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Home My WebLink About2002-12-12 Council Minutes CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 1 The City Council met in regular session on December 12, 2002 at City Hall in Corcoran, Minnesota. Present were Councilors Bucher, Gageby, Gmach, Guenthner and Thomas. Also present were Administrator Vergin, Clerk/Treasurer Tillmann, Engineer Vander Top, Attorney Carson, Police Chief Schutte, and Public Works Superintendent Meister. Mayor Guenthner called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. MOTION by Gmach seconded by Bucher and carried unanimously to approve the agenda with the following additions: • Presentation for Councilor Gmach years of service • Remove Werder Agreement from consideration • Update on extension of COPS Grant during Budget discussion Open Forum – There were no requests by the public to speak during open forum. Mayor Guenthner presented Councilor Gmach with a service award for his 15 years of service on the City Council. A public reception will be held for Councilor Gmach on December 19, 2002 at 7:30 p.m. at City Hall. MOTION by Bucher, seconded by Thomas and carried unanimously to approve the consent agenda as follows: 5.a. Approve the Regular City Council minutes of November 26, 2002, as presented. 5.b. Approve the Truth in Taxation Meeting Minutes of December 2, 2002, as presented. 5.c. Approve claims #3311 - 3370, in the amount of $35,222.25, as presented. 5.d. Adopt Resolution #2002-81, approving the lot consolidation requested by Thomas Lithgow including PID #02-119-23-44-0019 and PID#11-119- 23-11-0001, and directing the City Assessor to take the necessary action to record the consolidation, making one contiguous lot. 5.e. Approve the purchase of a snow plow for the Public Works Department in the amount of approximately $4,900 (including tax), with funds to be taken from the Snow and Ice Removal Budget instead of the 2003 CIP Plan, as recommended by Public Works Director Meister. 5.f. Adopt Resolution #2002-82, authorizing the City Administrator to enter into a contract with Ken Williams for the rental of 20 acres of cr op land located ½ mile north of City Hall on County Road 116, and also enter into a contract with Daryl Patnode for the rental of 22 acres of crop land adjacent to City Hall for a period of two years. 5.g. Approve the extension of the contract with E-Z Recycling for curb side recycling services until December 31, 2005, and authorize the Mayor and City Administrator to execute the contract on behalf of the City. 5.h. Adopt Resolution #2002-83, authorizing the termination of contract A04465 and the execution of contract A021026 with Hennepin County for access to computerized data. MOTION by Gageby, seconded by Bucher, and carried unanimously to adopt Resolution #2002-83, adopting the City of Corcoran Comprehensive Land Use Plan, including the Natural Resource Inventory and Management Plan. Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum Presentation of Service Award to Councilor Gmach Consent Agenda Approval Adopt Resolution #2002-83 – Comprehensive Land Use Plan CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 2 Planning Commission Blake Land Consolidation/Division Administrator Vergin provided an overview of the Blake Land Consolidation/Division request. The Blakes submitted an application for a land division/consolidation by metes and bounds. They would like to consolidate three existing lots into two lots, with one lot consisting of 38.68 acres, and one lot consisting of 15.91 acres. The property is zoned R-1 (Rural Residential) and consists of approximately 54.59 acres. The property is within the Rural/Ag residential area on the 2020 Land Use Map and is not subject to the current moratorium on development ordained by Ordinance No. 176. The applicant is requesting that the four remaining building rights transfer with proposed tract A. The Corcoran Planning Commission heard this request on November 7, 2002, and recommended that the application be approved with conditions as it meets the threshold for exemption from the platting requirement. MOTION by Gmach, seconded by Thomas, and carried unanimously to adopt Resolution #2002-85, approving the land division/consolidation application submitted by Con Blake for the property located at 23190 County Road 10, including parcels #07-119-23-41-0001, 07-119-23-44-0010 and 07-119-23-44- 0011, with conditions, as recommended by the Planning Commission. Lake Jubert Estates Septic Easement Administrator Vergin provided an overview of the septic issues concerning lots 7 and 8 of Block 1 – Lake Jubert Estates. The Planning Commission reviewed this matter on December 5, 2002 at the request of Wicklander Homes. Wicklander Homes pulled a building permit in June 2002 to construct a home on Lot 7. It has been determined that the primary and alternate septic sites have been disturbed. The home is currently under construction and until viable septic sites are determined, the