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HomeMy WebLinkAbout2004-12-09 Council Minutes Part 2 CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 9, 2004 1 The Corcoran City Council met on December 9, 2004 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Attorney Carson, Engineer Vander Top, Consultant Buss and Public Works Director Meister. 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 Thomas, and carried unanimously to approve the revised agenda as presented. Open Forum There were no requests from the public to speak during open forum. Consent Agenda MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the consent agenda as follows: a. Approve the November 15, 2004 Special Council Meeting Minutes as presented. b. Approve the November 18, 2004 Council Budget Workshop Minutes as presented. c. Approve the November 23, 2004 Regular Council Meeting Minutes as presented. c. Approve payment of the December 9, 2004 Claims, #4875- 4895, in the amount of $220,630.19, as presented. d. Adopt Resolution No. 2004 – 95, awarding the crop rental bids for 2005 and 2006 for the 20 acre parcel to Peter Leuer for $86.10/acre; and the 22 acre parcel to Peter Leuer for $81.10/acre. Xcel Energy Franchise Agreement Attorney Carson reported on the Xcel Energy Franchise Agreement. The current agreement has lapsed. The new agreement is proposed for a time period of 20 years, which would allow NSP/Xcel Energy to use public right- of-way and grounds in the areas where they provide service. Attorney Carson continued that he is satisfied the new agreement gives the City adequate control, yet is flexible enough to allow Xcel to meet their needs, and is recommending approval of the agreement at this time. One change from the previous agreement pertains to the posting of bonds for project. The City has discretion regarding when a bond would be required to be posted, instead of a bond being posted for each and every project the Excel completes in the City. The agreement is non-exclusive. MOTION by Thomas, seconded by Gageby, and carried unanimously, to adopt Ordinance No. 209, approving the Franchise Agreement between the City of Corcoran and Xcel Energy, authorizing the Mayor and City Administrator to sign said agreement on behalf of the City. Unfinished Business CSAH 19 -- Burschville ROW Status Engineer Vander Top was present to discuss the status of the County Road 19 Call to Order Roll call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Xcel Energy Franchise Ordinance CSAH 19 – Burschville ROW right-of-way acquisition. Present CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 9, 2004 2 on behalf of Hennepin County was Chris Svagsveen, Project Manager, and Rich Grant with the Right of Way Division. Engineer Vander Top provided a map of what properties will be affected through right-of-way acquisition. In many instances, entire parcels will not need to be acquired, only portions of properties. Vander Top further stated that Corcoran is a Municipal State Aid City, so those funds could be used towards the improvement of municipal state aid roads and County Roads. Hennepin County policy requires that project costs be split equally for this type of project. Engineer Vander Top presented two different acquisition scenarios, one identifying a required 100 foot of right-of-way at a cost of approximately $419,000, and a second identifying a reduced right-of-way acquisition at a cost of approximately $129,000. There would be significant impacts along County Road 10 if 100 feet of right-of-way was pursed as the preferred option. Chris Svagsveen, Project Manager, added Hennepin County is pursuing federal money which is available to be used towards the acquisition of right- of-way. It was noted that Parcel #93 was not included in the cost estimates presented. MOTION by Lymangood, seconded by Thomas, and carried unanimously to accept staff’s recommendation to pursue the proposed version for right -of-way acquisition for the County Road 19 reconstruction project estimated at a cost of $129,000 for the Burschville area, to include possible impacts on Parcel #93. Masica CUP conditions Discussion was held regarding the conditions identified in the CUP and Site Plan approved for Roger Masica, 23405 County Road 30 on October 28, 2004, for the operation of a Greenhouse. Condition #6 states that the existing gravel parking area must be removed and the area is to be seeded, sodded or landscaped to prevent parking in that area. Mr. Masica stated that he understood that condition to mean that there would be a significant change to the area through landscaping, fencing and plantings, so that it could not be used as a parking area, but that the gravel may be retained to be used for pedestrian walkways. Planner Lindahl had sent correspondence to Mr. Masica indicating that condition #6 had not been met in the revised plan, noting however that Mr. Masica did feel it had been met, and therefore she was recommending that the Council review the plan and intent of the condition. Mr. Masica thanked the Council for their re-consideration of this condition. MOTION by Lymangood, seconded by Gageby, and carried unanimously to reconsider condition #6 of the conditional use permit for Roger Masica for a retail/wholesale greenhouse on property located at 23405 County Road 30 and to amend it as follows: 6. The existing parking area within The 50-foot front yard setback must be removed and this area must be seeded, sodded or landscaped in a Masica CUP Conditions Amendment to Condition Re: Parking Area fashion to prevent any use of the space for parking. The plans shall be revised accordingly and resubmitted by City review and CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 9, 2004 3 approval. AUAR for Southwest District Consultant Buss presented a scope of work and cost estimate for an Alternative Urban Areawide Review (AUAR), as directed at the November 23, 2004 Council meeting. Staff is recommending that the Council use in-house and contracted staff to complete the AUAR in order to uphold the best interests of the City. Buss further stated that the cost would be between $70,000 - $100,000, depending on the study area, which would not