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Home My WebLink About1997-10-09 Council MinutesCORCORAN CITY COUNCIL 165 OCTOBER 9, 1997 CALL 10 ORDERIROLL CALL Mayor Larkin called the meeting to order at 9:08 P.M. Present were Mayor Larkin, Council Members Ken Kluck, Ernie Mayers, Ken Guenthner, and Dixie Lindsley. Also present were City Clerk Stacy Doboszenski, City Planner Gary Eitel, and Police Chief Paul Schutte. There were approximately 13 people in attendance at the meeting. SET AGENDA The Agenda was set with the following additions: • Claim #'s 791 - 794, 3rd Quarter Fire Contracts, under Consent Agenda • Jim Bickford Discussion on Outside Storage under Other Business MANNING ISO SENT ITEMS• Gary Eitel presented the Planning Commission report. On a motion by Larkin, seconded by Muck, to approve the Planning Commission consent items. Motion carried unanimously. A_RQUEST BY LAWRENCE LANERD FOR A FRONT YARD SETBACK. VARIANCE TO FACILITATE THE CONSTRUCTION OF A 24' X 24' DET CHED GARAGE 5 FEET FROM THE FRONT PROPERTY LINE, LOCATED AT 6488 TRAIL LANE, PID # -11 -23 42 0017 Approval of Resolution No. 1997 - 76, A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE REQUEST BY LAWRENCE LANERD TO FACILITATE THE CONSTRUCTION OF A DETACHED GARAGE 45 FEET FROM THE FRONT YARD PROPERTY LINE, LOCATED AT 6488 TRAIL LANE, PID 335-119-23 42 0017. REQUEST BY TOU LEE AND CHIA LEE TO CREATE A 7.95 ACRE PARCEL FROM A 19.71 ACRE HOMESTEAD, LOCATED AT 22992 CO. RD. 50, PID #20-119-23 33 0003 Approval of Resolution No. 1997 - 77, A RESOLUTION APPROVING LAND DIVISION NO. 97-0, A REQUEST BY TOU LEE AND CHIA LEE TO CREATE A 7.95 ACRE PARCEL FROM A 19.71 ACRE HOMESTEAD LOCATED AT 22992 CO. RD. 50, PID #20-119-23 33 0003. PLANNING COMMISSION DISCUSSION ITEMS: A REQUEST BY JOHN FAIRBAIRN FOR SETBACK VARIANCES TO FACILITATE THE EXISTING HORSE BARN 9 FEET FROM THE SIDE PROPERTY LINE AND 8 FEET FROM THE REAR PROPERTY LINE LOCATED AT 19560 PATRICK PLACE PID # 12-119-23 34 0010 Gary presented the background information. He explained that Jeff Carson could prepare the appropriate Resolution for the Council denying this application with findings. Mr. Fairbairn was also at the meeting and addressed the Council on the history of the property and his acquiring it just this year. He stated that he bought the property with the understanding that it could be used as a hobby farm as it was listed. Mr. Fairbairn also explained to Council what the previous owner did in the wetland by enlarging the size of the pond. There was a lengthy discussion between the Council and Mr. Fairbairn. On a motion by Guenthner, seconded by Lindsley, to deny the variance, authorize Jeff Carson to prepare a Resolution denying the variance with a list of findings, and give Mr. Fairbairn one year to remove the building to allow time to remedy this situation. Motion carried unanimously. 166 AMENDING SECTION 10,03, PARA. (.0) #3 FRONT YARDS TO RE-ESTABLISH THE FRONT YARD SETBACK OF 50 FEET FOR LOTS DEVELOPED CONSISTENT WITH THE ZONING ORDINANCES OF THE CITY OF CORCORAN (PRE 1980) Gary gave background information. There was a discussion on why the setback requirement was ever changed from 50 feet to 60 feet. Mayor Larkin gave some history on when the current comprehensive plan was created. Councilor Guenthner moved to accept the Planning Commission's recommendation to authorize the City Attorney to prepare the appropriate ordinance providing a 50 foot front yard setback from the property line for all residential properties. Motion withdrawn. There was a lengthy discussion on easements versus front property lines. Building Inspector/Planning Consultant Loren Kohnen suggested that the Council consider establishing a 50 foot minimum front yard setback or a setback of 80 feet from the center of the road, whichever is greater. On a motion by Guenthner, seconded by Kluck, to instruct staff and the City Attorney to draft an ordinance as per Loren Kohnen's recommendation with 50 feet as the minimum. Motion carried unanimously. HOME BUSINESS GUIDELINES Gary gave the background that the Home Occupations Committee's recommendations were to be used as a guideline, however in some cases it conflicts with the code. On a motion by Lindsley, seconded by Muck, to authorize the City Attorney to draft an ordinance amendment to the home business provisions of the zoning ordinance consistent with the Home Occupations Committee's recommendations. Motion carried unanimously. 