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HomeMy WebLinkAbout2003-05-22 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 1 The City Council met in regular session on May 22, 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, and Planner Jansson. 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 additions under Reports: • Northwest League of Cities Meeting Update – Councilor Gageby • Natural Resources Inventory Meeting Update – Councilor Lymangood • Update on meetings with neighboring communities – Councilor Lymangood Open Forum There were no requests from the public to speak during open forum. Presentations Rockford High School Students – Student Memorial Eric Norgren and Adam Bacon were present to discuss a memorial for RHS student Travis Knapp who was killed in a car accident in Corcoran on Ap ril 21, 2003. Suggested naming a new road, or renaming an existing road in Knapp’s honor. Mayor Guenthner requested that the suggestion be considered at a future meeting and requested a meeting between City representatives and RHS students to discuss other options for a memorial as well as practical solutions and mechanics of such a memorial. CAPE Project Martin Deers and Kay Norman presented information regarding the CAPE Project, a program promoting responsible alcohol sales at community events and aimed at preventing sale of alcohol to minors. Requesting their recommendations be made conditions of issuance of liquor licenses at community events. Mayor Guenther advised that liquor licenses were being considered at this meeting, so there would be no opportunity for the City to regulate said recommendations for this license period, but may request licensees to comply on a voluntary basis. Would further discuss under liquor license agenda item. Consent Agenda MOTION by Lymangood, seconded by Bucher, and carried unanimously to approve the consent agenda as follows: 5.a. Approve the Regular Council meeting minutes of May 8, 2003, as presented. 5.d. Adopt Ordinance #2003 – 185, adopting the NM State Building Code, effective upon passage and publication. 5.e. Adopt Resolution #2003 – 34, approving preliminary and final plat for J. Phillips Construction for property located in the SW Quadrant of County Road 30 and County Road 116. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Presentations Rockford High School Student Memorial CAPE Project Consent Agenda CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 2 Discussion was held regarding Item 6.b. of the consent agenda. Councilor Lymangood expressed opposition to the payment of Claim #1408 to Buffalo Floral in the amount of $52.60. MOTION by Gageby, seconded by Bucher and carried to approve the payment of claims #1365 – 1416, in the amount of $95,664.07, as presented. Roll call: Bucher, aye; Gageby, aye; Guenthner, aye; Lymangood, naye, for claim #1408 to Buffalo Floral; Thomas, aye. Motion carried. Consent agenda item 6.c. was pulled for discussion under Unfinished Business Item 8.a. Planning Applications Immanuel Church Moratorium Exemption Eric Jansson, Planner, Landform, provided an overview of the request for exemption from the subdivision and development moratorium submitted by Immanuel United Methodist Church (IUMC), 10025 County Road 101. This request was reviewed by the Planning Commission on May 1, 2003, and recommended denial of the exemption because of the unresolved issues related to land use, transportation and utilities that have not been addressed by the City. The site is zoned R-1 and the Comprehensive Plan designates it as commercial. The applicants are requesting exemption to expand the existing 9,125 square foot building to add approximately 2,500 square feet for new classroom, office and entry space, the majority of which will be added at the south end of the facility, with some additional space added at the north end. Comments were heard from Debra Klaussen, Pastor for IUMC. Klaussen advised that they are still requesting the exemption from the moratorium even though the Planning Commission recommended denial. Feels it was an oversight that the church was included in the commercial area in the Comprehensive Plan. IUMC is willing to be flexible and work with the City to the extent necessary on any issues of concern. Would consider not doing construction on the east side if required. The addition at that end is only 2 feet, in order to even out the front wall of the building. If the exemption was approved, a final site plan would be developed and submitted to the City. They are willing to consolidate the two parcels and identify the wetland area. Council expressed concern over the potential upgrade to County Road 101 from a 2-lane road to a 4-lane road. The distance from the front of the building to the centerline of CR 101 is approximately 97 feet. Planner Jansson pointed out that the line marked on the map was the setback line, not the