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HomeMy WebLinkAbout2004-10-14 CouncilMinutes CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 1 The Corcoran City Council met on October 14, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk Tillmann, Police Chief Schutte, Code Enforcement Officer Reger, Attorney Carson, Engineer Vander Top, and Consultant Buss. Mayor Guenthner called the meeting to order at 7:01 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: • Proposal regarding support for overseas service personnel -- Lymangood Presentation – ISD #883, Kristin Anderson, Superintendent Kristin Anderson, ISD #883 Superintendent, provided an overview of the levy referendum questions for the Rockford School District on the November 2, 2004 ballot. She advised that the referendum would help maintain reasonable class sizes, preserve programs services throughout the School District, reinstate teaching positions that had previously been cut and reduce academic and athletic program fees. Ballot Question #1 must be approved by a majority of the voters in order for the remaining three questions to be approved. If all four questions were approved, it would result in an increase of approximately $22.38 per month on a home with a total market value of $200,000. Corcoran City Hall is a polling place for ISD 883. Reports – John Baker, Attorney, LMCIT John Baker, Attorney, LMCIT, provided an update on two court cases questioning the authority of local governments to regulate ISTS. On September 28, 2004, the State of Minnesota Court of Appeals filed a decision affirming Carver County’s position. On October 1, 2004, Hennepin County District Court issued a summary judgment dismissing the suit in the matter of the Headwaters Rural Utility Association v. the City of Corcoran et.al. Attorney Carson added that the enforcement actions against the property owners were scheduled for trial on October 4, 2004; however a hearing was heard earlier today. Attorney Carson reported that he advised the Court to drop the need for a trial based on the outcome of the two cases reported on by Attorney Baker. Councilor Lymangood suggested that the City make the court documents available to residents at a reduced cost, create a link on the City’s website to the Court of Appeals decision, and include it in the City’s newsletter. He continued that the expense of the City’s defense reached in excess of $100,000, which will count against the City’s insurance rating through the League of Minnesota Cities. MOTION by Lymangood, seconded by Gageby, and carried unanimously to discuss HRUA activities within the City of Corcoran and associated costs of Call to Order Roll Call Pledge of Allegiance Agenda Approval Presentation – ISD #883 Reports – John Baker, LMCIT CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 2 the suit as an agenda item for the October 28, 2004 meeting agenda. MOTION by Lymangood, seconded by Gageby and carried to make 20 copies of the court decisions available to the public at a reduced cost of $2.00 per copy, to be made by the City Office volunteers, so no additional cost is incurred by City staff. Roll call: Bucher, naye, Gageby, aye, Guenthner, naye, Lymangood, aye, Thomas, aye. Motion carried. Open Forum There were no requests from the public to speak during open forum. Consent Agenda MOTION by Gageby, seconded by Thomas, and carried unanimously to approve the consent agenda, with the exception of item g., as follows: a. Approve the Regular City Council meeting minutes of September 23, 2004, as presented. b. Approve payment of the October 14, 2004 Claims, #4662 - 4706, in the amount of $211,409.63, as presented. c. Schedule the City Canvassing Board meeting for Thursday, November 4, 2004 at 6:30 pm. to canvass election results for the November 2, 2004 municipal election. d. Adopt Resolution #2004 – 84, approving a conditional home occupation license for Greg Gunderson, for the operation of a car and general repair business called Imperial Auto Repair at 6300 Horseshoe Bend Drive, as recommended by staff and the Home Occupation Commission, based on the findings of fact on file with the City Clerk’s Office, with the following conditions: 1. The CHOL is issued to Greg Gunderson, at 6300 Horseshoe Bend Drive, and is not transferable. 2. No advertising signage for the business is permitted on site or off site. 3. All business related vehicles shall be kept within the garage. 4. Business hours shall be limited to 9:00 a.m. to 5:00 p.m., Monday through Friday. 5. The applicant shall abide by, and remain in compliance with all applicable Federal, State, and City rules and regulations. 6. The City will review this license every three years from the date of issuance for a determination that the existing Home Occupation still warrants the issuance of a license. 7. