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HomeMy WebLinkAbout2007-12-27 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on December 27, 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 Administrator Vergin, City Planner Gartner, Police Chief Gormley, Public Works Meister, and City Attorney Langel. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Agenda Approval AGENDA APPROVAL MOTION made by Grabowski, seconded by Hudok, to approve the agenda with the following changes: Deleting of Item 5a – Corcoran Resident Receives Ten Outstanding Young Minnesotan Award Deleting of Item 7 – RFP Phase 1 Recommendation Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Recognition RECOGNITION: Donation to Police Dept Donation to Police Department Chief Gormley explained that the Wise family sent a thank you card and a donation to the police department. Mr. Wise became ill and passed away this fall. The family was very appreciative for the police department’s response and care the police department gave to Mr. Wise. This donation was acknowledged and accepted during the December 13 Council Meeting. Planning Commission PLANNING COMMISSION BUSINESS Business: RJ’s CUP Amendment, Resolution No. 2007-101 RJ’s CUP Amendment, Resolution No. 2007-101 Planner Gartner presented that the applicant Ron and Julie Reh are doing business as RJ’s Corner Store. They are proposing an 8-foot by 25-foot addition to the existing convenience store. This addition will add an additional restroom and service/storage area required as a result of recent remodeling of the existing stores interior. No existing site utilities will need to be relocated in order for the new addition to be constructed. RJ’s Corner Store utilizes a holding tank for its sanitary wastes. The holding tank has sufficient capacity to accommodate the proposed expansion. The NAPA store was added to the existing service station in 1999, the City Code then in effect, required that the project should have been approved as an amendment to a CUP. The City files show that the site plan was approved in 1999, but there was no adopted resolution approving a CUP amendment. The current application requires that an amendment to the CUP be adopted. RJ’s Corner Store is a legal non-conforming building because it does not meet the setback requirements from an arterial street. The proposed addition is allowed since it does not increase the setback non-conformity. It appears that this is an attempt to amend a CUP that wasn’t found, and the City is amending something that doesn’t exist. The question asked was, wouldn’t it make sense to create the Conditional Use Permit instead of amending something that wasn’t created? Administrator Vergin reported that the only record found was a setback variance which was granted in 1999. Attorney Langel suggested checking with the County to see if a CUP was filed with the County. Page -1- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 It was suggested to modify the resolution to approve an addition to RJ’s corner store, instead of approving the amendment CUP part of the resolution. City Planner Gartner added that the ordinance requires the council to consider the application as an amendment to the CUP. There was some discussion about the removal and replacement of a portion of the existing sidewalk. The applicant isn’t complying with the sign ordinance and it was suggested that the applicant be required to be in compliant with the sign ordinance. The banner that is being used isn’t currently compliant with the sign ordinance and it needs to be addressed. Another issue that was discussed was cars driving on the berm. A suggestion was made that some curbing be added to prevent the cars from driving on the berm. Councilor Jacobs questioned, as a long time resident, if the area in the Co. 10 R/W could legally be blocked off, because there is a long history of the public driving over the area later defined as a “berm”. There also was some concern about a kerosene tank that was added to the property and whether or not it is compliant with the zoning use. It was suggested that staff check with the county to see if a Conditional Use Permit was filed before approving the CUP amendment. No action was taken by the Council on this application. Unfinished Business: UNFINISHED BUSINESS Auditing RFP Proposals Auditing RFP Proposals Administrator Vergin explained that there were three proposals received in response to the request for proposals. After reviewing the proposals, it appears that all are qualified firms and have met the requirements of the proposal. Based on the budget restraints it is recommended that the city accept the proposal from Abdo Eick and Meyers for 2007 services and consider seeking proposals again the following year. MOTION made by Grabowski, seconded by Hudok to accept the proposal from Abdo Eick and Meyers for 2007 services. Council Jacobs suggested using Kern DeWenter Viere. Even though the firm is a little more expensive, it might be worth it for the city to pay a bit extra to have different eyes auditing the finances than the city has had in previous years. This lead into discussion about Council’s views of the auditing process. The Council consensus was that there is no harm in changing firms from time to time, but because of the current budget, there isn’t the extra funding for an additional expense, therefore the city needs to go with the firm that proposed the lower cost. VOTE ON MOTION : Aye: Grabowski, Guenthner, Hudok, and Thomas Nay: Jacobs (Motion carried 4:1) City Tax Trends City Tax Trends Councilor Jacobs presented a graph that showed Public Works and Police Expenditure History and the cities share of the taxes. Gartner Scope of Work Gartner Scope of Work City Planner Gartner presented a proposal that the city would pay Gartner Engineering a fixed fee of $6,000 per month ($72,000 annually) for all general fund (Fund 100 Account) work. All of the escrow fund (500 Account) activity, Page -2- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 where the applicants are charged for engineering/planning services performed, would be paid 100% to Gartner Engineering. Those services will be charged at 2008 hourly rates The