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HomeMy WebLinkAbout2021-09-23 Council MinutesCITY OF CORCORAN City Council Meeting Minutes September 23, 2021 - 7:00 pm The Corcoran City Council met on September 23, 2021, in Corcoran, Minnesota. The City Council meeting was held in person and the public was present in person and remotely through electronic means using the audio and video conferencing platform Zoom. Mayor McKee, Councilor Bottema, Councilor Nichols, and Councilor Vehrenkamp were present. Councilor Schultz was excused. Administrative Services Director Beise, Deputy Clerk Friedrich, Director of Public Safety Gottschalk and Public Works Director Mattson were present. 1. Call to Order/Roll Call Mayor McKee called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor McKee invited all in attendance to rise and join in the Pledge of Allegiance. 3. Agenda Approval Administrative Services Director Beise noted two ite i grading agreement in item 7k., and resolutions for it ahead of item 8a. Council requested item 7f., be me Business under item 9a., for further discussion. MOTION: made by Vehrenkamp, seconded by Nich s added to the agenda packet, noting revised m 7g. Council requested item 8b., be moved ed from the Consent Agenda to Unfinished Is to agarove the aaenda as modified_ Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) Council noted applicant request for item 8b. be removed from the agenda. Council discussed the process for removal of a Planning items 4. Commission Representatives from the agenda. Mayor McKee noted Planning Commissioner Shoulak and Parks and Trails Commissioner Nybo were present at the meeting. Mayor McKee invited Commissioners Shoulak and Nybo to speak on relevant agenda items. 5. Open Forum (Public Comment Opportunity) Mayor McKee invited residents to communicate in -person or telephonically during the public comment opportunity. Administrative Services Director Beise explained the instructions to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity. Councilor Vehrenkamp noted an accident on Bechtold Road and County Road 10 may have destroyed an internet utility box, and requested staff assist with follow up on possible damage and repairs. 6. Presentations/Recognitions No presentations or recognitions were heard. 7. Consent Agenda a. Draft Minutes of September 9, 2021 Council Work Session b. Draft Minutes of September 9, 2021 Council Meeting c. Financial Claims d. Preliminary Levy e. Insert for Hennepin County Mailing f. Construction Sign Ordinance Update �I g. Call Assessment Hearings — Appaloosa Woods and Corcoran Trail East/West Street Improvement Projects h. City Hall Remodel — Change Order #7 i. Tavera 2nd Addition Final Plat Final PUD Plan j. Advanced Bond Payment — 2012B k. Early Site Grading Work Agreement — Amberly/Bellwether I. Resolution Approving Donation to Police Department m. Special Event Requesfi —Stanchion Bar Council requested item 71. be pulled for further acknowledgement. MOTION: made by Nichols, seconded by Bottema to approve consent agenda items 7a-e., 7g*., and 7m., as presented. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) Council acknowledged and thanked Lola and Kacey Hedburg for their donation to the Police Department in the amount of $133.00 from lemonade stand. MOTION: made by Nichols, seconded by Bottema to approve consent agenda item 71. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) Planning Business (Public Comment Opportunity Mayor McKee invited residents to participate in perso n and telephonically to comment for Planning Business items on the agenda. Administrative Services Director Beise noted a Public Hearing on item 8a. Administrative Services Director Beise explained the instructions to participate in the public comment opportunity., via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. Administrative Services Director Beise noted one comment card was received for item 8b. No other residents participated in the public comment opportunity. b. Garages Too Rezoning, Variance, Conditional Use Permit, Site Plan, Preliminary Plat Council discussed tabling item by applicant and granting extension to applicant. Adminisfirative Services Director Beise noted application is within timeframe extension. Council discussed application extensions impeding timelines for future Council decisions or action regarding project discussion. Council discussed changing the extension process and requiring future applicants to file an extension On their own behalf for tabling an application. City Planner Lindahl noted 120-day review period expires November 6, or applicant can grant extension after 120 days. Council discussed extensions and the City's ability to modify application parameters. City Planner Lindahl noted process application extension, review period, noting two Council meetings are scheduled before the application expiration date for approval or denial by Council. Council noted comments at a recent Planning Commission meeting with an ongoing sewer study of the area and status of study. City Planner Lindahl reviewed the 2040 Comprehensive Plan southwest sewer study area with Loretto and Medina noting tentative Met Council sewer service study is scheduled in 2028, prior to the next comprehensive plan update. MOTION: made by Bottema, seconded by McKee to table item 8b. Garages Too Rezoning, Variance, Conditional Use Permit, Site Plan and Preliminary Plat. Council thanked residents for attending the meeting and encouraged residents to reach out to Councilmembers. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) MOTION: made by Bottema, seconded by McKee to require applicants desiring a planning extension, item on their behalf, rather than Council action for the extension. to file a 30-day extension for Council discussed creating a 30-day extension policy for applicants requesting to table a planning item. Voting Aye: Voting Nay: McKee, Bottema, Nichols, and Vehrenkamp (Motion fail 0:4) Council consensus directed staff to draft a 30-day extension policy for applicants requesting to table a planning item on their own behalf. 2 a. Public Hearing —Amendment to Chapter 82 (Nuisances) of the City Code related to Outside Storage City Planner Lindahl outlined the request for increased storage area. City Planner Lindahl noted a Public Hearing for ordinance amendments is not required, however Council direction included a Public Hearing be held due to the interest in the matter. City Planner Lindahl noted the ordinance amendment request would increase storage allowances in the front yard, with three components including firewood storage in front yard, modified standard for double frontage lots, and allowance for two vehicles stored in the front yard. Mayor McKee opened the Public Hearing. Administrative Services Director Beise explained the instructions to participate in the Public Hearing via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the Public Hearing. MOTION: made by Vehrenkamp, seconded by Nichols to close the Public Hearing, Robert Meyer, 9709 Garden Lane, opined on driveway locations, rear property access on County Road 30 and adjoining to public roads. Mr. Meyer addressed concern of navigating current regulations related to driveway orientation, noting his access is from Garden Lane, disagrees with allowance of front yard storage. Mr. Meyer submitted a document for Council consideration. Council noted proposed ordinance specifies driveway access to the principal structure is the property front, and therefore would also be the property front for storage in the proposed amendment. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) ouncil clarified the types of storage included with the amended nuisance ordinance, the limit on C number of items, and areas of property included within the amended nuisance ordinance. Council reviewed wood piles and infestation of rodents, and enforcement of nuisance. MOTION: made by Nichols, seconded by Bottema to approve 2021-432 Ordinance Amending the Text of Chapter 82 City Code. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) MOTION: made by Nichols, seconded by Bottema to approve Resolution 2021 -1 03 Findings of Fact for Ordinance Amending Text of Chapter 82 of City Code. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) MOTION: made by McKee, seconded by Bottema to approve 2021-433 Summary Ordinance of 2021- 432. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) c. Kariniemi Sketch Plan City Planner Lindahl reviewed the current sketch plan includes 15 residential lots, 3 commercial lots, requires a comprehensive plan amendment and rezoning for the commercial lots, and relocating the Public Works access. City Planner Lindahl noted the Open Space and Preservation Ordinance (OSP) currently states outlots must connect, and high -quality basswood/maple forest preservation. City Planner Lindahl noted lots 4-6 significantly impact the basswood/maple high -quality resource. Council reviewed park dedication funding, and Outlot B and connecting trails. City Planner Lindahl noted a trail corridor to County Road 19 with remainder cash -in -lieu of land; clarified Outlot A is not dedicated to the City. Council discussed preserving the basswood/maple natural resources. Council reviewed the public street access and Hennepin County requirements. Council noted the OSP requires a ghost plat with open spaces indicating future lots when utilities are available. Council discussed restoration to prairie land and noted concerns with having homes south of the Public Works facility, and extending the commercial lots further south in the new concept. Council reviewed connecting trails to County Road 10 and County Road 19, and the preference of an open space park presented in the original concept plan. Council discussed a 100 ft buffer between current residents and commercial lots with rezoning. Council noted review of adjacent southern properties near lots 5 and 6, buffers, and 3 preservation of natural resources. Nate Kariniemi, applicant, opined on the OSP preservation of open space and clustering six lots into open field leaving natural resource forest, on residentially zoned properties. Mr. Kariniemi noted the southwest corner fits into future residentially zoned properties, and the buffering on Outlot A with continued farmland use surrounding commercial properties. Mr. Kariniemi noted spacing guidelines b Hennepin County and permitting for plan. Mr. Kariniemi noted preservation of natural