HomeMy WebLinkAbout2003-09-25 Council Minutes
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
1
The Corcoran City Council met in regular session on September 25, 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, Planner
Lindahl, Attorney Carson, and Engineer Vander Top. Acting Mayor Gageby
called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance
to the flag.
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.
MOTION by Bucher, seconded by Thomas, and carried unanimously to
approve the agenda with the following revision:
• Consolidate discussion of items 8.c. Rush Creek Drainage Timeline and
8.f. Meadow Lane Drainage
Open Forum
There were no requests from the public to speak during open forum.
Consent Agenda
MOTION by Bucher, seconded by Thomas, and carried unanimously to
approve the consent agenda as follows:
a. Approve the Regular Council meeting minutes of September 11, 2003, as
presented.
b. Approve the City Council Budget Workshop minutes of September 11,
2003, as presented.
c. Approve the payment of claims #1760 - 1799, in the amount of
$137,985.31, as presented.
d. Accept the Budget Analysis for the month ending August 31, 2003, as
presented, with the acknowledgement that Councilor Lymangood abstains
from the approval of the investment report due a potential perceived
conflict of interest because of the nature of his outside employment.
e. Adopt Resolution #2003 – 57, scheduling an assessment hearing for the
improvements to Chisholm Trail for Thursday, October 9, 2003 at 7:00
p.m., directing the City Clerk to notify all affected property owners, and
allowing pre-payment of the assessment by property owners.
f. Adopt Resolution #2003 – 58, dissolving and terminating the Conditional
Use Permit for Greg Ebert for the excavation and filling of 60,000 cubic
yards of material at 6503 County Road 101 because the project has been
completed and all conditions were met and approved by the City Engineer.
Planning Commission Business
Immanuel United Methodist Church Lot Consolidation
Planner Lindahl provided a report on the Immanuel United Methodist Church
(IUMC) building expansion. The Church is requesting approval of a site plan
amendment and conditional use permit amendment to expand the existing
church. The proposed 3,520 square foot addition would be constructed on the
Call to Order
Roll Call
Pledge of Allegiance
Responsibility of Acting Mayor
Agenda Approval
Open Forum
Consent Agenda Approval
Immanuel United Methodist
Church Lot Consolidation
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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south side of the building for a new entrance and classrooms. Additionally,
they are requesting approval of a lot consolidation for the two existing lots that
separate the buildings from the parking area. The Planning Commission, at
the
September 4, 2003 meeting, unanimously recommended approval of the site
plan and conditional use permit with additional conditions related to the
parking lot curbing and landscaping and the timing of those improvements as
follows:
1. The parking lot must be upgraded to include B6-12 curbing around the
perimeter of the site. Surmountable curbing is permitted on the south
boundary of the parking lot to permit natural drainage to continue.
2. The proposed parking lot islands shall be delineated with curbing and
landscaped. A landscape plan shall be submitted for staff review.
3. Timing of the parking lot improvements shall be coordinated with the
County Road 101 access and road improvements required by
Hennepin County.
At the Planning Commission meeting, the applicant noted that they had not
intended to make any improvements to the parking lot, and were requesting a
variance from the City’s ordinance standards, which requires the parking lot
be brought up to code when an expansion of 10 percent or more is added to a
building. The Planning Commission advised that they did not want to set a
precedent by allowing an exemption and recommended approval of the request
with several conditions, as noted above. Hennepin County has indicated a
willingness to allow the church to phase the required improvements, and will
allow the applicant to complete the County road improvements by October
2004. The Planning Commission also recommended approval of the lot
consolidation.
Steve Fischer, representing IUMC, advised that IUMC agrees to all conditions
as they have been discussed.
Councilor Bucher expressed concern that the extent of the County Road 101
reconstruction is unknown at this time. We do not know how much right of
way the County will request. Planner Lindahl advised that most likely it
would be an additional 17 – 27 feet from centerline. The current facility is set
back 63 feet from center, and the expansion is approximately 20 feet beyond
that. Further discussion included if the allocation of additional right -of-way
could be made a condition of approval. Planner Lindahl advised and Attorney
Carson concurred that it could not because IUMC is not platting or
subdividing the property, merely expanding the building.
