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HomeMy WebLinkAbout2008-08-14 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on August 14, 2008, at City Hall in Corcoran, Roll Call Minnesota. Present were Mayor Guenthner, Councilor Jacobs, Councilor Hudok Councilor Thomas and Councilor Grabowski. Also present were Interim City Administrator Bodem, Police Chief Gormley, Public Works Superintendent Meister and Building Inspector Qualle. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. 3. AGENDA APPROVAL, Added Agenda Item 11 b. Include correspondence. MOTION made by Thomas, seconded by Grabowski to approve the agenda. Voting Aye: Guenthner, Hudok, Jacobs, Grabowski, and Thomas (Motion carried 5:0) 4. OPEN FORUM A Corcoran resident requested that the Council have the Foxline ditching project completed. A couple of the residents went to the neighbors to discuss issues and some of them thought the project was finished and some were not happy with what was done to the neighborhood. Staff will contact someone in the neighborhood to update them on the progress. It was suggested by the Council for Public Works to give an overview at the next council meeting of projects and priorities, and any issues. A Corcoran resident requested to the Council to review the open space ordinance while finishing the comprehensive plan. The resident suggested that the Council direct the Planning Commission and the Parks and Trails Commission to look at and revise the ordinance. A Council Member stated that this is on the agenda for the comprehensive plan. George Gmach spoke, representing Sue Vergin to discuss the human resource issues used in the termination process, by the Council, for her position as City Administrator. By the direction of the Mayor, the discussion was reverted to the unfinished business part of the agenda. 5. PRESENTATIONS No presentation items. 6. PLANNING No planning items. 7. UNFINISHED BUSINESS 7a. Sue Vergin Former City Administrator Sue Vergin requested an opportunity to address the Council about her termination. She distributed her presentation in writing to the Agenda Approval 00:34 Open Forum 03:17 07:29 08:36 Presentations Planning Unfinished Business 17:28 Page -1- CITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 Council. This is part of the appeal process. Sue Vergin stated that she feels her termination on January 10, 2008 was unjust. She believes she should have been allowed an opportunity to participate in the closed session of the council where reasons of termination was discussed. In order to be heard, she filed a grievance to address the items identified as reasons for her termination. Under the policy, the Council serves as the final authority in the resolution of the grievance. No action is required, but a written response needs to be drafted and approved. George Gmach finished his statement discussing the human resource issues used in the termination process. City Attorney will draft a written response for the City Council to review and provide to Sue Vergin. 7b. Dan Lange 40:22 Resident Dan Lange spoke during open forum at the July 24 Council meeting to address the Council on his concerns referencing the Police department. Dan Lange contests that backing down Hennepin County Road 19 and ultimately backing into his driveway is not a violation of Minnesota State Traffic Laws. He stated he has been advised on separate occasions by Hennepin County Sheriff's Office Patrol Deputies that he is not violating traffic laws. A meeting occurred between Dan Lange and the Corcoran Police Department to discuss the issues. The discussion ended with Dan Lange honoring the public safety request to drive forward the tractor - trailer into his driveway. In rare occasion, if Dan Lange has to back into the driveway, he would use his flashing /rotating safety lights and Corcoran Police would assist in providing additional traffic control. Dan Lange and Sons take extreme pride in their trucking operation and take safety very seriously. Corcoran Police Department and the Lange's feel this issue is closed and needs no further action by the City Council. The Council expressed their appreciation to Dan Lange for his flexibility and willingness to work with the City in reaching this agreement. 7c. Donita Properties — LOC Reduction At the developer's request, the Donita Plat was reviewed for consideration of release of the associated financial security. The original amount of security required as part of the Development Contract for this plat was $23,600. Site inspections were preformed by the City Engineer on August 15` and 5t. As a result, it was found that all improvements required by the development contract have been satisfactorily completed. It is the City Engineer's opinion that all financial security being held by the City on the development contract for the Donita Plat. can be released. The Council stated that there is not objection to the release of escrow. 