HomeMy WebLinkAbout2003-09-11 Council Minutes - Part 2
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
1
The Corcoran City Council met in regular session on September 11, 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, and Engineer Vander Top. Acting Mayor Gageby called the meeting
to order at 7:02 p.m. and requested a moment of silence in remembrance of
lives lost on September 11, 2001, 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:
• Highway 55 Coalition – Unfinished Business
• Open House – Staff Reports
• NW League of Cities Meeting Update – Council Reports
• Implications of development moratoriums – Council Reports
• Engineer Vander Top presence at Wastewater Commission meeting to
discuss I & I (inflow and infiltration) – Council Reports
• September 17, 2003 meeting – Council Reports
Open Forum
There were no requests from the public to speak during open forum.
Acting Mayor Gageby advised that Mayor Guenthner would be absent for
several meetings in September and October, due to personal and work related
conflicts. For 2003, Councilor Gageby serves as Acting Mayor in Mayor
Guenthner’s absence.
Presentation
Brad Feist, Chief, Rogers Fire Department, provided an overview of the
services provided by the Rogers Fire Department to the City of Corcoran. The
Rogers Fire Department serves one-fourth of the City of Corcoran. For the
2004 budget year, Corcoran’s contract is $53,330.60, reflecting an increase of
$1,092.74 over the 2003 rate paid by the City. Fire Chief Feist requested that
he be allowed to participate on the Fire Advisory Committee that was recently
formed to explore Fire Services in the City. Will be meeting with Code
Enforcement Officer Reger in the near future to discuss inspection and other
issues relative to open burning.
Councilor Bucher questioned what percentage of total the Fire Department’s
budget is represented by the City of Corcoran? For 2004, the total annual
budget is $288,596.00, which is broken down as follows: City of Rogers:
$122,785.00; Hassan Township: $105,312.00; City of Corcoran 53,330.00;
City of Otsego $7,169. The City of Corcoran does not generate any specific
needs of the Fire Department. The Fire Department is currently able to
manage their funding well. They have pull tab booths at two locations in the
City of Rogers and have used those proceeds to almost completely finance
larger equipment purchases.
Call to Order
Roll call
Moment of Silence
Pledge of Allegiance
Agenda Approval
Open Forum
Presentation – Brad Feist, Chief,
Rogers Fire Department
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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Councilor Lymangood offered to follow up with Fire Chief Feist regarding the
Fire Advisory Committee. Requested that he receive copies of the City’s 2020
Land Use Plan and Sewer Phasing Map. Council expressed their appreciation
for his presentation.
Consent Agenda
MOTION by Bucher, seconded by Thomas, and carried unanimously to
approve the consent agenda, with the exception of item 6.d. as follows:
6.a. Approve the Regular Council meeting minutes of August 28, 2003, as
presented.
6.b. Approve the City Council Budget Workshop minutes of August 28, 2003,
as presented.
6.c. Approve the payment of claims #1728 - 1755, in the amount of $9,900.36,
as presented.
6.e.Adopt Resolution #2003 – 52, approving the Conditional Home
Occupation License for Bruce Smith, for the operation of a seal coating
and asphalt repair contractor (Black Bear Sealcoating), at 10410 Cain
Road, based on the findings of fact on file in the City Clerk’s Office, with
the following conditions:
1. The CHOL is issued to Bruce Smith at 10410 Cain Road and is not
transferable.
2. No advertising signage for the business is permitted on site or off site.
3. All equipment shall be screened from the North side.
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. Screening consisting of either shrubbery or fencing shall be placed on
the north side of the property.
6.f. Adopt Resolution #2003 – 53, approving a temporary 3.2 on-sale Liquor
License is granted effective September 27 to David C. and Susan M.
Suman, provided appropriate application and insurance documents are
submitted and the appropriate license fee has been paid to the City of
Corcoran.
Executive Closed Session
Attorney Carson read the following statement into the record.
