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Home My WebLink About2002-10-10 Council Minutes - Part 2 CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 10, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\10.10.02 Council Minutes.doc 1 The City Council met in regular session on October 10, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gmach, Guenthner and Thomas. Councilor Gageby was excused absent. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Engineer Vander Top, and Attorney Carson. Mayor Guenthner called the meeting to order at 7:04 p.m., followed by the Pledge of Allegiance to the flag. There were no requests by the public to speak during Open Forum. MOTION by Gmach, seconded by Bucher, and carried unanimously to approve the agenda as presented. MOTION by Thomas, seconded by Bucher, and carried unanimously to approve the consent agenda items as follows: 5.a Approve the Regular Council Meeting Minutes of September 26, 2002 as presented. 5.b Approve claims #3122 - 3166, in the amount of $29,348.22, as presented. 5.c Adopt Resolution #2002-69, appointing Election Judges for the November 5, 2002 General Election and setting wages in the amount of $8.00 per hour for Election Judges and Alternates and $8.50 per hour for Head Judges. Public Hearing – Hage Drive Improvement Project Mayor Guenthner closed the regular meeting at 7:07 p.m. and called the public hearing regarding assessments for the Hage Drive Improvement Project to order. Engineer Vander Top provided an overview of the project to date. Hage Drive was paved during the day today. Driveways and wear course will be completed in Spring 2003. The road size changed during the process from twenty-six (26) feet wide to 24 feet wide and the cul-de-sac ended up larger than originally planned. However, the costs assessed to property owners will not increase and the original bid cost is what will be assessed to property owners. Recommended preliminary and final approval of the assessments for Hage Drive. Administrator Vergin advised the council that the recommended interest rate is 7% with payments scheduled over a seven (7) year period. This information is the same as what was provided in the assessment notice sent to property owners. The interest rate is based on information received from the city’s financial advisor and is in line with rates set for similar projects. There were no comments from the public regarding the project. MOTION by Gmach, seconded by Bucher, and carried unanimously to close the public hearing at 7:10 p.m. The regular City Council meeting was reopened. MOTION by Thomas, seconded by Gmach, and carried unanimously to adopt Resolution #2002-70, adopting the assessments for the improvement to Hage Drive as presented, and direct the City Clerk to transmit a certified copy of said Called to Order Open Forum Agenda Approval Consent Agenda Approval Public Hearing – Hage Drive Improvement Project Engineer’s Report Financing Report Public Comments Close Public Hearing Adopt Resolution #2002-69 – Adoption of Assessments CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 10, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\10.10.02 Council Minutes.doc 2 assessments to the Hennepin County Auditor to be extended on the property tax lists of the County. Home Occupation Applications Administrator Vergin provided an overview of the Home Occupation Applications to be considered for approval. The first application for consideration was submitted by Pamela Nygren-Olson. This application was reviewed at the August 15, 2002 Public Hearing. The request is being made to allow the operation of Dynamic Communication and ASL Interpreting Service, which is a business that provides interpreting referrals in the seven county metro area and St. Cloud. The business has operated from this site since 1995. This business requires a CHOL because there are two full- time equivalent (FTE) employees (1 full-time, 2 part-time). MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2002-71, for the Conditional Home Occupation License for Pamela Nygren-Olson, 6517 Hunter Road, for the purpose of conducting a communication and interpreting referral service, 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 Pamela Nygren-Olson, Dynamic Communication and ASL Interpreting Service, at 6517 Hunter Road, and is not transferable. 2. No signage advertising the business or other businesses shall be allowed on- site or off-site. 3. Three employees shall be permitted, constituting up to two (2) full-time equivalents (FTE), consistent with amended ordinance No. 178, with verification of employees as of May 24, 2001, approved by the City Administrator. 4. The applicant shall abide by and remain in compliance with all applicable Federal, State and Local rules and regulations. 5. The City will review the license every three years from the date of issuance for a determination that the existing Home Occupation still warrants issuance of the 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. MOTION by Thomas, seconded by Gmach, and carried unanimously to adopt Resolution #2002-72, for the Conditional Home Occupation License for Greg Thyr, 20909 County Road 117, for the purpose of conducting a sprinkler installation and landscaping 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 Greg Thyr, GT Sprinkler Company, at 20909 County Road 117, and is not transferable. 2. No signage advertising the business or other businesses shall be allowed on- site or off-site. 3. All equipment and vehicles shall be contained in the accessory structures, or screened from public view. Adopt Resolution #2002-71 – Nygren-Olson CHOL Adopt Resolution #2002-72 – Thyr CHOL CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 10, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\10.10.02 Council Minutes.doc 3 4. Up to four employees shall be permitted for the purpose of staging work to be performed off-site in the summer months only, with verification of employees as of May 24, 2001, approved by the City Administrator. 