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HomeMy WebLinkAbout2004-06-10 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 1 The Corcoran City Council met on June 10, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin and Clerk Tillmann. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval MOTION by Bucher, seconded by Lymangood, and carried unanimously to approve the agenda with the following additions: • Liquor License Approval – New Business • Speed Limits in various areas in Corcoran – Council Reports - Bucher Open Forum There were four requests by the public to speak during open forum. Kevin Dale, 9820 Creek View Circle Mr. Dale was representing the Corcoran Athletic Association. In an attempt to generate revenue for the association, they would like to sell advertising signage on the ball field fencing. Funds would be used to improve the program, buy equipment and upgrade the baseball fields. The Planning Commission is concerned that the fencing could not support the signs as built. Councilor Thomas added that he was present at the Planning Commission meeting when this was discussed. The Planning Commission recommended not allowing the Athletic Association to have signage on the fencing and suggested that they investigate the possibility of generating support through sponsorship of a scoreboard. This issue would be further discussed during the Council reports towards the end of the meeting. Ron Hearshman, 20937 County Road 50 -- Speed Limits and signage Mr. Hearshman questioned if the City could do anything about the speed limit sign near Farmers State Bank on County Road 116. Also expressed concern about the speed limit on County Road 10 near the City Park. Mayor Guenthner responded that both are county roads, and speed limits are set based on state and county engineering standards. However, the City is working with Hennepin County on the re-design of intersections in Corcoran and Mr. Hearshman’s concerns can be addressed during that process. Councilor Lymangood added that a speed study had been conducted within the past year along County Road 116, noting that the number of accidents is taken into consideration when assessing the speed limit. Gary Scharber, 7970 Strehler Road -- CUT Petition and Referendum Mr. Scharber commented regarding Council discussion on May 27 regarding the petition submitted by CUT and the requested referendum. Scharber continued that in his opinion, 95 % of the people don’t get involved in politics, not because they are uneducated about the issues, but because they don’t have time. Feels that because people don’t get involved in politics doesn’t mean that they don’t have a right to vote. Further stated that newsletters are ineffective one-way communication. The Council needs to work harder to engage the Call to Order Roll Call Pledge of Allegiance Agenda approval with additions Open Forum Kevin Dale, Athletic Association Advertising Signs Ron Hearshman, Speed Limits and Speed Limit Signs Gary Scharber, CUT Petition and Referendum CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 2 public in discussion about relevant issues, either through the voting process, or through surveys People don’t want to come to Council meetings because the environment is threatening, prefer private settings. All opinions, quiet and vocal, should be heard. Councilor Lymangood requested that he be allowed to comment on Mr. Scharber’s remarks. Mayor Guenthner requested that comments be held until Council addressed the Facility Expansion further on the agenda, following open forum procedures. Councilor Lymangood commented that he was not a part of that policy discussion or debate. Bill Halverstadt, 6420 Old Settlers Road -- Parks and Trails Map Thanked the Council for the revisions to the Parks and Trails Map. Is pleased that the trail through his property had been removed. Commented that the note regarding voluntary development of parks and trails outside the 2020 area is very clear. Thanked the Council for listening to resident concerns and addressing those issues. Consent Agenda MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the consent agenda as follows: b. Approve payment of the June 10, 2004 Claims, #4283 -- 4322, in the amount of $127,055.40, as presented. c. Adopt Resolution #2004 – 46, authorizing application to the State of Minnesota for financial and technical assistance, and contracting with the Northwest Trails Association for acquisition of necessary interests in land and trail maintenance if said assistance is granted by the State. Consent Agenda Item 5.a. Discussion was held regarding consent agenda item 5.a. Minutes of May 27, 2004 Regular Council Meeting. Councilor Bucher suggested the following change: Page 7, 2nd Paragraph Questioned Gary Scharber’s 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. Mayor Guenthner suggested the following change to Page 6, 1st Paragraph: Meritorious public projects put on the ballot at a general election most often are approved. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve Consent Agenda Item 5.a. May 27, 2004 Regular Council Meeting Minutes, as amended. Bill Halverstadt, Parks and Trails Map Consent Agenda Approval Consent Agenda Item 5.a. Approve Consent Agenda Item 5.a. May 27, 2004 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 3 Unfinished Business Police Facility Expansion Administrator Vergin reported that the City had received a copy of the letter from CUT Attorney Jon Kingstad . that had been sent to Paul Donna of Northland Securities. This letter was then forwarded to the City’s Bond Counsel, who will have a legal opinion most likely by June 11, 2004, however not in time for this evening’s meeting. Therefore staff is recommending that the Council not take any action on the project financing at this meeting. Vergin continued that the timing is critical as the bid from Hunerberg Construction expires on June 18, 2004, therefore suggests that the Council hold a special meeting on June 