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HomeMy WebLinkAbout2007-02-22 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on February 22, 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, City Engineer Vander Top, City Financial Advisor Paul Donna from Northland Securities, Special Planner Gartner, Administrator Vergin, and Clerk Lindberg. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA APPROVAL Agenda Approval MOTION by Grabowski, seconded by Thomas, to approve the agenda with adding “Status of Interim Attorney” to be discussed with item 5.a., adding item 6.c. “Clerk/Treasurer Resignation”, adding item 9.j. “7795 Corcoran Trail West Grading Permit, and adding 9.k. “Workshop Agenda”. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) OPEN FORUM & ANNOUNCEMENTS Open Forum & Police Chief Gormley updated the Council on the Corcoran home explosion on Announcements: February 21, 2007, at 6890 County Road 19 that resulted in the death of home owner Daniel Johnson. Gormley mentioned the invaluable support from the many State, County, and local emergency agencies. Gormley recognized the many residents and local businesses for their munificent assistance during the crisis. Among the mentioned were the Hatchers, Hutchins, Gleasons, Doboszenski and Sons, Dobos Restaurant, and the Corcoran city staff. UNFINISHED BUSINESS: UNFINISHED SW District – Corcoran Business Park BUSINESS: Administrator Vergin announced the sub-committee meeting with Medina on SW District – Corcoran rd February 23 had been cancelled and would need to be rescheduled. Business Park Paul Donna from Northland Securities presented an overview of the sources and uses of funds for the SW Corcoran Business Park development project. The development was divided into Project #1-Sewer & Water from Medina, Project #2- Backage Road and Lateral, and Project #3-TH 55 Signal Improvements totaling $6,540,328. The funding sources were identified as $4,048,640 from United Properties, $261,344 from other benefiting properties, $500,000 from MnDOT grant funds, $1,374,094 from TIF district funds, and $356,250 would be the City’s share. Jacobs asked why the City’s share of 1.13 Million shown, justifies 3.2 million of borrowing? Donna presented the information regarding a ten-year $3,275,000 general obligation bond at an overall interest rate of 4.3% that would be used to cash flow the construction until the funding sources are collected by the City. The bond pay off could be accelerated if sufficient funding sources are collected prior to the ten year time frame. Guenthner requested more definition of the $356,250 unfunded City’s portion. Engineer Vander Top reviewed the detailed time table spreadsheets with the Council. Vander Top stated the time line was driven by many factors; one factor was a desired February 2008 occupancy for the business park. Another critical factor was the MnDOT grant award for the backage road; to meet that requirement, the project would need to be awarded by the end of June. Other crucial factors Page -1- CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 include final agreement executed by MnDot, property appraisal process, backage road project award, joint powers agreement with the City of Medina, and utility project design and award. Administrator Vergin asked for Council direction regarding the continuation of Attorney Carson’s services and the United Property development; Carson had been involved with the landowner negotiations and the condemnation process. Jacobs, Hudok, and Grabowski stated Attorney Langel of the Ratwick, Roszak & Maloney firm had been appointed the City’s interim attorney; Langel should take over the legal services regarding the business park development. Thomas and Guenthner expressed concern regarding the need to transfer the files from Carson to Langel and then to a third attorney following the RFP process. Following a procedural discussion, it was decided to ask Carson and Langel to meet with City staff and discuss what would be the most amiable and suitable transition. Commission Commission Appointments / Incomplete Application Appointments / Incomplete Application Hudok explained that Dennis Stieg should be removed from the Parks and Trails Commission and the Planning Commission due to the failure to fully complete the applications; in the corporate world, omissions in an application would mean automatic disqualification of an applicant. Grabowski suggested Stieg should be asked to complete the forms or resign from the appointments. Jacobs questioned why the incomplete applications were submitted to the Council members for consideration. Guenthner suggested there was no way to prove that any of the statements on the applications were true or accurate. Thomas noted that Stieg included a note on the application giving his home and cell phone numbers to call if there were any questions. In conclusion, Stieg will be asked to complete the application in full or resign from the commissions. Transportation Funding Support, Resolution 2007-13 Transportation Funding Support, Resolution 2007- All Council members had concerns regarding the adoption of the resolution 13 requesting comprehensive road and transit funding in 2007 as submitted by the League of MN Cities. No action was taken. Pavement Management Committee Direction Pavement Management Committee Direction Patrick Hank and Jacquelyn Manick of the Pavement Management Committee had requested an audience with the Council to discuss the Council’s preferred direction for funding collector road improvements. Hank summarized the committee was researching the possibility of selling building rights as a way to fund street improvements. Manick asked if the Council had any