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HomeMy WebLinkAbout2003-04-24 Council MinutesCITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 1 The City Council met in regular session on April 24, 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, Engineer Vander Top, Public Works Director Meister, Police Chief Schutte, and City Assessors Anne Risch and Rolff Erickson. Mayor Guenthner called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Lymangood, seconded by Gageby, and carried unanimously to approve the agenda as presented. Open Forum There were three requests from the public to speak during open forum. After a brief introduction of each item, the Council agreed by unanimous consensus to address the open forum issues under agenda item 6. Discussion with Jim Grube, Hennepin County Transportation, regarding traffic concerns on County Road 116. Consent Agenda Discussion was held regarding item 5.a. of the consent agenda MOTION by Lymangood, seconded by Gageby, and carried unanimously to approve item 5.a. of the consent agenda as follows: 5.a. Approve the regular City Council meeting minutes of April 10, 2003, as amended, under Local Board of Appeal and Equalization Hearing, rephrased the following sentence in reference to the valuation of Kluck, Wagner, and Treptau properties: Motion made and seconded to deny reconsideration of the valuation of the property affirm the City Assessor’s valuation of said property….” Discussion was held regarding item 5.b, of the consent agenda. MOTION by Thomas, seconded by Gageby and carried unanimously to approve item 5.b. of the consent agenda as follows: 5.b. Approve claims #1288 – 1326, in the amount of $68,459.64, as revised, due to the reduction in the amount of claim #1297 – Nextel Communications. County Road 116 Issues Jim Grube, Hennepin County Department of Transportation was present to discuss traffic concerns regarding County Road 116, in light of a fatal car accident on April 21. Chief Schutte provided a brief overview of traffic enforcement along County Road 116 due to road construction on County Road 101. County Road 101 is currently under construction, scheduled to be completed in September 2003. Traffic from 101 is being diverted onto CR 116. Larkin Road is currently closed to through traffic, but people continue to use it as a through street. Enforcement has increased in the area due to the increased traffic. A fatal car accident occurred on April 21, 2003, and is currently under investigation by the Police Department. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Consent Agenda Approve April 10, 2003 Minutes Approve Claims County Road 116 Issues CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 2 Jim Grube presented the following information. The last time a speed study was completed on County Road 116 was in 1970. By law, the MN Dept. of Transportation is responsible for setting speed limits throughout the state, except on residential roads, which is 30 mph by statute. Hennepin County works diligently with local cities to resolve road issues and a request for a speed study on County Road 116 would be submitted to the County and then forwarded to the State. County Road 101 is currently being reconstructed from Highway 55 to Hackamore, with a scheduled completion date of September 2003. Construction between Hackamore and 62nd Street should be completed by June 2003. The County anticipates installing a temporary signal at County Roads 10 and 116 in 2004, but they need some lead time in order to design the intersection appropriately and determine what work needs to be done at that intersection. Between 1996 – 2001, state records indicate that there have been five recorded accidents on County Road 116, with no fatalities. The following public comments were heard: John Spaeth, 7525 Commerce Street – Road construction currently is or will be taking place on Interstate 94, County Road 101 and County Road 19. The County needs to consider how the road construction affects 116. There are many new homes in St. Michael and Albertville, which cause an increase in traffic on 116. A temporary signal at the intersection of 10 and 116 before the start of 101 construction may have helped alleviate traffic flow. Traffic is also diverting onto 75th in the commercial district, causing safety concerns for larger commercial vehicles. Greg Ebert, 6503 County Road 101 – Is the owner of one of the vehicles involved in the accident. Ebert Construction employs the driver. The City/County need to take aggressive measures to fix traffic congestion on 116. Consider double striping the entire road as a “No Passing Zone.” On Larkin Road, a mailbox is blinding to traffic heading eastbound. City should consider using the COPS Grant to hire another officer for traffic enforcement. Ron Reiser, 6757 Rolling Hills Road – Questioned if Larkin Road was