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HomeMy WebLinkAbout2003-10-09 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 1 The Corcoran City Council met in regular session on October 9, 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, Engineer Vander Top, and Public Works Director Meister. Acting Mayor Gageby called the meeting to order at 7:01 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 October, due to personal and work related conflicts. For 2003, Councilor Gageby serves as Acting Mayor in the Mayor’s absence. MOTION by Bucher, seconded by Thomas, and carried unanimously to approve the agenda with the following revision: • Discussion regarding cabin on Clemons property Open Forum There were no requests from the public to speak during open forum. Presentation Kristen Anderson, Superintendent, School District 883, presented information pertaining to the upcoming levy referendum for the Rockford School District. She advised that the referendum would help maintain reasonable class sizes, preserve programs services throughout the School District and keep a healthy fund balance. Corcoran City Hall is a polling place for ISD 883. There are 230 students from the City of Corcoran that attend schools in Rockford. Councilor Lymangood suggested that the City provide ISD 883 with a copy of our Comprehensive Land Use Plan and schedule a meeting to discuss future plans for the parcel of land next to the City Park, which is owned by the school district. Administrator Vergin will follow up with Ms. Anderson. Proclamation Acting Mayor Gageby read aloud a proclamation acknowledging the importance of quality after school programs in the lives of children, their families and their communities, endorsing the Lights On Afterschool! Program and encouraging the community to engage in innovative after school programs and activities that ensure that the lights stay on and doors stay open after school. Superintendent Kristen Anderson added that the Rockford School District is very excited about this program, which has been provided for several years. ISD 883 works very hard to make good programming available for all children in the district. Consent Agenda MOTION by Bucher, seconded by Gageby and carried unanimously to approve the consent agenda as follows: Call to Order Roll Call Pledge of Allegiance Acting Mayor Responsibilities Agenda Approval Open Forum ISD 883 Presentation Lights On Afterschool! Proclamation Consent Agenda Approval a. Approve the Regular Council meeting minutes of September 25, 2003, as presented. CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 2 b. Approve the payment of claims #1804 - 1833, in the amount of $40,531.77, as presented. c. Adopt Resolution #2003-61, approving the Conditional Home Occupation License for Rand Morris for the operation of a snow removal contractor at 10690 Trail Haven Road, with conditions, based on the findings presented at the September 18, 2003 Home Occupation Meeting, on file in the City Clerk’s Office. d. Adopt Resolution #2003-62, approving the Conditional Home Occupation License for Dean Adelman for the operation of Dean’s Plumbing, a plumbing contractor at 20080 Dassel Lane, with conditions, based on the findings presented at the September 18, 2003 Home Occupation Meeting, on file in the City Clerk’s Office. e. Adopt Resolution #2003-63, approving the Conditional Home Occupation License for Donald Feltl for the operation of a landscaping and snow removal contractor at 7885 Kalk Road, with conditions, based on the findings presented at the September 18, 2003 Home Occupation Meeting, on file in the City Clerk’s Office. f. Adopt Resolution #2003 – 64, approving the gambling application submitted by the United Foundation for Disabled Archers for a raffle to be conducted at Country Pizza Parlor. Public Hearing Acting Mayor Gageby closed the regular meeting at 7:27 p.m. and called to order the public hearing to consider the assessment for the Chisholm Trail improvement project. Engineer Vander Top provided a staff report on the status of the project. The purpose of the public hearing was to consider the assessment for the paving of Chisholm Trail. The total cost of the improvement will be $178,987.50, of which $68,400.00 has been contributed by the City. The balance, $110,587.50, is to be assessed equally amongst 18 property owners. Staff has proposed an interest rate of 7%, with a pay back period of seven years, which is the same as was assessed with the Hage Drive Improvement project completed in 2002. Public Works has completed the drain tile, ditching and culvert installation. Staff is recommending final approval of the assessment at this time. Public Comment The following public comments were received: Engineer Vander Top noted that a written objection had been received from Roger and Janet Hanson, 21650 County Road 30, who were also present in the audience. The Hanson’s driveway is on County Road 30 and they feel they receive no benefit from the paving of Chisholm Trail. Staff distributed photographs indicating that the Hansons also have a driveway on Chisholm Trail, which is used frequently to access an accessory building on their property. Engineer Vander Top advised that the Hansons were not assessed at the time the improvement to County Road 30 was completed. Chisholm Trail Assessment Public Hearing Public Comments CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 3 Richard Roberts, 9723 Chisholm Trail – Questioned when the road would be completed, if the contractor has been fully paid for the work and if the assessment could be paid based on the percentage amount of money the City has paid the contractor. Does not want to pay for a project that is not complete. Engineer Vander Top advised that the base course has been put down on the road, but the final wear course will be laid in the spring of 2004. The contractor, Buffalo Bituminous, has been paid for work completed to date, which equals approximately 60 – 70% of the project. However the City will retain a certain percentage of the final payment until the road is completed to the satisfaction of the City. Assessments are levied at one time, payable beginning in 2004, and it is not possible to levy a project in ph ases or certain percentages at a time. The City may levy the assessment anytime during a project once the contract has been awarded