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HomeMy WebLinkAbout2000-11-30 Council MintuesDocument No. 02 Page 1 of 5 December 11, 2000 Adoption Prepared By: Roberta Colotti, City Administrator City of Corcoran Council Minutes – November 30, 2000 CALL TO ORDER/ROLL CALL Mayor Guenthner called the meeting to order at 7:00 PM • Members Present: Mayor Ken Guenthner, Councilors George Gmach, John Bucher, Dixie Lindsley, and Ron Thomas. • City Representatives Attending: City Administrator Roberta Colotti, Public Works Director Pat Meister, City Engineer Vince Vander Top, City Planner Cindy Sherman, and City Attorney Jeff Carson. • Also Attending: Pat Puhle, David Gageby, Dorothy Theis, Mike Patnode, Jon Isaacson, Dan Lange, Tim McGee, Steve Kohnen, Duane Martin, Keith Carlson, Loren Kohnen, Martin Miller, Judy Fehn, Sue Poulsen, Jake & Erika Wickham, Ed & Marlys Kothrade, Greg Begin, Natalie Fehn, and Brian Mackenzie. PLEDGE OF ALLEGIANCE • Mayor Guenthner opened the meeting with the Pledge of Allegiance. APPROVAL OF AGENDA • Motion: RT/JB; all in favor – to adopt the agenda as revised: a) Moving Item 10 “Ordinance No. 160 Home Occupations” forward on the agenda. b) Establishing that the Council will hold the Corcoran Trail East & West Open House at 8:30 PM and continue any unfinished business after that. OPEN FORUM • No public comment was received. CONSENT AGENDA • Motion: DL/RT; all in favor – to adopt the consent agenda with the October 26, 2000 Minutes, Claims Report and Monthly Budget Report pulled for discussion. Approved as Consent Agenda • Minutes of November 9, 2000 as presented. • Waste Water Commission draft minutes of November 13, 2000 as presented. • Order to hold the legal review of the employee handbook until after the first of the year. Pulled for Discussion • Motion : GG/RT; all in favor – to approve the minutes of October 26, 2000 as amended. • Motion: DL/RT; all in favor - to approve claims pending payment #999-1042 totaling $31,829.23 and pre-paid claims #DW24PAY, #5885-5906 totaling $24,235.91 for a combined total of $56,065.14. Council requested that planning, legal and engineering invoices be attached to future claims reports. • Motion : DL/JB; all in favor – to accept the October Monthly Budget report as presented. Council requested that the various tax payments and rents be further defined in the next report. HOME OCCUPATION ORDINANCE NO. 160 The City of Corcoran has been discussing Home Occupations for a number of years with the most recent discussions beginning in January of 2000. In June the City Council adopted a moratorium on home occupations to allow time to review its regulations and to finalize an ordinance to address concerns related to home occupations. This moratorium is effective until December 19, 2000. The Planning Commission reviewed several drafts of the ordinance and forwarded a draft to the Council in April for review. The ordinance was modified to address Council comments and then sent back to the Commission for review prior to holding a public hearing. Document No. 02 Page 2 of 5 December 11, 2000 Adoption Prepared By: Roberta Colotti, City Administrator City of Corcoran Council Minutes – November 30, 2000 The Planning Commission held a public hearing on the ordinance at their November 2, 2000 meeting and a number of interested people attended the hearing and made comments. The ordinance as drafted proposes a three-tier system for home occupations. The first tier is a permitted home occupation that is allowed with no special consideration if certain criteria are met. The second tier is an administrative permit that will be issued by staff subject to a notice to neighbors and to certain criteria outlined in the ordinance. The third type is called a conditional home occupation and it requires an application with a hearing before the Planning Commission and review and action by the Council. The three-tier system allows for a different degree of regulation depending on the potential impact a home occupation may have on the residential character of an area. The Commission also discussed the need to develop criteria for administrative review so that items such as lot size, access, separation, etc. can all be considered when reviewing requests. The subject of limiting hours was also discussed but it was felt that the hours were better regulated in the permitting process. Depending on the use, hours of operation may or may not have an impact on adjoining properties. Public Comment Received • Council accepted a petition to “Stop the City Council to Pass the Ordinance for Businesses to be Run Out of Your Home Base” presented by Erika Wickham • Tim McGee, 6951 Co. Rd. 101, requested that the council members each make a statement regarding their position on the proposed ordinance. • Councilor Gmach stated that the council should present to the audience what their intent is as a council regarding the ordinance and its enforcement. However, they should not get into a debate at this time. It is important that the council adopt an ordinance so that the current moratorium on home occupations can be lifted. • Erika Wickham, 19600 Schutte Road asked that the ordinance be tabled to address different situations and to allow people to become familiar with the ordinance. • Jon Isaacson, 10515 Co. Rd. 116 asked if the Council would be voting yes or no on what was before them. • Mayor Guenthner stated the Council could vote on the ordinance as drafted or direct changes to be made to the ordinance for consideration at a future meeting. • Steve Kohnen, 23240 Co. Rd. 30, asked if home occupation operators who went through the Conditional Use Permit (CUP) process in the past would be required to re-apply. • Councilor Gmach responded that he knows there