closed when road restrictions were put in place and how long it will be closed. How long will the Police Department be issuing tickets to people driving on it? Engineer Vander Top advised that Larkin Road was closed because of structural concerns. Increased traffic has caused further damage and the road would be closed at least until road restrictions are lifted, unless Council chooses otherwise. At this time, Council excused Engineer Vander Top, Public Works Director Meister, and Police Chief Schutte to meet privately with Jim Grube to discuss possible short-term solutions to traffic concerns on County Road 116, and report to the Council later in the meeting with recommendations. MOTION by Bucher, seconded by Lymangood, and carried unanimously to amend the meeting agenda to consider Item 8. Continuation of Board of Appeal and Equalization. Mayor Guenthner opened the continuation hearing of the Local Board of Appeal and Equalization at 7:47 p.m. Anne Risch, City Assessor, presented recommendations on the following properties: Jim Grube, Hennepin County Department of Transportation Public Comment CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 3 Amend Meeting Agenda Local Board of Appeal and Equalization Continuation Hearing CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 4 Tim McGee, 6951 County Road 101 – Assessor Risch recommended lowering the value to $6,000 per acre for the out lot, even though comparables were higher. Mr. McGee was not present at the hearing. Slav Kabachenko, 8925 County Road 19 – Assessor Risch advised that construction of the house began in 1999 and a portion of the house may not be completed for quite some time. She explained the formula used for determining how much of the house is completed and determined that 82% of the house is complete. Mr. Kabachenko was present and disagrees with the Assessor’s determination. He feels that the house is only 66% complete and that the unfinished portion is not livable and therefore has no value. Ken Smith, 23165 Meadowview Drive – Assessor Risch advised that the value was lowered to $309,000 based on the interior quality of the house. Mr. Smith was present and advised the council that he feels Assessor Risch does a good job, but that the system for determining valuation is flawed. Is seeking a valuation of $302,000. MOTION by Bucher, seconded by Thomas, and carried unanimously to close the continuation hearing at 7:58 p.m. MOTION by Lymangood, seconded by Bucher, and carried unanimously to set the valuation for the out lot at 6951 County Road 101 at $17,500, as recommended by the City Assessor. MOTION by Bucher, seconded by Thomas, and carried unanimously to set the valuation for the property at 8295 County Road 19 at $374,000, as recommended by the City Assessor. MOTION by Thomas, seconded by Gageby, and carried unanimously to set the valuation for the property at 23165 Meadowview Drive at $309,000, as recommended by the City Assessor. Unfinished Business NPDES Permit Randy Neprash, Bonestroo, Rosene, Anderlik and Associates, was present to discuss the NPDES permitting process. The City’s application has been submitted and will be reviewed by the MPCA. It included 44 Best Management Practices (BMP’s), 20 of which are new programs for the City. The program will require a 5-year commitment of staff time. Administrator Vergin advised that the City is exempt from the requirements of the industrial permit, but would like the City to consider the purchase of a salt storage structure for the Public Works Department that would be in line with the industrial permit. Council agreed to defer consideration until the next meeting. Discussion continued on the status of other cities in the permitting process. Neprash advised that there approximately 120 cities that are new to this permit and that each one is at the same stage in the process as Corcoran. The consequences for non-participation could include penalties from the MPCA in the amount of $10,000 per day per violation. That amount goes up to $20,000 if fined by the USEPA. Third parties may also bring suit for violations. Budgetary constraints of the City were taken into consideration when completing the application, and many practices will be phased Tim McGee, 6951 CR 101 Slav Kabachenko, 8925 CR 19 Ken Smith, 23165 Meadowview Drive Close Hearing Set Valuation for 6951 CR 101 Set Valuation for 8295 CR 19 Set Valuation for 23165 Meadowview Drive NPDES Permit I CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 5 in over time. Mayor Guenthner advised that the Wastewater Commission might take on some of the responsibility of this permit. MOTION by Lymangood, seconded by Bucher and carried unanimously to consider item #7 later in the meeting, and continue with Unfinished Business. CSAH 19/Hwy 55 Area Meeting Administrator Vergin advised that at the last Council meeting, the CSAH 