Building Inspector has placed a stop work order on the project. The Wicklanders are requesting that they be allowed to obtain an easement for primary and alternate septic sites on Lot 8, and have indicated their willingness to work with the City in any manner deemed necessary to resolve the issue. Four septic sites have been identified on Lot 8. Options include replatting the two lots so that two septic sites are on Lot 7 and two on Lot 8, or allow them to obtain an easement and apply for a variance from the lot line and request vacation of the utility and drainage easements in the area. The owner of Lot 8 is agreeable to an easement if okayed by the City Council. Comments were heard from Rudy Wicklander regarding the status of the home construction. MOTION by Gageby, seconded by Bucher, and carried unanimously to have the applicant replat Lots 7 and 8 providing appropriate septic sites for both lots and instruct the Building Inspector to pull the stop work order on the project to allow the applicant to protect their investment, upon receipt of assurance by the owner of Lot 8 that the necessary portion of property will be conveyed to Lot 7. Blake Land Consolidation Adopt Resolution #2002-85 – Land Consolidation/Division Lake Jubert Estates Septic Easement Approve Replat of Lots 7 and 8, Block 1 – Lake Jubert Estates CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 3 Home Occupation McGee Conditional Home Occupation License MOTION by Bucher, seconded by Thomas, and carried unanimously to adopt Resolution #2002-86 approving the Conditional Home Occupation License (CHOL) for Tim McGee, 6951 County Road 101, for the purpose of producing plastic injection molds, based on the findings of fact on file with the City Clerk’s Office and with the following conditions: 1. The CHOL is issued to Tim McGee at 6951 County Road 101 and is not transferable. 2. No advertising signage for this business is permitted on site or off site. 3. All equipment shall be kept within the accessory structure. 4. Up to two on-site employees shall be permitted, with proof of employment before May 1, 2001 confirmed to the satisfaction of the City Administrator. 5. The applicant shall abide by and remain in compliance with all applicable Federal, State and City rules and regulations. 6. The City will review this license every three years from the date of issuance for a determination that the existing Home Occupation still warrants issuance of the license. 7. The City may revoke or modify the CHOL upon a finding that conditions have changed to warrant revocation or modification of the license. Feltl Conditional Home Occupation License This business requires a Conditional Home Occupation License (CHOL) because of the size and amount of equipment stored on site and the accessory structure used for the business. The Council is concerned with the amount of equipment used for the business (seven vehicles, four lawnmowers, bobcat and 3 trailers) and the fact that only one employee has been indicated by the Feltls. The Feltls were not present for comment. MOTION by Gmach, seconded by Thomas, to adopt Resolution #2002-87, regarding the CHOL requested by Don and Kristi Feltl at 7885 Kalk Road for a lawn mowing and snow plowing business. Roll call: Bucher, naye, Gageby, naye, Gmach, naye, Guenthner, naye, Thomas, naye. Motion failed. CHOL is hereby denied by the City Council. Unfinished Business G & M Properties Development Agreement Attorney Carson provided an overview of the developer’s agreement between the City and G & M Properties for site plan approval including variances and a conditional use permit for the development of property located at 23350 County Road 10, Loretto. There had been concern raised previously by the Council regarding the granting of a setback variance for Parcel A (the site being developed, currently zoned commercial) from property to the east (Parcel B, currently zoned residential). The agreement assures compliance of setbacks upon future development of Parcel B. Adopt Resolution #2002-86 – McGee CHOL Deny Feltl CHOL application CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 4 MOTION by Thomas, seconded by Gmach, and carried unanimously to approve and execute the developer’s agreement between the City of Corcoran and G & M Properties as presented. Appointment of City Planner Discussion was held regarding the appointment of the City Planner for the City of Corcoran. The Selection Committee has submitted a recommendation to the City Council to appoint Landform to perform planning services for the city. Councilor Bucher expressed concern about the lack of documentation presented regarding the selection process. Councilors Gageby and Gmach expressed that the recommendation of the selection committee should be enough as they were under the direction of the Council to narrow down the list of applicants and make a recommendation. It should be noted that the comparison matrix and staff and committee reports are on file at City Hall. Comments were