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HomeMy WebLinkAbout2004-03-11 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 1 The Corcoran City Council met on March 11, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Engineer Vander Top, Attorney Carson, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Lymangood, and carried unanimously to approve the agenda as modified: 6.e. Resignation of Brent Anderson 7.c. Include Summary of Issues for Zoning/Subdivision/Zoning Map 8.f. Speed Limits within Detour Areas Open Forum Terry Forbord, Laurent Development LLC, Shakopee – Laurent Development will provide types of projects that they believe the City is seeking. However, the Park Dedication Ordinance as presently proposed, will not allow them to provide the city with “master planned communities”. Laurent Development urges the City to 1) reconsider the dedication requirement of 10% of gross acres (upland); and 2) the ordinance does not allow for private parks with a Home Owners Association. The PUD is suppose to provide incentives to developers, the proposed park ordinance takes that away. Consent Agenda MOTION by Bucher, seconded by Thomas, and carried unani mously to approve the consent agenda as presented, with the exception of item 5.a. Council Minutes of 2/26/04. b. Approve payment of the March 11, 2004 claims, #4039 – 4069, in the amount of $40,193.48 as presented. c. Adopt Resolution No. 2004-14, accepting the 2004 Gravel Bids and authorizing Public Works Superintendent to enter into contract on behalf of the City, with Buffalo Bituminous for the Class 5 Gravel. d. Approval of Final Payment for Rolling Hills Road Project as recommended by the City Engineer Vince Vander Top in the amount of $99,502.00. MOTION by Thomas, seconded by Bucher, and carried unanimously to approve the February 26, 2004 council minutes with the following correction: Mayor Guenthner added that it would be appropriate to develop a policy in regards to financing projects and alternatives available to the Council, for discussion the police department expansion project, this will be addressed further at the March 11, 2004 Council meeting. Unfinished Business 2 AM Closing for Licensed Liquor Establishments - Administrator Vergin provided an overview of the staff report regarding the consideration of allowing a 2:00 AM closing for licensed liquor establishments. Chief Schutte and she had reviewed the request and after polling several communities, identifying adjustments that would be required in the officers shifts and costs that could be incurred by the City, they recommend that it only be allowed for Friday, Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Terry Forbord – Park Dedication Ordinance Consent Agenda Approval Approval of 2/26/04 Council Minutes 2 AM Closing – Licensed Liquor Establishments Saturday and Sundays; that a fee be set to cover the shift differential, calculated to be CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 2 $100.00 per year; and that it be monitored and if any issues d0 arise they will be addressed at that time. Chief Schutte assured the council that the shift change will not have an impact on other high coverage times. The council, by consensus, directed staff to prepare a draft ordinance for consideration of allowing a 2 AM closing, for the March 25, 2004 council meeting. Policy Consideration – Utilization of Financing Tools (Police Department Expansion) - There are three options to consider for financing the expansion to the police facility. The Council addressed these options and concurred that the General Obligation Capital Improvement Bond provides a better option to the citizens of Corcoran, as it provides the better cost savings and allows an opportunity for the public to petition for a referendum. The timing for the project appears to be good with low interest rates and construction costs coming in under budgets. Administrator Vergin described the time frame for moving forward. A public hearing would be required that could occur on April 8, the architect is preparing plans and can proceed with publishing and accepting bids, the city needs to wait 30 days after the public hearing in the event that there is a petition filed for a referendum, if no petition is received then the bids can be awarded at the end of the 30 day time period. Addressed the term of the bonds. The bond issue will be in the amount of $350,000, for ten years. Ten years has been determined as the useful life of the expansion for the Police Department, at the end of that time it is anticipated that the space will become utilized by the administrative staff of the City. MOTION by Thomas, seconded by Bucher to call a hearing for April 8, 2004 for the issuance of the General Obligation Capital Improvement Bonds in the amount of $350,000 for the expansion to the police facility. Councilor Lymangood addressed the Council indicating that he would be a dissenting vote as he feels that the timing is not appropriate, expenditures by the City are accelerating, the focus should be on completing the comprehensive plan. When an organization tends to do too many things they can have difficulty in completing them. VOTE ON MOTION: Voting Aye: Bucher, Gageby, Guenthner and Thomas. Voting Nay: Lymangood (Motion Carried) Financing Tools – PD Expansion Set Hearing for CIP Bond Issue CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 3 Performance Review Form for Consultant Services