“As you know, last month, the HRUA commenced a suit. The City itself is
named in the suit. The response to the suit is due later this month. The
Greene Espel firm has been retained by the League of Minnesota Cities to
represent the
Consent Agenda Approval
Executive Closed Session
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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City in this suit, and they will provide the response. These circumstances, we
believe, require the Council to seek legal advice concerning litigation strategy.
If that discussion were to occur in public, especially in the presence of
representatives of the party suing you, it could be detrimental to the interests
of the City, and will have significant negative impact on the City’s ability to
effectively deal with this litigation. We believe that a closed session between
the Council and counsel for the City in this suit is necessary to attain a result
in the outcome that is ultimately beneficial to the City, and to the members of
the general public. This closed session should not include discussion or
consideration of any subject other than providing and requesting legal advice
on the pending litigation with HRUA.”
Acting Mayor Gageby closed the meeting at 7:33 p.m. to discuss pending
litigation. Those present during the closed session included Councilors
Bucher, Gageby, Lymangood and Thomas, Administrator Vergin, Attorney
Carson, and Attorney Baker. The meeting was reopened at 8:35 p.m.
Discussion was held regarding consent agenda item 6.d. Preliminary Proposed
Tax Levy.
MOTION by Lymangood, seconded by Thomas, and carried unanimously to
amend the preliminary proposed tax levy to include $35,000.00 for potential
facility expansion debt.
MOTION by Thomas, seconded by Bucher, and carried unanimously to
approve consent agenda item 6.d as follows:
6.d. Adopt Resolution #2003 – 51, adopting the preliminary proposed tax levy
2003, collectible in 2004, in the amount of $1,598,394, including the
addition of $35,000, and schedule the Truth in Taxation Hearing for
December 1, 2003 at 7:00 p.m., with a continuation hearing schedule for
December 8, 2003 at 7:00 p.m. if necessary.
Unfinished Business
Moratorium Extension -- Greenhouses and Nurseries
At the August 28, 2003 City Council meeting, Council reviewed the draft
ordinance pertaining to standards for greenhouses and nurseries in the A-1 and
R-1 districts, and received testimony from several existing business owners.
Council directed staff to schedule a meeting and send notices to business
owners to further discuss the issue. Staff is suggesting that said meeting be
held on Thursday, September 25, 2003 at 6:00 p.m. The moratorium was
originally adopted on July 24, and was set to expire in 60 days or when the
Zoning Ordinance is amended to reflect the changes to nurseries and
greenhouses. The moratorium will expire on September 22, 2003. In order to
accommodate the meeting between the City and area business owners, and
make the changes necessary to the ordinance, staff recommends that the
moratorium be extended an additional 90 days.
Closed Meeting
Meeting Reopened
Amend Preliminary Levy
Approve Consent Agenda Item 6.d.
– Adopt Resolution #2003 - 51
Moratorium Extension –
Greenhouses and Nurseries
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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MOTION by Lymangood, seconded by Thomas, and carried unanimously to
adopt Resolution #2003 – 54, extending the moratorium on development
within the City of Corcoran, to include nurseries and greenhouses, within the
R-1 and A-1 areas of the City, for a period of 90 days, or until the ordinance is
amended as indicated, whichever is sooner.
CSAH 116 Speed Study
Council received the results of the speed study conducted on County Road 116
between Hackamore and Meister Road. The State recommended that the
posted speed stay at 55 mph. Councilor Lymangood advised that he was
under the impression that we would have received more than just the results of
the study, i.e. time of day, day of week, road conditions, etc., when testing was
conducted. Council directed staff to request more specific information
regarding the speed study from the appropriate agency.
Proposal for TH 55/CSAH 19 Sanitary Sewer
Discussion was held regarding the proposal for the joint Highway 55
infrastructure study for the Cities of Corcoran and Medina. Engineer Vander
Top advised that the proposal looked at existing infrastructure and objectives,
existing deficiencies, potential phasing, costs of a project and how those costs
would be encumbered. The schedule identifies project completion by the end
of December 2003. Both councils requested the proposal. The City of Medina
will be considering it at the Tuesday, September 16 City Council Meeting.
