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HomeMy WebLinkAbout2004-05-27 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 1 The Corcoran City Council met on May 27, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk Tillmann, Attorney Carson, Planner Lindahl, Engineer Vander Top, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the agenda as presented. Open Forum There were no requests by the public to speak during open forum. Consent Agenda MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve the consent agenda as follows: a. Approve the April 29, 2004, Special Council Meeting Minutes as presented. c. Approve payment of the May 27, 2004 Claims, #4243 -- 4276, in the amount of $97,646.73, as presented. d. Adopt Resolution #2004 – 36, approving the final plat for Terry Kuehn, “Kuehn Farm”, on property located at 23525 Strehler Road, with conditions, as recommended by the Planning Commission. e. Adopt Resolution #2004 – 38, approving a lot consolidation for Jay Brown at 22355 Oakdale Drive and 22323 Oakdale Drive, with conditions; and adopt Resolution #2004 – 39, approving a conditional use permit for Jay Brown at 22355 Oakdale Drive, with conditions, as recommended by the Planning Commission. f. Adopt Resolution #2004 – 41, approving the preliminary plat for Robert Colebank, “Colebank Farms”, on property located at 21105 County Road 30, with conditions, as recommended by the Planning Commission, and adopt Resolution #2004 – 42, approving the final plat for Robert Colebank, for “Colebank Farms”, with conditions, as recommended by the Planning Commission. i. Adopt Resolution #2004 – 43, approving tobacco, beer and liquor licenses for various establishments in the City of Corcoran (complete listing on file with the City Clerk’s Office). Consent Agenda Item 5.b. Discussion was held regarding consent agenda item 5.b. Minutes of May 13, 2004 Regular Council Meeting. Mayor Guenthner proposed the following change: Page 9, 1st Paragraph Questioned the reference to an $18 million project on the front page of the petition, indicating that he was unclear what that was in reference to. He has Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Approval Consent Agenda Item 5.b. CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 2 spent a total of 8 years serving the City on the Council and as Mayor, and will not succumb to this type of nonsense, within 6 months of ending his tenure. has invested eight years trying to guide the City with good government and is not willing to allow this type of mischief to succeed. MOTION by Bucher, seconded by Lymangood, and carried unanimously to approve Consent Agenda Item 5.b. May 13, 2004 Regular Council Meeting Minutes, as amended. Consent Agenda Item 5.e. Discussion was held regarding consent agenda item 5.e. Bakke Conditional Use Permit. Mayor Guenthner requested that this item be pulled for separate consideration merely to point out that this structure, once approved, will be the largest structure in Corcoran. The structure will be for agricultural use only. Mayor Guenthner stressed that this structure should not become a test case for the City, and it has met all the necessary requirements, but in the future, larger structures may require a more extensive review. Councilor Gageby pointed out that if this structure were not for agricultural use, the request would have been denied. Councilor Lymangood suggested that this issue could be discussed at the June 17 Council workshop, to work with the Planning Commission to address tools that would assist review of this type of application in the future. MOTION by Lymangood, seconded by Thomas, and carried unanimously to adopt Resolution #2004 – 37, approving a conditional use permit for David Bakke, at 23805 County Road 10, with conditions, as recommended by the Planning Commission. Consent Agenda Item 5.g. Discussion was held regarding consent agenda item 5.g. Verizon Wireless Moratorium Exemption. Councilor Bucher questioned if it was possible to add additional height onto the existing tower, instead of building an additional tower next to the existing one. Planner Lindahl advised that it is not unusual to have towers located side by side. Bill Buell was present representing Verizon Wireless. Buell stated that there is no interference with side-by-side towers, and added that some municipalities require clustering, where some don’t. Rent will be paid to the Lions for the use of their property. Buell continued that additional height couldn’t be added to the current tower because it is not structurally possible. The height on the new tower takes into consideration interference from houses and trees. Buell further stated that towers that are too tall could also be a problem. Coverage areas are identified on the map provided. Quality of cell phones also plays a part in how well a signal is received. Verizon currently has towers in Maple Grove, Hamel, Medina, Burschville, and Rogers. Councilor Lymangood stated that he feels this tower provides a service to Maple Grove residents, but leaves a hole in coverage provided to Corcoran Approve May 13, 2004 Regular Council Meeting Minutes Consent Agenda 5.e. Adopt Resolution #2004 – 37, CUP for David Bakke Consent Agenda 5.g. CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 3 residents. Planner Lindahl informed the Council that the City’s new Zoning Ordinance allows that telecommunications towers on public property can be handled administratively, and require a CUP when located in a residential area. Lindahl, after a brief discussion with the City Attorney, requested that the Council consider tabling this matter upon finding a conflict in the city code. MOTION by Bucher, seconded by