HomeMy WebLinkAbout2001-05-24 Council Minutes - Part 1
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 1 of 6
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
Mayor Guenthner called the regular council meeting of May 24, 2001 to order at
7:00 p.m. Present were Councilors Bucher, Gageby, Guenthner and Thomas,
Administrator Colotti, Attorney Jeff Carson, Engineer Vander Top, planner
Sherman, City Clerk Vergin and Public Works Directed Pat Meister. Councilor
Gmach was excused absent.
There were numerous people in attendance.
The Pledge of Allegiance was said.
Open Forum – Dan Lange and Steve Kohnen requested an opportunity to speak
to the council regarding the KidNation Daycare facility.
Alma Zitzloff indicated that she was present representing Qwest, the property
owner of the site proposed for KidNation, and was present to address any
questions that the council may have for her.
The Council indicated that they would recognize those individuals and allow
their comments during the discussion of KidNation, agenda item 7.
MOTION by Bucher, seconded by Thomas, to approve the agenda, noting the
Ordinance numbering. Voting Aye: Bucher, Gageby, Guenthner and Thomas.
(Motion Carried)
MOTION by Thomas, seconded by Gageby, to approve the consent agenda,
approving the May 10, 2001 Workshop Minutes, the May 10, 2001 Council
Minutes and the Claims and Description of Claims. Voting Aye: Bucher,
Gageby, Guenthner and Thomas. (Motion Carried)
MOTION by Thomas, seconded by Bucher, to approve Resolution #2001-32,
approving the Liquor and Tobacco licenses as identified. Voting Aye: Bucher,
Gageby, Guenthner and Thomas. (Motion Carried)
Planner Sherman gave a report on the application submitted by Tim and Kristal
Zimmerman to allow for a commercial daycare center to be known as KidNation.
The site is currently zoned R-1. The request is to rezone the site, which is
approximately 3 acres in size to C-1. This is consistent with the land to
Conditional Uses in both the C-1 and the C-2 zoning districts
A variance is being requested to allow two buildings to exist on the
property. Qwest has an existing concrete switching building on the site
and the long-term need for the facility is undetermined. A variance for the
west property line is also being requested. The C-1 ordinance has a side
yard setback of 20’ and 50’ adjacent to a residence district. In the general
information provided to the applicant the 50’ provision was not listed, therefore
the plan was based on the information provided to them.
The final stage of the application is the actual site review, which includes an
8,167 square foot commercial building designed to accommodate commercial
daycare for a variety of age groups. State Law regulates the sizes required to
accommodate certain age groups and the number of children allowed.
The building as proposed is a brick and stucco facility with all four sides finished
and with asphalt shingled roof. A parking lot to accommodate 26 cars with curb
and gutter and pavement has been provided. A landscape plan has been
submitted that provides 126
plantings including trees, shrubs
and perennial flowers.
Call to Order
Pledge of Allegiance
Open Forum
Agenda Approval
Consent Agenda Approval
Resolution # 2001-32
Liquor – Tobacco Licenses
KidNation Application
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 2 of 6
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
Primary and secondary septic sites have been identified with a design submitted
for the primary site.
The entire rear portion of the parcel will be fenced for play areas.
A grading plan has been submitted, however no provisions have been made for
ponding on site. This needs to be addressed.
The Planning Commission has reviewed this request and recommends approval
as outlined in the resolution and ordinances.
Dan Lange – voiced his concerns with drainage and run off, would like to see a
greater setback on the west side.
Steve Kohnen – questioned why a 17-foot right-of-way for the county road was
not being requested at this time.
Planner Sherman responded that the right-of-way is only requested at the time
that a subdivision is being done, and this is not a subdivision.
Norm Gartner, Engineer for the Zimmermans, stated that he has been in contact
with the Hennepin County Conservation District and they are presently looking
at an infiltration bed and other means to control and manage the run off. Revised
plans and drainage calculations will be provided for further review.
Addressed the setback requirements. A hardship needs to be defined if a variance
is going to be granted. Staff is to work with the applicant to meet the required
setbacks.
City Engineer Vander Top stated that if a sediment pond is going to be provided
on site, then the city should enter into a maintenance agreement with the owner
to assure that the costs for maintaining it are covered. Feels that the rate of runoff
is not the issue, the quantity of the run off is. That they could look at an off site
solution for the greater good of the neighborhood.
