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HomeMy WebLinkAbout2002-08-22 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 22, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\08.22.02 Council Minutes.doc 1 The City Council met in regular session on August 22, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gmach, and Guenthner. Councilors Gageby and Thomas were excused absent. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, and Engineer Vander Top, and Police Chief Schutte. Mayor Guenthner called the meeting to order at 7:01 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Bucher, seconded by Gmach, and carried unanimously to approve the agenda as presented. There were no requests by the public to speak during Open Forum. Shawn Irwin, Anderson Agency, presented an overview of the City’s insurance coverage’s through the League of Minnesota Cities Insurance Trust (LMCIT) for the period of August 2002 through August 2003. MOTION by Gmach, seconded by Bucher, and carried unanimously to accept the proposal for insurance coverage as presented, choosing $1,000 deductible premium option and the tort immunity limits on the liability coverage. MOTION by Gmach, seconded by Bucher, and carried unanimously to approve the consent agenda items as follows: • Approve the Council Workshop Minutes of July 25, 2002 as presented. • Approve the Regular Council Meeting Minutes of July 25, 2002 as amended. • Approve claims #2967 - 3006, in the amount of $66,135.54, as presented. Public Hearing – Hage Drive Improvements Mayor Guenthner closed the regular meeting at 7:17 p.m. and called the public hearing regarding the Hage Drive Improvements to order. Engineer Vander Top explained the Public Hearing process and provided an overview of the project. Bids were opened on Thursday, August 15, 2002. The Council now has three options: To accept the low bid and proceed with the project, reject all the bids and re-bid the project in Spring 2003, or discontinue the project based on the wishes of the neighborhood. The bids have been reviewed and the low bidder on the project was Buffalo Bituminous with a base bid of $80,600.00. The Engineer’s estimate for the project was $80,000.00. Some of the work is currently being completed by the City’s Public Works Department. More than 50% percent of the ditch work has been completed and all the trees that were to be have been removed have been taken out. There is some culvert work to be finished with the remaining ditch work. The total cost of the project is $152,222.50. Property owners will only be assessed for the pavement, shouldering and driveway costs. The amount to be assessed is $93,141.00, which will be assessed equally to the property owners. The assessment per lot equals $3,104.70. The project schedule was reviewed. The assessment hearing will be held in October 2002. At that time, the Council will set the interest rate and term. The following comments were received from the public: Called to Order Agenda Approval Open Forum Presentation – Shawn Irwin, Anderson Insurance Agency Accept LMCIT Insurance Coverage proposal Consent Agenda Approval Public Hearing – Hage Drive Improvements Public Comments CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 22, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\08.22.02 Council Minutes.doc 2 Ron Thames, 10117 Hage Drive – Questioned the difference in the quality of each of the bidders. Engineer Vander Top responded that each bidder bids the same job and specifications. He is confident that all four bidder s could complete the project satisfactorily. Speculates that the difference in the price of the bids reflects how busy the contractor is and their interest in the project. Linda Strate, 10227 Hage Drive – Does not see the need to pave the road. Glen Kero, 10205 Hage Drive – Questioned what impact settling of the drain tile will that have on the road in the future. Engineer Vander Top responded that they will not be putting the final bituminous layer on the project until Spring 2003 to allow for some settling of the road, so that the road will go through a freeze and thaw before the project is completed. Kay Bregel, 10430 Hage Drive – Is against the project. Questioned if all lots had the same frontage along Hage Drive and why property owners were not assessed according to the frontage they have on the road. Feels that improving the road will not increase the value of the properties and having gravel roads is part of the charm of a rural community. Engineer Vander Top advised that assessing according to lot frontage was an option, but were assessed equally because everyone uses the road the same. The City is required to be consistent when assessing property owners. In previous projects, property owners have been assessed equally and the City chose to assess in the same manner as past projects. MOTION by Gmach, seconded by Bucher, and carried unanimously to close the public hearing at 7:33 p.m. The regular City Council meeting was reopened. Discussion continued regarding the improvements to Hage Drive. Mayor Guenthner advised that by law, the City could not assess property owners for a project that does not create an equal or greater improvement to the properties being assessed. Property owners also have the right to challenge an assessment. Engineer Vander Top advised on the pros and cons of moving ahead with the project. Most neighbors are in favor of the project, although not everyone was able to attend the walk-through with staff. There were some concerns about the tree removal. Public Works will be completing the ditch work and drain tile in the near future. In September and October, Buffalo Bituminous will be working on the project. The Assessment hearing is tentatively scheduled for October 10, 2002. MOTION by Bucher, seconded by Gmach, to adopt Resolution #2002-57, ordering the improvement to Hage Drive as proposed in the Council