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HomeMy WebLinkAbout2002-11-26 Council MinutesDocument 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 1 The City Council met in regular session on November 26, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Gmach, Guenthner and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Planner Solberg, Engineer Vander Top, Attorney Carson, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 6:59 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Gmach seconded by Thomas and carried unanimously to approve the agenda with the following additions: • Discussion regarding January 9, 2003 Organizational Meeting Open Forum – There were two requests by the public to speak during open forum. Greg Ebert, 6503 County Road 101, Corcoran – presented a brochure that he had received from the City of St. Michael for recruiting businesses to that City. Given to Administrator Vergin for future reference for the City of Corcoran. Dan Lange, 9515 County Road 19, Rogers – Expressed concerns about water retention on his property from the Kidnation development and how the Council’s decisions influence city residents. MOTION by Gageby, seconded by Gmach and carried unanimously to approve the consent agenda with the exception of items 5.a and 5.b, as follows: 5.c. Approve claims #3278 - 3308, in the amount of $34,871.53, as presented. 5.d. Adopt Resolution #2002-79, Certifying 2002 delinquent recycling fees to the Hennepin County Auditor for collection in 2003. 5.e. Adopt Resolution #2002-80, extending preliminary plat approval for the Pouliot Addition, a one lot subdivision located in the south half of the southeast quarter of Section 30. 5.f. Authorize the Public Works Department to begin the process of hiring a Public Works Maintenance Worker, to start employment with the City after January 1, 2003. Discussion was held regarding the Council workshop minutes of November 14, 2002. Councilor Bucher requested clarification regarding the Police Labor Union agreement. To clarify, council did not rescind their offer to the union because the City had made no formal offer. Instead, directed Administrator Vergin to communicate to the Union that negotiations would not proceed since there was a threat of arbitration on behalf of the union. Also requested clarification regarding the CIP plan for Public Works. Requested that staff create a capital equipment plan, which includes a depreciation schedule for all equipment, as well as a replacement plan (CIP). MOTION by Thomas, seconded by Bucher, and carried unanimously to approve item 5.a of the consent agenda as follows: 5.a. Approve the Council Workshop Minutes of November 14, 2002 as amended. Call to Order Agenda Approval Open Forum Consent Agenda Approval Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 2 Approval of 11/14/02 Workshop Minutes Discussion was held regarding the Regular Council minutes of November 14, 2002. MOTION by Bucher, seconded by Thomas and carried unanimously to approve item 5.b of the consent agenda as follows: 5.b. Approve the City Council Regular Meeting Minutes of November 14, 2002, as presented. Planning Commission Werder Variance Application Planner Solberg provided an overview of the Werder variance request. The Werders submitted an application for a variance to allow stabling of up to four (4) horses on their property and to construct an accessory building that is 1,525 square feet in size. The Werders are requesting a variance because when they purchased their property, the lot was represented and recorded as being 3.3 acres in size, when it is actually 2.1 acres. They purchased the property with the intent of stabling up to four horses. The Corcoran Planning Commission held a public hearing regarding this request on November 7, 2002. The Planning Commission recommended granting the variance because they felt that the application met the hardship requirements set forth in the Zoning Code. The following discussion ensued. There currently are two horses on site. Questioned what kind of shelter was on site for those two horses before the application being submitted, as City Code requires 100 square feet of shelter per animal. The property is approximately one-third wetland. There are also issues with setbacks and manure management on the property. Council feels that some flexibility should be allowed to the applicant because they purchased property on good faith that it was over 3 acres in size and purchased specifically for horse use. The applicant also came forward when they discovered that it was not. However, Council feels that the legal standard of a variance has not been met in this situation. There are other properties in the development that are in the same situation (misrepresentation of size at the time of purchase) and Council feels that making an exception in this case could compound problems for other neighbors in the future in regards to setbacks and manure management, etc. Council needs to take the rights of neighbors into