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HomeMy WebLinkAbout2003-02-27 Council MinutesDocument 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 1 The City Council met in regular session on February 27, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, and Attorney Carson. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Lymangood, seconded by Thomas, and carried unanimously to approve the agenda with the following additions: • HRUA Issues under Unfinished Business • City Newsletter under Staff reports • Consideration of Items 5.d. and 5.e separate from the consent agenda under Unfinished Business, and request to place item 6.a. on the consent agenda Discussion was held regarding the placement of non-controversial Planning Commission items on the consent agenda for approval instead of considering separately. Councilor Lymangood feels it would appropriate to consider in this manner if there is a unanimous recommendation from the Planning Commission, unless new information had been received since the Planning Commission’s recommendation had been made. Council agreed that for future Council meetings, this would be appropriate under the above conditions. Open Forum – There were no requests from the public to speak during open forum. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the consent agenda with the exception of items 5.d. and 5.e as follows: 5.a. Approve the Regular City Council meeting minutes of February 13, 2003, as presented. 5.b. Approve claims #1112 - 1156, in the amount of $42,246.05, as presented. 5.c. Accept the update to the City of Corcoran 2002 – 2006 Capital Improvement Plan as presented. 5.f. Adopt Resolution #2002 – 06, authorizing the submittal of the 2003 Recycling Grant Application and execution of grant agreement between the City of Corcoran and Hennepin County, as presented. 5.g. Adopt Resolution #2002 – 07, approving the application for designation as an agricultural preserve for Craig and Wendy Biorn, PID 16-119-23- 43-0001, as presented. Planning Commission/Home Occupation Applications Lake Jubert Estates Replat Rudy Wicklander Homes is requesting a replat of Lots 7 and 8, Block 1, Lake Jubert Estates, to create Lots 1 and 2, Lake Jubert Estates Third Addition. The applicant is requesting a replat to accommodate the primary and alternative septic sites on Lot 7. On February 6, 2003, the Planning Commission voted unanimously to recommend approval of the replat. The replat consists of a land swap of 13,238 square feet. Both lots would exceed the minimum lot size, but Call to Order Roll Call Pledge of Allegiance Agenda Approval Point of Order – Consent Agenda Open Forum Consent Agenda Approval Lake Jubert Estates Replat Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 2 Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 3 Lot 2 would only have 114.86 feet of frontage where 200 feet is required. The reduced lot width is required in order to provide a viable septic site on Lot 1 and allow development of the property. Attorney Carson advised that the replat process was appropriate in this situation. MOTION by Bucher, seconded by Lymangood, and carried unanimously to adopt Resolution #2002-08, approving the replat of Lots 7 and 8, Block 1, Lake Jubert Estates as Lots 1 and 2, Block 1, Lake Jubert Estates Third Edition, for Rudy Wicklander Homes, as recommended by Staff and Planning Commission, with the following conditions, on file with the City Clerk’s Office: 1. A replat of Lots 1 and 2, Block 1, Lake Jubert Estates Third Addition, is approved to adjust the common lot line to accommodate the septic system, in accordance with the plans and application received by the City on December 27, 2002. 2. Approval of the soil and percolation tests by the City’s Building Inspector. 3. Dedication of a 10-foot drainage and utility easement along all lots. 4. Dedication of drainage easements over existing wetlands. 5. Dedication of a 75-foot conservation easement on lots abutting Jubert Lake and Scott Lake, as required as part of the original Lake Jubert development approvals (Resolution #1999-070 and #1999-080). 6. All drainage and utility easements must be staked, surveyed and properly recorded before beginning any work on site. 7. Compliance with the Wetland Conservation Act. Kathleen Etzel Home Occupation MOTION by Thomas, seconded by Bucher, and carried unanimously, to adopt Resolution #2002-09, approving a Conditional Home Occupation License (CHOL) for Kathleen Etzel, for the operation of a beauty salon at 6519 Hunter Lane, Corcoran, with the following conditions: 1. The CHOL is issued to Kathleen Etzel, 6519 Hunter Lane, and is not transferable. 2. No advertising signage for the business is permitted on or off site. 3. The applicant shall abide by and remain in compliance withal applicable Federal, State and City rules and regulations. 4. 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. 5. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications to the license. 