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Home My WebLink About2003-01-09 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 1 The City Council met in regular session on January 9, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Engineer Vander Top, and Attorney Carson. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. City Administrator Vergin administered Oaths of Office for Mayor Guenthner and Councilors Lymangood and Thomas. MOTION by Bucher, seconded by Lymangood and carried unanimously to approve the agenda with the following additions: • Update on Milow Electric Project • Discussion on letter to Ingleside Engineering • Update on police services in Maple Hill Estates • Discussion on meeting process during New Business • Discussion regarding Met Council goals and objectives regarding Comp Plan • Discussion regarding appointment of Financial Institutions for City Business Open Forum – There were three requests by the public to speak during open forum. John Hausladen, 9520 Fox Valley Drive – Is applying for an open seat on the Met Council representing Region 1. Requesting a letter of support from the City of Corcoran to send with his application to the State Governor’s Office. Provided an overview of his background. Mayor Guenthner expressed concern about the City endorsing a potential candidate without having discussions with Mr. Hausladen. Encouraged Hausladen to meet with Council members or members of the community individually if desired for a personal endorsement Ken Streeter, Streeter Companies – Regarding Mama G’s redevelopment. Discussed a potential issue with the access road to Mama G’s curving off of County Road 30. Would like to straighten the road out and possibly add an additional lot. This issue will be added to the Council agenda for discussion on January 23, 2002. Mike Brady -- Attended the White House Conference on Faith Based Initiatives in December 2002. Provided information regarding Federal grant programs available to organizations to help people in need. MOTION by Bucher, seconded by Lymangood and carried unanimously to approve the consent agenda as follows: 5.a. Approve the Regular City Council minutes of December 12, 2002, as presented. 5.b. Approve the TIF Public Hearing Minutes of December 19, 2002, as presented. 5.d. Set the Local Board of Review Meeting for Thursday, April 10, 2003, during the Regular City Council Meeting. Call to Order Roll Call Pledge of Allegiance Oaths of Office Agenda Approval Open Forum John Hausladen Ken Streeter Mike Brady Consent Agenda Approval CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 2 Discussion was held regarding item 5.c of the consent agenda. Councilor Lymangood questioned donations to the Hamel and Loretto Fire Departments. Advised that the Corcoran Lions donated $2,500 to each department. In this case, the funds were given to the City to disperse, which was included with the fourth quarter fire service payment. Councilor Lymangood acknowledged the generous donation from the Lions and expressed his gratitude for their donation. Questioned claim #3430, Monticello Floral and Gifts, for purchase of sympathy flowers. Felt it is an inappropriate use of City funds, in light of the State Auditor’s Report on the City of Brooklyn Park. Administrator Vergin advised that they were ordered to acknowledge a death in a neighboring Police Department. MOTION by Lymangood, seconded by Bucher, and carried unanimously to approve consent agenda item 5.c. as follows: 5.c. Approve claims #3371 – 3432, with the exception of #3430 (Monticello Floral and Gifts), in the amount of $196,596.20. Planning Applications Lawn Detailers, Inc. Administrator Vergin provided an overview of Lawn Detailers Application for Moratorium Exemption. The application is for the property located at Lot 3, Block 1 Park Place Storage Second Addition (Park Place Storage Plat 2, PID #31 - 119-23-31-0057) consisting of approximately 5.875 acres. The site is zoned C-2 General Business and guided Business Park/Light Industrial by the Comprehensive Plan. The submitted plan proposes a division of the existing lot to house two lots consisting of 2.35 acres and 3.53 acres. The Planning Commission recommended denial of the application. The applicants have indicated that they intend to pull the application from consideration, but have not made a formal request of this. MOTION by Thomas, seconded by Bucher, and carried unanimously to deny the application submitted by Lawn Detailers, Inc. for moratorium exemption as recommended by staff and the Planning Commission. Unfinished Business Werder Agreement Mayer Guenthner provided an overview of the proposed agreement for Jon and Sheila Werder regarding their request for a variance. The agreement has changed since original discussion took place. The biggest issue pertains to the conveyance of the agreement upon sale of the property. The Werders would like the agreement to remain in effect if they were to sell the property, which would be considered non-conforming if the variance were granted. Comments were heard from Jon Werder, 23160 Meadowview Circle – stated that they thoroughly researched the property before purchasing, which included coming to City Hall for information. City records were incorrect at the time. Approve