MOTION MADE AND AMENDED by Thomas, seconded by Bucher to
approve Resolution No. 2001-33, granting a conditional use permit and
approving the site plan, with the conditions that the setback requirements be met,
and that city staff will administratively approve the final plans. Voting Aye:
Bucher, Gageby, Guenthner and Thomas. (Motion Carried)
MOTION by Thomas, seconded by Bucher, to adopt Ordinance No. 2001-167,
approving the Rezoning of the property to C-1. Voting Aye: Bucher, Gageby,
Guenthner and Thomas. (Motion Carried)
MOTION by Bucher, seconded by Thomas, to adopt Ordinance No. 2001-168,
approving the text amendment to the City Ordinances, allowing commercial
daycares and preschools in C-1 and C-2 zones by Conditional Use Permits.
Voting Aye: Bucher, Gageby, Guenthner and Thomas. (Motion Carried)
Planner Sherman reported on the application by Park Place Storage to amend
their existing CUP, allowing for an RV dump station on site.
MOTION by Bucher, seconded by Thomas, to adopt Resolution No. 2001-34,
approving the amendment to the CUP for Park Place Storage, allowing an RV
dump station. Voting Aye: Bucher, Gageby, Guenthner and Thomas. (Motion
Carried)
Mayor Guenthner announced that
he would not engage in discussion
on the next agenda item, as it
relates to him directly.
Resolution No. 2001-33
Granting CUP - KidNation
Ordinance No. 2001-167
Rezoning to C-1 KidNation
Ordinance No. 2001-168
Text Amendment- Commercial
Daycares and Preschools
Park Place Storage CUP
Resolution # 2001-34
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 3 of 6
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
Approval of CUP
Planner Sherman reported on the application by Kenneth Guenthner for a CUP to
allow for accessory structures on his parcel to exceed 3175 square feet.
MOTION by Gageby, seconded by Thomas, to adopt Resolution No. 2001-35,
approving a CUP for Ken Guenthner allowing for accessory buildings in excess
of 3175 square feet. Voting Aye: Bucher, Gageby and Thomas. Abstained:
Guenthner. (Motion Carried)
Planner Sherman reported on the application by Dick Wise for a CUP to allow
for accessory structures on his parcel to exceed 3175 square feet.
MOTION by Bucher, seconded by Thomas, to adopt Resolution No. 2001-36,
approving a CUP for Dick Wise allowing for accessory buildings in excess of
3175 square feet. Voting Aye: Bucher, Gageby, Guenthner and Thomas.
(Motion Carried)
It was requested that a progressive step for accessory building sizes be looked at
for parcels larger then 10 acres, it was directed that this be placed on the next
agenda for further discussion.
Planner Sherman reported on an application by Greg Ebert and Greg Hoffman for
a CUP to allow for auto and equipment sales, leasing and repairs at 23400
County Road 10. This application includes a rezoning to C-2. Presently the
property is located within both the R-1 and C-2. To be consistent with the use
and the surrounding properties it is recommended that the entire parcel be
rezoned to C-2.
MOTION by Thomas, seconded by Bucher, to adopt Resolution No. 2001-37,
approving a CUP and Site Plan for G & M Properties/Hoffman Sales and Leasing
at 23400 County Road 10, with a modification to Condition #3, noting that
specific landscaping materials is to be identified. Voting Aye: Bucher, Gageby,
Guenthner and Thomas. (Motion Carried)
MOTION by Thomas, seconded by Bucher, to adopt Ordinance No. 2001-169,
approving the rezoning of the property identified as 23400 County Road 10 to
C-2. Voting Aye: Bucher, Gageby, Guenthner and Thomas. (Motion Carried)
Planner Sherman reported on the proposed Schlangen Land Division. The
council has reviewed this division previously, and at this time it appears to meet
all of the requirements previously requested of the council.
MOTION by Bucher, seconded
by Thomas, to adopt Resolution
No. 2001-38, approving the
Schlangen Land Division. Voting
Aye: Bucher, Gageby, Guenthner
and Thomas. (Motion Carried)
Planner Sherman reported on the
site plan submitted by Wright-
Hennepin Electric for the
construction of a
telecommunications building for
W.H. Link at their substation
located along County 116 and
Larkin Road. Some criteria
addressed and clarified where to
require bituminous concrete
curbing, a landscape plan shall be
submitted prior to approval which
shall show additional plantings
around the perimeter of the
building, and the entrance onto
County Road 116 shall be
eliminated.