resolution adopted on July 11, 2002, authorizing the City Clerk and the Mayor to enter into a contract agreement with Buffalo Bituminous for the improvements according to the plans and specifications on file in the office of the City Clerk, and direct the City Clerk to return all deposits made by all bidders for the project, except the deposit presented by Buffalo Bituminous and the next lowest bidder until a contract has been entered into. Close Public Hearing Adopt Resolution #2002-57 – Ordering Improvements to Hage Drive CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 22, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\08.22.02 Council Minutes.doc 3 Mayor Guenthner recessed the meeting at 7:35 p.m. and reconvened the meeting at 7:38 p.m. New Business Discussion was held regarding the Planning Application submitted by Louis Lazer to subdivide 4.38 acres from a 49-acre tract of land. Those 4.38 acres would then be attached to a 7.79-acre lot resulting in a 12.17-acre tract of land. The application meets the conditions to be exempt from the platting process. Right of way easements are being required consistent with other land divisions. The Planning Commission has recommended approval of this application with and additional condition that 10-foot utility easements be put in place on the interior of all four lot lines of the newly created 12.17-acre parcel. MOTION by Gmach, seconded by Bucher, and carried unanimously to adopt Resolution #2002-58, approving the Lot Division for property located in the Northwest Quarter of Section 15, as requested by Louis Lazer, and recommended by the Planning Commission, with the following conditions: 1. Right-of-way 40’ from the centerline shall be dedicated for Cain Road. 2. The 4.38-acre parcel shall be consolidated with the adjacent 7.79-acre site. 3. 10-foot drainage and utility easements shall be dedicated around all four interior sides of the new 12.17-acre parcel. Discussion was held regarding the Planning Application submitted by Tom Spiczka for a lot consolidation and conditional use permit. The first part of the request is to consolidate 4.38 acres of adjacent land with an existing 7.79 -acre lot resulting in a 12.17-acre tract of land. The second part of the request is for a conditional use permit to allow the existing buildings on the site, totaling 4,754 square feet, and allow Mr. Spiczka to move a 936 square foot garage to the property, which was built at his home in Maple Grove. Current City Zoning Ordinance requites a conditional use permit for accessory storage in excess of 3,175 square feet on parcels over 10 acres in size. The Planning Commission recommended approval of this application with conditions. MOTION by Gmach seconded by Bucher, and carried unanimously to adopt Resolution #2002-59, approving the Lot Consolidation and Conditional Use Permit to allow Accessory Structures totaling 5,690 square feet in size on property located at 9103 Cain Road, as requested by Tom Spizcka, and recommended by the Planning Commission, based on findings of fact on file in the City Clerk’s Office, and with the following conditions: 1. The buildings shall be used only for personal use. No commercial use of the buildings on the property shall be allowed. 2. Buildings shall not be located in the right-of-way or utility and drainage easements. Recess Lazer Planning Application Adopt Resolution #2002-58 – Lazer Lot Division Spizcka Planning Application Adopt Resolution #2002-59 – Spizcka Lot Consolidation and Conditional Use Permit CITY OF CORCORAN REGULAR COUNCIL MEETING AUGUST 22, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\08.22.02 Council Minutes.doc 4 Staff Reports Randy Neprash, Bonestroo, Rosene, Anderlik & Associates, presented information regarding the National Pollutant Discharge Elimination System (NDPES) as outlined in the Federal Clean Water Act. This program is intended to further reduce adverse impacts of water quality and aquatic habitat by instituting the use of controls on the still unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. According to the 2000 census figures, cities wholly or partially in urban areas will be regulated by the MPCA and the MEPA. Corcoran is considered to be partially in an urban area. Regulations are scheduled to be in place by March 2003. The League of Minnesota Cities will have a draft plan for implementation available. MOTION by Bucher, seconded by Gmach, and carried unanimously to direct staff to contact the League of Minnesota Cities and express Corcoran’s interest in participating in the drafting of the guide plan. Engineer Vander Top provided an update on Rush Creek Drainage issues. Hennepin County has drafted a letter to be forwarded to the County Public Works Director, requesting that Hennepin County do the modeling and analysis of what type of culvert would be needed under Rush Creek Boulevard and permitting. Hennepin County and Corcoran Public Works will work together to upgrade the culvert as long as the modeling demonstrates that there will not be a negative impact on downstream properties. Corcoran will draft a similar letter and forward to the Hennepin County Public Works Director. The Council agreed by consensus that this was appropriate action to take at this time. Administrator Vergin reported that Staff had met with Mama G’s management regarding the redevelopment of their property. A concept plan will be presented to the Council at the September 12, 2002 meeting. Councilor Bucher reported that the Facility Committee would present a formal report and building plan at the September 26, 2002 Council meeting. MOTION by Bucher, seconded by Gmach, and carried unanimously to adjourn the meeting at 8:19 p.m. _____________________________ Kary Tillmann, City Clerk NPDES Phase II Storm Water Guide Plan City Participation in drafting Guide Plan Rush Creek Drainage Mama G’s Redevelopment Facility Committee Adjournment