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HomeMy WebLinkAbout2003-03-13 Council MinutesDocument 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 1 The City Council met in regular session on March 13, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Guenthner, Lymangood and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Attorney Carson, Planner Lindahl, and Engineer Vander Top. Mayor Guenthner called the meeting to order at 7:00 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 amendments: • Consideration of Items 5.e. and 5.f separate from the consent agenda • Discussion regarding Waste Water Commission (Councilor Thomas) under staff reports • Northwest League of Cities Meetings (Councilor Gageby) as New Business Open Forum – There was one request from the public to speak during open forum. Jim Bullert, 6900 Old Settlers Road, Corcoran, MN -- Mr. Bullert is the Chair of the City’s Waste Water Commission (WWC). The WWC is looking for some direction from the Council regarding enforcement of a penalty for non-compliance with the septic maintenance program. We are currently starting the 3 rd year of the program. Approximately 32% of residents have not complied at this point. The WWC would like to add a provision to the current ordinance to assess some type of penalty for those that do not comply. An Open House is tentatively being planned for June 2003 and the Commission would like to gear towards those that have not complied. Mayor Guenthner requested that this be placed on the March 27, 2003 Council agenda. MOTION by Thomas, seconded by Bucher, and carried unanimously to approve the consent agenda with the exception of items 5.e. and 5.f as follows: 5.a. Approve the Regular City Council meeting minutes of February 27, 2003, as presented. 5.b. Approve the Special City Council meeting minutes of February 20, 2003, as presented. 5.c. Approve claims #1157 - 1193, in the amount of $13,895.19, as presented. 5.d. Adopt Resolution #2003 – 11, authorizing the allocation and designation of funds for the City of Corcoran, as presented. Discussion was held regarding item 5.e. of the consent agenda. Councilor Thomas requested clarification regarding the Living Works Ventures request for support. Administrator Vergin advised that they were not asking for any funding from the City, just support to apply for funding for their project. Council felt that it would not be prudent to give support without additional information and requested that they provide more information to Council. No action taken. Discussion was held regarding item 5.a. of the consent agenda. Councilors Lymangood and Bucher requested grammatical change to two issues in the minutes. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Jim Bullert, Waste Water Commission Consent Agenda Approval Living Works Ventures request for Council support Document 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 2 MOTION by Lymangood, seconded by Thomas, and carried unanimously to reconsider item 5.a. of the consent agenda and approve as follows: 5.a. Approve the Regular City Council Meeting Minutes of February 27, 2003, as amended. Presentation – Stacy Moore, Northwest Hennepin Human Services Stacy Moore, Northwest Hennepin Human Services Council, presented information regarding the types of services and program available through the organization. NWHHSC conducts needs assessments of communities and then works with cities and organizations to coordinate services and programs as needed. Their goal is to improve communication between communities to avoid duplication of services. Planning Commission/Home Occupation Applications Jon Hans Home Occupation Council was reminded that this application had been denied at the February 27, 2003 City Council meeting, and the Council should consider the specific findings for the denial as outlined in the resolution. MOTION by Lymangood, seconded by Thomas, and carried unanimously, to adopt Resolution #2003-14, identifying findings for the denial of a conditional home occupation license for Jon Hans, 19543 Country Circle East. Mike Patnode Home Occupation MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt Resolution #2003-15, approving the Conditional Home Occupation License for Michael Patnode, for the operation of an auto repair service at 22610 County Road 50. Schmidt Moratorium Exemption Planner Lindahl reported that J. Phillips Construction has requested an exemption from the subdivision and development moratorium on behalf of Harold Schmidt. Mr. Schmidt owns a 140-acre parcel located at 20125 County Road 30, in the SW quadrant at the intersection of County Road 30 and County Road 116. The applicants are requesting an exemption from the moratorium in order to create on 2.5-acre lot for a new single family home, with the remaining 137.5-acres remaining as the existing homestead. The landowner wishes to subdivide the property so the entire parcel must be platted. City regulations require a new