right-of-way line for County Road 101. Engineer Vander Top advised that most likely, condemnation would not be necessary if the road was expanded. Also discussed was the possible re-design of the parking lot access and turn around. Councilor Thomas suggested that consideration be delayed for six months until the zoning ordinance was finalized. Approve Consent Agenda Item 6.b. Immanuel Church Moratorium Exemption Public Comment CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 3 Administrator Vergin advised that the if the Council voted to exempt IUMC from the moratorium, staff would develop findings of fact for review and approval on June 12, 2003. MOTION by Gageby, seconded by Lymangood, and carried to exempt Immanuel United Methodist Church from the subdivision and development moratorium for the expansion of the facility located at 10025 County Road 101. Roll call: Bucher, aye; Gageby; aye; Guenthner, aye; Lymangood, aye; Thomas, naye. Motion carried. Unfinished Business Liquor and Tobacco Licenses Discussion was held regarding approval of 2003 – 04 liquor and tobacco licenses. Council agreed that consideration of recommendations presented by the CAPE project could be adopted later and would like to get feedback from the community organizations regarding the proposed recommendations. Directed staff to draft a letter to the three community groups in Corcoran requesting feedback on the recommendations, and discuss at the June 26, 2003 City Council meeting. Council also requested comment from Police Chief Schutte. MOTION by Gageby, seconded by Thomas, and carried unanimously to adopt Resolution #2003 – 37, approving tobacco, beer and liquor licenses for various establishments in the City of Corcoran (complete listing on file with the City Clerk’s Office). Mama G’s Infrastructure Services/Development Agreement Discussion was held regarding the liquor license renewal and development agreement for Mama G’s. A joint meeting with the Maple Grove City Council will be held on Wednesday, May 28, 2003 to discuss infrastructure services to the City of Corcoran, specifically Mama G’s. According to the current development agreement, construction on the re-build of the facility should be starting at this time. Council questioned if the license could be approved on a temporary basis, or if it would be prudent to delay consideration until after the joint meeting with Maple Grove. Mama G’s letter of credit with the City expires on June 6, 2003. Engineer Vander Top discussed the generation of revenue through area charges for services. Advised that as infrastructure increases, Corcoran would be in a better position to participate in area transportation services. Consideration of a bigger service area (bigger than just Mama G’s) would foster better cooperation between the two cities. A planning session will be held on Tuesday, May 27 between Mayor Guenthner, Councilor Gageby and Engineer Vander Top. Council agreed by unanimous consensus to take no action on the renewal of the liquor license until June 12, 2003. Draft Sign Ordinance Attorney Carson presented his comments regarding the draft sign ordinance. Discussion was held regarding various issues outlined in his staff report. Council established a working group consisting of Attorney Carson, Councilor Gageby and Planning Commissioner Ebert to further refine the draft ordinance. Approve Moratorium Exemption Liquor and Tobacco Licenses Letter to Community Groups regarding CAPE recommendations Adopt Resolution #2003 – 37 – Liquor and Tobacco Licenses Mama G’s Infrastructure Services and Development Agreement Draft Sign Ordinance CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 4 6322 and 6334 Rolling Hills Road Septic System Compliance Discussion was held regarding septic system compliance for two sites on Rolling Hills Road. Attorney Carson advised that per the Findings of Fact and Order adopted by the Council on April 3, 2003, the two property owners were to have submitted designs for the replacement or correction of the septic systems by May 15, 2003. To date, no plans have been submitted. Under MN statute, the City can petition the courts to impose an action to compel performance. Attorney Carson is satisfied with the procedures that the City has followed, as does Building Inspector Kohnen, who rejects any claims made by the HRUA regarding the accuracy of the testing done at the sites in question. Council questioned if any action should be taken at this time. Attorney Carson advised that it would be appropriate to outline to the property owners what action will be taken if the August 1, 2003 deadline for replacement or repair of the systems is not adhered to. Comments were heard from Jon Erik Kingstad, Attorney representing HRUA, Brian Van Busecom/Ingleside Engineering, Steve Schmid (6334Rolling Hills Road) and Georgia Wigen (6322 Rolling Hills Road). Feels that Inspector Kohnen has provided