are operators who applied for and were granted permits in the past. If they continue to operate under the conditions of the permit, he did not believe they would need to make a new application. However, the City Attorney would need to be consulted on the matter for a final answer. While some operators did make formal application in the past, there are others who did not. They may have chosen to push the envelope thinking that there would be no enforcement of violations. These operators would be required to now make an application. • Mike Patnode, 22610 Co. Rd. 50 said that many years ago he appeared before the city council, at their request, to seek a status as a grandfathered business. What is the status of a business that participated in that proceeding? • Councilor Gmach said that 20 some years ago the council passed an ordinance governing home occupations. They asked existing business to come in and register with the city for a 20-year grandfather status. This was done to give the existing business time before coming into compliance with the full conditions of the ordinance. • Planning Commission Chair, Sue Poulson, reviewed six main topics of discussion by the Planning Commission, which were; Special Conditions, Grandfathering Existing Business, Enforcement, Administrative Guidelines, Effect of Comprehensive Plan, and Employees of the Business. Document No. 02 Page 3 of 5 December 11, 2000 Adoption Prepared By: Roberta Colotti, City Administrator City of Corcoran Council Minutes – November 30, 2000 City Council Discussion • Councilor Gmach requested that Section 7, “Third Tier”, Part B – be revised to provide a distinction between businesses located in residential and agricultural areas. • Councilor Bucher stated that the draft presented represented the feelings and changes discussed in the past by the City Council and Planning Commission. • Councilor Lindsley stated that we now have something in writing and yet we need to maintain flexibility. However, she did not want those items left up to future interpretation to become biased. She favors home occupations and always has favored them. There are people in her neighborhood that rely on the income generated from their home occupation. One who is disabled and would not be able to operate the business without the outside help. • Overall the council requested that additional time for public review and comment be provided before final passage of the ordinance. • Mayor Guenthner stated that in consideration of the fact that the process used to develop the ordinance had taken over a year and had been in the Crow River News and public hearings had been advertised on the City Bulletin Board, what other methods of communicating the next meeting would the public like to see. • Members of the public offered the following suggestions: Cable TV, Improved Coverage by Crow River News, Web Site, and the placement of Flyers in the windows of local business. • Mayor Guenthner stated that a substantial change from the current to proposed ordinance is the fact that it specifically states employees will not be permitted. The next questions for the council is whether the administrative guidelines should be developed before or after adoption of the ordinance. • Council discussed the big picture equities; such as if an operator has been in business for many years and they came before the council for building permits to expand their business. Should they be granted time to come into compliance with the ordinance. • City Attorney, Jeff Carson, provided a definition of Non-Conforming Use. In order for a business to be considered a non-conforming use, it must have at one time been a permitted use. Otherwise it would be considered an illegal use. State law prohibits the city from establishing an amortization schedule for a non- conforming business, which would result in their being put out of business. However, the city can require illegal uses to either immediately come into compliance or they can set up an amortization schedule to bring about compliance. Council Action • Motion: RT/GG; all in favor – to order the City Attorney to prepare a resolution extending the home occupation moratorium until March 31, 2001. To allow the council and public additional time to review the ordinance and prepare administrative guidelines. • Council directed staff to wait until the new fiscal year to begin preparation of the administrative guidelines. • Dan Lange, 9515 Co. Rd. 19, said that the Planning Commission had refused to table this item when requested to do so at the public hearing, which scared him. He was glad to see the City Council using more common sense. • Councilor Thomas stated that the Planning Commission was following orders from the City Council in preparing and presenting the ordinance. NEW BUSINESS • Kathleen Roach & Sharon Feess of the North West Hennepin Human Services Council appeared before the City Council to request renewed participation in 2001. They were formed in 1972 through a joint powers agreement between Corcoran and 14 other cities. Their primary objective is to perform research, planning and coordinating services. Currently there are 88 Corcoran residents eligible for the Welfare to Work program they sponsor. Corcoran received $1,200 for tobacco compliance checks from them this year. Corcoran residents Document No. 02 Page 4 of 5 December 11, 2000 Adoption Prepared By: Roberta Colotti, City Administrator City of Corcoran Council Minutes – November 30, 2000 have been provided with $2,200 in emergency service needs funds. They have sponsored smoke alarm check at Maple Hill Estates. They provide resource directories to Corcoran residents. If we do not continue to participate in this joint powers agreement and provide the