survey, wetland delineation, location of existing easements, existing and proposed septic sites and wells, and dedication of easements as part of the platting process. However, some of these requirements can be waived for the larger parcel if the Council chooses, due to the size of the property. MOTION by Gageby, seconded by Lymangood, and carried unanimously to waive the requirement of a topographical survey and wetland delineation for the 137.5-acre parcel of the subdivision. Reconsideration and approval of February 27, 2003 Minutes Presentation by Stacy Moore, NW Hennepin Human Services Jon Hans Home Occupation Adopt Resolution #2003-14 Hans Findings of Fact Mike Patnode Home Occupation Adopt Resolution #2003-15 Schmidt Moratorium Exemption Waive topo survey and wetland delineation for large parcel Document 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 3 MOTION by Lymangood, seconded by Gageby, and carried unanimously to adopt Resolution #2003-13, approving an exemption from the moratorium to allow a subdivision application submitted by Harold Schmidt, as recommended by the Planning Commission, pursuant to the following findings: 1. The proposed new lot is outside of the Mixed Use/PUD land use as identified in the 2020 Comprehensive Plan. 2. The proposed new lot is shown as being within the Potential Future Urban Service Area, which is post 2020. 3. The existing zoning and subdivision ordinances will adequately protect the property. 4. By granting the moratorium exemption, it in no manner grants or implies approval of the proposed subdivision. Unfinished Business Implementation Plan Hennepin County Transportation Bob Byers, Hennepin County Transportation Department, was present to discuss issues related to the Implementation Plan. Administrator Vergin and Engineer Vander Top met with Byers in early March to discuss how the City’s Comp Plan would affect transportation issues between the City and the County. Byers encouraged the City to take the lead on road issues and coordinate with the County’s goals for projects. Council requested a copy of the County’s CIP Plan for the next 10 years. Discussed issues regarding County Roads 19, 30, 101 and 116, and future projects for these roads. No action taken. Contracts for Services Discussion was held regarding contracts with Bonestroo, Rosene and Anderlik for Engineering Services and Landform for Planning Services pertaining to the Implementation Plan. Attorney Carson has reviewed the contracts and indicated that some of the language in the Landform contract was relevant to a construction contract, not to this contract. The City Council requested modifications pertaining to data privacy and charges for additional services. Council questioned if the City had considered including a City Fire Department as part of this process and feels that it should be looked at. Also questioned if the sign ordinance was a part of this process. Administrator Vergin advised that ordinance is separate from the Zoning and Subdivision ordinances. MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve the contract with Bonestroo, Rosene and Anderlik for the provision of Engineering Services as part of the Implementation Plan. MOTION by Thomas, seconded by Lymangood, and carried unanimously to approve the contract with Landform for the provision of Planning Services as part of the Implementation Plan, with the condition that the contract conform to the standards to reflect service for a public client and include language that any additional services would be discussed and agreed upon in advance; these changes are to be approved by the city’s legal counsel. Adopt Resolution #2003-13 – Moratorium Exemption Bob Byers – Hennepin County Transportation Contracts for Engineering and Planning Services Approve contract for implementation engineering services Document 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 4 Approve contract for implementation planning services Met Council Loan Administrator Vergin advised that at this time, it seems favorable that the City could receive a loan from the Met Council for this project. The City may apply for up to 75% of total costs, with repayment to commence one year after the loan is awarded, over a three year period. Further information will be presented by Robin Caufman at the March 20, 2003 Special Council Meeting. Chisholm Trail Engineer Vander Top provided a brief overview of the Chisholm Trail road project scheduled to be completed in 2003. The project is similar in scope to the Hage Drive Improvement project completed in 2002. This project involves ½ mile of roadway and affects 18 property owners. MOTION by Bucher, seconded by Gageby, and carried unanimously to adopt Resolution #2003-16, ordering the plans and specifications for the improvement to Chisholm Trail, and setting a public hearing on the project for Thursday, March 27, 2003 at 7:00 p.m. or as soon as possible thereafter. New Business NW League of Cities Meeting Councilor