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HomeMy WebLinkAbout2007-01-25 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on January 25, 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, Code Enforcement Officer Reger, City Engineer Vander Top, Administrator Vergin, and Clerk Lindberg. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. RE-ADMINISTERING THE OATHS OF OFFICE Re-Administer Oaths of Office Administrator Vergin re-administered the Oaths of Office to Ken Guenthner, Christopher Hudok, and Ron Thomas due to an omission of the words “Constitution of the United States” in the original oath. MOTION by Grabowski, seconded by Thomas, to ratify all previous activities and actions conducted by the Council at the January 11, 2007, meeting without prejudice to voting records on individual items. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) AGENDA APPROVAL Agenda Approval MOTION by Grabowski, seconded by Jacobs, to approve the agenda with adding 5.a. Introduction of Special Legal Counsel, changing 5.a. Staff Reports to 5.b., changing 5.b. Extension of Statements of Economic Interest to Public Officials and/or Local Officials in City Government to 6.c., and adding 5.d. Schutte Email – St. Johns Church Sign. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) OPEN FORUM & ANNOUNCEMENTS: Open Forum & Announcements: John Jones Correspondence John Jones Andrew Johnsrud from Lecy Bros Homes was present to represent the Hodgin Correspondence Family Partnership regarding the development known as Hodgin Acres. Johnsrud explained the approved 28 acre development will create three lots on the south side of County Road 10. Johnsrud said there was a $140,000 tarred road required as part of this development and questioned the need to also pay a transportation area fee of $2,000 per developable acre. Johnsrud asked the council members to reconsider the additional $50,000 transportation area fee. The council members suggested deferring the collection of the transportation area fee, directing staff to prepare a presentation to the Council on how the fees were originally established. Greg Ebert – 20604 County Road 10 Greg Ebert – 20604 County Road 10 Ebert questioned the last Council meeting’s appointment of a special City attorney and proposed appointment of a special City planner. Ebert asked if any resumes or proposals had been received from the special attorney and planner for public viewing, expressing concern that appointments would be made without sufficient information to make informed decisions regarding the appointments. Guenthner said there would be opportunity for Council discussion of the topic at a later time. There were no other comments from the Council. UNFINISHED BUSINESS: Page -1- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 Introduction of Special Legal Counsel UNFINISHED BUSINESS: Grabowski introduced Frank Kundrat from Kundrat Law Office, P.A. of St. Cloud to the council members. Kundrat reviewed his past and present experience with Introduction of Special municipal governments in Ohio and Minnesota. Kundrat explained his time as the Legal Counsel appointed special counsel for the City of Corcoran would be limited due to his being appointed as a district court judge beginning February 20, 2007. Guenthner confirmed with Kundrat the billing rate would be $125 per hour, the same as the present City attorney. Guenthner then asked how the City Council with two attorneys would proceed to utilize advice for taking actions. Kundrat suggested it would be up to the Council to determine which attorney would be asked to undertake specific tasks. When asked by Guenthner if Kundrat was presently representing or had ever represented any council member, individually or by affiliation with any organization, Kundrat stated he had represented Hudok and given advice to an organization named Corcoran United Taxpayers (CUT). Guenthner then asked what Kundrat thought regarding the retaking of the oath and motion to ratify Council actions from the last meeting. Kundrat stated he thought the actions were entirely appropriate. Thomas was not sure what role Kundrat would be serving with the City. Kundrat said the Council would determine the role of the special counsel. Guenthner suggested the Council as a whole, rather than individually, would need to collaboratively manage the deployment of attorney services. Jacobs and Grabowski stated the review of the Hedgestone development preliminary plat approval and extension had already been directed to Kundrat. Guenthner directed Administrator Vergin to advise Council in advance of requesting Attorney Carson’s involvement on routine matters. Vergin stated Carson would be working on the southwest district’s backage road. MOTION by Jacobs, seconded by Grabowski, to invite Kundrat to attend the February 8, 2007, Council meeting. Thomas asked what