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HomeMy WebLinkAbout2003-01-23 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 23, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\01.23.03 Council Minutes.doc 1 The City Council met in regular session on January 23, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Engineer Vander Top, Attorney Carson, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Lymangood and carried unanimously to approve the agenda with the following additions: • Update on Rush Creek Flooding • Schedule workshop to discuss 2003 Long Range Goals and Objectives • Pull review of 2002 Year End Financial Report Open Forum – There was one request from the public to speak during open forum. Jim Bullert, 6900 Old Settlers Road – Speaking on behalf of the Wastewater Commission, of which he is the Chairperson. The WWC is concerned about Loren Kohnen not be reappointed to the WWC. Feels that Kohnen is a valuable asset to the Commission because he is a licensed septic inspector and has a wealth of knowledge about septic issues. WWC would like him to attend meetings. Asking Council to facilitate that in some way, either by reappointment or as a staff person. Mayor Guenther asked that this item be placed on the next Council meeting agenda for discussion. Councilor Lymangood will attend the February 10, 2003 Wastewater Commission meeting. MOTION by Bucher, seconded by Lymangood and carried unanimously to approve the consent agenda, with the exception of items 5.a. and 5.e., s follows: 5.b. Approve claims #1001 – 1068, in the amount of $89,641.10, as presented. 5.c. Approve the City of Corcoran Capital Improvement Plan, as presented. 5.d. Adopt Resolution #2002-03, accepting a Snowmobile Safety Enforcement Program Grant in the amount of $1,500.00 from the Minnesota Department of Natural Resources, effective July 1, 2002 through June 30, 2003. 5.f. Authorize the release of the letter of credit for Ebert Construction for Lot 3, Block 2 Countryside Plaza, in the amount of $25,000, as recommended by staff. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve item 5.a. of the consent agenda as follows: 5.a. Approve the Regular City Council meeting minutes of January 9, 2003, as amended. MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve item 5.e. of the consent agenda as follows: 5.e. Authorize staff to send letters to the City of Corcoran’s Congressional Delegation, regarding NPDES Phase II MS4 Permits, as amended. Call to Order Roll call Pledge of Allegiance Agenda Approval Open Forum Jim Bullert – Wastewater Commission Appointments Consent Agenda Approval Consent Agenda Item m 5.a. Consent Agenda Item 5.e. CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 23, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\01.23.03 Council Minutes.doc 2 Law Enforcement Employees Union Contract George Gmach, Negotiation Committee, was present to discuss the proposed Labor Union Agreement between the City of Corcoran and Law Enforcement Employees. Gmach advised that the Police Officers have given a verbal approval of the contract to Administrator Vergin. Most notable change in the contract language pertains to longevity pay, life insurance, and donation of sick time to Long Term Disability premiums. MOTION by Bucher, seconded by Thomas, and carried unanimously to accept the Labor Agreement between the City of Corcoran and the Law Enforcement Labor Union Employees as presented, effective January 1, 2003 through December 31, 2004. Presentations Facility Committee Report George Gmach and David Andersen, Facility Committee members, presented a report on the proposed Police Department Expansion Project. The purpose of the committee was to project out police department needs and space requirements to best serve the city in the future. Data was compiled comparing the City of Corcoran to a number of different police departments based on pre-determined criteria, such as projected population growth, staff needs, city services, and budgetary constraints. Further discussion will be held during the March 27, 2003 City Council meeting. Elm Creek Watershed Second Generation Plan Andi Moffet, WSB Engineers, was present to provide an update on the Elm Creek Watershed Second Generation Plan. The plan is required by state statute to be developed by Watershed Commissions. The draft plan is currently in the second comment phase, with comments due by February 10, 2003. The City has received a copy of the draft plan for review. Once the comment period is over, the plan will undergo another revision based on comments received and then will be reviewed by the Board of Water and Soil Resources, with final adoption by Watershed Commissions in mid-to late summer. Comments were heard from Dennis Stieg and Fred Moored, ECWSC Board members. The plan lists projects to be completed cooperatively between affected communities. The City cannot be forced to complete any project. No action taken. Planning Applications Hamann Land Division Administrator Vergin provided an overview of the application submitted by Gary and Char Hamann for a land division by metes and bounds. The request is to divide a triangular parcel consisting of approximately 11.13 acres and 10.58 acres from a 116.12-acre parcel owned by Donald and William Kienitz. The property is zoned R-1 Rural Residential and is located west of Trail Haven Road and east of Strehler Road. There are currently four building rights remaining on the 116.12- acre parcel, which would be reduced to three if the land division were approved. Approve Law Enforcement Labor Union Contract Facility Committee Report Elm Creek Watershed Second Generation Plan Hamann Land Division CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 23, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\01.23.03 Council Minutes.doc 3 MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2003-03, approving the land division request submitted by Gary and Char Hamann for Parcel ID #21-119-23-13-0003 owned by Donald Kienitz, with conditions. Unfinished Business Mama G’s Schedule Administrator Vergin advised the Council that a meeting has been scheduled between the Cities of Maple Grove and Corcoran for Monday, February 3, 2003. A meeting between the Councils of the two