Gageby provided an update on the NW League of Cities Meeting he attended on March 12, 2003. Advised that discussion was held regarding sewer and water services at County Roads 30 and 116. Maple Grove would like to have discussion with Corcoran City Council before proceeding any further. Engineer Vander Top advised that the was expecting a phone call from the Maple Grove City Engineer on Friday, March 14, 2003 and would update the Council at the next meeting. Meeting with Corcoran Elected Officials Councilor Lymangood discussed his desire to have an annual meeting with the elected officials representing the City of Corcoran (i.e. County, State and Federal). Possible discussion items could include state budget impacts on the city, Hennepin Conservation District, NPDES, Septic issues and traffic concerns. Councilor Lymangood will develop a list of concerns for the Council to review and identify appropriate contacts. Meetings with Surrounding Communities Councilor Lymangood offered to attend Council meetings of surrounding communities to deliver copies of Corcoran’s Comprehensive Plan. Councilor Gageby suggested the NW League of Cities as well. Staff Reports HRUA Attorney Carson advised that he had reviewed HRUA’s treatment of the sites at 6322 and 6334 Rolling Hills Road. He has prepared the Findings and Fact and Order of Corrective Action, which will be sent to the two homeowners once reviewed and approved by the Council. Council questioned if homeowners had any civil recourse and advised that it is not our place to say, but would expect that they would. Questioned why no action was being taken against Ingleside. Met Council Loan Chisholm Trail Road Improvement Adopt Resolution #2003-16 – Chisholm Trail Improvement NW League of Cities Meeting Meeting with Corcoran Elected Officials Document 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 5 Meetings with Surrounding Communities HRUA Issues Attorney Carson advised that in his opinion, it was not a prosecutable action and would most likely not be successful based on the timing of the events that have transpired. Mayor Guenthner advised that the Council’s review of the material demonstrates sound judgment to protect the health, safety and well being of the public. MOTION by Thomas, seconded by Lymangood, to accept the Findings of Fact and order. MOTION by Lymangood, seconded by Bucher, and carried unanimously to table consideration of the Finding of Fact and Order pertaining to the HRUA until the March 27, 2003 City Council Meeting. (According to Roberts Rules of Order, a motion to table is considered an incidental motion, which takes precedence over any motion on the floor. Therefore, the previous motion to accept the Findings of Fact and Order did not require a vote by the Council). MOTION by Bucher, seconded by Lymangood, and carried unanimously to direct Attorney Carson to send to HRUA and Ingleside Engineering, the letter regarding the City’s position on the 60-day rule. Hennepin Conservation District Status Engineer Vander Top provided an update on the status of the Hennepin Conservation District and its possible elimination. This would affect the City of Corcoran in several ways and affected cities are looking for ass urance that there would be a seamless continuation of services if HCD were eliminated. The County Board is accepting comments until March 27, 2003 and will make a decision in late April or May. The Elm Creek Watershed Board is the Local Governing Unit and the HCD represents that organization. Council directed staff to draft a letter in support of HCD as a technical advisory Board for review at the next Council meeting. Administrator Vergin indicated that she had attended a meeting of the Elm Creek Watershed Board regarding revisions to the Joint Powers Agreement and funding mechanisms that may impact Corcoran. Board representative Dennis Stieg and she will keep the council abreast of this matter. Meeting with City Auditor Council was invited to meet with the City Auditor and staff on Friday, March 14, 2003 at 3:15 p.m. to discuss segregation of staff responsibilities, personnel polices in relation to finance issues and best accounting practices for the City. Abdo, Eick and Myers will present their audit report to the Council on March 27. Experienced Officials Meeting Councilor Lymangood provided a brief overview of the Experienced Officials Conference presented by the League of Minnesota Cities. No action taken. MOTION by Bucher, seconded by Thomas and carried unanimously to adjourn the meeting at 9:32 p.m. ___________________________ __ Kary Tillmann, City Clerk/Treasurer Table Consideration of Findings of Fact and Order Document 5.a March 27, 2003 Agenda Prepared By: Kary Tillmann, Clerk CITY OF CORCORAN REGULAR COUNCIL MEETING MARCH 13, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\03.13.03 Council Minutes.doc 6 Send letter to HRUA and Ingleside Engineering HCD Status Meeting with City Auditor Experienced Officials Conference