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HomeMy WebLinkAbout1998-4-9 Council MeetingCORCORAN CITY COUNCIL APRIL 9, 1998 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/Administrative Coordinator Roger Bromander, City Engineer Vince Vander Top, and City Attorney Jeff Carson. There were approximately 20 people in attendance at the meeting. SET AGENDA The Agenda was set with the following additions: + Discussion regarding Paul Fuss Property on Co. Rd. 19 + Mama G's Request for City Sewer from the City of Maple Grove PLANNING COMMISSION REPORT: A REQUEST BY CUSTOM FILTRATION jNC, FOR A CONDITI L USE PERMIT TO FACILITATE THE CONSTR TI F A 12,000 SQ. FT. OFFICE/WAREHQIISE BUILDING, E T 7219 CO. RD 116. PID M26-119-23 410004 Mayor Larkin stated that if the septic system problems are resolved, anything built there would be an improvement. Roger provided an overhead of the building site for the office/warehouse and gave a brief review of the request. On a motion by Kluck, seconded by Lindsley, to approve Resolution No. 1998 - 13, A RESOLUTION GRANTING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO CUSTOM FILTRATION INC. TO OPERATE AN OFFICE/MANUFACTURING FACILITY WITHIN A C-2 COMMERCIAL DISTRICT, LOCATED AT 7219 CO. RD. 116, PID #26-119-23 410004. Motion carried unanimously. LAND DIVISION NO. 9- T BY CLARENCE SPLETTSTOESZER20 ACRE PARCELSFROM A 4Q ACRE LOCATED AT 21903 HORSESHOE TRAIL. PID #33-119-23 310002 Roger gave a brief report on the request by the Splettstoezers. There was a discussion on the following: + Septic System Suitability for the Two Parcels + Payment of Park Dedication Fees On a motion by Mayers, seconded by Lindsley, to approve Resolution No. 1998 - 14, A RESOLUTION APPROVING LAND DIVISION NO. 98-03, A REQUEST BY CLARENCE AND NANCY SPLETTSTOESZER TO CREATE TWO (2) 20 ACRE PARCELS FROM A 40 ACRE PARCEL, LOCATED AT 21903 HORSESHOE TRAIL, PID #33-119-23 31 0002 with the correction of condition number four to state that paying $700 park dedication fee will be waived until such time the land is developed. Motion carried unanimously. WASTEWATER COMMISSION AND_H._R_.U.C. REPORT Bill Halverstadt gave the report of the Wastewater Commission meeting that was held on Monday, April 6, 1998. He stated that they worked on the wastewater ordinance and they may be done with the new ordinance by next month instead of July 1st. 229 HRUC ,A�� Paul Jacobs informed the council that he was at the Wastewater Commission meeting along with his engineer. He stated he would like to be on a future Council agenda to discuss a timeline. He then referred to a meeting held at the Civic Center on April 1, 1998 where David Gustafson from the University of Minnesota discussed a proposed law, 7089, that would have impact on non-residential areas. He further stated that the use of T.I.F. money on a storm water project may be premature until we see the impacts of the new proposed law. Frank stated that he received a phone call regarding a sale of property requiring the need for a new septic system because of a bottomless tank. Paul stated that he saw a bill that might change the 1997 law in 1998 to exempt the problem Frank just described. Ernie stated that if there is a question on septic systems, the best thing would be to contact the building inspector. A discussion started on the storm sewer project. Mayor Larkin stated that the Council will address that issue later in the meeting. REVISION TO SECTION 2-1.5 OVERTIME OF THE PERSONNEL POLICY Ernie stated that the public works department spoke to him regarding the restrictions on the amount of comp time accumulated and carried over from one year to another. There was a discussion on the carrying over of camp time into the next year with approval by Council. Clerk Doboszenski suggested that a report be given to Council in December showing the comp time accumulated, and that the report be approved by Council with one motion. On a motion by Lindsley, seconded by Mayers, to approve the revisions to section 2-1.5 Overtime of the Personnel Policy. Motion carried unanimously. RUORT ON BOMBING ARTICLE IN THE CROW RIVER NEWS Mayor Larkin questioned the 20 hours community service that was given to the arrested persons. Councilor Guenthner explained that the postal service's determination was that the amount of time and expense involved in doing prosecution, they would let the police department handle the situation. There was a brief discussion on mailbox damage that has occurred in the City. No action taken. REVIEW OF TOBACCO ORDINANCE AS PREPARED BY CITY ATTORNEY Jeff Carson reported that the state is requiring local governments to develop a tobacco ordinance. He further informed the Council that before any action can be taken by them, the law requires that we submit a copy to everyone in our jurisdiction that we license and that they have 30 days to review the proposed ordinance. 