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HomeMy WebLinkAbout2021-10-14 Council MinutesCITY OF CORCORAN City Council Meeting Minutes October 14, 2021 - 7:00 pm The Corcoran City Council met on October 14, 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 Nichols, Councilor Schultz, and Councilor Vehrenkamp were present. Councilmember Bottema arrived at 7:05 pm. City Administrator Martens, Administrative Sery Director of Public Works Gottschalk were present. ices Director Beise, Public Works Director Mattson, and 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 City Administrator Martens reviewed public comment opportunities during the meeting, adding the public comment opportunity within Unfinished Business will occur after the assessment hearings on items 9a., and 9b. City Administrator Martens noted the length of each public comment will be limited to 5-minutes per participant, with Council discretion for participants exceeding the 5-minute length limit. MOTION: made by Nichols, seconded by Schultz to approve the agenda as presented. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) 4. Co ' Ma rJ Christenson was present via electronic means. r Fission Representatives McKee noted Planning Commissione acobs was present and Parks and Trails Commissioner Mayor McKee invited Commissioners Jacobs and Christenson to speak on relevant agenda items. 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 comment cards were received by staff and no residents participated in the Open Forum. Presentations/Recognitions Consent Agenda a. Draft Minutes of September 23, 2021 Council Work Session b. Draft Minutes of September 23, 2021 Council Meeting c. Financial Claims d. Third Amendment to Contract for Water Service e. Hennepin County Youth Sports Grant Application f. Table and Application Extension — Garages Too Rezoning, Variance, Conditional Use Permit, Site Plan, Preliminary Plat g. Solid Waste Ordinance Amendment h. 66th Ave/Gleason Parkway Corridor Improvements — Pay Request 2 i. City Hall Remodel — Pay Request #8 1 MOTION: made by Schultz, seconded by Vehrenkamp to approve consent agenda as presented. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp (Motion carried 4:0) 8. Planning Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment for Planning Business items on the agenda. City Admin istrator Martens noted public comment opportunity for item 8a. Administrative Services Director Beise expla fined the instructions to participate in the public comment opportunity via the Zoom video format and reviewed instructions for participafiion in the meeting through telephone or computer. No residents participated in the public comment opportunity. a. PUD Amendment for Tavera City Planner Lindahl outlined the previous Council action regarding the final PUD plan for Tavera 1st Addition. City Planner Lindahl reviewed the approved grading plan, and non-compliance by developer regarding current stockpile dimensions exceeding 40,000 cy/20 feet high within the 1st Addition. City Planner Lindahl reviewed the single, approved stockpile location and the recent request by developer for an additional three stockpile locations reaching 38,000 cy/20 feet high. Councilor Bottema arrived at 7:05pm and noted absence of his vote in the consent agenda approval and indicated he would have requested further discussion of one specific consent agenda item. Councilor Bottema asked that his statement be included within the Minutes record. Council and staff continued with discussion of non-compliance of grading stockpile locations within the Tavera 1st Addition, accountability, record of Lennar non-compliance with other situations within development progress, and non -enforcement by Council with past situations. Council noted complaints by residents, lack of trust, lots not being cleaned up, sod not installed on time, tree replacement in park, sidewalk failures, architectural standard failures, amendments to PUD agreement within 4 months of initial agreement, TLAC fee requests, homesites disallowed in wetland area review, lack of inconsistent expectations, and lack of satisfaction in meeting existing agreements by developer. Council discussed developer plan to utilize the dirt stockpiles in Phase 4 and the possibility to request developer to expedite Phase 4 grading to deplete unapproved stockpiles versus requiring developer to move stockpiles. Council discussed restricting building permits until Phase 4 grading is completed. Public Works Director Mattson noted grading permitting has not been approved for Phase 4 and moving dirt to Phase 4 may create unique drainage complexities to the north of the parcel, noting estimated permitting would not occur until spring 2022. Paul Tabone, Lennar Representative, presented Council with a letter regarding a grading plan amendment, opined on current stockpile situation, noting Council frustration, requests by Lennar for grading flexibility within developments, clay soil unpredictability, identification of problem, noting April 8 Council meeting and discussion of grading process and possible grading issues. Mr. Tabone noted desire by Lennar to present a beautiful development