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HomeMy WebLinkAbout2003-05-08 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 1 The City Council met in regular session on May 8, 2003 at City Hall in Corcoran, Minnesota. Present were Councilors Gageby, Guenthner, Lymangood and Thomas. Councilor Bucher arrived after the start of the meeting. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Attorney Carson, Public Works Director Meister, 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 Thomas, seconded by Lymangood, and carried unanimously to approve the agenda with the following addition: • Met Council Loan Update under Staff Reports Employee Recognition Mayor Guenthner recognized Police Chief Schutte with an award for 25 years of service to the City of Corcoran. Open Forum There was one request from the public to speak during open forum. Hubert Theis, 10290 Bechtold Road, Rogers – Feels that the assessment for dust control is unfairly determined and assessed to property owners. Does not want dust control. Also feels that road grading should be done more than twice per year in the spring and fall. Has concerns with the condition of gravel roads in Corcoran. Consent Agenda MOTION by Thomas, seconded by Gageby, and carried unanimously to approve the consent agenda as follows: 5.a. Approve the Regular Council meeting minutes of April 24, 2003, as presented. 5.b. Approve claims #1328 – 1362, in the amount of $12.183.82, as presented. 5.c. Accept a one-year leave of absence from the Wastewater Commission for Commissioner Spaeth for personal reasons, effective immediately. 5.d. Adopt Resolution #2003 – 31, requesting an extension from the Met Council of the nine month modification period for the implementation of the Comprehensive Land Use Plan due to the significant changes that are planned to occur with the City. Public Hearing – Dust Control Mayor Guenthner opened the public hearing to consider dust control at 7:11 p.m. Administrator Vergin provided an overview of the Road Stabilization program i n the City of Corcoran. There are currently 102 miles of roads in the City of Corcoran. Gravel roads make up 38 miles of roads, of which 24 miles receive dust control Dust Control allows the City to save money on road maintenance by extending the life of the gravel on the roads. The average assessment for dust control is $126. The City is in the middle of a two-year contract for the application, which has also helped to keep costs down. Total cost of Dust Control to the City is $77,500, of which $48,000 is assessed to affected property owners. The City’s portion ($29,500) buys down the cost of the assessments. If the City Call to Order Roll Call Pledge of Allegiance Agenda Approval Employee Recognition Open Forum Consent Agenda Public Hearing – Dust Control CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 2 Council approves the road stabilization program, residents have 30 days to pay their assessment in full. After 30 days, interest is assessed at a rate of 6%. If the assessment is not paid by November 1, it will be assessed onto property taxes, with an additional surcharge. There are 443 affected property owners, and all received written notice of the hearing and their proposed assessment at least 10 days before this hearing, according to state statute. The following written comments were received before the public hearing: Robert and Joni Kosloski, 9117 Foxline Drive – Is in favor of the dust control application. Richard and Sheila Weinhandl, 22462 Rush Creek Drive – They are opposed to the dust control application. Feel they should not be charged because they live on a paved road, but use a gravel road to access their street. There were no other comments from the public. MOTION by Gageby, seconded by Thomas, and carried unanimously to close the public hearing at 7:19 p.m. Councilor Bucher was present at 7:20 p.m. MOTION by Thomas, seconded by Gageby, and carried unanimously to adopt Resolution #2003 – 32, accepting the assessments for dust control in the City of Corcoran as presented. Home Occupation and Planning Applications Brief discussion was held regarding the Conditional Home Occupation License (CHOL) Application submitted by John Maeyaert, 22633 County Road 10, for a residential lawn sprinkler installation company. The Home Occupation Commission reviewed Mr. Maeyaert’s application in April 2003. The HOC has recommended approval of the CHOL with the condition that Mr. Maeyaert provide the City with a site plan identifying parking and storage on his property, and that any approval is not deemed to be an endorsement of the private driveway agreement between property owners, and based on the following findings of fact: • The current use is presently illegal under the existing zoning ordinance. • The site in question consists of approximately 9.1 acres and has driveway access directly to Woodland Court, which is a private drive. • The site