Consent Agenda Item 5.c Lawn Detailers Planning Application Deny Lawn Detailers Planning Application Werder Agreement CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 3 Feels that what they are asking for is a small gesture to rectify an unfortunat e situation. Feels that the main issue is the transfer upon sale of the property. Mrs. Werder added that they have concerns about the fees associated with the variance request and indicated that they were not aware that they would be responsible for any planning, engineering, or legal fees. Mayor Guenthner advised that he was unaware of what the fee structure was when he and the Werders met privately. MOTION by Thomas, seconded by Bucher, to approve the agreement between the City of Corcoran and Jon and Sheila Werder, with the amendment to item #4 of the agreement, including striking the word “not” and the words “upon sale or transfer of property shall conform to all the then existing subdivision and zoning requirements.” Councilor Lymangood offered a friendly amendment to the motion on the floor. MOTION by Lymangood, seconded by Bucher, and carried unanimously to amend the main motion to include a revision to item #5 of the agreement, changing the words “one year” to “12 consecutive months”. Roll call on the main motion as amended to approve the agreement with Jon and Sheila Werder: Bucher, aye; Gageby, naye; Guenthner, aye; Lymangood, aye; Thomas, aye. Motion carried. Chester Barton Estates Feasibility Study Engineer Vander Top provided information regarding a feasibility study conducted for Chester Barton Case Estates. The feasibility study was being presented to promote discussion regarding the potential road project. The feasibility report presents the following three options for the city. The residents can develop a Homeowner’s Association and take over maintenance of the road; the City can take over and pave to current City standards; or the City can improve the road to current gravel standards. Each option has costs associated, whic h are outlined in the report. Council feels that the most cost effective option if the City takes over the road is to pave it to current standards. Council needs to balance the needs of the eight residents with the financial burden that would be placed on all taxpayers. Favor the creation of a Homeowner’s Association. Attorney Carson advised there must be 100% agreement from residents to form a Homeowner’s Association. Comments were heard from the following residents: Neil Anderson, 23872 Pioneer Trail, Loretto -- Was under the impression that there was a driveway agreement with the City and that the residents actually owned the road. Maika Johnson, 23850 Pioneer Trail, Loretto -- Many families could not afford the cost of improvements. Most agree to the formation of a Homeowner’s Association. Approve Werder Agreement with amendment Amend motion Chester Barton Estates Feasibility Study Public Comments CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 4 Mark Johnson, 23850 Pioneer Trail, Loretto -- The costs of assessment has increased since the initial meeting with residents. Feels that paving the road would not be the best expenditure of City taxpayer money. Recommends a neighborhood meeting to determine consensus for Homeowner’s Association and notify City of their decision. Attorney Carson advised that the City got involved because they did not want to see an outsider purchase the outlot. Suggested that the neighbors meet to discuss their options. There is no pressure to make a quick decision. Hennepin County is not taking any immediate action. MOTION by Lymangood, seconded by Thomas, to accept the feasibility study and express the City’s appreciation to staff for completing the study and to take no action on the City’s options until such time as a consensus is reached by the neighbors and that consensus is communicated to the City. Roll call: Bucher, aye; Gageby, naye; Guenthner, aye; Lymangood, aye; Thomas, aye. Motion carried. Mayor Guenthner called a recess at 8:42 p.m. and reconvened the meeting at 8:49 p.m. PUD Draft Ordinance Discussion was held regarding a draft PUD ordinance. Staff is looking for feedback from Council on the draft ordinance. A public hearing will be held before the Planning Commission on February 6, 2003, with a recommendation before the Council on February 27, 2003. Extensive discussion was held regarding the draft ordinance, and how general or specific the ordinance needs to be. Council felt that the draft was a good start and suggested a workshop to redraft and redefine into an appropriate ordinance. Attorney Carson advised that there is no longer an immediate need for the PUD ordinance because the situation that prompted it no longer exists. The application by Milow Electric cannot be solved by a PUD. With that, the Council chose to lay the matter over and not take any additional action at this time. NPDES Phase II Engineer Vander Top provided an update on the NPDES Phase II MS4 Permitting process. Advised that Bonestroo, Rosene and Anderlik are proposing to prepare the permit on behalf of the City of Corcoran and outlined costs associated with the process. Council directed staff to prepare a letter to the City’s Congressional delegation for review at the next Council