Lymangood, and carried unanimously to table consideration of the moratorium exemption for Verizon Wireless until the June 10, 2004 City Council meeting. CenterPoint Energy Franchise Agreement Attorney Carson provided an overview of the Franchise Agreement between the City of Corcoran and CenterPoint Energy. The existing franchise agreement with CenterPoint Energy (Minnegasco) was approved in 1984 for a period of 20 years. CenterPoint Energy has requested a new franchise agreement, which is modeled after an ordinance drafted by the League of Minnesota Cities. There are two versions of the agreement, considered a short version and a long version. Attorney Carson is recommending that the City approve the long version of the agreement at this time, which provides additional protections for the City. Discussion was held regarding section 3.5. Notice of Improvements to Streets. Councilor Lymangood questioned if repairs or alterations to gas facilities would be completed at the company’s expense. Arnie Hendrickson, representing CenterPoint Energy, advised that if the project served a public benefit, the company would cover the expense. Council requested that section 3.5 be modified to include the alterations or repairs would be completed at the company’s expense. Mr. Hendrickson agreed to the change. MOTION by Lymangood, seconded by Gageby, and carried unanimously to accept the franchise agreement with CenterPoint Energy with the modification to section 3.5. MOTION by Lymangood, seconded by Gageby and carried unanimously to accept the additional modifications to section 3.2 Street Openings, section 4.3 Projects with Federal Funding, section 8.2 Separate Ordinance, and section 8.5 Continuation of Franchise Fee, as recommended by Attorney Carson, in the franchise agreement with CenterPoint Energy. Planning Business Revisions to Subdivision and Zoning Ordinance Planner Lindahl reported that at the last Council meeting, it was suggested that the Open Space Preservation Plat Section of the Zoning Ordinance be amended regarding bonus densities for active parks. Lindahl continued that some additional conflicts have been found between the current City Code and the new subdivision and zoning ordinances and changes will need to be made. Staff is requesting that Council approve those modifications at one time, possibly in Table Consideration of Verizon Wireless Moratorium Exemption CenterPoint Energy Franchise Agreement Accept Franchise Agreement with modification to Section 3.5 Accept Additional Modifications in Sections 3.2, 4.3, 8.2, and 8.5 Planning Business Revisions to Subdivision and Zoning Ordinances CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 4 December 2004, unless there are issues that need to be addressed immediately. Councilor Lymangood requested that staff provide an outline of changes to date that will need to be considered, to the Council at the June 10 meeting. Westside Tire CUP Compliance Administrator Vergin advised that the City has been working with Westside Tire regarding non-compliance with their existing Conditional Use Permit. Staff has identified four areas by which Mr. Leuer could come into compliance. Mr. Leuer has indicated his willingness to work with the City, and has requested an amendment to the CUP to allow parking and outside screened-in storage, with a waiver from the black topping requirement. Mr. and Mrs. Leuer were present in the audience. Mayor Guenthner questioned the reasoning behind the request to waive the blacktopping requirement. Mr. Leuer responded that Westside Tire is located next to cornfield and that sewer and water services are scheduled to be provided in the near future. He would like to wait to black top the parking lot until the Council has identified the timeline for providing services to that area. Administrator Vergin added that the existing CUP would need to be amended to address the outside storage as well, because outside storage is not allowed under the existing CUP. There has been good improvement to the site and Mr. Leuer has been working with the City to improve the area. Councilor Thomas questioned if an interim use permit could be allowed. Attorney Carson advised that an Interim Use permit is date or event specific, at the Council’s discretion. Mayor Guenthner added that he would be comfortable with a two-year window because the City needs to finish specific planning for the provision of services. Councilor Lymangood pointed out that the paving requirement has been in the Zoning Ordinance for quite some time, citing Hope Community Church as an example. They are located next to a cornfield as well, and were required to pave their parking lot. Lymangood further questioned the timeline for providing services to that area. Engineer Vander Top responded that the timeframe is 2004 – 2010, and that this would be one of the first areas for discussion. Councilor Bucher questioned what additional issues there were regarding to non-compliance with the CUP. Administrator Vergin reported that outside storage is an issue and that Westside Tire needs to develop a site plan to screen the outside storage and the parking area. Planner Lindahl added that there is equipment and other items that don’t fit in their building, which would be addressed in the amended CUP. They are not requesting a new CUP, but an amendment to the existing one. Councilor Lymangood further questioned if the Planning Commission would have an opportunity to review the site plan. Planner Lindahl advised that the amended CUP would require a public hearing before the Planning Commission. MOTION by Thomas, seconded by Gageby, to express the Council’s Westside Tire CUP Compliance Comments from the applicant Explore