HomeMy WebLinkAbout1998-11-12 Council Meeting299
CORCORAN CITY COUNCIL
NOVEMBER 12, 1998
MALL TO ORDER/ROLL CALL
Mayor Larkin called the meeting to order at 7:00 P.M. Present were Council Members Ken
Guenthner, Dixie Lindsley, Ken Kluck, and Ernie Mayers. Also present were City Clerk Stacy
Doboszenski, City Planner/Administrative Coordinator Roger Bromander, City Attorney Jeff
Carson, City Engineer Vince Vander Top, and Council -Elect Bill Glowacki.
There were approximately 35 people in attendance at the meeting.
SET AGENDA
The agenda was set with the following changes:
• Frank Jedlicki distributed a letter to Council, and asked that the Council does not take action
on his item tonight.
• Wastewater Commission Report and HRUA Report
• Steve Kohnen requested to be placed under Other Business
• Recount of Election under Other Business
• Loren Kohnen asked that Information on the Septic Ordinance be added under Other Business
PLANNING COMMISSION REPORT
Mayor Larkin introduced the Planning Commission report.
Mayor Larkin questioned the Arnie Kral application. Councilor Kluck suggested taking the
Planning Commission items one by one.
ARNOLD KRALIAK AUTO FOR A YARIANCE FROM AN APPROVED SITE PLA
FOOT F
COUNTYEA, LOCATED AT 19905 26-11 - 22
Roger Bromander read from a letter from Hennepin County regarding the right-of-way
encroachment on the southwest quadrant of County Road 10 and County Road 116.
Mayor Larkin stated he has been going to AK Auto for years, doesn't feel that there is a safety issue,
stating the real problem is the County Road 10 and County Road 50 intersection.
Councilor Kluck stated that if he had to close that side of the island off, that side of the island would
be useless.
Councilor Guenthner questioned why there were Planning Commission members against it.
Vince stated he spoke with Dave Zetterstrom from Hennepin County, and the County is fine with
what is there. However, if there be any future improvements on the site, then the site needs to be
brought into compliance.
On a motion by Kluck, seconded by Larkin, to approve the variance for AK Auto, Approval of
Resolution No. 1998 - 54, A RESOLUTION APPROVING A REQUEST BY ARNOLD KRAL/AK
AUTO FOR A VARIANCE FROM AN APPROVED SITE PLAN TO ALLOW PAVEMENT
WITHIN THE REQUIRED 10 FOOT SETBACK/BUFFER AREA, LOCATED AT 19905
COUNTY ROAD 10, PID #26-119-23 110022.
Motion carried unanimously.
REQUEST BY QARY K FOR A CONDITIONALIT TO CONSTRUCT A
' A TQTAL OF1
ACCESSORY BUILDING ON A 2.3 ACRE RESIDENTIAL HO ESTEAD. LOCATED
AT 19509 JACKIE LANE, PID #01-119-23 21 011
Mayor Larkin commented on the location of the property and the building. Council -Elect Glowacki
stated he visited the site and doesn't feel there would be a problem with the location of the building.
Gary Beck was present and stated the use for the building.
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Councilor Guenthner questioned the Planning Commission's reasoning for denial. Glowacki stated
that the applicant would have rather had the application tabled until December, when he was able to
be present, and possibly have an alternative way of increasing his accessory storage.
There was a discussion among Council on whether or not the building should be allowed.
Roger Bromander stated the amount of square footage allowed for the size of the parcel. Gary Beck
stated that when he purchased the property, he was told that he would be allowed 2000 square feet of
accessory building.
Mayor Larkin spoke on precedence. He stated this wouldn't be anything new.
Councilor Lindsley stated that it bothers her that Gary Beck was not at the Planning Commission
meeting, and that this item should have been tabled.
The applicant stated he called one week prior to the meeting and asked that it be tabled to the
December meeting.
Councilor Guenthner stated he prefers not to do anything tonight, but the have the Planning
Commission reconsider this item at the December meeting.
On a motion by Guenthner, seconded by Lindsley, to send Gary Beck's application for a Conditional
Use Permit back to the Planning Commission for further consideration.
Motion carried unanimously.