consideration as well. MOTION by Thomas to approve the allowance of up to three horses on the property and allow the construction of an accessory building of 1,225 square feet according to the Zoning Code. Motion died for lack of a second. Comments were heard from Jon and Sheila Werder, 23160 Meadowview Drive. They discovered the error when researching requirements for building an accessory building. Hennepin County Property Tax listed the property as being 2.1 acres in size. They would not have purchased the property if they had known the true size. They feel that they should not be penalized for someone else’s Approval of 11/14/02 Council Minutes Werder Variance Application Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 3 Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 4 mistake. The neighbors are supportive of their having horses on the property. Have not received any negative comments from neighbors. Attorney Carson reminded that a variance is attached to a property indefinitely. Advised that the Council could enter into some type of agreement for stabling and an accessory building with the Werders that would sunset if the Werders ever sold the property. This agreement could address stabling, setbacks, manure issues, etc. Mayor Guenthner advised that the City wants to come up with a solution that is fair to all parties involved and is willing to work with the applicant to develop such an agreement. MOTION by Gmach, seconded by Gageby, and carried unanimously to deny the application for a variance submitted by Jon and Sheila Werder because it does not meet the hardship requirements as outlined in the Zoning Code. Milow Electric Expansion Planner Solberg provided an overview of the Milow Electric variance/site plan amendment request. Milow Electric has submitted an application for a variance and site plan amendment to allow the expansion and remodeling of an existing office building, expansion of an existing storage building and additional parking at 20201 County Road 50.There are currently two buildings located on the site, an office building and a storage building. The Corcoran Planning Commission held a public hearing regarding this request on November 7, 2002, and recommended that the application be approved because is meets the threshold for exemption from the moratorium ordinance and hardship requirements set forth in the Zoning Code. Planner Solberg feels that the application is not complete, and advised that the applicant will not submit more detailed plans until it is determined that they are exempt from the moratorium ordinance. MOTION by Thomas, seconded by Gmach, and carried to approve the exemption from the moratorium ordinance for Milow Electric. Roll call: Bucher, aye, Gageby, naye, Gmach, aye, Guenthner, aye, Thomas, aye. Motion carried. The following discussion ensued. Questioned if the property was being overbuilt since it is a small lot (approximately one acre). This is an opportunity to upgrade the appearance of an existing business. Would like to keep businesses in the City so they do not feel compelled to relocate out of Corcoran. Questioned if a Planned Unit Development (PUD) would better address this project, however, Corcoran does not have such an ordinance in place. Comments were heard from the following: Jim Milow, Milow Electric -- There are currently 32 employees and 6 office staff in the current building and they are running out of room. Does not want to relocate to another site and is willing to do what it takes, work with the City, to improve the look of the current buildings. Roy Popilex, 20625 County Road 30 Rogers – Why couldn’t this project be done as a PUD? Corcoran does not have a PUD ordinance at this time. Denial of Variance Request Milow Electric Expansion Approve exemption from moratorium ordinance Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 5 Greg Ebert, Ebert Construction, 23350 County Road 10, Loretto, -- The storage building and office remodel on this project go together. This project would bring the entire front to current code. Accessory structure would be constructed to match the office building. Engineer Vander Top advised that City is looking for a solution t hat would be equitable to all parties involved. Recommended discussion with City Staff (Planner, Engineer, Administrator and Attorney) and the applicant to figure out the best solution. Attorney Carson advised that a PUD ordinance could be put together in approximately 45-60 days and would provide a vehicle for the city and the applicant to do what is necessary to move forward with this project, if the applicant is willing to waive the 60-day rule. MOTION by Bucher, seconded by Thomas, and carried unanimously to table consideration of the Milow Electric variance/site plan amendment request; enter into an agreement with the applicant to waive the 60 day rule; direct Staff to develop a model PUD ordinance and timeline for adoption; and appoint Councilors Gageby and Thomas to meet with representatives from Milow Electric to