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HomeMy WebLinkAbout1997-12-11 Council MinutesCORCORAN CITY COUNCIL 191 DECEMBER 11, 1997 CALL TO ORDER/ROLL CALL Mayor Larkin called the meeting to order at 7:00 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, City Planner/Administrative Coordinator Roger Bromander, City Engineer Vince Vander Top, City Attorney Jeff Carson, Public Works Lead Persons Pat Meister and Bob Krei, and Police Chief Paul Schutte. There were approximately 20 people in attendance at the meeting. SET AGENDA The Agenda was set with the following additions: • Resolution Extending Tower Moratorium • Resolution Approving a Gambling License for Stanchion Bar • Additional Claim to Precision Line Motorsports • Elm Creek Watershed Commission Discussion • Opinion of City Attorney Local 320 • Brief update by City Engineer on wastewater issues at Co. Rd. 30 and Co. Rd. 101 PLANNING COMMISSION CONSENT ITEMS: Gary Eitel presented the Planning Commission report. A REQUEST BY T RRYL BREDENBERG FOR A CONDITIONAL USE PERMIT TO FAIL-TATE THE CONSTRUCTION OF A 320c7SQ. FT. ACCESSORY BUILDING ON A 2�AGRE HOMESTEAD, LOCATED AT 19450,CO. RD. 30,_PID #12-119-23 13 0003 Council discussed the following: • Councilor Kluck questioned the storage that will be in the proposed building. • Mayor Larkin informed the Council of the precedence setting nature of this application. • There was a discussion on the where the accessory building would be placed on the property and the nature of the surrounding property. • Council questioned if a building this large has ever been asked for on a two acre parcel. On a motion by Larkin, seconded by Kluck, to deny the application. Motion carried with Larkin, Kluck, Mayers, and Lindsley voting aye; Guenthner voting no. Council's reason for denial is because of the size of the building being proposed is too large for the size of the lot. A REQUEST BY GREG EBERT FOR PRELIMINARY PLAT APPROVAL OF THE DEVELOPMENT OF AN 80 ACRE FARMSTEAD INTO 17 RESIDENTIAL LOTS LOCATED AT 6503 CO. RD. 101, PID #36-119-23 410001 Council questioned Jeff Carson if there is a statute regulating the transference of development rights from one school district to another. Jeff Carson stated that he is not aware of any prohibition like that. He further stated that in his opinion this is a non -issue. Mayor Larkin agreed with Jeff, but feels that we should reach some type of understanding on the transference of development rights. At Councilor Guenthner's request, Gary gave the background of the development rights on the Ebert/Lind property. Councilor Guenthner then questioned the 60 day period to process the application. Gary explained that the 60 day period runs out January 19, 1998. Councilor Mayers questioned the rezoning of the Koepp/Ebert property. Gary stated that the condition placed on the rezoning requires the comprehensive plan amendment be completed. Right 192 now the property is zoned R-1, the commercial zone is in place and will be activated as soon as the comprehensive plan amendment is approved. Bill Halverstadt spoke on behalf of the rural committee in opposition of the application. Mr. Ebert asked where the rural committee was when the city transferred four development rights from the City property to the Acacia Hills property. He is asking for equal treatment. Toni Hohenstein, Planning Commissioner, commented that the consensus of the planning commission is they generally felt it was a good development. John Bucher, Planner Commissioner, also commented stating that it is an appropriate development. Jeff Carson suggested that Council direct a response by staff to the Planning Commission, then by the January 8, 1998 Council meeting, everyone will have a better handle on the issues. On a motion by Guenthner, seconded by Lindsley, to adopt a moratorium on the transference of development rights. Motion carried unanimously. Jeff stated he would be preparing it in resolution form. Councilor Mayers questioned if there has ever been transference of development rights of non-contiguouis properties. Gary stated the exception of the Knox/Acacia Hills property. On a motion by Guenthner, seconded by Kluck, to approve the Planning Commission recommendation to table the preliminary plat to allow the staff to investigate the