Council discussed the possibility of a cost sharing agreement with the City of
Medina and agreed that the City’s desire to share costs should be relayed to
the City of Medina. Council was advised that there are no businesses on the
Corcoran side of County Road 19 that would be adversely affected by the road
project. The City of Medina is pursuing a cost sharing agreement with
Hennepin County for a portion of the project in Medina. Work that the county
does may not reduce the estimate provided by Bonestroo in the scope of the
study. Council reiterated that it would like to proceed with the study and is
willing to share the expenses equitably.
Council agreed by unanimous consensus to consider formal approval of the
agreement at a later date, once the City of Medina has had an opportunity to
review the proposal.
Highway 55 Corridor Coalition
Discussion was held regarding the Highway 55 Corridor Coalition. Councilor
Lymangood advised that had recently discussed this with Hennepin County
Commissioner Penny Steele and feels Council should re-evaluate membership
in the Coalition. Directed staff to place this item on the next agenda for
consideration and requested that staff contact Commissioner Steele’s office to
verify the fee.
Adopt Resolution #2003 – 54 – extending moratorium
CSAH 116 Speed Study
TH 55/CSAH 19 Sanitary Sewer
Proposal
Highway 55 Corridor Coalition
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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Parks and Trails Commission Appointments
Administrator Vergin advised that applications for Parks and Trails
Commission appointments were accepted until September 4, 2003. Seven
applications were received. Planning Commissioner Andersen offered to
serve as the liaison between the Planning Commission and the Park and Trails
Commission, due to the number of applicants. City Ordinance states that all
terms expire on December 31, however, Commissioners will serve until a new
member is appointed, which may not necessarily be December 31 of the year
the term expires. The organizational meeting will be held on September 17,
and will include a discussion on staggering and length of terms. .
MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt
Resolution #2003 – 55, appointing the following individuals to serve on the
City Parks and Trails Commission as follows:
Thomas Anderson
Gina Dorethy
Dennis Stieg
Craig Brolin
Brent Anderson
Chad Robran
Joel Johnson
Planning Commission Liaison – David Anderson
City Council Liaison – Chuck Lymangood and David Gageby
New Business
Planning Commission Resignation/Appointment
Discussion was held regarding the resignation of LaVerne Hanson from the
Planning Commission, effective September 4, 2003. Council questioned the
appointment process and whether the Planning Commission had made a
recommendation for appointment. Council also acknowledged Mr. Hanson’s
contributions to the Planning Commission and expressed their gratitude for his
service to the City of Corcoran.
Comments were heard from Ken Kluck, Planning Commission, who advised
that Council should be consistent with their appointments.
MOTION by Lymangood to adopt Resolution #2003 – 56, accepting the
resignation of La Verne Hanson from the Planning Commission, and
appointing Planning Commission Alternate Virginia Anderson to fill the
remainder of the term expiring on December 31, 2003; and appointing Mark
Johnson to fill the vacant second alternate position voided by Commissioner
Anderson, for the term ending December 31, 2003. Motion failed for lack of a
second.
MOTION by Thomas, seconded by Bucher, to accept the resignation of
LaVerne Hanson from the Planning Commission, appoint Planning
Commission Alternate Dennis Stieg to fill the remainder of the term expiring
on December 31, 2003, with Virginia Anderson serving as the first alternate,
and appoint
Adopt Resolution #2003 – 55 –
Park Commission Appointments
Planning Commission
Resignation/ Appointment
Public Comments
Motion to Adopt Resolution #2003
– 56 – Motion Failed
Accept Resignation and Make
Appointments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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Mark Johnson to fill the vacant second alternate position voided by
Commissioner Stieg, for the term ending December 31, 2003. Roll call:
Bucher, aye; Gageby, aye; Lymangood, naye; Thomas, aye. Motion carried.
