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HomeMy WebLinkAbout2007-07-12 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on July 12, 2007, at city hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Grabowski, Councilor Roll Call Jacobs, Councilor Hudok and Councilor Thomas. Also present were Chief Gormley, Engineer Vince Vandertop, and Administrator Vergin. 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 the following changes: add 7.d. Medina Utilities; 8.f. Move Council Meeting Night; 11.d. Meeting with Rockford School District; 11.e. Newsletter Feedback; and 11.f. for any items not covered under other areas of the agenda Voting Aye: Grabowski, Guenthner, Jacobs, Hudok, and Thomas. (Motion carried 5:0) OPEN FORUM & PRESENTATIONS Open Forum & Presentations Open Forum – No one. Command Post Trailer Presentation of Police Reserves Command Post Trailer – Chief Gormley announced that there were 25 local businesses and organizations that made contributions to the Corcoran Police Reserves for the acquisition of the new command post trailer. He recognized Reserve Officer Emerson and Police Officer Burns for their work on this project. Chief Gormley also recognized contributors that were present in the audience, Matt Pitel of Acoustical Innovations, Chad Robran of the Corcoran JC’s, and Russ Poplar of the Corcoran Lions. Matt Pitel addressed the council stating that he was proud to be a part of it, and extended his thanks to others that contributed. This will be a great tool and resource for the community. Chad Robran also expressed his gratitude. Mayor Guenthner expressed his profound thanks to the many volunteers and businesses that contributed to this community project. WOODLAND ORDINANCE PRESENTATION Woodland Ordinance Mayor Guenthner informed those present that the Council would receive this Presentation presentation as information tonight and would not take any public comments, but would schedule a meeting at a later date specifically to take public input on the matter. Consultant Sherri Buss stated that she would try to address the where, why and what approaches for an ordinance, what is in the current ordinance and what changes would be required if the City proceeded forward with a woodland ordinance. The City has a Natural Resource Inventory that identifies maple basswoods, aka “big woods”, these are woodland areas that have a high value. They provide habitat value, aesthetics and character to Corcoran, and economic value to properties. Woodlands have no federal or national protection, therefore it is up to the local units of government to determine if they choose to protect and preserve them. Tools to protect can be “Carrots”. These can be incentives or rewards to protect them, such as density bonuses, allow narrower pavement, perhaps a quicker Page -1- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 process. “Sticks” or regulations could be put in place to prevent cutting, or require the replacement of what is removed. Some cities require 20 – 50 % of the woods to be retained. The City cannot prevent the entire area from being untouched. Incentives are the desired tools. This allows negotiation, but does not guarantee protection. Ordinances can become controversial and painful. They typically will also require that the City have a Forester or staff person that monitors removal of trees. Currently the City has a Park Dedication Ordinance which allows the City to request dedication of these areas. The City has the ability to purchase these areas with park dedication fees. The City’s current Open Space Preservation Ordinance provides incentives to preserve open space, as does the Planned Unit Development Ordinance for development within the area that will be served by infrastructure. The City also has the ability to accept donations from landowners. In conclusion Ms. Buss indicated that the purpose would not be to protect individual trees, but to focus on woodlands that are identified in the City’s Comp Plan, and that the preference to do that is to provide incentives. Mayor Guenthner thanked Ms. Buss for her presentation. The Parks & Trails Commission is looking for direction from the Council on how to proceed. Since there are strong public views on both sides recommends that the City hold a public meeting to allow public discussion on the topic. The council was in consensus to hold a public meeting with the Parks & Trails Commission. Therefore Mayor Guenthner called a meeting for public comments on a woodland ordinance for Tuesday, September 18 at 7:00 p.m., noted that written comments would also be welcomed. Staff will provide notice of the meeting in the local media and website. 