HomeMy WebLinkAbout2003-03-27 Council Minutes
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 1
The City Council met in regular session on March 27, 2003 at City Hall in
Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Lymangood and
Thomas. Mayor Guenthner was excused absent. Also present were Administrator
Vergin, Clerk/Treasurer Tillmann, Attorney Carson, Planner Lindahl, Engineer
Vander Top, Public Works Director Meister, and Police Chief Schutte. Acting
Mayor Gageby called the meeting to order at 7:02 p.m., followed by the Pledge of
Allegiance to the flag.
MOTION by Thomas, seconded by Bucher, and carried unanimously to approve
the agenda with the following amendments:
• Consideration of Items 5.b. and 5.c separate from the consent agenda
• Report from Engineer Vander Top regarding discussions with the City of
Maple Grove
Open Forum – There were no requests from the public to speak during open
forum.
MOTION by Bucher, seconded by Thomas, and carried unanimously to approve
the consent agenda with the exception of items 5.b. and 5.c as follows:
5.a. Approve the Regular City Council meeting minutes of March 13, 2003, as
presented.
5.d. Adopt Resolution #2003 – 18, authorizing the gambling application
submitted by the United Foundation for Disabled Archers for a raffle to
be conducted at Country Pizza Parlor.
5.e. Adopt Resolution #2003 – 19, authorizing the Mayor and the City Clerk
to enter into contracts with the lowest responsible bidders (on file in the
City Clerk’s Office) on behalf of the City of Corcoran for 2003 Street
Maintenance Projects, and directing the Clerk to return any bid bonds
submitted to all other bidders.
Discussion was held regarding item 5.b. of the consent agenda. Councilor
Lymangood advised that he would abstain from approving the sale of investments
to Salomon Smith Barney as listed in the claims for approval. He also advised the
Council that staff is identifying payments or reimbursements made by the City to
employees separately, for informational purposes.
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
approve claims #1194 – 1222, in the amount of $88,066.14, with the exception of
the purchase of investments from Salomon Smith Barney, as presented.
MOTION by Thomas, seconded by Bucher, to approve the purchase of
investments from Salomon Smith Barney as presented. Roll call: Bucher, aye;
Gageby, aye; Lymangood, abstained; Thomas, aye. Motion carried.
Acting Mayor Gageby read aloud a proclamation declaring April as Child Abuse
Prevention Month in the City of Corcoran.
Call to Order
Roll Call
Pledge of Allegiance
Agenda Approval
Open Forum
Consent Agenda Approval
March 27, 2002 Claims
Approval of Claims
Approval of Investment Purchase
Proclamation of Child Abuse
Prevention Month
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 2
Audit Presentation – Steve MacDonald, Abdo, Eick & Meyers. LLP
Steve MacDonald, City Auditor, Abdo, Eick, & Meyers, presented the 2002 City
Audit Report and Management Letter. Discussed the segregation of duties due to
the size of the City staff and reported that staff is drafting policies to furth er
address the segregation of duties and other accounting functions. Councilor
Bucher stressed that this is not a material weakness and MacDonald agreed.
Auditor MacDonald has also reviewed the draft policies and feels that they are
appropriate. Discussed an appropriate level of fund balance. The City has
actively worked over the past two years to increase the fund balance, making
significant improvements to bring it to an appropriate level. Recommended pre-
paying the 1996 Road Improvement Debt.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
adopt Resolution #2003 – 20 as amended, accepting the 2002 Audit Report as
presented by Abdo, Eick & Meyers, LLP.
MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt
Resolution #2003 – 21, authorizing staff to pay off the outstanding debt for the
1996 Road Improvement Project in the amount of $50,000 plus any accumulated
interest, designating any remaining funds to the Asphalt Maintenance Fund.
Public Hearing – Chisholm Trail Improvement Project
Acting Mayor Gageby opened the public hearing for the Chisholm Trail
Improvement Project at 7:38 p.m.
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. Fourteen of 18 property owners
have signed a petition in favor of the project. The City is proposing to assess the
project equally among all 18 property owners, and City Public Works will be
doing the prep work for the project. Costs are estimated high, but could be
reduced due to the timing of the bids.
A letter of support was received into the record from Mel and Marilyn Bahr, 9940
Chisholm Trail. A letter of opposition was also received into the record from
Roger and Janet Hanson, 21650 County Road 30. Engineer Vander Top feels that
assessing Hansons for the project is appropriate because they have a driveway
access to their shed off Chisholm Trail, they were not assessed for the County
Road 30 Improvement Project and they would be assessed for the improvement if
the project was assessed based on front footage, with assessed costs higher if that
were the case.
The following public comments were heard:
Richard Roberts, 9723 Chisholm Trail – Questioned if the assessable indirect
costs in the amount of $18,850.00 were negotiable. Engineer Vander Top advised
that the 20% was an industry average and costs include estimates for design,
construction, and inspection services for legal and engineering services.