an Interim Use Permit willingness to explore the possibility of an interim use permit for Westside Tire. After further discussion, Councilor CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 5 Thomas withdrew the motion. Staff was directed to work with the applicant to proceed through the application process with Planning Commission review. Unfinished Business Police Facility Expansion Administrator Vergin reported that bids for the facility expansion project have been received and reviewed by the Facility Committee. At this time, the Committee is recommending to proceed with the project, and a resolution has been prepared that would award the bid, if the Council chooses to proceed. The City has received a petition from Corcoran United Taxpayers (CUT) requesting a reverse referendum special election. Correspondence from Attorney Carson and Clerk Tillmann is included in the packet regarding the petition. Mayor Guenthner stated that Clerk Tillmann followed statutory requirements to validate the petition. Clerk Tillmann reported that the petition as submitted contained 237 signatures. A thorough review of the petition and voter registration records showed that 53 residents are not registered to vote in the City of Corcoran, therefore are invalid. An additional signature was invalidated because the signature was illegible and the resident address could not be verified, and three additional signatures were invalidated because it was apparent that they were not original signatures, but signed by another person at the same address. According to MN Statute 475.521, the petition must be signed by voters equal to five percent of the votes cast in the last General election. The number of registered voters in the November 2002 General election was 2,889. Therefore, 145 signatures would be required in order for the petition to be valid. Clerk Tillmann validated 180 signatures on the petition. Attorney Carson added that subsequent review of the petition by himself and Clerk Tillmann, including a review of MN Rule 8205, showed that the petition fails in several areas. MN Rule 8205 identifies the appropriate form and design for any petition requesting a City election. Some deficiencies in the petition are minor, for instance, the number of signature lines on a page, and consecutive numbering of said lines. There are also deficiencies of substance, particularly the requirement of the signatory oath on each page of the petition. Attorney Carson added that he concurs with Clerk Tillmann’s determination that the petition is invalid due to these deficiencies. Attorney Carson continued that the Council has two options. They could reject the petition based on Clerk Tillmann’s determination, or they could accept the petition and schedule a special election or put the question on the ballot at the general election. If the Council chose to hold an election, the project would be held in suspense until the outcome of the election. Motion withdrawn by motioner Staff Direction Unfinished Business Police Facility Expansion CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 6 Mayor Guenthner stated that this has become a challenging issue. The petition appears to express discontent with the facility expansion project, however, he is skeptical of the sufficiency of public understanding regarding what the petition addresses. At the public hearing, almost all the comments received were favorable, reinforcing that the project is greatly needed, but that people wanted to vote on it. Guenthner continued that research has shown that most public funded projects are defeated if placed on a special election ballot. Meriotorius public projects put on the ballot at a general election most often are approved. If the petition were appropriate, he would be in favor of putting this question on the ballot at the upcoming general election, as voters tend to be more informed during that election period. In the interim, however, the city would lose the benefit of a lower interest rate and lower construction costs. Denying the petition on its defects gives fuel to the cause of CUT, that the Council is not listening to them, which is not the case. Councilor Lymangood stated that CUT presented the previous petition to the Charter Commission, which was denied, and then presented the same petition to the Council, which was again denied. The Council has already looked at this and has asked for an engaging discussion with CUT, a request that they have chosen to ignore. The responsibility falls on CUT to make sure that what they are presenting is accurate. They have wasted taxpayer money because they refuse to engage the Council on what is appropriate. Mayor Guenthner acknowledged receipt of an email from Sonja Tilbury, whom he had met with after the last meeting to discuss the petition. Ms. Tilbury’s e-mail correspondence had many valid points, which the Mayor would like to address. The Mayor suggested that the council draft an open letter to the community, possibly for review at the next meeting. Councilor Lymangood concurred that Ms. Tilbury’s email contained many valid suggestions. He also suggested that expense incurred in the way of staff time to review and validate the petition would have more than covered the cost of preparing and mailing an additional City-wide newsletter. Councilor Thomas added that he agrees the petition is invalid and that the Council has no choice but to reject it, but that doesn’t resolve the issue. He is hesitant to assume what the motives behind the petition are. If the intent is to have voter approval on every large expenditure made by the City, then there is no representative government. The cost of this project will add approximately $20 per year onto resident property taxes. Added that the City could have moved ahead with this project without bonding, but the Council wanted to make sure that the process was open and that information was available to the public. The Facility Committee has explored this project for the last three years. It is not a snap decision, but has been carefully thought out and a definite need has been identified. This was the least expensive way to proceed, which has ended up costing the city more money because of the petition. Councilor Gageby continued that he was disappointed that members of CUT Public Comment via E-mail CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 7 were not more involved during the entire process, which has been taking place over the last three years. There was ample opportunity for public input for the project. If they had been more involved or had more discussion with the Council and staff, their concerns could have been addressed. He is not convinced that all the petition signers understood what they were signing for. There are other funding mechanisms available to the City for this project. Councilor Bucher concurred with all comments made by Council regarding the petition and the project. He expressed his frustration with CUT and the process they followed, adding that the City has increased the annual budget for City newsletters and communication, and yet people are not willing to get information by attending meetings or contacting City Hall. Questioned a statement made by a resident at a previous meeting that people are not willing to come to meetings to get more information, but yet are willing to vote. How can one vote intelligently unless you have accurate and appropriate information? The City can only do so much to keep residents informed before people have to take responsibility and educate themselves. Requested that Council explore other avenues for communicating with residents at the goals and objectives workshop on June 17. Mayor Guenthner stated that when he first became Mayor, he made himself available on Saturday mornings at City Hall to answer questions of the public. He will be starting that again, which will be publicized in the local paper, on the website and in the City newsletter. There is also a new section in the Star Tribune called the Metro Western Suburb addition, of which Corcoran is included. Mayor Guenthner has already spoken with the reporter covering the Corcoran area, and news and information regarding City happenings will be included in this section of the paper. MOTION by Bucher, seconded by Thomas, to reject the petition as invalid, based on the deficiencies identified in MN Rule 8205, as recommended by the Attorney and City Clerk/Treasurer. After additional discussion, Councilor Bucher withdrew the motion. MOTION by Lymangood, seconded by Gageby, and carried unanimously as follows: WHEREAS, a petition was submitted to the City of Corcoran by the Corcoran United Taxpayers; and WHEREAS, the petition was reviewed by the City Clerk/Treasurer and the City Attorney; and WHEREAS, no contact was made to the City by the proposers of the petition; THEREFORE be it resolved by the City Council of the City of Corcoran that the petition is hereby rejected for the reasons identified by the City Clerk/Treasurer and City Attorney, due to the deficiencies of form as outlined in MN Rule 8205.1010. Reject the Petition as submitted Motion withdrawn by motioner Reject the petition as submitted due to deficiencies of form as outlined in MN Rule 8205 Bid Award Administrator Vergin reported that Hunerberg Construction was the apparent low bidder for the project, with a total of approximately $336,000, after Alternate 1 and CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 8 Alternate 2 are calculated in. Staff is requesting Council approval of the bid, contingent upon a favorable reference check. Funding will be discussed at the June 10, 2004 Council meeting. MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2004 – 44 as amended, awarding the bid for the police facility expansion project to the apparent low bidder Hunerberg Construction, and directing the Mayor and City Administrator to enter into a contract agreement for the facility improvement according to the plans filed with the City Clerk’s Office, contingent upon a favorable reference check of the contractor. Roll call: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, naye; Thomas, aye. Motion carried. Parks and Trails Map Council reviewed a memorandum from Consultant Sherri Buss regarding changes to the Parks and Trails Map. Changes were made to the map based on Council and public comments taken at the May 13, 2004 meeting. The following changes were made: • Identified the 2030 Development Area on the map • Changed to bold solid lines around the 2020 and 2030 Development areas • Revised the note regarding trails outside the 2020 and 2030 Development Areas and increased the size of the text • Changed the off-road trails outside the 2020 and 2030 Development Areas to dashed lines • Changed one trail indicated in the area west of County Road 116 and north of Hackamore Road from on-road to off-road designation • Removed the 2 neighborhood parks shown outside the 2020 Development Areas from the map, and will include notation in the attachments to the Parks and Trails Plan, of these areas for future reference by the Commission • Moved the Open Space Park east of Lake Jubert to a more accurate location Councilor Lymangood added that this is a work in progress and the public hearing regarding the park dedication ordinance will be held on June 3, 2004 at the Planning Commission meeting. MOTION by Bucher, seconded by