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications of the license. e. Adopt Resolution #2004 – 85, approving a request by Charles Cudd, LLC, for a final plat amendment for Summerhill, as recommended by Staff, and that the development agreement shall be completed by the City Attorney, and the Mayor and City Administrator be authorized to execute the development agreement on behalf of the City, with the following conditions on file with the City Clerk’s Office. Approve reduced cost public copies Open Forum Consent Agenda CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 3 1. A final plat is approved to create 15 lots in accordance with the plans and application received by the City on September 27, 2004, except as amended by this resolution. 2. This final plat resolution replaces Resolution 2004-75 approving the final plat for Summerhill. 3. The development agreement must be executed by the developer and the City prior to release of the final plat. 4. The HOA documents must be approved by the City Attorney and filed with the final plat. 5. Development standards shall be according to the preliminary plat and conditional use permit approvals granted by the City Council on July 22, 2004. 6. The developer must comply with all conditions of preliminary plat (Res. 2004-59a) approval and conditional use permit (Res. 2004-59b) approval. 7. The open space conservation easement must be filed with the final plat at Hennepin County. 8. The trail easement documents must be provided for City staff review prior to release of the final plat. The approved easements must be filed with the final plat. 9. Drainage and utility easements must be provided over and across all wetlands and must be shown on the final plat with the delineated wetland. 10. Park dedication shall be due prior to release of the final plat (15 x $6000 = $90,000.00). 11. Following completion of the boardwalk, the developer may submit a written request to the City for reimbursement of the boardwalk costs up to $10,000.00. The City Engineer shall inspect the boardwalk for compliance with City standards prior to recommending that staff refund the cost of the boardwalk from the park dedication funds. 12. The Developer shall comply with all requirements from the City Engineer. 13. The plat must be provided in an electronic format. 14. The applicant must file the final plat at Hennepin County. f. Adopt Resolution #2004 – 86, approving a variance for Dave and Judy McStott, property located at 8040 Ridge Court, as recommended by staff and the Planning Commission, based on the following findings and conditions: 1. The variance to allow an 82-foot front yard setback where 100 feet is required is approved in accordance with the revised plans submitted September 15, 2004, and application received by the City on August 18, 2004, based on the following findings: a. The particular physical surroundings, location of the wetland, shape and topographical conditions of the parcel, with the strict enforcement of the regulations result in a hardship if the variance is not granted. CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 4 b. The granting of the variation would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The proposed front yard setback is consistent with the setbacks in the adjacent Appaloosa Woods development. c. The proposed variation would not negatively impact surrounding properties or endanger any public safety. d. The variance is needed to make this lot buildable prior to available of municipal sewer and water. 2. The revised plans submitted September 15, 2004, identify the septic tank with a 10-foot setback from the single family home. This setback must be field verified. 3. Access will be allowed via the existing private driveway easement. This easement will be improved as a public street when municipal sewer and water are extended. 4. The developer is required to sign an assessment waiver to pay their share of future street and utility improvements. The assessment waiver is to appeal the future assessment, not the costs involved with the assessment. The assessment waiver must be signed by the applicant prior to issuance of a building permit. 5. A building permit is required prior to construction of the new single family home. Consent Agenda Item 6.g. Discussion was held regarding Consent Agenda 6.g. Resignation of City Clerk/Treasurer Tillmann. The Council stated that they regret having to accept Clerk Tillmann’s resignation, and thanked her for her excellent service to the City over the past 2 ½ years. MOTION by Lymangood, seconded by Thomas, and carried unanimously to accept the resignation of Clerk/Treasurer Tillmann, effective November 5, 2004. Home Commission Business CHOL – Tom and Michelle Spiczka – Vino Sisters Discussion was held regarding the Conditional Home Occupation License Application submitted by Tom and Michelle Spiczka for the Vino Sisters. CEO Reger reported that this application was considered at the September Home Occupation Commission Meeting. The applicants have requested reconsideration of the CHOL designation, due to the seasonal nature of their business. Comments were heard from the applicant, Tom Spiczka, 9103 Cain Road, who commented that CEO Reger and Administrator Vergin have worked closely with them throughout this process and have been extremely helpful. The applicants feel that the CHOL designation of their business is more stringent