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HomeMy WebLinkAbout2006-03-23 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 The Corcoran City Council met on March 23, 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, and City Planner Lindahl. Mayor Cossette called the meeting to order at 7:00 p.m., followed by the Pledge of Pledge of Allegiance Allegiance to the flag. Agenda Approval MOTION by Thomas, seconded by Grabowski, to approve the agenda as presented. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Open Forum Rod Dragsten — Northstar Investments, LLC requested item 8.g. Rush Creek Meadows Preliminary Plat be pulled from the consent agenda for discussion. Loren Kohnen — 22755 Winchester Trail suggested the Goals and Objective Meetings be renamed to the Goals, Objectives, and Solutions Meetings. Chris Hudok — 10725 Bechtold Road requested more details pertaining to the MPCA letter be included in the March 09, 2006, council meeting minutes. Hudok was asked to submit the suggested verbiage to Administrator Vergin prior to the next meeting to be distributed to the Council members. Agenda Approval Open Forum Loretto Fire Department - 2005 Annual Report Loretto Fire Department Chief Herb Koch and Asst. Chief Jeff Leuer were present to address the 2005 - 2005 Annual Report annual report. Koch reported the award of a $47,500 grant to replace the self - contained breathing apparatus air packs, the 2006 replacement of a 1985 tanker, and the plans to add a second story to the existing fire building. They will be meeting with the other departments that service Corcoran to address long term fire protection. Koch noted that their pension fund is 100% funded. Public Hearing — 2006 Land Use Fee Schedule Vergin explained Ordinance No. 2006 -232 will change the wording of Chapter 30 Administration to set certain fees by ordinance and to adopt the septic permit, land use permit, and building inspection permit fees as attached. Vergin also explained Ordinance No. 2006 -233 amends the Chapter 40 Building Code penalty for failure to obtain a permit for performed work from five times to two times the original permit fee. Called Public Hearing to Order at 7:22 p.m. Public Comments — There were none. Public Hearing Closed at 7 :23 p.m. MOTION by Thomas, seconded by Cossette, to approve Ordinance No. 2006 -232 as revised. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) MOTION by Thomas, seconded by Lymangood, to approve Ordinance No. 2006- 233 as presented. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Public Hearing — 2006 Land Use Fee Schedule Page -1- CITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 Thomas. (Motion carried 5:0) UNFINISHED BUSINESS ISTS Control to Hennepin County Vergin reviewed the information received from Duane Hudson of Hennepin County regarding the abandonment of the jurisdiction for Corcoran's individual sewage treatment systems. Without the approval of the Health Authority, the transition would include advance notice of at least one fiscal calendar year. Cossette explained the Council is considering transferring the individual sewer treatment system (ISTS) issues to Hennepin County to reduce the administration and legal costs associated with monitoring the Corcoran's ISTS issues. All members of the Wastewater Commission (WWC) were invited to attend this Council meeting to add input to the discussion. Councilor Grabowski — favored the transfer to save the City money and staff time. Councilor Thomas — wanted to receive the Wastewater Commissioner's feedback on the issue. Thomas's concerns were the failing systems within the City and the legal expense. Commissioner Kluck — suggested keeping the control with the City. Kluck fears the county will force many residents to do costly updates to the older systems. Commissioner Chastek — felt the residents of Corcoran would be better served with local control, but the Council must determine if the control is too costly for the City. Councilor Lymangood — commended the current and former Wastewater Commissioners for the time and creative energy to establish the local control. However, the State and County are imposing the rules upon the City to require a three year repair or upgrade provision. Lymangood reported the City's HRUA legal expenses for 2005 of $25,273 represents 1/3 of the annual legal budget for the entire City. Lymangood suggested declaring a date for the transfer of authority to the County. Mayor Cossette — agreed the program cost of staff time and legal expenses have been significant. Cossette wanted assurance that the County would be able to provide comparable services and protect ground water purity. Commissioner Hudok — favored the transfer of authority to Hennepin County. Hudok felt as more homes are built, more staff time would be needed to maintain the records. He felt the County would have more time and resources to monitor the systems. Commissioner Bullert — was concerned the County would start looking for failing systems and requiring expensive