community. Council expressed dissatisfaction with Lennar's historical response to neighboring property issues in the past Ravinia development in Corcoran. Council and Mr. Tabone discussed when dirt overage was apparent, noting mid -September when the over -abundance of dirt was realized. Mr. Tabone noted the request for grading flexibility was processed as early as possible. Council and staff reviewed options for overage and relocation of stockpiles, process going forward regarding Tavera building permits, and presentation of an amended plan for Council discussion at the October 28 Council meeting. Council and staff noted the importance of future plan amendments presented to staff prior to work being completed on the development. MOTION: made by McKee, seconded by Nichols to table item 8a., to the October 28 Council meeting, and direct staff to withhold all building and grading permits until amended plan and resolution is approved. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) 9. Unfinished Business (Public Comment Opportunity) Mayor McKee noted residents are invited to participate in person and telephonically with comments received after Unfinished Business Assessment Hearing items 9a., and 9b. a. Assessment Hearing — Corcoran Trail East/West Improvements Project 2 City Administrator Martens reviewed Council action and meetings to date for the improvement project on Corcoran Trail East and West. City Administrator Martens outlined project financing of $590,438, City contribution of $414,038, and special assessments of $176,400. City Administrator Martens noted benefit range for property owners within project, valuation, and overlay credit benefit for applicable properties. Mayor McKee opened Assessment Hea East/West. Administrative Services Director Beise explained the instructions to participate in the meeting via the Zoom video format and reviewed in MY for Corcoran Trail structions for participation in the meeting through fielephone or computer. Administrative Services Director Beise noted any residents disagreeing with fi to Council, and then appeal the assessment in District Court. he assessment should object at fihis time Carol and Ron Eastbourne, 7760 Corcoran Trail East, objects to assessment, the process for the assessment, and opined on assessing all properties equally within assessments. Mrs. Eastbourne noted there is a drainage issue on their property that flows from all properties within the Corcoran Trail East/West. Brian Toussaint, 7720 Corcoran Trail East, and 7815 Corcoran Trail West, opposes unequal assessment to properties, noting issue on 7815 Corcoran Trail West property with placement of septic system and well with no option for building a primary residence without City sewer and water. Mr. Toussaint noted issue in not allowing early payment of assessment. City Administrator Martens noted property owners will have the option to pay the full assessment amount prior to November 15 of each year. Administrative Services Director Beise clarified interest would be removed for future years on the year payment is made if payment is made prior to November 15 of the year. Staff noted the tax statement is the annual reminder for the special assessment. Mr. Toussaint noted objection to assessment and opined all property owners utilize the road and assessment should be equal for all properties accessing Corcoran Trail. Mr. Toussaint noted objection to assessment and wished to continue to the appeals process. Pat Gorman, 7770 Corcoran Trail East, objects with assessment, questioned the benefit range, and objects to the unequal assessment of properties and would like option to continue to the appeals process. City Administrator Martens noted Council may continue assessment hearing at a subsequent Council meeting with amendments to the resolution. Council discussed a deferred assessment for vacant properties, or deferment until a building permit is issued for a primary dwelling on a vacant property. Council discussed funding options for deferred assessments on vacant properties and impacts to budget. City Administrator Martens noted deferred assessments would incur additional staff costs to track the deferred assessment. Council and staff reviewed benefit values to properties with degraded asphalt, appraisal benefits, and City policy on assessments. Council reviewed assessment policy structure regarding higher and lower value homes, and gravel versus paved value differences relating to benefit ranges. Council noted the City is covering 70 percent of the cost on the Corcoran Trail East/West improvement project to make it as fair and equitable as possible for property owners. Council reviewed the option for property owners to spread out the assessment over 10 years. Public Works Director Mattson reviewed the reclamation process for grounding up gravel and bituminous on the road, noting the high quality of the road when it was originally constructed 30 years ago. Mr. Eastbourne stated with the reclamation of base on the paved portion creates a stronger base foundation, and opined with a more substantial base foundation on the paved portion, and extra drainage work on the west end, a higher value on the west end is created versus on the east end of the road. City Administrator Martens noted amending the resolution language to reflect discussed changes, and continuing assessment hearing to the October 28 Council meeting. MOTION: by Schultz, seconded by Bottema to continue the assessment hearing to the October 28 Council meeting, and requested staff to amend the resolution language to include deferred assessments on vacant properties at the sale of the property, including when a building permit is issued for construction of a primary dwelling on a vacant property, and clarifying interest cap on deferred assessments after a specific number of years, dependent upon the improvement project. 