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HomeMy WebLinkAbout2006-03-09 - Council Minutes - Part 1CITY OF CORCORAN CITY COUNCIL MEETING March 09, 2006 The Corcoran City Council met on March 09, 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, Brent Pember from Bonestroo, Police Chief Schutte, Public Works Director Miester, and City Attorney Carson Pledge of Allegiance (arrived at 8:10). Mayor Cossette called the meeting to 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 moving item 10.a. MPCA Correspondence to follow 7. Unfinished Business. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Open Forum Greg Ebert — 6503 County Road 101 asked if public comment would be allowed on item #10. Cossette affirmed comments would be allowed during the discussion. Ebert wanted an explanation of "business friendly" added to the next agenda. Cossette suggested the definition should be discussed during the next goals and objectives meeting. Ken Kluck — 21800 County Road 50 announced the Corcoran Lions Club will be conducting a four hour "55 Alive" defensive driving class on April 4th at 12:30 p.m. at City Hall. For more information call Kluck at 763 - 420 -2279. Kluck also inquired about the speed study for County Road 116. Engineer Vander Top reported the speed study was in process. Chris Hudok —10725 Bechtold Road reported bad advice /information was given over the counter at City Hall concerning road restrictions. Hudok questioned the methodology of posting road weights for Oakdale Drive. Agenda Approval Open Forum 2005 Draft Audit, Steve McDonald with Abdo Eick & Meyers 2005 Draft Audit, Steve Administrator Vergin introduced Steve McDonald of Abdo Eick & Meyers. McDonald with Abdo McDonald reported the 2005 audit found no reportable conditions in accordance Eick & Meyers with auditing standards generally accepted in the USA and the MN Legal Compliance Audit Guide for Local Government. Staff was commended for their efforts to comply with the standards. McDonald reported the 2005 General fund balance of $484,298 reflects a $294,226 decrease from 2004 and represents only 21% of the 2006 budgeted expenses. A reserve of 40% - 50% would be preferable. Council directed McDonald to not transfer $66,057 from the General fund to close out the completed project funds for Chisholm Trail and Hage Drive until more of the project's assessments have been received. McDonald was asked to submit a written report addressing the criminal allegations furnished to the State Auditor by (at the time) council -elect Jacobs. McDonald agreed to supply this report to the Council at no additional cost to the City. MOTION by Lymangood, seconded by Cossette, to call a special Council meeting Page -1- CITY OF CORCORAN CITY COUNCIL MEETING March 09, 2006 at 6:00 p.m. on March 13, 2006, at City Hall to address budgetary cuts for the 2006 fiscal year and placing 2006 budget cuts as the first item of discussion on the March 23, 2006, regular Council meeting. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Charter Commission, Chair Ken Guenthner Charter Commission, Guenthner presented an overview of the Charter Commission's two suggested Chair Ken Guenthner amendments to the Corcoran Charter to make the Charter easier to interpret and use. The first suggestion provides the mechanism to amend the Charter itself and the second would remove gender specific language within the Charter. Guenthner explained two possible ways to formally approve the amendments to the Charter. The first and recommended approach would be a public hearing followed by a required unanimous vote of approval from the City Council, and a 90 day waiting period. (If a petition for recall signed by two percent of the City's qualifying voters is received within 60 days of Council approval, then the amendments would need to be placed on a ballot.) The second approach would be for the Charter Commission to place the amendments on the general election ballot for the November vote. Jacobs said he would not be willing to approve the amendments at this time. He would like more time to review the suggested changes. Staff was directed to include in the newsletter the announcement of three Charter Commission appointment vacancies happening in June 2006 and the process interested applicants must follow to be appointed to the commission. MOTION by Cossette, seconded by Grabowski, to table the Charter amendments to the March 23, 2006, regular Council meeting. Voting Aye: Cossette, Grabowski, and Jacobs. Voting Nay: Lymangood and Thomas. (Motion carried 3:2) UNFINISHED BUSINESS UNFINISHED County Road 101 Easements BUSINESS Pember from Bonestroo presented cost estimates of $1,645,200 for a regional and County Road 101 $1,250,700 for a Hedgestone Only lift station and force -main system. (Easement Easements costs were not included in these estimates). Bonestroo solicited appraisal estimates from two firms to provide the City with the project's land values for the permanent and temporary easements. The least expensive proposal from Nagel Appraisal Services would take four to six weeks to complete with $500 per parcel for the preliminary evaluation and approximately $1,350 per parcel for a condemnation procedure. Legal costs for a 90 -day quick take condemnation process was estimated at $70,000. A lengthy discussion concerning the options commenced. The discussion included starting the quick take condemnation process while negotiating with the residents, possible dollar amounts for the easements, and the possibility of a forced main. MOTION by Thomas, seconded by Grabowski, to direct staff to begin the title work for the quick take condemnation process. Page -2- CITY OF CORCORAN CITY COUNCIL MEETING March 09, 2006 Lymangood opposed the wording of the submitted motion. Lymangood would like to decide what the dollar amount of the easements would be before moving forward. Voting Aye: Grabowski and Thomas. Voting Nay: Lymangood, Jacobs, and Cossette. (Motion fails 2:3) MOTION by Lymangood, seconded by Cossette, whereas, the Hedgestone development has received preliminary approval by the Corcoran City Council in December of 2004; and whereas, the development located in the southeast quadrant of Corcoran is consistent with the implementation of the comprehensive plan; and whereas, due to unique timing and financial circumstances which this council has considered; therefore, be it resolved, the Corcoran