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HomeMy WebLinkAbout2002-07-25 Council Minutes - Part 2 CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\07.25.02 Council Minutes.doc 1 The City Council met in regular session on July 25, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Gmach, Guenther, and Thomas, Administrator Vergin, Clerk/Treasurer Tillmann, Engineer Vander Top, and Attorney Carson. Mayor Guenther called the meeting to order at 7:02 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Thomas and carried unanimously to approve the agenda with the following addition: • Update on Flooding in Rush Creek Area – Staff Reports There were no requests by the public to speak during Open Forum. MOTION by Gmach, seconded by Gageby, and carried unanimously to approve the consent agenda items as follows: • Approve the Regular Council Meeting Minutes of July 11, 2002 as presented. • Approve claims #2885 – 2936, in the amount of $79, 867.91, as presented. • Adopt Resolution #2002-50, approving the plans and specifications for the improvement to Hage Drive, and authorizing the City Clerk to advertise for bids for the improvement project, with bids to be opened at 10:00 a.m. on Thursday, August 15, 2002 in the Council Chambers at Corcoran City Hall. Public Hearing – Vacation of Cart Way Mayor Guenthner closed the regular meeting at 7:03 p.m. and called the public hearing regarding the vacation of a cart way to order. Engineer Vander Top provided an overview of the petitioner’s request for vacation of the cart way known as Kalk Road Extension. Mary and Bill Soligny own 96 acres of land, of which 40 acres were land locked and serviced by the cart way known as Kalk Road extension. They have since purchased an additional parcel that allows them to access the landlocked piece. They would like to vacate the cart way and create a new driveway to the 40 acre home site. They are asking that the cart way be vacated at the time their grading permit for the driveway is approved so that they can continue to access the home site. There is no legal record designating the cart way in any city or County records. The following public comments were received: Bill and Mary Soligny, petitioners. They have approached adjoining property owners to pursue a common driveway via the cart way, but others not interested. They will create a new driveway all on their property to access their home site. Jim Wawra, 21301 Larkin Road -- Adjoining property owner. Does not have any issues with vacating the cart way. Questions regarding the removal of one of two culverts of the cart way. Called to Order Agenda Approval Open Forum Consent Agenda Approval Public Hearing – Vacation of Cart Way Engineer’s Report Public Comments CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\07.25.02 Council Minutes.doc 2 Engineer Vander Top advised that the 2nd culvert under the cart way would have to be removed on Soligny’s side of the cart way and would be reconstructed on their property for the new driveway. MOTION by Bucher, seconded by Gmach, and carried unanimously to close the public hearing at 7:14 p.m. The regular City Council meeting was reopened. MOTION by Bucher, seconded by Thomas, to adopt Resolution #2002-51 granting the vacation of the cart way identified as Kalk Road Extension (full legal on file at City Hall) as requested by Bill and Mary Soligny and recommended by Staff. MOTION by Gageby, seconded by Thomas, and carried unanimously to amend Resolution #2002-51 to include a provision that the cart way will not be vacated until the Soligny’s grading permit is approved. Mayor Guenthner then called for a vote on the original motion, including the amendment to the resolution regarding the grading provision. The amended motion was approved unanimously. Unfinished Business Bina Land Division Discussion was held regarding the status of the land division application submitted by Ken and Marilyn Bina. Attorney Carson has prepared an agreement between the City and Bina for the dedication of normal and additional permanent easements on the plat of Bina Land Division for right-of-way, trails, drainage and utility purposes, and compensation for said right-of-way. The agreement has been reviewed by the County and Bina’s attorney and changes were recommended. Item #3 of the agreement will be amended to read “Bina, their heirs, or assigns shall be compensated….”. Engineer Vander Top advised that Hennepin County requested a change to Item #4 of the agreement to make clear that compensation will be based on the median value of other residential property acquisitions (easements) obtained from adjoining property owners for the County Road trail improvement project. The County also wanted it made clear to the Council that this agreement was between the City and Bina and that the payment made to Bina by the City could be used as one-half of the City’s portion of the easement. Bina advised the Council that he did not want to set a precedent for acquisition from other property owners, but that the agreement was acceptable to him with the changes. MOTION by Gmach, seconded by Bucher, and carried unanimously to approve the agreement between the City of Corcoran and Ken and Marilyn Bina for the dedication of normal and additional permanent easements on the plat of Bina Land Division for right-of-way, trails, drainage and utility purposes, and compensation for said right-of-way, as recommended by staff, and authorize the Mayor and Administrator to sign said agreement, on file at City Hall. Close Public Hearing Adopt Resolution #2002-51 Bina Land Division Approve Agreement CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\07.25.02 Council Minutes.doc 3 MOTION by Bucher, seconded by Gmach, and carried unanimously to adopt Resolution #2002-52, as amended, approving the lot division requested by Ken and Marilyn