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HomeMy WebLinkAbout2007-01-11 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 Former Mayor Cossette congratulated and encouraged the newly elected members of the council and thanked the staff for their support and assistance. ADMINISTER OATHS OF OFFICE Administer Oaths of Administrator Vergin administered the Oaths of Office to Ken Guenthner, Office Christopher Hudok, and Ron Thomas. CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on January 11, 2007, at city hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Grabowski, Councilor Jacobs, Councilor Hudok, and Councilor Thomas. Also present were Police Chief Roll Call Gormley, Public Works Director Meister, Administrator Vergin, and Clerk Lindberg. Mayor Guenthner called the meeting to order at 7:05 p.m. followed by the Pledge of Allegiance. Mayor Guenthner began the meeting by thanking Cossette and Lymangood for their dedicated service and welcoming newly elected Hudok and returning council member Thomas. Guenthner explained agenda action items would begin with allowing council members to ask fact questions of the staff, consultants, or presenters followed with a motion and then discussion of the item. AGENDA APPROVAL Agenda Approval MOTION by Thomas, seconded by Grabowski, to approve the agenda with the addition of 8.c. Review Preliminary Plat Process, 9.b. Council Meetings Being Held in Public, and 9.c. Council Notices and Mail. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) OPEN FORUM & ANNOUNCEMENTS: Open Forum & Contribution from Dan & Arlys Peterson, Resolution No. 2007-01 Announcements: Chief Gormley said Dan & Arlys Peterson generously donated $1,000 to the City of Corcoran’s Police Department requesting the donated funds be used toward the purchase of a surveillance camera for the police processing room. MOTION by Thomas, seconded by Grabowski, to approve Resolution No. 2007- 01 accepting a donation of cash from Dan and Aryls Peterson. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) SW District Project Update (TIF) - Joanne Foust, Municipal Development SW District Project Group Update (TIF) - Joanne Joanne Foust from Municipal Development Group used a PowerPoint presentation Foust, Municipal to present the Tax Increment Financing (TIF) Committee’s suggested financing Development Group tools for the Corcoran Southwest District infrastructure improvements. The committee recommended using the project specific basis to allocate approximately $2.5 million to United Properties (UP) as its portion of the total water and sewer improvements deemed necessary to serve its proposed development. 80% of United Properties’ share of the water and sewer cost would be collected at the time of platting the 51.4 acre business park; the final 20% share would be assessed against UP’s site as building permits are issued. The gap financing between the district’s total water/sewer costs and collection of United Properties’ Page -1- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 up-front and connection fees would be financed by issuing bonds. The committee recommended using $778,000 of TIF funds and charging UP and other sources with $500,000 to finance the trunk Highway 55 signal improvements. Of the $2,815,734 cost for the backage road and utility improvements TIF funds would pay $673,963 and $2,141,771 would be assessed to UP. Concerning other UP and United Land, LLC development agreement conditions, the committee suggested the inclusion of a waiver to appeal the assessments, job and wage goals, and default conditions. Foust presented a schedule for completing the final plat and development agreement process: January 25, 2007 – City Council reviews and discusses proposed draft development agreement with UP. February 1, 2007 – Planning Commission reviews the final plat and prepares a recommendation. February 22, 2007 – City Council acts on the final plat and development agreement. Guenthner requested staff to prepare a project timeline chart that shows the action items that need to take place; there are several actions that will need to run parallel with each other to meet the requirements of the grant funding and completion of the utility improvements. Guenthner reported he will be working closely with Administrator Vergin and City Engineer Vander Top to move discussions forward with Medina for the municipal utility system expansion. ANNUAL ORGANIZATION Annual Organization Annual Appointments, Resolution No. 2007-02 Annual Appointments, Jacobs requested each of the 22 items be discussed individually. Resolution No. 2007-02 1. Official Newspaper MOTION by Thomas, seconded by Guenthner, to approve item #1 of Resolution No. 2007-02 appointing Crow River News as the official newspaper. Jacobs asked the appointment be deferred because the Crow River News had not been reporting on the council meetings on a timely basis. Jacobs asked for a report on all revenue paid to Crow River News in the past three years. Then Jacobs asked to proceed with a request for proposal (RFP) from other newspapers. Guenthner explained that the approval of the official newspaper was to publish formal