is presently zoned Rural – Residential and is guided to remain Rural Residential in the land use plan. • There are three staging employees which report to the site. • An accessory structure is utilized for the business. • There is outside storage of irrigation pipe, which is screened from public view by fencing. • There are no advertising signs for the business. Written Comment Received Close Public Hearing Adopt Resolution #2003 – 32, accepting dust control assessment Home Occupation Application – Jon Maeyaert Findings of Fact CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 3 Mr. Maeyaert has submitted a site plan to the City with parking and storage indicated. A comment was made regarding the bulk storage of fuel and the City can enforce that through the Municipal Code. MOTION by Lymangood, seconded by Gageby, and carried unanimously to adopt Resolution #2003 – 33, approving the Conditional Home Occupation License (CHOL) for Jon Maeyaert, 22633 County Road 10, for the operation of a residential lawn sprinkler installation service, based on the findings of fact on file at City Hall, and subject to the following conditions: 1. The CHOL is issued to Jon Maeyaert at 22633 County Road 10 and is not transferable. 2. No advertising signage for the business is permitted on site or off site. 3. All equipment shall be kept within the accessory structure or screened from public view. 4. The applicant shall abide by and remain in compliance with all applicable Federal, State and City rules and regulations. 5. The City will review this license every three years from the date of issuance for a determination that the existing Home Occupation still warrants the issuance of a license. 6. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modifications of the license. 7. Three staging employees shall be permitted providing proof of employment has been verified to the satisfaction of the City. 8. Approval of this CHOL is not deemed an endorsement in the use of the private drive. The private driveway agreement is between the property owners, of which the City is not a party to. Unfinished Business Old Settlers Road/70th Street Petition Mayor Guenthner advised the Council that a neighborhood meeting was held on May 1, in which he and Engineer Vander Top discussed with residents the potential assessment cost for improvements to Old Settlers Road/70th Street. Residents were advised that the assessment could quite possibly fall between $10,000 - $15,000 per property. The project would be similar in scope to the Rolling Hills Road project, requiring extensive engineering to bring the road up to standards. There are 26 property owners and the consensus of the group was that there is not enough support for the project at this time due to the high cost. Many of the residents also felt that the wording of the petition did not accurately reflect what they wanted done. Suggested wording to include that their signature was not an indication that there was a commitment to any project or cost assessment. MOTION by Thomas, seconded by Gageby, and carried unanimously to deny the request for feasibility study for improvements to Old Settlers Road/70th Street. Adopt Resolution #2003 – 33, approving CHOL with conditions Old Settlers/70th Street Petition Deny Feasibility Study CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 4 Public Works Salt Storage Structure Public Works Director Meister was present to discuss a request to purc hase a salt storage structure for the Public Works Department. During the NPDES permit process staff reviewed these structures, as it was understood that the City would be required to have such a structure under the permit. However, the MPCA decided to exempt Public Works yards from the Industrial permit process. Staff continued to review these structures and associated costs and feels that we would be protecting the environment by having the salt covered, making it easier for public works to work with when it is kept dry and out of the elements, and we would not be losing salt due to exposure to rain and snow. The City also does not have any place to store our leftover salt/sand. It is currently stored outside at the end of the season. Hennepin County will be increasing the price of their salt/sand from approximately $8/ton to $16/ton. The City can pre-buy salt/sand now at today’s prices. The cost of a 24 x 40 temporary storage structure is approximately $5,000. Purchasing salt/sand at today’s prices would save the city approximately $4,000 the first year. Public Works Director Meister has discussed building requirements with Building Inspector Kohnen and there are no issues or concerns from the Building Inspector. MOTION by Bucher, seconded by Thomas, and carried unanimously to authorize the purchase of a storage shelter for storage of winter salt/sand, with funds taken from the CIP budget. County Road 116/Transportation Issues Police Chief Schutte reported