7d. Hodgins — LOC Reduction Lecy Bros. Homes submitted a request to the City of Corcoran to review the 41:57 43:46 Page -2- CITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 financial security being held in associated development contract for the Hodgin Acres development. In review, the original amount of security required with the development agreement was $224,481. This included $50,356 collected as the Transportation Area Charge and $174,125 for project improvements. The Transportation Area Charge has recently been addressed by the Council under a separate action. This review concerns only the security for the project improvements. As of August 1, 2008 the City Engineer feels that all outstanding project improvement issues have been satisfactorily completed and that all financial security being held by the City on the Development Contract for Hodgin Acres can be released. Council did not object the release of the escrow but would like clarification on the amounts. 7e. Fire Works Ordinance At the July 24, 2008 Council Meeting a question was raised as to whether the City was adequately protected from liability when it allows a fireworks display pursuant to a permit. City Attorney Joe Langel reviewed the statutory requirements, but there is not much information beyond the need for a certified operator and adherence to the Fire Code. The City already has insurance requirements, as indicated in the permit. An ordinance was not found on this issue. It was suggested by the City Attorney that Council approve the drafting of an ordinance and a hold harmless /indemnification agreement to deal with future fireworks displays. Council directed staff to follow up and draft an ordinance. 46:03 New Business 8. NEW BUSINESS 47:43 8a. Steve Michael (Oswald property) and Mike Brady (Hope Church) — Land Development Steve Michael and Mike Brady discussed the possible land development ideas for their associated properties. The potential sale of the Meryl Oswald's 67 Acre parcel on the NW quadrant of Cty. 30 and Cty. 101 in Corcoran have come down to the certainty of the availability of city water from Maple Grove. No one will buy the property even as a below market price in this real estate environment without a guarantee that city water is available to the site. Also, just west of Meryl Oswald's property on Cty Rd. 30 is Hope Community church and Corcoran Investments, located on the corner of Cty. 116 and Cty Rd. 30. They will also need city water to pursue the plans for the Senior related development. Steve Michael and Mike Brady request that the City of Corcoran ask for and obtain a letter from the City of Maple Grove stating that the City of Maple Grove sell the City of Corcoran water at a mutually agreed to price and capacity. The Mayor to communicate with the Mayor of Maple Grove and will report back to council on Maple Groves response on the issue. Page -3- CITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 8b. St. Thomas Church — Maren Leuer, NorthMarq Associate — Land Swap discussion Maren Leuer, Land Brokerage Associate for NorthMarq, has been hired by St. Thomas the Apostle Church to assist in finding a future expansion site. Currently, the church operates multiple facilities on two parcels totaling 19.44 acres and located at the NW corner of Cty Rd 116 and Cty Rd 10. The church is looking for approximately 30 acres on which it could build new facilities in upcoming years. According to Maren Leuer, demographic studies show that it is most advantageous for the church to remain in the SE Corcoran Area. The City of Corcoran owns 78.88 acre parcel located at 8200 County Rd. 116 that falls within St. Thomas's target search area. NorthMarq estimates that there are approximately 35 excess acres on the southern most portion of this parcel that could meet St. Thomas' requirements. St. Thomas has no specific plans for the disposition of its current location and is inquiring whether the City of Corcoran would consider a property swap. St. Thomas would offer its current property in exchange for the excess land owned by the City. St. Thomas is not assuming that each of these properties is equal in value, so the exact terms of the exchange would need to be determined in exploring this idea further. It was recommended that the idea be explored further and possibly determine the values of both properties. Council suggested that the St. Thomas Church and NorthMarq refine their proposal to the next step. The Mayor appointed a working group of Councilor Thomas and Councilor Jacobs as a liason to work with to develop the concept and decide when it is ready to bring back to the council for policy handling or for reporting discussion purposes. 