81 ST PLACE NORTH STREET IMPROVEMENTS Approve Waivers -of Assessment Ms. Lavonne Odenthal was present and questioned the Council if the road was annexed along with the properties that were annexed. Councilor Guenthner responded that the road goes with the benefited properties. Ms. Odenthal proceeded to show the Council various exhibits regarding the history of the road improvement project in front of her residence. She stated that she signed her assessment waiver under great duress and coercion. She further explained that potential home buyers are being turned off by the improvement and sewer stubs in her property. There was a lengthy discussion between Council and Ms. Odenthal regarding the cost of the improvement. Councilor Guenthner questioned staff what Vince's estimate was to improve 81 st Place as a rural section street. Staff responded approximately $9,000. Councilor Guenthner stated that he was in favor of assessing the properties, but not the full $9,000 amount. There was a discussion on assessing for less than what the signed waivers state. Order Assessment Public Hearing for October 23_, 1997 On a motion by Guenthner, seconded by Muck, to conduct the public hearing on October 23, 1997 at 7:00 p.m. Motion carried unanimously. On a motion by Guenthner, seconded by Lindsley, to provide notice of public hearing to the three affected property owners; Paul A. and 8hana E. Heisler, 19200 81st Place North, Jeffrey D. and Beth A. Armbruster, 19260 81 st Place North, and Lavonne M. Odenthal, 19300 81st Place North. Motion carried unanimously. Council directed staff to send correspondence to Maple Grove on what happened at the Council 167 meeting. There was a suggestion that the Corcoran Council meets with the Maple Grove Council. There was a question from the audience regarding changing the public hearing date due to conflicts in resident's schedules. City Clerk stated that they could submit their comments in writing and that they will be made part of public record. OTHER BUSINESS Jim Bickford, 10135 Highland Ridge Road Mr. Bickford was at the meeting to address the Council on the current City code relating to outside storage. Gary read the code to the Council. Mr. Bickford proceeded to share pictures of neighboring properties and a covenant agreement for the subdivision he lives in. He stated that neighbors are storing trailers and equipment with license plates from other states. He would like the Council to consider changing the City ordinance to read that you need to own the equipment you are storing. Mr. Bickford has spoke with the Corcoran Police Department and Gary on the storage issues. Councilor Guenthner explained the comprehensive planning process and possible changes in zoning. There was a question on who enforces the covenants. Mr. Bickford said that he needs to hire a lawyer to sue his neighbors in order to enforce the covenants. Mr. Bickford stated that he will keep the Council informed as he goes through the legal process. No action taken. Wastewater Commission Draft Minutes from October 8 1997 The Council acknowledged the receipt of the draft minutes from the Wastewater Commission dated October 8, 1997. There was a discussion on finding additional members to serve on the Commission and that the Council has not yet formally adopted the commission by Ordinance. Gary stated that he would try to have the City Attorney draft the Ordinance to approve the commission at the October 23, 1997 meeting. On a motion by Lindsley, seconded by Guenthner, to direct staff to not prepare a publication for the paper as was suggested in the Wastewater Commission's minutes. Motion carried unanimously. CONSENT AGENDA There was a discussion on a few of the claims submitted and establishing a different procedure to approving the claims. It was concluded that Council will receive full copies of invoices submitted by consulting firms. On a motion by Mayers, seconded by Guenthner, to approve the following consent agenda items: • Approval of List of Claims #752 - 790 & 791 - 794 (fire contracts) • Approval of the September 25, 1997 City Council Minutes with the correction that Mayor Larkin was present at the closed session. • Approval of 1974 John Deere Utility Tractor Bid to Bill Theis for $4,555.00 • Approval of Hennepin County Rehabilitation Loan Program Three Percent (3%) Simple Interest Deferred Loan Repayment Agreement Between Georgia Wigen and the City of Corcoran Motion carried unanimously. DISCUSSION Correspondence No action taken. City Planner/Administrative Coordinator Position Councilor Lindsley updated the Council on the City Planner/Administrative Coordinator position. She stated that her and Gary narrowed down the candidates to four and will be conducting some phone interviews. No action taken. ADJOURN Mayor Larkin adjourned the meeting at 11:20 p.m. ATTEST: City rk � c Mayor