meeting. MOTION by Lymangood, seconded by Bucher, and carried unanimously to proceed with the preparation of Stage 1 of the LMC NPDES Phase II MS4 Guide Plan permit. Accept feasibility study PUD Draft Ordinance NPDES Phase II Permit Prepare Stage I Permit CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 5 New Business 2003 Appointments Councilor Lymangood advised that he would remove himself from discussion pertaining to item #22 of the City appointments – Financial Institutions, as he is employed by Salomon Smith Barney. Discussion was held regarding the composition of the Planning Commission. Council would like to re-structure the Commission to be made up of six voting members, two alternate members and one City Council representative. Staff will prepare an amendment to the Municipal Code for consideration at the January 23, 2003 Council meeting. Discussion was held regarding appointments to the Waste Water Commission. Due to the large number of applicants, Council would like to remove Commissioner Kohnen from the Waste Water Commission because he also serves on the Planning Commission. Council feels that Commissioner Kohnen is a productive member of both committees, and he is best utilized on the Planning Commission. Recommended appointing Charles LaBerge as a regular member and Thomas Cossette and Gordon Koehler as alternate members of the Waste Water Commission. Discussion was held regarding appointments to the Home Occupation Commission. Council felt it would be appropriate to appoint a new alternate to the HOC instead of Diane Walli, as she currently serves on the Planning Commission. Directed staff to contact other applicants for interest in serving on the Commission. MOTION by Gageby, seconded by Thomas, and carried unanimously to adopt Resolution #2003-01, approving annual appointments with the exception of the appointment of financial institutions, for the City of Corcoran, as presented. MOTION by Thomas, seconded by Bucher, to adopt Resolution #2003-01a, approving the appointment of financial institutions for the City of Corcoran, as presented. Roll call: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, abstained; Thomas, aye. Motion carried. Meeting Process Mayor Guenthner advised the Council on appropriate meeting process for City business, following Roberts Rules of Order. Suggested that Council adopt a specific version of Roberts Rules of Order for the conduct of City business. No action taken. 2003 Goals and Objectives Discussion was held regarding the list of 2003 Goals and Objectives prepa red by staff. Council questioned what would need to be added due to the NPDES permitting process. Suggested that goals and objectives be reviewed quarterly to gauge progress. Requested a meeting between Mayor Guenthner, staff, and Engineer Vander Top to further review 2003 Goals and continue discussion at the January 23, 2003 Council meeting. Planning Commission Waste Water Commission Home Occupation Commission Adopt Resolution #2003-01 – Annual City Appointments Adopt Resolution #2003-01a – Appointment of Financial Institutions Meeting Process 2003 Goals and Objectives CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 9, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Scanned in Laserfiche\01.09.03 Council Minutes.doc 6 Discussion was held regarding dissemination of information to the public and adopting a more formal communications plan. No action taken. Fee Schedule MOTION by Lymangood, seconded by Bucher, and carried unanimously to adopt the 2003 Fee Schedule for the City of Corcoran as presented. Reports Code Enforcement Officer Administrator Vergin provided an overview of Code Enforcement activities since Mr. Reger was hired in September 2002. Feels that the addition of Mr. Reger has been a benefit to the City. His current duties include enforcement of City code and review of Home Occupation applications. Council requested monthly reports from Enforcement Officer Reger and requests that a list of priorities developed. Mayor/Council Brief discussion was held regarding a letter from the Met Council pertaining to the Comprehensive Land Use Plan. Council requested clarification on item G, regarding the monitoring of plats Council questioned if the issue pertaining to police coverage in Maple Hill Estates has been resolved, and if we have communicated to the resident that the City police department is required to respond to calls in Maple Hill Estates. Directed staff to respond and report to the Council. Councilor Gageby advised that a meeting had been held between staff, council representatives and Milow Electric regarding their planning application. The current site is not viable for what they want to do and the City is exploring options for alternative locations. Milow has requested additional information from staff. Councilor Gageby was designated as the City Council representative to attend the February 6, 2003 Planning Commission meeting. Councilor Lymangood requested that discussion regarding the letter to Ingleside Engineering be placed on the next City Council agenda. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 10:24 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Adopt 2003 Fee Schedule Code Enforcement Officer Report Mayor/Council Reports Adjournment