heard from David Andersen, Selection Committee regarding the process that was followed. Stated that some items were not quantifiable (i.e. comfort level with staff, creativity, personality, etc.). Attorney Carson advised that the selection process was more than sufficient for hiring a contractor. Administrator Vergin advised that the contract with Landform had been reviewed and several points renegotiated to bring a fair price to the City. It also meets the confines set by the City’s budget. NAC will be given a 30-day notice per their contract. Landform has given verbal confirmation that they will not conduct work for any private parties doing business in Corcoran while working for the City, with the exception of work that is already in process and nearing completion, those being Milow Electric, G & M Properties, and Mama G’s. MOTION by Gageby, seconded by Thomas, and carried unanimously to appoint Landform, and Kendra Lindahl, Principal, as City Planner for the City of Corcoran, and direct staff to execute the contract on behalf of the City, giving proper notice to NAC that their services will no longer be used. Adoption of 2003 Levy and Proposed Budget MOTION by Gmach, seconded by Gageby and carried unanimously to adopt Resolution #2002-88, adopting the Final 2003 Budget and Tax Levy 2002, collectible in 2003, setting the total levy at $1,452,539.00, and direct the City Clerk to transmit a certified copy of said resolution to the Hennepin County Auditor. Administrator Vergin advised the Council that Police Chief Schutte had requested an 18-month extension to the City’s COPS grant and has not received word if that request is approved. Office Hours for 2003 Discussion was held regarding a proposal to change City Hall office hours to Monday through Thursday, with Fridays closed. The Council feels that more public input is needed before such a change would take place, and does not feel it appropriate to close the office one day per week, even though there would be Approve Developer’s Agreement – G & M Properties Appointment of City Planner Approve Contract with Landform for Planning Services CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 5 Adopt Resolution #2002-88 – Final Budget and Levy 2003 City Hall Office Hours monetary savings in the amount of overtime paid to hourly employees. Directed staff to look into other options for consideration at a future meeting. New Business Xcel Energy Franchise Agreement Attorney Carson was present to discuss the Franchise Agreement with Xcel Energy. There are several issues that cause concern, especially in regards to Right of Way, dispute resolution, improvements and length of agreement. Staff was directed to continue negotiations with Xcel regarding these issues and report back to the Council. PUD Ordinance Administrator Vergin presented possible implementation schedules for a PUD Ordinance in the City of Corcoran. In order to continue, an agreement would need to be reached with Milow Electric to waive the 60-day rule in relation to their project. Staff will meet with Milow representatives to discuss alternatives. It is prudent to also continue with the PUD process. Council agreed to proceed with the most practical schedule presented. Reports Mayor/Council Councilor Thomas was designated as the City Council representative to attend the January 2, 2003 Planning Commission meeting. Mayor Guenthner requested that Councilors interested in attending the Elected Officials Training or the State of the Cities Conference offere d by the League of Minnesota Cities contact Clerk Tillmann to make arrangements. Mayor Guenthner requested that staff looking into setting of training sessions/seminars about Planning issues for the Planning Commission and City Council. Mayor Guenthner will be attending a meeting with Commissioner Penny Steele, Engineer Vander Top and representatives from Hennepin County and the Hennepin Conservation District regarding Rush Creek Flooding on Monday, December 16 at 4:30 p.m. Councilor Gageby attended the NW League of Cities meeting. Reported that other cities have expressed concern about the increase in cost for Fire protection services. It is possible to negotiate cost of services for 2003. Also discussed law enforcement labor union negotiations. Council was reminded that a public reception will be held for Councilor Gmach on Thursday, December 19, 2002, at 7:30 p.m. MOTION by Bucher, seconded by Thomas, and carried unanimously to adjourn the meeting at 8:36 p.m. ___________________________ __ Kary Tillmann, City Clerk/Treasurer Xcel Energy Franchise Agreement CITY OF CORCORAN REGULAR COUNCIL MEETING DECEMBER 12, 2002 H:\City Hall Information\CITY GOVERNMENT\Council, Commissions & Committees\Council Information\Council Minutes\Previous Years\2002 - Need to PDF\12.12.02 Council Minutes.doc 6 PUD Ordinance 01/02/03 Planning Commission Representative League of Minnesota Cities Trainings Rush Creek Flooding NW League of Cities Meeting Reception for Councilor Gmach Adjournment