would be the purpose for Kundrat’s attendance at the meeting. Grabowski said Kundrat would update the Council on the review of the legality of the Hedgestone preliminary plat approval. It was suggested Kundrat’s attendance would be necessary only if there were specific information that needed to be relayed to the council members. MOTION TO AMEND by Grabowski, seconded by Hudok, to invite Kundrat to attend the February 8, 2007, Council meeting if there was pertinent information regarding the Hedgestone procedural review. Voting Aye to Amend the Motion: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) Voting Aye on the Amended Motion: Guenthner, Grabowski, Jacobs, and Hudok. Voting Nay: Thomas. (Motion carried 4:1) Staff Reports Staff Reports Code Enforcement – 2006 Year End Report, CEO Reger Page -2- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 Reger presented the final 2006 report information to the council members. Reger summarized the annual duties of the code enforcer relating to building permits, driveways, grading permits, FEMA maps, home occupation inspections, code violations, Maple Hills Estate’s open house, contracted work with Loretto and Rogers, weed control, and resident questions. Thomas asked the future quarterly reports separate new construction from other types of building permits. Police Department Report – 2006 Year End Report, Chief Gormley Gormley referred the council members to the abbreviated 2006 Annual Report included in the meeting’s packet. Gormley reported on the creation of the department’s mission statement, current and future personnel data and duties, grant awards, events of service, and community projects. Gormley also explained the collaboration with Hennepin County and Corcoran Public Works to determine the best means to curtail road problems with the County Road 19 project. Public Works Department – 2006 Year End Report, Superintendent Meister Meister had included in the meeting’s packet a detailed list of tasks accomplished during the year of 2006 and goals for 2007. Meister also informed the Council that there would be a couple of failing culverts to contend with in 2007; the Public Works Department will continue to work with the City’s engineer to rectify the culvert and bridge issues. Guenthner asked Meister to compile bullet point fact sheets to explain the routine maintenance performed by City staff regarding tree trimming, dust control, ditch cleaning, snow plowing, and grading. Reconsideration of Resolution No. 2007-02, Subp. 15 Engineering Consultant Jacobs stated that Dahlgren, Shardlow and Uban (DSU) and Bonestroo engineering Reconsideration of firms had merged sometime during the 2006 year. Jacobs was concerned that there Resolution No. 2007-02, may be a conflict of interest associated with DSU’s John Uban representing the Subp. 15 Engineering developer of the project known as Schendel Farm and Corcoran’s City Engineer Consultant Vander Top of Bonestroo representing the City. Jacobs was concerned that the Council had not been informed of the dual representation and requested reconsideration of the engineering appointment in Resolution No. 2007-02. Vander Top confirmed the merger with DSU and Bonestroo, although not completely finalized, was officially and publicly announced on July 1, 2006. The DSU involvement with the Schendel property began prior to the beginning of the merger discussions. Vander Top informed City staff and former Mayor Cossette of the merger in the summer of 2006. Vander Top reported that the Corcoran Development LLC was informed that DSU would be resigning as the project’s engineering firm once the concept plan review process was complete, but DSU would willingly and immediately resign representation of Corcoran Development LLC in regards to the Schendel property if the Council was not comfortable with representation of the City and the Schendel project by DSU and Bonestroo. Grabowski recommended DSU should immediately terminate representation. Jacobs submitted a written document to the council members titled as “Reconsideration of Engineer Appointment Motion Draft Notes 1/25/07”. MOTION by Jacobs to leave engineering consultant appointment open, appoint current City engineering consultant as Interim engineering consultant and request RFP for City engineering consultant with outside submission date of February 22, Page -3- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 2007. Motion died for lack of a second. MOTION by Jacobs to appoint Norman Gartner P.E. of Gartner Engineering, Rogers, special interim City engineering consultant to review pending City engineering projects and advise Council on pending projects and engineering RFP submissions for term as determined by City Council. Motion died for lack of a second. MOTION by Jacobs, seconded by Grabowski, to appoint Norman Gartner P.E. of Gartner Engineering, Rogers, special