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HomeMy WebLinkAbout2007-08-23 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on August 23, 2007, at city hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Grabowski, Councilor Roll Call Jacobs, Councilor Hudok and Councilor Thomas. Also present were Administrator Vergin, Planner Gartner, and City Attorney Langel. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Agenda Approval AGENDA APPROVAL MOTION by Grabowski, seconded by Hudok, to approve the agenda with the following changes: move item 6e between 6b and 6c. Voting Aye: Grabowski, Guenthner Hudok, Jacobs and Thomas (Motion carried 5:0) Open Forum & OPEN FORUM & ANNOUNCEMENTS Announcements: Chief Herb Koch and Assistant Chief Jeff Leuer were present to review the Loretto Loretto Volunteer Fire Volunteer Fire Department 2006 Year End Report. During the year of 2006 there Dept. 2006 year end were 10 fire calls, 6 fire alarms, 1 medical call, and 6 accidents. The fire report department staff had a total of 304 call hours. Chief Koch thanked the city and the public works department for all of their assistance with some of the calls. It was asked how the department is doing in terms of recruiting. Chief Koch answered that the department is set up for 30 members and currently there are 24 active members. There is enough on the department right now, so there aren’t any problems with having coverage and the department doesn’t feel a shortage. If there were 18 – 20 members on the department then a shortage would be felt and the department would be suffering. Mayor Guenthner thanked the department for job well done in covering the emergencies. Planning Business: PLANNING BUSINESS Public Hearing Public Hearing – Vacation of Cartway (Donita/Hank Plat) Called to Order Called to order at 7:12 pm Staff Report Staff Report Planner Norm Gartner presented that there is an existing 16.5-foot wide cartway along the South line of he Southeast Quarter of Section 30, Township 119, Range 23. It extends from Hennepin County Road 19 east approximately 2661.25 feet. Cartways are generally used for access to farm property or if there is adjoining neighbors they can share the access. There currently are two existing homes at this location. It has been determined that the development of these lots deems the cartway unnecessary. Therefore it is recommended the cartway be vacated prior to the recordable of the Final Plat for Donita. Questions from Councilors Mayor Guenthner explained that this plat represents an act where the city will be Questions from cleaning up what is there and this is more of an administrative action. There was Councilors discussion about the city’s involvement and whether the city has interest in incurring access to the property. Public Comment: Page -1- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 Pat Hank 9425 Trail Haven Road Public Comment Mr. Hank explained that when the Pouliots bought their property, the parcel to the east was owned by someone else. They had come to the city to get it vacated, but it was never recorded at Hennepin County. A question was raised on whether the Pouliots need the cartway to gain access to fields. Mr. Hank answered that the Pouliots do not need access to their fields thru this cartway. MOTION by Grabowski, seconded by Thomas, to close the Public Hearing at 7:18 pm. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas. (Motion passed 5:0) Council Discussion/Decision, Resolution No. 2007-59 Council MOTION made by Thomas, seconded by Hudok, to approve Resolution No. Discussion/Approve 2007-59, A Resolution Approving the Vacation of a Cartway on Property Located Resolution No. 2007-59 on P.I.D. No. 33-119-23-44-0002 and 33-119-23-43-0006. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) Boos IUP, Resolution No. 2007-60 Boos IUP, Resolution No 2007-60 Planner Norm Gartner presented that the applicants are proposing to utilize the existing 2400 square foot building located near the center of the property, which is 4.85 acres in size. The intent is to do mechanical repair on corvette vehicles only and no bodywork or painting shall be performed. The previous landowner utilized the building for the construction of hot rods for racing. This should not impact the neighbors, since they are at least 400 feet away. Access to this property is from County Road 30. Because County Road 30 already handles 8600 vehicles per day there wouldn't be much of a traffic impact to the neighbors. The applicant will have no employees, they will only utilize small hand and air tools common to automotive repair, so noise and electrical interference is negligible, there shall be no exterior storage, all work shall be performed within the accessory building (some exterior parking of corvettes may occur on the driveway while others are being worked on.) and the only traffic impact is from corvette owners delivering and picking up their vehicles after repair. Planner Gartner stated that the Planning Commission and him recommend approval of the Interim Use Permit, allowing a conditional home occupation license for the repair of corvette automobile mechanical systems subject to the following conditions: a) The car and delivery and pickup be restricted to the hours between 8 am and 5 pm. b) That no bodywork or painting shall be performed at the site c) All corvette’s shall be stored and worked on within 2400 square foot accessory building. No outside storage of parts, materials or vehicles shall be allowed d) That the Interim Use Permit prohibits the use of the building for Commercial or Industrial uses. e) That the fire chief inspect and approve of the storage facilities for all used oils and fluids and that all applicable fire codes are met for the intended use f) The building inspector has inspected the building and a Oil & Flammable Liquid Separator must be installed in the floor drain system prior to discharging from the building. No other building modifications are required for the intended use. MOTION made by Hudok, seconded by Grabowski to approve Resolution No. 2007-60, A Resolution Approving an Interim Use Permit for a Conditional Home Occupation License at 19705 County Road 30. There was some discussion whether or not this request could have been handled administratively under the Home Occupation Provision. It was concluded that this is something that needs further review. Page -2- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 VOTE ON MOTION -Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) Velch Preliminary Plat, Resolution No. 2007-61 Planner Norm Gartner presented that Vincent and Laura Velch are proposing the Velch Preliminary Plat, purchase of a 5.3 acres from their neighbor and adding it to their existing lot. Resolution No. 2007-61 There will be no new lots and no new homes created by this re-platting. Because this is already platted property, a 5-foot drainage and utility easement was placed on either side of the common lot line. The existing property that will remain will be about 4.325 acres, which still meets ordinance requirements for the area. Prior to approval of the final plat, a public hearing will be required to vacate the drainage and utility easement along the existing common lot line, from the new proposed dividing line to the west. Prior to the final plat approval, the Hennepin County Human Services and the Public Health Department will need to inspect Lot 3 to determine if there is an acceptable location for an alternative septic system. MOTION made by Thomas, seconded Grabowski to approve Resolution No. 2007-62, A Resolution Approving the Preliminary Plat for “Velch” on Property located at 6655 and 6645 County Road No. 19. It was noted that even thought it doesn’t pertain to this property; the city needs to be cautious with division of properties to make smaller lots with big structures. VOTE ON MOTION -Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) 19319 Stieg Road Lot Division, Resolution No. 2007-62 Planner Norm Gartner presented that the applicant is proposing to divide their 19319 Stieg Road Lot property into two parcels of 20 acres and 26.34 acres in size. This property was Division, Resolution No. originally split from the parcel located at 19301 Stieg Road via Resolution 2005- 2007-62 16. However pursuant to the version of City Ordinance 920.020, platting was required for future division of this parcel and is required in Condition No. 13 of Resolution 2005-16. Since that time the City Ordinance has been changed and Condition 13 should be removed. MOTION made by Hudok, seconded by Grabowski to approve Resolution No. 2007-62, A Resolution Approving a Land Division of 19319 Steig Road. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) Nichols CHOL, Resolution No. 2007-63 Planner Norm Gartner presented that the applicant is proposing to provide Nichols CHOL, screening for the property that is simple and effective. He would utilize the area Resolution No. 2007-63 south of the accessory building as the main area for storage of equipment and materials. Currently there is dense vegetation in this area which when partially removed will provide a large screened area from the road and adjacent properties by the building and the vegetation. After consideration the Planning Commission felt there were issues still outstanding as part of the application. The Planning Commission voted to deny the Conditional Home Occupation License because of 1) number of seasonal employees, 2) applicant does snow plowing and that wasn’t listed on the application, and 3) there is outside storage on the property that violates an ordinance. There was discussion about the sufficiency of the records. There was concern with the materials received being too general, with lack of factual reasons for why the Planning Commission is recommending denial of the application. The findings Page -3- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 stated in Resolution 2007-63 are broad statements that don’t describe fact. The council discussed their thoughts and concerns in regards to the Planning Commission’s recommending denial based on issues of the Mr. Nichols employees. If the employees don’t report to the property than it should be irrelevant and not an issue to this application. Pictures were received at the public hearing of equipment that is located on the property, but not listed on the application. Council would like verification on the equipment’s use. If heavy equipment is to be on the property than proper screening is needed or the equipment should be stored in a shed or barn. The issue of the applicant’s snow removal business and it not being part of the erosion control operation was also discussed. The staff was directed to provide the council with the materials again, including the resolution with more thorough Planning Commission findings. During this time it was suggested that all parties involved should work together and come to some kind of resolution. Mayor Guenthner offered to help in anyway possible to get a resolution. Howard Roston, an attorney representing Greg Ebert, expressed his concern with the application and the 60-day rule. He suggested extending the application another 60 days to allow enough time to get it resolved. MOTION made by Thomas, seconded Grabowski, to extend the application 60 days. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) UNFINISHED BUSINESS Maple Grove Lions Charitable Gambling License, Resolution No. 2007-57 UNFINISHED Administrator Vergin reported that the City Clerk spoke to the MN Gambling BUSINESS: Board. Without a city ordinance already in place requiring organizations to donate Maple Grove Lions at least a specified dollar amount of donations to the city, there is no reason why an Charitable Gambling, outside organization cannot conduct lawful gambling if they have submitted all the Resolution No. 2007-57 other proper paperwork required. MOTION made by Thomas, seconded by Grabowski to approve Resolution 2007 – 57. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed 5:0) A suggestion was made that if the council is unhappy with the way the charitable gambling license process is handled then an ordinance should be adopted. Area Transportation Charges Councilor Hudok explained that with a lot of developing going on in the city there is potential to be challenged by developers on the transportation area charge. Area Transportation Charges There was discussion with regards to lowering of these fees and the city not being able to achieve their goals if the fee was lowered too much. If developers are being skeptical in paying such a high transportation charge and are developing else where, it slows development and money coming into the city which makes it harder for the city to achieve their goals. It may be a good idea to have a financial analysis done to verify the different charges in the surrounding communities. The council spoke about the difference in charges and use of the roads between the MUSA and non-MUSA areas. Page -4- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 It was suggested that the city use the same template that is used for the parks and trails charge, but shift priorities to transportation. A conclusion was made to direct the staff to review the parks and trails evaluation and formula. Staff is also to do a small survey with neighboring cities to see what other communities are charging developers. July 19, 2007 Budget Workshop Minutes Councilor Thomas explained that he would like to modify page 3 of the July 19, 2007 Budget Workshop minutes with the following changes: July 19, 2007 Budget rd Workshop Minutes 3 paragraph should read: Councilor Jacobs reiterated that the City can do work for less cost. Councilor Thomas stated that the proposal from Gartner Engineering presented by Councilor Jacobs was a hodgepodge and inaccurate based on the budget figures contained in it. th 5 paragraph should read: Discussion then turned to the codes that if they were simplified then we would not be expending the amount of professional time that we are now. There was concern that we have codes that are for larger cities. Council members that have concerns with the codes should bring them forward so that they can be looked at and changed if needed. Councilor Thomas stated that he has been hearing for 2 ½ years about simplifying the codes and has yet to see a single proposal. Councilor Jacobs stated that in his first two years on the council he has not been able to make a proposal due to the environment. Councilor Thomas stated that he realized it was a difficult two years but that is behind us now. Councilor Jacobs stated that there was no audience for politics present. Councilor Thomas then told Councilor Jacobs to “kiss my ass” and proceeded to leave the room for approximately three minutes in order to attend to some personal discomfort resulting from a previous surgery. MOTION made by Thomas, seconded by Hudok to approve the July 19, 2007 Budget workshop with modifications made by Councilor Thomas and accepted by Councilor Hudok. Voting Aye: Hudok, Jacobs and Thomas Abstained: Guenthner and Grabowski (Motion Carried 3:0) Council Conduct, Resolution of Censure No. 2007-64 Councilor Hudok presented that his modification to the July 19, 2007 Budget Workshop minutes was not to embarrass, humiliate or punish Councilor Thomas. The fact of the matter is that the words were said and by adding them to the Council Conduct, minutes it was a reminder of what can happen when personal feelings influence Resolution of Censure work. It is important to reflect on the events to keep the council working together, No. 2007-64 professionally. Councilor Hudok feels that is necessary to take corrective action and to move forward in the city’s goals and objectives. With the revisions to the minutes and the Resolution of Censure, the behavior at the Budget Workshop will be properly addressed and corrected and the council can continue to work together and accomplish the tasks that are before them. MOTION made by Hudok, seconded by Grabowski to approve Resolution No. 2007-66, Resolution of Censure of Councilor Thomas. Voting Aye: Hudok, Grabowski, and Jacobs. Abstained: Guenthner and Thomas (Motion Carried 3:0) Tools of Civility, Resolution No. 2007-56 MOTION made by Hudok, seconded by Grabowski to approve Resolution No. 2007-56, A Resolution Accepting the Nine Tools of Civility. Page -5- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 It was discussed about how some of the tools in the resolution can be judged and Tools of Civility, some suggestions were made for additional tools to be added to the resolution. The Resolution No. 2007-56 resolution is a tool that covers how the council needs to be civil and respectful towards each other, the staff and the public. The council needs to come to the meetings prepared, by reading material received. They also need to focus on solutions, not blame, most often people make honest mistakes, need to be accountable, should not question others as to their motives. Inflammatory language needs to be avoided and the council needs to be willing to take instructive criticism, and try to do something about it. VOTE ON MOTION: Voting Aye: Grabowski, Guenthner, Hudok, and Jacobs. Voting Nay: Thomas (Motion carried: 4:1) Public Works Facility Councilor Jacobs presented that at the last Planning Commission the public works facility was discussed and that there is more guidance needed from the council. A suggestion