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Home My WebLink About2000-06-22 Council Minutes Page 1 of 4 July 13, 2000 Adoption Prepared By: Roberta Colotti City of Corcoran Council Minutes – June 22, 2000 CALL TO ORDER/ROLL CALL Mayor Ken Guenthner called the meeting to order at 7:00 PM. • Members Present:, Mayor Kenneth Guenthner, Councilors Ron Thomas and John Bucher. • Excused: Councilors Dixie Lindsley and George Gmach. • Staff Attending: City Administrator Roberta Colotti, City Attorney Jeff Carson, Police Chief Paul Schutte, City Planner Cindy Sherman and Planning Intern David Gross. • Also Attending: Dennis Kurt, Mark Helvick, Bob Colebank, Terry Theis, Herb Theis, T.W. Weiland, John Haseman, Tom & Sharon Goltz, Leon Ramminger, Linda Adelmann, Mike Bergeron, Ordell Hanson, Bob & Diane Laddusaw, Valerie Nybo, Ann Risch, Joe Freiberg, Ken Kluck, John Spaeth, Greg Ebert, Keith Streff (Animal Control), Pat Meister and Pat Puhle. PLEDGE OF ALLEGIANCE Mayor Guenthner opened the meeting with the Pledge of Allegiance. REVIEW OF PARLIAMENTARY PROCEDURE Mayor Guenthner stated that those wishing to address the council under public comment would be granted five (5) minutes per topic. RE-CAP: Mayor Guenthner stated that the rules of order for the council meeting are something that you need to keep experimenting with to find what works. Public comment will be accepted when it is factual and useful to the discussion (i.e. historical information or information on product cost based on the speakers job experience). Where he will draw the line is on opinion statements, which result in the speaker serving as a de-facto council member. This type of commentary leads to a situation where whomever is loudest wins. The council will continue to review the rules of order. The rules of conduct will be presented to the public again at future meetings. APPROVAL OF AGENDA • Motion: RT/JB; all in favor – to adopt the agenda as revised to include: 1) Open Forum a. Hubert Theis, Nuisance Code Enforcement – Commentary b. Move Resolution No. 2000-41 from Attorney’s Report to Open Forum 2) Consent Agenda a. Fireworks Permit – Hennepin County Fair b. Funding Request – Community Education, Parks Program OPEN FORUM • Hubert Theis addressed the city council regarding the removal of his animals as part of a nuisance abatement process. He stated, “Why does the city want to condemn him when he is down and out, he has leg problems. Yesterday they took all his animals. The Hennepin County Sheriffs are ten times better than the Corcoran Police. They took all his dogs and they are like kids to him. He does not have any money. The chickens were sitting on nests. He had three to four pails of eggs left. It took them three to four hours to collect all his animals. He had 80 some birds, some of which had gone to the neighbor’s pond. He understands that he has 10 days to retrieve the animals. Even a $300,000 house would have junk. Is this right? He wants police protection every night that he hears a noise. His dogs protected him from the coyotes before. His duck eggs are valued at $2 each and the goose eggs at $6 each.” Page 2 of 4 July 13, 2000 Adoption Prepared By: Roberta Colotti City of Corcoran Council Minutes – June 22, 2000 Mayor Guenther asked if Mr. Theis had received any advice from an attorney on the process he must follow. Mayor Guenthner stated that he would get Mr. Theis the number of the County Bar Association, which could refer him to a no cost lawyer to assist him with his case. Mr. Theis stated that he has 10 days. He asked if any attorney would help him to seek restitution from the city. Mayor Guenthner stated that if the city did something wrong and he suffered financial hardship than a lawyer could help him. However, he did not believe the city had done anything wrong. • Motion: JB/RT; all in favor – to adopt Resolution No. 2000-41 “Ordering the Abatement of Nuisances at 10290 Bechtold Road.” City Attorney Jeff Carson explained that this resolution is for the cleanup of the property and is a separate issue from the animal one. Mr. Theis will have 30 days to comply or submit an appeal to the city council. Councilor Bucher asked if Mr. Theis had any questions. He did not. CONSENT AGENDA • Motion: RT/JB; all in favor – to adopt the claims as presented. Items pulled for discussion and adopted separately. • Motion: JB/RT; all in favor – to adopt the minutes of June 8, 2000 as amended. • Administrator explained that the SRF grant funding would only cover the cost of engineering not the cost of the project work. The council agreed to remove our application. Future opportunities for funding may come from the state road and bridge replacement program. • Motion: RT/JB; all in favor – to