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Home My WebLink About2006-01-26 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING January 26, 2006 The Corcoran City Council met on January 26, 2006, at city hall in Corcoran, Call to Order Minnesota. Present were Mayor Cossette, Councilor Grabowski, Councilor Jacobs, Councilor Lymangood, and Councilor Thomas. Also present were Administrator Roll Call Vergin, Clerk Lindberg, City Engineer Vander Top, Planner Lindahl, Public Works Director Meister, and City Attorney Carson. Mayor Cossette called the meeting to Pledge of Allegiance order at 7:00 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval MOTION by Thomas, seconded by Grabowski, to approve the agenda with adding 10.c. New Traffic Signal at County Road 10 and 116 and moving agenda item 11.a. between 8.a. and 8.b. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Open Forum Chris Hudok —10725 Bechtold Road asked to make corrections to the comments he made at the December 22, 2005, Council meeting. Agenda Approval Open Forum Consent Agenda Consent Agenda December 22, 2005 Regular Council Minutes December 22, 2005 MOTION by Lymangood, seconded by Grabowski, to approve the December 22, Regular Council Minutes 2005, regular council minutes with including the word "only" before "one person" and the phrase "and there should be the accountability of others as well" in Hudok's remarks regarding the Resolution of Censure #2005 -89. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Public Works CIP Purchases Public Works CIP Public Works Director Meister was present to address questions concerning the Purchases CIP purchase of a Daewoo Excavator from Lano Equipment in the amount of $81,379 including trade value of $28,200 for the 1994 John Deere 310 D Tractor Backhoe and a 2006 Chevrolet Silverado 2500 HD from Polar Chevrolet in the amount of $27,697. We will be seeking bids for the 2001 Chevrolet Silverado. MOTION by Thomas, seconded by Lymangood, to approve Public Works CIP Purchases as presented. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Approval of Claims: Approval of Claims: Escrow Claims (Fund #500) Escrow Claims (Fund MOTION by Grabowski, seconded by Thomas, to approve the Fund #500 Escrow #500) claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Building Inspection Claims (Fund #405) Building Inspection MOTION by Thomas, seconded by Grabowski, to approve the Fund #405 Claims (Fund #405) Building Inspection claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) HRUA Related Claims HRUA Related Claims None. All Other Claims as Presented All Other Claims as Page -1- CITY OF CORCORAN CITY COUNCIL MEETING January 26, 2006 MOTION by Thomas, seconded by Cossette, to approve all other claims as Presented presented. Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) Recognition of Donation, Resolution No. 2006 -03 Mayor Cossette read the resolution of acknowledgement and acceptance of an anonymous donation of $831.15 toward training classes for the Corcoran Wastewater Commission. MOTION by Lymangood, seconded by Thomas, to approve Resolution No. 2006- 03 with changing the word "donator" to "donor" and adding "WHEREAS the donor's name is considered public information and available upon request at City Hall ". Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Recognition of Donation, Resolution No. 2006 -03 PLANNING BUSINESS PLANNING BUSINESS Swimming Pool Ordinance Swimming Pool Planner Lindahl was present to review the history and proposed changes to the Ordinance Swimming Pool Ordinance. Lindahl stated the issue was the fencing around swimming pools. Following a lengthy discussion concerning the City adopted State Building Code, exemptions within the State codes, permit requirements, and the necessity of a City requirement for fencing, the following motions were made: MOTION by Grabowski, seconded by Jacobs, to direct the City Inspector to summarize all State Building Code swimming pool requirements into a handout for residents at City Hall. MOTION TO AMEND by Lymangood, seconded by Thomas, to annually review the handout for code updates and to insert a hold harmless disclaimer in bold on the front page of the handout including it is the sole responsibility for the property owner to comply with all applicable State codes. Voting Aye to amend the motion: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Voting Aye to approve the amended motion: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) New Traffic Signal at County Road 10 and 116 Lymangood inquired on the status of the speed study for the intersection of County Roads 10 and 116. Lymangood was concerned with the signal lights being turned on and the speed limit of 55 mph through the busy intersection. Engineer Vander Top agreed to follow up with Hennepin County concerning the speed study. Vander Top will also request advisory signage at the intersection in an attempt to lower the speeds. New Traffic Signal at County Road 10 and 116 County Road 101 Neighborhood Meeting (1/24/06) County Road 101 Engineer Vander Top reported the residents were informed the soil borings were Neighborhood Meeting completed and identified the permanent and temporary easements needed to (1/24/06) facilitate the proposed alignment of the sewer /water service. Vander Top said there was some disagreement expressed by the residents concerning the easement values proposed by the City. Options discussed were to hire an appraiser to establish valuations, realignment of the service to follow County Road 101, and provide information of how the valuation will impact the property tax values. Vander