notices required by law; there was a distinction between legal publishing requirements and news reporting. Voting Aye: Guenthner and Thomas. Voting Nay: Jacobs, Grabowski, and Hudok. (Motion fails 2:3) MOTION by Grabowski, seconded by Hudok, to appoint Crow River News as the interim official newspaper for the City of Corcoran and direct staff to request from Star Tribune and Crow River News the publishing rates and Corcoran distribution numbers. Guenthner suggested if there were any other newspapers that should be invited to Page -2- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 send rates, notify the City staff within the next week or two. Voting Aye: Guenthner, Jacobs, Grabowski, and Hudok. Voting Nay: Thomas. (Motion carried 4:1) 2. Council Meetings MOTION by Grabowski, seconded by Jacobs, to set the regular City Council meetings from 7:00 p.m. to 10:00 p.m., unless extended by simple vote of the council, on the second and fourth Thursday of the month. Special meetings may be held in accordance with State law and local ordinance. Thomas questioned the need to add the 10:00 p.m. ending time when there was a policy stating the same. Voting Aye: Guenthner, Jacobs, Grabowski, and Hudok. Voting Nay: Thomas. (Motion carried 4:1) 3. Vice Mayor / Acting Mayor Grabowski volunteered to be Vice Mayor. MOTION by Jacobs, seconded by Hudok, to appoint Grabowski as Vice Mayor. Thomas stated it was the prerogative of the Mayor who should be appointed as Vice Mayor. Administrator Vergin commented that generally all appoints are at the discretion of the Mayor and then ratified by the Council. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) 4. NW League of Cities Delegate and 5. NW League of Cities Alternate Guenthner asked for volunteers to be the NW League of Cities delegate. Jacobs asked what the purpose of the organization was relative to the City. Guenthner said the organization had been established several years ago for cities to get together to discuss mutual issues and concerns. Administrator Vergin added, the organization had been successful in acquiring funding for trails and mapping within Hennepin County. There being no motion to appoint a delegate or alternate, the appointments would remain open until such time the Council does appoint. 6. Northwest Hennepin Human Services Council Advisory Commission – LaDonna Meinecke, 7. Elm Creek Watershed Management Commission – Elwyn Manthei, and 8. City Staff Grabowski asked who was LaDonna Meinecke. Administrator Vergin explained Meinecke was a resident who volunteered to serve on the NW Hennepin Human Services Council Advisory Commission; the services provide emergency assistance along with other resources to Corcoran’s residents. MOTION by Grabowski, seconded by Thomas, to approve items six, seven, and eight as presented. Jacobs questioned if Elwyn Manthei was personally familiar with the City’s policy concerning the Elm Creek Watershed Management. Guenthner explained the Elm Creek Watershed had the legal authority to approve or reject requests relating to the management of watershed issues within the watershed district. Page -3- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 Jacobs continued to question if Manthei was qualified to represent the City of Corcoran on the commission. When asked by Guenthner if Jacobs had anyone in mind for the appointment, Jacobs did not. Voting Aye: Guenthner, Thomas, Grabowski, and Hudok. Voting Nay: Jacobs. (Motion carried 4:1) 9. Planning Commission Appointments and 11. Parks & Trails Commission Appointments MOTION by Hudok, seconded by Grabowski, to continue current commission members for the interim pending new applications received through the end of January; have all the current and any applicants reapply using an updated application form posing three new questions in addition to the four already there: #5 List any criminal convictions. #6 List any personal business dealings by you or your employer with the City as far as contracts or etc. #7 List any PID#s and approximate acreage owned in the City either by deed, contract, mortgage, or etc. by the applicant, employer, or by another entity in which applicant has a financial interest. Thomas asked for direction concerning the open meeting law. Thomas suggested there had been conversations between several council members regarding the issues of this agenda. Jacobs introduced the fact that he had written notes prepared for distribution on the agenda items; it was fully legal for a council member elect to participate in conversations with other council members prior to being sworn in. Guenthner asked Hudok if he had discussed the motion he just made and the application for the referral of making the appointments with Grabowski and Jacobs. Hudok responded he had discussed the motion and appointments before and after the election with both Grabowski and Jacobs. Grabowski and Jacobs confirmed the discussions had taken place. Jacobs added that upon researching the legality of such discussions, the three of them were within the law doing so since Hudok, at the time, had not been sworn into office. Guenthner said he had consistently heard over the past