MILLER BROTHERS EXCAVATION FOR A VARIANCE FROM MINIMUM LOT
WIDTH TO ALLOW A LAND DIVISION 1-IAT WILL CREATE A REMAINING LOT
WIDTH OF 165 FEET AT THE STRUCTURE „SETBACK LINE FOR TRACT F AND
LAND DIVISION/CONSOLIDATION 98-11, A REQUEST.TQ DIVIDE A .68 ACRE
PARCEL FROM TRACT F OF REGISTERED LAND „-SIMYEY.hjQ,.,-1652 (6.25 ACRES)
AND COMBINE IT WITH LOT 7, BLOCK 1, JACK AND CHERYL'S ADDITION.
LOCATED AT 20150 75TH AVENUE, PID #26-119-23 13 0008 AND PID 6-119-23 13
Don
On a motion by Mayers, seconded by Kluck, to accept PC recommendation, approving Resolution
No. 1998 - 55, A RESOLUTION GRANTING A VARIANCE TO MILLER BROTHERS
EXCAVATION FROM MINIMUM LOT WIDTH TO ALLOW A LAND DIVISION THAT WILL
CREATE A REMAINING LOT WIDTH OF 165 FEET AT THE STRUCTURE SETBACK LINE
FOR TRACT F AND LAND DIVISION/CONSOLIDATION 98-11, A REQUEST TO DIVIDE A
.68 ACRE PARCEL FROM TRACT F OF REGISTERED LAND SURVEY NO. 1657 (6.25
ACRES) AND COMBINE IT WITH LOT 7, BLOCK 1, JACK AND CHERYL ADDITION,
LOCATED AT 20150 75TH AVENUE, PID #26-119-23 13 0008 AND PID #26-119-23 13 0011
Motion carried unanimously.
FRANK JEDLICKI REQUESTS FOR THE REZONING OF APPROXIMATELY 3.2
ACRES FROM C-1. LIMITED COMMERCIAL, TO C-2, GENERAL CQMMERCIAL,
AND FOR A CQNDITIONAL USE PERMIT TO OPERATE A CONTRACTOR'S YARD
WITH OUTDOOR STORAGE WITHIN THE C-2. GENERAL COMMERCIAL
DISTRICT, LOCATED AT 7455 COUNTY ROAD 116, PID #26-112-23 14 0020
The applicant asked to be tabled until the December Council meeting and submitted a letter stating
that he will waive the 60 day ruling.
LAND DIVISION, A REQUEST BY ANDREW PETTIT JR. TO CREATE A 3.17 ACRE
PARCEL FROM A 18.22 ACRE PARCEL, LOCATED AT 6680 COUNTY ROAD 19, PID
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pAVID CAIN, TO CREATE A 2 ACRE PARCEL FROM AN 80_ACRE PARCEL,
LOCATED AT 20913 COUNTY ROAD 10, PID #22-119-23 110001
There was a discussion among the Council and Jeff Carson regarding the acquisition of right-of-way
for Hennepin County roads, as is being requested by Andrew Pettit and Dave Cain. The following
items were discussed:
+ Corcoran has been doing this at the County's request, as well as many other Hennepin County
cities
+ Whether or not it is a taking without compensation, or a donation
+ County has been seeking free land for decades
+ Park dedication fees versus dedication of right-of-way, both are required
+ This is typically a process that every City goes through for the good for the county and the
good for the community
Jeff Carsoni stated that from a policy point -of -view, if you are going to change the policy, change it
through a process, but be consistent with what we are doing now.
Councilor Guenthner stated he agrees with Jeff, that it should be a thought through process.
Council suggested having the Planning Commission look into what other communities are doing,
and to have Jeff Carson look into the legal issues.
On a motion by Guenthner, seconded by Kluck, to send to the Planning Commission for
reconsideration of changing the ordinance requesting additional right-of-way.
Motion carried with Lindsley, Guenthner, and Kluck voting aye; Larkin and Mayers voted no with
Larkin stating that it should be settled tonight.