19/Hwy 55 Area Meeting was scheduled for May 19 at 6:00 p.m. The open house for the downtown and SE districts is also scheduled for that evening. Due to an oversight, both meetings were scheduled to begin at 6:00 p.m. Council agreed by unanimous consensus to hold the 19/55 Meeting at 6:00 p.m. and the Downtown Area open house from 7 – 9 p.m. Award Bid for Chisholm Trail Improvement Engineer Vander Top advised that bids for the Chisholm Trail improvement Project were opened on April 17, 2003. Buffalo Bituminous was the low bidder on the project. He also advised the Council that the assessment costs are higher than originally presented due to a math error, which increased the assessment by approximately $417. Engineer Vander Top recommends awarding the bid to Buffalo Bituminous at this time. Council questioned if the costs could change and was advised that Bonestroo would work to limit costs wherever possible. MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt Resolution #2003 – 28, authorizing the Mayor and Clerk to enter into a contract with Buffalo Bituminous of Buffalo, MN, for the improvement to Chisholm Trail, according to the plans and specifications approved and on file in the City Office, and directing the City Clerk to return bid bonds to unsuccessful bidders as appropriate. Continued Discussion regarding County Road 116 Engineer Vander Top provided recommendations from discussions with Jim Grube regarding County Road 116. At this time, staff is recommending the following actions: • Request an expedited speed study be conducted on County Road 116 • Consider signage to diminish illegal and conflicting movements of traffic • Consider changing the passing zone to a “No passing zone” on County Road 116 • Review for site obstructions and relocate as necessary. • Conduct traffic counts on 75th Avenue to review the impact from the detour • Review local and county road intersection controls based on projected traffic volumes • Request a commitment from the Hennepin County Sheriff’s Department for additional patrol during times of road construction Council requested that this item be made a standing meeting agenda item. MOTION by Lymangood, seconded by Gageby, and carried unanimously to adopt Resolution #2003 – 30, as amended, requesting that Hennepin County expeditiously pursue having a traffic study performed regarding the speed Amend Agenda CSAH 19/Hwy 55 Meeting Award Bid for Chisholm Trail Adopt Resolution #2003 – 28, awarding Bid to Buffalo Bituminous County Road 116 Issues Adopt Resolution #203 – 30, requesting speed study on CR 116 CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 6 designation on County Road 116 from Hackamore to Meister Road, and pursue the above listed staff recommendations as soon as possible. Annexation Request – 19200 – 81st Place North Discussion was held regarding the request for annexation to the City of Maple Grove submitted by Randy and Nancy Cossette, 19200 – 81st Place. The following discussion ensued: Councilor Gageby requested that a joint meeting with the City of Maple Grove be held before any action takes place on the annexation request. Is opposed to annexation and feels that there should be an alternate way to solve this issue even though there is no alternate septic site on this property. Councilor Lymangood concurred and stated that a Joint Powers Agreement would allow urban services to the neighborhood, while keeping the residents a part of Corcoran. Councilor Bucher feels it is unfair to the resident to try to work out a Joint Powers Agreement with Maple Grove while they need a solution to their problem. Mayor Guenthner spoke to the residents about their situation before the meeting. Need to consider the overall impacts, such as building codes, setbacks, etc. and still efficiently manage the area. Attorney Carson advised that it is expedient to authorize the annexation at this time. Also stated that building standards are not addressed in a Joint Powers Agreement, only services. In regards to re-annexation back to Corcoran, landowners would have a say, according to MS 414. It could be contested and most likely, the City best suited to provide the services would retain the properties. However, re-annexation could be done without landowner consent if the two cities reach an agreement. Engineer Vander Top advised that he and Administrator Vergin had met with staff from the City of Maple Grove on April 22, and staff seemed to be open to a Joint Powers Agreement between Maple Grove and Corcoran. Comments were heard from Nancy Cossette, regarding their request for annexation. Their need is immediate because their system has failed and is polluting Goose Lake. They have no drinking water. MOTION by Bucher, seconded by Thomas, to adopt Resolution #2003 – 24, allowing the annexation of 19200 – 81st Place to the City of Maple Grove. MOTION by