2008 ASSESSING SERVICES – HENNEPIN COUNTY ASSESSOR 2008 Assessing Services Tom May, Hennepin County Assessor, was present to address the assessing services that the County can provide. Currently they provide services to 25 of the 45 cities. Contracts are for four (4) years, with a four-year extension. The City is responsible for providing information to the Assessor, such as building permits. The storage of records will depend on where the city wants them to be stored. They do have mobile offices is some of the cities, some cities retain the records at their city offices. Payments for services are divided into two payments, first ½ is due in December prior to the Board of Review, and the second ½ is due in July following the Board of Review. Costs are based on what is actually incurred. The first ½ payment is an estimate with the second ½ based on actual costs, which will include a cost of living adjustment. If there is a lot of new construction within the City the costs will be higher. For the 2008 assessing services the County has estimated the cost to be at $51,000. Mr. May noted that if there are a lot of new parcels created then there would be an adjustment to the fee. The City needs to provide a person that will accept homestead applications and that can answer simple questions. All other matters would then be referred to the county appraisers. Councilor Thomas questioned if the City can break the contract within that 4-year period. Mr. May responded that the reason for the 4-year contract is for the stability, as it does impact their staffing. However, there is a clause that allows the City to break the contract if the cost increases by more then 10 percent. Mayor Guenthner requested Mr. May to address the process a homeowner would Page -2- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 go through if they challenged their assessed valuation. Mr. May stated that the property owner should first contact the appraiser, then they can go to the Board of Review, if there is no local Board of Review then they would go to the Open Book meeting, then they would proceed to the County Board of Review. They also have the option of Minnesota Tax Court. It was clarified that if the City chooses to have an Open Book meeting rather then a local Board of Review, the City Council does not have the authority to approve or deny adjustments to valuations. Mayor Guenthner stated that the Council needs to address the pros and cons and address this during the budgeting process. Administrator Vergin questioned what the deadline would be for the 2008 assessing services. Mr. May responded that changes are preferred to be done after the Board of Review, which is in April, as work begins for the next assessment year shortly thereafter. Mayor Guenthner called a brief recess. UNFINISHED BUSINESS Consultant Services Revenues Consultant Services Councilor Jacobs provided a breakdown of the average dollar amounts spent by the Revenues City over the past four years for legal, engineering, and planning services based on data provided by the City Administrator. Councilor Jacobs felt that this information would be useful for budgeting purposes and future planning. Resolutions, Planner Gartner Resolutions, Planner MOTION by Grabowski, seconded by Thomas to table Resolutions No, 2007- Gartner – Tabled 2007-42, 2007-43 and 2007-44 in lieu of the absence of Planner Gartner. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) Pavement Management – Broader Policy Discussion Pavement Management Mayor Guenthner questioned if the City does traffic counts to create a priority for roads. Councilor Thomas stated that the information from the Pavement Management Committee is based on data provided by the City Engineer. That it is the Committees intent to start addressing the prioritizing of the roads after completing these discussions with the Council. Engineer Vander Top informed the Council that the City is required to do traffic counts every other year, and this is our year. Councilor Jacobs expressed his concern that the funding math is skewed; need to find other revenue sources. Need to have more discussion and clarification from the City Attorney as to fees charged within and outside of the MUSA area. Similar to what is taking place with the park dedication fees that are consistent through out the City. Mayor Guenthner stated that the City should be asked through a referendum whether the public wants to improve these roads. If it is of value to the residents then the referendum would be supported. Expressed that he has concerns with the sales of building rights within the non-MUSA area, as that is intended to remain Page -3- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 rural in perpetuity. Councilor Thomas stated that there will not be any one source of funds that will do it all. Additional discussion ensued with regards to the sale of building rights. Concern that there is an inequity in values. That the City could create transfer in and transfer out zones, so that development was limited. Then there is the concern of what the market will be able to bear. Mayor Guenthner stated that he would like to see a model of the bonding, and eventually it would be information that the City can provide to the public to educate them on the bonding proposal. Jacobs noted the Cain Road development north of County Road 30 where the developer had paved part of Cain Road in return for extra lots. This was a situation where the extra density was achieved with less negative impact on neighbors since they fronted a large wetland. Mayor Guenthner suggested that the Council focus on the area charges and the modeling for the bonding at this time. Councilor Thomas stated that based on comparisons of past and developments currently in the review process that a minimum of $2,000 an acre with a maximum of $8,000 per unit for an area charge seems fair, and that by capping it similar to the park dedication fee would work well. The consensus of the Council was that they preferred the per unit charge. MOTION by Thomas, seconded by Grabowski to