Administrator Vergin provided a form for conducting performance reviews of Consultant Services. Asked that the Council review the form and provide her with feedback. This matter would be in front of the City Council on March 25 to establish a Review Committee. ATV Ordinance Review Police Chief Schutte informed the Council that the proposed draft ATV ordinance was on the agenda for discussion purposes only, not seeking adoption at this time. Chief Schutte provided an overview of the process which he and Code Enforcement Official Reger have gone through to get to the current proposed ordinance. The Ordinance before the Council is based on public input, along with input from the City Attorney and DNR Officer Kanieski. There does appear to be two issues that are causing concern by the public- hours of operation and lot sizes. Mayor Guenthner indicated that he would allow public input on the ordinance, but would not debate the ordinance. Councilor Gageby suggested that perhaps that during the months of May through September operators be allowed to ride until one hour before sunset. Schutte responded that people had indicated that they would like to have a quiet time, and therefore we restricted the hours of operation. Councilor Lymangood suggested that the problem should be articulated, that perhaps trying to address with too many restrictions. One standard will not meet the needs of the full 36 square miles of Corcoran. Appears that there is competing interests, enjoyment of one’s quiet backyard, or the right to ride on their own property. Suggested that distance from someone’s dwelling would be more appropriate than from lot lines. Consideration to allow the neighbors to regulate, that if the neighbors do not object and provide written permission, then allow them to ride. Councilor Gageby concurred that distance from the dwelling unit would be more appropriate. Councilor Thomas stated that he is uncertain as to what distance or lot size is appropriate, but written permission from neighbors does seem appropriate. Chief Schutte informed the group that the distance had actually been addressed and revised after the second public meeting, the revised ordinance before them does indicate 100 feet from a dwelling unit. Mayor Guenthner indicated that he would be willing to work with Chief Schutte on the ordinance. Concerned that permission could be abused and should have some process in place to address that. Performance Review Form - Consultant Services ATV Ordinance Review Brad Arneson, 6665 Trail Lane – Have children that ride dirt bikes, they ride for approximately one hour. Moved from Brooklyn Park to be in a rural area. Commends CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 4 Chief for the work that has been done. Would like to see the written permission added. Diana Straate, 6265 Butterworth Lane – Concerned that only a few people are complaining and wrecking it for others. It is healthy fun for her kids, they work on their own machines which is hard work and educational. Would like to see the criminal penalty reduced. Can work with the hours and is okay with the 100 foot distance requirement. Ivan Waterworth, 6345 Butterworth Lane – Likes adding the permission from neighbors. If three people can complain about ATV and cause change, then can we complain about horses and chainsaws? Doesn’t like to see things taken away from the kids. Brent Anderson, 21100 93rd Avenue – It appears that more of the issue is really the noise, so why not address the decibels of the equipment. Brad Nelson, 10206 Bechtold Road – He has concerns regarding the lot size restriction. He has 1 ½ acres and is surrounded by large farms, there are no immediate neighbors. Diana Straate, 6265 Butterworth Lane – The hours do penalize the adults if they would like to take a ride in the evening. Paul Boehmer, 19104 Gleason Road – If we are going to regulate ATV’s then we better start regulating snowmobiles too. Mayor Guenthner informed the residents that the council does try to view all issues to come to a resolution. Councilor Lymangood noted that at the planning workshop recently attended by the Council the speaker urged that cities should not set noise standards that can only be monitored by expensive equipment. Mayor Guenthner reiterated that he would be willing to work with the Chief and if there is some technical standard to address noise, such as an engine type, that can be looked into. Chief Schutte stated that the City is trying to be pro-active before many complaints are received, that they most likely will not be enforcing strongly, but when a compliant does occur an ordinance does provide a means by which to regulate and enforce. Resignation of Brent Anderson Councilor Bucher stated that he would like to address the matter of Brent Anderson’s resignation. Anderson will be leaving Corcoran, with intentions Resignation of Brent Anderson of it being temporary, and therefore resigned from the Commissions that he serves. Those being the Waste Water Commission, Parks & Trails Commission and the Charter CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 5 Commission. Anderson has shown a commitment to each of these commissions and has demonstrated a passion to serve this community. The City’s current ordinance does not require that Planning Commissioners or Waste Water Commissioners be residents, however Parks & Trails Commissioners are required to be residents. Will need to look into the Charter, as