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HomeMy WebLinkAbout2002-09-12 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING SEPTEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\09.12.02 Council Minutes.doc 1 The City Council met in regular session on September 12, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, and Guenthner. Councilors Gmach and Thomas were excused absent. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Attorney Carson, and Engineer Vander Top. Mayor Guenthner called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Gageby, seconded by Bucher, and carried unanimously to approve the agenda as presented. There was one request by the public to speak during Open Forum. Dale Bisbee, 21540 Treeline Drive – Advised the Council that due to the recent rain, a great deal of gravel has been washing into the ditch on his property and subsequently up into his yard. He has contacted Public Works about the problem. Public Works has been out to his property to sweep the gravel from the property and the ditch area. Fresh dirt has been laid and the area will be re-seeded. Commends Public Works Director Meister and staff for the excellent job they have done to correct the situation and extends his thanks to Public Works for their hard work. MOTION by Bucher, seconded by Gageby, and carried unanimously to approve the consent agenda items, with the exception of 5a., as follows: 5.b Approve the Regular Council Meeting Minutes of August 22, 2002 as presented. 5.c Approve claims #3007 - 3071, in the amount of $142,316.97, as presented. 5.d Adopt Resolution #2002-60, setting the preliminary levy for the City of Corcoran for 2003 in the amount of $1,452,539, and scheduling the Truth in Taxation Public Hearing for Monday, December 2, 2002 at 7:00 p.m., with the reconvened hearing scheduled for Monday, December 9, 2002 at 7:00 p.m. 5.e Accept the Budget Analysis for period ending July 31, 2002, as presented. Discussion was held regarding consent agenda item 5.a - August 22, 2002 Comp Plan Workshop Minutes. Councilor Bucher felt that the definition of “downtown area” and “urban reserve” are not clearly defined in the minutes and would like a more accurate definition before the minutes are approved. MOTION by Bucher, seconded by Gageby, and carried unanimously to table consideration of consent agenda item 5.a until September 26, 2002. New Business Discussion was held regarding a proposed amendment to Ordinance No. 170, amending Section 10 of the Home Occupation Ordinance. Mayor Guenthner advised that this amendment stems from discussion that occurred during the Home Occupation Commission meeting held on August 15, 2002. This issue arose during consideration of a home occupation application that would qualify under the ordinance, but does not because of the number of part-time and full-time employees. The home occupation in question is a low impact business. Should Called to Order Agenda Approval Open Forum Consent Agenda Approval Consent Agenda Item 5.a Table consideration of August 22 Comp Plan Minutes Ordinance Amendment – Home Occupation Ordinance CITY OF CORCORAN REGULAR COUNCIL MEETING SEPTEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\09.12.02 Council Minutes.doc 2 the City consider employees based on a full time equivalent instead of number of employees. MOTION by Gageby, seconded by Bucher, and carried unanimously to table consideration of Ordinance No. 178, amending Section 10, Ordinance No. 170 Home Occupations within the City of Corcoran, pertaining to the number of allowable employees on-site or staging for work off-site, until the September 26, 2002 City Council meeting. Terry Forbord, Laurent Development, was present to discuss a concept plan for potential future development in the SE corner of Corcoran, based on the draft Comprehensive Land Use Plan. The concept plan consisted of several amenities, including green space, a trail system connecting to proposed City trails and a Homeowner’s Association park. Mr. Forbord emphasized that he creates neighborhoods, not subdivisions. No action taken. Administrator Vergin presented a proposed timeline for the RFP Process for Planning Services. At this time, the City has advertised for Requests for Propsals for Planning Services. The Planning Commission has appointed three members that would be available to serve on a Selection Committee. Council should appoint additional members and schedule a meeting date. RFP Deadline will be September 20, with review of applications and interviews to be completed by October 10, 2002. Council directed staff to proceed with the process and appointed Councilors Gageby and Guenthner to serve on the Selection Committee, with Councilor Bucher as an alternate. Unfinished Business Discussion was held regarding