Elm Creek Watershed Resignation/Appointment
Discussion was held regarding the resignation of Dennis Stieg from the Elm
Creek Watershed. Ken Kluck is the alternate, who has stated that he would
like to remain the alternate. Mr. Stieg has recommended the appointment of
Elwyn Manthei as a replacement. Council requested that Mr. Manthei
complete a commission application before consideration of his appointment.
Engineer Vander Top advised that the Elm Creek Watershed is comprised
entirely of residents appointed by respective City Councils. Council directed
staff to bring back a recommendation at the next meeting, as well as a list of
any other eligible candidates.
Staff Reports
Infrastructure Update
Engineer Vander Top provided a brief update on infrastructure planning as it
relates to the implementation plan. Further discussion will be held at the
special Council meeting on September 18 regarding how the City will proceed
with analysis of needs. Council questioned if the pipes were located in
existing right of way locations and Engineer Vander Top advised that some
are, but some are located in future ROW and easement areas.
Open House
Councilor Bucher questioned how the Council could validate the concept plan
for the downtown area. Suggested that the City evaluate that the concept we
have for the area is appropriate, including engineering, types of buildings, etc.,
and adjust plans if necessary. Councilor Lymangood questioned if the
contract with Landform included a requirement for third party validation, and
if the City would receive a report of findings. This was done in the QSA
market analysis report. Discussion centered on guidelines and framework
necessary to get the type of development that the City desires and then convey
that idea through a valid plan and framework. Engineer Vander Top advised
that the infrastructure project would have a validation process, however that
process doesn’t address the types of businesses that may be in the downtown
area.
Council Reports
Meeting with Maple Grove
Engineer Vander Top and Mayor Guenthner met with Maple Grove Mayor
Steffenson and Engineer Gerry Butcher on September 4. Discussion was
based on the three scenarios outlined in Butcher’s letter to the City of
Corcoran. The City of Maple Grove reiterated their desire to provide service
to 4 acres currently utilized by Mama G’s. Advise that sewer capacity is not
the issue, but transportation capacity is. Engineer Vander Top followed up
with Streeter Companies after the meeting, and Streeter will be meeting with
City staff next week to discuss options.
Elm Creek Watershed
Resignation/Appointment
Infrastructure Update
Open House
Meeting with City of Maple Grove
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 11, 2003
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Councilor Bucher questioned the City of Maple Grove’s position regarding a
septic issue at 9435 County Road 101. Engineer Vander Top reported that
Mayor Steffensen agreed to re-visit the issue with the Maple Grove Council at
a future meeting. The resident appeared before the Wastewater Commission
on September 8 and will be contacting the University of Minnesota Extension
Office to discuss alternative solutions.
NW League of Cities Meeting
Councilor Gageby provided an update of the NW League of Cities meeting,
which included information from the Association of Metropolitan
Municipalities (AMM). Requested that the Council consider membership in
the AMM as a future agenda item.
Implications of City of Hanover Development Moratorium
Councilor Lymangood advised that the Court of Appeals had ruled against the
City of Hanover regarding their development moratorium. Requested
additional information from staff.
Wastewater Commission Discussion regarding I & I
Discussion was held regarding having Engineer Vander Top attend an
upcoming Wastewater Commission meeting to discuss I & I (inflow and
infiltration), how it pertains to the City’s comprehensive Land Use Plan, and
the role of the Wastewater Commission. It was agreed that Engineer Vander
Top would determine when it would be appropriate to discuss with the
Commission. Requested that staff develop suggestions as to how the City can
address, including a timeline per the comp plan and provide at a future
Council meeting.
Park Commission Organizational Meeting
Councilor Lymangood advised that he would not be attending the
organizational meeting of the Park commission on September 17, 2003.
MOTION by Thomas, seconded by Lymangood, and carried unanimously to
adjourn the meeting at 10:05 p.m.
_____________________________
Kary Tillmann, City Clerk/Treasurer
Septic Issue – 9435 County Road 101
NW League of Cities Meeting
City of Hanover Moratorium
Implications
Wastewater Commission and I & I
Park Commission Meeting
Adjournment