230 The only thing needed tonight is to direct Stacy to give a copy of the proposed ordinance to the license holders in the City and it can be on the agenda after 30 days. At that time there will be comments from license holders, and the ordinance can be revised. He further stated that this ordinance may be as strict as you want to get. Councilor Lindsley questioned what parts of the ordinance are law and what parts can be revised. Jeff will meet with Stacy and highlight the areas that are law and that are city directed. Clerk Doboszenski was directed to mail the ordinance to the currently licensed establishments. COUNTRYSIDE PLAZA BUSINESS SIGN - REQUEST TO USE CITY FIRoING Mayor Larkin questioned why the City would be funding this and what about the other business owners who would like a sign. Roger gave a brief report of the request and stated that the signs would be placed at both ends of the business district. He further stated that he met with T.I.F. consultant Paul Donna and there was a question of using T.I.F. money that this was a gray area. If T.I.F. money was to be spent, the wording of the sign would need to be changed to make it more City orientated. Mayor Larkin feels the T.I.F. money should be used for rehabilitation not for a sign. Councilor Guenthner agrees with Frank, this is a type of project that is put together by an association. As a stand alone project, that advertises private properties, it doesn't strike him as appropriate expense of the tax dollar. There was a brief discussion on setting a precedent and that the business owners should be responsible for their own advertising. On a motion by Guenthner, seconded by Lindsley, to deny this proposal and invite the business community to explore alternative proposals. Motion carried unanimously. TY ENGINEER REPORT Vince gave a brief background on the history of the storm sewer project. He stated that the business owners were notified of the open house informational meeting, however the "property owners" were not. He explained that at the last meeting that the feasibility report was ordered. He further explained that Roger and himself had received phone calls from Paul Jacobs and Tom Gleason expressing a concern regarding the benefit of the project and the argument is the magnitude of the benefit. Is it worthy of spending T.I.F. dollars? He spoke with Paul Donna, the City's T.I.F. consultant, who said there is no issue in spending T.I.F. money on storm sewer project. However, there would be more benefit to property owners in building a wastewater system, but if you think about it differently, more often than not City's spend their T.I.F. dollars on storm sewer because it is easier to assess properties for wastewater because the benefit is easier to identify. He stated it is up to the Council as how they want to spend T.I.F. dollars. In order to spend T.I.F. dollars, it would be a good idea to show what it would be spending it on. He feels information is needed from HRUC in order to make a decision. He then went on to explain the balance and the funding of the T.I.F. account and that the approximate cost of the storm sewer project is $200,000, of which 25% would be assessed to the property owners. Vince explained three options to the Council: 1. Continue with the storm sewer report, get more concrete numbers, and put a hold on it until the City is ready to construct a wastewater improvement concurrently. 2. Construct the storm sewer right away. 3. Delay the feasibility report until the other utilities have their information. He then informed the Council he received a call from Hennepin County on re -alignment of Co. Rd 116 and Co. Rds. 10/50. It was asked of Vince if the feasibility study is started or put on hold. Vince stated that nothing m r 31 has been done since the March 17th open house. Greg Ebert asked Vince who he listens to in this community and he reminded Vince that the Council employs him. He further stated that this was handled at the last Council meeting where it should be handled, but his question is where it stopped between the last Council meeting and this one. At this point in the meeting there was a lengthy discussion between Vince, Council and the following business owners and business representatives: Doug Russ, Todd Russ, Greg Ebert, John Spaeth, Les Oare, Scott Oare, Dave Riemer, Paul Jacobs, and Bill Halverstadt. The following main points were discussed: + How the property owners feel about the storm sewer, not the non -property owners + Do feasibility study now, or wait until there is a feasibility study of both the storm sewer project and the wastewater project + When the City Council can expect something from HRUC + Whether or not the storm sewer interferes with protected wetlands + Spending the T.I.F. dollars in the wrong area + Representation of the business community at the meetings + A petition circulated among part of the business community/property owners + The need of both the storm sewer project and the sanitary sewer project There was a discussion between Council and Vince on the stopping of the feasibility study. + Councilor