MOTION by Lymangood, seconded by Bucher, and carried unanimously to
adopt Resolution #2003 – 59, with attachments, as amended, approving a lot
consolidation for Immanuel United Methodist Church, for property located at
10025 County Road 101, as recommended by the Planning Commission, with
the following conditions:
1. The lot consolidation is approved in accordance with the plans received by
the City on July 14, 2003 and revisions received August 18, 2003, except
as amended herein.
Adopt Resolution #2003 – 59,
approving lot consolidation
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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2. Complete legal descriptions for the existing lots shall be recorded with the
lot consolidation.
3. The development shall comply with the R C-1 district standards. No
variances are granted or implied.
4. Driveway access shall be limited to one access for the parsonage and one
access for the church.
5. Any work within the county right-of-way will require a permit from
Hennepin County.
6. Approval is subject to Hennepin County review of the request. The
applicant must comply with any conditions of approval from the County.
7. Prior to recording the lot consolidation, the landowner shall dedicate 10-
foot drainage and utility easement along the new lot lines.
8. The Building Inspector must approve the soil percolation tests and septic
system designs prior issuance of building permits. A primary and an
alternative septic site must be identified. Septic sites must be staked and
fenced prior to beginning any construction on site.
9. The septic system for the parsonage must be brought up to standard.
10. All drainage and utility easements must be staked, surveyed and properly
recorded prior to beginning any work on site.
11. The landowner shall comply with the Wetland Conservation Act.
12. Best Management Practices (BMPs) for erosion control shall be
employed.
13. The applicant shall provide the City with a map showing the location of
drain tile and direction of flow on both parcels. The applicant should
provide the City with an easement over the drain tile to ensure that
adequate drainage is maintained.
14. Prior to issuance of building permits, the lot consolidation must be filed at
Hennepin County. Proof of recording must be submitted to the City.
IUMC Site Plan Amendment and Conditional Use Permit Amendment
Discussion was held regarding the potential construction of an interchange at
I-94 and County Road 101, north of Corcoran. Planner Lindahl advised that
she had contacted Jim Grube, Hennepin County Transportation, who
confirmed that this is a possibility in the future, however, it is significantly
dependent upon a new bridge crossing the Mississippi River in Dayton.
MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt
Resolution #2003 – 60 as amended, approving a site plan amendment and
conditional use permit amendment for Immanuel United Methodist Church for
property located at 10025 County Road 101, as recommended by the Planning
Commission, with the following conditions:
1. The site plan amendment and conditional use permit amendment are
approved in accordance with the plans received by the City on July 14,
2003 and revisions received August 18, 2003, except as amended herein.
2. Prior to issuance of building permits, the landowner must file the lot
consolidation at Hennepin County. The landowner must comply with all
conditions of lot consolidation approval.
3. The development shall comply with the R C-1 district standards.
IUMC Site Plan and Conditional
Use Permit Amendment
Adopt Resolution #2003 – 60,
approving site plan and
conditional use permit
amendments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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4. Signage must comply with the ordinance standards in place at the time of
permit application. The proposed signage does not comply with ordinance
standards, therefore, the applicant must other revise the plans to comply or
request a variance.
5. The existing north access to the church shall be closed.
6. Approval is subject to Hennepin County review of the request. The
applicant must comply with Hennepin County requirements regarding
access and right-of-way.
7. The grading plan shall be prepared by a professional engineer and is
subject to review and approval by the City Engineer. The grading and
drainage plan must identify the location of any drain tiles and drain tile
easements. as required as part of the Colebank lot division, which created
the subject property.
8. The addition shall be finished with brick and integral colored block.
9. Outside storage of materials and equipment is not permitted except in
areas designated on the approved plan.