than it needs to be, as their business is open 4 weekends per year, both in the spring and fall. They don’t feel that they are much different than the farmer who sells vegetables at CR 30 and CR 116. Mr. Spiczka also expressed concern about their signage. Without being permitted to have Consent Agenda Item 6.g. Approve Consent Agenda Item 6.g. Home Occupation Business Vino Sisters Home Occupation Public Comments Tom Spiczka, 9103 Cain Road CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 5 signage their customers will not be able to find them. Administrator Vergin clarified that the Home Occupation Ordinance does not allow signage, whereas Vino Sisters had previously been allowed signage under the sign ordinance as temporary signs. Mr. Spiczka added that they typically put up their signs on Thursdays, and take them down on Sundays. MOTION by Gageby, seconded by Thomas, and carried unanimously to table consideration of the Vino Sisters Home Occupation application until October 28, 2004, and directed staff to provide information regarding signage regulations as it relates to Home Occupations and temporary signs. Mayor Guenthner declared a recess at 8:07 p.m. and reconvened the meeting at 8:12 p.m. Unfinished Business Hennepin County Sheriff’s Department Proposal for Services Hennepin County Sheriff Pat McGowan was present to discuss a proposal for part-time patrol services by the Sheriff’s Department within the city limits of Corcoran. McGowan reported that for the past 10 years during his time as Sheriff, the HCSO has been providing patrol and emergency response to Corcoran. Sheriff McGowan feels that it is appropriate for the City to compensate the County for a portion of this patrol time as they feel they are providing more and more service to the City to cover when the Police Department does not have an officer in service. Sheriff McGowan and his staff have corresponded and held meetings with City Staff and elected officials over the past four months to try and resolve this issue. The Sheriff proposed contracts for four, six or eight hours of County patrol coverage per day. Chief Schutte added that the Sheriff’s coverage percentage are not entirely accurate because often times, he (Chief Schutte) is in the office fulfilling administrative duties, but may not be logged onto the CAD system. Councilor Gageby questioned if there were other cities in Corcoran that the HCSO provided service for uncompensated. McGowan answered that the County provides approximately 25% of the coverage in the City of Dayton and does not receive compensation for that coverage. The Sheriff’s Department also provides dispatch, investigative, and crime lab services to all Hennepin County communities at no charge. He further stated that if Corcoran contracted for service, they would provide coverage, at no charge, for times when Corcoran officers are not in service due to illness or training. Councilor Lymangood questioned the possibility of a quarterly contract period, as opposed to the annual contract proposed by HCSO. McGowan stated that he was open to exploring that possibility, but would prefer a six- month contract period for ease of scheduling. He further stated that if there was a contract, he would guarantee a County car would be physically within Corcoran for the contract hours. Right now, County cars are either in Corcoran or the surrounding area when Corcoran Officers are not in service. Chief Schutte updated the Council on the hiring process that the City is following for the hiring of the full-time officer and also outlined a proposal to Table consideration of Vino Sisters Home Occupation Recess Unfinished Business Hennepin County Sheriff’s Department Proposal CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 6 increase Corcoran Police coverage in the City. The officer schedule has been rearranged, and the Chief will be logged into CAD to cover more daytime shifts until the end of the year, at which time the new officer should be hired. This will give approximately 70 % coverage by Corcoran. The new officer should be road ready by March 1. The Chief also proposed hiring three seasoned officers on a part-time basis, which would bring the amount of coverage provided by Corcoran officers to approximately 80% or more. Typically, there is a gap in coverage between 2 – 6 a.m. Council agreed to further discuss and analyze the budget impacts at the Budget workshop on October 21, 2004. Staff was also directed to review the schedule to determine hours that the Chief could be available for patrol service. The following public comments were heard: Roger Masica, 23405 County Road 30 -- He appreciates the service currently provided by Hennepin County. He questioned if the addition of one full-time officer in Corcoran would increase the city coverage to 80%. Masica suggested that Council consider a full-time Administrative Assistant in order to allow the Chief to patrol more frequently. Dave McStott, 8040 Ridge Court – He feels that the Chief and the Sheriff understand the numbers and figures and should be able to make a recommendation that is appropriate for the