On a motion by Kluck, seconded by Guenthner, to approve the Pettit and Cain requests, approval of
Resolution No. 1998 - 56, A RESOLUTION APPROVING LAND DIVISION NO. 98-10, A
REQUEST BY ANDREW PETTIT JR. TO CREATE A 3.17 ACRE PARCEL FROM A 18.22
ACRE PARCEL, LOCATED AT 6680 COUNTY ROAD 19, PID #31-119-23 13 0002 and approval
of Resolution No. 1998 - 57, A RESOLUTION APPROVING LAND DIVISION NO.98-12, A
REQUEST BY DAVID CAIN TO CREATE A 2.0 ACRE PARCEL FROM AN 80 ACRE
PARCEL, LOCATED AT 20913 COUNTY ROAD 10, PID #22-119-23 110001.
Motion carried with Kluck, Guenthner, Lindsley, and Larkin voting aye; Mayers voting no.
Council Lindsley questioned what is meant by legal descriptions being too lengthy. Jeff explained
the reasoning behind the request for simple legal descriptions.
LAWN KING SITE PLAN APPROVAL
Council questioned why this is being brought back, they were under the impression that the 60 day
rule applied to the application. Roger informed the Council that the 60 day rule does not apply to
site plan approvals.
There was a discussion on when the information was received by the council, and whether or not to
act on this item tonight.
On a motion by Guenthner to table the Lawn King site plan approval stating he has just received the
information.
There was comment by the applicant, Dave Remer.
Guenthner withdrew his motion.
On a motion by Kluck, seconded by Larkin, to approve the site plan, approval of Resolution No.
1998 - 58, A RESOLUTION GRANTING LAWN KING, INC. SITE PLAN APPROVAL TO
FACILITATE THE CONSTRUCTION OF A 4,000 SQ. FT. STORAGE BUILDING LOCATED
AT 7555 COUNTY ROAD 116, PID #26-119-23 110041.
Vince stated the applicant has met the grading and drainage requirements.
Motion carried with Larkin, Kluck, Mayers, and Lindsley voting aye; Guenthner abstaining, stating
he did not receive the information.
AMENDING SECTION 10.03 (Q) 2 A O, F THE CORCORAN ZONING ORDINANCE TO
ALLOW THE FARMSTEAD DENSITY EXEMPTION ONLY ON GRAVEL ROADS FOR
There was a discussion on treating properties differently on gravel roads from those on asphalt roads.
On a motion by Guenthner, seconded by Kluck, to accept the Planning Commission
recommendation, and to order the City Attorney to prepare an amendment to the ordinance.
Motion carried unanimously.
PLANNING COMMISSION ALTERNATE
Roger informed the Council that John Speath wrote a letter of interest to serve as a Planning
Commission alternate.
The Council discussed advertising for the opening. It was stated that the position that John applied
for has already been advertised for, however, because of Bill Glowacki being elected to Council,
another alternate position is in need.
On a motion by Lindsley, seconded by Kluck, to accept the Planning Commission recommendation
to appoint John Speath as an alternate.
Motion carried unanimously.
PRESENTATION BY ALASCAN
Clint Elston, president of Alascan, was at the meeting to give the City Council a presentation on
Alascan, a method of sewage treatment. He have a brief background of himself and provided a slide
show.
There was a question/answer session with Mr. Elston, Council, and members of the audience and a
discussion on the monitoring of the system.
Council thanked Mr. Elston.
PT LIC HEARING QN PERMAGREENQONDITIONAL USE PERMIT
Mayor Larkin called the public hearing to order at 8:49 p.m.
Jeff Carson gave the background on the reason for the public hearing.
In between the time the public hearing has been ordered and tonight, the City Engineer and the City
Planner have been in contact with Mr. Helstrom, and he is almost in total compliance. Jeff stated
that his recommendation is to continue this to the first meeting in December.
Vince Vander Top responded on the grading and drainage of the site. In his opinion, Mr. Helstrom
met the requirements of grading and drainage except the item noted (clean sediments from the ditch
so the south culvert drains properly).
Roger commented on the items listed in his memo.
1. Downcast lighting only - The applicant has turned off the light and has casing on order
2. Exterior storage - the storage has been moved to the south side of the building
3. Enclosed garbage area - these are not built yet
4. Handicapped parking space - there is a space designated, however, there needs to be a sign
ordered to indicate handicapped parking
5. Erosion control and grading issues - Vince already commented on these
Councilor Kluck asked of the well, or possible well, that he found on the property. Roger asked
Stacy whether or not it is a well, Stacy informed Roger that she told him to put it on his checklist.