and final costs are known. The City will not receive any revenue from the project until 2004, and at that time, will only receive a portion of the total amount assessed to property owners. Janet Hanson, 21350 County Road 30 – Feels that they have received no value from the improvement to Chisholm Trail. The project has not improved their life or their property. They use the secondary access to the pole building infrequently. The improvement to County Road 30 has actually lowered their property values because of the number of cars that use the road. Acting Mayor Gageby advised that the amount of the assessment cannot total more than the value received by a property. Staff feels it is appropriate to assess the Hansons because of the active use of the secondary driveway, which also has a mailbox. Attorney Carson added that adopting the assessment signifies that the City Council is confident that value in the assessed amount is indeed added to the property. Residents have an opportunity to contest the assessment through the court system. If the court decides that the value added is not what was assessed, then adjustments will be made at that time. Barb Roberts, 9723 Chisholm Trail – Feels that it would be more appropriate to assess property owners for the percentage completed and then assess the remainder when the project is fully complete. Attorney Carson advised that a publicly funded project is not the same as private construction in that assessments are done at one time, not in phases. The City is permitted by State Statute to assess the project at this time, rather than upon completion, given that the full value of the project will be realized upon completion. Levying the assessment at this time indicates that the Council and staff are satisfied that the value is there and will be fully realized. Ernest Underwood, 9810 Chisholm Trail – Is concerned that after construction the road is now approximately four feet from his mailbox. Is very happy with the road so far and glad that it has been paved. His primary concern is with the distance between the mailbox and the road and also disagrees with the way property owners are assessed for the project. CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 4 Engineer Vander Top responded that there are issues with the locations of several mailboxes and those would be relocated as appropriate. Acting Mayor Gageby closed the public hearing at 7:55 p.m. and reopened the regular Council meeting. Councilor Lymangood suggested that the interest rate be set closer to the current market rate, rather than 7% because rates are lower today than they were when the Hage Drive project was assessed. Also feels that property owners are receiving a benefit already, because the road has been paved, which does provide a benefit to property owners. The road project will be completed before residents make the 2nd tax payment in 2004. MOTION by Thomas, seconded by Bucher, and carried unanimously to adopt Resolution #2003 – 65, adopting the assessment for the improvement to Chisholm Trail, as amended, setting the interest rate at five and one-half (5.5) percent, and direct the City Clerk to transmit a certified copy of said assessments to the Hennepin County Auditor to be extended on the property tax lists of the County. Unfinished Business Appointment to Watershed Commission Administrator Vergin reported that when Commissioner Stieg resigned from the Elm Creek Watershed Commission, he had recommended the appointment of Elwyn Manthei as his replacement. Commissioner Ken Kluck serves as the alternate to the ECWS, and would like to remain the alternate at this time. Council requested that Mr. Manthei complete a commission membership application, which is before the Council for consideration at this time. MOTION by Lymangood, seconded by Thomas, and carried unanimously to appoint Elwyn Manthei as a regular member to the Elm Creek Watershed Commission, to fill the term vacated by the resignation of Commissioner Stieg. Rush Creek Drainage Timeline Engineer Vander Top reported that the preliminary design for the box culvert under County Road 30 has been completed. Now a determination needs to be made regarding what approvals may be necessary from the DNR and FEMA. Weather permitting, the project could be bid and completed in October if permits are okayed by the appropriate agencies. The City could bid the project and seek reimbursement from Hennepin County in order to speed up the process. It may also be possible to move the low point away from Mr. Beddor’s driveway, but this has not been reviewed in great detail with the city’s Public Works staff. Discussion followed regarding interim solutions and what extent Council would like Public Works to participate, knowing that cleaning the culvert is an interim solution and won’t solve the problem. Public Works Director Meister stated that they could clean the ends of the culvert as has been done in the past, but is Adopt Resolution #2003 – 65, Accepting Assessment Appointment to Elm Creek Watershed Commission Appointment of Elwyn Manthei Rush Creek Drainage CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 5 hesitant to dig it out completely as it will fill up again. It was not completely cleaned out in the past due to concerns with high voltage wires on the south end, and high water on the north end of the culvert. Silt removed from the ends of the culvert was not removed from the area the last time it was cleaned out. It was suggested that the silt removed be offered to neighboring property owners. Public Works Director Meister will discuss with the neighbors. Engineer Vander Top advised that moving the low point of the road would require the removal of gravel and clay in an area 100 – 200 feet long, which is the distance between Mr. Beddor’s driveway and the culvert. This type of repair would cost approximately $2,000 - $5,000. Public Works staff is capable of doing this type of repair, which would take 2 – 3 days to complete. Engineer Vander Top reiterated the following Council requests stemming from discussion: The City Public Works Department will clean the ends of the culvert. Engineer Vander Top and Public Works Director Meister will explore the cost and time it would take to move the low point of the road and provide a recommendation to Council at a future meeting. It was also suggested that the City