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HomeMy WebLinkAbout2009-11-12 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 1. CALL TO ORDER AND ROLL CALL The Corcoran City Council met on November 12, 2009, at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Thomas, Councilor Gmach, Councilor Hudok, and Councilor Milbrandt. Also present were City Administrator Donahue, City Engineer Torve, City Engineer Vander Top and Chief Gormley. Mayor Guenthner called the meeting to order at 7:00 pm. 2. PLEDGE OF ALLEGIANCE 3. AGENDA APPROVAL MOTION made by Thomas, seconded by Hudok, to approve the agenda as modified: Item 8a i should be categorized under Item 10a Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 4. OPEN FORUM None 5. PRESENTATIONS None 6. CLAIMS AS PRESENTED Escrow Claims MOTION made by Gmach, seconded by Thomas, to approve Escrow Claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Building Inspection Claims MOTION made by Gmach, seconded by Thomas, to approve Building Inspection Claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) All Other Claims CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 MOTION made by Gmach, seconded by Hudok, to approve all other claims as presented. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 5. CONSENT AGENDA 5A. Draft Minutes October 22, 2009 5B. Authorizing to purchase office chairs MOTION made by Hudok, seconded by Thomas, to approve the Consent Agenda. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 8. UNFINISHED BUSINESS 8A. Resolution 2009 -47 Public Hearing — Shannon Lane Special Assessment Hearing City Engineer Torve presented a summary of the project including the cost summary. The Feasibility Study presented a cost estimate of $115,769.30, the October mailing was $141,673.70 and the as -built construction costs is $141,822.60. Public Works installed gravel on November 4, so the project can be considered complete from the construction view point. Staff has discussed installing of railings at the culvert and that will be performed outside of the project budget. The residents were mailed a proposed value of $10,119.55 and the 100% assessment total for the public hearing is $10,130.19. There have been a total of 9 objection letters received before the public hearing. Assessments need to be at the auditor by the end of November to be placed on the tax roll for 2010. Public Hearing Mayor Guenthner opened up the public hearing at 7:10 pm. Public Comment Tom Cossette, 9200 Shannon Lane explained that he is representing the neighborhood group, which consists of 10 of 14 properties. He presented a summary to staff and the council members. The summary included points and questions given from the group that the council should consider when assessing the properties. He questioned if the replacement type of bridge is allowable or prohibited? He questioned if the bridge is part of a storm sewer system? He questioned how the interest rate that was referenced in the assessment notice of 5.5% was calculated? He questioned any appeals that occur is there CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 an appraisal allowance for the appellate as in an emanate domain case? The consensus of the neighborhood group is that they object to the assessment. Richard Zbikowski, 9101 Shannon Lane presented his feelings about the City's maintenance obligations that are to provide to the residents of Corcoran. He explained that he has heard there is to be an increase in market value of properties of Shannon Lane as a result of the improvement, but as of yet nothing has been presented to the residents of Shannon Lane. After Mr. Zbikowski's presentation he concluded that he objects to the assessment amount and feels there is no need for the extras. He explained that he would be ok with an assessment amount if the City did the replacement in kind bridge with the basic safety requirements and left out the extras recommended by the engineer. Clarence Mellang, 9021 Shannon Lane spoke about the MN Statute that allows the City to assess residents for projects that will benefit and increase the value of properties. He spoke about benefits of the bridge replacement and how it has affected properties of Shannon Lane. He also noted that since the bridge replacement there has been no increase of market values presented to any of the Shannon Lane properties. He concluded stating that there has been no measureable benefit or increase of market value to any of the properties, therefore he objects to the assessment. Mary Mickley, 9013 Shannon Lane explained that they are not the only fourteen properties affected by the bridge. If the bridge were to collapse the creek wouldn't be able to flow and that would affect properties up and down the creek. Steve Lucas Jr., 9215 Shannon Lane spoke about how a lot of people have to pay for the 35W bridge collapse, not just the properties affected by the bridge collapse, therefore he doesn't feel that the Shannon Lane properties should be the only ones that pay for the bridge replacement. MOTION made by Milbrandt, seconded by Thomas to close the Public Hearing at 7:42 pm. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Council Discussion Mayor Guenthner expressed his thoughts about some of the costs items being assessed to the residents of Shannon Lane. He felt that a couple of the public safety items incurred shouldn't have been assessed to any of the properties. He also explained the process of acquiring easements for three properties. He proposed that 60% of the costs be assessed to the residents and 40% of the costs be paid by the City. Councilor Gmach spoke about the engineering costs and he believes the costs were high due to some duplication occurring as the City transferred engineering firms during the CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 project planning. He feels that the total engineering costs shouldn't be assessed to the residents. Councilor Hudok expressed his feelings to what has been stated already and he is proposing that after some calculation he feels the total assessment amount should be a minimum of $44,000 — $45,000. Councilor Thomas explained his thoughts about the City doing the in kind bridge replacement and the need to find out the price to do the in kind replacement with the needed safety features. After finding the cost, that amount should be used as the basis for the assessment amounts. He feels that since the City wanted the extras when replacing the bridge than the City should pick up the costs of those extra's instead of them being assessed to the properties of Shannon Lane. Councilor Milbrandt explained that she agrees with what has been stated from other councilors and feels there needs to be a set process for the assessment. City Engineer Torve presented an analysis of the construction costs that have been calculated thus far. There