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HomeMy WebLinkAbout1997-10-23 Council MinutesCORCORAN CITY COUNCIL OCTOBER 23, 1997 169 CALL TO ORDER/ROLL CALL Mayor Larkin called the meeting to order at 7: 01. P.M. Present were Mayor Larkin, Council Members Ken Kluck, Dixie Lindsley, Ernie Mayers, and Ken Guenthner. Also present were City Clerk Stacy Doboszenski, City Planner Gary Eitel, City Attorney Jeff Carson, City Engineer Vince Vander Top, and Police Officer John Hamilton. There were approximately 12 people in attendance at the meeting. SET AGENDA There were the following additions to the agenda: • Resolution for Police Department to receive grant from the DNR added to consent agenda OPEN FORUM The following people addressed the Council during the open forum: Mayor Larkin mentioned a ticket Hubert Theis received from the Corcoran Police Department for illegal hunting. Officer Hamilton advised Mayor Larkin to have Mr. Theis call the police department. Mayor Larkin also spoke regarding Marvin Cummins' building permit application. Clerk Doboszenski informed Mayor Larkin that Mr. Cummins is scheduled to meet with Gary and Loren Kohnen next week. Troy Strubbe. 21250 County Road 10 Mr. Strubbe was present to discuss dogs running at large on his property. The dogs belong to his neighbor, Mrozek. He informed the Council that he and his wife were subpoenaed to appear in court. He was upset because Ellen, from Carson and Clelland, told him everything was settled out of court, without him knowing. He is also upset because the Mrozeks were only charged with a $1.5 fine. He asked the Council if that was enough considering the amount of time spent with the attorneys and the police. He then made a complaint to Jeff Carson regarding his staff. Jeff took Mr. Strubbe's phone numbers. Bob ..Seward. Corcoran Lions Club Mr. Seward was at the meeting to inform the Council that the Lions Club, with help from the JC's, would like to construct a 40' x 87' hockey rink. He was given authority to obtain quotes and received an estimate for approximately $12,000 (less lighting) to construct a rink for the younger hockey players. He would like to get started as soon as possible. Councilor Lindsley questioned what the City's portion of the cost would be. Councilor Kluck stated that they would only construct what the $12,000 would cover. Bob Seward stated that the rink will need more lighting. On a motion by Lindsley, seconded by Larkin, to go forward with the project to use the land. Motion carried unanimously. 170 PUBLIC HEARING ON PROPOSED ASSESSMENT OF 19200 81ST PLACE 1260 81ST PLACE, AND 19300 81ST PLACE Mayor Larkin opened the public hearing at 7:12 p.m. The following people addressed the council during the open forum: Shana Heisler. 1 200 81 st Place: Ms. Heisler stated she hoped that the assessment could be reduced. She mentioned the letter that she dropped off for the Council regarding the assessment. She further stated that they all felt forced to sign the waiver of assessment. Because of the poor way the project was handled, and way they were left out of things, she was hoping Corcoran would be able to help them out with the paying of the assessment. Mayor Larkin felt the letter was very critical and unfair. He felt that the people were being informed of the meetings that were held and the neighborhood meeting with Vince. He then showed the petition with nine out of twelve signatures to go forward with a $9,000 assessment. It was his understanding that $9,000 is what everyone is being assessed. The City could not subsidize the assessment, because the roads are getting paved all over. Ms. Heisler feels that this situation is unique. Stated they were not even informed of when the property owners annexed to Maple Grove. Frank stated that the people that wanted to go, went. Shana Heisler, 19200 81st Place: We've only lived there 2 years, and were unsure of what they were getting into. When annexation was discussed two years ago, she said that she was told that the properties around her could not be annexed because of the boundary line it would create. She feels that they are now the ones being forced to do something they don't want to do. Frank restated that everyone agreed to the $9000. Shana Heisler, 19200 81 st Place: The uniqueness of the situation may set a different precedence. Frank stated he could never go for the City putting money in. Shana Heisler, 19200 81 st Place: I bet that nobody has been in our situation before. Frank stated it can happen again as far as he is concerned and that her letter was very unfair. Shana Heisler, 19200 81 st Place: Feels the assessment is unfair. Frank stated whether it is paved or not, he could care less Shang Heisler, 19200 81st Place: I know you don't care. Stated that she feels that maybe they should have annexed, and go away to leave you alone. Councilor Lindsley asked what would have happen if the waivers were not signed? Shana Heisler, 19200 81st Place: They would have left it gravel in front of their