modify the area transportation Approve Area Trans- fee for the non-MUSA residential properties at $8,000 per unit. Voting Aye: portation Area Charge Grabowski, Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) Non-MUSA Areas It was noted that the City will still need more definitive information from the City Attorney on fees within and out side of the MUSA area. Councilor Thomas stated that the City also needs to address commercial / industrial areas within the non-MUSA area as well. Councilor Jacobs suggested that perhaps that could be based on traffic generation. Engineer Vander Top stated that if $8,000 is used for residential, and residential units are equivalent to 10 trips per acre, then perhaps retain a per acre charge for the commercial properties. Extend Area Trans- MOTION by Thomas, seconded by Grabowski to extend the $8,000 per unit portation Charge to transportation fee to commercial / institutional industrial properties out side of the Commercial/Industrial MUSA area, pending further review by the City. Voting Aye: Grabowski, uses in Non-MUSA Area Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) Discussion on the Motion: Hudok stated that it would be his assumption that the Commercial/Institutional fee will be higher than the residential fee. Thomas stated that it could be higher or it could be lower. When using examples of residential development, whether you use a per unit or a per acre fee it came out the same. Hudok expressed concern that the City may be setting the fee to low. Page -4- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 Mayor Guenthner stated that is a risk that the City takes, until it can be reviewed further. VOTE ON MOTION : Voting Aye: Grabowski, Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) Councilor Thomas informed the Council that they will work with city staff to prepare a draft assessment policy based on the committee’s recommendations. He suggested that the committee be utilized as a clearinghouse for petitions and look at prioritizing streets. Mayor Guenthner complimented the Pavement Management Committee on the 2008 Budget work that they have performed. 2008 Budget Call Workshop 7/19/07 Call Budget Workshop – Mayor Guenthner called a budget workshop for Thursday, July 19 at 6:30 p.m. It was noted that both Guenthner and Grabowski would be absent from this meeting. Mayor Guenthner noted that the first meeting is a broad overview of what goes on in each department, very general information. Then as the city proceeds through the process will get into more line item discussions. Council Goals & Council Identify Goals and Objectives – Each Council member was asked to Objectives identify their goals and objectives for 2008 that will impact the City budget. Guenthner: 1. Comprehensive Plan process and costs for 2008. 2. Public Works feasibility study for a facility. 3. Discuss feasibility of funding park recreation complex facility. 4. Financial model for conversion of current time off benefits to the proposed PTO based on current employee database. Jacobs: 1. Look at how the City spends money. Thomas : 1. Focus on the gravel budget. 2. Look at an in-house planner to augment the current planner. Grabowski: 1. Address escrow monitoring and the co-mingling of funds. Hudok – nothing further to add. Mayor Guenthner stated that these are round table discussions and are open to the public. Shannon Lane Bridge/Culvert Shannon Lane Culvert Engineer Vander Top stated that the box culvert under Shannon Lane is classified by the State as a bridge, due to its length and has been identified for replacement. Two options are proposed, Option 1 – existing culvert would be replaced with a CMP culvert by public works for a total estimated cost of $61,000; Option 2 – existing culvert would be replaced with a concrete box culvert to be installed by a contractor, as public works does not have the equipment for the installation of a box culvert, for a total estimated cost of $214,000. Both options include widening the existing roadway to 22 feet with 3-foot shoulders, and extending the length of the culvert to eliminate the guardrails. If Option 2 is used the City can seek Page -5- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 funding through the State, however funds would not be available until 2009 due to veto action by the Governor eliminating the 2008 funding. With either option the responsibility of the City would be approximately $60,000. Vander Top further noted that the bridge is failing, but it is not imminent. In the event that it did fail now, there are emergency funds that would be available. Thomas questioned the life expectancy of the two options. Vander Top stated that Option 1 would be approximately 20 years, while Option 2 would last approximately 50 years, as the concrete is more structurally sound. Grabowski questioned if this was located in a high traffic area and if funds would need to be secured from the State prior to any work being performed. Vander Top replied that it is a low traffic area, and that no construction work could occur until funding was secured. Jacobs stated that this is a one-way in and out access to a dead end. There are other corrugated bridges within the city where the money could be used. Higher traffic areas would be his preference. Vander Top stated that there are other bridges in the community that are deficient