was made that the city planner help guide the Planning Commission through this topic, considering the use of city property and the impacts to the Public Works Facility surrounding neighborhood. The council should be more involved with the legwork of this and spend more time discussing the pros and cons of this because it’s such a fundamental issue. This will help staff and the commissioners to execute a policy instead of creating the policy. It was questioned where procedurally the Planning Commission is in regards to the public works facility. The city planner answered that the Planning Commission asked the public works facility committee to find three sites. A conclusion was made that this discussion item should be put on a future council agenda and the committee should be invited to attend the meeting to discuss this with the council and staff. NEW BUSINESS Metropolitan Council Parks and Open Space Commission Vacancies Mayor Guenthner reported that a letter was received from the Metropolitan Council to inform the local units of government that they are seeking applicants to fill four positions on the Metropolitan Parks and Open Space Commission. The four Metropolitan Council districts 1-8, which consist of communities within Carver, NEW BUSINESS: Hennepin and Scott counties. The Metropolitan Council invites local units of Metropolitan Council and government to participate in this appointment process by encouraging citizens who Open Space Commission have an interest in the work of the MPOSC to become applicants as well as by Vacancies providing us with any recommendations you may have. Qualifications for membership include: applicant must be a resident of the commission district for which they are seeking appointment, and shall not during their term hold the office of Metropolitan Council member, be a member of any metropolitan agency, or hold any judicial office. MPOSC appointments are governed under the Minnesota Open Appointments process administered by the Secretary of State. Completed applications are to be returned to the Secretary of State by August 31, 2007. A letter of recommendation or references should accompany the completed application. Record Retention – Recordings of Meetings Administrator Vergin explained that there seemed to be some confusion at the last Page -6- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 council meeting as to retention of audio recordings of meetings. The city abides by the General Records Retention Schedule for Cities. All documents that are Record Retention – generated, received, etc by the city are retained according to that schedule which Recordings of Minutes can be amended from time to time. If the council chooses to retain the audio recordings of meetings longer than required by the schedule, a policy will need to be created and adopted by the city. There was a discussion about past minutes not containing everything and there may be a time that someone would need to review something from a meeting that happened over a year ago. Attorney Lagnel explained that minutes are the official record of what happens at the meeting and that retaining tapes for one year is pretty common with other cities. The city does have the option to keep tapes longer. MOTION made by Jacobs, seconded by Hudok to retain the recordings of meetings for 10 years. The council discussed the pros and cons of keeping the tapes for 10 years. The tapes can’t be the official record of the meeting, but it is beneficial to review a meeting from a year or two ago. MOTION TO AMEND by Jacobs, seconded by Hudok to retain the recordings for 4 years. Voting Aye: Hudok and Jacobs. Voting Nay: Guenthner, Grabowski and Thomas. (Motion failed 2:3) VOTE ON ORIGINAL MOTION : Voting Aye: Jacobs. Voting Nay: Guenthner, Grabowski, Hudok and Thomas. (Motion failed 1:4) CONSENT AGENDA MOTION made by Thomas, seconded by Hudok to approve the consent agenda items: 8b. Emergency Management Ordinance No. 243 & Publication by Summary Consent Agenda Items Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion passed Approved: 5:0) 8a. August 9, 2007 Regular Council Minutes Emergency Management There was discussion about the narrative of the minutes and what things should be Ordinance No 243 documented in the minutes. The minute taker was directed to take the less narrative approach to doing future minutes. MOTION made by Thomas, seconded by Grabowski to approve the August 9, August 9, 2007 Council 2007 with clerical revisions to be made. Voting Aye: Grabowski, Guenthner, Minutes Hudok, Jacobs and Thomas. (Motion carried: 5:0) CLAIMS a. Escrow Claims (Fund #500) $ 13,713.43 MOTION made by Grabowski, seconded by Hudok, to approve the escrow claims as presented, totaling $13,713.43. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas. (Motion carried 5:0) Approval of Claims b. Building Inspection Claims $ 200.75 MOTION made by Thomas, seconded by Grabowski, to approve the building inspection claims as presented, totaling $200.75. Voting Aye: Guenthner, Page -7- CITY OF CORCORAN CITY COUNCIL MEETING August 23, 2007 Grabowski, Jacobs, Hudok and Thomas. (Motion carried 5:0) c. All Other Claims $ 247,446.08 MOTION made by Grabowski, seconded by Hudok, to approve the all other claims as presented, totaling $247,446.08. Clarification was needed regarding the timing of the Gartner Engineering Invoice. VOTE ON MOTION: Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas. (Motion carried 5:0) COUNCIL AND STAFF REPORTS: Parks & Trails Commission No report. Miscellaneous Correspondence Council & Staff Reports No report. UNSCHEDULED ITEMS None ADJOURNMENT MOTION made by Hudok, seconded by Grabowski, to adjourn at 9:32 pm. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion carried 5:0) Adjournment ______________________________ Barb Larson, City Clerk Page -8-