2002 City Audit Presentation
Adopt Resolution #2003 – 20,
accepting audit report
Adopt Resolution #2003 – 21,
authorizing debt payment
Public Hearing – Chisholm Trail
Road Improvement
Public Comments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 3
Don Hemming, 9801 Chisholm Trail – Questioned if Public Works would require
overtime to complete the Project. Public Works Director Meister advised and
Administrator Vergin concurred that no overtime would be used for this project.
It would be conducted during regular hours of operation. If the Public Works
Department did not participate in the project, estimate assessments would increase
to approximately $11,000 per property.
Phil Kariniemi, 9807 Chisholm Trail – Questioned what the impact would be on
the market value of property if on a gravel road versus a paved road. Attorney
Carson advised that state law requires that there must be an increase t o the market
value of a property with a road improvement project. Appraisers can do estimates
of property values on gravel roads versus paved roads. Engineer Vander Top
advised that the City could hire an independent appraiser to perform this service,
but this cost would affect the amount of the assessment.
Acting Mayor Gageby closed the public hearing at 8:07 p.m.
Further discussion was held regarding the improvement project. Council was
advised that they City does not need 100% consensus by the resi dents in order to
proceed with the project. Nor does the City have to prove the benefit to the
property owners at this meeting. That would be done at the assessment hearing.
MOTION by Bucher, seconded by Lymangood, and carried unanimously to
adopt Resolution #2003-22, ordering the improvement to Chisholm Trail,
approving the plans and specifications prepared by the City Engineer, and
authorizing the advertisement of bids for the project.
Unfinished Business
HRUA
Attorney Carson advised that the Findings of Fact and Order had been revised
based on comments received from Council at the prior meeting. Also advised that
Building Inspector Kohnen had reviewed the documents and was satisfied with
their content. Council made additional minor revisions.
MOTION by Thomas, seconded by Lymangood, and carried unanimously to
adopt the Findings of Fact and Order as amended.
MOTION by Thomas, seconded by Bucher, and carried unanimously to authorize
staff to send the MPCA correspondence drafted by Attorney Carson as presented
with a copy of the Findings of Fact and Order.
Facility Committee Recommendation
Discussion was held regarding the recommendation from the Facility Committee
for the proposed Police Department Expansion. At this time, the Committee is
recommending that the City does not move forward with the expansion project
due to the current budgetary impacts of the proposed state budget, economic
conditions and proposed
legislation regarding how cities
may incur debt. The current
facility can handle current
conditions for the short term.
Close Public Hearing
Adopt Resolution #2003 – 22,
ordering improvement and
authorizing project bids
HRUA Issues
Adopt Findings of Fact and
Order
Send MPCA correspondence
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 4
Facility Committee Recommendation
Councilor Lymangood applauded the efforts of the committee and suggested that
this topic be added to list of discussion items for the City’s State Elected Officials.
The Council agreed by unanimous consensus to accept the Facility Committee
report and recommendations as presented.
New Business
Waste Water Commission Issues
Administrator Vergin advised that the Waste Water Commission (WWC) has
been discussing the imposition of a penalty for non-compliance with the septic
maintenance program. As of the end of 2002, approximately 570 residents out of
1801, or 31% have not complied with the program. The WWC has come up with
several alternatives for penalties and would like Council input before the Open
House scheduled for June of this year. Even though the Open House will be open
to all residents, the WWC would like to target the residents that have not
complied in order to further educate people on the importance of appropriate
septic maintenance. Discussion was also held regarding Hennepin County’s
enforcement of ISTS as opposed to the City doing the enforcement.
Comments were heard from the following:
Stan Chastek, 7600 Maple Hill Road – Mr. Chastek is the Vice Chair of the
WWC. Advised that non-compliance is a problem in other cities as well. On
average, non-compliance is approximately 30% of residents.
Jim Bullert, 6900 Old Settlers Road – Mr. Bullert is the Chair of the WWC.
Advised that the County is not giving any pressure to take over enforcement of the
City’s ISTS, but they do enforce such things. The City actively took on the role
of enforcement by Council resolution several years ago. Hennepin County can
take the program back, but do not have adequate resources to do so. The MPCA
could issue some type of corrective action against residents because they are the
governing body.
Greg Ebert, 6503 County Road 101 – Hennepin County has no flexibility when it
comes to enforcement. Questioned what the Council wants in respect to
enforcement from the WWC. The current ordinance has no teeth and no
direction.
Council discussed the possibility of withholding building permits in an instance of
non-compliance if the usage changes (i.e. adding another bedroom which would
require an upgrade to the septic system), or requiring a septic inspection at the
time of sale of a property. The Council directed the WWC to offer a
recommendation to the Council
regarding penalties for non-
compliance and to focus the Open
House towards educating
residents that have not complied
with the maintenance program.
