Councilor Thomas stated that he was sympathetic to the situation. Councilor Lymangood added that at some point, the City needs to look at the situation from the owner’s point of view. The May 25, 2001 letter from NAC tells Mr. Kuehn that he has two building rights. If the owner is willing to offer the right of way, some flexibility should be allowed. Planner Lindahl will discuss the situation with the City Attorney to determine an appropriate resolution, and advised that this discussion does not indicate Council’s approval of a plat if the applicant chooses to move forward with the platting process. Minks Sketch Plan Lyndon Minks has requested a sketch plan review for a proposed lot line adjustment for two parcels. The property consists of one 6.21-acre parcel (Parcel B) with a home and one vacant 15.21-acre parcel (Parcel A) with no building rights. The applicant is proposing a lot line adjustment that would make both parcels approximately 10 acres in size. Because the applicant had previously subdivided the property by metes and bounds, this new lot line adjustment would require the applicant to plat the property. Mr. Minks has requested that the Council review the application and provide direction to the landowner prior to submission of a formal development application. Planner Lindahl further stated that the applicant owns the parcel with another party and are moving in the near future. The land division would make both parcels approximately the same size. The Planning Commission reviewed this item at the November 6, 2003 meeting and expressed support for the concept plan, and suggested several conditions as part of the preliminary and final plat applications. The Parks and Trails Commission would work with the applicant in an attempt to preserve a Maple Basswood Forest and wetland on the property. Mayor Guenthner suggested that the applicant consider increasing the driveway easement from it’s current 35 feet. Engineer Vander Top advised that could be done through the platting process. Developer Interaction/Implementation Schedule Discussion was held regarding the implementation schedule prepared in February 2003. Adoption of the Zoning and Subdivision Ordinance was tentatively set for January 2004. However, the original scope of the work has Minks Sketch Plan Developer Interaction and Implementation Schedule CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 4 changed to include the addition of an updated Parks and Trails plan and park dedication policy expected to be completed in early 2004. If the subdivision ordinance were adopted in January, it would need to be amended in March to reflect the Park Dedication policies. Councilor Thomas advised that it would be counterproductive to have to amend the ordinances soon after adoption and feels it is prudent to wait to adopt the ordinance until everything completed. Council agreed by unanimous consensus to amend the implementation plan as recommended by staff. Further discussion followed regarding developer interaction and tours of local developments. Council agreed by unanimous consensus that it would be most appropriate for staff to provide a listing of developments to be reviewed, including examples or guidelines of what to look for, and have the Council review the listing on personal time rather than as a group. Requested that staff provide positive and negative points of projects to be reviewed and acquire Planning Reports from communities those projects are located in. Council directed staff to invite developers to the January special Council meeting through the Builders Association, to review the residential development standards in the draft Zoning Ordinance. Unfinished Business Kemna Building Permit Request Administrator Vergin advised that the title issue that was cause for concern had been resolved and the applicant is able to file the plat with the County Recorder. There was no need for council action at this time. Councilor Lymangood requested that in future similar situations, it would be helpful to the Council have to have written documentation supporting the applicant’s request or need. New Business Surface Water Management Policies Engineer Vander Top was present to facilitate discussion with the Council regarding Surface Water Management. Also present was Bob Barth, Sr. Water Resource Manager, Bonestroo, Rosene and Anderlik. Vander Top’s staff report outlined example issues from the City, which have been categorized according to how they are currently resolved or not resolved. Vander Top presented a map indicating locations in the city where water issues have been identified and addressed. The four general categories of surface water management include the following: Floodplain Management addresses building of or filling of floodplain areas. Drainage Management includes ditches, local swales and drainage ways, right-of-way and road ditch maintenance, drainage and utility easement protection, and culvert maintenance. Amend Implementation Schedule Developer Interaction and Discussion Kemna Building Permit Surface Water Management Policies CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 5 Wetland Protection includes area wetlands Water Quality Management, which is not seen much because there aren’t many lakes in Corcoran. Vander Top has also identified specific categories of surface water management that the City has addressed in the past, including the following: Single Property issues – These issues may not be as familiar to Council, as staff and property owners routinely handle them. For example, creating ponding to address drainage issues on a property or upgrading driveway culverts to decrease flooding. Council suggested that the City should also provide reasonable guidance and/or be a resource for education as needed. Water Quality issues – Corcoran has not had much experience with this type of issue. It relates to the appearance of a body of water. For example, an algae bloom on a pond would be a water quality issue. Most often these types of issues are aesthetic as opposed to a health and safety issue. The City would not participate financially if the improvement is aesthetic, but may coordinate an improvement project through an