10. All trash and recycling must be located inside the building.
11. The Building Inspector must approve the soil percolation tests and septic
system designs prior issuance of building permits. A primary and an
alternative septic site must be identified. Septic sites must be staked and
fenced prior to beginning any construction on site.
12. The septic system for the parsonage must be brought up to standard.
13. All drainage and utility easements must be staked, surveyed and properly
recorded prior to beginning any work on site.
14. The landowner shall comply with the Wetland Conservation Act.
15. No wetland impact is approved. The plantings and other impacts
should be located to avoid impacts.
16. Best Management Practices (BMPs) for erosion control shall be
employed.
17. Approval is subject to Hennepin County/ECWD review of the drainage
plan, erosion control plan and wetland delineation, as well as any
conditions.
18. The applicant shall enter into a Development Agreement with the City to
ensure that all conditions of approval are met. A financial guarantee for
the improvements shall be required.
19. The parking lot must be upgraded to include B6-12 curbing around the
perimeter of the site. Surmountable curbing is permitted on the south
boundary of the parking lot to permit natural drainage to continue.
20. The proposed parking lot islands shall be delineated with curbing and
landscaped. A landscape plan shall be submitted for staff review.
21. Timing of the parking lot improvements shall be coordinated with the
County Road 101 access and road improvements required by Hennepin
County.
Schmidt Final Plat Recording
Brief discussion was held regarding the Final Plat of Schmidt Estates. Due to
an error in the legal description, the final plat cannot be recorded with
Hennepin County until the proper title has been registered. The Schmidt’s are
requesting approval to begin construction on the home prior to filing the final
plat. Attorney Carson advised that an escrow agreement in the amount of
$9,000 has
Schmidt Final Plat Recording
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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been drafted, naming the city as an interested party in the agreement.
MOTION by Thomas, seconded by Bucher, and carried unanimously to
extend final plat approval of the plat of Schmidt Estates, located at 20125
County Road 30, and allow the applicant to move forward with construction of
the new residence, subject to the letter of undertaking submitted by Attorney
Stephen Nash, representing the Schmidt family.
Waste Water Commission Business
Council acknowledged receipt of the September 8, 2003 Waste Water
Commission meeting minutes as provided in the Council packet.
Administrator Vergin advised that some items would require council action,
and others were for information only.
Koble, 9435 County Road 101
The Kobles appeared at the July 24, 2003 City Council meeting requesting to
connect to services provided by the City of Maple Grove. At that time,
Council agreed to work with the Kobles and the City of Maple Grove through
an inter community agreement without annexation of the property to Maple
Grove.
Administrator Vergin reported that Gerry Butcher, City of Maple Grove, had
contacted her on Friday, September 19, 2003, advising that Maple Grove had
reconsidered the situation and is now agreeable to working with the Kobles
and the City of Corcoran to resolve this septic situation. It would be an
interim agreement between the cities to provide services, without annexation.
Administrator Vergin and Engineer Vander Top met with the Kobles last week
to discuss options. The Kobles had asked the city to undertake building a
system on their property and then assess the expense back to the Kobles
through their property taxes. Staff questioned if the City was willing to fund a
project for a resident and construct a project on private property. Attorney
Carson advised that the City could levy the assessment under MS 429.
Engineer Vander Top advised that the City had two options. The City could
begin by drawing plans, acquiring quotes, coordinate construction through an
assessment agreement and levy the project to the Kobles over time. Or, the
Kobles could hire their own engineer to develop plans, which would be
submitted to Corcoran, Maple Grove and Hennepin County to ensure that all
standards have been met, and they construct and finance the project
themselves.
Comments were heard from Harold Koble, who advised that they would
outsource and finance the project on their own. The Kobles would like
consideration in the future when sewer services are assessed when it comes to
that area because of what they will be paying to connect at this time.