other suggestions the committee could explore for possible funding. Grabowski was in favor of selling building rights. He also suggested lowering the park dedication fees and creating a new fee dedicated to road improvements. Guenthner cautioned the selling of building rights would need to be examined very thoroughly before implementation. The Pavement Management Committee was asked to do a work up with the support of staff and report the findings to Council upon completion. Nichols Home Nichols Home Occupation Application Occupation Application At the request of Jacobs, Special Planner Gartnerreviewed the Home Occupation application process in regards to James Nichols at 6351 County Road 101. Gartner presented the Council with a summation memorandum, copies of emails, and a Page -2- CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 copy of Ordinance 170. Gartner was questioning if Nichols needed a Home Occupation license since the ordinance was passed after the business was established and Nichols was not notified by the City of the need to acquire a license as stated in Section 13 of the ordinance. Gartner requested authorization to contact the City Attorney for an opinion. Guenthner noted that the City could expend the money to question the legality of an ordinance and/or its method of application, but should not compensate an individual citizen’s legal pursuit. When questioned if Gartner was being paid by the City to complete the review of the Nichols application, Gartner stated he was directed to review all planning applications. Thomas asked if individual Council members were authorized to generate professional fees without the Council’s approval. Gartner said he would donate the time spent on the Nichols application to the City. Jacobs was concerned a procedural policy was not being followed and felt it was his duty as a Council member to have the matter addressed by Gartner. Guenthner stated Council members should bring such matters before the Council for a unified direction to staff. Staff was directed to request Attorney Langel’s attendance at the March 8, 2007, Council meeting to discuss the issue before doing research concerning the Nichols application; staff should send Langel the materials. Code Enforcement Status Code Enforcement Status Thomas suggested this item be addressed at the Goals and Objectives meeting on February 25, 2007, as originally planned. Guenthner understood that staffing would be part of the Goals and Objectives agenda. Jacobs suggested terminating the position at this time; it was his understanding that the position would be eliminated if Rogers did not renew the code enforcement contract. Hudok said there needed to be more conversation with Chief Gormley regarding the delegation and the impact of the duties currently being performed by Code Enforcer Reger. Grabowski was in favor of discussing the CEO position at the Goals and th Objectives meeting. The CEO position will be discussed at the February 24 Goals and Objectives meeting. NEW BUSINESS: Shannon Lane Bridge/Culvert Shannon Lane Bridge/Culvert Replacement Replacement Engineer Vander Top reported the culvert/bridge on Shannon Lane was starting to heave and buckle signifying failure and would need to be replaced. Vander Top suggested the least expensive repair would have Corcoran Public Works replace the culvert with a 26 foot corrugated steel arch pipe; with this option, the project would not be eligible for State funding. Replacing the culvert with a plastic or concrete pipe would be more durable solution; this option would qualify for State money. Vander Top requested direction from the Council on how to proceed. Hudok suggested the cost benefit to each option should be considered and presented to the Council members. Spring 2007 Newsletter The meeting was recessed at 9:21 p.m. and reconvened at 9:24 p.m. Spring 2007 Newsletter Administrator Vergin requested comments regarding the newsletter be submitted to thth staff by February 28; the final draft would be presented at the March 8 Council Page -3- CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 meeting. Staff was directed to contact Hennepin County Environmental Services to question unauthorized access to properties to complete the Natural Resource/Land Cover Inventory. Clerk/Treasurer Clerk/Treasurer Resignation Resignation MOTION by Grabowski, seconded by Hudok, to approve Resolution 2007-14 accepting Clerk Lindberg’s resignation and appointing Administrator Vergin as acting City Clerk. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) MOTION by Grabowski, seconded by Hudok, to recognize and commend Clerk Lindberg’s service and dedication to the City of Corcoran. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) CONSENT AGENDA CONSENT AGENDA MOTION by Grabowski, seconded by Thomas, to approve the consent agenda items: CIP Purchase – Public Works CIP Purchase – Police Department Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) January 25, 2007, January 25, 2007, Regular Council Minutes Regular Council Minutes MOTION by Thomas, seconded by Grabowski, to approve the January 25, 2007, MOTION regular Council minutes with this change on page one, “ 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) Chamber Lease Agreement Chamber Lease Agreement Jacobs suggested the leased Chamber office space would be better utilized as a meeting room for the City of Corcoran, as designed and originally used. Considering the lease income was included as revenue in the 2007 budget, it was decided to approve the lease for 2007. Continuation of the lease will be discussed during the budget process for 2008. MOTION by Grabowski, seconded by Thomas, to approve the amended lease agreement as