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HomeMy WebLinkAbout2001-04-26 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 1 of 5 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc Mayor Guenthner called the regular council meeting of April 26, 2001 to order at 7:04 p.m. Present were Councilors Bucher, Gageby, Gmach, Guenthner and Thomas, Assessors Ann Risch & Rolf Erickson, Deputy Clerk Patnode, Planner Sherman and Attorney Jeff Carson. There were approximately 100 people in the audience. The Pledge of Allegiance was said. MOTION by Thomas, seconded by Bucher, to approve the agenda as submitted. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Thomas, seconded by Gmach, to reduce the amount of valuation of PID #16-119-23 11 0008 to $170,000 based on the condition of their home located at 9220 Foxline Drive. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Bucher, seconded by Gageby, to reduce the amount of valuation of PID #26-119-23 41 0006 to $167,000 based on the condition of their home located at 20001 Larkin Road. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Bucher, seconded by Thomas, to close the Board of Review public hearing at 7:19 p.m. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Open Forum – No one was in attendance for the open forum REGULAR COUNCIL MEETING CONTINUED MOTION by Thomas, seconded by Gmach, to approve the consent agenda items including the April 12, 2001 Workshop Minutes; April 12, 2001 Board of Review & Regular Council Minutes (with name corrections); Claims and Description of Claims; awarding the ATV; Monthly Budget Report; Monthly Police Report; and authorizing purchase of park bleachers. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Heard from Kim Bemenderfer on the Children First Program offered in the Corcoran area which is geared for the children in the Rockford Schools. She stated that the Playground in the Parks would again be offered in Corcoran at the city park and that she was hopeful that the City would again donate towards that cause. She informed us that there is a new program that has been formulated called “Youth as Resources” which has funding available for youth driven projects. Kim stated that information will be available at the City Hall for people interested in more information. The Council thanked Ms. Bemenderfer for the presentation. Called to Order Pledge of Allegiance Agenda Approval Board of Review (Continuation from 4/12 Council Meeting) Open Forum Consent Agenda Approval Children First Program CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 2 of 5 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc MOTION by Thomas, seconded by Bucher, to approve Resolution 2001-29, A RESOLUTION TO APPROVE A LOT DIVISION ON PID #08-119-23 42 0001 LOCATED AT 22622 COUNTY ROAD 10, CORCORAN, MN . The Council discussed the problems with the metes and bounds vs. platting the property and would like to have only straight lines for metes and bounds property. Voting Aye: Bucher, Gmach, Guenthner and Thomas. Voting No: Gageby (Motion Carried) MOTION by Gageby, seconded by Thomas, to approve Ordinance No. 166, AN ORDINANCE AMENDING SECTION 10.03 © 8 OF THE CITY OF CORCORAN ZONING ORDINANCE RELATED TO ACCESSORY BUILDING AND STRUCTURES with revisions to eliminate the words “in the front, side or rear yard” under section 1; and under Section 2 stating that the moratorium will be lifted upon publication of this ordinance. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) PUBLIC HEARING – Home Occupation Ordinance Mayor Guenthner gave an overview of the history and background of how we arrived where we are today. He then opened the public hearing for the Home Occupation Hearing at 7:44 p.m. People who spoke at the hearing: Name Address Jeff Bonner, III Representing Home Occupation Group Patty Gardner 22703 Winchester Trail Erika & Jake Wickham 19600 Schutte Road Bruce Burgess 21470 Oakdale Drive Mark Lynde 9805 Sundance Road Steve Dornsbach 6925 Rolling Hills Road Mike Patnode 22610 County Road 50 Bruce Smith 10410 Cain Road Jerry Johnson 19275 Mystique Drive Randy Morris 10690 Trail Haven Road Rod Priebe 10400 Trail Haven Road Ron Ruehling 8065 County Road 116 Glenda Rae 22635 County Road 10 Tim McGee 6951 County Road 101 Chris Renko 22185 County Road 117 Cheryl Hawes 10600 Trail Haven Road Keith & Susan Wille 6805 Rolling Hills Road Dale Bisbee 21540 Treeline Drive Dave Poppler 21220 County Road 50 Dan Lange 9515 County Road 19 Dale Novak 20400 Duffney Circle Dave Bormes 19512 Country Circle East Kraig Carlstrom 21520 Treeline Drive John Kippley 23565 Julie Ann Drive Glen Kothrade 20140 County Road 30 Resolution #2001-29 Lot Division – Scherber’s Ordinance No. 166, Relating to Accessory Buildings on 3 acres and less Home Occupation Public Hearing CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 3 of 5 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc Summary of testimony: Home Occupation equals livelihood and people moved here to do this type of work from home; current ordinance is too restrictive; there is no distinguishing between the more urban neighborhoods and agriculture settings; extending an invitation to Council to have a group formed to monitor home occupations and to have input in the ordinance; various forms of home occupations located in Corcoran have little impact on the surrounding neighbors due to the fact they perform their service elsewhere; screening is not always possible on large equipment and the screening proposed is generally too restrictive; small businesses an asset to the community (are around to keep an eye on things, use the local businesses for gas, food, etc.); impact varies by type & location of business (gravel vs. paved roads); if the visual impact is what the concern is, there are a number of properties in Corcoran that have this problem and should be cleaned up also; communication of what is allowed in Corcoran, how to best get the word out; enforcement concerns of existing and