property. Councilor Lindsley stated that's what happened down the road. She then informed Ms. Heisler that she should have attended the neighborhood meeting and that her letter is well written. Lindsley explained that the Council put Vince Vander Top in charge of coordinating this for the City . For them being accused for not caring is not fair. You've attended other meetings and never did you l71 speak up and say anything. Spa Heisler, 19200.8Ist Place: It all happened so quickly. She doesn't know who to blame. Councilor Lindsley asked to have a chronological order of events explained to her. Mayor Larkin stated Gerry Butcher is here and can explain. Lavonne e thal 19300 8 1 st Place: First of all, our cul-de-sac is now half the size. I'm trying to sell my house. Realtors are scared to death to show the house. I have tried to get help from the Council and haven't gotten any. All I wanted was to be left alone. She further stated that she didn't need these problems when selling her house, and is appalled that it has happened. She then proceeded to give an order of events: July 1st SRF, Maple Grove's engineering firm, stated that they are starting the project on August 4th. On July 30th Maple Grove wrote a letter stating they are doing a project and they will decide if they are tarring their street or not. On August 15th given letter stating give me $9000. She polled Council and Vince and asked if they were told that she was going to be assessed. Stated she cannot believe the Corcoran Council is joining with this coercion. She is willing to pay $2300, otherwise she would like to rescind the Waiver of Assessment. Councilor Lindsley stated she wants to talk about the sale of your property. Lavonne Odepthal. 19300 81st Place: What is the cost going to be for the utility improvements, nobody knows. Dave r asen Realtor for Lavonne Odenthal: Feedback on Lavonne's home is negative from realtors and clients. The first listing was during the excavation and it was hard getting to the property. He has had a lot of calls, but as soon as they arrive, red flags pop up. Not sure of what is going to happen in the future in regard to the utilities. Stated he is here to find out some regulations for what the new people are going to have to assume. It's hard to deal with the property when it is up in the air. Councilor Lindsley stated if she were a realtor, she wouldn't' deal with property until she had answers. Dave Meraasen_s_Realtor for Lavonne Odenthal: I've been here at the council meetings and am aware of $9000, that's what I've been telling them. Assessments are a red flag. He's been telling potential buyers that as long as the septic and well are working, they won't have to hook up to Maple Grove utilities. Mayor Larkin stated that if the septic fails, something has to be done about it. That's why people wanted to be annexed. Dave Meraasen, Realtor for ,Lavonne Odenthal: Is there anything stating that they have to hook up? Councilor Guenthner stated they can only hookup if they are annexed to Maple Grove and that decision remains with the homeowner. One question, for Jeff Carson, is to look into annexation procedures with land locked parcels. Jeff Carson stated as long as homeowner and cities agree it would be fine. 172 Councilor Guenthner asked if there would be any compelled annexation. Jeff stated not as long as the Cities agree. Councilor Guenthner's reaction to the road improvement is the same as any purchase agreement for pending assessments. Mayor Larkin then called on Gerry Butcher regarding any restrictions Maple Grove would have on the use of their utilities. I\ <J\+ll X 1.7UL411GL LJHULAUi Ur runic worn tor tng CY Male Mle Grove: Regarding requirements to connect to city sewer or water, what Ken mentioned is correct. His property owners are not required to connect to water. Neither is sewer with the exception of urban residents who have to connect in two years of availability. Corcoran properties cannot connect. Stated they are not interested in annexing properties, only people asking for assistance. Shang Heisler, 19200 81st Place: If Corcoran did decide to get its own system, would they be obligated to pay Maple Grove even if Corcoran's rate is lower? Gerry Butcher Director of Public Works for thg—C-i-ty of Maple rove: Question is if Corcoran had its own system, would they need to connect to Maple Grove's facilities. The answer is no. There is no agreement with Corcoran to pay or connect into Maple Grove's water and sewer. In the future, maybe we can work out an agreement or put your own pipe in right along side Maple Grove's. This goes back for many years. In Maple Grove it was not an easy situation where there were 80 property owners in Appaloosa Woods and most of the people were not ready for sewer and water but acknowledged the need. In 1994 80 people agreed to the need, ordered a project, and put in sewer, water, and streets. In 1995, four properties from Corcoran that annexed to Maple Grove and also received improvements. There