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HomeMy WebLinkAbout2006-04-27 - Council Minutes - Part 1CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 The Corcoran City Council met on April 27, 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 Assessor Risch, City Assessor Erickson, Public Works Director Meister, Police Chief Schutte, City Attorney Carson, and City Engineer Pledge of Allegiance Vander Top. Mayor Cossette called the meeting to order at 7:04 p.m., followed by the Pledge of Allegiance to the flag. Agenda Approval Jacobs made note of a five page handout presented to the Council as additional information regarding item # 10.b. Swimming Pool Permit Check List. MOTION by Grabowski, seconded by Thomas, to approve the agenda with moving agenda item 13.a. HRUA/City of Corcoran Appeals Status to follow the Charter Amendment Public Hearing. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Open Forum None. Agenda Approval Open Forum Local Board of Review Reconvened Local Board of Review The Local Board of Review was reconvened at 7:07. City Assessor Risch Reconvened explained the following five properties remained to be reviewed by the Council. Risch reported: Eileen Hudok — 10725 Bechtold Road PID #05- 119 -23 -11 -0008 Property was a classification issue that needed to be addressed at the county level. Risch suggested "no change ". Brian Holt — 9105 Schulte Lane PID #13 - 119 -23 -23 -0017 Per telephone conversations, Holt decided he did not want to pursue. Risch suggested "no change ". William Rosso —10125 Ebert Road PID #03 - 119 -23 -34 -0003 Rosso had agreed the property value was reflective of the market, but was concerned with the increased taxes due to the rising property value. Risch suggested "no change ". Patrick Surprison — 8225 County Road 116 PID #23 - 119 -23 -13 -0006 Risch recommended reduction of the estimated market value to $107,000 due to property access problems and a lack of a building right. Steve Patnode — 23165 Oakdale Drive PID #06 - 119 -23 -41 -0011 Patnode was concerned with the age and condition of the house on this property. Risch reported the increase was due to the increase in land values and suggested "no change ". None of the property owners were present to comment at the Local Board of Review. Council unanimously adopted the recommendations of City Assessor Risch as presented. Mayor Cossette closed the Local Board of Review at 7:17 p.m. Page -1- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 Dust Control Public Hearing Dust Control Public Public Works Director Meister presented an overview of the Road Stabilization Hearing Program. Vergin explained the assessment process. The Dust Control Public Hearing was called to order at 7:24 p.m. Guy Nowlan — 9715 Sundance Road asked staff to verify the number of parcels being assessed for the improvement along Sundance Road. Dennis Covington — 7131 Old Settlers Road questioned if dust control would be beneficial on Old Settlers with the planned road maintenance. Engineer Vander Top assured Covington if the applications on Old Settlers Road were not applied, the assessment would be re- evaluated and lowered proportionately with refunds issued to residents who had paid the higher assessment. Patrick Hank — 9425 Trail Haven Road questioned if the calcium chloride used in the dust control applications would be harmful to the materials used in pavement improvements. Vander Top responded the concentration level would not hinder paving of the road. Elwyn Manthei — 23700 Strehler Road felt the dust control assessment was unfair tax when residents on the Greenfield side of Strehler Road also use the road. Manthei suggested the dust control be part of the General Fund road maintenance budget. Manthei was told Strehler Road is a collector road and part of the dust control cost was being paid by the City. Joanne Manthei — 23700 Strehler Road questioned why the residents should pay for dust control when it has been labeled as "experimental ". Cossette stated dust control is not considered experimental anymore and said the City chose to use dust control to reduce the maintenance costs and increase the life of the gravel roads. Cossette also said the issue of payment for the chemical applications for future years could be revisited by the City Council. Joel Sandstrom — 10643 Maple Lane would like the payment for dust control become part of the tax base for the entire city and questioned the need to apply the dust control to Maple Lane this year. The Dust Control Public Hearing was closed at 7:51 p.m. MOTION by Thomas, seconded by Grabowski, to adopt Resolution No. 2006 -19 2006 Dust Control Assessments as presented. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Guy Nowlan — 9715 Sundance Road stated a majority of the residents on Sundance Road were not in favor of paving the road. Nowlan suggested more aggressive maintenance of the gravel road, culvert repairs, and ditch shaping as alternatives to paving. Vander Top will discuss right of entry issues with the affected property owners along Sundance Road to facilitate the maintenance. Charter Amendment Public Hearing Charter Amendment The Charter Amendment Public Hearing was called to order at 8:10 p.m. Public Hearing Page -2- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 Charter Commission Chair Guenthner presented an overview of the proposed changes to the City of Corcoran's charter explaining the need to include methods to amend the Charter and to remove gender specific language. No public comments were offered. The Charter Amendment Public Hearing was closed at 8:18 p.m. MOTION by Thomas, seconded by Cossette, to accept the amendments to the City of Corcoran Charter. Jacobs was concerned with changing the Charter without a public vote stating the Charter was created because the citizens wanted the right to vote on such matters as building the City Hall and etc. Jacobs also stated the underlying issue was not what the document says, but if the public had the right to vote on it. A roll call vote was called. Lymangood — Aye. Grabowski — Nay. Thomas — Aye. Jacob — Nay. Cossette — Aye. (Motion fails 3:2. A unanimous vote is needed to approve Charter amendments.) Lymangood requested the minutes reflect the fact there were no public or written opposition at the Charter Amendment Public Hearing. HRUA / City of Corcoran Appeals Status City Attorney Carson explained the State of MN Supreme Court's order #A05 -695 denies further review of the decision handed down in the City's favor by Judge Neville on February 9, 2005. In other words, the HRUA appeal of that decision has been denied and this finalizes that law suit. Carson went on to explain, the State of MN Court of Appeals order #A05 -2085 denied an HRUA petition to accelerate the review and denied entrance of an additional affidavit by Paul R. Jacobs, general manager of HRUA, into the record for court consideration of the certiorari action initiated by HRUA. Oral arguments for the certiorari action will be heard on May 11, 2006. Greg Ebert — 6503 County Road 101 asked what the City's expenses have been to litigate these law suits. MOTION by Thomas, seconded by Cossette, to direct staff to provide the total engineering and legal fees regarding the HRUA law suits for public information. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Jacobs abstained. (Motion carried 4:0 with 1 abstention) PLANNING BUSINESS Centex — Phasing Plan Tom Bakritges of Cenex Homes, Vice President Clark Wicklund of Alliant Engineering, Inc., and Ken Streeter representing the owners of Mama G's were present to address the phasing plan at the intersection of 97th Avenue North and Brockton Lane. Bakritges explained their presence at the meeting was to receive comment from the Council regarding the proposed residential /commercial/retail development for the 187 acres. The proposal included 193 single family homes on 10,000 to 20,000 square foot lots, 15 acres of commercial/retail, and wetland/woodland preservation. Wicklund told the Council the plan, as presented, HRUA / City of Corcoran Appeals Status PLANNING BUSINESS Centex — Phasing Plan Page -3- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 would require a Comprehensive Plan Amendment and an amendment to the sanitary sewer phasing plan. Lymangood — on the positive side — comp plan was incorporated into the plan, creative use under the power lines, Mama G's area was consistent with the comp plan, and the rights of way along County Road 30. On the negative side — the conditions for water /sewer service from Maple Grove, Corcoran's phasing plans would need to be changed, the change to the mixed use concept, transportation issues on County Road 30, and moving forward before the northwest interceptor was completed. Thomas — agreed with Lymangood, but had fewer problems with the sewer phasing changes. Thomas suggested Corcoran would receive a better tax base for commercial/business within the mixed use PUD. Jacobs — had a problem with no City planning or staff reports concerning the development, thought the lot sizes were consistent with lot sizes to the east of the development in Maple Grove, and suggested Corcoran