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HomeMy WebLinkAbout2004-08-12 Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING AUGUST 12, 2004 1 The Corcoran City Council met on August 12, 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, 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 Lymangood, and carried unanimously to approve the agenda with the following additions: • Appointment of Election Judges – New Business • Planning Commission Meeting Report – Council Reports, Gageby • Lake Elmo Court Decision – Council Reports, Lymangood Open Forum There was one request from the public to speak during open forum. Chad Robran, 19805 Olde Sturbridge Road – Corcoran Country Daze Mr. Robran was present representing the Corcoran Jaycees to provide an update on the Corcoran Jaycees “Corcoran Country Daze” event scheduled for August 28. Mr. Robran advised that there is a lot of excitement in the community and amongst local businesses for the event. Country Pizza is sponsoring a corn feed on 8/28 and is asking for support from local businesses. A concert featuring Chace Roberts has been added at 7 p.m. in the evening, and there will games for kids and adults throughout the afternoon. Council expressed their appreciation and support for this event Consent Agenda MOTION by Gageby, seconded by Thomas, and carried unanimously to approve the consent agenda as presented. a. Approve the Council Budget Workshop meeting minutes of July 21, 2004, as presented. b. Approve the Regular City Council meeting minutes of July 22, 2004, as presented. c. Approve payment of the August 12, 2004 Claims, #4462 - 4499, in the amount of $90,749.24, as presented. d. Adopt Resolution #2004 – 60, approving a temporary liquor license application for the Corcoran Jaycee’s for Corcoran Country Daze on August 27 – 28, 2004, located at the Corcoran City Park, provided appropriate application and insurance documentation is submitted to the City Clerk. e. Adopt Resolution #2004 – 61, amending the Building Rights map for Carl Tessmer property located east of County Road 19 and south of Oakdale Drive (PID# 06-119-23-42-0004), as recommended by staff, with the following conditions: 1. The current building rights map reflects an error from when the subject property was separated from the farmstead in 2000. Prior to the subdivision, the farmstead and two building rights remained on the site. The map should reflect that two building rights remain on the subject site, but no building rights remain on the farmstead site. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Chad Robran, Corcoran Jaycees Consent Agenda Approval CITY OF CORCORAN CITY COUNCIL MEETING AUGUST 12, 2004 2 2. An amendment to the building rights map is approved to reflect the two building rights remaining on the subject property. The additional building right will allow subdivision for creation of two home sites. 3. A maximum of two lots shall be permitted to be created. 4. No subdivision is approved at this time. The property must be platted to allow subdivision in compliance with ordinance requirements. d. Adopt Resolution #2004 – 62, amending the Building Rights map for Outlot A, Baumeister 2nd Addition, as recommended by staff, with the following conditions: 1. An amendment to the building rights map is approved to allow one additional building right on Outlot A, Baumeister 2nd Addition. The additional building right will allow subdivision of Outlot A for one additional home. 2. A maximum of two lots shall be permitted to be created from Outlot A. 3. No subdivision is approved at this time. The property must be platted to allow subdivision in compliance with ordinance requirements. No buildings are permitted on outlots. 4. The property is unique in that a driveway agreement dated August 9, 1991 was approved by the City and filed at Hennepin County (document #5816575). Furthermore: a. The driveway agreement indicates that building permits will be issued for Outlot A and certain other properties. b. The landowners have inferred that this document grants additional building rights to Outlot A. c. The City finds that the language in the document only ensures that permits will be issued for certain properties as outlined in the driveway agreement. d. The City finds that building permits and building rights are different legal terms and building permits do not confer additional building permits. e. The City finds that driveway agreement cannot and do not confer building rights. f. However, the City also finds that this driveway agreement and the supporting documentation are somewhat unclear. In this unique circumstance, the