was one property that came up with same scenario; Maple Grove on one side, Corcoran on the other. He stated that the gravel will be put at the same level as the bituminous and that more gravel does need to be placed on 81 st Place. Maple Grove wants to help Corcoran with Appaloosa Woods, they don't want to get involved with Corcoran's issues, but they do want to help. Stated you cannot make everyone happy. They allowed the property owner to make the choice to annex. Six property owners asked in March to be annexed. Both councils agreed and the municipal board agreed. That was the beginning of the project. Stated Maple Grove did contact Corcoran staff in regard to the property owner on north side, with first annexation, to have curb and street. They wanted to do what Corcoran would like to have done. Obviously, Corcoran is relying on property owners to do what they want to have done. Councilor Lindsley asked Gerry Butcher why do the residents know you, and I don't know you at all, if you are suppose to be working with the City. Why did you not call me as a Council person? Why is it that your Mayor did not return my calls? We did not have that much communication with you. Gerry Butcher Director of Public Works for the City of Maple Grove: I can't answer for the mayor. I will talk about communication. Our understanding at the time, is that Corcoran has had a petition for a street improvement anyway. Their assumption was that they were going to get the street, the question was your contractor or our contractor. The difference would be concrete curb and gutter. Back in August, August 8th, a letter was sent to Corcoran property owners letting them know the cost would be $9000 per lot with the assessment waivers. Everyone was sent letters at the same time. On August 21st Maple Grove received a memo from Lavonne Odenthal asking for a reduced cost. There was not an interest in reducing the cost. Maple Grove is charging a minimum of $9,000. For the three lots, the cost is running more than $9,000. Councilor Lindsley asked Gerry Butcher when he sent a letter to residents, did you copy Corcoran? 173 When the Maple Grove Council looked at Lavonne's letter, who responded? Gerry Butcher, Director of Public Works for the City of Maple Grove: I contacted Lavonne by phone. Councilor Lindsley asked Vince if he received a copy of the letter, Vince stated no. Lavonne Odenthal, 19300 81 st Place: I also asked Maple Grove to reply in writing. Gerry's answer was to call his bluff. Gerry Butcher, Director of Public Works for the City of Maple Grove: Yes, I did call and am positive that nobody responded in writing. Councilor Lindsley asked when Corcoran is due to meet with Maple Grove. Gerry Butcher. Director of Public )Yorks „for the City of Maple Grove: Typically in spring. Stated waivers were received by Corcoran, there was conversation between Corcoran and Lavonne. He received a letter from Corcoran that said go ahead and do street work, dated 9/29/97. Timing was important. Maple Grove sent a letter to Corcoran and indicated how payment might be ;Wade. Pay the full amount November 1, 1997, or if Corcoran wanted to spread over 20 years at 7.5% interest or use any other method Corcoran wants. Councilor Muck asked if the road in front of Corcoran residents was built to same standard as it was for Maple Grove's residents? Gerry Butcher. Director of Public Works for the City of Mahe Grove: Yes. He then explained the section of the road. Councilor Lindsley asked where is the portion that is half asphalt, half gravel. Gerry responded stating that they will add more gravel to the top and blend. Mayor Larkin stated it is very simple, the cost is $9,000, do you want it paved, or don't you. He then brought up the petition for the improvement in Corcoran. Beth Armbruster, 19260 81st Place: Isn't that the petition with the south end, were talking about the north end. Gerry Butcher. Director of Public Works for the City of Maple Grove: As a clarification on the petition, they asked Maple Grove to go ahead and keep on going at $9000. It would have cost more than that to keep on going. Jeff Armbruster, 19260, 81 st Place: I signed the waiver and have no problem. Feels everybody is missing the whole point. He asked the Council if they would want to know if their neighbor were going to belong to a different municipality tomorrow. Mayor Larkin stated it has always been his position that if people wanted to go, they can go. Jeff Armbruster, 19260 81st Place: Everything was a secret, the annexation, we had no input. Restated his question if your next door neighbor was going to Maple Grove or Medina don't you want to know? 174 Mayor Larkin asked Jeff Armbruster didn't you know that Ann Hoogland was trying for two years to get annexed. Councilor Guenthner stated that if people want to go and live in another city, sell your house and move. This is the responsibility of the elected governments to examine the annexation plan and exercise foresight. There was discussion between