Lymangood, and carried unanimously to adopt Resolution #2004 – 45, adopting the Parks and Trails System Map, as presented, as recommended by the Parks and Trails Commission. Revised Concept Utility Reports Engineer Vander Top was present to discuss revisions to the Concept Utility Bid Award for Facility Expansion Adopt Resolution #2004 – 44, Awarding Facility Expansion Bid Parks and Trails Map Adopt Resolution #2004 – 45, accepting Parks and Trails System Map Revised Concept Utility Reports Report for the Southeast, Northeast, and Southwest Districts. Revisions are based on Council feedback from the April 29, 2004 meeting. Council suggested minor text and formatting changes to the CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 9 document, which Engineer Vander Top will incorporate. Council was advised that a public hearing is not required for adoption of the document. Council agreed by unanimous consensus to accept the Concept Utility Reports, to include suggested changes, as noted by Council. New Business City Assessor’s 2005 Contract Administrator Vergin reported that the contract for City Assessing services is up for renewal this year. Last year the City negotiated a no increase contract with the Assessor. This year, they have requested an increase of 4%. Staff is recommending that Council consider a performance evaluation of their services when completing evaluations of other contracted staff. Councilor Lymangood requested that staff contact the City of Maple Grove for information regarding how they do their assessing, including costs, experience, etc. and provide this information at a future council meeting. MOTION by Bucher, seconded by Gageby, and carried unanimously to accept the proposed contract with the Greater Northwest Office of Real Estate Assessment, for 2004 – 2005, in the amount of $41,508.00 annually. Council and Staff Reports Planning Commission Mayor Guenthner reported on the last Planning Commission meeting, noting the items that were approved by the Council through the consent agenda. The Planning Commission also discussed the sign ordinance, advising that the Baseball Association has been taking orders from vendors for advertising signage on the ball field fencing. The Planning Commission has denied this request, as the fencing is not adequate to support plywood signs. Engineer Vander Top concurred with that determination. Council discussed other signage alternatives, such as cloth or vinyl. No action taken. Meeting with City of Medina Mayor Guenther reported that he and Administrator Vergin met with Medina City Administrator Chad Adams and Mayor Zietlow on May 19, 2004. At this time, the City of Medina feels that they would have to allow residents to connect to sanitary sewer if the pipe were available, and they are not ready to do that. Several alternatives were discussed. Administrator Vergin added that she discussed those alternatives with Robin Caufman, Met Council, who advised that the options should be further explored. Staff from the Corcoran and Medina will be meeting on June 2, 2004 to further discuss. Waste Water Commission Councilor Bucher reported that the Wastewater Commission has been working Acceptance of Concept Utility Reports New Business City Assessor’s 2005 Contract Accept Contract Proposal Reports Planning Commission Meeting with City of Medina Waste Water Commission on standard practices for septic system repairs. The process overall has been good, and has provided a greater understanding to Commission members regarding the facets of ISTS. The Commission is also beginning to address I & I issues, and will be drafting a policy in the near future. CITY OF CORCORAN CITY COUNCIL MEETING MAY 27, 2004 10 Parks and Trails Commission There was no new information to report, as this item was discussed in conjunction with the Parks and Trails Map earlier on the agenda. Elm Creek South Branch Sewer Interceptor Meeting Administrator Vergin reported that the Met Council hosted a public information meeting regarding the Elm Creek Sewer Interceptor Extension - South Corcoran Branch on Wednesday, May 19, 2004. She and Engineer Vander Top attended on behalf of the City. There were approximately 50 people in attendance to hear an overview by the Met Council of the project and the proposed timeline. Corcoran residents Tim and Mavis McGee submitted written comments to the Met Council regarding the sewer interceptor extension. Engineer Vander Top provided a summary during the question and answer period of the status of the City’s phasing and intent regarding existing residential neighborhoods. Met Council Regional Policy Plan Meeting Administrator Vergin reported that she and Engineer Vander Top attended a Met Council meeting on May 20 regarding Regional Policy Plans. The purpose of the meeting was to provide a brief overview and express the Met Councils desire to hear from municipalities regarding the policies. Councilor Lymangood questioned if additional meetings will be held and also suggested that Corcoran’s Concept Utility Reports be forwarded to the Met Council. Closed Session – Employee Performance Evaluation Mayor Guenther closed the meeting at 9:12 p.m. for the purpose of conducting an employee performance evaluation. Mayor Guenthner reconvened the meeting at 9:24 p.m., reporting that he and Councilor Gageby will meet with Administrator Vergin the near future to discuss the evaluation. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:25 p.m. _______________________________ Kary Tillmann, City Clerk/Treasurer Parks and Trails Commission Elm Creek South Branch Sewer Interceptor Meeting Met Council Regional Policy Plan Meeting Closed Session Reconvene Meeting with Administrator Adjournment