community. Mayor Guenthner declared a recess at 9:37 p.m. and reconvened the meeting at 9:43 p.m. Hiring Process for Police Officer Chief Schutte reported that the City has received approximately 100 applications for the Police Officer position, which closes at 4:00 p.m. on Friday, October 15, 2004. Applicants will evaluated on Tuesday, October 19, 2004, by current officers to determine candidates that will be invited for interview. Parks and Trails Business Park Dedication for Higher Density Consultant Buss was present to update the Council on activities of the Park and Trails Commission relating to park dedication fees for higher densities. Staff is recommending that the revised ordinance reflecting this change be considered in December when additional updates to the ordinance are considered by the Council. Council directed Staff to proceed with the ordinance revision, working with the City Planner for consideration in December, 2004. Woodland Preservation Ordinance Consultant Buss advised that the Parks and Trails Commission was looking for Public Comments Roger Masica, 23405 CR 30 Dave McStott, 8040 Ridge Ct Recess Police Officer Hiring Process Parks and Trails Business Park Dedication for Higher Density Woodland Preservation Ordinance CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 7 direction regarding Council’s preference for offering incentives for preservations, or a more regulatory approach. Council suggested that the ordinance provide enough incentives so that regulation wouldn’t be necessary. No action taken. New Business Council agreed by unanimous consensus to table consideration of Item 10.b. until a future meeting. Comp Plan Amendment – City of Medina. Administrator Vergin reported that the City of Medina’s comp plan amendment request was being considered by the Met Council on October 27, 2004. Engineer Vander Top reviewed a draft letter he had prepared to the City of Medina regarding the proposed amendment. Council suggested minor modifications to the letter. Council agreed by unanimous consensus that Engineer Vander Top is to revise the letter for review by the Mayor prior to sending to the Met Council early next week. Administrator Vergin also advised that Medina Administrator Adams and Robin Caufmann of the Met Council are both aware that Corcoran would be sending comments via letter prior to the October 27 hearing. Mayor Guenthner declared a recess at 10:16 p.m. and reconvened the meeting at 10:24 p.m. Clerk/Treasurer Position Administrator Vergin reported that the Clerk/Treasurer vacancy will be posted next week. A part-time Administrative Assistant had been included in the 2004 and 2005 budget and Vergin would like to fill that position at this time with one of the City Hall volunteers. Clerk Tillmann can provide training on some duties prior to her last day, to allow for a more seamless transaction of business until a new Clerk/Treasurer is hired. No objections were made by the Council. Council and Staff Reports Charter Commission Councilor Lymangood reported that the Charter Commission met on September 27, 2004. There were no members of CUT present at the meeting. The next Charter Commission meeting is scheduled for December 6, 2004 at 6 p.m. Councilor Lymangood further added that if he is elected Mayor in the November election, he will resign from the Charter Commission. Recycling Services Administrator Vergin provided an update on recycling services in the commercial area. EZ Recycling will pick up cardboard from commercial businesses provided that it is bundled appropriately. The City has also contacted a cardboard recycling company, where businesses can bring cardboard, similar to aluminum can recycling. Staff will send a letter to Corcoran businesses with this information. Table Consideration of Item 10.b. City of Medina Comp Plan Amendment Recess Clerk/Treasurer Position Council and Staff Reports Charter Commission Recycling Services CITY OF CORCORAN CITY COUNCIL MEETING OCTOBER 14, 2004 8 County Road Intersection Improvements Staff reported that Hennepin County cannot accept the language added by the City requesting a cap on the ROW costs at $2,500,due to their cost sharing policy.. However, Hennepin County has reiterated that it is extremely unlikely that the City’s cost for right of way will exceed that amount. There are additional wetland issues with the project, and it is possible that no improvements will be done this year. Support for overseas service personnel Councilor Lymangood suggested a community project to support overseas service personnel from Corcoran. He suggested local churches and service organizations consider “adopting” a service member or service unit with ties to Corcoran and support them through care packages from residents and community groups. Councilor Lymangood will draft an action plan for review at a future meeting. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 10:42 p.m. Prepared by: Kary Tillmann, City Clerk/Treasurer ________________________________ Susan Vergin, City Administrator County Road Intersection Improvements Support for Overseas Service Personnel Adjournment