Engineer Vander Top advised that in the interim, there might be throw away
costs similar to the Mama G‘s situation. This could be treated the same way if
it is not a permanent connection. The Brandywine subdivision would have
benefit in the future and an assessment could be sustained. It would be best to
address at the time of future improvement. Kobles are only receiving sewer
Extend Final Plat Approval of
Schmidt Estates
Acknowledgement of September 8,
2003 WWC Minutes
Koble, 9435 County Road 101
Public Comments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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services from Maple Grove. Other services, (water, streets, etc) would be
assessed like other properties in the future. This property will have paid a
charge to Met Council and will record at that time that the fee has been paid.
Councilor Lymangood expressed his concern that there is no identified policy
to bring water and sewer services to an existing neighborhood. Stated that he
is hesitant to bind a future City Council to a decision when there is no current
policy in place.
The Council took no action since the Kobles will be constructing their own
private system. Council will consider an agreement between Corcoran and the
City of Maple Grove in the near future.
Brolin, 19808 Olde Sturbridge Road
Clerk Tillmann advised that Mr. Brolin has been working with the City Waste
Water Commission and Building Inspector Kohnen to resolve his current
septic problem. At the September 8, 2003 WWC meeting, several options
were discussed, all of which were included in the Council packet. At this
time, the WWC is recommending that Mr. Brolin be allowed to commence
with Plan B, with the stipulation that the other two options are also available to
him in the future if the chosen solutions fail to be viable.
Attorney Carson has drafted a septic maintenance agreement between the City
and Craig and Rachel Brolin, outlining the repair and maintenance plan, as
recommended by the Waste Water Commission.
MOTION by Thomas, seconded by Bucher, and carried unanimously to
approve the Septic Maintenance Agreement between the City and Craig and
Rachel Brolin for the repair and maintenance of their septic system pursuant to
Plan B as presented, located at 19808 Olde Sturbridge Road, and authorize the
Mayor and City Administrator to enter into said agreement, and also approve
the alternative solution identified as Plan A, with the understanding that the
mound site will be preserved for future used if all options fail.
Roth, 19800 Olde Sturbridge Road
Mr. Roth is the neighbor of Craig Brolin. His system is also considered a
failed system. Mr. Roth appeared before the WWC on September 8, 2003 and
agreed to work with Building Inspector Kohnen to develop a solution for the
repair of his system. Mr. Roth will provide an update to the WWC in October,
which should be presented to Council on October 23, 2003. No action taken
by Council at this time.
Pederson and McStott – Appaloosa Woods/Peterson’s Oak Hill Addition
These individuals were present at the August 28, 2003 council meeting
addressing their concerns and desire to connect to sanitary sewer. Since that
time, it appears that Maple Grove will only consider servicing that area by
annexation. Staff is requesting direction from the Council at this time.
Pederson’s do not currently have a failing system, but they are concerned that
their system may fail in the near future. McStotts property will not support a
Brolin, 19808 Olde Sturbridge
Road
Approve Septic Maintenance
Agreement with Craig & Rachel
Brolin
Ed Roth, 19800 Olde Sturbridge
Road
Appaloosa Woods/Peterson’s Oak
Hill Addition
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
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septic system. They have not yet built a house on the property.
The following public comments were heard:
Dave McStott, 11375 – 70th Place North, Maple Grove – Was told after the
September 4 meeting between Mayors that Maple Grove is not interested in
pursuing a Joint Powers Agreement with the city for services to that area.
Questioned what their next step is. What will it take to get this issue resolved?
Where do we go next to take care of our sewer needs?
Jim and Kris Reynolds – They own a neighboring lot to McStotts and believe
that it was an error to allow properties in the area to be annexed and not others.
Their lot could support a system but Maple Grove said they should not put one
in. They stated that there are frightened people in the neighborhood because
of the potential for failed systems and no alternatives for service. They feel
they are stuck -- Maple Grove won’t agree to the Joint Powers Agreement and
Corcoran won’t allow any more annexation. Also has a concern about safety
and emergency response in the area due to the confusion of which properties
are Maple Grove and which are Corcoran. Residents want a good policy.