was discussion about the engineering and legal standards of the project. It was noted that as elected officials the mayor and council members have an obligation to provide public safety to the residents, and therefore recommendations from the engineer are taken seriously and therefore the bridge was done to the standards of the engineer and MNDOT. There was more discussion about how the costs should be broken down and what the best formula for the assessments should be. MOTION made by Gmach, seconded by Hudok, to assess $63,000 to the fourteen properties of Shannon Lane. There was discussion about the basis of the $63,000 and whether or not this number is an equitable result for everyone involved. City Engineer Vander Top explained that to reach an assessment amount of $4,500 per parcel he reduced the engineering cost to $44,000 and deducted the items recommended by Mayor Guenthner of removing the gravel, the access road labor and the public works labor related to the emergency access. He also noted that $428 per parcel was added for the third easement. Acceptance of Resolution 2009 -47 as motioned above. Voting Aye: Gmach, Hudok, and Milbrandt Voting Nay: Guenthner and Thomas (Motion Carried 3:2) It was suggested that staff determine the date as soon as possible of when homeowners can pay their assessment without incurring any interest charges. CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 MOTION made by Gmach, seconded by Hudok, to approve Resolution No. 2009 -47. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 8B. Update on 2010 Budget Process City Administrator Donahue presented a revision of the proposed 2010 budget. There was discussion about Governor Pawlenty's $48,000 un- allotment. It was suggested that everyone review the revised proposed budget and it will be discussed on the November 23rd council meeting. i. AMM Membership — Legislative Policies City Administrator Donahue explained that this could be discussed during the budget discussion on the 23rd. It was suggested that Mayor and Council members take a look at the AMM's website. 9. PLANNING BUSINESS None 10. NEW BUSINESS 10A. Discussion of the Storm Water Illicit Discharge Ordinance City Engineer Torve explained that the City holds a Storm Water Permit from the MPCA as the entity "in charge" of the City's storm water system. The City is required to hold this permit. The City needs an ordinance regarding "illicit discharge" which implies a stronger process and penalties than the actual program. Illicit discharge can be described as "non storm water ". It was suggested that council review situations that may occur within the City that could fall under this ordinance, some include drain tiles, geothermal discharges etc. A valid portion of the ordinance is the authority for the City to investigate discharges to the City system. A copy of Medina's Ordinance was presented for review. It was questioned if the City were to adopt this ordinance does it apply to all surface waters or only surface waters that are regulated? City Engineer Torve answered that the ordinance covers all "waters of the state ". Which means all streams. lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof. There was discussion about this ordinance being reviewed and drafted during the ordinance update after the Comprehensive Plan is adopted. CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 There was discussion about who enforces the ordinance. It could be up to Public Safety or the Building Inspection to be the enforcer. 10B. Commissioners — Planning and Parks & Trails City Administrator Donahue explained that there are commissioners that have terms expiring at the end of 2009. He is asking for directions from the council on how reappointment and or recruitment should be handled for these positions. It was suggested that notices and applications be sent out to the commissioners that have a term expiring. It would be up to the commissioners to contact staff and fill out an application to get reappointed. A suggestion was made that there should be advertising of the open seats. Council consensus was staff to advertise for the open positions and to notify the commissioners that have a term expiring that if they want to remain on the commission they need to reapply. There was discussion about who is to receive the applications first, do the applications go to the commissions and than recommendations come to council or should the applications go right to council for appointments. It was decided that the applications would go to the commissions and the council; the applicants than will be invited to attend the council meeting to introduce themselves and council will vote on appointments. It was suggested that the process of appointment be printed on the application. 10C. Resolution 2009 -48 — Certifying 2009 Delinquent Dust Control Fees MOTION made by Hudok, seconded by Thomas, to approve Resolution No. 2009 -48, A Resolution Certifying the 2009 Delinquent Dust Control to the Hennepin County Auditor for Collection in 2010. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 10D. Resolution 2009 -49 — Certifying 2009 Delinquent Recycling Fees There was a question about the residents being notified of their delinquent fees. City Administrator Donahue answered that the delinquent amount shows up on their tax bill. It was suggested that council look into a better process in notifying the residents of the delinquent fees. MOTION made by Gmach, seconded by Thomas, to approve Resolution No. 2009 -49, A Resolution Certifying the 2009 Delinquent Recycling Fees to the Hennepin County Auditor for Collection in 2010. CITY OF CORCORAN CITY COUNCIL MEETING November 12, 2009 Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 10E. FBI National Academy — Chief Gormley Chief Gormley presented that he was invited from the FBI to attend a 10 week National Command Academy in Quantico, Virginia. MOTION made by Thomas, seconded by Milbrandt, to approve Chief Gormley to attend the national Command Academy for April 4 thru June 10, 2010 as described in the memo presented to council. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 11. UNSCHEDULED ITEMS None 12. STAFF REPORTS /MEMOS 12A. City Performance Report City Administrator Donahue presented an updated City Performance Report. The report presents the latest numbers and projections. It was suggested that council review the report and discuss at the November 23 meeting. 12B. H1N1 update Chief Gormley presented an update on the H1N1 Influenza. He explained how it is spread and what can be done to prevent spreading of the influenza. He also discussed what the Police Department has done to prepare for the pandemic influenza. 13. ADJOURNMENT MOTION made by Thomas, seconded by Hudok to adjourn at 9:37 pm. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Dan Donahue, City Administrator