6. There shall be no increase to the current customer base, as identified in the CHOL application on file in the City Office. Jon Hans Home Occupation Discussion was held regarding the CHOL application submitted by Jon Hans for a cabinet installation and counter top construction business. Adopt Resolution #2003-08, Lake Jubert Estates Replat Adopt Resolution #2002-09 – Etzel Home Occupation Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 4 The staff report and testimony during the public hearing indicate that the business/property generates a considerable amount of noise and odors at a detriment to adjoining property owners. Business equipment includes the use of a router, which generates a high-pitched, high frequency noise both early and late in the day. Council questioned if evidence obtained was quantifiable (i.e. decibel level of the noise, etc.). Attorney Carson advised that a nuisance standard was used, defined as loud and frequent, which takes away from the quiet enjoyment of others to utilize their property. MOTION by Bucher, seconded by Thomas, to adopt Resolution #2003-10, denying the CHOL for the operation of a cabinet installation business operated by Jon Hans. Councilor Lymangood offered a friendly amendment to the motion on the floor. MOTION by Lymangood, seconded by Thomas, and carried unanimously to amend Resolution #2003 – 10 to include a directive for City staff to provide more detailed Findings of Fact for the denial of the CHOL, with said findings to be considered at the next Council meeting. Roll call on the main motion as amended to adopt Resolution #2003-10, denying the CHOL for the operation of a cabinet installation business owned and operated by Jon Hans: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, aye; Thomas, aye. Motion carried. Reconsideration of Feltl CHOL denial Administrator Vergin provided background information regarding the denial of the CHOL application submitted by Donald and Kristi Feltl. The Feltls are requesting that the Council reconsider their application based on a misunderstanding on the number of equipment/vehicles used for the business and storage of said equipment. Comments were heard from Donald and Kristi Feltl, 7885 Kalk Road, Corcoran. Provided clarification regarding the number of vehicles used for personal and business use. Is also considering adding an attached stall to the garage to park the dump truck. Had the impression after the HOC public hearing that it was okay to park their vehicles outside. Council feels that the operation of a commercial business in a residential district should not be detrimental to the character of the neighborhood and the impact on neighboring properties should be minimal. Would like Feltls to prepare a plan on how they will address the issues with parking equipment on site for reconsideration of application. MOTION by Lymangood, seconded by Thomas and carried unanimously to direct the Home Occupation Commission to reconsider the CHOL for Donald and Kristi Feltl for the operation of landscape business, provided that the applicant submits a modified application as a negotiating document with the Home Occupation Commission. Adopt Resolution #2003-10 – Denial of Jon Hans CHOL Amendment to include direction to staff to provide additional details in Findings of Facts Feltl CHOL Direct HOC to reconsider modified application Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 5 Unfinished Business Chester Barton Estates Outlot Administrator Vergin provided an update regarding the Chester Barton Estates Outlot. The residents have made a formal request to utilize the City Attorney to prepare a Homeowner’s Association in order to resolve the driveway matter. The residents will be responsible for all costs incurred to draft such an agreement. Council questioned if Attorney Carson would be representing the City in this matter, or acting as a private attorney for the residents. Attorney Carson advised he would be acting on behalf of the City since the City has an interest in the outcome. Concerns about liability were discussed. It should be noted Mayor Guenthner’s concerns regarding liability and the City’s responsibilities were adequately addressed. Comments were heard from one resident regarding the driveway agreement established between the City and residents a number of years ago. Attorney Carson advised that these were two separate issues and that the driveway agreement had not been broken. MOTION by Lymangood, seconded by Bucher, and carried unanimously to allow the City Attorney to proceed with the Homeowner’s Association agreement, recognizing that the residents and the City waive all conflict of interest concerns with respect to liability. HRUA Discussion was held regarding the most recent letter received from HRUA regarding denial of the septic permits for two sites on Rolling Hills Road. Attorney Carson advised that the 60-day rule does not apply and that the permits are not considered approved because the systems are not in compliance. Councilor