assessment process. Engineer Barth advised that a feedlot, which is primarily an agricultural issue, would also affect water quality, due to fertilizer runoff. It may not be apparent that there is a water quality issue, due to the size or the number of properties involved. This would also determine what permitting agencies are involved (i.e. City Staff, PCA, County, etc.). Wetland Protection/Mitigation – The Elm Creek Watershed (ECWS) is currently the LGU for all Wetland Conservation Act (WCA) matters. From time to time, the City will encounter projects requiring mitigation, violations, or receive complaints. This is an excellent service provided by the Watershed. In the future, it may be in the City’s best interest to take over as the LGU. Right now, the City does not have a surface water plan in place so the ECWS reviews development plans for conformance. Comments were heard from Dennis Stieg, former ECWS Commissioner, who stated that Corcoran is one of eight communities that use the Watershed for development plan reviews. They do a good job for the City. Water Quantity/Erosion in the Public ROW – Occasionally, the City will receive complaints regarding plugged or damaged culverts. There are also some locations in the City where steep road ditches create on-going erosion issues. Staff will continue with the current approach of addressing as funding allows. New development impacting drainage – Typically, new development in Corcoran occurs adjacent to rural property. The city currently enforces policies pertaining to post development run off rates, drain tile, accommodation of CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 6 existing drainage and alterations to drainage patterns on adjacent properties. However, issues do arise where there is a perceived change to drainage rates and patterns to adjacent properties. There have been several examples in the City in recent years. Flooding/Drainage Impacts on Multiple Properties -- This is the most difficult issue facing the city at this time, and results in the most unresolved issues. There are generally five conditions common to some or all types of these projects, and two or more conditions present tends to create an environment such that it is difficult to resolve the issue. This category can be further broken down based on past City approaches, including if public roads/infrastructure are involved, project stakeholder involvement, opportunity for a public improvement project, private issues between two parties and multiple party involvement. Most often, financing becomes the main issues. Those financed by individual property owners or the Public Works general fund budget usually are completed. Those larger in scope are not completed as quickly because they lack financial means. Staff is recommending at this time that a comprehensive map of the drainage system be completed and that potential improvement projects be identified along with estimated costs in 2004. Mayor Guenthner added that storm water issues need to be addressed in the community. The challenge is to create the resources and find a way to complete the projects. Storm water utility fees are an option for financing, which could be assessed to property owners much like the current recycling fee is assessed. Councilor Lymangood suggested that the City develop a 5-year Capital Improvement Plan to address water issues based on identified priorities, so that we have a formal mechanism in place to address these types of issues. Council agreed that the City’s needs a comprehensive plan to address water issues in the City. Comments were heard from Gene Kissner, 22105 County Road 50, regarding a drainage issue on his farm property since the construction of Rolling Hills Road. Staff Reports Dialogue with the City of Maple Grove Councilor Lymangood advised that he had attended the Maple Grove City Council meeting on November 17, 2003, to discuss the Framework for New Understanding between the two cities. He addressed the Council during the open forum portion of the meeting and will be placed on the agenda for the December 1, 2003 meeting. Staff received information after the Council meeting that this agenda item will be addressed on December 15, 2003. Fire Advisory Report Mayor Guenthner advised that the Fire Advisory Group met on November 19, 2003 and included representatives from the City of Medina Council, Staff, and Police Department, as well as the Hamel Fire Department. Dis cussion centered Public Comment Dialogue with City of Maple Grove Fire Advisory Report CITY OF CORCORAN CITY COUNCIL MEETING NOVEMBER 20, 2003 7 on what is the best way to provide fire services to the City of Corcoran. Councilor Lymangood added that the current model will not be efficient as the Comprehensive Land Use Plan develops. Quality fire service includes quality equipment, availability and training of fire department members and the proximity of equipment. The group has requested a copy of the contract between the Cities of Medina and Long Lake and directed staff to modify that agreement to suit Corcoran’s needs in relation to Corcoran, Medina and Hamel. The group will be meeting with representatives of the Hamel Fire Department in January 2004, and on a quarterly basis. Brief discussion was held regarding a substation in the NE quadrant of Corcoran for the Rogers Fire Department. Highway 55 Coalition Meeting The Highway 55 Coalition meeting will be held on Friday, November 21, 2003 at 9:30 a.m. Administrator Vergin will attend on behalf of the City of Corcoran. Cabin on Clemons Property Administrator Vergin advised that a court hearing was held earlier today regarding the cabin on the Clemons property. The suit was settled. Clemons will pay a fine and the cabin will be moved on December 3, 2003. All appropriate permits are in place. Meeting with United Properties Mayor Guenthner advised that he and Engineer Vander Top would be meeting with representatives of United Properties on Wednesday, November 26, 2003, at 7:00 a.m. at City Hall. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:24 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Hwy 55 Coalition Meeting Cabin on Clemons Property Meeting with United Properties Adjournment