repairs /replacement of failing systems that are not necessarily needed. Councilor Jacobs — feels the County does a good job overseeing the septic issues and said the septic standards are becoming more and more difficult for a voluntary commission to enforce. Commissioner S. Kohnen — affirmed the legal costs are increased by the Wastewater Commission requesting review of documents concerning monitoring issues. Staff was directed to extend an invitation to Hennepin County's Duane Hudson to attend a joint Council and Wastewater Commission meeting on April 05, 2006. MOTION by Lymangood, seconded by Thomas, to add this item to the April 27, UNFINISHED BUSINESS ISTS Control to Hennepin County Page -2- CITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 2006, Council meeting. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Charter Commission Amendments MOTION by Cossette, seconded by Grabowski, to call a public hearing on April 27, 2006, at 7:00 p.m. at City Hall to receive public comment regarding the proposed amendments to the City Charter. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) County Road 101 Easements Engineer Vander Top reported the offer of $1.$5 for wetland/setback permanent easement, $3.00 for upland permanent easements, and $.20 for temporary easements was well received by most of the County Road 101 residents; therefore, he recommended the City not to hire an appraiser. The staking of the exact location of the sewer line is in progress. Vander Top said Laurent Development Co. has tentatively agreed to finance the designing and construction of the sanitary sewer line to be credited back to the company through the area charges. Vander Top will keep the Council updated as events transpire. Response from City and County Auditors Re: Allegations of Unlawful/Misuse of Public Funds Vergin reviewed the letters received from the Abdo, Eick & Meyers LLP, the City's auditor, and Brooke Bordson of the State Auditor's office. Both auditors found no improprieties by the City administrator, staff, or past and present Council members. Jacobs said the document was premature and does not address all the issues sent to the State Auditor. Lymangood stated that the League of MN Cities Insurance Trust should be provided copies of the auditor's responses. Lymangood will draft a resolution to address the claim and present it to the Council at the April 13, 2006, meeting. Audit Omission — Building Inspection Accounting, Jacobs Jacobs expressed concern that not all building permit fees were being included in the General Fund receipts. Vergin explained the City's income portion of the building permit fees are credited to the General Fund and the portion due to the contracted staff for services are credited to the Building Inspection Fund. Vergin assured the Council the current procedure met with the approval of the City's auditor. Budget Shortages — Info on Reasons, Jacobs Jacobs presented and reviewed a report he felt explained how the City of Corcoran would benefit financially by contracting police services from Hennepin County. Lymangood commented the data furnished in the report was incomplete and not an accurate analysis of the 2005 data. Council/Mayor Salary Reductions Vergin reported the Councilor member's pay could be altered during this election year, but could not take effect until January 1, 2007. Vergin explained the Council members could endorse this year's checks back to the City. MOTION by Lymangood, seconded by Thomas, to include this item at a June meeting after receipt of checks. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Charter Commission Amendments County Road 101 Easements Response from City and County Auditors Re: Allegations of Unlawful /Misuse of Public Funds Audit Omission — Building Inspection Accounting, Jacobs Budget Shortages — Info on Reasons, Jacobs Council /Mayor Salary Reductions Page -3- CITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 Council Input at Budget Meeting, Lymangood Lymangood commented that he did not understand why the Council would consider hiring people at this time and suggested a hiring freeze. Lymangood was assured no new positions were being filled at this time. Schedule Budget Meeting, April 6 at 6:00 p.m. MOTION by Lymangood, seconded by Thomas, to call a special budget meeting for April 6, 2006, at 6:00 p.m. at City Hall. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) CONSENT AGENDA MOTION by Thomas, seconded by Cossette, to approve Consent Agenda items: a. February 23, 2006, Regular Council Minutes c. Schedule Dust Control Public Hearing, April 27, 2006 d. Schedule National Pollutant Discharge Elimination System (NPDES) Public Hearing, May 11, 2006 f. Doboszenski & Sons New Facility Site Plan, CUP and Variance, Res. No. 2006 -13 Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) Swimming Pool Application Material Council directed staff to add "in depth" to the third item after the word "inches ", clarify setback language, add a bolded statement explaining the requirements are mandated by the State of MN, and add a hold harmless statement. Overtake Bluffs OSP Preliminary Plat & CUP, Res. No. 2006 -11 & 2006 -12 MOTION by Thomas, seconded by Grabowski, to approve Resolution No. 2006- 11 approving the preliminary plat for Overlake Bluffs and Resolution No. 2006 -12 approving a conditional use permit for Overlake Bluffs. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Rush Creek Meadows Preliminary Plat, CUP and Variance, Res. No. 2006 -14 Rod Dragsten of Northstar Investments, LLC asked the Council to approve the variance for creation of lot #8 believing the conditions of this lot met all criteria allowing the variance. Dragsten stated the topography of lot #8 fulfills the hardship requirement of granting a variance. Consensus of the Council was that the City should not allow the creation of a lot that would be considered "unbuildable" and lot #8 should be combined with lot #7. MOTION by Cossette, seconded by Thomas, to approve Resolution No. 2006 -14 approving the preliminary plat and denying a variance and conditional use permit for Rush Creek Meadows with changing item #4 and #5 to read as follows: 4. The preliminary plat must be revised to remove Lot 8, based on the finding that it cannot meet City septic requirements. Lot 8 may be combined with Lot 7. 5. Three of the 10 available building rights remain on site, but it appears that no developable land will remain on site. Assignment of the 3 remaining building rights shall be determined with the final plat application. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Council Input at Budget Meeting, Lymangood Schedule Budget Meeting, April 6 at 6:00 p.m. CONSENT AGENDA Swimming Pool Application Material Overlake Bluffs OSP Preliminary Plat & CUP, Res. No. 2006 -11 & 2006 -12 Rush Creek Meadows Preliminary Plat, CUP and Variance, Res. No. 2006 -14 Page -4- CITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 Sprint Telecommunication Tower Site Plan, CUP, and Variance, Res. No. 2006 -15 MOTION by Thomas, seconded by Lymangood, to approve Resolution No. 2006- 15 approving the site plan and conditional use permit and denying a variance for property located at 20140 County Road 10. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) NEW BUSINESS State Mandates, Lymangood Lymangood explained the State Auditor's Office was seeking suggestions on mandate relief reform from counties, cities, townships, and school districts. Lymangood referenced the list of 94 suggested mandate reforms from the City of Plymouth. Lymangood offered to solicit support from other communities for the mandate reforms and author a resolution to support the Plymouth list with adding the City of Corcoran's concerns of swimming pools and septic systems. COUNCIL AND STAFF REPORTS Parks and Trails Commission, Jacobs Jacobs referenced a copy of the Parks and Trails meeting agenda and related notes. Jacobs said Mr. Nadeau, chairperson for the Hassan Township Board, reviewed the Hassan park trail agreement plan and how it links to Corcoran. Jacobs also detailed how parks, trails, and recreation maintenance comprises 23% of Plymouth's tax dollar. Approval of Claims Escrow Claims (Fund #500) $375.00 MOTION by Grabowski, seconded by Thomas, to approve Fund #500 Escrow claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) IIRUA Related Claims $583.34 MOTION by Thomas, seconded by Lymangood, to approve the HRUA claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Jacobs abstained. (Motion carried 4:0 with 1 abstention) All Other Claims/Disbursements as Presented $111,835.59 MOTION by Grabowski, seconded by Thomas, to approve all other claims and disbursements as presented. Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) Local Board of Review Vergin reminded Council the local board of review was set for April 13, 2006, at City Hall at 7:00 p.m. It was decided to record the names and addresses of residents wanting to review property values on April 13th, allow the City Assessor to address the issues with these residents, and review the unresolved issues at the April 27th meeting. Wastewater Commission Meeting — April 5, 2006 Stan Chastek, Wastewater Commission Chairperson, announced Scott Swenson Sprint Telecommunication Tower Site Plan, CUP, and Variance, Res. No. 2006 -15 NEW BUSINESS State Mandates, Lymangood COUNCIL AND STAFF REPORTS Parks and Trails Commission, Jacobs Approval of Claims Local Board of Review Wastewater Commission Meeting — April 5, 2006 Page -5- CITY OF CORCORAN CITY COUNCIL MEETING March 23, 2006 from Northern Water Works Supply would be presenting information regarding Environment One Grinder Pumps and Low Pressure Sewer systems at the April 5rn Wastewater Commission meeting and invited anyone interested in learning more about the system to attend the meeting. Adjournment MOTION by Thomas, seconded by Lymangood, to adjourn the meeting at 10:07 p.m. Voting Aye: Grabowski, Jacobs, Cossette, Lymangood, and Thomas. (Motion carried 5:0) Bea Lindberg, Clerk/Trea Adjournment