a concept plan submitted by Streeter Companies for the redevelopment of Mama G’s. The Council questioned whether it was appropriate to review the concept plan now. Ken Streeter, Streeter Companies, was present representing Mama G’s. Streeter advised that it was necessary to review the concept plan because there are issues that are currently preventing the redevelopment project from moving forward. The new Mama G’s is unable to rebuild with the existing 4” service line. Due to construction standards, they will need to have a 6” service line. There are also fire code issues which contribute to the delay. The Council is concerned with the existing structure being a sub-standard, non- conforming structure. It does not conform to City standards in its current state. To date, the Developer’s Agreement between the City and Mama G’s has not been fulfilled. Mama G’s is requesting an open-ended agreement and that is not acceptable. A short extension could be considered. Council also feels that a more specific timeline is necessary before any decision is made on an extension to the developer’s agreement Engineer Vander Top advised that there were three options that could be considered. The City could hold the Developer accountable to the current agreement, Mama G’s could be required to make the existing services work, or Table consideration of Ordinance No. 178 Terry Forbord, Laurent Development Request for Proposals – Planning Services Mama G’s Redevelopment CITY OF CORCORAN REGULAR COUNCIL MEETING SEPTEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\09.12.02 Council Minutes.doc 3 wait until there are improved services to Mama G’s by way of sewer and water extension from Maple Grove. Suggested contacting the City of Maple Grove to determine the feasibility of extending improved services to the area. Planning Commissioner Anderson, seated in the audience, questioned if the Planning Commission would be involved in the approval process for the redevelopment. Streeter advised that this was just a concept plan and right now, their main concern was the developer’s agreement. When all the issues were worked out with Corcoran and the City of Maple Grove, they would follow the appropriate process and the Planning Commission would be involved. Attorney Carson advised that the Council would not have to declare a default on the agreement at this time. The Council agreed by unanimous consensus to allow incremental extension to the agreement. Staff was directed to provide a progress report, including a project timeline, at the September 26, 2002 meeting, with the developer back before the Council on October 24, 2002. Planning and Home Occupation Applications Discussion was held regarding Home Occupation Public Hearings held on August 15, 2002. The first application to be reviewed was for Donald and Kristi Feltl. Administrator Vergin advised that to date, the City had not received the required sketch drawing for parking and storage on the site. MOTION by Bucher, seconded by Gageby, and carried unanimously to table consideration of Resolution #2002-62, for the Conditional Home Occupation License for Donald and Kristi Feltl, 7885 Kalk Road, for the purpose of conducting a landscape, lawn mowing and snowplowing business, until such time as the necessary documentation is received by the City. MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution #2002-61, approving the Conditional Home Occupation License for Rollie and Cami Waag, 10409 County Road 101, for the purpose of conducting an outside storage business, as recommended by the Corcoran Home Occupation Commission, based on the findings of fact on file at City Hall, and with the following conditions: 1. The CHOL is issued to Rollie and Cami Waag at 10409 County Road 101, and is not transferable. 2. Storage shall be limited to campers and boats, not to exceed ten units. 3. No signage advertising the business or other businesses shall be allowed on the site. 4. The site must comply with all Federal, State, and City regulations. 5. The City will review this license 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 the license. Table consideration of Resolution #2002-62 – Donald and Kristi Feltl Home Occupation License Adopt Resolution #2002-62 – Rollie and Cami Waag Home Occupation License CITY OF CORCORAN REGULAR COUNCIL MEETING SEPTEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\09.12.02 Council Minutes.doc 4 MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution #2002-63, approving the Conditional Home Occupation License for Vic Peppe, 22840 Strehler Road, for the purpose of conducting a cable burying business, as recommended by the Corcoran Home Occupation Commission, based on the findings of fact on file at City Hall, and with the following conditions: 1. The CHOL is issued to Vic Peppe at 22840 Strehler Road, and is not transferable. 