Top suggested setting another meeting with the residents to continue the discussions. Page -2- CITY OF CORCORAN CITY COUNCIL MEETING January 26, 2006 Ordinance No. 227 - Zoning Planner Lindahl reviewed the annual recommended updates to the City's ordinances. There was a discussion of the wording for Agricultural Preserve acreage from "more or less than 40 acres: to "40 acres ", rear setbacks within or outside of the MUSA, and storage of recreational vehicles. MOTION by Lymangood to replace B.1. on page 3 of Ordinance No. 227 with the State language. There being no second, discussion continued. MOTION by Thomas, seconded by Cossette, to establish a policy of where 40 acres is referenced in the code, a minimum of 38 acres would be imposed. Voting Aye: None. Voting Nay: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion fails 0:5) MOTION by Thomas to change "40 acres" in sections B.B.1. and D.B.I. of Ordinance No. 227 to "38 acres ". There was no second. MOTION by Lymangood, seconded by Thomas, to table the Zoning Code amendments for more information. Voting Aye: Grabowski, Jacobs, Lymangood, and Thomas. Voting Nay: Cossette. (Motion carried 4:1) Ordinance No. 228 — Municipal Code MOTION by Lymangood, seconded by Thomas, to change "staff' to "City Planner or City Administrator" in Section 40.08 Subd. 1. and Subd. 3.B. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Jacobs questioned the need for certified surveys in certain circumstances and the required detail of the survey. Jacobs also questioned the language of Section 82.59 Construction Activities. MOTION by Lymangood, seconded by Thomas, to approve Ordinance #2006 -228 with changing "existing structures" to "existing permanent structures as defined by the State" in Subd. 2. MOTION TO AMEND by Lymangood, seconded by Thomas, to also delete "steam shovel" from Section 82.59 of Ordinance #2006 -228. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Ordinance No. 226 — Subdivision MOTION by Lymangood, seconded by Thomas, to approve Ordinance No. 2006- 226 as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Ordinance Updates, Resolution No. 2006 -04 MOTION by Grabowski, seconded by Jacobs, to table Resolution No. 2006 -04 Summary of Ordinances for publication. Voting Aye: Grabowski and Jacobs. Voting Nay: Cossette, Thomas, and Lymangood. (Motion fails 2:3) MOTION by Lymangood, seconded by Thomas, to approve Resolution No. 2006- 04 Summary of Ordinances for publication. Voting Aye: Cossette, Thomas, and Lymangood. Voting Nay: Grabowski and Jacobs. (Motion fails 3:2) (A 4/5's vote required) Engineering Standard Updates When asked if there were any time sensitive issues to this agenda item, Engineer Ord. No. 227 — Zoning Ord. No. 228 — Municipal Code Ord. No. 226 — Subdivision Ordinance Updates, Resolution No. 2006 -04 Engineering Standard Updates Page -3- CITY OF CORCORAN CITY COUNCIL MEETING January 26, 2006 Vander Top informed the Council that Jim Uzzell of Jim Uzzell Construction was present to address the mailbox standards. Mr. Uzzell stated he had constructed a stone mailbox in the Serenity Meadows development. The same mailbox construction was currently being used in the Meadow Creek Estates development with objections from the Corcoran's Public Works department. Public Works Director Meister stated the stone mailbox could be a problem while snowplowing; therefore, the liability to the City was the issue. The Council informed Mr. Uzzell the City will only replace or repair City damaged mailboxes to the engineering standards of the City. Vander Top will incorporate the appropriate language within the engineering standards and resubmit the updates for approval at another meeting. UNFINISHED BUSINESS UNFINISHED 2006 Landform Consultant Fees BUSINESS Council reviewed the options presented by Landform representatives Stephen 2006 Landform Johnston and Planner Lindahl. Consultant Fees MOTION by Thomas, seconded by Cossette, to approve the single $113 rate option and reducing Planner Lindahl's hours at Corcoran City Hall to /2 day per week. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Policy for Attendance and Noticing of Meetings MOTION by Lymangood, seconded by Jacobs, to approve the Policy for Attendance and Noticing of Meetings with the deletion of the last paragraph. SUBSTITUTE MOTION by Lymangood, seconded by Thomas to approve the Policy for Attendance and Noticing of Meetings as presented with changing of "a public meeting" to "a duly noticed public meeting" in the last paragraph. Voting Aye to substitute the motion: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Voting Aye to approve the substituted motion: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Lymangood asked to be reinstated in the liaison program. Chapter 50 — ISTS Ordinance Amendments, Ordinance No. 229 MOTION by Grabowski, seconded by Thomas, to approve Ordinance No. 229 with the changing "federal or state statute" to "federal, county, or state statute" in Section 50.04 and Section 50.20 Subsection 3.a., changing "whether to approve or deny" to "whether to amend, approve, or deny" in Section 50.20 Subsection 4.5, and replacing "commissioner" with "City Council" in Section 50.20 Subsection 3.a.ix. Voting Aye: Cossette, Jacobs, Grabowski, Lymangood, and Thomas. (Motion carried 5:0) Adjournment MOTION by Thomas, seconded by Grabowski, to adjourn the meeting at 11:10 p.m. Voting Aye: Grabowski, Jacobs, and Thomas. Voting Nay: Cossette and Lymangood. (Motion carried 3:2) Bea Lindberg, Clerk/Treasurer Policy for Attendance and Noticing of Meetings Chapter 50 — ISTS Ordinance Amendments, Ordinance No. 229 Adjournment Page -4-