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HomeMy WebLinkAbout2006-05-11 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING May 11, 2006 The Corcoran City Council met on May 11, 2006, at city hall in Corcoran, Minnesota. Present were Mayor Cossette, Councilor Grabowski, Councilor Jacobs, Councilor Lymangood, and Councilor Thomas. Also present were Administrator Vergin, Engineer Randy Neprash from Bonestroo, and Clerk Lindberg. 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 Grabowski, seconded by Thomas, to approve the agenda with adding agenda item 8.b. Treeline Drive Email and 10.e. Project Status Report. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Open Forum None. NPDES Storm Water Pollution Prevention Program (SWPPP) Public Meeting Engineer Neprash from Bonestroo presented a general history of NPDES. He explained the requirements and benefits of the General Storm Water Permit and the process that the City of Corcoran must complete to meet the requirements of the SWPPP. Neprash asked for public comment on the existing SWPPP. There were no comments from the public. Neprash stated that after this public meeting is completed, the conditions of the permit requirements will be met and staff will prepare and submit the annual report to the MPCA by the June 30, 2006, deadline. UNFINISHED BUSINESS Swimming Pool Permit Checklist (Council Jacobs) Jacobs presented Council with revisions dated May 10th to replace the May 4th documents included in the meeting's packet. Jacobs explained how the aerial photos from the Hennepin County website could be used to replace the site plan requirement of the permit and how verbal communications with the State convinced him the 24 inch pool depth requirement would not be enforced by the State. Grabowski stated his telephone conversations with the State gave the City all the latitude wanted to regulate swimming pools that are less than 5,000 gallons. Cossette did not feel the City could exempt the 24 inch part of the State code. Thomas asked if it would be legal for the City to ignore that part of the State code and requested City staff to overview the checklist before giving approval. Lymangood said the permit would be a State permit and asked if any other city in the State exempted any part of the State code. MOTION by Lymangood, seconded by Cossette, to reconsider the April 27, 2006, motion approving the swimming pool checklist presented by staff. Voting Aye: Cossette, Lymangood, and Thomas. Voting Nay: Grabowski and Jacobs. (Motion carried 3:2) Lymangood said the Council failed to adopt a local swimming pool ordinance; the City is obligated to follow the State code. Cossette affirmed Lymangood's statement and added the City's code defines temporary swimming pools as an accessory structure; as an accessory structure, swimming pools must meet the requirements of set backs. Following further discussion: Call to Order Roll Call Pledge of Allegiance Agenda Approval Open Forum NPDES Storm Water Pollution Prevention Program (SWPPP) Public Meeting UNFINISHED BUSINESS Swimming Pool Permit Checklist (Council Jacobs) Page -1- CITY OF CORCORAN CITY COUNCIL MEETING May 11, 2006 MOTION by Thomas, seconded by Grabowski, to substitute the motion. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) SUBSTITUTE MOTION by Thomas, seconded by Grabowski, to forego the checklist for swinuning pool permit applications. Voting Aye: Cossette, Grabowski, Jacobs, Lymangood, and Thomas. (Motion carried 5:0) Legal Costs Incurred by City to Date for HRUA Litigation The 2001 through year to date 2006 project tracking records for HRUA Septic Compliance expenses from the City's general fund totaled $53,244.80. Vergin explained these expenses only include the direct costs associated with legal and engineering billings. Lymangood requested the minutes state that these expenses from the City's general funds do not reflect Council or staff time, paper, copying, insurance trust fund expenditures, increased insurance costs, or other HRUA expenses by other jurisdictions. Lymangood also wanted the minutes to report the City of Corcoran had won every single time whether at the district court or supreme court level. Jacobs questioned if the project tracking records included attorney fees for the Maclntyre septic site. Staff did not think so, but agreed to double check the information for any Maclntyre billings within the list. Jacobs supplied Council with a copy of a letter from the State of MN Office of the Attorney General dated April 14, 2006, remitting $3,250 to Ingleside as settlement to withdraw a petition for cost and attorneys fees regarding the administrative penalty order against Van Beusekom and Ingleside Engineering. Jacobs suggested there were some manipulation of the list of expenses by the parties doing the billing and questioned how the City could have spent the total on the list. Thomas replied the money was spent to defend the City from law suits. Lymangood objected to the introduction of information regarding HRUA that was not included on the agenda for discussion and objected to Jacobs speaking at the Council table as a representative of HRUA. CONSENT AGENDA MOTION by Grabowski, seconded by Thomas, to approve Consent Agenda items: a. April 6, 2006 Finance Workshop Minutes