17, prior to the Council workshop, to further address the project. Councilor Bucher questioned the outcome of reference checks on Hunerberg Construction. Administrator Vergin advised that she had contacted four references. Each reference received was very positive and stated that Hunerberg Construction does quality work. Councilor Lymangood commented that the City has been required to incur unwarranted legal expenses due to the CUT petition. Questioned if those expenses would be included as part of the project construction costs. Administrator Vergin advised that staff is tracking these expenses and she will address Councilor Lymangood’s question with bond counsel and report back to the Council. MOTION by Bucher, seconded by Thomas, and carried unanimously to table consideration the Police Facility Expansion financing and contract with Hunerberg Construction for construction services until June 17, 2004 at 6:45 p.m. Mayor Guenthner called a special meeting for June 17, 2004, at 6:45 p.m. to address the execution of the construction contract and authorizing the bonding for the Police Department Facility Expansion project. Discussion was held regarding various correspondence and media coverage surrounding the petition and facility expansion project. Mayor Guenthner identified the June 8, 2004 letter from Attorney Kingstad, a letter to the editor from resident Paul Jacobs appearing in the Crow River News on June 7, 2004 and an article appearing the Star Tribune West Metro Suburb edition on Wednesday, June 9, 2004. Councilor Lymangood pointed out that there were several inaccuracies in the June 7, 2004 letter to the editor in the Crow River News. Questioned the City’s’ responsibility to respond to inaccurate information, as in this case, it would require a very detailed response, and if the Crow River News checks the accuracy of information in letters from the public. Added that this issue will be discussed at the Charter Commission meeting on June 21, 2004. Lymangood continued that our form of government is designed with checks and balances, and is not necessarily designed to be “convenient” for people. Representatives Unfinished Business Police Facility Expansion Table consideration of Facility Expansion Financing and Construction Contract Call Special Meeting CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 4 of CUT were invited to the April 12, 2004 Charter Commission meeting and did not respond or attend. Mayor Guenthner added that he would be sending a personal open letter to the public regarding the facility expansion and the events that have unfolded over the last several weeks. Councilor Gageby commented that he supports the Mayor sending a letter to Corcoran residents. The Council holds open meetings so that people are able to get information. Council has opportunities for residents to have regular contact with the Council at any meeting, and the Council requests and even expects input from the public on city issues. He is disturbed by the errors in Mr. Jacobs letter to the editor and in the CUT petitions. Feels that remarks made are inflammatory and inappropriate. These delays have cost the City taxpayers a considerable amount of money and will continue to consume additional taxpayer dollars to accommodate a misinformed vocal minority group. Council represents over 5000 citizens throughout the City, not just the 5 electors. Further stated that he is proud to serve with the current Council and Mayor. This group is extremely committed to doing what is best for all residents, and they are doing the best they can, trying hard to make good, solid decisions. Councilor Bucher pointed out that the article in the Crow River News mistakenly stated the project cost to be $300,000, and requested that the paper be contacted to print the corrected amount of $350,000. Administrator Vergin advised that she had already contacted the Crow River News about the error and they will make a correction. Municipal Development Group Work Status Administrator Vergin reported that City staff met with Joanne Foust of MDG on June 2. The meeting identified where the City is at in the implementation process and the role that MDG will fill and things move forward. MDG has compiled a summary of the work that they will be performing for the City. It is estimated that their time commitment will be approximately 20 hours a month for four months. The cost is estimated to be approximately $4800, plus reimbursable expenses, which will be paid out of the implementation fund. Staff is conscientious of the fact that other issues may evolve out of this plan, and their services may be utilized in other ways if needed. Councilor Lymangood questioned if MDG could provide information regarding the financial benefit of providing services to the SW area, and if they could break down the potential revenues and costs for the SW business district if both sewer and water were provided, and if water only were available. Councilor Thomas also requested information regarding how and when it is appropriate to use TIF funds. Council directed staff to proceed with the project outline as identified by Municipal Development Group. Verizon Wireless Moratorium Exemption Administrator Vergin reported that this issue had been discussed at the May Municipal Development Group Work Status Staff Direction Verizon Wireless Moratorium Exemption CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 5 27, 2004 Council meeting. The matter was tabled because staff discovered a conflict in the City Code. During the codification process, the Tower ordinance was inadvertently omitted. The Tower Ordinance requires a conditional use permit, and not an administrative permit as previously identified. Therefore, the ordinance must be revised and Verizon Wireless must submit a CUP application. Staff is requesting that consideration of this item be tabled at this time, and advised that the applicant is aware of the process that will be followed. The Planning Commission