Lindsley stated she was never contacted to stop the feasibility study + Councilor Guenthner stated that he was contacted by Vince who asked what staff should do regarding the comments and petition from the downtown area + Why business owners and representatives are not contacting the Council and Mayor instead they are contacting staff to reconsider to project + Councilor Kluck questioned why the rest of the Council was not contacted by Vince + Councilor Guenthner stated that he made the mistake and influenced Vince's decision for the stopping of the project, also stated the mistake he made was to question Vince's judgment. Based on what he has heard tonight he wants to stand by the decision made two weeks ago. + Mayor Larkin stated he ran into Vince at City Hall when he was there to sign checks. + Councilor Lindsley stated ever since she has been on the council, there has been a discussion on the improvement of downtown Corcoran. Council has to do something. + Vince stated that the thinking was that based on the history of the sanitary sewer project and the heat he took for doing the project, he did not want to take that type of criticism again. There was a discussion on why there has not been any information coming in from the HRUC. Paul Jacobs responded that a business plan was dropped off at City Hall about a month ago. Councilor Lindsley asked how soon they (HRUC) can do something with wastewater issues in downtown Corcoran. Paul stated possibly by the end of the year. On a motion by Guenthner, seconded by Lindsley, to reaffirm the Councils' action of two weeks ago directing the City Engineer to conduct a feasibility study. Motion carried with Kluck, Guenthner, Dixie, and Larkin voting aye; Mayers voting no. There was a brief discussion by Council. On a motion by Larkin, seconded by Lindsley, to approve the agreement between the City of Corcoran and the City of Maple Grove to allow Jerry Becher/Marna G's to hook up to Maple Grove's sanitary sewer and water. W ENGINEERCITY RERQRT Street Lig ting Report Vince gave cost proposals from Wright Hennepin Electric and several options for the street lighting. There was a discussion on how to designate areas that need the lighting and setting standards. Council directed Vince to come back with an outline and suggested criteria for locating street lights by overlaying accident data with traffic counts. CONSENT AGENDA Jeff Carson asked that the Resolution on the Tower Moratorium be pulled from consent agenda for discussion. He recommended that it be modified to exempt public land from the moratorium. On a motion by Kluck, seconded by Lindsley, to approve Resolution No. 1998 - 15, A RESOLUTION EXTENDING THE MORATORIUM WITHIN THE CITY OF CORCORAN ON THE CONSTRUCTION OF NEW TOWERS FOR 90 DAYS OR UNTIL THE TIME A NEW ORDINANCE IS APPROVED with the addition that public land be exempt from the moratorium. Motion carried unanimously. Vince pulled the resolution designating MSA Roads for discussion. He explained that a resolution was prepared and sent to state aid for review and the state commented that the newly designated roads do not connect anywhere. He informed the Council that the public works will be taking traffic counts to pursued the state that this is not a violation of the state aid system, that it is in the City's best interest, and they should allow us go ahead with it. He recommended tabling the resolution. At this point Mayor Larkin stated he had to leave the meeting (9:25 p.m.). On a motion by Guenthner, seconded by Lindsley, to table the Resolution designating 75th Avenue and Commerce Streets as MSA Streets. Motion carried unanimously. On a motion by Guenthner, seconded by Lindsley, to approve the following consent agenda items: • Approval of List of Claims #275 - 311 • Approval of the March 26, 1998 City Council Minutes • Approval of Cigar License for Pheasant Run Golf Course (pro -rated to run April tOth to June 30th) • Approval of Final Pay Request for Lan Dar Inc. (Pioneer Trail west of County Road 19 Improvement Project) Motion carried unanimously. OTHER BUSINESS Paul Fuss Prope X Councilor Muck questioned what has happened since Council last discussed the Paul Fuss property located at 8100 County Road 19. Clerk Doboszenski informed the Council of a letter on file which states that Mr. Fuss will have a temporary structure removed by May 1 st. Roger informed the Council that Paul, Loren, and himself will be visiting the property next week. DISCUSSION Corresl2Qndence No action taken. Doi Impoundment Councilor Guenthner informed the Council that the Corcoran Pet Care Center is reconsidering its position, and they may decide to continue to take impounded animals. Cl�p Da 233 Councilor Kluck questioned staff if we contacted Danny's Trannies in Ramsey for the collection of scrap metal. Staff informed Council that arrangements have already been made for the collection of scrap metal. A JIII Acting Mayor Ernie Mayers adjourned the meeting at 9:35 p.m. City kerk Mayor Acting Mayor