overall cost to Corcoran taxpayers will be $72,000. It was noted that Waldron and Associates have also proposed, at no charge, to perform code enforcement functions. It was suggested that the City be billed for the services, instead of having an annual contract amount. The purpose of this suggestion was there might be the opportunity of not needing that much services in one months time, so therefore the City could save some money, instead of paying a set $6,000 per month. This lead into a discussion between the council members about whether or not the city should be invoiced for services performed monthly or is it best for the City to enter into a contract for services and pay the same amount each month. A suggestion was made that the City pursues RFP’s from other firms. A question was asked if Waldron and Associates proposal for providing code enforcement at no cost to the city was in writing. City Administrator Vergin answered that the proposal was given to council at the December 13 council meeting. It was asked how much Planner Gartner would reduce the proposal if he didn’t have to do code enforcement. City Planner Gartner answered that his proposal could be reduced about $4,000 – $5,000. No action was taken by the Council. NEW BUSINESS New Business: Personnel Handbook Amendment Personnel Handbook Amendment Administrator Vergin presented proposed changes to the Personnel Handbook. Attorney Langel reported on some of the changes his firm is recommending to the Personnel Handbook and he explained that some of the changes to the handbook have been approved previously with the employee PTO/benefit changes. There was some discussion about overtime pay and when overtime should be considered. Would it be after working 8 hours a day or after working 40 hours a week? It was suggested that staff and council discuss the overtime and callback pay after the council has a chance to review Attorney Langel’s changes to the handbook. A suggestion was made for the city to implement a comp time policy. This lead into discussion between staff and council about the disadvantages to staff with the comp time policy. Staff was directed to check into the impact to the city budget if the city were to take an approach that vacation and sick time, now referred to as Paid Time Off, can be counted towards their 40-hour week; so if they get called into work after regular scheduled hours that the employee is entitled to overtime pay. 2008 Public Works 2008 Public Works Allowances, Resolution No. 2007-102 Allowances – Resolution No. 2007-102 Public Works Meister presented that there are two modifications in allowances being proposed. Boot allowance is currently $125 and is the proposal is to increase it to $150. The Cell phone allowance is currently $20 and the proposal is to increase it to $25. A question was asked if the City could participate in a shared plan. Public Works Miester answered that he doesn’t believe Nextel offers a shared plan, but he will Page -3- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 look into it further. Public Works Meister explained that the phones are used for him to keep in contact with his workers and to contact them when they are needed to return to work after regular scheduled hours. MOTION made by Thomas, seconded by Grabowski, to approve Resolution No. 2007-102, A Resolution Setting Public Works Allowances. Councilor Thomas noted that he wants Public Works Meister to check into if Nextel offered a shared type of plan. VOTE ON MOTION: Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas. (Motion carried 5:0) Police Officer Union Contract Amendment Police Officer Union Administrator Verginpresented that the amendments to the contract that are Contract Amendment consistent with the PTO/Benefits package. It was suggested that some grammar modifications be made to the contract, due to some parts being worded in the third person. MOTION made by Grabowski, seconded by Hudok, to approve the amendments to the Police Officer Union Contract. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Bechtold Road Bechtold Road Councilor Hudokreported that he received a phone call from a resident stating that his wife had went off of the road due to the road conditions and crown on Bechtold Road. Public Works Meister explained that due to the road being frozen nothing could be done at this time. If the road wasn’t frozen the crown could be cut a little, but because of the shape of the road there isn’t much more that can be done. He also added that residents need to remember they are driving on a gravel road and should slow down a bit. A resident suggested that the area be sanded a little bit because he just pulled someone else out of the ditch today because of road conditions. It was noted that there have been some positive feedback from residents regarding the road conditions and the crowning of some of the roads. Staff was directed to try sanding the area on Bechtold road where there are concerns by residents. CIP Purchase, Public CIP Purchase, Public Works Works Public Works Superintendent Meister presented that the public works department is requesting to purchase a Combination Tractor Ditch Mower Unit for 2008. Currently Public Works is using the staff of two people, each using a tractor and mower unit. The current tractor cannot be fitted with the mowing attachment without major modifications, which would add to the expense of the maintenance costs. The benefit of purchasing this unit would reduce the time and labor to only one person and there will be a savings of fuel and other operating costs, along with wear and tear. A question was asked on what the total amount being spent will be. Public Works Page -4- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 Meister answered that the purchase price will be about $40,000. There was some discussion about the operating costs. MOTION made by Thomas, seconded by Hudok, to approve Public Works to proceed with the purchase of a Combination Tractor Ditch Mower Unit. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Consent Agenda Items CONSENT AGENDA Approved: 10a. December 13, 2007 Minutes December 13, 2007 MOTION made by Thomas, seconded by Grabowski, to approve the December Council Minutes 13, 2007 Council Minutes with the following changes: th Page 2, 6 paragraph should read: “A suggestion was made to limit the growth to 3%. Request staff to figure out where to decrease the budget allowing only for a 3% increase. Concern was raised that if the staff is requested to reduce the budget by an arbitrary amount, then the Council should allow them to set policy in order to reach the requested goal. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Authorize Staff to Process 10b. Authorize Staff to Process Year End Claims Year End Claims A question was asked on what type of payments would be made. Administrator Vergin answered that the payments would be for 2007 invoices. Most of the invoices have been processed, but there may be a couple more to come in within the next couple of days. MOTION made by Grabowski, seconded by Thomas, to authorize staff to process year-end claims. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) It was noted that no employee reimbursements would be processed without prior council approval. CLAIMS Approval of Claims a. Escrow Claims (Fund #500) $6,387.06 MOTION made by Thomas, seconded by Hudok, to approve the escrow claims as presented, totaling $6387.06. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) b. Building Inspection Claims $10,944.54 MOTION made by Grabowski, seconded by Hudok, to approve the building inspection claims as presented, totaling $10,944.524.Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) c. All Other Claims $ 91,857.91 MOTION made by Hudok, seconded by Grabowski, to approve the all other claims as presented totaling $91857.91. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) COUNCIL AND STAFF REPORTS: Council & Staff Reports Parks and Trails Commission (November Meeting) Councilor Hudok reported on some of the highlights of the November 2007 Parks Page -5- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 and Trails Commission Meeting. The commission has decided on the firm to Parks and Trails complete the Phase 1 Feasibility Study for the Corcoran’s Recreation Complex. Commission (Nov Mtg) They are thinking about doing some City hall ground enhancements. One idea is adding a gazebo to the north side of city hall. Another highlight was the updating of the software project, mapping of easements, this should be completed soon. During this meeting there was also some discussion about possible changes of meeting dates and possibly adding a youth member to the commission for younger prospective. Planning Commission Planning Commission Councilor Hudok reported on some of the highlights of the December Planning Commission Meeting. One of the discussion items was the CUP amendment for RJ’s corner, which was approved and sent to council for approval. The commission is working on setting up a joint planning workshop for 2008. The Commission felt that Prairie Creek Estates Final Plat should have come back to them for review due to the drastic changes from the original preliminary plat they had approved. The City Planner is working on Ordinance updates and there was a suggestion made to add a subcommittee for changing of the ordinance updates. The commission also discussed the Comp plan review. Parks and Trails Parks & Trails Commission (December Meeting) Commission (Dec Mtg) Councilor Jacobs reported that during the December Parks and Trails Commission meeting there was discussion about meeting summaries being signed. During the meeting there was some discussion about the plan review for the Bechtold Family Estates. After that discussion item was completed City Planner Gartner left the meeting and this lead into a discussion about whether the City Planner should have been present through out the whole meeting. Another major discussion was the status of the commission terms and applications. There seems to not be many applications coming in and several of the members are leaving the commission the Status of 2008 Budget end of December 2007. Status of 2008 Budget Administrator Vergin reported that the department heads are meeting and continuing to work through the 2008 budget. The tax levy was reduced based on the 3% cap. Therefore the levy that was certified to the County was reduced by $162,595 for a general property tax levy of $2,182,405. The budget hopefully will be presented to the Council the end of January. She asked for clarification on if the staff is to continue as directed or are they to make changes per input from the Council. Mayor Guenthner answered that staff is to use their best judgment and go thru each council suggestion and at the time the budget is presented to the council then staff can report to council reasoning for the modifications. Councilor Grabowski stated that as council members they are under an obligation to the citizens of the community to limit the growth of the government. And if we allow the government to grow at 9-10% per year, in ten years no one will be able to live in the City because they can’t afford to pay the taxes, Grabowski said. Status of Boos IUP Refund Status of Boos IUP Refund The City has received all final billings from Planner Gartner on this project and therefore has included an escrow reimbursement in the claims for all unspent funds. There is some clarification needed with regards to Mr. Boos letter seeking full reimbursement of all fees. Attorney Langel, Planner Gartner and Page -6- CITY OF CORCORAN CITY COUNCIL MEETING December 27, 2007 Administrator Vergin will be meeting after the holidays to address this further and will report back to the Council their findings. Miscellaneous Miscellaneous Correspondence Correspondence – Email Email – Councilor Jacobs Communication There was some discussion about communication between the city’s advisory staff and city staff and what steps the council can take to resolve the matter. It was suggested that council let staff handle the issues and to do what they can to improve communication with all of the staff. ADJOURNMENT Adjournment MOTION made by Thomas, seconded by Grabowski, to adjourn at 8:55 p.m. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) ______________________________ Barb Larson, City Clerk Page -7-