the City with false and misleading information and that experts from the University of MN have established that the systems are appropriate. The burden of proof is on the City and does not feel that the City/Building Inspector has presented any information that the systems are illegal. When questioned why HRUA did not pull building permit before performing work on the two sites, Kingstad responded that HRUA did not do the work. It was completed by a licensed ISTS installer. It is HRUA’s position that they did not need a permit since they had one through the MPCA. Permits were applied for in October 2002, and there was not a written denial within 60 days of application to the satisfaction of HRUA, therefore, they maintain the permits were approved. Requested that the City follow the structure of corrective order as outlined in his letter dated May 14, 2003, further informing the Council that if necessary, they are prepared to proceed with a lawsuit against the city. MOTION by Gageby, seconded by Thomas to initiate action to bring this issue before the Court as soon as possible after the August 1, 2003 deadline, allowing property owners an opportunity to comply with the Findings of Fact and Order. Councilor Lymangood offered a friendly amendment to the motion on the floor as follows: MOTION by Lymangood to provide a courtesy notice regarding the May 15, 2003 deadline to property owners and direct staff and counsel to proceed with legal action in the event that the August 1, 2003 deadline passes with no response from the property owners. The motioner withdrew the original motion. MOTION by Lymangood, seconded by Gageby, and carried unanimously to advance the matter by notifying the property owners through appropriate legal 6322 and 6334 Rolling Hills Septic System Compliance Public Comment Advance legal action as appropriate CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 5 CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 6 Counsel that the City would commence legal action in the appropriate forum if the August 1, 2003 deadline is not met. Comments were heard from Bill Halverstadt, 6420 Old Settlers Road, who feels that this situation is an unfortunate misunderstanding. Feels that the City has been given misinformation and has been reacting to incorrect information. Council does not understand and is not qualified to act on such technical matters. The legal action is a disservice to the community and will be a detriment to the property owners, who may not be financially capable of installing a regular system. Discussion followed regarding the appropriateness of Council entering into a closed session to discuss pending litigation. Council agreed to defer to the City’s Attorney on determining the appropriate time. Also requested that Attorney Carson contact the two Deans at the University of Minnesota regarding all action to date between the City and the HRUA, as well as provide summary documentation to the Carver County Board of Commissioners. Meadow Lane Status Report/Army Corps of Engineers Correspondence Administrator Vergin advised that on Tuesday, May 20, the city received a copy of a letter sent to Mr. Jerry Burke from the Army Corps. Of Engineers, who had been contacted by Mr. Hentges, regarding the drainage issue on Meadow Lane. The letter requests that the culvert be removed. Vergin further reported that staff has reviewed the letter and feels that the City should proceed forward with the preparation of the feasibility report, and that it is Mr. Burke’s responsibility to comply with the request of the Corps of Engineers. Mayor Guenthner expressed his displeasure with receiving materials on Council meeting nights, with the expectation to respond. Engineer Vander Top advised that staff would continue with the feasibility study, with work to possibly begin in August 2003. The Council was advised that the City is not required to respond to the letter. Council suggested that Engineer Vander Top provide Mr. Burke with information that may assist him in his response to the Army Corps of Engineers, if requested, including information regarding action that the City intends on taking. Transportation Issues Engineer Vander Top provided an update on transportation issues in the City of Corcoran. Sheldon Johnson, Transportation Engineer, Bonestroo, has reviewed various intersections and land configurations along County Road 116. Engineer Johnson reports that there are issues at intersections on both ends of Larkin Road, however, the intersections are safe. Staff is recommending that Larkin Road remain closed at this time due to structural concerns. The road, in its current condition, is not equipped to handle increased traffic due to the construction detour. Larkin Road has been repaired to the extent possible and would require larger repairs at the intersections. Hackamore Lane is not prepared for additional traffic either. It