that will need to be replaced. The City could request funding for all of those, but there would still be out of pocket expenses incurred by the City. Hudok questioned if the funding is based on a first come first serve basis. Vander Top explained that the City’s request would become part of the bonding amount, so if the bonding is approved through legislation, then the city would receive their monies. The City would not be bumped. Hudok questioned if the requests for funding are assessed on needs. Vander Top stated that they are based on a bridge rating, and the City would not be bumped. Guenthner stated that the City could do either option for approximately $60,000. In 2008 can replace with corrugated, or wait until 2009 and replace with a box culvert. The City can get a longer service life for the same amount of dollars. Vander Top stated that he is asking the Council to authorize the preparation of plans and specifications for submittal to the State for funding and then consider funding sources during the budgeting process for the $60,000 that would be the City’s portion. Hudok stated that if the City were to go with Option 2 and proceed to spend money, and then there is no State funding the City would then need to expend additional dollars to proceed with Option 1. After some additional discussion it was the consensus that additional information was needed. Directed the Engineer to provide more detailed cost breakouts on the engineering costs and provide further clarification on Option 3. They also requested that Public Works Superintendent Pat Meister be in attendance for his comments and to provide information on the culvert that they replaced on Strehler Road. Rick Zbikowski, 9101 Shannon Lane, requested an opportunity to address the council as a resident on that street. He questioned if there would be an assessment to the residents; would like to hear why widening the road; concerned with costs of Page -6- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 engineering to replace something that is already there; why not wait and do this in 2015 when services are proposed to come to the neighborhood; would there be a cost savings be leaving the width and reusing some of the materials. Mr. Zbikowski was thanked for his comments and questions and informed that this matter would be placed back on the next agenda for further review. Medina Utility Agreement Medina Utility Agreement Mayor Guenthner questioned the status of the agreement with Medina. Councilor Grabowski responded that he has not been successful in reaching Medina’s council member Johnson to address the issues of reimbursement. Staff was directed to prepare a statement of where we are at in the process of the agreement and where we would like to be. This is to be in letter format to be signed by the Mayor to Mayor Crosby. Councilor Grabowski and Mayor Guenthner will review prior to finalizing. NEW BUSINESS Escrow Process / Procedures Escrow Process /Procedures Administrator Vergin had prepared a memo with back up material on the process of how escrows are tracked and processed. The consensus of the council was to address this further during the budgeting process. City Hall Lighting City Hall Lighting Administrator Vergin informed the Council that the City has become aware of a matching grant that can be utilized for security lighting purposes. Staff has concerns with a lack of lighting in areas of the parking lot. It is estimated that additional lighting could cost upwards in the area of $20,000, the city’s share being $10,000. If the Council feels that there is a lack of lighting and would be in favor of pursuing this, then the council needs to identify where the funding would come from, either through the general operating budget or the CIP budget. The council requested that the timeline for grant submittal be verified and that this matter be addressed further during the budget process. Met Council Assistance Met Council Planning Assistance Grant, Resolution No. 2007-48 Grant, Res No. 2007-48 MOTION by Thomas, seconded by Grabowski, to approve Resolution No. 2007- 48, authorizing staff to prepare a budget and work plan for a surface water management plan for submittal to the Met Council for a planning assistance grant. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) Hwy 55 Corridor Call Workshop with Hennepin County – Hwy 55 Corridor Workshop 7/26/07 Mayor Guenthner called a meeting for July 26, 2007 at 6:15 p.m. prior to the regular council meeting for the purpose of a work session with Hennepin County to review matters relating to the Highway 55 corridor. Resignation of Commissioner / Committee Member Tom Cossette Resignation – Tom Cossette Tom Cossette submitted his resignation from the Planning Commission, Parks & Trails Commission, and the Pavement Management Committee. The Council acknowledged Mr. Cossette for his service to the community, over the years he has contributed significantly, and hope that he will be back in the future. Page -7- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 Staff was directed to shift the alternate positions to fill the vacancies and then advertise for alternate positions. Council Meeting Night Council Meeting Night Mayor Guenthner asked the council to consider moving the regular council meetings to Mondays rather then Thursdays. There seems to be a lot of conflicts with people