explore options for this project. G & M Properties Conditional Use Permit/Site Plan Amendment Planner Solberg provided an overview of the G & M Properties Conditional Use Permit/site plan Amendment request. G & M Properties has submitted an application for a CUP and site plan amendment to allow the expansion of an existing office building, construction of an additional accessory building and additional parking at 23350 County Road 10.There are currently five buildings located on the site. The Corcoran Planning Commission held a public hearing regarding this request on November 7, 2002, and recommended that the application be approved because is meets the threshold for exemption from the moratorium ordinance and hardship requirements set forth in the Zoning Code. Planner Solberg feels that the application is not complete, and advised that the applicant will not submit more detailed plans until it is determined that they are exempt from the moratorium ordinance. This application has been submitted to the Hennepin Conservation District and Hennepin County for review and comment. Comments were heard from Greg Ebert, G & M Properties – Would like to start on the office expansion as soon as possible and construct the footbridge in the winter upon a recommendation from the Hennepin Conservation District. Ebert owns the property immediately to the east of the site and may combine the two sites in the future. MOTION by Gageby, seconded by Gmach, and carried unanimously to approve the exemption from the moratorium ordinance for G & M Properties. Councilor Gmach questioned if setbacks to the east would be adequately met and if the applicant would be willing to replat the existing proper ty to include appropriate setbacks if the property to the east was sold. Ebert was agreeable to such an agreement. Setback to the east is 35 feet. Table consideration of variance/site plan amendment request G & M Properties CUP/site plan amendment Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 6 Approve exemption from moratorium ordinance MOTION by Bucher, seconded by Gmach, and carried unanimously to table consideration of the G & M Properties CUP/site plan amendment request until December 12, 2002, to allow staff and the applicant an opportunity to develop an agreement incorporating the re-plat of the existing site to meet appropriate setbacks if the property immediately to the east is sold by the owner/applicant. Unfinished Business Attorney Carson provided an overview of the new Developer’s Agreement between the City of Corcoran and Mama G’s. Advised that there was a slight revision to Item #3 to make it consistent with reference to the development of the entire corner. Streeter Companies is comfortable with the agreement as amended. Comments were heard from Ken Streeter, Streeter Companies, who distributed a revised concept plan in the event that the intersection of County Road 101 and County Road 30 is realigned. MOTION by Gmach, seconded by Bucher, and carried unanimously to approve the Developer’s Agreement between the City of Corcoran and Streeter Companies for the re-development of Mama G’s as presented, and authorize the Mayor and Administrator to sign said agreement, on file in the City Clerk’s Office. Discussion was held regarding correspondence received from the HRUA prior to the November 14, 2002 Council Meeting. Council agrees that a resolution to this issue is necessary. The City’s position has been clearly demonstrated. It was requested that HRUA provide an adequate number of copies of any further correspondence to the City. Council questioned if HRUA was still in violation regarding permits for their two demo sites. Vergin advised that permits had been applied for, but not yet approved by the Building Inspector. It is clear from documentation that HRUA violated the City’s ordinance and that the City has the right to enforce that ordinance. There are no exceptions to City ordinance that work cannot be performed without a local permit. Administrator Vergin distributed a letter received from HRUA immediately prior to this Council meeting, which would be considered at the December 12, 2002 meeting if necessary. Comments were heard from Bill Halverstadt, 6420 Old Settlers Road, Corcoran – Feels that the rhetoric has gone on long enough. HRUA agreed in July to pay the permit fees under protest. Feels that information is missing from the Findings of Fact drafted by Attorney Carson. Language in their license was eliminated by the MPCA so HRUA thought that they did not have to comply with City rule regarding permitting. Mayor Guenthner declared a recess at 9:01 p.m. and the meeting was reconvened at 9:07 p.m. Discussion was held regarding the 2003 proposed Police Department budget. After the last budget workshop, Council requested additional information to substantiate the hiring of an additional police officer. At this time, Council does not feel that there is enough data to warrant such hiring. Even though the funding has been allocated in the budget, Council is