Thinks that Maple Grove won’t do a JPA because Corcoran receives the tax
revenues. There is no incentive for Maple Grove to cooperate. Questioned if
Corcoran already has the capability to provide services at this time, or if the
provision of services can be moved up sooner instead of following the
projected timeline in the comp plan. They feel that the City Council will see
many requests in the next 10 – 15 years. Something needs to be done.
Residents have limited financial means and are concerned that there is
nowhere to turn for a solution.
Sulaine Pederson, 19233 – 81st Place – They have a water spigot from Maple
Grove and sewer pipe runs in front of their driveway. Feels that it is not cost
effective to put money into a new on-site system and then be expected to
connect to services in the future. Questioned what the problem was with
annexation since the City has done it before.
Engineer Vander Top added that it is not fair for us to say that Maple Grove
has refused. Corcoran has asked for services, and Maple Grove has not
answered wholly. Suggested that Corcoran ask Maple Grove to tell us what it
will cost to provide services to the neighborhood so that we can talk to the
neighborhood about it. It has been difficult getting to that point. Suggested
that the City document some of recent requests for Maple Grove again and
request that this issue get resolved.
Councilor Lymangood stated that according to our records, Corcoran has
never denied a request for annexation to Maple Grove. The initial action
occurred 8 years ago under a different council. At that time, the consensus
was that if residents wanted the services, they were annexed to Maple Grove.
That doesn’t make sense to the current council, and it became a n issue this
year. Having people leave a community to acquire services is not standard.
Most typically, this type of situation is handled through a Joint Powers
Agreement (JPA). Council is empathetic to their situation and we have
attempted to address it directly with Maple Grove, but have not received a
specific request for
Public Comments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
8
annexation. Feels that there are three options for the residents and the City at
this time: enter into JPA with Maple Grove for provision of services to the
area; authorize annexation to the City of Maple Grove; or work with the Waste
Water Commission for alternatives to parcel specific septic needs.
Councilor Bucher added that the safety and emergency response issues also
need to be addressed, but should be addressed by staff separate from the sewer
issue.
Unfinished Business
Mama G’s Expansion/Rebuild
Engineer Vander Top reiterated that the Maple Grove is only willing to
provide service to the four acres currently being used by Mama G’s. It is more
of a transportation issue than a sewer issue. Administrator Vergin, Engineer
Vander Top, and Planner Lindahl met with representatives of Streeter
Companies and Mama G’s last week to discuss options available to the City at
the Mama G’s location. Staff feels that there are three viable options at this
time:
• The City allows Mama G’s to continue as a non-conforming structure
until such time as additional infrastructure services are available.
• Mama G’s constructs a temporary force main from the NE Elm Creek
Interceptor which is proposed to be at the NE border in the general
time frame of 2005, allowing the non-conforming structure to
continue until that time. Once the permanent infrastructure is built,
based on the sanitary sewer-phasing plan, the force main would be
abandoned and connection to the permanent infrastructure would be
required.
• Mama G’s rebuilds to meet conformance within the confines of the
four acres currently being utilized.
This is a policy decision that needs to be made by the council, which will take
some consideration by both parties.
Council questioned what would be the soonest reasonable estimate to get
sewer pipe to that area was told that if we follow our comp plan, the soonest
would be 2015. Engineer Vander Top advised that it would be timely to
discuss this with the Met Council to see when they envision services to this
area, to get their schedule and share ours with them. Council also questioned
how long Mama G’s would be allowed to be a non-conforming use.
Councilor Bucher added that at this time, he is not inclined to tell them to stop
what they are currently doing. It’s a business decision from their perspective.
Council should be willing to allow them to exist as they are currently if it is a
viable option to them. Council does not have all the facts tonight to
reasonably consider all the options.