Guenthner CUP – Accessory Bldg
Resolution # 2001-35
Approval of CUP
Wise CUP – Accessory Bldg
Resolution # 2001-36
Approval of CUP
Accessory Building Size –
Place on Next Agenda
Ebert/Hoffman
CUP-Auto Sales, Lease, Repairs
Rezoning to C-2
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 4 of 6
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
Resolution # 2001-37
Approval of CUP
Ordinance No. 2001-169
Approval of Rezoning
Schlangen Land Division
Resolution No. 2001-38
Approval of Land Division
Wright-Hennepin Site Plan
WH Link - Bldg
MOTION by Thomas, seconded by Gageby, to approve the site plan for Wright
Hennepin Electric / W.H. Link with the conditions identified in the Planner’s
report and addressed by the council. Voting Aye: Bucher, Gageby, Guenthner
and Thomas. (Motion Carried)
Planner Sherman reported on the placement of a sign by Streeter Development/
Corcoran Corners. At present it is a permitted sign, however if it is there too
long, exceeding the temporary placement period, the city can require its removal.
Planner Sherman reported that the Perma Green property has been sold, that the
new owners are responsible for cleaning up the site. The matter of the
abandoned well is being looked into.
PUBLIC HEARING – HOME OCCUPATION ORDINANCE
Mayor Guenthner called the public hearing to order at 8:05 p.m. for the purpose
of addressing the proposed home occupation ordinance.
Attorney Jeff Bonner, representing a group of individuals concerned with the
ordinance addressed the council. Stated they feel that the ordinance is vague and
ill defined. The group would like to hold a working session with the council to
redraft the ordinance.
Gageby requested Attorney Bonner to be specific and identify the areas of
concern.
Bonner responded by identifying Section 8. a, b, c, and h, indicating that they
should be deleted.
John Spaeth, Planning
Commissioner, stated that it was
the intent to limit, not eliminate
home occupations.
Greg Ebert, Planning
Commissioner, as a member of
the commission he would like to
see consistency, cleared direction
to be given by the council.
Tim McGee, County Road 101,
suggested that standards be tiered.
Explanations of what the licenses
will consist of and costs, so that
they have a better understanding.
Dan Lange, there are legitimate
concerns with nuisances, so why
isn’t the city addressing them.
Tim Mahanna, County Road 10,
concerned with businesses
operating in residential
neighborhoods, numerous
employees coming into private
settings.
Dick Theis, locations of
businesses, whether on a gravel or
bituminous road and size of lots
are not addressed in the ordinance.
Substantial impacts are due to
traffic.
Attorney Bonner, Sections 8.e and
d address some of these specifics.
MOTION by Thomas, seconded
by Bucher, to adjourn the public
hearing. Voting Aye: Bucher,
Gageby, Guenthner and Thomas.
(Motion Carried)
REGULAR COUNCIL
MEETING CONTINUED
Council discussion pertaining to
the home occupation ordinance
took place.
Gageby requested that the
notification to adjacent property
owners be consistent with other
public hearing requirements of
350 feet.
Guenthner noted that enforcement
has been an issue over the years,
there are several businesses that
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 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-
05-24 Council Minutes.doc
exist that shouldn’t. The city is trying to move forward to deal with the issues, to
create a structure and environment to enforce the
Approval of Site Plan
WH Link/Wright-Henn.
Streeter/Corcoran Corners Signage
Perma Green Property
Public Hearing Called To Order
Home Occupation Ordinance
Public Comments
Public Hearing Adjourned
Regular Mtg Continued
Council Discussion
ordinance and provide fair
treatment. The city needs to have
some discretion based on the type
of business, fairness to all
applicants. The city cannot be
arbitrary.
Thomas - this type of an
ordinance needs to be subjective.
Guenthner - have made
successions to the ordinance by
allowing employees in the new
proposed draft.
Thomas - it is not the intent to
shut down businesses, it is the
intent to clean up the system.
