The URL can be used to link to this page

Home My WebLink About2001-08-09 Council MinutesCITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 9, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 9, 2001 Minutes.doc Page 1 of 3 Mayor Guenthner called the regular council meeting of August 9, 2001 to order at 7:00 p.m. Present were Councilors Bucher, Gageby, Gmach, Guenthner and Thomas, Administrator Colotti, Clerk Vergin and Attorney Carson. The Pledge of Allegiance was said. Open Forum – No one addressed the Council. MOTION by Bucher, seconded by Thomas, to approve the agenda, with the addition under Council and Mayor’s Report - Set meetings for Budget Workshop August 20 and Natural Resource Sub-committee on August 22. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Thomas, seconded by Gmach, to approve the consent agenda, approving the Minutes of the July 26, 2001 Workshop, Claims and Description of Claims, and Resolution No. 2001-51 Establishing Certain Employee Benefit Levels, and removing for discussion the Council Minutes of June 28, 2001, and the Council Minutes of July 26, 2001. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Bucher, seconded by Thomas to approve the Minutes of the June 28, 2001 Council Meeting as presented. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas to approve the Minutes of the July 26, 2001 Council Minutes, as amended. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Mayor Guenthner explained the process by which the council would follow to take action on the matters of the Home Occupation Ordinance that had been tabled at the July 26, 2001 Regular Council Meeting. MOTION TO TAKE FROM THE TABLE by Bucher, seconded by Thomas to raise the tabled motion from July 26, 2001 and place back on the floor, for consideration of the modifications and adoption of Ordinance No. 170 – Home Occupation Ordinance. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas, to accept the draft ordinance as modified and presented by Attorney Carson. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) VOTE ON MOTION ON FLOOR, adopting Ordinance No. 170 – Home Occupation Ordinance, as before them. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION TO TAKE FROM THE TABLE, by Bucher, seconded by Thomas, to raise the tabled motion from July 26, 2001 and place back on the floor, for consideration of Resolution No. 2001-52, establishing fees for Home Occupations. Voting Aye: Bucher, Gageby, Gmach, Guenthner, and Thomas. (Motion Carried) Called to Order Pledge of Allegiance Open Forum Agenda Approval Consent Agenda June 28, 2001 Minutes July 26, 2001 Minutes Home Occupation Ordinance Home Occupation Ordinance Adopted Resolution No. 2001-52 – Setting Fees for Home Occupations CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 9, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 9, 2001 Minutes.doc Page 2 of 3 Addressed the costs that would be incurred by the City for administering and enforcing the ordinance. AMEND MOTION ON FLOOR, by Bucher, seconded by Thomas, to amend the fees set in the resolution, Allowed Home Occupation – No Charge; Special Home Occupation – Application Fee $50; and Conditional Home Occupation License (CHOL) Application and Renewal Fee of $500.00. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) VOTE ON MOTION ON THE FLOOR, adopting Resolution No. 2001-52, establishing fees for Home Occupations. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Tim McGee in the audience questioned the public hearing process and why the public had not been allowed to comment. Mayor Guenthner responded to his questions stating that the proper procedures have been followed, two public hearings had been previously held where comments were taken and considered in the due process. Understand that some people will be unhappy, but the proper procedures were followed. A resident on County Road 116 questioned the administrative memo in the agenda packet, which identified various dates that were not accurate. Administrator Colotti responded that the memo was actually prepared and part of the matter that had been tabled from the last meeting, and had not been modified to reflect the tabling of the matter. Discussed those that have existing CUPs. Any operation not having a CUP and not in compliance with existing ordinances will need to come into compliance. Each situation will need to be looked at case by case. An individual in the audience requested that the city attorney look at some legislation information that he had regarding home occupations and zoning. Mayor Guenthner stated that he would allow Attorney Carson some time to review the information and come back to it after the Insurance Policy Renewal. Shawn Irwin, the city’s insurance representative with Anderson Agency, addressed the insurance policy proposal effective for August 10, 2001-2002. The city’s insurance is handled through the League of Minnesota Cities Insurance Trust (LMCIT). Mr. Irwin described some of the new options available to cities. Discussed the changes that have occurred to the city’s policy, referencing the update on equipment owned by the city, safety-training employees are taking, replacement coverage, exposure increases, losses sustained by the city and deductibles. The overall renewal premium for the city will be $41,246. MOTION by Bucher, seconded by Thomas, to accept the insurance renewal proposal consistent with the information provided by Shawn Irwin, Anderson Agency. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Resolution No. 2001-52 Adopted Fees Set Miscellaneous Discussion Insurance Renewal Presentation Accept Insurance Renewal Proposal CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 9, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 9, 2001 Minutes.doc Page 3 of 3 Mayor Guenthner moved back to the previous discussion asking Attorney Carson to comment on the information that he had been asked to review. Attorney Carson indicated that the information pertains to legislation passed in 2000 regarding businesses in locations where rezoning occurs creating a non- conforming use. This is not the case here, as the city is not rezoning properties. Majority of existing home businesses are non-conforming, were not legal when they started and not legal now. Therefore, they need to comply with the new ordinance. If someone was lawful and the city changed the zoning, then they would be allowed to remain until such time as they cease operation. Mayor Guenthner announced that the following meetings would be held: ! September 10, 7:00 p.m. joint meeting of the Council, Planning Commission and Waste Water Commission for the purpose of general business and to hear a presentation on alternative septic system options. ! August 20, 6:00 p.m. Council Budget Meeting. ! August 22, at 7:00 p.m. a Natural Resource Subcommittee Meeting. MOTION by Bucher, seconded by Thomas, to adjourn the council meeting, 7:50 p.m. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) _____________________________________ Susan Vergin, CMC, City Clerk Miscellaneous Discussion Home Occupations and Zoning Announcements of Upcoming Meetings Adjournment