Ken Streeter, Streeter Companies, made the following comments. Mama G’s
and Streeter Companies are sorry that we didn’t have success with Maple
Grove. We have worked very hard to t ry to get cooperation with Maple
Grove. Mama G’s appreciates the open discussion with the Council and
would like to stay in business as they are. Reminded the Council that they are
Mama G’s Expansion/Rebuild
Public Comments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
9
dedicated to making this corner viable for both Mama G’s and the city, and
they will stay just as committed in the future. The concept of a throwaway
force main needs to be explored and they will have to explore all the
alternatives relative to that corner and will continue to work with staff and
report back on progress periodically. They can use this time to prepare for
future and make a better project.
Engineer Vander Top advised that the issue with Maple Grove is sewer, but
they will need water service in that area too. Attorney Carson reminded the
Council that Mama G’s is currently operating under the 2nd amendment to the
development agreement. Suggested drafting an interim agreement that
contemplates a continued use and takes into consideration what is going on to
eliminate coming back to the Council on a regular basis for review or approval
of the agreement.
MOTION by Lymangood, seconded by Bucher, and carried unanimously, to
allow Mama G’s to continue operation as a non-conforming use, and direct
staff to draft interim use agreement to replace the development agreement that
expires on September 30, 2003.
County Road 101/30 Signalization
Engineer Vander Top reported that he had recently met with Hennepin County
staff to discuss planned improvements for intersection of County Roads 101
and 30. County staff has been directed to prepare a temporary signal
improvement. The City of Maple Grove recently approved a resolution
requesting cost sharing for the signal intersection. County Staff has indicated
to Engineer Vander Top that a minimal signal at this intersection will not
work. The intersection will require stoplights and other geometric
improvements. The draft plan identifies left turn lanes on all four legs of the
intersection, as well as
right turns for northbound 101 and westbound 30. Costs have not been
estimated at this time, however Engineer Vander Top has requested this
information. Once Hennepin County staff has completed the technical review,
the Board of Commissioners will consider the plan. Council discussed
funding for this type of project. Most often, projects of this nature are funded
by the local government, with a portion of the costs credited at the time the
permanent improvement is done. If the County financed the project, it would
come from their CIP.
Councilor Lymangood added that this improvement project is #21 on the
County’s list of intersections needing improvement. Suggested that Corcoran
respond in writing to Maple Grove’s letter, advising that the City is not having
dramatic growth that is the impetus for improvement at that intersection, has
limited funding and is inclined to participate with that understanding. Council
requested that staff review what would be required from the City at that
intersection, and update Council on those needs when appropriate. Feedback
from the County Board should be received within a month.
Engineer Vander Top advised that a similar improvement project is planned at
the intersections of County Roads 116 and 30 and 116 and 10, due to similar
Allow continued non-conforming
use and draft interim agreement
County Road 101/30 signalization
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
10
traffic needs. These improvements will be framed as part of the detour for the
County Road 19 improvement project, and will be funded by the County.
Rush Creek Drainage Timeline
A proposed work plan had been included in the Council packet to resolve the
Rush Creek Drainage issue. Engineer Vander Top advised that even though
the information was submitted in the form of a proposal, it was not a proposal
to do the work, but an outline of specific tasks necessary to do this work. The
memo estimated costs for a project but does not include construction costs.
There is no specific recommendation for the Council to act on at this meeting,
however, there are options to consider. The property owners can hire their
own engineer, possibly with Hennepin County participation, with the City
funding and doing the work.
The work plan also does not include if flood plains would be modified and
what impact that would have on other properties. Replacing the culvert may
solve the problem for two homes, but it would impact other properties.
Hennepin County is addressing the County Road 30 culvert. Hennepin
Conservation District has been absorbed by Hennepin County Environmental
Services, and they have the model for the floodplain. Suggested that Mayor
Guenthner contact Commissioner Steele regarding when the County will be
replacing the culvert. Replacing the culvert under County Road 30 will
provide temporary relief but will not solve the problem completely.