Lymangood presented information from Carver County regarding a septic system owned by the HRUA. Feels that a forum such as the Administrative Hearing held in Carver County would be an appropriate direction for the City to take in order to resolve this issue. Back and forth correspondence between the City and HRUA is time consuming and costing taxpayer money. HRUA needs to be held accountable to deadlines given by the City. Their deadline to provide a new design for the non-compliant systems to the Building Inspector was February 14, 2003 and that was not met. The MPCA also needs to be notified of the violations by Ingleside Engineering. Comments were heard from Loren Kohen, Building Inspector, regarding the non- compliant sites on Rolling Hills Road. Also advised that the contractor on those projects broke the law and no recourse has been taken against him as of yet. Should be held accountable. MOTION by Lymangood, seconded by Thomas, and carried unanimously to direct staff to proceed with the appropriate enforcement mechanism against the HRUA and provide the Council with a timeline for said action at the March 13, 2003 meeting. Chester Barton Estates Outlot Approve City Attorney to draft Homeowners Assoc. Agreement HRUA Direct staff to proceed with enforcement against HRUA Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 6 Councilor Lymangood offered, for the record, that HRUA’s inference that he is being paid for his investigation into HRUA activities is untrue. He is gainfully employed full-time and receives the regular wage paid by the City for serving on the Council. All copies and materials that Councilor Lymangood has provided to Council have been provided at his expense. Mayor Guenthner added that he feels it is dishonest and inappropriate for the author of the letter to make inferences regarding the integrity of the City’s attorney. Moratorium Extension Brief discussion was held regarding the moratorium extension while the Zoning and Subdivision Ordinances are being updated. Council feels it is appropriate to take time to ensure that appropriate ordinances are in place to maintain the character of the City. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Ordinance No. 2003 – 183, extending the moratorium on subdivision or development within certain areas of Corcoran for a period of up to 18 months, effective immediately upon passage and publication. Municipal Code Amendment – Traffic Rules Discussion was held regarding the determination of damage caused to a road when trying to collect penalties. Attorney Carson advised that the State does not allow an arbitrary dollar amount. The City must determine the cost to repair and penalize accordingly. MOTION by Lymangood, seconded by Bucher, and carried unanimously to adopt Ordinance No. 2003 – 184, amending Title VII, Chapter 70.02 of the Corcoran Municipal Code regarding Weight Restrictions on streets within the City of Corcoran, effective immediately upon passage and publication. New Business Fund Transfers and Designations/State Budget Impact Administrator Vergin provided an update of proposed fund transfers and designations. Fund transfers would be done to eliminate duplicate funds (i.e. reduce number of park funds from two to one) and to maintain a 30% reserve fund for the City. Administrator Vergin also discussed the potential impact of the State Budget cuts on the City. Most likely, Corcoran will see a loss of revenue of $96,000 in 2003, and $104,613 in 2004, according to information provided from the State. Staff was directed to develop a contingency plan based on the information regarding potential budget cuts and proceed with the fund transfers as proposed. Staff Reports Code Enforcement Council agreed by unanimous consensus to accept the Code Enforcement Report as presented. Point of Order for the record by Councilor Lymangood Moratorium Extension Adopt Ordinance No. 2003-183 Municipal Code Amendment Adopt Ordinance No. 2003-184 Fund Transfers and Designations Code Enforcement Report Document 5.a March 13, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING FEBRUARY 27, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\02.27.03 Council Minutes.doc 7 Home Occupation Commission Administrator Vergin advised that there is a vacancy on the Home Occupation Commission for a Planning Commission Alternate. The Planning Commission will make a recommendation to be considered by the Council at a later date. Council Reports City Newsletter Council reviewed a draft copy of the Spring 2003 City Newsletter. Councilor Gageby requested that the City’s annual calendar be included. Also suggeste d soliciting for volunteers, expounding on the process to update Zoning and Subdivision Ordinances and offering paid advertising in the newsletter by City businesses. MOTION by Thomas, seconded by Lymangood, and carried unanimously to adjourn the meeting at 9:02 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Home Occupation Commission Vacancy City Newsletter Adjournment