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Home My WebLink About2002-04-25 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\04.25.02 Council Minutes.doc 1 Mayor Guenthner called the regular council meeting of April 25, 2002 to order at 7:00 p.m. Present were Councilors Bucher, Gageby, Gmach and Guenthner, Administrator Vergin, Attorney Carson, Planner Sherman, Engineer Vander Top, Public Works Director Meister, and City Assessors Ann Risch and Rolf Erickson. Councilor Thomas was excused absent. The Pledge of Allegiance was said. MOTION by Gageby, seconded by Gmach, to approve the agenda with the additions of 10.c. Comp Plan Submittal - Resolution No. 2002-23; 10 d. Terms of Administrator Position; and 10.e. Set Staffing Workshop. Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Open Forum – No One. Presentation from Home Free – Bonnie Wells and Kay Norman, representatives of Home Free gave a brief presentation regarding the services that they provide. Home Free, based out of Plymouth, provides services to battered women. They have two satellite offices, Corcoran and Dayton. The Corcoran City Hall serves as their satellite location every Thursday morning. They provide temporary shelter, information on options and resources, and support groups for victims of domestic violence. MOTION by Bucher, seconded by Gmach, to approve the consent agenda items, Minutes of April 11, 2002 Council Meeting; Minutes of April 11, 2002 Workshop; Claims as presented; and Resolution 2002-19 Designating the Polling Location. Removed Trandel Septic Variance and P.W./Park Equipment Purchase for discussion. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Staff was directed to provide the Council with the Waste Water Commission minutes and a staff report for all future septic variance considerations. MOTION by Bucher, seconded by Gmach, to approve Resolution No. 2002-20, granting a variance to allow a performance septic system at 6457 Elm Street, as requested by Joel and Polly Trandel. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Public Works Director Meister was requested to further identify the type of compressor and the reasons for its usage to the council before they considered the purchase. The Council noted that it would have preferred that this type of equipment would have been included in the CIP budget. Meister noted that Corcoran had previously been allowed to use another city’s at no charge, however that option is no longer available. MOTION by Gmach, seconded by Gageby, to approve the purchase of the compressor and pounder as presented. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Called to Order Pledge of Allegiance Agenda Approval Open Forum Presentation – Home Free Consent Agenda Approval Resolution No. 2002-20 Septic Variance Equipment Purchase Approved CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\04.25.02 Council Minutes.doc 2 Local Board of Review Hearing Continued Mayor Guenthner continued the Local Board of Review Hearing from April 25, 2002. Present were City Assessors Ann Risch and Rolf Erickson, and resident Donald Jeszewski. Mr. Jeszewski provided comparisons on properties he felt were comparable to his, and informed the council that he had a realtor, that serves on the Eden Prairie Board of Review, review his property. His land value increased by $170,000 + from 2001 to 2002, which he feels is too high. Assessor Risch noted that the properties Mr. Jeszewski referred to were not similar as they were classified as agriculture. The Council recommended that Mr. Jeszewski have an appraisal done on his property before the next board of review hearing if he intends to protest his valuation again. He was also informed that he has the right to continue his appeal to the higher level with the County and the State. MOTION by Bucher, seconded by Gageby, to close the Board of Review Hearing. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) MOTION by Gmach, seconded by Gageby, to accept the assessor’s valuation on the Jeszewski property located at 6215 Willow Drive. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Council directed staff to check into how other communities, such as Maple Grove compose their Board of Reviews and bring this back for discussion in late fall. Planner Sherman provided an overview of the Terhaar Preliminary Plat. The Terhaars and the Seliskys, who are purchasing Lot 1, Block 1 consisting of 16 acres, requested that the Council allow them to provide for a 60’ easement for future road, rather then requiring them to plat a road right-of-way.. MOTION by Gmach, seconded by Bucher to approve Resolution No. 2002-21, approving the Preliminary Plat, known as Terhaar Addition. AMENDMENT TO MOTION ON THE FLOOR, by Bucher, seconded by Gmach to add item number 9 to Resolution No. 2002-21, identifying that an agreement for an easement will be required for future road extension through Lot 1, Block 1. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) VOTE ON AMENDED MOTION, approving the Terhaar Addition Preliminary Plat with conditions as identified and modified in Resolution No. 2002-21. Voting Aye: Bucher, Gmach and Guenthner. Voting Nay: Gageby. (Motion Carried) Planner Sherman provided an overview of the Hastings application. The application is for an amendment to the existing conditional use permit and a variance to allow higher sidewalls than allowed by ordinance. The CUP is being Board of Review Hearing Closed Jeszewski – No Change Terhaar Preliminary Plat Resolution No. 2002-21 Easement Requirement CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\04.25.02 Council Minutes.doc 3 Preliminary Plat Approved Hastings CUP / Variance amended to allow the building to be placed at a different location then identified in the original CUP, issued November 29, 2001. A hardship has not been defined by the applicant requiring the higher sidewalls. The concern raised at the Planning Commission level was that when the Hastings originally applied for the CUP, the ordinance allowed structure sizes to be increased under the CUP, however under the current ordinance structures may only exceed the ordinance through a Variance. The first application did not identify that the sidewall heights were going to be greater than the 13’6” permitted under ordinance. During the second application is when the sidewall heights were identified as being at 16’. Mr. Hastings commented that it was his intent to have 14’ sidewalls in the first application; therefore, he would be agreeable to reducing them to 14’ from the 16’. He further noted that they had previously applied for a home occupation license, however the moratorium had been put in place, now waiting to complete that process. Council pointed out to Mr. Hastings that custom trusses would allow him to meet the higher door height, without exceeding the 13’6” sidewall height. Mr. and Mrs. Hastings did not provide any testimony that a hardship would be created by reducing the sidewall to the allowed 13’6”. MOTION by Gmach, seconded by Bucher to approve Resolution No. 2002-22, with an amendment to remove the variance for the sidewall height, the sidewalls will be limited to the height allowed by current ordinance; the amendment to allow the relocation of the structure from the original conditional use permit shall be granted. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) MOTION by Bucher, seconded by Gmach, to deny the Hastings application for a variance to allow for 16’ sidewalls, as the applicant has not justified or defined a hardship that would require sidewalls to exceed the current permitted 13’6”, the structure shall meet existing code. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) MOTION by Bucher, seconded by Gageby to adopt Ordinance No. 175, Landscape Ordinance. AMENDMENT TO MOTION ON FLOOR, by Gageby, seconded by Bucher to modify Section 2.2.a. requiring that 10 feet from the building must be sodded, not entire yard; and Section 2.4.e. low shrubs shall be identified by pot sizes rather then inches. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) VOTE ON AMENDED MOTION, approving Ordinance No. 175 as amended. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Resolution No. 2002-22 CUP Approval CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\04.25.02 Council Minutes.doc 4 Variance Denied Landscape Ordinance No. 175 Approval Discussed the Home Occupation process. The Planning Commission had made a recommendation to amend the ordinance requiring the City Council to conduct the public hearings rather than the commission. After discussion a consensus of the council was achieved concluding that a separate commission would be established consisting of two council members and three planning commission members, with rotating terms. Also addressed the lack of staff at this time and how that will affect the time line for processing the home occupation applications. Staffing will be addressed at a future workshop. Discussed the proposed interim use of Mama G’s. Owners present were Chris Diebold, Ann Loff, and Jerry Becher. Staff was directed by the Council to proceed to work with Mama G’s on an agreement allowing the interim use. The Council cautioned staff to be sure that the agreement is enfor ceable, identifying terms for temporary use of the existing structure while a permanent structure is constructed, including a timeline. The agreement will require council authorization prior to any work commencing. Reviewed the proposed moratorium ordinance on development. Attorney Carson was directed to make modifications for clarification and bring it back for council consideration on May 9. Discussed Assessment 429 procedures versus Day Labor for the Hage Drive project. Engineer Vander Top outlined the steps that should be taken. First, would be to address with Public Works what role they can play in this project. Second, upon receipt of the petition from the Hage Drive residents we can set a neighborhood meeting to address the project and associated costs. Finally, we would need to address the city’s assessment policy to assure a uniform and constant approach to dealing with residential street improvements. MOTION by Bucher, seconded by Gmach, to approve Resolution No. 2002-23, approving the submittal of the Comp Plan to the Metropolitan Council, School Districts and adjacent communities. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) MOTION by Gageby, seconded by Bucher, to set the conditions of employment with City Administrator Vergin as follows, starting wage at Grade 10, step 6 months, with review in six months, and annual reviews thereafter, vacation status at year six, and existing compensatory time on books shall be either taken as time of or paid out in cash by year end. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) Mayor Guenthner announced that the Council would hold a workshop on May 9, 2002 at 6:00 p.m. to address staffing matters. MOTION by Bucher, seconded by Gmach to adjourn the regular council meeting, 9:35 p.m. Voting Aye: Bucher, Gageby, Gmach and Guenthner. (Motion Carried) ___________________________ ___ Susan Vergin, City Administrator Home Occupation Process Establish Commission CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\04.25.02 Council Minutes.doc 5 Mama G’s Interim Use Moratorium Ordinance Hage Drive Assessment / Day Labor Resolution No. 2002-23 Comp Plan Submittal Employment Conditions City Administrator Set Workshop Adjournment