Mayor Larkin and Councilor Guenthner regarding the decision to allow the annexation. Mayor Larkin said it was a good decision when they told them that they wouldn't be held hostage. Jeff Armbruster, 19260 81st Place: Maple Grove came in and did all this work without council knowing about it. Stated he lived in Minnetonka where they did a similar project, and they came out three months ahead of time. This was done very sloppily. Not trying to renegotiate. If more annexations happen, everyone should be involved instead of taking care of a few people. Mayor Larkin stated he made a commitment three years ago to support people that want to go. Councilor Guenthner asked Vince what the likelihood would be that we would approve paving the south part of Appaloosa Woods. It seems to him there is general support, what would we end up charging? Vince stated $8000 to $9000 according to cost estimates and past feasibility studies. Councilor Guenthner stated by sometime next summer, Corcoran residents can expect that their road will be improved. Councilor Muck asked Council to look at their packet and see that he made a motion to approve the blacktopping. Mayor Larkin stated the question was that it was not unanimous. Jeff Carson stated that it was a matter of time to do the 429 project with public hearings and noticing. Councilor Guenthner stated Corcoran residents will have paved streets by sometime next year. Besides poor treatment, you will have been charged by staying in Corcoran . If we treat all residents the same and assess the same what will it be. How do we explain to people on the south that we subsidized you and not them. Not so sure how that would work. Stated it would not be fair to subsidize and penalize the community at large. This is equivalent to what the other assessment will be. Shang Heisler, 19200 81st Place_ Questioned why they are paying for the assessment when the project is not finished. Jeff Carson stated that the last lift is yet to be put on and it is not uncommon to do the project this way; this happens all the time. On a motion by Mayers, seconded by Muck, to close the public hearing at 8:14 p.m. Motion carried unanimously. Councilor Kluck feels the Council should assess what all Corcoran residents will be assessed. 175 Councilor Guenthner feels that if Corcoran's portion of the improvements comes in less, budget to pay back the residents the difference. Vince gave the background of the public informational meeting that was held. He explained they are getting much more street with concrete curb and gutter at a reasonable cost. There was a discussion among the residents, Council and Vince. On a motion by Guenthner, seconded by Muck, to adopt the Resolution with the addition of a paragraph five to state that upon the City improving the south portion of 81 st, in the event that the assessment is less than $9000, the City will reimburse these three property owners the difference between the $9000 and the cost of the assessment. Motion failed with Guenthner and Muck voting aye; Mayers, Larkin, and Lindsley voting no. Councilor Lindsley stated she feels they are setting a precedence for paying people back, how do we take care of other people. She would rather only assess $7000. Councilor Guenthner doesn't feel that there will be a precedence because of the uniqueness of the annexation. There was discussion among the Council on the assessment. Carson stated that he agreed that it will not be precedence setting, because you will not see these facts again. On a motion by Mayers, seconded by Muck to accept the resolution submitted with the packet, and to look at the assessments again in the spring. Motion failed with Mayers and Muck voting aye; Larkin, Lindsley, and Guenthner voting no. There was a discussion on the subgrade, curb, and gutter being a better project than what will be done in Corcoran. Gerry Butcher explained that the Maple Grove residents are being assessed $27,000, up to $35,000 for properties that can be divided, with utilities, but the street portion is more than $9000. Vince explained to Frank that curb, gutter, and one lift of bituminous has already been constructed for the three properties being discussed tonight. He also explained that Corcoran cannot assess these three parcels with the other twelve parcels next year. On a motion by Lindsley to assess them $7000. Motion died due to lack of a second. Butcher stated that Maple Grove would expect to be paid $9000, no matter what Corcoran charges. On a motion by Guenthner, seconded by Mayers, to reinstate Guenthner's original motion, to adopt Resolution No. 1997 - 78, A RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT OF 19200 81 ST PLACE, 19260 81 ST PLACE, AND 19300 81 ST PLACE with the addition of a paragraph five to state that upon the City improving the south portion of 81 st, in the event that the 176 assessment is less than $9000, the City will reirnburse these three property owners the difference between the $9000 and the cost of the assessment. Motion