years criticism from the three council members regarding lack of openness in the government and lack of notice to the public; the conversations between the three council members seemed very inconsistent with those accusations. Grabowski said the purpose of the conversations were to disclose information that potentially could cause conflict of interest; an attorney was consulted as to whether they could legally meet to discuss the items. Guenther pointed out that it was not that there was concern about how the appointments are made or the application form; it’s the fact that they had the conversations outside public view. Council members with concerns should address the concerns within the framework of a public meeting, not coming in with the decisions already made. The letter of the law may not have been violated, but the spirit of the law was. Grabowski stated that the discussion was held at this meeting and no decisions were made prior to the meeting. Clerk Lindberg was asked to repeat the motion on the table with assistance from Hudok for correctness. Page -4- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 Jacobs began disbursing a written document. Guenthner asked Jacobs to take the documents back and instructed the council members to submit documents to the City staff in a timely manner to be included with the meeting’s packet; this material only affirms an agreement had been made regarding agenda issues prior to the meeting. Clerk Lindberg with Hudok’s assistance restated the motion as: MOTION to continue current commission members for the interim pending new applications received through the end of January from applicants using an updated application form posing three new questions in addition to the four already there: #5 List any criminal convictions. #6 List any personal business dealings by you or your employer with the City as far as contracts or etc. #7 List any PID#s and approximate acreage owned in the City either by deed, contract, mortgage, or etc. by the applicant, employer, or by another entity in which applicant has a financial interest. Voting Aye: Guenthner, Jacobs, Grabowski, and Hudok. Voting Nay: Thomas. (Motion carried 4:1) Administrator Vergin asked for clarification of the motion. MOTION by Hudok, seconded by Grabowski, to clarify the motion to include that all current commission members will complete the application and that all seats on all commissions will be re-appointed. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) Guenthner allowed the disbursement of Jacobs’ pre-written document. 10. Planning Commission Meetings MOTION by Grabowski, seconded by Hudok, to approve item #10 as presented. Jacobs requested the 10:00 p.m. adjournment time be added to the meeting schedule. MOTION by Grabowski, seconded by Jacobs, to set the regular Planning Commission meetings from 7:00 p.m. to 10:00 p.m., unless extended by simple majority vote of the commission, on the first Thursday of the month. Special meetings may be held in accordance with State law and local ordinance. Voting Aye to Amend the Motion: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) Voting Aye on the Motion as Amended: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 12. Parks & Trails Commission Meetings MOTION by Grabowski, seconded by Jacobs, to set the regular Parks & Trails Commission meetings from 7:00 p.m. to 10:00 p.m., unless extended by majority vote of the commission, on the third Tuesday of the month. Special meetings may be held in accordance with State law and local ordinance. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 13. Planning Consultant Page -5- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 MOTION by Thomas, seconded by Guenthner, to approve item #13 as presented. Jacobs suggested the current City planner had not been keeping the planning commissioners or council members informed of projects being worked on within the City of Corcoran; therefore, he had several motions to submit regarding the appointment of the planning consultant. Voting Aye: Guenthner and Thomas. Voting Nay: Jacobs, Grabowski, and Hudok. (Motion failed 2:3) MOTION by Jacobs, seconded by Hudok, to leave the planning consultant position open, appoint the current planning consultant (Landform) as interim consultant, and within 60 days submit RFPs for the planning consultant position. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) MOTION by Jacobs, seconded by Grabowski, to direct Landform to furnish the City a full report on all pending matters and within 30 days submit a breakout of revenues by category billed to the City for the last three years with billing rates used. Thomas stated the Council received and voted on this information each month with the reports included in the meeting packets; why should burdened staff have to compile the information again. Jacobs replied that the request was being asked of the contacted staff. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) MOTION by Jacobs, seconded by Grabowski, to appoint Norman Gartner P.E. of Gartner Engineering as a special interim City planning consultant with term ending upon appointment of new City planner or as determined by City Council. Guenthner questioned why the City should pay double for planning services when Landform has been appointed as the interim planner. Jacobs explained Gartner would be the Council’s special consultant for independent reviews upon request by the Council. Guenthner and Thomas were concerned the Council would be engaging services from a consultant without knowing the qualifications of the person or the fees that person would be charging. MOTION by Grabowski, seconded by Guenthner, to table the appointment of Gartner as special interim City planner until the more information could be received from Gartner. Voting Aye: Grabowski, Guenthner, and Thomas. Voting Nay: Jacobs and Hudok. (Motion carried 3:2) MOTION by Grabowski, seconded by Hudok, to approve item #13 as amended by previous motions. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 14. Building Inspector MOTION by Grabowski, seconded by Hudok, to appoint Metro West Inspection Services, Inc. as interim City building inspector and within 60 days submit RFPs for the City building inspector position. MOTION TO AMEND by Jacobs, seconded by Grabowski, to include a list of Page -6- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 billing reports similar in content to those applicable in the request from the planning consultant. Voting Aye to Amend: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) Voting Aye to the Amended Motion: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 15. Engineering Consultant MOTION by Grabowski, seconded by Thomas, to appoint Bonestroo, Rosene, Anderlik and Associates as the City engineering consultant. Jacobs suggested RFPs and three years of billing information should be requested for all contracted staff positions. Jacobs said the City of Greenfield was doing the same thing. Jacobs had heard there were some gas pipelines and other things happening in the City that he had heard about from the residents and not from the staff. Voting Aye: Guenther, Thomas, Grabowski, and Hudok. Voting Nay: Jacobs. (Motion carried 4:1) 16. Attorney MOTION by Thomas, seconded by Guenthner, to appoint Jeff Carson of Carson, Clelland & Schreder as the City attorney. MOTION by Jacobs, seconded by Grabowski, to appoint Jeff Carson of Carson, Clelland & Schreder as the interim City attorney, request within 30 days the past three years of criminal and civil billings to the City broken out by #500 and #100 accounts with billing rates used; within 60 days submit a RFPs for the City attorney position. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) MOTION by Jacobs, seconded by Hudok, to appoint Attorney Frank Kundrat as special City legal counsel to advise the city on legal issues, upon Council request, at the same rates as proposed by the interim attorney; until such time as Kundrat leaves practice. Guenthner did not understand what benefit there would be to having a second City attorney. He understood that Jacobs, through a former law suit with the City, may not agree with the advice from the City’s attorney or the legal positions the City took, but the fact remained that the courts affirmed those positions. Guenthner considered Carson’s fees competitive and advice credible. He said it was important to consider the best interest of the citizens of the community when undertaking these actions. Grabowski felt that some of the advice received by the current City attorney has not been good advice, especially with the extension of the Hedgestone preliminary plat; the advice was contrary to the City ordinances. Grabowski agreed with Jacobs’ idea of appointing Kundrat as someone that the Council could seek advice from beyond that received from Carson. Guenthner and Thomas were uncomfortable appointing Kundrat when there was no documentation regarding the qualifications, fee structure, conflict management, and etc. Thomas also questioned where the funding for second opinions was included in the 2007 budget process. Hudok stated he had been uncomfortable with some of the advice given by Carson Page -7- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 and felt it would be beneficial to get a second opinion from time to time. Thomas summarized the motion was to hire someone that the Council had never met or received a formal proposal from. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 17. Auditor MOTION by Grabowski, seconded by Guenthner, to appoint Abdo, Abdo, Eick & Meyers, LLP as City auditor. Jacobs said he had been advised it was good policy to turn over personnel from time to time and suggested an RFP for the auditor. Administrator Vergin informed the Council that the 2006 audit was under way; if the Council wished to pursue a RFP, it would be for the 2007 audit. Voting Aye: Guenthner, Grabowski, Thomas, and Hudok. Voting Nay: Jacobs. (Motion carried 4:1) 18. Assistant Weed Inspector Hudok and Jacobs questioned if the code enforcer should be appointed to this position with the uncertainty of the continuation of the code enforcer position. Guenthner said the weed control would not be an issue for three to four months; he advised proceeding with the appointment until a status change takes place. MOTION by Thomas, seconded by Guenthner, to appoint Corcoran Code Enforcer Reger, as assistant City weed inspector. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) 19. Insurance Agent MOTION by Thomas, seconded by Guenthner, to appoint Anderson Insurance Agency as the City insurance agent. Jacob questioned if there were other insurance agents that would be interested in bidding for the job. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) 20. Animal Control Officer MOTION by Grabowski, seconded by Hudok, to appoint Monticello Animal Facility as assistant City animal control officer. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) 21. Official Depositories MOTION by Grabowski, seconded by Thomas, to appoint Farmers State Bank of st Hamel, Bankwest, 21 Century, Northland Securities, Smith Barney, Piper Jaffray, and FTN Financial as City official depositories. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) 22. Official Signatory MOTION by Grabowski, seconded by Hudok, to authorize Guenthner, Grabowski, Vergin, and Lindberg as official signatories for the City. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) Page -8- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 MOTION by Grabowski, seconded by Hudok, to approve Resolution No. 2007-02 as amended. Guenthner explained he intended to vote “no” because he disagreed with various elements of the resolution and was not able to approve every appointment as required by law. Voting Aye: Jacobs, Grabowski, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) 2007 Consultant Rates, Resolution No. 2007-03 2007 Consultant Rates, Resolution No. 2007-03 Guenthner advised the consultant rates should be accepted as presented on an interim basis. MOTION by Grabowski, seconded by Jacobs, to approve Resolution No. 2007-03 accepting the 2007 consultant rates as interim rates. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) UNFINISHED BUSINESS: UNFINISHED Newly Elected Officials Training for Councilor Hudok, 100% Payment BUSINESS: Request Newly Elected Officials Hudok stated the training would be very beneficial and he would be willing to pay Training for Councilor all of the tuition for attendance. He would leave the reimbursement decision to the Hudok, 100% Payment rest of the council members. Request Jacobs said the training would be important and, as in prior years, should be paid by the City. Thomas agreed the training was essential, but the policy needs to be changed if the Council allowed the 100% payment of the fee. Thomas cautioned deviation from the policy could be detrimental to the budget. Guenthner said the City should be fully paying for this training. There would be a real return on the investment. The training expenses of the council members and commissioners should be included in the budget discussions. MOTION by Grabowski, seconded by Jacobs, to approve 100% payment of the League of MN’s Newly Elected Officials training for Hudok. Voting Aye: Guenthner, Grabowski, Jacobs, and Thomas. Hudok abstained. (Motion carried 4:0 with 1 abstention) Goals and Objectives Workshop Goals and Objectives The Council will set the goals and objectives workshop at the first council meeting Workshop of February 2007. Review Preliminary Plat Process Review Preliminary Plat Jacobs distributed a handout relating to this added agenda item. Process Jacobs questioned if the City ordinances were properly followed during the preliminary plat process for the Laurent Development Companies “Hedgestone” project. Jacobs was asking to suspend the resolution extending the preliminary plat approval until the process could be reviewed by the special City legal counsel and special interim planning consultant. Guenthner encouraged Jacobs to submit agenda items and materials to the City Page -9- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 staff for inclusion in the meeting’s packet for distribution prior to the meeting. MOTION by Jacobs, seconded by Grabowski to follow City ordinances and suspend Resolution No. 2006-75 passed on 12/28/06 extending preliminary plat approval for Laurent Development Companies for development known as “Hedgestone”, until special city legal counsel could review questions raised; specifically, what authority the Council has to extend the plat under the current City ordinances, statements in applicant’s request letters, filing for extension more than one year after granting preliminary plat, proper notices to adjoining parcels in adoption of underlying zoning of Laurent parcel, failure to pay outstanding escrow cost charges, and statements to withdraw application if payment demanded. Guenthner asked if Mr. Kundrat had been apprised of this task or the potential request would be made of him. Jacobs replied “yes”. Guenthner asked if Mr. Kundrat had provided an estimate of the fees he would charge for the opinions requested. Jacobs replied “no”; Kundrat had not seen any of the information upon which to base a fee. Guenthner and Thomas had serious concern with the word “suspend” in the motion, warning the legality of a suspension; such an impact to the project would most likely lead to a law