be determined until after staff met with property owners to determine the level of interest. Engineer Vander Top added that there would be significant traffic and storm water issues to be reviewed in this area, which may require mitigation. Buss added that the AUAR would cover the entire SW district, as opposed to an EIS which is parcel specific with costs ranging from $40,000 to $70,000 per parcel. Staff was directed to schedule a meeting with affected property owners to define the parameters of the AUAR and report back to the Council for consideration of the AUAR at a later date. Hamel Volunteer Fire Department Contract Discussion was held regarding the draft contract for fire protection services between the City of Corcoran and the Hamel Volunteer Fire Department. Minor language changes were suggested for incorporation into the contract for better clarification. Councilor Lymangood and Mayor Guenthner expressed their thanks and appreciation to the Fire Advisory Committee members and specifically Chief Brandon Guest of the Hamel Fire Department. Chief Guest added that he was pleased with the contract as presented and feels that it serves the best interests of the residents of Corcoran. MOTION by Thomas, seconded by Gageby, and carried unanimously to direct the Mayor and City Administrator to execute the contract as modified. New Business Ingleside Engineering Septic Permit Compliance Attorney Carson clarified that this item was for information only and no action was being requested at this time. The Wastewater Commission has been working with a resident on a septic issue throughout the majority of 2004. A repair was completed to the septic system at 6255 Hunter Road, and the contractor, Ingleside Engineering did not pull a building permit to complete the work. Administrator Vergin sent a letter to the contractor requesting that a building permit be pulled and to date, the contractor has not complied. However, the City did receive a response from HRUA regarding the site. Discussion was held regarding notification to the State licensing authority (MPCA) due to the recurring nature of this issue with Ingleside Engineering. Mayor Guenthner added that the homeowner suffers because the contractor AUAR – SW District Hamel Volunteer Fire Department Contract Ingleside Septic Permit Compliance has failed to follow proper procedure. Councilor Lymangood added that this same issue has gone through the court system and it was found that HRUA is not pre- CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 9, 2004 4 empted from local licensing requirements. The City Code clearly states that a building permit is required for any septic repair. MOTION by Lymangood, seconded by Gageby, to refer the issue back to the Wastewater Commission at the December meeting to provide a recommendation to the City Council on how to proceed. Wastewater Commission Cossette was seated in the audience and stated that the WWC has been working with the homeowner for a considerable amount of time. The Commission had directed the homeowner to investigate, with his contractor, the problem with the septic system, with the understanding that a permit would be required once a solution was determined. Building Inspector Kohnen stated that he had requested MPCA to review this type of work in an effort to determine if a permit is necessary. The MPCA responded that a permit is required. SUBSTITUTE MOTION by Lymangood, seconded by Gageby, and carried unanimously to instruct City Staff to draft a letter to Ingleside Engineering and reiterate the City’s position regarding the need for a building permit for the septic repair, including correspondence from the MPCA stating the same, requesting a response by December 30, 2004, and copying the letter the MPCA and the homeowner. Inspector Kohnen, who serves on the Wastewater Commission, further stated that the WWC is not interested in pursuing legal action against the contractor, but merely wants him to follow the rules and pull a permit for the repair so that there is proper documentation of what was completed and the repair can be monitored appropriately. Council and Staff Reports Planning Commission Councilor Gageby reported that the Planning Commission reviewed a number of sketch plans at the meeting on December 2, including the Hedgestone Development. The Commission also discussed the accelerated schedule requested by Laurent Development for this plan and it was reiterated that even though the Commission and Council were willing to accommodate the requested schedule, City standards would not be compromised in order to grant approval. Public Works Annual Report Public Works Director Meister provided a report of activities and projects completed by the Public Works Department in 2004. Council suggested that the Public Works Department provide such a report on a quarterly basis, similar to the Home Occupation report, so that issues can be addressed in a more timely manner if necessary. It was also suggested that Public Works meet with the Parks and Trails Commission in the near future to address projects and maintenance at the City Park. Reports Planning Commission Public Works Year End Steve Kohnen, 23240 County Road 30, questioned that strength of the two dust control applications, further stating that he feels maybe CITY OF CORCORAN CITY COUNCIL MEETING DECEMBER 9, 2004 5 the concentration is too high for the second application because the roads get slimy after it rains. Public Works Director Meister stated that the 2 nd application is not as strong as the first. If the second application is weaker than .20, which is what it is currently, then there is a risk that the roads will create a considerable amount of dust. Soaking rains, such as what has occurred over the last several days, is what causes the roads to get slimy. It was suggested that the appropriate time to express resident concerns about the dust control program would be at the public hearing in the spring. MOTION by Bucher, seconded by Thomas and carried unanimously to adjourn the meeting, 8:32 p.m. Respectfully submitted, Kary Tillmann _________________________________ Susan Vergin, City Administrator Public Comment – Dust Control Adjournment