Council discussed the condition of the berm, the weeds in the ditch, the slope of the ditch, and the
maintenance of the berm.
Councilor Kluck commented on the elevation of the culvert at County Road 50.
Vince stated that this is not different from many other properties in the City, however it is under
scrutiny because of the proximity to residential areas.
Kluck asked who does site plan inspection prior to the construction of the building.
Vince stated that the culverts were undersized, but he does not know the degree of review that went
into the property during the construction.
Councilor Guenthner stated that right now we are looking at five specific items. Council stated that
the well needs to be taken care of right now with the five issues.
Kathy Roehl, 20123 County Road 50: What about the dust control of the property, leased out back
part of building four warehousing, now there is more traffic. As far as the berm, I've lived at that
property for 22 years, this is the first year have to look at weeds and it is too rough to be mowed. I
would be more than willing to help keep it neat, but I'm not going to excavate it for him.
John Spaeth, 7525 Commerce Street: I stated that he sold Mr. Helstrom the land. He then provided
pictures of the property comparing it to the residences next door. The people complaining live on
County Road 50, there is more traffic on County Road 50 than on this driveway.
This lead to a heated discussion between Mr. Spaeth and Mark Sachowitz, 20137 County Road 50,
Ken Guenthner, st#ted that the focus of the public hearing is the five items listed in the memo, this is
what the applicant has to work on. We have five close, but not quites.
Jeff Helstrom, owner of Permagreen: Not five closes:
1. Light is turned off
2. Materials moved to north side
3. Garbage is not quite taken care of, but I haven't had time to build a structure
4. Handicapped place is there, all I need is a sign
5. Erosion control is okayed by Vince
I moved in late spring, things took off, and I tried to get as much done as I could. I put in $75,000 in
landscaping off the clock, the dust control we talked about for the first time about a month ago. I'm
doing my best. I built a nice building, I keep it clean. I certainly will get to the issues. All this
could be done in a week, wouldn't be a problem.
Councilor Guenthner questioned Roger what a dustless surface is. Roger stated dust free, some sort
of surface.
Vince stated that the subject is employee parking.
Kathy Roehl: It is the section of drive where his tar stops and the section of the building that is
being rented for a warehouse.
Jeff Helstrom: I do not have a problem doing this, I could place dust control on it two times a year.
I will fix the berm so that it can be mowed.
There was a discussion between Mr. Helstrom and the residents of the area regarding issues not in
the list for discussion.
On a motion by Guenthner, seconded by Lindsley, to closed public hearing at 9:09 p.m.
Motion carried unanimously.
Jeff Carson stated that depending on how the Council feels, based on what was heard, the Council
has to decide whether or not to give him until the first meeting in December to fully comply, or to
pull the conditional use permit.
Councilor Kluck stated he would like to add to the five.
Jeff Carson stated because of the notice, we can't make a decision based on other things, if you want
to deal with other things, deal with it outside this public hearing. We have to focus on the things that
were noticed in fairness to the owner. If there are other issues, those should go to him through staff,
we can't do it in a hearing like this, you would muddle the subjects.
Vince stated that grading the berm is a subjective thing. He would like to think that the owner and
adjacent property owners could come to an agreement regarding the grading of the berm.
Councilor K1uck stated that the well be included in the items to be taken care of.
There was continued discussion with the business owner and the Council.
On a motion by Guenthner, seconded by Lindsley, to set this over to the first meeting in December,
if any of the items are not complied with, then Council will deal with them at that time.
Motion carried unanimously.
WASTEWATER COMMISSION AND HRUA REPORT
Bill Halverstadt reported on the Wastewater Commission meeting from Monday, November 9, 1998
He noted that the Wastewater Commission wanted to update their objectives, and have set
preliminary objectives. He also noted that at the October 5, 1998 meeting, an application came
before the Wastewater Commission that had already been acted on and installed two years prior. He
also noted there was a draft copy of the Master Agreement for HRUA handed out which has since
been revised. He then introduced Paul Jacobs of the HRUA.
Paul Jacobs handed out a packet with a letter included from the MPCA, attachments, and a revised
draft of the 471A Master Agreement. Paul reported on the letter from the MPCA, stating that they
will be meeting with the HRUA on their applications.