residents would have the opportunity to include changes to the Comprehensive Plan with this development. Vergin explained there were no reports from staff because this is a conceptual plan presented to Council for input only, as it does not comply with the land use plan or the sewer phasing plan. No formal application has been submitted at this time. Grabowski — wanted to see more retail/commercial and larger residential lots in the plan. Cossette — mostly agreed with Lymangood. Cossette thought it was important to follow the Comprehensive Plan to end up with the desired result, especially concerning the mixed use PUD concept. UNFINISHED BUSINESS UNFINISHED ISTS Control, City vs. County BUSINESS Vergin explained that Lorianne Ende withdrew the SISTRS proposal to administer ISTS Control, City vs. Corcoran's individual septic treatment system records. County Grabowski, Jacobs, and Lymangood were in favor of turning the septic maintenance control to Hennepin County. Some of the reasons stated were staff time involved, monetary responsibilities of lawsuits, the professionalism of the County, and the restrictions to City code versatility due to mandated State and Federal rules. Wastewater Commissioners Chastek, Ebert, and L. Kohnen were present to make comment. They stated the inspection process and resident services would be more difficult and giving control to Hennepin County would be a step backwards to ground water protection. Cossette stated he opposed turning the control of Corcoran's ISTS to the County. Cossette stated protection of the ground water was the most important issue; the City authorized installation of the systems and should be responsible to oversee the systems are maintained, local control meant better service for Corcoran's citizens, and felt the protection of Corcoran's groundwater justified the program cost. Thomas said if he voted for the transfer of ISTS control to Hennepin County, it would be because of the legal expenses to the City. Thomas thought that would be Page -4- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 a bad decision and the Wastewater Commission provides many positive services for the citizens. MOTION by Lymangood, seconded by Grabowski, to direct staff to contact Hennepin County to unconditionally transfer control of ISTS matters. Voting Aye: Jacobs, Grabowski, and Lymangood. Voting Nay: Cossette and Thomas. (Motion carried 3:2) Pavement Management Plan Pavement Management Engineer Vander Top presented a draft street maintenance report. Vander Top Plan reviewed paved and gravel street maintenance and improvements, revenue sources, assessment policies, OSP area charges, and the paved street 5 -year Capital Improvement Plan. Cossette questioned the 70% overlay and patching project cost assessment for local street improvements and asked if 50% would be more reasonable. Vander Top said the 30% would generally be the City's public works "sweat equity". Vander Top felt a portion of the City's 50% would need to be financed with a General Obligation Bond. Thomas was concerned that a 50 -50 split would deter street improvements because the City would not have the funds. CONSENT AGENDA MOTION by Grabowski, seconded by Thomas, to approve Consent Agenda items: a. March 23, 2006, Regular Council Minutes as revised c. City Sponsor NW Trails DNR Grant, Resolution No. 2006 -20 d. Hamel Rodeo Temporary Liquor License, Resolution No. 2006 -21 e. Lot Consolidation, Sather Application, Resolution No. 2006 -22 g. CIP Purchase, Public Works i. March 23, 2006, Budget Workshop Minutes Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) CONSENT AGENDA b. Swimming Pool Permit Check List Swimming Pool Permit Jacobs reviewed the content of the handout presented to Council that evening. Check List Jacobs suggested $5.00 permits for installation of temporary, seasonal swimming pools. Jacobs also suggested using copies of website aerial photos to replace the certified survey or site plan requirement to obtain a swimming pool permit. MOTION by Thomas, seconded by Cossette, to approve item 10.b. Swimming Pool Permit Check List with changing the word "about" to "above" throughout the list. Building Inspector L. Kohnen commented the aerial photo will not show the existing and alternate septic sites, wetlands, floodplains, and etc. MOTION by Lymangood, seconded by Cossette, to move the previous question. Voting Aye: Cossette, Thomas, and Lymangood. Voting Nay: Jacobs and Grabowski. (Motion carried 3:2) Voting Aye to approve the check list: Cossette and Thomas. Voting Nay: Lymangood, Jacobs, and Grabowski. (Motion