Further discussion was held
regarding the Council liaison to
the WWC. Councilor Bucher
offered to attend regular meetings
of the Commission with
Councilor Lymangood acting as
an alternate.
Accept Facility Committee
Recommendation
Waste Water Commission Issues
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 5
Council Liaison to WWC
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 6
Feltl Home Occupation Re-Application
Discussion was held regarding the reconsideration of the Feltl Home Occupation
Application. Staff is looking for clarification regarding whether the application
must be paid again since the Feltl’s were asked to re -submit their application in a
modified form. Council advised that there was no intention to charge the Feltl’s
with an additional application fee to re-submit their application. No action taken.
Northwest Trails Collaboration
MOTION by Thomas to adopt Resolution #2003 – 23, authorizing the City to
apply to the Minnesota Department of Natural Resources for financial and
technical assistance on behalf of the Northwest Trails Association for trail
construction and maintenance within the City of Corcoran. Motion died for lack
of a second.
Administrator Vergin advised that the City had been approached by the Northwest
Trails Association to sponsor a grant for the construction and maintenance of
approximately 125 miles of trails within the City of Corcoran. The City would
not be financially liable, merely administer grant funds from the State to the Trail
Association. The intent of the resolution is to express the intent of the City to
participate in this capacity. Council requested additional information regarding
what the City’s obligations would be, any overhead expenses and what burden
this would place on staff, why the program was discontinued in the City of
Brooklyn Park, and any safety concerns for the trail system. Police Chief Schutte
advised that he felt the NW Trails Association is a benefit to the City because
there is less driving on private property if the trails ar e open. Staff will report
back to Council at a later date once all requested information has been compiled.
Proposed Policies and Procedures for Accounting and Personnel Expenditures
Discussion was held regarding draft policies relating to accounting functions and
personnel expenditures. Administrator Vergin advised that she is seeking
direction on how to proceed with these polices, via committee review or staff
preparation. Councilors Lymangood and Bucher offered to serve on an Audit
Committee.
Staff Reports
Park Place Storage
Engineer Vander Top advised that Park Place Storage has recently requested
approval to continue storage condominium construction on the west portion of
their lot. Advised that it is important to establish a schedule for the next phase of
work on the property. The applicant has submitted a general schedule for
completion, with enforceable deadlines. Council advised that they support
Engineer Vander Top’s recommendation.
CEO Monthly Report
Council agreed by unanimous consensus to accept the monthly Code Enforcement
Officer’s report as submitted. Council was advised that an April meeting will be
scheduled with downtown property owners to discuss issues relating to the area.
Council will be advised of the date once it is determined.
Feltl Home Occupation
Application
Northwest Trails Association
Proposed Accounting and
Expenditure Policies
Park Place Storage
CEO Monthly Report
CITY OF CORCORAN
REGULAR COUNCIL MEETING
MARCH 27, 2003
H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to
PDF\03.27.03 Council Minutes.doc 7
Police Department Monthly Report
The Council agreed by unanimous consensus to accept the monthly Police
Department Report as submitted. Council was advised that road restrictions are
currently in effect and the new scales have been working very well. Staff from
the Police Department, Public Works, and Code Enforcement has developed a
process to follow for overweights and are working well together.
Hennepin Conservation District Status
This issue was discussed at the Hennepin County Board meeting earlier today.
Therefore, sending additional correspondence at this time would be unnecessary.
Several other cities had submitted similar letters of concern.
Meeting with City of Maple Grove
Engineer Vander Top advised that a meeting between the Mayors of Corcoran and
Maple Grove has been scheduled for April 9 to discuss sewer services to the
intersection of County Road 30 and 101, and other pertinent issues. Further
clarification is needed from the City of Maple Grove before this meeting.
Engineer Vander Top will contact the City and report to City staff before the
Mayor’s Meeting.
Meeting with Corcoran Elected Representatives.
Council reviewed a list of proposed topics for this meeting. Discussion centered
on how to facilitate the meeting and coordinate schedules of invited
representatives. Administrator Vergin will make the initial contacts to check
availability and discuss preliminary topics.
Sewer Task Force Meeting
Engineer Vander Top attended the Sewer Task Force meeting with Councilors
Thomas and Lymangood and other local municipality representatives. The Met
Council is asking for the capacity along the line from Highway 55 to the Elm
Creek Interceptor to be quantified. The Met Council does not anticipate services
along this line until 2020. Discussed an open house with residents to discuss a
time frame for services.
MOTION by Thomas, seconded by Lymangood and carried unanimously to
adjourn the meeting at 10:20 p.m.
_____________________________
Kary Tillmann, City Clerk/Treasurer
Police Department Monthly
Report
HCD Status
Maple Grove Sewer Services
Elected Representatives Meeting
Sewer Task Force Meeting
Adjourn