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Home My WebLink About2001-08-23 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 23, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 23, 2001 Minutes.doc Page 1 of 4 Mayor Guenthner called the regular council meeting of August 23, 2001 to order at 7:00 p.m. Present were Councilors Bucher, Gmach, Guenthner and Thomas, Administrator Colotti, Clerk Vergin, Attorney Carson, Planner Sherman and Planning Tech Tracy Jones. Councilor Gageby arrived at 7:05 p.m. The Pledge of Allegiance was said. Open Forum – No one. MOTION by Bucher, seconded by Thomas, to approve the agenda as revised. 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 August 9, 2001 Workshop, Draft PC Minutes of August 2, 2001 and Draft WWC Minutes of August 13, 2001, and removing for discussion the Council Minutes of August 9, 2001, and the Claims and Description of Claims. Voting Aye: Bucher, Gmach, Guenthner and Thomas. (Motion Carried) Councilor Gageby arrived. MOTION by Gmach, seconded by Bucher to approve the Minutes of the August 9, 2001 Council Meeting as amended, “Discussed those that have existing CUPs. Those will be grandfathered in. Any operation not having a CUP…” Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Addressed the claims, deleting #1879 Ziegler and adding #1890 Postmaster. Addressed the costs that were associated with the sprinkling system being installed. Typical procedure would be for the council to approve projects prior to work being performed, this was an instance where staff deviated from that due to other factors. MOTION by Thomas, seconded by Bucher to approve the claims as presented with the changes, #1857 through 1890. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas, to accept the retirement notification of Parks Supervisor, Wilfred Bechtold, effective September 30, 2001 and to provide offer of re-employment effective October 30, 2001. Re-employment shall be to the same position at the same wage and benefit level as the date of retirement. The position is and will be held as an at-will position. The balance of sick leave and vacation time will be paid out at the time of termination in accordance with the adopted employee handbook. Medical insurance will continue during the time of unemployment with the employee reimbursing the city for the cost of the insurance during the time of unemployment. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Called to Order Pledge of Allegiance Open Forum Agenda Approval Consent Agenda Approval 8/9/01, Council Minutes Approved Claims Approved Retirement / Re-Hire Parks Supervisor CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 23, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 23, 2001 Minutes.doc Page 2 of 4 MOTION by Gmach, seconded by Thomas, to adopt Ordinance No. 171 Relating to Grading and Land Reclamation. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas to approve Resolution No. 2001-54, adopting fees for the grading and land reclamation permits. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Thomas, seconded by Gmach, to approve Resolution No. 2001-61, to approve the Hennepin County Chief’s of Police Association Mutual Aid Agreement, dated July 1, 2001. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas, to approve Resolution No, 2001-55, approving the preliminary plat for W.H. Cates Longhorn Estates, with the conditions as identified in the resolution. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Planner Sherman gave an overview of the Heinz minor subdivision. The Heinz are being required to provide 50 feet from the center of the road on County Road 117, and 40 feet from the center of the road on Cain Road, for right-of-way. Their driveway access shall come in from Cain Road. Discussion ensued regarding metes and bounds versus platting. The city needs to have a clearly stated standard to be consistent in these requirements. Existing ordinance describes metes and bounds as: “Property divisions be metes and bounds may be allowed without platting in cases where the legal description creating the division consists of one straight line, simply described. The determination of what constitutes a simple described line shall be determined by the City staff, including the City Attorney, City Engineer, and City Planner. No other division of one or more parcels in which land conveyed is described by metes and bounds shall be made or recorded unless such parcel was a separate parcel of record at the time of the effective date of this Ordinance. Building permits will be withheld for building or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts.” Attorney Carson indicated after reading the ordinance, the intent is to approve what is thought to be a simple division. The Council directed staff to place the matter of metes and bounds versus platting on the next agenda for further discussion. The City needs to clearly state the rules. Attorney Carson assured the council that the history and the intent of the ordinance would allow this type of simple land division. MOTION by Gmach, seconded by Bucher to adopt Resolution No. 2001-56 approving the Heinz minor subdivision. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) MOTION by Gmach, seconded by Thomas, to adopt Resolution No. 2001-57, approving the final plat for Windmill Ponds, noting that covenants need to be put Ordinance No. 171 Adopted Grading/Land Reclamation Resolution 2001-54 Approved Setting Fees Resolution 2001-61 Approved Mutual Aid Hennepin Co. Chief’s Assoc. Resolution 2001-55 Approved Preliminary Plat – W.H. Cates Longhorn Estates Heinz Minor Subdivision Metes and Bounds versus Platting Back on next agenda for further discussion Resolution 2001–56 Approved Heinz Subdivision Resolution 2001-57 Approved Final Plat Windmill Ponds CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 23, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 23, 2001 Minutes.doc Page 3 of 4 in place on the lot greater than 3 acres, to follow the accessory structure ordinance regulating accessory structures on lots of less than 3 acres. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) Planner Sherman reported on the Peterson Variance request. An application had been made to allow a 13.7’ side yard setback rather then the 20-foot. The property is unique in that it is surrounded by Maple Grove on three sides. Maple Grove allows for a five-foot setback. The Planning Commission had recommended denying the permit, as they did not feel that a hardship had been identified. The council discussed the applicant’s request in detail. Comments included that it is a unique situation as it is surrounded by Maple Grove; there are utility and drainage easements in place that would not be compromised by the proposed setback; neighbors could place a structure within 5-feet of the Petersons lot line; this is unique to that neighborhood and most likely will not be replicated any where else in the city; the rear of the lot is steep; need to consider alternative location for septic system; testimony by neighbors at the public hearing was favorable. Mayor Guenthner questioned Attorney Carson if the city would maintain its integrity if the variance is granted due to the rare circumstances. Attorney Carson replied that either denial or approval would be defensible. Findings for denial or findings for approval need to be identified. The resolution was revised, based on comments from the council members. Planner Sherman read the resolution as amended. MOTION by Gmach, seconded by Bucher, to approve Resolution No. 2001-58, approving a side yard variance for Jeff Peterson at 19140 81st Place North. Voting Aye: Bucher, Gageby, Gmach, and Guenthner. Voting Nay: Thomas. (Motion Carried) Planner Sherman reported on the Kellington Construction applications. An amended CUP for the property at 20110 Auger Avenue, a CUP and site plan review for the property at 20120 Auger Avenue. These items will be acted upon separately, even though they do interrelate. Councilor Gageby announced that he would be abstaining from the issues regarding Kellington Construction, as he does work with the company on occasion. The amended CUP is to allow additional office space within the existing facility and parking at 20110 Auger Avenue. There were five conditions identified: 1) Concrete curb and gutter shall be provided around the perimeter of all parking areas and paving shall be required of all parking areas. 2) All employee parking shall be accommodated on site. 3) The septic system shall be protected with fencing. 4) The parking and drive areas shall be constructed to a nine-ton standard to accommodate fire equipment. 5) Drainage information shall be provided for the new parking area and is subject to review and approval of the City Engineer. Planner Sherman noted that there are some grading issues that are being worked out. The City will hold securities until all criteria of the permits are met. Peterson Variance Resolution 2001-58 Approved Variance at 19140-81st Kellington Applications CUP for 20110 Auger Avenue CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 23, 2001 E:\CityHall\Office97\2000\Word\Council Minutes\Council Minutes-01\August 23, 2001 Minutes.doc Page 4 of 4 MOTION by Thomas, seconded by Gmach, to approve Resolution #2001- 59, amending the existing Conditional Use Permit at 20110 Auger Avenue. MOTION TO AMEND by Bucher, seconded by Gmach to amend Resolution #2001-59, modifying #3 as follows: The septic system shall be protected with permanent fencing until such time as sewer and water utilities are available to the site. Voting Aye: Bucher, Gmach, Guenthner and Thomas. Abstained: Gageby. (Motion Carried) VOTE ON AMENDED RESOLUTION: Voting Aye: Bucher, Gmach, Guenthner and Thomas. Abstained: Gageby. (Motion Carried) MOTION by Bucher, seconded by Thomas to approve Resolution No. 2001-60, granting a conditional use permit and site plan approval for the property located at 20120 Auger Avenue. Discussion of the application took place. Paul Meyer, architect for Kellington was present. After some discussion on the site plan it was apparent that information was lacking and the staff needed more time to review before coming to council. MOTION TO TABLE by Bucher, seconded by Gmach, to table the matter of the Conditional Use Permit and Site Plan for 20120 Auger Avenue, as the information being provided is inadequate. Voting Aye: Bucher, Gmach, Guenthner and Thomas. Abstained: Gageby. (Motion Carried) Mayor Guenthner reaffirmed his request of staff that all information be provided before a meeting, not at a meeting, allowing the council to make well informed decisions on issues before them. Attorney Carson updated the council on two civil court cases regarding the enforcement of the city’s codes, Clemens and Bauer. The July budget analysis was reviewed. Mayor Guenthner called a Natural Resource Sub-Committee meeting for August 29, 2001 at 7:00 p.m. MOTION TO ADJOURN by Bucher, seconded by Thomas, 8:50 p.m. Voting Aye: Bucher, Gageby, Gmach, Guenthner and Thomas. (Motion Carried) ____________________________ Susan Vergin, CMC, City Clerk Resolution 2001-59 Amend Resolution 2001-59 Resolution 2001-59 Approved CUP 20110 Auger Avenue Resolution 2001-60 20120 Auger Avenue Application Tabled for 20120 Auger Avenue CUP / Site Plan Attorney Report– Civil Cases July Budget Analysis Natural Resource Mtg Called Adjournment