failed 2:3) MOTION by Lymangood, seconded by Grabowski, to assign Councilor Jacobs to draft a swimming pool check list to be presented to Council for consideration at the May 11, 2006, Council meeting. Voting Aye: Jacobs, Grabowski, and Lymangood. Page -5- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 Voting Nay: Cossette and Thomas. (Motion carried 3:2) 10.f. Financial Statements, Ending 03/31/06 Lymangood suggested monthly financial reviews should be addressed as an agenda item with a summary overview of key numbers regarding the budget comparison to actual expenses and income. Vergin said staff was also working on other information provided by Thomas regarding presentation format. MOTION by Lymangood, seconded by Grabowski, to approve agenda item 101 Financial Statements as presented. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) 10.h. Rockford School District/ City of Corcoran Property Lease Agreement Lymangood suggested there should be signage denoting the school park property. Lymangood stated the laws regulating school property are much more restrictive regarding weapons, alcoholic beverages, and other issues. Staff will work with the school district to make sure the issues are dealt with. MOTION by Grabowski, seconded by Jacobs, to approve the Real Property Lease agreement with changing "park property" to "Property" where applicable. Voting Aye: Cossette, Grabowski, Jacobs, and Thomas. Voting Nay: Lymangood. (Motion carried 4:1) CLAIMS Escrow Claims (Fund #500) $4,431.00 MOTION by Grabowski, seconded by Thomas, to approve Fund #500 Escrow claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) Building Inspections (Fund #405) $3,427.50 MOTION by Cossette, seconded by Thomas, to approve Fund #405 Building Inspection claims as presented. Voting Aye: Cossette, Grabowski, Lymangood, and Thomas. Voting Nay: Jacobs. (Motion carried 4:1) All Other Claims/Disbursements as Presented $144,653.78 MOTION by Cossette, seconded by Thomas, to approve all other claims and disbursements as presented. Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) NEW BUSINESS NIMS / IS700 Training Requirements Police Chief Schutte explained the National Incident Management System (NIMS) course. Vergin announced Monday, May 8th, at 2:00 p.m. and Monday, May 15th, at 6:30 p.m. were scheduled for the training. Council members were urged to contact Vergin to confirm when each member will attend the training. Greenfield, Dayton, and any fire departments that have not completed the training have been invited to attend the classes at Corcoran. COUNCIL AND STAFF REPORTS County Road 116 Speed Study, Engineer Vander Top Vander Top reported the MnDOT County Road 116 speed study resulted no changes to the speed limit from Hackamore Lane to Abilene Lane and County Road 10 to Meister Road. The speed limit On County Road 116 from 200 feet south of Abilene Lane to 1500 feet north of County Road 10 will be reduced from 55 to 50 MPH. Lymangood requested the speed trailer be used to remind people of Financial Statements, Ending 03/31/06 Rockford School District/ City of Corcoran Property Lease Agreement CLAIMS NEW BUSINESS NIMS / IS700 Training Requirements COUNCIL AND STAFF REPORTS County Road 116 Speed Study, Engineer Vander Top Page -6- CITY OF CORCORAN CITY COUNCIL MEETING April 27, 2006 the speed limit. Parks and Trails Commission, Cossette Cossette reported discussions included a potential trail connection between Crow Hassan and Elm Creek Park, a potential park complex site, a review of the Corcoran Business Park preliminary plat for the southwest area, and parks fee schedule. Service Agreement Draft with City of Medina, Ver2in/Vander Top Vergin and Vander Top reported the discussions with Medina have been proceeding well. Discussions have included the over sizing credit, ownership and maintenance of the facilities, and the SAC fees. Police Department Report, Chief Schutte Schutte reported the annual open house at Maple Hills had been scheduled for May 24th from 4 p.m. to 7 p.m. Administrator's Annual Performance Review A "closed session" of the Corcoran Council was set for May 11, 2006, at 6:15 p.m. for the Administrator's performance review. Adjournment MOTION by Thomas, seconded by Grabowski, to adjourn the meeting at 11:08 p.m. Voting Aye: Grabowski, Jacobs, Cossette, Lymangood, and Thomas. (Motion carried 5:0) LA,,J Bea Lindberg, Clerk/Treas 4 r Parks and Trails Commission, Cossette Service Agreement Draft with City of Medina, Vergin/Vander Top Police Department Report, Chief Schutte Administrator's Annual Performance Review Adjournment