suit. Jacobs offered to change the word “suspend” to “review” and to amend the motion as follows: MOTION to review Resolution No. 2006-75 passed on 12/28/06 extending preliminary plat approval for Laurent Development Companies for development known as “Hedgestone” by special city legal counsel; specifically, what authority the Council has to extend a plat under the current City ordinances, statements in applicant’s request letters, filing for extension more than one year after granting preliminary plat, proper notices to adjoining parcels in adoption of underlying zoning of the parcel, failure to pay outstanding escrow cost charges, and statements to withdraw application if payment demanded. Voting Aye: Grabowski, Jacobs, and Hudok. Voting Nay: Guenthner and Thomas (Motion carried 3:2) NEW BUSINESS: NEW BUSINESS: Local Board of Review Training Requirement, January 18, 2007 Local Board of Review Hudok and Jacobs volunteered to attend the Local Board of Review training. Training Requirement, January 18, 2007 Council Meetings Being Held in Public Council Meetings Being Jacobs expressed discomfort with public meetings being held in the conference Held in Public room located within the administrative section of city hall. He suggested all public meetings should be conducted in the council chambers or civic center. Guenthner directed any publicly called meeting to be held in the council chamber or civic center. Guenthner stated he had called the TIF Committee meeting in order to follow the spirit of the law since he would be attending that meeting with two seated council members; this meant there would be three decision makers attending the meeting. Guenthner stated that Jacobs had attended the meeting and failed to voice any concerns what so ever regarding open meeting issues. He further stated that according to Jacobs’ standards the TIF meeting was in fact not a public meeting because Guenthner had not yet been sworn in. Page -10- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 Council Notices and Mail Council Notices and Mail Jacobs stated there seemed to be information received by City staff that was not coming to Council; a developer had notified the City by letter and the Council had not seen the letter. Administrator Vergin explained the letter was a copy of a letter sent to residents and was sent to alert the City that a neighborhood meeting was going to be conducted by a developer at the City’s civic center. Jacobs asked that the contents of the council members’ mail boxes be placed at the council table at each meeting. Guenthner said “no”; each council member should collect their own mail prior to the meeting. CONSENT AGENDA CONSENT AGENDA MOTION by Grabowski, seconded by Jacobs, to approve the consent agenda as presented: December 11, 2006, Regular Council Minutes December 28, 2006, Regular Council Minutes Set Local Board of Review, April 12, 2007 Call Public Hearing for Land Use Fees, February 8, 2007 Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) CLAIMS Escrow Claims (Fund #500) $25,249.95 CLAIMS MOTION by Thomas, seconded by Guenthner, to approve Escrow Claims (Fund #500) as presented. Jacobs questioned the payment to Carson, Clelland & Schreder (the City’s legal firm) for Laurent Development in the amount of $125.00 stating the Laurent Development escrow was in arrears. Administrator Vergin explained the billing was to prepare a resolution for Council consideration. Guenthner asked if Jacobs wanted to reject payment of the billing because services were not rendered. Jacobs wanted the billing held. Hudok stated it wasn’t a matter if the services were rendered, but that there were no funds in the Laurent escrow account to pay it. Guenthner said the City had an obligation to pay for requested services rendered whether or not we like the outcome or circumstances surrounding the issue. Guenthner asked the record reflect and the community hears that this Council would reject payment of requested services rendered because they don’t like the advice, services, or the outcome of the project. Grabowski said he understood Jacob’s perspective and stated the service was performed prior to the stop work direction given at the last Council meeting. Grabowski suggested the billing should be paid. Voting Aye: Guenthner, Grabowski, and Thomas. Voting Nay: Jacobs and Hudok. (Motion carried 3:2) All Other Claims $91,842.63 MOTION by Grabowski, seconded by Jacobs, to approve all other claims as presented. MOTION by Jacobs, seconded by Grabowski, to extend the meeting ending time Page -11- CITY OF CORCORAN CITY COUNCIL MEETING January 11, 2007 by 25 minutes. Voting Aye: Grabowski, Jacobs, and Hudok. Voting Nay: Guenthner and Thomas (Motion carried 3:2) Voting Aye to approve all other claims: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) MOTION by Thomas, seconded by Guenthner, to table agenda item #12 to the th January 25 meeting. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) ADJOURNMENT Adjournment MOTION by Thomas, seconded by Grabowski, to adjourn at 10:05 p.m. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) ______________________________ Bea Lindberg, City Clerk Page -12-