interim City planning consultant to review pending applications now in process or to be filed for term ending upon appointment of new city planning consultant or as determined by City Council. Thomas asked for the reason of the appointment. Jacobs expressed the need to receive an independent review of pending projects and said there was a conflict with the Parks and Trails planner as a member of the Bonestroo Engineering firm. Guenthner said the contracted consultant for the Parks and Trails Commission was an employee of Bonestroo and not the current City planning firm of Landform. Jacobs considered the Hedgestone and Schendel projects as highly controversial and would require someone knowledgeable to follow the remaining process of the developments. Guenthner stated his perception of the neighborhood meeting of the Schendel project was that there were a lot of questions, but did not consider the comments as controversial. Jacobs stated the failure to keep the Council informed of such actions as the DSU and Bonestroo merger should have been the responsibility of by all of the City staff involved. Grabowski said he was in favor of a new planner to review the project. Thomas was concerned that a planner change at this time would be an upset to the United Properties project. Voting Aye: Grabowski, Jacobs, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) Administrator Vergin confirmed with the Council that all charges from both Special Interim Planner Gartner and City Planner Lindahl would be pass through fees chargeable to developers’ escrow accounts. Schutte Email – St. Johns Church Sign Schutte Email – St. Johns Church Sign Hudok asked if 31.5 hours was necessary time spent on the sign variance for St. Johns Church and requested a full breakdown of services rendered. Staff was directed to obtain a detailed breakdown of the hours and fees involved in the variance process. NEW BUSINESS: NEW BUSINESS: 2007 Fee Schedule, 2007 Fee Schedule, Resolution No. 2007-04 Resolution No. 2007-04 MOTION by Jacobs, seconded by Grabowski, to table Resolution No. 2007-04 pending further review. Guenthner asked Administrator Vergin what would happen if the resolution was tabled. Vergin replied that the 2006 fee schedule would continue to be used. Jacobs began to hand out a written document pertaining to the agenda item. Guenthner requested, unless the material was emergency information, the material Page -4- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 be provided with the next meeting’s packet for council member review prior to the meeting. Voting Aye: Grabowski, Jacobs, and Hudok. Voting Nay: Guenthner and Thomas. (Motion carried 3:2) Cost Participation with City of Medina, Resolution No. 2007-08 Cost Participation with Administrator Vergin explained the City of Medina was requesting to cost share City of Medina, with the City of Corcoran the expense to update the Medina Capital Improvement Resolution No. 2007-08 Plan and Water Rate Analysis as related directly to the infrastructure improvements needed to extend municipal services to Corcoran’s southwest business district. MOTION by Grabowski, seconded by Thomas, to adopt Resolution No. 2007-08 authorizing the City of Medina to perform work related to providing future infrastructure services to the City of Corcoran as presented. Jacobs reported the information on the agenda item was not included in the packet materials and not received until the current week. Vergin stated the material was distributed to the council members on Monday of the current week. Voting Aye: Grabowski, Guenthner, Thomas, and Hudok. Voting Nay: Jacobs. (Motion carried 4:1) Extension of Statements of Economic Interest to Public Officials and/or Local Extension of Statements Officials in City Government of Economic Interest to Jacobs reported several members of the Parks and Trails Commission questioned Public Officials and/or the requirement of all members to complete the new commission application as Local Officials in City changed at the January 11, 2007, Council meeting. Jacobs referred to the City of Government Plymouth’s annual “Statement of Economic Interest” form suggesting the council members should be required to complete and file with the City Clerk a similar form. Guenthner said the “Statement of Economic Interest” form was a statutory requirement of the State of MN and applied to metropolitan cities with populations exceeding 50,000. Guenthner questioned whether a local unit of government can impose requirements on local officials greater than required by State law, whether it can be done after an election had occurred, and whether the City has the ability to compel the filing of or impose a penalty for failure to file the information. Hudok and Grabowski suggested the council members could voluntarily summit the information. Thomas stated he was strongly opposed to