Residential areas should be
residential, need to protect the
residents. Would like to see no
employees, but could work with
those existing to grandfather them
in. willing to work with those
home businesses currently in
existence.
Bucher - need to look at criteria,
the city is growing and changing.
Perhaps look at a special zoning
for home businesses.
Gageby – the council is working
with the premise that commercial
businesses are not allowed in
residential areas. Home
occupations should not impact
residential areas. Over two years
has been spent on this matter
trying to be fair and equitable.
Guenthner – the adoption of an
ordinance requires a 4 / 5th vote,
and it appears that the ordinance
as drafted today will not be
adopted.
Addressed the employee matter
further. Recommend that Section
9 of the draft ordinance dated May
17, 2001 be amended to indicate
that number of employees that
applicants for home occupation
licenses will be given
consideration for the number of
employees that can be proven to
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 6 of 7
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
have actually existed within the nine month period prior to May 24th, 2001;
would be permitted; however, if the business does not come in to register with
the city within a set period of time, they will be required to meet the new criteria
of no employees.
MOTION by Thomas, seconded by Bucher, to table the matter and direct city
staff to prepare an amended draft of the home occupation ordinance based on the
directives from this meeting, to be reviewed by the council on June 21. Voting
Aye: Bucher, Gageby, Guenthner and Thomas. (Motion Carried)
Engineer Vander Top gave a report on the Rolling Hills Road improvement
project. Buffalo Bituminous was the lowest, responsible bidder. The only
outstanding easement is the Lyle’s, a construction easement, but all work can be
done within the existing right-of-way. The Siweks easement will be signed at the
time that they receive compensation for their fence of $12,500.00.
MOTION by Bucher, seconded by Thomas, to adopt Resolution No. 2001-39,
awarding the bid for the Rolling Hills Road Improvement Project to Buffalo
Bituminous, and authorizing entering into a contract for such bid, contingent
upon the Siwek easement being signed. Voting Aye: Bucher, Gageby, Guenthner
and Thomas. (Motion Carried)
Addressed the dust control program and the final assessment roll. Noted that
comments from various residents had been forwarded and reviewed by the
council. That a portion of Schutte Road had not been included, because they
have access from a bituminous surface.
MOTION by Gageby, seconded by Thomas, to adopt Resolution No. 2001-40,
adopting the special assessment roll for the dust control program. Voting Aye:
Bucher, Gageby, Guenthner and Thomas. (Motion Carried)
Redraft Home Occup Ordinance
Rolling Hills Road Project
Resolution No. 2001-39
Award Bid – Buffalo Bituminous
Dust Control Program
Resolution No. 2001-40
Adopt Assessment Roll
Reviewed the assessor’s proposed
contract and cost for 2002.
Council by consensus directed
Administrator Colotti to confirm
costs with Hennepin County
noting that this is no reflection on
the services presently being
provided, but assurance of costs
being competitive.
Administrator Colotti gave an
overview on the budget status as
of April 30. There are concerns
with the heat pump claim to the
insurance company, not all of the
costs may be covered as first
informed. The streets department
is presently operating over budget,
CITY OF CORCORAN
REGULAR COUNCIL MEETING – PUBLIC HEARING HOME OCCUPATION
MAY 24, 2001
Page 7 of 7
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2001 - Need to PDF\2001-
05-24 Council Minutes.doc
but may come back in line by year-end.
Administrator Colotti reported on budget considerations for the planning
department. At present no fee increases are being recommended, but new
assumptions will be reviewed for the 2002 budget.
Mayor Guenthner called a workshop meeting on June 21 at 6:00 p.m. for the
purpose of reviewing the handbook and city codes.
Mayor Guenther called a special council meeting on June 14 at 4:30 p.m. for the
purpose of interviewing planning technician applicants. Noted that Chairs of the
Wastewater Commission and Planning Commission will be invited to participate
in the interview process.
MOTION by Thomas, seconded by Bucher to adjourn the council meeting,
10:00 p.m. Voting Aye: Bucher, Gageby, Guenthner and Thomas. (Motion
Carried)
_________________________
Susan Vergin, CMC, City Clerk
Assessors Contract
Budget Report Overview
Planning Department Budget
Set Workshop 6/21/01
Set Spec Council Mtg 6/14/01
Adjournment