9. CLAIMS AS PRESENTED 9a. Escrow Claims (Fund 500) Claim for Lecy Bros Homes is tabled for more clarification. MOTION made by Grabowski, seconded by Hudok to table the Escrow Claim (Fund 500) for Lecy Bros Homes. Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) MOTION made by Thomas, seconded by Hudok to approve the Escrow Claims (Fund 500). Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) 9b. Building Inspection Claims No building inspection claims 9c. All Other Claims as Presented Need more clarification on the Gartner Engineering Invoice for the General Fund. MOTION made by Thomas, seconded by Hudok to approve all other claims as presented. Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) 01:05 Claims as Presented 01:20 Page -4- CITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 10. CONSENT AGENDA 10a. July 24th City Council Minutes Page 3, move third paragraph to the second paragraph to be consistent with topic discussion. Page 3, strike l't sentence "Thomas inquired if the system is being setup so we can get the 240,000 gallons. Page 3, paragraph 6, line 5, strike bottom of and change "existing sewer" to "existing pipe ". Also Strike the sentence "It would go over a few stretches of manholes." Page 3, paragraph 6, line 8, change the word "bypass" to "parallel ". Page 4, paragraph 3, last sentence, add "that should add the right to charge for maintenance ". Page 6, under 7e, paragraph 4, change "updates" to "reviewed some items ". Also change "the rest for the other" to "another committee for ". Page 9, Under motion, change the resolution number to "30" and "31 ". MOTION made by Thomas, seconded by Grabowski to approve July 24 Council Minutes with the modification. Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) 10b. July 10th City Council Minutes revisited — Jim and Bette Lynch An E -mail from Mr. and Mrs. Lynch was received stating that they request the July 10 council minutes statement "Deming's and Lynch family dispute:" be changed. This statement is an incorrect image of the existing situation concerning a violation of Corcoran animal ordinances. A council member suggested striking "as it relates to the Deming's and Lynch family dispute ". MOTION made by Grabowski, seconded by Hudok to approve changing the July 10th Minutes with the modification. Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) 10c. Resolution 2008 -34 Election Judge Approval for Primary and General Election 2008. MOTION made by Hudok, seconded by Grabowski to approve Resolution 2008- 34. Voting Aye: Thomas, Grabowski, Hudok, Jacobs, and Guenthner. (Motion carried 5:0) 11. COUNCIL AND STAFF REPORTS lla. Administrator update from Mayor The appointed interview group has conducted interviews and have approved a candidate. An offer was made and the Mayor is discussing with the candidate Consent Agenda 01:28 01:38 Council and Staff Reports 01:43 Page -5- CITY OF CORCORAN CITY COUNCIL MEETING August 14, 2008 reasonable terms for the position. 11b. Correspondence The Mayor recommends that the Council take a look at the following correspondence received: Email from Bob Byers from Hennepin County regarding Stone's Throw Revised Preliminary Plat Memo regarding the Firearms Safety Course Letter from Chief Gormley regarding Dan Lange resolution. The Mayor summarized a meeting held with 1000 Friends. City of Corcoran made out an application to 1000 Friends for a planning assistance grant. The representatives of 1000 Friends delivered a powerpoint presentation of the program. Present in the meeting were 2 council members, 2 planning commission members, 2 parks and trail commission members and Interim City Administrator Bodem. 1000 Friends talked about the philosophy of the program which is to create a continuous and consistant planning process over a period of years. Also, what services they can provide the City, and they outlined the financial model which showed how the grant money will be made available over the term. 11. UNSCHEDULED ITEMS No unscheduled items 12. ADJOURNMENT MOTION made by Hudok, seconded by Grabowski, to adjourn at 8:55 p.m. Voting Aye: Guenthner, Jacobs, Hudok, Thomas, and Grabowski (Motion carried 5:0) Kim : achmeier, City Clerk Treasurer 01:46