the disclosure and suggested if a conflict of interest was suspected of an individual, that individual should be invited before the Council to address the issue. Guenthner stated the unintended consequences of requesting the additional information of all the City’s commission volunteers may be an unwillingness to volunteer and the feeling of not being trusted. MOTION by Jacobs, seconded by Grabowski, to authorize Special Counsel Kundrat to render an opinion at the February 8, 2007, meeting as to whether a local unit of government can impose requirements on local officials greater than required by State law, whether it can be done after an election had occurred, and whether the City has the ability to compel the filing of or impose a penalty for failure to file Page -5- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 the information. Voting Aye: Grabowski, Guenthner, Jacobs, and Hudok. Voting Nay: Thomas. (Motion carried 4:1) CONSENT AGENDA CONSENT AGENDA MOTION by Grabowski, seconded by Hudok, to approve Resolution No. 2007-07 authorizing execution of a grant agreement with the MN Dept. of Public Safety, Office of Traffic Safety for the project entitled “Safe & Sober Communities”. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) January 11, 2007, Regular Council Minutes Jacobs suggested the Council return to the previously established process of reviewing the draft minutes and submitting written corrections to the clerk on or before the next meeting; following that meeting, the draft minutes changes would be tracked and presented for approval at the next Council meeting. MOTION by Jacobs, seconded by Grabowski, to table the approval of the January th 11, 2007, minutes to the February 8 Council meeting. Several corrections were verbally submitted to the clerk. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) Cropland Bids and Agreements, Resolution No. 2007-05 Guenthner requested from staff an explanation regarding the reference within the rental agreement to the use of atrezene and not other pesticides. MOTION by Grabowski, seconded by Thomas, to approve Resolution No. 2007- 05 to award the 2007 rental of City owned crop lands to the highest bidder, Daryl Patnode. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) Condemnation Notification Resolution No. 2007-06 MOTION by Grabowski, seconded by Thomas, to approve Resolution No. 2007- 06 authorizing notification to property owners of intent to take title and possession of land. Jacobs questioned what would happen if Medina would not be able to extend City services to southwest Corcoran. Guenthner explained the resolution was a legal step of a lengthy process and doubted that the action to start the legal clock on the process would financially harm the City at this point in time; the three property owners were currently involved in negotiations with the City. Vander Top affirmed all expenses have been the responsibility of the applicant and the resolution would not change the expenses incurred to this point. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) CLAIMS CLAIMS Escrow Claims (Fund #500) $2,552.75 MOTION by Grabowski, seconded by Thomas, to approve Escrow Claims (Fund #500) as presented. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Page -6- CITY OF CORCORAN CITY COUNCIL MEETING January 25, 2007 Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Building Inspection Claims (Fund #405) $4,917.85 MOTION by Thomas, seconded by Grabowski, to approve Fund #405 Building Inspection claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) All Other Claims $103,464.53 MOTION by Thomas, seconded by Grabowski, to approve all other claims as presented. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) COUNCIL AND STAFF REPORTS: COUNCIL AND STAFF REPORTS: CEO Contract with City of Rogers Administrator Vergin reported the City of Rogers declined the extension of the contract for code enforcement services past January 31, 2007. Vergin asked Council to allow staff some time to determine the best way to address this matter; the item will be added to the Goals and Objectives’ agenda. Parks and Trails Commission As the commission’s liaison, Guenthner reported the commission reviewed and commented on the Schendel Farms development, discussed the new commissioner application process, and received reports from the subcommittees. MOTION by Jacobs, seconded by Thomas, to extend the meeting ending time. Voting Aye: Thomas, Guenthner, Jacobs, and Hudok. Voting Nay: Grabowski (Motion carried 4:1) Thomas asked if the Street Improvement Committee would need to complete the new applications being required of all commissioners. Guenthner replied that if the committee was not established by charter or City code, committee members would probably not be obligated to complete the application. 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 -7-