will review this item on July 1, 2004 and it will come before the Council on July 22, 2004. MOTION by Bucher, seconded by Thomas, and carried unanimously to table consideration of the planning application for Verizon Wireless until the July 22, 2004 City Council meeting. Liaison Calendar Discussion was held regarding the Council Liaison Calendar for various commissions. Mayor Guenthner stated that earlier in the year, Council agreed to revisit the calendar in June. Councilor Bucher added that the Wastewater Commission is still in the process of developing guidelines for repair of septic systems and are close to completion. Requested that he be allowed to continue as the WWC liaison until September. The Mayor requested that all liaisons provide a thorough update of Commission activities on a regular basis to keep the rest of the Council abreast of what is happening with each group. Council agreed by unanimous consensus that the Wastewater Commission Liaison would remain the same through September 2004. New Business Rush Creek Blvd and Creek View Circle Petition for Improvement Administrator Vergin reported that the City has received a petition for the improvement of a residential cul-de-sac, in an area where the City has been trying to address various drainage concerns with residents. The petition is signed by 41% of property owners along the identified streets. If the Council wishes to accept the petition, staff should be directed to hold an informational neighborhood meeting with property owners, to provide preliminary cost estimates to property owners, and to determine if there is significant support to proceed further. Council requested that staff clarify if the petition requires support of 35% of the property owners, or support of property owners equivalent to 35% of the total road frontage, and to proceed with the necessary process and hold the informational neighborhood meeting. Additional Meetings of the Planning Commission Administrator Vergin reported that at the June 3, 2004 Planning Commission meeting, Staff addressed the possibility of needing additional meetings due to increased volume of applications, to assure compliance with the 60/120 day rule. Additional meeting dates will not be for applicant convenience, and only Table Consideration of Verizon Wireless Planning Application Liaison Calendar Rush Creek Blvd/Creekview Circle Petition for Improvement Additional Planning Commission Meetings scheduled at the discretion of Planning and Administrative staff. Action on this issue does not require a City Code amendment, but the code also does not specify CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 6 meeting dates. Staff is suggesting that the 3rd Thursday be used as a meeting night for the Planning Commission if needed. MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution #2004 – 47, authorizing optional meetings of the Planning Commission to be held on the third Thursday of each month, beginning at 7:00 p.m., at the discretion of City Staff. Liquor License Approval Clerk Tillmann reported that the 10-50 Club has requested a transfer of their liquor license from the current ownership to a new owner. The State requires that the new owner apply for the liquor license, which requires Council approval. Essentially, the Council would be rescinding the liquor license previously approved for Skel-Son, Inc. that would be effective July 1, 2005, and approve the license in the name of the new licensee, PJS Holding Company, LLC. All application materials, appropriate fees, and certificate of liability insurance have been received and the Police Department has completed a background check of the new applicant. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Resolution #2004 – 48, approving tobacco, beer and liquor licenses for PJS Holding Company, LLC, at the 10-50 Club, in the City of Corcoran. Council and Staff Reports Planning Commission Councilor Thomas provided an overview of the Planning Commission meeting held on June 3, 2004. The Commission reviewed changes to the Parks and Trails Map, based on Council and public comments. Many concerns were eliminated due to the changes. The commission addressed whether park dedication credit should be given for private parks. The commission feels that park dedication credit should not be given. They also discussed the sign ordinance, denying the request to allow advertising signage by the Athletic Association, and recommended instead to allow scoreboard signage, suggesting that the Athletic Association acquire financial support to erect a scoreboard. Administrator Vergin advised that this topic has been scheduled for discussion at the June 24, 2004 Council meeting. Goals and Objectives Meeting The agenda for this meeting will be available on Friday, June 11. Mayor Guenthner suggested that once Council receives the agenda, that each Councilor review and prioritize items prior to the meeting to encourage succinct discussion at the meeting, due to the long agenda and of items to address. Speed Limits Discussion was held regarding speed limits throughout the City, as discussed during open forum. Councilor Bucher added that the best time to address speed Adopt Resolution #2004 – 47, authorizing additional Planning Commission meetings Liquor License Approval Adopt Resolution #2004 – 48, approving licenses for PJS Holding Company, LLC at the 10-50 Club Council and Staff Reports Planning Commission Report Goals and Objectives Meeting Speed Limits CITY OF CORCORAN CITY COUNCIL MEETING JUNE 10, 2004 7 limit concerns is as a part of an intersection improvement project. Suggested that the City draft a letter to Harlan Hanson and Jerry Smrcka of Hennepin County, requesting that the County consider reducing the speed in certain areas as part of the proposed intersection improvements in Corcoran. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the meeting at 8:19 p.m. ____________________________________ Kary Tillmann, Clerk/Treasurer Adjournment