is currently posted as a 4-ton road. Council requested an opportunity to review Hennepin County’s construction/detour plans for the City in relation to current construction issues. Mayor Guenthner suggested that an update letter be sent to Jim Grube and Commissioner Penny Steele on a monthly basis regarding any progress the City is making regarding these transportation issues. Public Comment Meadow Lane Drainage Status Transportation Issues CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 7 New Business Elm Creek Watershed Joint Powers Agreement Attorney Carson provided an update regarding the Elm Creek Watershed Joint Powers Agreement at the request of Administrator Vergin. Council was advised that the agreement is drafted essentially to function as the 1993 agreement and is generally a reasonable way to proceed with water issues in the affected communities. There is a concern that the City could become responsible for unexpected capital improvements, but the primary safeguard is that a 2/3 vote is required to advance any capital projects. The comment period ends on June 6, 2003. At this time, the City of Corcoran has no formal comment at this time. Darrell Lane Right of Way Recording Administrator Vergin informed the Council that the City was recently advised that Darrell Lane, which is signed and maintained as a City street, is in fact, not a dedicated City street. Three options were provided to the Council to rectify the situation. Council agreed by unanimous consensus to have staff meet with affected property owners to start the process to acquire the necessary ri ght-of-way through a quit claim deed process. No fees would be paid to property owners, but the City would pay for engineering and legal fees associated with the preparation of right-of-way descriptions and quit claim deeds, for approximately $5,000. City Assessor 2003 – 04 Contract Proposal Administrator Vergin reported that the City Assessor is requesting an increase to their contract for the 2004 contract year, running October 2003 through September 2004. They are proposing an increase of 4.9% over their current contract price. Council expressed concern over the amount of the increase, and the percentage increases over the past five years of the contract. Requested that Administrator Vergin contact the Assessor and make a counter offer, and begin the RFP process for assessing services. Reports City Administrator Discussion was held regarding the year to date budget analysis included in the meeting packet. Council was advised that the City has pledged securities for all investments over $100,000. Council requested a copy of the City’s Investment Policy for review. Administrator Vergin advised that adjustments have been made to the City’s projected revenue based on the states projected budget cuts for 2003 and 2004. Revenues have been reduced by $127,000 and expenditures have been reduced by $57,000 to accommodate cuts in Local Government Aid. Council can expect a written analysis in the next meeting packet. Mayor and Council Mayor Guenthner called a meeting for Wednesday, May 28, 2003, at 7:00 p.m. with the Maple Grove City Council at Maple Grove City Hall to discuss joint planning issues, and called a meeting for Thursday, May 29, 2003 at 6:30 p.m. with the Medina City Council at Corcoran City Hall to discuss fire districts. Elm Creek Watershed Joint Powers Agreement Darrell Lane Right-Of-Way City Assessor Contract Proposal YTD Budget Analysis Schedule Meetings CITY OF CORCORAN REGULAR COUNCIL MEETING MAY 22, 2003 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2003 - Need to PDF\05.22.03 Council Minutes.doc 8 Discussion was held regarding the City Administrator’s Annual Performance Evaluation. Mayor Guenthner requested that evaluation forms be completed by each Councilor and returned to him by June 11, 2003. He will summarize results and Council will meet to discuss any issues before the review. Councilor Gageby distributed a copy of a letter regarding scheduling a meeting between Roger Scherer of the Met Council and NW League of Cities. Councilor Lymangood reported that he will be meeting with the neighboring cities of Medina and Greenfield in early June to distribute copies of Corcoran’s Comprehensive Land Use Plan and discuss other issues in common. Councilor Lymangood also reported on the Natural Resources Inventory meeting held on May 20, 2003. The group is in the process of summarizing their recommendations for submittal and has agreed to continue meeting without the use of City staff and/or resources to develop a longer-term park plan and seek out grant opportunities for said plan. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 10:26 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer City Administrator Performance Evaluation NW League of Cities Update Meetings with Neighboring Cities Natural Resources Inventory Meeting Adjournment