b. April 13, 2006 Regular Council Minutes c. Renew Corcoran Jaycee's Charitable Gambling License, Resolution No. 2006 -23 Voting Aye: Cossette, Grabowski, Lymangood, Jacobs, and Thomas. (Motion carried 5:0) NEW BUSINESS Schedule Finance Workshop Re: United Properties Lymangood suggested the workshop be changed to a special meeting to enable Council action. The special meeting was set for June 15, 2006, at 6:30 p.m. Treeline Drive Email Jacobs said he had received an email through the City from a resident regarding the paving of Treeline and Foxline Drive. Jacobs questioned why the Council had not received copies of the petition or the options being presented. Vergin explained the Treeline /Foxline paving project would be on the May 25th agenda and all of the Legal Costs Incurred by City to Date for HRUA Litigation CONSENT AGENDA NEW BUSINESS Schedule Finance Workshop Re: United Properties Treeline Drive Email Page -2- CITY OF CORCORAN CITY COUNCIL MEETING May 11, 2006 information would be submitted to the Council for review at that time. Pat Hank — 9425 Trail Haven Road commented City Engineer Vander Top and City staff did a very good job explaining the process and options to the residents. Hank also said there are always a couple of people who do not want to see projects go forward. CLAIMS Escrow Claims (Fund #500) $25,333.98 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) HRUA Related Claims $708.33 MOTION by Thomas, seconded by Cossette, 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 $69,519.52 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) CLAIMS COUNCIL AND STAFF REPORTS COUNCIL AND STAFF 1 -94 Corridor Study REPORTS Vergin informed the Council the full 1 -94 Corridor study was available on a CD. 1 -94 Corridor Study Staff was directed to contact MnDOT to ask if the 2000 study was still valid or if there had been any changes. Per this study, Lymangood stated the Brockton interchange should not be an issue for the Corcoran Council's consideration until the new Mississippi River crossing between Dayton and Ramsey was approved. Wastewater Commission, Lymangood Wastewater Commission, Lymangood reported the Wastewater Commission discussed the Council's decision Lymangood to transfer local septic control to Hennepin County and an application for a septic variance on a City lot that would not support a primary and secondary standard septic system. The applicant requested the application be tabled to the next meeting for submittal of a new pretreatment design application. Planning Commission, Cossette Planning Commission, Cossette reported St. John's Lutheran Church had requested an additional sign, Cossette which would either require an ordinance amendment or a variance. The consensus of Planning Commission was to consider a variance. Long Term Planning Group, Cossette Cossette reported the L/T Capital Project Group assigned a four person taskforce to address the construction of a Public Works facility and a three person taskforce to explore the options for a park complex. Project Status Vergin reported the United Property's Preliminary Plat/PUD application had been received and the public hearing will be held at the June 1, 2006, Planning Commission meeting and the Hedgestone Final Plat and Final PUD will be considered by the Planning Commission on July 6, 2006, and the City Council on Long Term Planning Group, Cossette Project Status Page -3- CITY OF CORCORAN CITY COUNCIL MEETING May 11, 2006 July 27, 2006. Vergin informed the Council that Centex Homes were altering the concept plan at the intersection of 97th Avenue North and Brockton Lane to include more commercial uses and asked if the Council would support a Comprehensive Plan amendment regarding the extension of utilities from Maple Grove. The following comments were given: Thomas — did not have a big problem in changing the Comprehensive Plan if the development was a good plan, but would require the hooking up to the interceptor when available. Jacobs — would be in favor of changing the Comprehensive Plan. If Centex is willing to pay for it, let them try. Lymangood — was opposed to changing the Comprehensive Phasing Plan until the interceptor was available and transportation issues were solved. Cossette — agreed with Lymangood and would not be willing to change the phasing plan. Grabowski — suggested Centex Homes could volunteer to aid the extension of the interceptor. The polling of the Council resulted with Grabowski and Jacobs in favor of amending the Comprehensive Plan with Cossette, Thomas, and Lymangood opposing. Lymangood voiced concern that Centex Homes should not be required to pay for utility services twice, once from Maple Grove and then later from the interceptor, which would be required if they moved forward with the plan. Lymangood commended the rural style character of the sketch plans. The Council wanted to send a message that sewer should come from the north instead of the Maple Grove east side, except for the Mama G's area that has been identified in the Comprehensive Plan as being served by Maple Grove. Adjournment MOTION by Grabowski, seconded by Thomas, to adjourn the meeting at 8:58 p.m. Voting Aye: Grabowski, Jacobs, Cossette, Lymangood, and Thomas. (Motion carried 5:0) LJ Bea Lindberg, Clerk/Treas Adjournment Page -4-