not willing to commit it to a salary position at this time. The money will stay in the budget and is allocated for law Table consideration of CUP/site plan amendment until 12/12/02 Mama G’s Development Agreement Approve amended Developer’s Agreement with Mama G’s HRUA Correspondence Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 7 Recess 2003 Police Department Budget enforcement. Chief Schutte advised that he appreciates the support of the City Council and that the Police Department wants to maintain the level of service that the public is accustomed to. Advised that the COPS grant expires on January 31, 2003. Councilor Gageby expressed concern about the City not taking advantage of the grant that is currently available. Feels that the City should be pro-active in law enforcement instead of reactive and would like to see more Corcoran Police Officers patrolling instead of Hennepin County Deputies. Council requested that Chief Schutte request an extension to the grant and report back at the December 12, 2002 meeting. Administrator Vergin advised that the Truth in Taxation hearing is scheduled for Monday, December 2, 2002, with the continuation hearing set for Monday, December 9, 2002 if necessary. New Business Discussion was held regarding a draft sign ordinance for the City of Corcoran. The Planning Commission reviewed the ordinance at the November 7, 2002 meeting. Commissioner Lymangood was present representing the Planning Commission and advised that the ordinance is very comprehensive in nature, but there is some disagreement on the Planning Commission regarding how comprehensive the ordinance needs to be. They are requesting feedback from the Council. Feedback included that “rural” be replaced with “Character identified in the Comp Plan”; concern with double face versus v-shaped square footage calculations; clarify #8 on page 15; clarify 13.b. on page 17; zoning should identify where the types of signs can be permitted; should address temporary signs in right-of-ways; real estate signs should be restricted to the property that is for sale; identify the current needs of the city and deal with those. No action taken. Reports Engineer Elm Creek Interceptor -- The Met Council is currently soliciting bids for engineering services to design their facility. Timelines and schedules could change as they go through the design process. NPDES Update – The City has contributed $5,000 towards the development of this guide plan, and most likely will be receiving a portion of that money back. The plan pertains to how the City handles storm water. Engineer Vander Top will arrange a meeting with Administrator Vergin, Public Works Superintendent Meister and Randy Neprash, Bonestroo Engineering, to do a self- assessment and plan what the City needs to do and estimate how much it will cost. An internal work plan will be drafted and report will be provided to the Council by January 9, as the self- assessment must be submitted by March 10, 2003. Administrator TIF Modification Plan -- Advised that it is important that the City revisit the existing TIF plan periodically and make appropriate modifications to be sure that we are utilizing TIF as much as we can. The intent of the modified plan is to be better able to utilize TIF funds to create and generate a broader tax base. The process required for the modification includes a presentation before the Planning Commission to be sure that projects meet the intent of the City’s Comprehensive Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 8 Draft Sign Ordinance Elm Creek Interceptor NPDES Update TIF Modification Plan Land Use Plan. That recommendation will then be forwarded to the City Council and a public hearing will be held on December 19, 2002 for public comment. Comprehensive Land Use Plan – Has been accepted by the Met Council as complete. It will be presented to the Livable Communities Committee on December 2, 2002 and then the Met Council on December 11, 2002. Mayor Guenthner will report to the Council at the December 12, 2002 meeting. Attorney Xcel Energy Franchise Agreement -- Expires at the end of this year. Requested that this item be held over for discussion on December 12, 2002. Mayor/Council Councilor Bucher was designated as the City Council representative to attend the December 5, 2002 Planning Commission meeting. Mayor Guenthner requested that the January 9, 2003 organizational meeting agenda include swearing in of newly elected Council members, Council appointments, commission appointments and discussion of long-range goals for the City. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 10:04 p.m. ___________________________ __ Document 5.b December 12, 2002 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING NOVEMBER 26, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\11.26.02 Council Minutes.doc 9 Kary Tillmann, City Clerk/Treasurer Comprehensive Land Use Plan Xcel Energy Franchise Agreement 12/05/02 Representative to Planning Commission 01/09/03 Organizational Meeting Adjournment