City Council directs staff to offer in writing to the residents of the County Road 101 sewer /water easements the maximum amount of $1.85 for wetland/setback permanent easement explaining the reason for the dollar amount and stating the Council's opinion that if a condemnation proceeding is commenced, the dollar amount would be far less. MOTION TO AMEND by Cossette, seconded by Grabowski, with the addition of $3.00 for upland permanent easements and $.20 for temporary easements. Voting Aye to approve the amending of the motion: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Jacobs expressed concern regarding the financing of the easement costs during the interim construction progress. Vander Top said the financing would be part of the final plat negotiations. Voting Aye to approve the motion as amended: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) MOTION by Lymangood, seconded by Thomas, to direct staff to present at the next Council meeting a cash flow projection for the Hedgestone development. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Vander Top stated a County Road 101 neighborhood meeting would be scheduled as soon as possible to present the terms set by Council. SprinE Newsletter Draft Spring Newsletter Draft Vergin asked for comments from the Council on the draft newsletter. Grabowski requested the swimming pool permit requirements include words depicting the fact that a pool permit is mandated by the State of MN. Jacobs questioned the vagueness concerning the grading permit requirements. It was stated that a grading permit may not be needed in all cases, but a review process might be needed to ensure compliance with other issues such as wetlands, drainage, and ditches. Lymangood requested the Court of Appeals decision favoring the City of Corcoran be moved to the front page with clearer language and should be on the City's web Page -3- CITY OF CORCORAN CITY COUNCIL MEETING March 09, 2006 page. Lymangood also asked to include information regarding the four Charter Commission terms expiring in 2006 and the process interested applicants must follow for consideration. Lymangood suggested the message from the Mayor should include the actual numbers from the City's 2005 audit report. Cossette agreed to rewrite his article. Vergin will have the changes completed for review at the special Council meeting on March 13, 2006. NEW BUSINESS NEW BUSINESS MPCA Correspondence MPCA Correspondence Jacobs referenced a letter dated January 11, 2006, addressed to Brian Van Beusekom of Ingleside Engineering from Wendy Turri of the MN Pollution Control stating the MPCA decided to rescind the June 3, 2005, Notice of Violation and the October 11, 2005, Administrative Penalty Order associated with work performed at the Maclntyre site. Jacobs questioned why a letter from the MPCA addressed to Cossette on December 1, 2005, regarding the Maclntyre site, was not made part of the public record and copied to the Council or the Wastewater Commission prior to this Council meeting. Lymangood agreed with Jacobs and mentioned the letter was not date stamped. MOTIONS by Lymangood, seconded by Grabowski, to direct staff to develop and implement a policy to open all correspondence received at City Hall, date stamp the contents, and decide if the document(s) should become public information. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Lymangood suggested the City should consider assigning the wastewater authority to the Hennepin County level and requested the issue be addressed at the next Council meeting. Brian Van Beusekum — Ingleside Engineering & Construction, Inc. - stated the City of Corcoran's permitting process was very time consuming to the contractor and costly to the residents. Van Beusekum felt the City was more interested in collecting the fees than protecting the ground water. Stan Chastek — Wastewater Chairperson — wanted to make the point that the MPCA did not rescind the action against Ingleside Engineering because a permit was not required. Chastek reiterated a permit was necessary for work performed at the Maclntyre site. Greg Ebert — 6503 County Road 101 — stated he was frustrated with the way the issue was handled. The Council and Wastewater Commission should have been involved in replying to the MPCA regarding the Maclntyre site issue. Consent Agenda MOTION by Thomas, seconded by Lymangood, to approve Consent Agenda items: a. February 9, 2006, Regular Council Minutes Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) Consent Agenda Page -4- CITY OF CORCORAN CITY COUNCIL MEETING March 09, 2006 Approval of Claims Escrow Claims (Fund #500) $22,887.45 MOTION by Thomas, seconded by Lymangood, to approve Fund #500 Escrow claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) All Other Claims as Presented $26,635.52 MOTION by Thomas, seconded by Grabowski, to approve all other claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) COUNCIL AND STAFF REPORTS Status & Process for Police Department Positions Vergin reported interviews for the police chief position will begin shortly and three candidates for the administrative assistant position will be called back for the second interview. Highway 55 Frontage Road Vander Top announced MnDot has allotted the City of Corcoran $594,000 toward the construction of the frontage road between Rolling Hills Road and Pioneer Trail, Wastewater Commission, Cossette Cossette reported the Wastewater Commission discussed the procedure and process to monitor the City's contracted septic systems. Lymangood suggested all commissioners be notified of the special Council meeting at 6:00 p.m. on March 13, 2006, at City Hall. Planning Commission, Thomas Thomas reported Commissioners L. Kohnen was appointed as chair and G. Ebert as vice -chair of the Planning Commission. The Sprint Tower application was discussed. Public hearings were held for the Rush Creek Meadows Preliminary Plat and Variance, Doboszenski & Sons New Facility Site Plan, and Overlake Bluffs OSP Preliminary Plat and CUP. Adjournment MOTION by Grabowski, seconded by Thomas, to adjourn the meeting at 11:07 p.m. Voting Aye: Grabowski, Jacobs, Cossette, Lymangood, and Thomas. (Motion carried 5:0) Bea Lindberg, C1erk/Treas}ffe Approval of Claims COUNCIL AND STAFF REPORTS Status & Process for Police Department Positions Highway 55 Frontage Road Wastewater Commission, Cossette Planning Commission, Thomas Adjournment