issue a permit for fireworks to the Hennepin County Fair, 2000 event. Police Chief Paul Schutte stated that the Hennepin County Fair Board would have to work with the county on shutting down the necessary roads for the fireworks. • Motion: JB/RT; all in favor – to fund the community education park program for Corcoran youth in the amount of $1,000. (Funded by: Park Fund) RESOLUTIONS • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-22 “Returning Tax Forfeited Land to the State.” • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-35 “Assessor’s Contract for the Year October 2000 to October 2001” as amended to include a statement that any 2001/2002 contract price increase must be presented to the council by May 1, 2001. PLANNING COMMISSION REPORT – Cindy Sherman • Motion: JB/RT; all in favor – to adopt Resolution No. 2000-42, “Forwarding Aviation/Airports and Parks/Trails Sections of the Comprehensive Plan to the Metropolitan Council for their Review and Requesting and Extension for Submittal of the Entire Document.” • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-36 “Approving a Land Division for Robert and Ruth Colebank, for Land Located in the South Half of Section 10, Township 119, Range 23, City of Corcoran, PID #10-119-23-31-0003” Page 3 of 4 July 13, 2000 Adoption Prepared By: Roberta Colotti City of Corcoran Council Minutes – June 22, 2000 • Motion: JB/RT; all in favor – to adopt Resolution No. 2000-37 “Providing Final Plat Approval of Acacia Hills 2nd Addition, a Plat to Create 4 Residential Lots, Located in the Northwest Quarter of Section 13, City of Corcoran, Minnesota, PID #13-119-23-23-0016” modified to include the requirement that the trees along the county road be removed to the City’s satisfaction. • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-38 “Approving a Land Division for the Estate of Roy Moses for Land Located in the West Half of Section 31, Township 119, Range 23, City of Corcoran, MN, PID #31-119-23-22-0006”. • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-39 “Conditional Use Permit to Allow Three (3) Accessory Structures Totaling 2280 Square Feet, on Property Located at 20439 County Road 10, PID #25-119-23-32-0001.” • The council stated that the issue of large animal housing set backs needs to be reviewed at a future date. • City Planner Cindy Sherman informed the council that the Wayzata School District is conducting a site search for the location of a new elementary school. WASTEWATER COMMISSION REPORT – John Spaeth • Wastewater Commissioner John Spaeth presented the Commissions 2000/2001 goals. Review of storm water issues and sanitary sewer issues will be new areas of responsibility for the Commission. Commissioner Greg Ebert asked when the council wanted them to stop accepting applications for “Other Systems” to be located in the downtown area? The Council said to wait until the time line for sanitary sewer was better defined before they refuse any applications. • It was noted that four of the Commissioners terms expire in December of this year. • Motion: RT/JB; all in favor – to adopt Resolution No. 2000-40 “Supporting the Ramminger’s Request to Connect to the City of Maple Grove Sewer System” as amended to include the following statement ‘Whereas, there is an unusual annexation of small adjacent properties where connection without annexation would be justified’. • Motion: JB/RT; all in favor – to change the Wastewater Commission meeting date to the second Monday of the Month at 7:00 PM. CITY ATTORNEY’S REPORT – Jeff Carson • The easement acquisition negotiations for the Rolling Hills Road project are still friendly and are continuing. As an alternative the title work has been obtained and the 90-day quick take process notice has been sent. • The Corcoran vs. James A. & Michael J. Clemens was heard on Monday afternoon. They were given until June 21st to make application to the city. No further work unless agreed to by the City was permitted between the court date and June 21st. • Mayor Guenthner reviewed the issue of nuisance code enforcement. He stated that the council has a duty as representatives of the citizens of the city to take the necessary steps to protect the health, safety and welfare of the community. As the city becomes aware of problems the council needs to take the necessary steps. When the council prepares the budget they should plan for the cost of code enforcement. COUNCIL & MAYOR’S REPORT • Councilor Bucher overviewed the budget process for the meeting on Monday, June 26, 2000. Page 4 of 4 July 13, 2000 Adoption Prepared By: Roberta Colotti City of Corcoran Council Minutes – June 22, 2000 ADJOURNMENT • Motion: JB/RT; all in favor – to adjourn at 8:35 PM Submitted by: City Administrator