following: • Legality of the transferring of development rights from one school district into another • Determine the development rights on the 40 acres located in the northeast corner of the intersection of Co. Rd. 10 and Co. Rd. 116 • Number of lowland development rights on the 40 acres formally owned by Ernie Lind • The impact this proposed development will have on the properties to the north and northwest Motion carried unanimously. (CONT.) A REQUEST BY ARNIE KRAL FOR SITE PLAN APPROVAL OF PROPOSED PHASE DEVELOPMENT OF THE EXISTING AK AUTO PROPERTY.,_ LOCATED AT 19905 CO. RD. 10, PID #26-119-23 11 0022 Approval of Arnie Kral site plan for proposed phase development (Phase I) Mr. Kral was at the meeting and Mayor Larkin asked him if he was satisfied with the recommendations. Mr. Kral stated that he can deal with the architectural standards, but stated that he does have a problem with the old building needed to be removed by the year 2000. He wants to remove it and do phase two when he can do it financially, and not be forced into it. Gary responded to concerns raised by Mr. Kral and the Wastewater Commission's reason for a time frame. There was a brief discussion between the applicant and members of the Wastewater Commission. Both applicant and Wastewater Commission expressed a willingness to meet on this issue again. On a motion by Mayers, seconded by Guenthner; to accept the Planning Commission's recommendation for site plan approval and to refer the septic system issue back to the Wastewater Commission for reconsideration. Motion carried unanimously. Sign Ordinance 193 On a motion by Larkin, seconded by Mayers, to authorize the City Attorney to prepare the amendment to the sign ordinance. Motion carried unanimously. Acceptance of Don szewski's Resignation from the Planning Commission Gary Eitel stated that the Council has received a resignation from Don Jeszewski. Gary stated that Don started in May of 1991 as an alternate member and became a full member in January of 1992. On a motion by Mayers, seconded by KIuck, to accept Don Jeszewski's resignation and thanking him for his seven years of dedicated service to the Planning Commission. Motion carried unanimously. COMMUNITY ICE RINK ALTERATIONS Councilor Mayers explained that he has check with Elm Creek Watershed on the placement of a culvert in the Swale at the City Park and the Watershed indicated that it would be ok. He further explained that he met with the public works and that expenses are not to exceed $1000. The public works department indicated that they plan on doing the project in the spring. On a motion by Kluck, seconded by Lindsley, to approve the installation of the culvert, at a cost of $1000, and to use money from the Park Fund (park dedication fee dollars). Motion carried unanimously. WASTEWATER COMMISSION APPOINTMENTS On a motion by Guenthner, seconded by Lindsley to accept the applications from all five applicants: Stan Chastek, Greg Ebert, Paul Jacobs, Bill Halverstadt, and John Spaeth. Motion carried unanimously. PUBLIC WORKS ,RE -PORT Grade Pat Meister handed out two bids received from Ziegler and RDO Equipment on an all wheel drive/6 wheel drive grader (John Deere and Caterpillar). Both proposals include trading in the current 1.969 grader. There was discussion on the grader and the Council questioned financing the grader. City Engineer Vince Vander Top stated that it should be figured into the Capital Improvement Plan (CIP). On a motion by Guenthner, seconded by Lindsley, to direct staff to meet and review the CIP, and to get contract terms on both graders. Motion carried unanimously. Hiring Ice Rink Attendants It was discussed who would be in charge of the employees hired to be rink attendants. Council consensus was that Wilfred will be the lead person taking care of scheduling. On a motion by Guenthner, seconded by Lindsley, to authorize Wilfred to hire all four applicants and to be responsible for the scheduling of the employees, Motion carried unanimously. SET 1998 LEVY AND BUDGET On a motion by Lindsley, seconded by Mayers, to approve Resolution No. 1997 - 97, A RESOLUTION SETTING THE 1998 LEVY FOR $701,000 AND $51,000 FOR SPECIAL LEVY. Motion carried unanimously. 