Gageby, seconded by Lymangood, to table consideration of Resolution #2003 – 24, requesting annexation by Randy and Nancy Cossette, 19200 – 81st Place North, into the City of Maple Grove until a joint meeting with the City of Maple Grove is held to determine their position on a joint powers agreement to provide services to the Appaloosa Woods neighborhood. Roll call: Bucher, naye; Gageby, aye; Guenthner, naye; Lymangood, aye; Thomas, naye. Motion failed. Roll call on the original motion to adopt Resolution #2003 – 24: Bucher, aye; Gageby, naye; Guenthner, aye; Lymangood, naye; Thomas, aye. Motion carried MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2003 – 24a, with the intent to pursue, at the earliest possible date, a joint meeting with the City of Maple Grove to develop a Joint Powers Agreement for urban services and potential repatriation of properties in Appaloosa Woods to the City of Corcoran. Annexation Request Public Comment Adopt Resolution #2003 – 24 approving annexation Motion to table; failed Adopt Resolution #24a, schedule joint meeting with Maple Grove CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 7 CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 8 New Business Board of Appeal and Equalization Process Administrator Vergin outlined a process to better streamline the process during the Board of Appeal and Equalization Hearing. This process would involv e a brief overview from the City Assessor regarding the process to owners for contesting the valuation, changes in laws that impact how properties are valued, areas reviewed for that year and comparable sales and trends that impact valuations. Individuals wishing to address the Board would introduce themselves for the record and the hearing would be recessed. Property owners would then meet with the City Assessor privately, who would provide a summary and recommendation for each property once the hearing is reconvened. Council also requested additional information be provided regarding average values of bare acres, ag land versus non-ag land and average square footage of homes. Also requested a one page handout regarding the process that could be includ ed in the local paper, posted on the website and given out ahead of time so residents are aware of the process for the hearing. The Mayor called a recess at 9:20 p.m. and reconvened the meeting at 9:27 p.m. 21310 Meadow Lane Drainage Issue Engineer Vander Top provided an overview of information in the Council packet pertaining to a drainage issue on Meadow Lane. Mr. Hentges (21310 Meadow Lane) claims that grading completed by Mr. Burke (23214 Meadow Circle) is impeding water flow in the drainage way. The two property owners are unable to resolve this dispute and have filed civil lawsuits against each other and have both named the City as a defendant in the lawsuit. Attorney Carson advised that the City has been named a party in both lawsuits, which are scheduled to be heard on May 2. The council may close the meeting to discuss the case. Comments were heard from the following: William Hentges – Joel Christianson (21300 Meadow Lane) completed an improvement project to his garage after he originally bought his property and he and Mr. Hentges worked together to clean out the wet area of their properties to help with drainage. Mr. Burke was in the process of cleaning out the ditch on his property at that time, and subsequent grading has raised the eleva tion of his property 1.5 feet. Jerry Burke – Has appeared before the City Council several times over the past few years to resolve this issue. He built a private ditch to drain his property. Mr. Hentges water has flooded his septic system five times in the last 20 years. Mayor Guenthner closed the meeting at 9:44 p.m. to discuss the pending litigation. Those present were Mayor Guenthner, Council members Bucher, Gageby, Lymangood and Thomas, Administrator Vergin, Attorney Carson and Engineer Vander Top. The meeting was reopened at 10:25 p.m. MOTION by Bucher, seconded by Lymangood, and carried unanimously to table discussion on the Meadow Lane drainage issue until all interested parties discuss with the City Attorney, a proposal to resolution of the issue. Board of Appeal and Equalization Process Recess Meadow Lane Drainage Issue Public Comment Closed Session Reopen Meeting Table Discussion CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 9 Lawful Gambling Ordinance Councilor Lymangood advised that he had been approached by the gambling organizations in Corcoran about adopting a gambling ordinance. The City does not currently have such an ordinance, but it can be beneficial to the City by either prohibiting gambling in the City, or designating and defining service areas requiring a percentage of funds to be used in the City. Comments were heard from Val Nybo, Corcoran Jaycees, who would like to see an ordinance in place to