2. No signage advertising the business is permitted on-site or off-site, except that signage is permitted on the equipment. 3. Any equipment stored or parked on-site shall be within the accessory structure, or screened from public view. 4. One employee shall be permitted. 5. Applicant shall abide by and remain in compliance with all applicable Federal, State and City rules and regulations. 6. Vehicles shall be limited to those identified on the application, or similar in character. 7. The semi shall be permitted on-site for winter storage only. 8. This license shall be reviewed by the City every three years from the date of issuance for a determination that the existing Home Occupation still warrants the issue of the license. 9. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modification of the license. MOTION by Gageby, seconded by Bucher, and carried unanimously to table consideration of Resolution #2002-64, for the Conditional Home Occupation License for Pamela Nygren-Olson, 6517 Hunter Road, for the purpose of conducting a business providing interpreting referrals, until such time as an amendment to the Home Occupation Ordinance regarding employees is adopted by the City Council. Discussion was held regarding the request for a conditional use permit (CUP) by James Clemons and Mike Clemons Trucking. Attorney Carson advised that this was an unusual case that has been pending for several years. It was not clear in the original application what the owners were requesting and there was a hiatus in consideration of the CUP while information was gathered and the issue was going through litigation. The requestor is seeking approval of a Conditional Use Permit to operate a commercial landscape business in an R-1 zone, which is not allowed even with a CUP. However, it is an allowable use in the C-2 zone with a CUP. Attorney Carson also advised that there was no part of the current code that allowed for an extension of the original cease and desist order, but that the Council could allow the Clemens to phase the business out of the R-1 over a period of time. Suggested by March 1, 2003. MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution #2002-65, denying the request for conditional use permit submitted by James Clemens and Mike Clemens Trucking, based on the findings of fact on file with the City Clerk’s Office, as recommended by the Planning Commission and Staff, and further directed Staff to contact the applicant (James Clemens and Mike Clemens Trucking) that they would be allowed until March 1, 2003 to move the business out of the current location in the R-1 District. Adopt Resolution #2002-63 – Vic Peppe Home Occupation License Table consideration of Resolution #2002-64 – Pamela Nygren-Olson Home Occupation License Clemens Conditional Use Permit Adopt Resolution #2002-65 – Denial of Clemens Conditional Use Permit CITY OF CORCORAN REGULAR COUNCIL MEETING SEPTEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\09.12.02 Council Minutes.doc 5 Staff Reports Engineer Vander Top was present to discuss the Elm Creek 2nd Generation Plan. The purpose of the Watershed Management Plan is to protect, preserve, and manage surface water and groundwater resources, as well as managing public resources to study, control and correct flooding and other water quality problems while educating the public on pertinent water resource management issues. The plan has ramifications for the community and the City needs to review the plan and provide comments to the Elm Creek Watershed. Discussion will continue regarding the plan at the September 26, 2002 City Council Meeting. Administrator Vergin discussed concern about the lighting of the entrance sign at the south driveway of City Hall. Concerns have been raised by the Planning Commission that the lighting appears to look like oncoming traffic and can be very deceptive at certain times of the morning and evening. Planning Commissioner Anderson also advised that the lighting on the sign would also violate the Sign Ordinance currently being drafted by the City. The Council directed Staff to proceed forward to resolve the lighting of the sign. . Councilor Bucher advised that the Facility Committee would provide a formal presentation of the City Hall expansion project to the Council in October 2002. Administrator Vergin advised the Council that the Code Enforcement Official had been hired and would be starting employment with the City on Monday, September 23, 2002. MOTION by Bucher, seconded by Gageby, and carried unanimously to adjourn the meeting at 9:17 p.m. _____________________________ Kary Tillmann, City Clerk Elm Creek 2nd Generation Plan City Hall Entrance Sign Lighting Facility Plan Code Enforcement Official Adjournment