pursue modeling of Rush Creek and explore bank stabilization if necessary, with the understanding that may not be completed this fall. Administrator Vergin will coordinate a workshop session to address a city policy for drainage issues. Meadow Lane Drainage Engineer Vander Top advised that Burke and Hentges were in court on October 1, 2003. Before the hearing, the two parties were required to participate in a mediation session. Both parties agreed to work together with a contractor to correct the problem on their properties and to share the costs equally. They met with the selected contractor at the site earlier today. Engineer Vander Top was present. The city will review the submitted work plan and assist the parties in acquiring the appropriate permits. The City Public Works Department will also reset the culvert under Mr. Anderson’s driveway. Staff will be contacting the Andersons to request their participation in the resolution as well. The following public comments were heard: William Hentges, 21310 Meadow Lane – He and Mr. Burke are splitting the cost of the project equally. Feels that the City will receive greater benefit from this project and is requesting that they (Burke and Hentges) receive some consideration in the future when and if a clean out or project would be assessed back to property owners. Jerry Burke, 21310 Meadow Lane – The project proposed by the City Engineer totaled $33,000. Would like to be exempted from future assessments because of what they are paying for this project. They need the permits as soon as possible because they have scheduled the work to be completed in less than three weeks. Attorney Carson responded that this Council couldn’t bind a future Council to such an agreement. Engineer Vander Top added that their request for consideration was something that would have to be addressed at that point in Direction to Staff Meadow Lane Drainage Public Comments CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 6 the future. Councilor Lymangood added that the City had expended $11,290 on this issue since January 2003, not including the cost of staff time and materials to reset the culvert under Anderson’s driveway. Feels that the City’s contribution is more than adequate. Acting Mayor Gageby also added that no work could be completed until the permits were in place. Engineer Vander Top recommended that City staff facilitate the acquisition of necessary permits, request the. Anderson’s participation by granting a 20 foot easement and work with the City in resetting their driveway culvert. Council accepted the Engineer’s recommendation and directed staff to proceed as appropriate. New Business Framework for a New Understanding between Corcoran and Maple Grove Councilor Lymangood advised that he had drafted this document as a starting point for discussion with the City of Maple Grove to cooperate with the City of Corcoran to the mutual benefit of residents in both communities. In the past, Council had been addressing resident needs on an individual basis, however it seems appropriate to take a more global approach to issues that the two cities have in common. Council expressed their appreciation for a creative solution to many difficult issues and made suggestions to refine the document. Feels that this could be a good starting point to developing open conversation with the City of Maple Grove. Council also discussed the possibility of a joint task force comprised of elected officials, staff and residents of both communities to address common issues and deal with details not addressed in the document. Councilor Lymangood will make revisions based on discussion for review at the next Council meeting. Staff Reports Cabin on Clemons property Attorney Carson reported that a default hearing was held this morning, with the Judge ordering the removal of the cabin from the property within 30 days. The reason for the delay in prosecution was because the City had been advised that the owners were in the process of removing the cabin from the property, which has not happened yet. The jury trial for the criminal code violations is scheduled for November 12, 2003. Council Reports Parks and Trails Commission Grant Opportunities Councilor Gageby reported that the Parks and Trails Commission met on September 29, 2003 and discussed the possibility of a joint grant application with other jurisdictions to fund the development of the trail along County Road 19. Suggested completing an application as soon as possible to get in the current funding schedule, possibly applying with the Cities of Medina, Loretto and Hanover, and the Three Rivers Park District. Administrator Vergin Accept Recommendation and Direct Staff to proceed Framework for a New Understanding between Cities Cabin on Clemons Property Parks and Trails Commission Grant Opportunities CITY OF CORCORAN REGULAR COUNCIL MEETING OCTOBER 9, 2003 7 reported that she had met with representatives from the Three Rivers Park District about 18 months ago. At that time, the park district agreed to maintain the trail, however, the City had nothing in writing to that effect. Staff was directed to proceed forward with the grant application process and schedule a meeting with the City of Hanover regarding the trail project. Executive Closed Session Attorney Carson stated the following prior to the Council entering into executive closed session. The City of Corcoran has taken enforcement action against residents Steven Schmid, Georgia Wigen and HRUA. The suit has been answered and a notice of motion for sanction under MS 549.211 has been issued to the City by opposing Counsel. This raises issues that need to be addressed by the City Council and because of the particularities involved, an executive session is appropriate at this time. Acting Mayor Gageby closed the meeting at 8:54 p.m. to discuss pending litigation. Those present during the closed session included Councilors Bucher, Gageby, Lymangood, and Thomas, Administrator Vergin and Attorney Carson. The Chair reopened the meeting at 9:07 p.m. Attorney Carson advised that pending litigation was discussed. No action taken. MOTION by Thomas, seconded by Bucher, and carried unanimously to adjourn the meeting at 9:08 p.m. _____________________________ Kary Tillmann, City Clerk/Treasurer Explanation of Executive Closed Session Closed Meeting Re-open Meeting Adjournment