resources as favorable and opined on challenges with increased buffering with commercial properties. Council noted preserving trees versus clear cutting trees on individual lots. Council noted commercial businesses accessing County Road 19. Council recognized impacts to neighborhood adjacent to development. Council discussed extending trails to existing schoolhouse property on the east. City Planner Lindahl noted the park dedication in land will be consumed in the trail corridor along Rush Creek and connecting to existing corridor trails along County Road 193 with remainder of park dedication as cash in lieu of land. Council and staff discussed the current concept and Public Work access on County Road 19, accessing Outlot A once sewer and water is available, and the OSP application requirements showing how land would be restored to natural prairie once it no longer used for an agricultural purpose. Council noted a larger buffer between Public Works and property to the south, noting cost of curbs and turn lanes with building rights multiplier could be detrimental to project. Council discussed zoning south of property, OSP tree preservation parameters. Nate Kariniemi, applicant, recognized the maple forest natural resource, opined on the OSP cluster development to preserve natural features, noting clustering six lots to the south into the open field, and leaving the basswood/maple natural resource, to accomplish objectives, noting the property to the south is zoned residential, and the southwest corner fits into future zoning of residential development on parcel. Mr. Kariniemi noted the buffer with Outlot A is the conversation easement and buffer. Council noted importance of confirming Hennepin County permits, value of OSP tree preservation, concern of neighborhood to the north, and adjacent to development, removal of trees, and extension of commercial to the south, creates an impact for the neighborhood, and city utilizing open spaces as future parks. r. Kariniemi Mnoted Outlot B will not hold septic systems, but systems could be absorbed in another lot. Council thanked Mr. Kariniemi for providing the concept sketch plan. Unfinished Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically t0 comment for Unfinished Business items. Administrative Services Director Beise explained the instructions to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity. a. Draft Garbage Hauler License Requirements Administrative Services Director Beise outlined the draft solid waste collection ordinance in response to fihe Hennepin County objective to implement organics recycling by January 1, 2022. Administrative Services Director Beise reviewed the requirements of offering the organics recycling for residents to voluntarily participate in, implementing licensing for haulers which provides the City as an Additional Insured Party, and implementing uniform days of collection within the City. Council and staff discussed garbage requirement service, organics recycling objective, participation by community, and Hennepin County recycling funding. Council requested staff review and include a provision for garbage hauling within the draft ordinance. Council and staff discussed requirement for garbage haulers to carry specific licensing and liability insurance. Administrative Services Director Beise reviewed options available and future requirements of Hennepin County in implementation of organics recycling within the city. Mayor McKee called for a recess at 8:33pm. Mayor McKee called meeting back in session at 8:40pm. b. Construction Sign Ordinance Update (Formerly 7f.) Planner Davis noted previous sign ordinance discussions regarding changes to construction signs. Council reviewed best practices regarding sign ordinances and noted including a substitution clause permitting commercial and non-commercial signs, defining a period, timeline and process for the permitting requirement, and sign ordinance mirroring sign policy regarding campaign and similar signs. 4 Council noted freedom of speech, public safety concerns in sign placement, and perception of acceptable signs. Council and staff discussed content neutral signs, right-of-way and differences between ordinance and policy regarding distance and placement of signs. Staff noted differentiation of statutory period allowed for lifting sign restrictions during election years. Council distance restrictions of regarding sign placement and in viewing signs, challenges in placing distance restriction of signs, state statute requirements in removal of election signs after election is complete. Council directed staff to draft amendments to the ordinance to include a substitution clause; cohesiveness between ordinance and sign policy; and include language defining period, timeline, and process for the permitting requirement. Staff and Council discussed clarity on ordinance item g., regarding distance of sign to 7- feet right-of-way, and changing language to "principal structure" versus business specific. 