He then reported that the students from the design studio will be holding an open house on
December 8, 1998 at the Church of St. Thomas.
Mr. Jacobs then introduced the 471A Agreement, and stated that some changes had been made since
the Monday Wastewater Commission meeting.
Mr. Jacobs asked that the Council set a public hearing for the first meeting in December to discuss
the 471 A Agreement.
He explained some of the items in the agreement. He stated that this will be brought to the
Wastewater Commission meeting in December.
Councilor Kluck asked if the system presented earlier tonight could be incorporated with his system.
Mr. Jacobs stated any type of technology could be. It's a matter of whether the residents want one.
Councilor Lindsley asked Mr. Jacobs if he's known of the Alascan system. Mr. Jacobs stated for a
long time. She further asked how many other types of companies are there out there. Mr. Jacobs
stated quite a few with all types of various technologies.
There was a discussion on the rescheduling of the second meeting in December.
Councilor Guenthner stated that he would like the opportunity to read the agreement and have a
discussion among the Council without the pressure of a public hearing.
Greg Ebert stated that at the Wastewater Commission it was handed out for information and review
only, and that it will be brought back to the next meeting for discussion.
Paul Jacobs stated that the Wastewater Commission needs to have a continuation of discussion on
the agreement.
Councilor Guenthner suggested that the draft Master Agreement be sent to Jeff for review and
comment, and put on for Council discussion for the first meeting in December, without a hearing.
Paul asked if he should have representatives at the meeting.
Councilor Guenthner stated that it would be a good idea for the representatives to hear the issues the
Council has to discuss so that they are prepared for the public hearing, when that is set.
There was a brief discussion on getting copies of Council packets and the charge per copy.
CONSENT A( ENDA
Mayor Larkin commented that the fire protection will go up by $8800 for next year, something for
the new council to think about.
Councilor Kluck stated that he feels that the City should ask the Athletic Association for volunteers.
He would like staff to send a letter to the Athletic Association asking for volunteers. Councilor
Lindsley commented that with the economy the way it is, why would volunteer when they can get
paid to do something.
Council requested that the Clerk contact the Athletic Association for possible volunteers.
Councilor Lindsley requested clarification on the ordinance relating to Council salaries.
On a motion by Larkin, seconded by Lindsley, to approve the following consent agenda items:
• Approval of List of Claims #802 - 873
• Approval of the October 22, 1998 City Council Minutes
• Approval to Advertise for Ice Rink Attendants
• Approval of Resolution No. 1998 - 59, A RESOLUTION SETTING 1998 FIRE
CONTRACT AMOUNTS FOR ROGERS, HAMEL, LORETTO, AND HANOVER FIRE
DEPARTMENTS
Motion carried unanimously.
OTHER BUSINESS
Rescheduline the Second Meeting in December
On a motion by Guenthner, seconded by Mayers, for the second meeting in December to be
scheduled for December 17, 1998.
Motion carried unanimously.
Loren Kohnen, Ordinance for SWtie. Systems
Loren Kohnen handed out an updated ordinance and talked on having an inspection system in place
in Corcoran.
There was brief discussion by the Council.
Recount of Election
Clerk Doboszenski explained that a recount for the office of Mayor has been requested by Ernie
Mayers. Doboszenski briefly explained the process of the recount and asked that a meeting to
canvass the recount be called.
On a motion by Lindsley, seconded by Kluck, to canvass the recount on Monday, November 23,
1998 at 7:00 p.m.
Motion carried unanimously.
DISCUSSION
Correspondence
No action taken.
Proposed Mediation Session/Special Council Meeting November 17, 1998
Jeff has a concern with the special meeting of the City Council for the mediation session, because
there are times that the Council would like a closed session, and other times that the full body of the
Council should be open to the public.
Jeff Carson recommended to amend the earlier motion so that it is a public meeting, but that for the
portion of the mediation session on November 17th involving labor negotiation strategies and the
review of negotiation proposals be closed.
On a motion by Guenthner, seconded by Lindsley, to amend the motion of October 22 to read that it
is a public meeting and that parts of it be closed for discussion on labor negotiation strategies.
Motion carried unanimously.
ADJS?u1tN
Mayor Larkin adjourned the meeting at 10:11 p.m.
ATTEST:
city CI r Mayo