on progress of issues raised at the April 24, 2003 Council meeting pertaining to County Road 116 and related transportation issues. Signage and striping (double lines) have been put in place. New signs have been posted on Larkin Road. The mailbox on 116 will be moved on May 9. Road counts are being taken in Corcoran on 75th Street. Increased traffic enforcement by the Police Department is ongoing and the Chief has authorized overtime shifts. The Chief has discussed increased enforcement with the Hennepin County Sheriff’s Department. At this time, the Sheriff’s Department cannot commit additional staff due to budget constraints, but will work with the City on traffic enforcement in the area. Council suggested signage in the Business District reading “Business Traffic Only”. Larkin Road will continue to be closed throughout the summer due to safety and structural concerns. Requested staff draft a letter to Jim Grube and Commissioner Penny Steele acknowledging their prompt response to the City’s concerns. Discussion was held regarding conducting speed studies on County Road 10 and County Road 30. Requested that staff explore this and report at the next meeting. Mayor Guenthner also reported that a temporary signal will be placed at County Roads 116 and 10 in 2004, however the County needs to redesign the intersection to determine what work will need to be done there. 21310 Meadow Lane Drainage Issue Attorney Carson advised that the two lawsuits regarding the Meadow Lane Drainage issue had been dismissed against each other and the City. There is the Public Works Salt Storage Structure Authorize Purchase of Storage Structure County Road 116 Issues Meadow Lane Drainage Issue CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 5 potential to affect 10 – 14 properties in order to resolve the drainage matter. Staff is recommending Council authorize the City Engineer to complete a feasibility study and provide notice to property owners under MS 429, for consideration at the June 26, 2003 Council Meeting. The following discussion ensued: Councilor Lymangood would like to see this project considered like a public improvement and have the property owners petition to have the study completed. Feels that the neighborhood and the City should solve the problem together. However, other members of Council feel that the City implied in the agreement with Mr. Burke and Mr. Hentges that the City would address the issue if the suits were dropped, and that waiting for the property owners to come forward may not be the best option. The study should be completed to determine the scope of the project and what properties would be affected. MOTION by Bucher, seconded by Thomas, to authorize the City Engineer to prepare a feasibility study on the Meadow Lane Drainage issue under MS 429, for consideration at the June 26, 2003 City Council Meeting. Councilor Lymangood offered the following amendment to the above motion. MOTION by Lymangood to direct staff to have the feasibility study completed, with costs to be determined contemporaneously, including costs for the feasibility study and legal fees already expended by the City. Motion died for lack of a second. Roll call on the original motion: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, naye; Thomas, aye. Motion carried. Elected Officials Meeting Administrator Vergin provided an update on the scheduling of the Elected Officials Meeting. At this time, there is interest in having the meeting but there are too many schedule conflicts. Will try to schedule for later in the summer or early fall before the next legislative session begins. It was suggested that meetings be grouped by state officials, county officials etc., in an attempt to have better attendance. New Business There was no new business for consideration. Reports Staff Report Administrator Vergin reported that the City would not be receiving a loan from the Met Council for the Implementation project as previously anticipated. All funding from the Met Council had been allocated before the City submitted application for the funding. Staff is looking for additional money elsewhere and there is a possibility of approximately $47,000 in funding from the Met Council in 2004. Staff is also looking at other options for funding and will discuss with the Order Feasibility Study Amendment to Motion Roll call Elected Officials Meeting Staff Report CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 8, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.08.03 Council Minutes.doc 6 Council at the May 15, 2003 Special Meeting. Council expressed opposition to extending the time schedule of the project. Council Report Councilor Gageby distributed a copy of the City of Spring Lake Park’s Lawful Gambling Ordinance. No action taken. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the meeting at 8:17 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Council Report Adjournment