Councilor Lymangood suggested that the Council have a workshop yet this
year to address the possible allocation of funds in 2004 for a citywide
classification and prioritization of water issues. Administrator Vergin will
address with Mayor Guenthner when she meets with him on Friday afternoon.
Engineer Vander also advised that this culvert has been cleaned in the past by
Public Works staff.
The following comments were heard from the public:
Charles LaBerge, 9829 Creek View Circle – Questioned why the Council is
discussing this. All he wanted originally is to get the culvert cleaned out and it
still has not been done. Is not asking the Council to fix his problem. He’s
lived there for 22 years and did not have water problems for the first 19 years.
John Beddore, 9836 Rush Creek Boulevard – Feels that the solution is simple
and that the culvert needs to be cleaned and the silt removed from the creek.
Upset that nobody has asked them what they think would correct the problem.
He scheduled the meeting with Engineer Vander Top. The culvert has been
cleaned out, but has filled back in again.
Council took no action.
Meadow Lane Drainage
Engineer Vander Top advised that Burke and Hentges are scheduled to be in
court on October 1, 2003. Recently Mayor Guenthner facilitated mediation
between the two property owners with limited success. Mr. Burke has
Rush Creek Drainage
Public Comments
Meadow Lane Drainage
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
11
proposed a plan to re-grade the ditch along his property line to a location
towards the easement, as indicated in the feasibility report, at his expense.
Excess material will be used to fill the old ditch and re-grade his property.
Burke’s property may still be slightly raised, but the city may not have an
issue with that as long as the drainage way stays open. The City will assist
Burke with getting permits to do the work. All permitting agencies know of
issues involved with this project.
Vander Top suggested that it was reasonable to participate in the replacement
of the culvert under Anderson’s driveway. Feels that it is good that Burke is
willing to proceed and fund costs for the improvement, which would restore
drainage to previous conditions if it were done correctly. Mayor Guenthner
had communicated that he feels that this solution is fair. Reasonable sweat
equity on the part of the City would be appropriate. A new grading permit
may need to be issued and the City may want to be involved in inspections.
Nothing was resolved through the arbitration. Hentges did not want to
participate in a solution. Ideally both would. It is reasonable for Burke to
proceed as he can. This is a viable engineering solution to restore the drainage
to that area and it will improve the property so that it won’t flood as quickly,
however Hentges property may continue to flood as it does now.
Attorney Carson advised that the City has discretionary immunity in this
situation. Engineer Vander Top says that this is a reasonable engineering
approach. The solution outlined in the feasibility report included raising the
level of both properties. If the city is involved in any way, we should identify
if this improvement will impact other properties, based on engineering fact.
The following public comments were heard:
Jerry Burke, 21324 Meadow Circle – He is trying to protect his septic system,
which has flooded 8 times in last 10 years. He has to get all his water through
his yard through a 15” culvert. Feels he has the same problem as Rush Creek.
It is a private drainage system that was never intended to drain Hentges’ yard.
He needs to resolve this. Is willing to pay whole thing to get the yard
corrected.
William Hentges, 21310 Meadow Lane – Will not mediate with Burke
because he did not follow the setbacks as outlined by HCD. Encroachment is
against the law and is considered trespass. He met with Engineer Vander Top
regarding the feasibility report and was told that he would benefit from the
solution. Feels that Burke broke the law and created a problem for him, that
he won’t get anything out of this solution and yet the City expects him to pay
for it. Thinks it would be hard for a Judge to ignore that City has requested
engineering plans from Burk and they were not provided. The pond is 2 feet
from the property line.
Councilor Lymangood added that he previously spoke to HCD regarding this
issue. The City has already invested a significant amount of money to resolve
this problem, without cooperation from both parties. Expressed gratitude to
Burke for working with the city to resolve this problem as best as possible.
Questioned why the City would invest any more resources in this issue in the
Public Comments
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
12
absence of total cooperation from both parties. Feels that resources would be
better utilized to solve the Rush Creek issue.