City finds in favor of the landowner and grants one additional building right on Outlot A. EDA Business Mayor Guenthner recessed the Regular Council meeting and opened a meeting of the Corcoran Economic Development Authority at 7:14 p.m., with all members present, followed by the appointment of Officers. NOMINATION by Thomas, seconded by Bucher, and carried unanimously to appoint Ken Guenthner as President of the EDA. NOMINATION by Guenthner, seconded by Thomas, and carried unanimously to appoint John Bucher as Vice President of the EDA. EDA Business Call to Order Roll Call Nomination for President Nomination for Vice President CITY OF CORCORAN CITY COUNCIL MEETING AUGUST 12, 2004 3 NOMINATION by Thomas, seconded by Bucher, and carried unanimously to appoint David Gageby as Treasurer of the EDA. NOMINATION by Bucher, seconded by Thomas, and carried unanimously to appoint the City Clerk as Secretary and the City Administrator as Assistant Treasurer of the EDA. Paul Donna, Northland Securities provided an overview of the action before the EDA, namely, awarding the sale of Lease Revenue Bonds for the Police Department Facility Expansion project, and approving the Ground Lease, Lease Purchase Agreement and Security Agreement between the City of Corcoran and the Corcoran Economic Development Authority. Mr. Donna also outlined the debt payment schedule and identified when the funds would be available to the City. MOTION by Gageby, seconded by Lymangood, and carried unanimously to adopt Resolution #2004 – 63, awarding the sale of $325,000 Public Project Lease Revenue Bonds, Series 2004; fixing their form and specifications, directing their execution and delivery, and providing for their payment. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the EDA meeting at 7:26 p.m. and reconvene the regular Council meeting. Unfinished Business Execution and Delivery of Lease Documents MOTION by Gageby, seconded by Thomas, and carried unanimously, to adopt Resolution #2004 – 64, authorizing the execution and delivery of a ground lease and a lease purchase agreement, approving and authorizing issuance of public project lease revenue bonds, and execution of related documents. Staff was directed to add two (2) EDA meetings to the permanent Council calendar, with one meeting scheduled annually in January, and the second meeting to be set by the EDA at the January meeting. Off Road Vehicle Ordinance, No. 201 Police Chief Schutte provided an overview of requested changes to the Off- Road Vehicle Ordinance. Council suggested additional changes and requested to review the revised ordinance at the August 26, 2004 meeting. Comments were heard from Bob MacIntyre, 6255 Hunter Road, who questioned if the intent of the ordinance was to address noise complaints or damage concerns. Council advised that the intent was to address both issues. Code Enforcement Services for City of Loretto Administrator Vergin reported that a cost analysis has been completed regarding proposed Code Enforcement Services for the City of Loretto. If the Letter of Understanding was accepted by the City of Loretto, Corcoran would Nomination for Treasurer Nomination for Secretary and Assistant Treasurer Overview of Required Actions Adopt Resolution #2004 – 63 Adjourn EDA and reconvene Council meeting Unfinished Business Execution and Delivery of Lease Adopt Resolution #2004 – 64 Schedule Regular semi-annual EDA meetings Off Road Vehicle Ordinance Public Comment Letter of Understanding with City of Loretto for CEO Services CITY OF CORCORAN CITY COUNCIL MEETING AUGUST 12, 2004 4 bill Loretto on an hourly basis for Code Enforcement Services. Council suggested that the agreement include an Administration fee not to exceed 5%. MOTION by Thomas, seconded by Lymangood, and carried unanimously to authorize the execution of the agreement for Code Enforcement Services with the City of Loretto. New Business Appointment of Election Judges MOTION Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2004 – 65, appointing Election Judges for the upcoming State Primary Election on Tuesday, September 14, 2004 and the State General Election on Tuesday, November 2, 2004, and approve payment of an hourly wage for all Election Judges and Head Judges for training and time served on Election Days. Council and Staff Reports Parks and Trails Commission Commissioner Robran reported that a subcommittee has been created to address maintenance concerns at the ball fields at the City Park. Public Works Director Meister, Kevin Dale of the Baseball Association and Commissioner Tom Anderson, will report back to the PTC on August 17, 2004. Councilor