necessary funding, they will no longer provide the type of services listed above. Councilor Lindsley stated that she served on the NW Hennepin Human Services Council for two years. The Council has not had a representative during the year 2000. The Council agreed to take their request for funding under advisement. The Council directed the City Administrator to include their funding amount in the 2001 final budget for consideration on December 11, 2000. It was also requested that further information on the meeting schedule and time commitment be presented to the City Council at the January 2001 annual meeting. RESOLUTIONS & ORDINANCES • Motion: JB/DL; all in favor – to adopt Resolution No. 2000-79 “Setting Fees for the City of Corcoran” as presented. PLANNING COMMISSION REPORT • Council accepted the draft Planning Commission minutes of November 2, 2000 as presented. • Motion: RT/DL: all in favor – to adopt Resolution No. 2000-81 “Approving a Land Division for Lonnie Rux for Land Located in the Southeast ¼ of the Northwest ¼ of Section 25, Township 119, Range 23, PID #25-119-23-24-0003” as presented. • Council reviewed the Perma Green CUP, which was issued in June of 1997. It was noted that there appears to be several violations of the permit conditions. It was also noted that a number of these conditions had been in a state of semi-completion since the permit was first issued. The Council ordered that a notice be sent to the property owner outlining the possible violations and providing an inspection date. Following the inspection if violations are determined to be present the council can take further action at that time. • Council was informed that the terms of Planning Commissioners Peter Eiden, Carl Kalk, Loren Kohnen, and Sue Poulsen expire on January 1, 2001. In addition Tom Sydloski has submitted his resignation effective December 31, 2000. These positions have been advertised. A submittal date of December 13, 2000 has been established to allow for appointment by the City Council on December 20, 2000. The Planning Commission is to be established by city code. The current draft of the code prepared by the LMC does not contain a provision for the establishment of a planning commission. As a result, this is one item that we need to add to our list when preparing the final draft of the city codebook. Items such as term length, term limits and expected attendance can be included with the ordinance that is prepared for inclusion in the codebook. • Council set February 15, 2000 at 7:00 PM as an “Open House” for the kick-off of the Comprehensive Planning effort. Planning Consultant Cindy Sherman reported that her firm will be doing a tactics study in December of this year and January of next year. The tactics study consists of performing one on one interviews will key stakeholders in the community. She also reported that a meeting between city representatives and the Metro Council was held earlier this week to review the planning process. Future joint meetings of this nature are planned. Document No. 02 Page 5 of 5 December 11, 2000 Adoption Prepared By: Roberta Colotti, City Administrator City of Corcoran Council Minutes – November 30, 2000 CORCORAN TRAIL EAST & WEST The Council suspended their meeting from 8:30 PM to 9:20 PM to conduct an informal open house for the residents of Corcoran Trail East & West. The purpose was to discuss options for street improvements. City Engineer Vince Vander Top reviewed several options including: Option #1 – Do nothing now and wait until the future Option #2 – Pave the gravel portion and patch the existing bituminous Option #3 – Pave the gravel, patch and seal coat the existing bituminous, and install drain tile Option #4 – Pave the gravel, reclaim and overlay the existing bituminous, and install drain tile Options 2 through 4 also include clean ditches and repair culverts in select locations. The benefits and estimated costs were reviewed for all options. Questions were answered regarding the schedule and assessment policies and options. The intent of the neighborhood petition was also discussed. Engineer Vander Top stated that comments submitted in writing or by phone prior to the open house would be put in the Council’s packet for the next meeting. Council requested that the residents consider the options presented and that their preferences be shared with the Council at the next meeting. The Council would like to further understand the preferences of the residents before proceeding with additional work on the project. ADMINISTRATOR’S REPORT • Council tabled a decision to provide dental insurance until Councilor Gmach could prepare a benefit analysis. • Council reviewed several options for planning services in the year 2001 including: a) Full-Time City Planner b) Consultant Planner c) Full-Time Planning Technician & Consultant Planner as needed d) Full-Time Planning Technician & Shared Senior Planner as needed e) Planning/Zoning Administrator (Likely at Secretary Level), Loren Kohnen as Principle Planner and Planning Consultant as needed. Council directed the City Administrator to collate the costs for each option for further consideration by the council at a future meeting. For the purposes of the 2001 budget, Option “a” is to be used. However, currently the council favors one of the other options and the final option selected is expected to be less than Option “a”. • Motion: GG/JB; all in favor – to authorize purchase of a light for the park at a cost not to exceed $3,000. (Funded by: City Park Fund) ADJOURNMENT At 9:50 PM the Council adjourned to a closed session for the purpose of summarizing the 2000 annual performance reviews. • Motion: GG/JB; all in favor – to adjourn at 10:50 PM. Submitted by: Roberta Colotti, City Administrator