Engineer Vander Top added that he feels what Burke is proposing to do is a
step in the right direction. Will restore drainage under normal conditions, and
is more of an improvement to Hentges’ property. It will change drainage in
some way, but not significant such that there would be damage to Hentges’
property. The improvement is consistent with what was outlined in feasibility
report. The City can attach language to the permit that states the City is
confident the improvement is consistent with the previous feasibility report.
There will be minor impacts but they are unknown at this time, and staff feels
that this improvement is justified.
MOTION by Bucher, seconded by Thomas, and carried unanimously to
authorize and direct staff to cooperate with Jerry Burke’s requests for
assistance in acquiring necessary permits for the improvements to his property
at 21324 Meadow Circle, provided the city’s interests are protected in the
process.
Acting Mayor Gageby declared a recess at 9:48 p.m. and reconvened the
meeting at 10:02 p.m.
TH 55/CSAH 19 Sanitary Sewer Proposal
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 proposal went to the Medina City Council for
review and they have declined participation with the City of Corcoran, as their
Comp plan doesn’t identify development in that corridor until 2020. It was
suggested that Mayor Guenthner meet with City of Medina Mayor Zietlow to
see if Medina is willing to discuss the issue with the City of Corcoran,
specifically if the City of Medina wants to cooperate with providing water
services to the commercial area if they are not willing to cooperate with
providing sewer services.
At the September 23, 2003 Zoning Ordinance Open House, discussion was
also held regarding the potential construction of a water tower in the City of
Loretto. Council feels it would be appropriate for Mayor Guenthner to discuss
this with City of Loretto Mayor Torve. If joint efforts cannot be achieved,
Corcoran needs to pursue other options for services to the SW corner.
Highway 55 Corridor Coalition Membership
Administrator Vergin advised that she had contacted Commissioner Steele’s
office regarding the membership fee for the Highway 55 Corridor Coalition.
She reported that the new fee schedule had been adopted at the September
meeting and would be in effect for 2004. For a city the size of Corcoran, the
fee will be $250 annually. Staff suggested that this be addressed in the 2004
budget process, and Council directed staff to bring back a resolution for
Authorize staff to assist in the
acquisition of permits
Recess
TH 55/CSAH 19 Sanitary Sewer
Proposal
Highway 55 Corridor Coalition
Membership
CITY OF CORCORAN
REGULAR COUNCIL MEETING
SEPTEMBER 25, 2003
13
consideration for the City of Corcoran to become a member in 2004.
New Business
There was no new business for consideration.
.
Staff Reports
Hage Drive Improvement Project
Engineer Vander Top provided a brief update on the Hage Drive Road
Improvement Project. A letter was sent to all Hage Drive residents advising
that final paving was scheduled for last week. However, inspections indicated
that some settlement is still occurring and small cracks are starting to develop
in some areas of the pavement. The type of cracking indicated that some
settlements in the areas of the drain tile and poor soils might be occurring.
Therefore, the wear course will not be put down until later this fall, or next
spring, to allow more time for deficiencies to be noted and corrected prior to
the final wear course being put down.
Moratorium Implications
Administrator Vergin advised that the requested information on Semler v. City
of Hanover was included in the Council packet. Development agreements
were in place at the time the City of Hanover put the moratorium in place and
the City lost the case on appeal. Councilor Lymangood noted the delicacy of
moratoriums and councils acting in the absence of proper experience.
Requested that a copy of the order be forwarded to the Planning Commission.
Council Reports
Municipal Development Group (MDG) Meeting
Councilor Lymangood met with representatives of Municipal Development
Group regarding the Economic Development Authority (EDA). Requested a
workshop session be scheduled in February or March 2004 with the Council.
MOTION by Thomas, seconded by Bucher, and carried unanimously to
adjourn the meeting at 10:07 p.m.
_____________________________
Kary Tillmann, City Clerk/Treasurer
Hage Drive Improvement Project
Moratorium Implications
Municipal Development Group
Meeting
Adjournment