3 Voting Aye: McKee, Bottema, Nichols, (Motion carried 5:0) Council and staff discussed interest o Schultz, and Vehrenkamp n the deferred assessment, and now interest is accrued on deferred assessment, and including capped interest on deferred assessme Administrative Services Beise clarified residents wishing to appeal the assessment would need to wait until the assessment hearing closes at the October 28 meeting, and noted 30 days to appeal the assessment, with all appeals submitted to Administrative Services Director Beise or Mayor McKee within 30 days following the October 28 Council meeting to formally appeal to District Court. b. Assessment Hearing — Appaloosa Woods Street Improvement Project City Administrator Martens reviewed Council action and meetings to date for the improvement project on the Appaloosa Woods Street Improvement project. City Administrator Martens reviewed the project financing and special assessments of $148,791, the appraised benefit range of existing gravel to new pavement assessments, and existing pavement to new pavement assessments, noting the lower assessment cost savings of $50,000 reflected in the final assessment totals. Mayor McKee opened the Assessment Hearing for Appaloosa Woods Street Improvement Project. 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. Abraham Gadalla, 19125 81 St Lane North, Corcoran, noted the increased number of trucks travelling on the road in front of his home, and objects to road improvement assessment, the value benefit of property, absence of sidewalks, and details of the assessment costs. Mr. Gadalla opined the improvement project is a minor improvement without sidewalks and will make the neighborhood more dangerous for those walking on the side of the road. Mr. Gadalla objects to the assessment and does not see benefit in the road improvement and believes additional road repairs will be necessary prior to the 10-year payment assessment completion and questioned how future road repairs costs will be handled by City. Dean Jacobs, 24015 Duffney Circle, opined on assessment projects regarding improvement of roads and including curb and gutter as a positive benefit value from road improvement versus homes on existing gravel or non -paved roads. Mr. Jacobs noted the difficulty of an appeals property tax assessment process, details associated with the process, and burden of proof. Abraham Gadalla, 19125 81 St Lane North, Corcoran, added the amount benefit is not justified. MOTION: made by McKee, seconded by Schultz to close the Assessment Hearing. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) City Administrator Martens reviewed the scope of the project and noted enhancing the road to include sidewalk would have required acquisition of property and would have raised the project cost X Jr*significantly. City Administrator Martens noted the due date for payment deadline is 30 days from adopted resolution. City Administrator Martens reviewed the assessment policy, open communication with residents within the neighborhood, the appraisal report inclusion within the feasibility study, and noted the City is always striving to communicate more clearly with residents. Council and staff noted public safety action with overweight vehicles on City roads, city maintenance for potholes, sealcoat maintenance, and noted a 20-year maintenance schedule on the road. MOTION: made by Bottema, seconded by Schultz to approve Resolution 2021-118 Assessment Role as presented. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Council thanked residents for their input. c. Recycling Proposal Review Administrative Services Director Beise reviewed the expiring and current recycling contract expiring at the end of the year. Administrative Services Director Beise reviewed the RFP results, noting of 10 participating companies, only Randy's Environmental Services responded with an estimated service 11 fee of $4.50 per household per month, with 3-year City contract. Administrative Services Director Beise noted Debra Gatz from Randy's Environmental Services, was available for questions. Council discussed contract periods, and options for additional companies to participate in the RFP process. Council reviewed recycling as an unfunded mandate for cities but required by Hennepin County and is a tax by Hennepin County that is passed onto citizens. Council noted subsidy of State recycling funds through Hennepin County to implement City recycling programs. City Administrator