194 On a motion by Mayers, seconded by Kluck , to set the 1998 budget at $1,351,602.26. Motion carried unanimously. CONSENT AGENDA On a motion by Larkin, seconded by Lindsley, to approve the following consent agenda items: • Approval of List of Claims #909 - 946 • Approval of the November 25, 1997 City Council Minutes • Approval of City Engineer Contract for 1998 • Approval of Resolution No. 1997 - 98, A RESOLUTION APPROVING THE 1998 RECYCLING CONTRACT WITH EZ RECYCLING Motion carried unanimously. OTHER BUSINESS Charitable Gambling at the Stanchion Bar The Council discussed the request by the National Multiple Sclerosis Society -Minnesota Chapter to sell pull -tabs at the Stanchion Bar. The following was discussed: • Why the owner of the Stanchion Bar does not want to renew the lease to the Lions • How will the MS Society give back to the community • The amount that the Lions have given back to the community • Requiring a percentage of the profits be given back to Corcoran • How that money can be spent • Does the City have an ordinance on charitable gambling? (At this time, this item was briefly tabled to allow the City Attorney to review the Ordinance book to see if there is an Ordinance regulating charitable gambling.) Jeff Carson stated that there is not an ordinance on file, however, he stated that 10 percent of the profits can be directed to the City, but has to be done by a local ordinance. He informed the Council that they could approve this request and the ordinance will supersede when it is adopted. On a motion by Guenthner, seconded by Lindsley, to approve Resolution No. 1997 - 99, A RESOLUTION APPROVING A CHARITABLE GAMBLING LICENSE FOR THE NATIONAL MULTIPLE SCLEROSIS SOCIETY - MINNESOTA CHAPTER AT THE STANCHION BAR Motion carried with Guenthner, Lindsley, and Mayers voting aye; Larkin voting no; and Kluck abstaining. On a motion by Guenthner, seconded by Lindsley, to direct the City Attorney to compile an ordinance on charitable gambling. Motion carried unanimously. Elm Creek Watershed Councilor Guenthner stated he is resigning as commissioner for Corcoran from the Elm Creek Watershed Commission. There was a brief discussion on who would be a good candidate to appoint to fill the vacancy. On a motion by Larkin, seconded by Mayers, to appoint Roger Bromander as the new commissioner and Ken Kluck will be the alternate. Motion carried unanimously. Additional Claim to Precision Line Motorsports On a motion by Guenthner, seconded by Mayers, to approve claim number 947 to Precision Line Motorsports for accessory equipment for snowmobiles. Tower Moratorium Extension 195 On a motion by Kluck, seconded by Lindsley, to approve Resolution No. 1997 - 100, A RESOLUTION AUTHORIZING EXTENDING THE MORATORIUM WITHIN THE CITY OF CORCORAN ON THE CONSTRUCTION OF NEW TOWERS FOR 90 DAYS. Motion carried unanimously. City Engineer Update on Sewage at County „Road 30 and County Road 101 Vince made the council aware of a raw sewage problem located at the intersection of County Road 30 and County Road 101, the southeast corner. He informed the Council that he has spoken with Jerry Butcher, City of Maple Grove, and they are currently ponding the sewage and discharging it into their sewer. Vince will update the Council with any new developments. Letter from Teamsters Local 320 Councilor Guenthner informed the Council and City Attorney of a letter he received from the Teamsters Local 320, the bargaining unit for the Police Chief, Public Works Supervisor, and City Clerk/Administrator. Councilor Guenthner suggested having Carson & Clelland look to see if the classes of the two employees that have left, the Clerk/Administrator and Public Works Supervisor, are covered by the union. On a motion by Mayers, seconded by Muck to authorize Carson & Clelland to provide opinion on whether current job descriptions are a covered class. Motion carried unanimously. Councilor Mayerson Ebert Request Councilor Mayers questioned Greg Ebert on whether or not he would develop it with nine lots not seventeen. Mr. Ebert indicated that he would. City Engineer -on Comprehensive Plan Vince provided overheads of aerial photos with a base map overlay to show the Council how the maps are a useful tool in developing the comprehensive plan. DISCUSSION Correspondence No action taken. ADJOURN Mayor Larkin adjourned the meeting at 9:12 p.m. A�ST:----- City erk . Mayor