proposed ordinance (would neighbors start turning in neighbors?); downtown commercial area needs to be cleaned up; justification for no employees; number of current complaints the city receives on home occupations; timeframe of complying with proposed ordinance; concern when you may not have an employee but a partner that does not reside at same location; farmers that no longer farm but still own the property and need to provide income; grandfathering in current businesses; realization that there will be some changes and not everyone will be happy; employees that meet and leave vs. employees on site; small business starting out can’t afford commercial business site right away; if Corcoran wants to move us out of current homes, do they have a place in Corcoran that is zoned appropriately where we can move to?; was the intent of the ordinance to go so far as to affect a business who has a few clients come to his house from time to time?; consider each business separately; residents afraid that they will not qualify for the permits under the proposed ordinance and that this is their livelihood to support their family. There were a few residences that felt the city did need to restrict home businesses and stated that upon starting any business, it is up to the resident to find out what the city allows - not the other way around; complaints on the hours of the home business located in their residential area and unsightly equipment they have to deal with. MOTION by Thomas, seconded by Bucher, to close the public hearing at 8:55 p.m. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion carried) REGULAR COUNCIL MEETING CONTINUED The Council thanked the residents for their input and informed them that it did help to hear the impact of their concerns and there are a few things they would revisit on the proposed ordinance. The audience was informed that daycare is exempt from the ordinance as the State controls that and cities are not allowed to be more restrictive than the State. They also clarified that garage sales are not subject to this ordinance and that common sense does have to prevail. Home Occupation Testimony CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 4 of 5 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc Regular Council Mtg Continued Discussion of Proposed Home Occupation Ordinance Council asked the audience: how many had employees showing up at their site – approximately 30 – 40 people raised their hands; how many people would be affected with the proposed vehicle weight – approximately 30 people raised their hands; how many had multiple vehicles used for their work – over 50% of the people raised their hands. Discussion of Council: Felt that the ordinance is fair but do need to consider the other side with the input from tonight’s meeting; residents are to find out what the laws are in their city prior to starting anything – not too sympathetic towards those who say they didn’t know; appears that 90% of home occupations do not comply with the current ordinance in place; enforcement issue – what is the plan; number of complaints received: what is being done; establishing different zones based on impacts (noise, nuisance, visual, location); parking issues; proving the negative impact; budget concerns; peer pressure policing (some Council thought that was good, others did not seem to like that idea); what the people move out for is what they should get (residential to stay that way, not have businesses); willing to keep working for a solution to this issue but the proposed ordinance from the Home Occupation group is too extreme. The community is changing and the concern is to address how that will affect the situation of home occupations – where once you were without neighbors, now you may have a development right next to you; trying to cover every conceivable situation is too much; equipment issue seems to be a huge impact; staging may be OK vs. employees that stay at the site; how many home occupations in a neighborhood is OK, when does it become a problem? Planner Sherman informed the Council and audience that she receives approximately 3 phone calls a week on complaints of home businesses mainly dealing with vehicles on gravel roads. The Council then discussed specific issues that they would be willing to revise from the proposed ordinance prepared by Planner Cindy Sherman: 1. Number of employees on site. 2. Vehicle weight (may also look at type of road surface) 3. Size of Parcel 4. Grandfathering/transitio n timing – comply to be more flexible. The consensus of the Council was to direct Attorney Jeff Carson and Planner Cindy Sherman to work on the above comments and incorporate them into the current draft; bring that draft to the May 10th Council Meeting for review (information of meeting to be posted on the community sign – both sides, Crow River News and the City website – www.ci.corcoran.mn.us) and then schedule another Public Hearing if that draft is acceptable to the Council. Jeff Bonner, III, representing the Home Occupation Group stated that they would like to CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 5 of 6 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc have some input or to look at the draft that will be proposed. Home Occupation Continued Reminders to Council on upcoming meetings – an Open House on May 8th regarding the County Road 19 update project from 5:30 p.m. to 8:00 p.m. at the Corcoran City Hall – Civic Center; and a City Council Workshop on May 10th at the Corcoran City Hall at 6:00 p.m. to review the employee handbook. MOTION by Gmach, seconded by Bucher, to adjourn at 10:04 p.m. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) __________________________ ___ Cindy Patnode, Deputy Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 26, 2001 Page 6 of 6 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-04-26 Council Minutes.doc Meetings to be held: Open House 5/8/01- CSAH 19 Project Council Workshop 5/10/01- Re: Employee Handbook Adjourned