unsure as to what the requirements are. Brent Anderson was in the audience and indicated that he is willing to continue to serve on the Commissions for the City. MOTION MADE AND AMENDED by Bucher, seconded by Thomas and approve unanimously to decline the resignation of Brent Anderson based on the apparent temporary nature of his absence from the City. Councilor Lymangood did inform the Council that the Parks & Trails Commission did make an appointment at their last meeting to replace Anderson. The Council directed Anderson to continue attending the commission meetings and directed staff to bring the Commission ordinances to the April 8th council meeting for further review. New Business Street Utility Bill Engineer Vander Top provided an overview of the proposed Street Utility Bill that is being sponsored by the League of MN Cities, the City Engineers Association and the Minnesota Public Works Association. This is currently being introduced into legislation and they are seeking cities support. Staff is not recommending that the City implement this, but support it as an additional tool for revenues. MOTION by Lymangood, and seconded by Bucher and approved unanimously to adopt Resolution No. 2004-15, as modified, supporting the adoption of legislation that would provide cities with policy options to address street improvements and maintenance programs. Taxpayer’s Bill of Rights (TBOR), Oppose Tax and Expenditure Limitation Proposal The League of MN Cities is seeking support of Cities to oppose the TBOR as they feel that it could harm local communities through continued reduction in State funding. The Council was in general consensus that tax payers have the right to support or not support, and therefore took no action on the matter. Zoning & Subdivision Ordinances and Zoning Map Schedule Meeting - Mayor Guenthner called a special council meeting for Tuesday, March 23 at Decline Resignation Review Ordinances regarding Commissioner Requirements Street Utility Bill Support Street Utility Bill- Resolution No. 2004-15 TBOR – Tax & Expenditure Limitations Schedule Mtg – Ordinance Consideration 7:00 p.m. for the purpose of considering the proposed zoning and subdivision ordinances and adoption of the zoning map. Summary of Issues CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 6 The primary issues, based on the public hearing held before the Planning Commission on March 4th appear to be Park Dedication and the Zoning Map. The Open Space Preservation Plat was well received; requested that the Parks & Trails Commission look into an Urban Forestry ordinance; and recommended Net Density. Requested that staff prepare a summary of what types of park dedications were used in the developments which were in the self guided tour. Discussed premature subdivision. Councilor Gageby would like to have further discussion on the matter at the March 23 meeting. Other councilors indicated that the matter was addressed at the February workshop and further discussion does not seem necessary. Volunteer Recognition Set the Volunteer Recognition for April 22, beginning at 6:30 p.m., with a presentation at 7:00 p.m. during the regular council meeting. Commissioners of all boards and committees, and office volunteers will be recognized. Council and Staff Reports County Road 101 and 30 Directed that the letter prepared by Engineer Vander Top addressing the proposed intersection designs for County Roads 101 and 30 be sent to Hennepin County and copied to Maple Grove and Mama G’s. Parks & Trails Commission Report Councilor Lymangood reported on the Parks & Trails Commission meeting held March 9. They had addressed percentage versus a per unit fee. The Commission directed staff to prepare a per unit fee option. Addressed private parks and whether or not credit for them should be provided. If it is a large centralized park which is private, then the city should not accept as park dedication; however if there are parts that are public, then willing to consider some credit. Addressed when park dedication fees should be paid in the area outside of the 2020 MUSA area, it has been suggested that they be paid at the time of the building permit application, not when the property is subdivided. Meeting with Sheriff McGowan Administrator Vergin reported on the meeting that she and Chief Schutte had with Sheriff McGowan on March 8. The meeting was to address the future of the Corcoran Police Department. McGowan was informed of the plans for the expansion and additional staff that has been budgeted for in 2004. Burning Permits In previous years burning permits were good for 30 days. In 2004 it was Zoning & Subdivision Ordinances Volunteer Recognition County Road 101 and 30 Parks & Trails Commission Report Meeting with Sheriff McGowan Burning Permits changed that permits are now only for a period of 7 days. This was based on input from the Fire Departments. Staff is recommending that the 7 day period remain. No action was taken. CITY OF CORCORAN CITY COUNCIL MEETING MARCH 11, 2004 7 Speed Limits in Detour Areas The City has received new information that there is a provision in Mn/DOT rules that does allow for reduction of speed limits in areas identified as detours. Staff will be following up with Hennepin County on the matter. MOTION by Thomas, seconded by Bucher and approved unanimously to adjourn, 9:10 p.m. _______________________________ Susan Vergin, City Administrator Speed Limits in Detour Areas Adjournment