10. New Business (Publicrnmmnn+ Opportunity) Mayor McKee invified residents to participate in person and telephonically to comment for New Business items. Administrative Services Director Beise explained the instructions to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. No residents participated in the public comment opportunity, a. City Park Water Connection Public Works Director Mattson noted well issues at City Park and outlined the options for repair Public Works Director Mattson noted staff recommendation of connecting to municipal water system, noting ARPA funding as an eligible use of funds. Council and staff discussed reuse of well for irrigation, warming house, and water fountain located near Meister Field. Council noted well cost of $50,000 and if cost is factored into current plans. Public Works Director Mattson noted cost incorporation was an estimate and is included within plans presented to date but may change at time of bid. MOTION: made by Nichols, seconded by Bottema to authorize staff to schedule contracting services for connection to municipal water system in amount of $10,000 and a separate water connection fee payable to Maple Grove of $1,360, and utilizing ARPA funds where applicable. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) b. Schedule Work Session -- Water Supply Planning Administrative Services Director Beise noted the proposed schedule for Work Session on October 28 at 5:30pm to discuss type and location of water storage. Mayor McKee called a Work Session for October 28 at 5:30pm. 11. Closed Session a. Closed session as permitted by the attorney -client privilege to discuss response related to the qui tam action filed by Steve Kleiber against Nelson Auto Center, Inc. b. Closed session to develop and consider an offer for the purchase of certain real property affecting the following parcels: i 36-119-23-23-0008 Outlot A, Country Seasons Estates ii 3&119-23-23-0003 Lot 1, Block 1, Country Seasons Estates 3&119-23-23-0007 Lot 4, Block 2, Country Seasons Estates IV 36-119-23-32-0003 Lot 1, Block 3, Country Seasons Estates v 36-1 19-23-32-001 0 Lot 8, Block 3, Country Seasons Estates vi 3&1 19-23-32-001 5 Outlot C, Country Seasons Estates vii 3&119-23-32-0014 Outlot B, Country Seasons Estates viii 3&1 19-23-32-001 1 Lot 9, Block 3, Country Seasons Estates ix 3&119-23-32-0012 Lot 10, Block 3, Country Seasons Estates x 3&1 19-23-32-001 3 Lot 11, Block 3, Country Seasons Estates Mayor McKee stated "Under the authority of Minn. Stat. § 13D.05 subd. 3(b) the City is permitted to close a meeting for attorney -client privilege to discuss pending litigation. The city council is going into closed session for that purpose to discuss response related to the qui tam action filed by Steven Kleiber against Nelson Auto Center, Inc. Upon adjournment of that closed session, the city council will enter a second closed session pursuant to the authority granted by Minn. Stat. § 13D.05 subd. 3(c)(3), in order to develop and consider an offer for the purchase of real property. Specifically, the city council will discuss the proposed purchase of easement or fee simple interests affecting the following properties: i 36-119-23-23-0008 ii 36-119-23-23-0003 36-119-23-23-0007 iv 36-119-23-32-0003 v 36-1 19-23-32-001 0 vi 36-1 19-23-32-001 5 36-119-23-32-0014 mani 36-1 19-23-32-001 1 ix 36-119-23-32-0012 x 36-1 19-23-32-001 3 Outlot A, Country Seasons Estates Lot 1, Block 1, Country Seasons Estates Lot 4, Block 2, Country Seasons Estates Lot 1, Block 3, Country Seasons Estates Lot 8, Block 3, Country Seasons Estates Outlot C, Country Seasons Estates Outlot B, Country Seasons Estates Lot 9, Block 3, Country Seasons Estates Lot 10, Block 3, Country Seasons Estates Lot 11, Block 3, Country Seasons Estates" Mayor McKee recessed the Council meeting at 9:09pm. Mayor McKee reconvened the Council meeting at 9:30pm. Mayor McKee stated, "In the first closed session, t items related to the qui tam action filed by Steven council is prepared to take action on a resolution. " he city council discussed afitorney-clienfi privilege Kleiber against Nelson Auto Center, Inc. The city MOTION: made by McKee, seconded by Bottema, to approve Resolution 2021-113 Approving Proposed Claim Settlement and Authorizing the City Attorney to execute an approval designation on the Settlement Election Form. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) "In the second closed session, the city council discussed the development of offers for the purchase of real property interests affecting the previously listed properties. The city council is prepared to take action on a resolution." MOTION: made by Bottema, seconded by Nichols, to approve Resolution 2021 -1 14 Approving the Purchase of Certain Real Property Interests, Authorizing Closing, and Approving a First Amendment to Right of Entry Agreement" Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) 12. Staff Reports -- None a. Active Charter Planning Applications; report received. b. Charter Commission Appointment Update Administrative Services Director Beise discussed Charter Committee updates and District Court processing, noting Charter Commission meeting will be scheduled in November. 13. 2021 City Council Schedule Mayor McKee noted the upcoming Council schedule. MOTION: made by McKee, seconded by Nichols to adjourn. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp (Motion carried 4:0) Meeting adjourned at 9:34 pm. Michelle Friedrich -- Deputy Clerk 0