presented. Voting Aye: Guenthner, Grabowski, Hudok, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) CLAIMS CLAIMS Escrow Claims (Fund #500) $18,221.05 MOTION by Grabowski, seconded by Thomas, to approve Escrow Claims (Fund #500) as presented. Hudok questioned the $65 Laurent Development charge being paid to Carson, Clelland & Schreder with the Laurent escrow account being in arrears. Administrator Vergin explained the charge was for services for the December 2006 Page -4- CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 resolution process requested by Council. Voting Aye: Guenthner, Grabowski, and Thomas. Voting Nay: Jacobs and Hudok. (Motion carried 3:2) Building Inspection Claims $9,353.00 MOTION by Grabowski, seconded by Thomas, to approve Building Inspection claims as presented. Voting Aye: Guenthner, Grabowski, Hudok, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) All Other Claims $181,864.39 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 COUNCIL AND STAFF REPORTS: REPORTS: Legal Newspaper, Administrator Vergin Legal Newspaper, Administrator Vergin Administrator Vergin’s staff report included the rates charged for publications were $12.30 and $28.50 per column inch for the Crow River News and Star Tribune respectively. Due to the multiple zip codes within the City of Corcoran, neither publisher was able to present an accurate Corcoran circulation count. MOTION by Thomas, seconded by Grabowski, to appoint the Crow River News as the City of Corcoran’s legal newspaper. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) CSAH 19 Construction CSAH 19 Construction Detour Plan, Chief Gormley & Public Workers Detour Plan, Chief Director Meister Gormley & Public Workers Director Meister Chief Gormley and Public Workers Director Meister reviewed the presentation included in the meeting’s packet materials regarding the Co. Road 19 2007 project year. Gormley stated phase two, Co. Road 19 between Co. Road 10 and 50, will begin February 2007 and complete November 2007. All residents affected by phase two will have access to their property. Project information has been included in the newsletter; a letter will be sent to the affected home owners with detailed information regarding the project. Gormley reviewed the official detour routes and anticipated problem areas. The City’s proactive approach will include meetings with Hennepin County and project contractors, posting additional signage, increasing police presence, and providing information to the impacted residents. MOTION by Grabowski, seconded by Hudok, to extend the meeting ending time by 15 minutes. Voting Aye: Guenthner, Grabowski, Jacobs, and Hudok. Voting Planning Commission Nay: Thomas (Motion carried 4:1) Meeting March 15, 2007, at 7:00 p.m. Planning Commission Meeting March 15, 2007, at 7:00 p.m. Dust Control Timeline, The additional Planning Commission meeting was called for March 15, 2007, at Public Workers Director 7:00 p.m. with Jacobs serving as liaison. Meister Dust Control Timeline, Public Workers Director Meister The Council members were in receipt of a staff report from Public Works Director Parks & Trails Meister regarding the 2007 dust control application. There were no actions or Commission, Liaison comments. Page -5- CITY OF CORCORAN CITY COUNCIL MEETING February 22, 2007 Parks & Trails Commission, Liaison Hudok Hudok Hudok reported the Parks & Trails Commission appointed the officers and a recording secretary. A few of the members would be attending the Goals and Herbicide/Pesticide Objectives workshop to talk about and receive direction on some proposed items. Usage on Cropland, Herbicide/Pesticide Usage on Cropland, Administrator Vergin Administrator Vergin The Council members were in receipt of a staff report from Administrator Vergin regarding the herbicide/pesticide usage on cropland in the rental agreement. There Revenue Request were no actions or comments. Information: Legal, Revenue Request Information: Legal, Planning, Building Inspection Services Planning, Building Inspection Services Jacobs questioned if the legal general City business category included both civil and criminal amounts. Administrator Vergin responded that the amount included both, and they could do a breakout of each.. LMC Article, Mayor LMC Article, Mayor Guenthner Guenthner Guenthner encouraged the Council members to read the articles written by Jim Miller in the League of Minnesota Cities magazine, emphasizing that the public elects Council members to exercise judgment to not bend to the temporary will of ISD #883 – Request the public; doing so would be a disservice to the public that elected them. Meeting of Governing ISD #883 – Request Meeting of Governing Bodies/Commonalities within the Bodies/Commonalities Area within the Area Depending on the specific meeting schedule, Jacobs volunteered to represent the City of Corcoran. 7795 Corcoran Trail 7795 Corcoran Trail West Grading Permit West Grading Permit Engineer Vander Top wanted the Council members to be aware that a grading permit had been issued for 7795 Corcoran Trail. Neighboring property owners have raised concerns regarding the possibility of flooding issues. Vander Top will continue to monitor the filling and grading associated with the permit. Workshop Agenda Workshop Agenda Guenthner asked if there were any comments concerning the workshop agenda or procedure. The meeting will begin at 8:30 a.m. on Saturday, February 24, 2007. Adjournment The anticipated adjournment time would be between 11:00 and 11:30 a.m. ADJOURNMENT MOTION by Thomas, seconded by Grabowski, to adjourn at 10:15 p.m. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) ______________________________ Sue Vergin, Acting City Clerk Page -6-