cities will be scheduled after the initial staff meeting takes place. Engineer Vander Top advised that the City of Maple Grove is currently reviewing feasibility for Delgany 1st Addition, which is east of the Mama G’s site. Advised that status of the project is currently at December 12, 2002 on the timeline and the City is not in a position to modify the project schedule until after meeting with Maple Grove. Comments were heard from Ken Streeter, Streeter Companies – Feels that it is important that Corcoran and Maple Grove meet to discuss this project and doing it right (regarding sewer and water, etc.). is more important than completing the project quickly. Questioned how much capacity would be asking for from Maple Grove. Councilor Lymangood suggested that Hennepin County Transportation Staff be invited to the meeting as well. No action taken. Septic Systems – Rolling Hills Road/Ingleside Councilor Lymangood addressed correspondence between Ingleside Engineering, Metro West Inspections and other agencies pertaining to HRUA septic permits for two sites on Rolling Hills Road and shared the following concerns: 1. Property owners of the two sites were not copied on any correspondence. Questioned if these homeowners were aware of what is happening with their properties, and if they are not aware, they should be notified. 2. MPCA letter states that an above ground system should have been installed at these sites. Both systems are underground. 3. Appropriateness of “after the fact” permit applications and the City’s denial of said applications. 4. Per HRUA quarterly reports received by MPCA, HRUA has not completed the legal requirements for water quality co-ops and indicated that they do not have any members, only prospects. 5. What is the City’s responsibility in this matter, as the MPCA is requesting status information on the situation? Discussion continued regarding the city’s responsibility to provide a technical reason for the denial of the permit as requested by Ingleside. Councilor Lymangood feels the proper response to their application, which was denied by the City, should include that our ordinance requires that a permit be obtained prior to work commencing and the permits were obtained after the fact for a standard system, which was not installed. It was recommended that the League of Minnesota Cities also be notified in light of the regulatory burden placed on the City of Corcoran in case other cities have the same or similar issues or concerns. Adopt Resolution #2002-03 – Hamann Land Division Mama G’s Development Schedule Septic Systems – Rolling Hills Road/Ingleside Engineering CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 23, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\01.23.03 Council Minutes.doc 4 MOTION by Lymangood, seconded by Thomas and carried unanimously to direct Attorney Carson to respond by letter to the applicant with the reason for the denial of the permits based on the 7080 rule, including a reference to the MPCA opinion on the appropriateness of the installed systems and copy said correspondence to Rolling Hills Road property owners and the League of Minnesota Cities, and respond to the MPCA Enforcement Division as appropriate. Councilor Lymangood offered to serve as a Council Liaison to the Wastewater Commission. Discussed imposing penalties for those residents that do not comply with the septic maintenance program. Further discussion on amending Chapter 35 of the Municipal code pertaining to the composition of the Wastewater Commission. This will be added as a discussion item on the February 13, 2003 Council meeting agenda. New Business Discussion was held regarding amending Chapter 34 of the Municipal Code pertaining to the composition of the Planning Commission. Council would like language to include the following: the City Council representative will rotate on a monthly basis and will serve as a non-voting member on the Planning Commission. All regular and alternate members shall be appointed by the City Council and that a quorum will consist of 4 regular and/or alternate members of the Planning Commission, excluding the City Council representative. MOTION by Lymangood, seconded by Thomas, and carried unanimously to amend Chapter 34 of the City of Corcoran Municipal Code establishing the composition and organization of the Planning Commission. Reports City Staff Council would like to work with the City Auditor to develop a “best practice” to resolve the issue with segregation of financial duties because the city has a limited number of staff performing these functions. Engineer Engineer Vander Top advised that Hennepin Conservation District has appointed an Engineer to look at the flooding issue and a meeting will be scheduled to discuss potential solutions and develop an implementation timeline. Mayor/Council Councilor Bucher was designated as the City Council representative to attend the March 6, 2003 Planning Commission meeting. Council requested staff to develop a monthly rotating schedule of City Councilors to attend the Planning Commission meetings. The Sewer Task Force met on January 22, 2003 at the Medina City Hall. The meeting was called by the Met Council and included the cities of Corcoran, Independence, Loretto and Medina. The purpose of the meeting was to address needs and evaluate service alternates to the meet the immediate and long term needs of the area. The group will meet again in 2 – 3 months. Authorize letter to Ingleside February 10, 2003 Wastewater Commission representative Amendment to Municipal Code re: Planning Commission Amend Corcoran Municipal Code Chapter 34 – Ord. No. 2003-182 City Audit Procedures Rush Creek Flooding March 6, 2003 Planning Commission Representative CITY OF CORCORAN REGULAR COUNCIL MEETING JANUARY 23, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\01.23.03 Council Minutes.doc 5 Sewer Task Force Meeting Update Mayor Guenthner called a special meeting of the City Council to address the implementation of the Comprehensive Land Use Plan and 2003 Long Range Goals and Objectives for Saturday, February 8, 2003 at 9:00 a.m. at City Hall. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:45 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Schedule Special Meeting Adjournment