Martens noted a majority of citizens recycle, and Randy's Environmental Services was the only company to exercise effort in completing the proposal process. MOTION: made by Schultz, seconded by Vehrenkamp to execute contract with Randy's Environmental Services as presented. Voting Aye: McKee, Nichols, Schultz, and Vehrenkamp Nay: Bottema (Motion carried 4:1) d. Planning Commission Appointment Process City Administrator Martens noted three Planning Commission applications were submitted for the Planning Commission to date. Council discussed procedures for future appointments to Commissions. Council noted including all Councilmembers in the appointment process by rotating Councilmembers in future review of applications for Commissions. Council noted inclusion of Commission Chairs for review of applications for future open seats on Commissions. Council discussed a subcommittee bringing forth qualified applications, and possibility of a quorum if more than two Councilmembers were present within the subcommittee. Council discussed Mayor, Chair Commissioner, and a rotation of Councilmembers for the third subcommittee seat. Council debated utilizing Council liaisons as representative in the subcommittee. MOTION: made by Schultz, seconded by Bottema to approve establishment of a subcommittee to include the Mayor, Commission Chair, with third seat rotation of the remaining 4 Councilmembers to review and select qualified applicants to present to Council for future vacant commission seat appointments, noting the rotating Councilmember seat will not be tied to Council liaison with respective commissions. Voting Aye: McKee, Bottema, Schultz, and Vehrenkamp Nay: Nichols (Motion carried 4:1) City Administrator Martens clarified Mayor McKee and Councilmember Nichols will form the first subcommittee in the application review process for the vacant Planning Commission seat. 10. New Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment on New Business item 10a. 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. Dean Jacobs, 20415 Duffney Circle, requested information if equipment sale is open to the general public, and questioned how equipment costs and resale of equipment is calculated. a. 2022 Capital Improvement Plan Pre -Orders City Administrator Martens noted sale of equipment is routinely listed on League of Minnesota Cities website for public purchase. Public Works Director Mattson noted conservative costs on equipment for resale items. City Administrator Martens noted the City approves a two-year capital improvement plan on even years, and reviewed current equipment pre -order requests of $987,000 through February 2022. Council discussed options for bidding and estimates on various brands of equipment and equivalent manufacturers. Public Works Director Mattson noted service, parts, and numerous other criteria are reviewed when negotiating equipment purchases throughout the year. Director of Public Safety Gottschalk noted the disparity in obtaining fleet vehicles due to the pandemic and automotive industry disruptions and availability. Council and staff discussed different pricing on squad cars, referencing light bars, transfer of equipment, and vehicle expenses. Council and staff discussed tractor fleet and attachments flexibility, trailers, and seasonal workers. Council discussed cost and usable life of equipment versus bond length. Staff discussed front end plows, a backup dump truck, and versatility of equipment for multiple seasons, and rebuilding of equipment when value of equipment is stable. 5 W TI( N: made by McKee, seconded by Ve Improvement Purchases as presented. Voting Aye: McKee, Bottema, Nichols, Schul (Motion carried 5:0) 11. Staff Reports hrenkamp to authorize staff to pre -order 2022 Capital tz, and Vehrenkamp On 2021 Action Steps Update; report received. Council and staff reviewed the County Road trail corridor feasibility study, noting lack of funding by Hennepin County halted progress for trail corridor study. Council and staff discussed City responsibility in preparing for costs associated with the trail corridor. Council and staff discussed the trails are along County Roads and should be joint expenses and joint discussion with Hennepin County. Council and staff noted applying for assistance in 2022 with Hennepin County. Council discussed coordinating with Three Rivers Park to accomplish trail system corridors within Corcoran, noting Parks and Trails Commission should be utilized in affirmation of trails. City Administrator Martens noted the feasibility study would identify costs for City and Hennepin County regarding trail corridor along County Roads. City Administrator Martens noted community input and support of additional trails in Corcoran. City Administrator Martens noted park dedication fees from the Tavera neighborhood are substantial. Council discussed options for approval of PUD and CUP perm continual and ongoing. 12. 2021 City Council Schedule 13. Adjournment it processes noting the process is Mayor McKee noted the upcoming Council schedule. MOTION: made by Schultz, seconded by Bottema to adjourn. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Meeting adjourned at 10:13pm.