carried with Guenthner, Mayers, Lindsley, and Kluck voting aye; Larkin voting no. ITEMS RELATING TO THE REDEVELOPMENT OF AK AUTO LOCATED AT 19905 COUNTY ROAD 10, PID #26-119-23 11 0022 Gay showed overheads and slide photos of the AK Auto Parts location. He explained the history of the application made by Arnie Kral for a septic system variance. He explained to Council that there are two issues being discussed tonight. Issue One: Obtain a variance for just holding tanks instead of installing new mound system. Gary suggested that this should go before the Wastewater Commission after their adoption tonight. Issue Two: The second issue is economic incentive to acquire the existing building and pump island for $40,000, enter into a leaseback agreement with Arnie Kral, this provides Arnie with financial incentive to upgrade the building to a steel building with glass, move old building off site, and continue with phase two of the improvement. Gary's understanding is that the plan will go forward either as a pole type building or as a steel structure with economic incentive. Gary would also like to add that it is not a tax increment generating property, but lies within the area where the City can spend T.I.F. dollars. There was discussion between the council and Gary regarding the T.I.F. District and the contributing properties. Guenthner raised a concern of using T.I.F. dollars on non-contributing properties. Gary further explained the T.I.F. district and its use. Councilor Lindsley questioned the re -alignment of County Road 10. There was continued discussion on the uses of T.I.F. dollars and where they are best spent. Mr. Kral was present to confirm what Gary stated regarding the septic system. and the improvement of the site. He also stated that he does have interest in the proposal to buy his building and is willing to work with the City of Corcoran. Gary explained to the Council that there is no action required tonight on the use of T.I.F. to purchase the building. However, the issue of the holding tanks should be directed to the Wastewater Commission. On a motion by Kluck, seconded by Lindsley, to direct the variance application to the Wastewater Commission. Motion carried unanimously. CONSENT AGENDA Mayor Larkin questioned the bill from WSB & Associates for the engineering of Pioneer Trail west of County Road 19. Vince Vander Top explained the invoice and how engineering firms estimate their costs for the project. There was a discussion on how the Council controls the non -bid costs of the project. Council consensus was for the City to direct a letter to the engineer for a final cost of the project. There was also a question on the Wastewater Commission ordinance regarding filling in the number of commissioners and the term of the commissioner. On a motion by Kluck, seconded by Mayers to have staggering terms. Motion carried unanimously. 177 There was a discussion with Greg Ebert regarding the Sewer Task Force Committee being members of the Wastewater Commission. There was a discussion on the acquisition of $5000 from each the Lion's and the JC's and $1000 from the DNR for the purchase of two snowmobiles. There was a lengthy discussion on the size and configurations of the lots in Hunters Place. Councilor Muck stated that he is not pleased with the long narrow lots. Guenthner suggested incorporating lot width to depth ratio in with the comprehensive plan process. On a motion by Larkin, seconded by Guenthner, to approve the following consent agenda: • Approval of List of Claims #795 - 824 • Approval of the October 9, 1997 City Council Minutes • Approval of Ordinance No. 144, AN ORDINANCE ESTABLISHING A WASTEWATER ISSUES COMMISSION IN THE CITY OF CORCORAN • Approval of Resolution No. 1997 - 79, A RESOLUTION RELATING TO THE VARIANCE REQUEST OF JOHN FAIRBAIRN, PID #12-119-23 34 0010 • Approval of Resolution No. 1997 - 80, A RESOLUTION APPROVING RENEWAL OF CHARITABLE GAMBLING LICENSE FOR THE CORCORAN LIONS AT THE STANCHION BAR • ApprovaI of Resolution No. 1997 - 81, A RESOLUTION APPROVING RENEWAL OF CHARITABLE GAMBLING LICENSE FOR THE CORCORAN LIONS AT THE 10-50 CLUB • Approval of Resolution No. 1997 - 82, A RESOLUTION THANKING PATRICIA PUHLE FOR THE DONATION OF A 911 PHONE LOCATED AT THE ENTRANCE OF THE CORCORAN POLICE DEPARTMENT • Approval of Resolution No. 1997 - 83, A RESOLUTION REVISING RESOLUTION NO. 1997 - 62, A RESOLUTION GRANTING FINAL PLAT APPROVAL OF HUNTER'S PLACE, THE SUBDIVISION OF 80.59 ACRES INTO 8 RESIDENTIAL LOTS, LOCATED AT 10110 CO. RD, 116, PID #01-119-23 33 0001 • Approval of Resolution No. 1997 - 84, A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT - CALENDAR YEAR 1998 • Approval of Resolution No. 1997 - 85, A RESOLUTION AUTHORIZING CORCORAN POLICE DEPARTMENT TO PARTICIPATE IN THE SNOWMOBILE SAFETY ENFORCEMENT GRANT AGREEMENT AND EXECUTION OF THE AGREEMENT Motion carried unanimously. DISCUSSION Correspondence No action taken. ADJOURN Mayor Larkin adjourned the meeting at 9:50 p.m. ATTEST: Cit Cler Mayor