Lymangood suggested that the Parks and Trails Commission invite Eric Blank, Parks and Recreation Director, City of Plymouth, to attend a future Parks and Trails meeting, to address budgeting and funding resources available to Cities. Wastewater Commission Councilor Bucher reported that the Wastewater Commission Open House was held on July 12, 2004. Public attendance was very low. Next year’s open house will have a different focus and will likely address a revised City Ordinance and updated 7080 Rule. The commission continues their brainstorming on guidelines for repair. Largest Corcoran Developers Councilor Lymangood addressed the memorandum regarding developers in Corcoran, which stems from an article in the Star Tribune West quoting a statement that Planning Commissioner Ebert was one of the largest developers in Corcoran. City records were researched and it was found that Commissioner Ebert was not on the list of developers in the community. Council directed Administrator Vergin to contact the author of the article, apprising him of the error, and requesting a clarification, based on the information provided, copying the letter to the Council and Ombudsman of the newspaper. Rush Creek Boulevard Road Improvement Meeting Council reviewed a memo from Engineer Vander Top regarding the neighborhood meeting held with residents of Rush Creek Boulevard. In general, the residents are not in favor of the assessment project at this time. Staff was directed to notify all residents on Rush Creek Boulevard of the meeting’s outcome, including a copy of Engineer Vander Top’s memo. Authorize Execution of Agreement with Loretto New Business Appointment of Election Judges for Primary and General Elections Council and Staff Reports Parks and Trails Commission Wastewater Commission Largest Corcoran Developers Rush Creek Blvd Meeting CITY OF CORCORAN CITY COUNCIL MEETING AUGUST 12, 2004 5 Maple Grove Staff Meeting Mayor Guenthner provided a report of this meeting on July 22. Engineer Vander Top continues to work with Jerry Butcher of the City of Maple Grove and will provide an update at the August 26, 2004 Council meeting. Clarification of Crow River News Article Councilor Bucher suggested that a clarification be made regarding a past article in the Crow River News. Mayor Guenthner clarified that his comment that the City Council would not approve sewer and water to the area without 100% consensus from the neighborhood was specific only to the Appaloosa Woods neighborhood. Weed Control William E. Mason appeared during open forum on July 22, 2004, requesting assistance in eradicating a non-noxious weed in the ditch area along his property. CEO Reger reported, via memorandum, that the issue had been taken care of by City Public Works staff. 2005 – 2006 Police Officer Union Contract Administrator Vergin reported that she does not feel it necessary to contract with Cy Smythe for the 2005 – 2006 Police Officer Union Contract, unless absolution necessary, based on preliminary meetings with the Police Officer Union Steward. Further information will be provided at the Budget meeting on August 18, 2004. Planning Commission Meeting Update Councilor Gageby reported that he had received several phone calls regarding conduct at the Planning Commission meeting on August 5, 2004. Councilor Gageby commended the diligence of the Commission, but was disturbed by descriptions of comments made by Planning Commission members about Staff. Councilor Gageby, who was not present at the meeting, felt that the comments made were inappropriate, as did others on the Commission. Mayor Guenthner added that appointments to Commissions are made based on an individual’s knowledge and contributions to the greater good of the City. Councilor Thomas added that he did not have a sense that other members or staff were upset by the comments made. Councilor Lymangood suggested that all Commission Chairs be apprised of proper purpose and processes to be followed during public hearings. Mayor Guenthner offered to discuss the incident with the Planning Commission member Councilor Gageby was referring to. Lake Elmo Court Decision Councilor Lymangood reported that the City of Lake Elmo had lost their suit against the Met Council. Lake Elmo will be required to develop based on the Met Council’s Regional Plan. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the meeting at 8:42 p.m. ______________________________ Kary Tillmann, City Clerk/Treasurer Maple Grove Staff Meeting Clarification of CRN Article Weed Control 2005 – 06 Police Officer Union Contract Negotiations Planning Commission Lake Elmo Court Decision Adjournment