regulate outside organizations with gambling operations in the City. Mayor Guenthner expressed his opposition to gambling, but also acknowledged that much good has come from the dissemination of gambling funds through organizations like the Jaycee’s. Council directed Councilor Lymangood to work with City staff and any interested parties on the development of a lawful gambling ordinance for Council consideration. Reports Maple Grove Correspondence Administrator Vergin advised that the City of Maple Grove is only willing to honor the agreement with Mama G’s for services at this time. The y are willing to participate in a joint meeting to discuss increasing services in the future. Comments were heard from Ken Streeter, Streeter Companies, regarding meeting with the City of Maple Grove. Feels that it is imperative to determine exactly how much acreage would require services, which would be phased in over time. Engineer Vander Top recommended that the City/Streeter develop a detailed concept plan for discussions with Maple Grove. Comments were also heard from Anne Loff, Mama G’s, who questioned how much different the costs would be to service 9 acres versus 31 acres. Council directed staff to meet with representatives from Streeter Companies to develop a detailed model before the joint meeting with Maple Grove, and directed Administrator Vergin to schedule the meeting for Wednesday, May 28, 2003. Meadow Lane Drainage Discussion continued regarding the Meadow Lane drainage issue. Attorney Carson advised that both parties appeared to be willing to listen to the solution presented by the Council. Mayor Guenthner advised that the City is willing to offer the following: The City will undertake necessary steps to establish temporary and/or permanent easements for drainage, and will exercise the authority to re-establish those easements. There will be a statutory assessment to all benefiting property owners and the City cannot, at this time, make any representation on the amount of the assessment. The City will move fill to re-establish the drainage easement to improve flow of water on the properties, and will potentially re-construct the area to achieve a solution. Long – term maintenance has not been resolved and all parties must understand that not everything can be fixed, but the City is willing to address significant improvements to the area. If this were agreeable to the property owners, Council would direct the City Engineer to begin a determination of work and costs in conjunction with the property owners. Mr. Hentges advised that he wanted the agreement put in writing before he would dismiss the suit, and would file suit again if the City did not follow through with the arrangement. Lawful Gambling Ordinance Maple Grove Correspondence Public Comment Meadow Lane Drainage CITY OF CORCORAN REGULAR COUNCIL MEETING APRIL 24, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\04.24.03 Council Minutes.doc 10 Mr. Burke questioned how wide the ditch would be. Engineer Vander Top advised that it was undetermined at this time. The area would become natural where standing water would still be present. Sewer Task Force – Loretto/Corcoran Shared Services Engineer Vander Top advised that he is working with Loretto to determine the trunk capacity in the Medina Trunk Sewer Line. No action taken. Santa Fe Vacation Hearing Mayor Guenthner opened the public hearing regarding the vacation of Santa Fe Trail at 11:05 p.m. There were no comments from the public. MOTION by Thomas, seconded by Gageby, and carried unanimously to close the hearing at 11:06 p.m. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Resolution #2003 – 29, vacating the street known as Santa Fe Trail. Dissemination of Information to the Legal Newspaper Administrator Vergin will continue to work with Aaron Brom, Reporter, at the Crow River News, regarding actions taken by the City Council and will coordinate with the paper on any controversial issues to ensure accurate reporting of the minutes. Police Report Council agreed by unanimous consensus to accept the monthly Police Department Report as presented. CEO Report Council agreed by unanimous consensus to accept the monthly Code Enforcement Report as presented. Mayor’s Report Mayor Guenthner reported that the City of Independence Parks Commission is hosting a meeting regarding trails and has scheduled the meeting for June 4, 2003 at 6:30 p.m. Councilor Gageby will attend. It was suggested that a citizen from the Natural Resource Committee be encouraged to participate. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 11:12 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Sewer Task Force Santa Fe Vacation Public Hearing Close Public Hearing Adopt Resolution #2003 – 29, vacating Santa Fe Trail Dissemination of Council Information Police Department Report CEO Report Mayor’s Report Adjournment