5. The applicant shall abide by and remain in compliance with all applicable Federal, State and Local rules and regulations. 6. The City will review the license every three years from the date of issuance for a determination that the existing Home Occupation still warrants issuance of the license. 7. 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 Bucher, seconded by Thomas and carried unanimously to adopt Resolution #2002-73, for the Conditional Home Occupation License for Chuck Dorweiler, 23260 County Road 10, for the purpose of conducting a lawn care and snow removal 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 Chuck Dorweiler, Complete Lawn Salon, at 23260 County Road 10, and is not transferable. 2. No signage advertising the business or other businesses shall be allowed on- site or off-site. 3. Any equipment parked or stored on site shall be contained in the accessory structure, or screened from public view. 4. Up to three employees shall be permitted for the purpose of staging work to be performed off-site, with verification of employees as of May 24, 2001, approved by the City Administrator. 5. The applicant shall abide by and remain in compliance with all applicable Federal, State and Local rules and regulations. 6. The City will review the license every three years from the date of issuance for a determination that the existing Home Occupation still warrants issuance of the license. 7. 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 Gmach, seconded by Bucher, and carried unanimously to adopt Resolution #2002-74, for the Conditional Home Occupation License for Patnode Brothers Trucking (Tom Patnode, Tim Patnode and Steve Patnode), 22805 County Road 50, for the purpose of conducting a septic installation and trucking 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 Patnode Brothers Trucking, 22805 County Road 10, and is not transferable. 2. No signage advertising the business or other businesses shall be allowed on- site or off-site. 3. Any equipment parked or stored on site shall be contained in the accessory structure or screened from public view. Adopt Resolution #2002-73 – Dorweiler CHOL Adopt Resolution #2002-74 – Patnode Brothers Trucking CHOL CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 10, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\10.10.02 Council Minutes.doc 4 4. Three employees shall be permitted for the purpose of staging work to be performed off-site, provided that dates of employment, as of May 24, 2001, are verified to the satisfaction of the City Administrator. 5. The applicant shall abide by and remain in compliance with all applicable Federal, State and Local rules and regulations. 6. The City will review the license every three years from the date of issuance for a determination that the existing Home Occupation still warrants issuance of the license. 7. 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 Thomas, seconded by Gmach, and carried unanimously to table consideration of Resolution #2002-75, for the Conditional Home Occupation License for Donald and Kristi Feltl, 7885 Kalk Road, for the purpose of conducting a landscape, lawn mowing and snow plowing business, for clarification and further information, and refer consideration of this CHOL application to the Home Occupation Commission. New Business There was no new business for consideration. Unfinished Business Discussion was held regarding the Findings of Fact compiled by Attorney Carson pertaining to the removal of two members from the Waste Water Commission. Attorney Carson provided an overview of events and dealings with the HRUA leading up to the compilation of the Findings of Fact before the Council. The Findings of Fact were requested to be compiled by Councilor Bucher to assure that proper procedures had been adhered to by staff. The Findings of Fact included information and correspondence from the Minnesota Pollution Control Agency (MPCA) and the State Attorney General’s Office, all of which concur that HRUA was required to obtain a city permit to perform septic work. Council concurred that creative opportunities for wastewater treatment are encouraged within City and should be explored; however, City policy should also be adhered to. The Council agreed by unanimous consensus that the Findings of Fact compiled by Attorney Carson is accurate and represents the basis for the Council’s decision to remove Commissioners Jacob and Halverstadt from the Waste Water Commission. Extensive discussion was held regarding revisions to the Comprehensive Land Use Plan pertaining to the Map and Text describing the High Density areas. MOTION by Bucher, seconded by Gmach, and carried unanimously to approve the language changes for clarification of the High Density areas in the Comprehensive Land Use Plan and direct staff to proceed with submission of the report. Table consideration of Resolution #2002-75 – Feltl CHOL HRUA Findings of Fact CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 10, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\10.10.02 Council Minutes.doc 5 Staff Reports Engineer Vander Top provided a progress report of the Field Stone Development in Maple Grove. Turn lanes will be constructed in both lanes of Gleason Road and the City of Maple Grove will be extending the water main under Gleason Road towards Corcoran, within the County right-of-way. Mayor Guenthner advised the Council that he and Engineer Vander Top will be meeting with Hennepin County Commissioner Penny Steele and County Public Works staff on October 23, 2002, to discuss the flooding in Rush Creek. Engineer Vander Top advised that he attended the Elm Creek Interceptor meeting on October 9, 2002, with Planning Commissioner Ebert. Several options were discussed with no action taken. MOTION by Bucher, seconded by Gmach, and carried unanimously to adjourn the meeting at 8:05 p.m. _____________________________ Kary Tillmann, City Clerk Field Stone Development Rush Creek Flooding Elm Creek Interceptor Meeting Adjournment