Bina with conditions, as recommended by the Planning Commission. New Business Wastewater Commission Discussion was held regarding the current membership of the Wastewater Commission (WWC) and activities of the Headwaters Rural Utility Association (HRUA). Attorney Carson read Resolution #1997-37, which states that the City was interested in partnering with the U of M, HRUC and the MPCA as they developed a pilot water quality cooperative under new legislation to own/operate alternative sewage systems. The Council was also advised that the City does have legal jurisdiction for permitting for septic installation per City ordinance and according to the Minnesota Pollution Control Agency (MPCA). The HRUA has installed septic systems without a permit from the City, and is of the opinion that they are exempt from acquiring City permits because they were organized by the MPCA. Attorney Carson advised that even though the HRUA was organized by the MPCA, that does not exempt them from local regulations. Comments were heard from Jim Bullert, Chair, Wastewater Commission, regarding the HRUA. Bullert advised that the WWC applauds the efforts of the HRUA and encourages their efforts to use alternative systems. However, they have not pulled permits for septic work, and the City and WWC does not know what they are doing, which is a concern. The WWC has also received complaints from contractors as to why the HRUA does not pull City permits for septic work. Discussion was held regarding the City’s relationship with the HRUA and the HRUA’s membership on the Wastewater Commission. Councilor Gmach expressed concern that an implied relationship between the City and the HRUA could be used to influence or create relationships with third parties. MOTION by Thomas, seconded by Gmach to rescind Resolution #1997-37 and remove Paul Jacobs and Bill Halverstadt as members of the Wastewater Commission. The motion and second were withdrawn by the motioners. MOTION by Thomas, seconded by Gmach, and carried unanimously to take action to rescind Resolution #1997-37. MOTION by Thomas, seconded by Gageby, to remove Paul Jacobs and Bill Halverstadt as members of the Wastewater Commission. Roll call: Gageby, aye; Gmach, aye; Thomas, aye; Bucher, aye; Guenthner, naye. Motion carried. Discussion was held regarding filling the open positions on the WWC. MOTION by Gageby, seconded by Thomas, and carried unanimously to appoint Wastewater Commission Alternate John Spaeth as a regular member of the WWC and direct staff to advertise the opening of one regular member seat and one alternate seat on the WWC. Adopt Resolution #2002-52 Wastewater Commission Rescind Resolution #1997-37 Remove WWC Members CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\07.25.02 Council Minutes.doc 4 Appoint WWC Member and advertise openings TIF Plan Administrator Vergin advised that she has begun negotiations with Juran and Moody for revisions/modifications to the TIF Plan. The revision can be completed at a cost not to exceed $5,000. Another meeting is scheduled for August 2, 2002 to discuss revisions to the plan if the Council chose to proceed. Administrator Vergin was directed by Council to proceed with the p roject with Juran and Moody. Home Occupations Mayor Guenthner provided an update of the Home Occupation Licensing hearing that was held on July 18, 2002. Four applications were scheduled to be considered at that hearing. One application was withdrawn and one did not attend the hearing, but that application was reviewed and subsequently approved to move forward. Some conditions for approval were placed on the applications. Recommendations will be made at the August 8, 2002 Council meeting. Discussion was then held regarding a process that should be followed for businesses that have made application for Home Occupation licenses and do not meet the set criteria. Administrator Vergin advised that an application that clearly did not meet the criteria had been received with fee payment. Attorney Carson advised the Council that if a requestor clearly does not meet the set criteria, any fee payment should be returned in its entirety. After extensive discussion, the Council felt that any application that clearly does not meet set criteria should receive notification from the City that the application is being rejected for that reason; that all fees should be returned. Administrator Vergin was directed by the Council to respond to the non- conforming applicant as appropriate and return the application fee. Staff Reports Engineer Vander Top provided an update on flooding in the Rush Creek area. Since the matter was discussed at the July 11, 2002 Council meeting, Vander Top contacted Hennepin County by phone and was advised that Design Staff in the County’s operations department would investigate the flooding and determine the best way to rectify the situation. His telephone conversation was followed by written correspondence mailed on July 25. He is currently waiting for a response from Hennepin County before contacting Hennepin Conservation District. Mayor Guenthner reported that he had discussions with Ken Doboszenski regarding his relocation proposal. Doboszenski is interested in transferring his business to a new location in phases. The current zoning plan was reviewed and they had discussion regarding the City’s comp plan. Mayor Guenthner advised that he might be meeting with Doboszenski again in the near future to further discuss relocation plans. MOTION by Bucher, seconded by Thomas and carried unanimously to adjourn the meeting at 8:20 p.m. ___________________________ __ Kary Tillmann, City Clerk Revise/modify TIF Plan Home Occupation Licensing Rush Creek Flooding Doboszenski Relocaton CITY OF CORCORAN REGULAR COUNCIL MEETING JULY 25, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\07.25.02 Council Minutes.doc 5 Adjournment