attending on Thursdays, as well as other days during the week. Mondays seem to have the least conflicts. Holding meetings on Mondays would also allow ample time to get the minutes to the paper for publication the following week. He asked that the Council keep that under consideration for discussion at a later date. CONSENT AGENDA Consent Agenda MOTION by Grabowski, seconded by Hudok, to approve the following consent agenda items: St Thomas Gambling 9.c. St. Thomas Lawful Gambling License, Resolution 2007-49 License 9.d. Savoie Wetland and Topography Exemption, Resolution No. 2007-50 Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas. (Motion Carried Savoie Wetland /Topo 5:0). Exemption 9.a. June 14, 2007 Council Meeting Minutes - will be held over to the next meeting. Council members are to provide text changes to staff. Concern was raised 6/14/07 Minutes Tabled by Councilor Jacobs and Councilor Grabowski regarding the action taken at this meeting to pursue the collection of Laurent’s outstanding escrow balance under the advice and direction of the City Attorney. Expressed concern that the Administrator had not communicated the direction of action to the Attorney. Administrator Vergin indicated that she has been in contact with Attorney Langel and this matter has been scheduled for the July 26 Council meeting. 6/28/07 Minutes Tabled 9.b. June 28, 2007 Council Meeting Minutes - will be held over to the next meeting. Council members are to provide text changes to staff. Worth Land Division 9.e. Bill Worth, Land Division, Resolution No. 2007-51 – concerns by council Tabled that it is a metes and bounds but not a simple straight line, also creating a lot with no building rights. MOTION by Thomas, seconded by Grabowski to table consent agenda items 9.a., 9.b., and 9.e. to the July 26 council meeting. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs, and Thomas. (Motion Carried 5:0) CLAIMS AS PRESENTED Claims Approved 10.a - Escrow Claims (Fund #500) $10,072.25 MOTION by Grabowski, seconded by Hudok, to approve Escrow Claims (Fund #500) as presented. Voting Aye: Guenther, Grabowski, Thomas, Hudok and Jacobs. (Motion carried 5:0) 10.b- Building Inspection Claims None. 11.c. -All Other Claims $180,057.24 MOTION by Hudok, seconded by Grabowski, to approve All Other Claims as Page -8- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 presented. Voting Aye: Guenther, Grabowski, Thomas, Hudok and Jacobs. (Motion carried 5:0) Reports COUNCIL AND STAFF REPORTS Planning Commission, Liaison Hudok Planning Commission Councilor Hudok provided an overview of the planning commission meeting held on July 10. Hank/ Donita Preliminary Plat was approved with conditions. St. John’s Luther Church application was approved with conditions. Corcoran Wildlife Preserve was tabled due to concerns with drainage and clarification required on park dedication requirements. Kelly’s West Oak was approved with conditions. The sign committee is continuing to work on a draft ordinance. Elm Creek Watershed Elm Creek Watershed Presentation, August 8, at 7 PM Meeting Mayor Guenthner announced that there would be a presentation by the Elm Creek Watershed on August 8, at 7 p.m. at the Maple Grove City Hall. This meeting will be noticed in the event that a quorum of the Council and/or Planning Commission are in attendance. Miscellaneous Correspondence Miscellaneous None. Meeting with Rockford School District Rockford School Dist Mtg Administrator Vergin reported that a meeting had been held with representatives from the Rockford School District, Board Chair Doug Kesky, Board member Gordy Thomas and Superintendent Mike Smith. Representing Corcoran where Parks & Trails Commission Chair Chad Robran, Planner Gartner and Administrator Vergin. The meeting had been called at the request of the Parks & Trails Commission to pursue the information that the School District may be interested in selling their property located adjacent to the City park property. During this meeting it was clear that they are not interested in selling the land at this time, to the general public, but the Board Chair indicated they would be open to discussing a sale to the City \[per the lease agreement between the City of Corcoran and the Rockford School District\]. They did indicate that they are very willing to continue to work collaboratively with the City and have been pleased Newsletter Feedback with the current agreement. Newsletter Feedback Councilor Jacobs raised concern that there was information in the last newsletter regarding swimming pool permits, as the City has agreed they would not pursue the permitting of temporary pools. Administrator Vergin stated that if the pool is required to have a permit per the State Building Codes then the City is required to adhere to that. 2006 Audit Preparation Other Items not Covered Councilor Jacobs requested that the City Attorney review the 2006 audit as to whether or not it was prepared properly as it pertains to the escrow accounts. Staff was directed to contact Attorney Langel and place this item on the July 26 agenda. Adjournment ADJOURNMENT MOTION by Grabowski, seconded by Thomas, to adjourn, 10:05 p.m. Voting Page -9- CITY OF CORCORAN CITY COUNCIL MEETING July 12, 2007 Aye: Grabowski, Guenthner, Hudok, Jacobs, and. Thomas. (Motion carried 5:0) _____________________________ Barb Larson, City Clerk/Treasurer Page -10-