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HomeMy WebLinkAbout2022-05-12 Council Minutes1 CITY OF CORCORAN City Council Meeting Minutes May 12, 2022 - 7:00 pm The Corcoran City Council met on May 12, 2022, 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, Councilor Schultz, and Councilor Vehrenkamp were present. Councilor Bottema was excused. City Administrator Beise, Recreation Supervisor Christensen Buck, Public Works Director Mattson, City Planner Shay, Public Works Director Mattson, Director of Public Safety Gottschalk, and Finance Manager Ung 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 City Administrator Beise noted removal of item 7a., clerical error on 8c., and noted the correct item title reflects an easement vacation, not a trail easement, and the addition of item 10b., Sandblaster Purchase, to New Business. MOTION: made by Vehrenkamp, seconded by Schultz to approve the agenda as modified. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) 4. Commission Representatives Mayor McKee noted Planning Commissioner Van Den Einde was present through electronic means, and Parks and Trails Commissioner Anderson was present at the meeting. 5. Open Forum (Public Comment Opportunity) Mayor McKee invited residents to communicate in-person or telephonically during Open Forum. City Administrator 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 persons participated in the public comment opportunity. 6. Presentations/Recognitions a. Years of Service Recognition – Mike Pritchard 10 Years City Administrator Beise recognized Mike’s years of service, positions held within the City, and thanked Mike for all his effort and work. Public Works Director Mattson highlighted Mike’s position assists with right-of-way management and program visions as the City grows, provides daily oversight to building official and building services, stormwater compliance permitting within Hennepin County and the State of Minnesota, and assists with building maintenance at City Hall. Public Works Director Mattson thanked Mike for his years of service. Council thanked Mike for his dedication to his job. b. Watershed Commissioner Update Commissioner Guenthner updated Council and role of the Watershed Commission within the City. Commission Guenthner presented major studies on data regarding condition of water resources in the watershed and noted three requests by the Watershed Commission to Council. Commissioner Guenthner reviewed the total maximum daily load study was conducted in 2016 and noted the Federal Clean Water Act requires every state to identify all impaired waters and establish maximum pollutant loads, with the State delegating responsibilities at the local watershed management level to conduct studies and set standards for total daily pollutant loads. Commissioner Guenthner Total Maximum Daily Load (TMDL) Study for the Elm Creek quantifies the pollutant reductions necessary to meet State water quality standards for impaired 2 lakes and streams within the watershed and noted the TMDL study addressed the three primary pollutants as phosphorus, e-coli, and suspended solids (silt from runoff). Commissioner Guenthner noted the study identities mitigation strategies and standards for protecting and restoring waterways within the watershed. Commissioner Guenthner noted the watershed standards are applied by the Watershed Commission when reviewing developer proposals for compliance with the standards, and then Council requires compliance when the developer application is approved. Commissioner Guenthner noted the same watershed standards are applied to surrounding cities and adopts standards for citing and management of non- production livestock operations, or hobby farms within the watershed. Commissioner Guenthner noted strategies to existing production farms to promote voluntary best management practices. Commissioner Guenthner noted the study identifies education strategies for informing urban residents on non-phosphorus fertilizer options, pet waste management, and natural buffering of waterways. Commissioner Guenthner noted the TMDL study reviewed water quality data from several lakes in the watershed areas of Rogers, Dayton, and Maple Grove, along with 15 creek monitoring stations. Commissioner Guenthner outlined two of monitoring stations are in Corcoran, one on south fork of Rush Creek at County Road 101 and Shannon Lane, and on the north fork of Rush Creek under Oakdale Drive. Commissioner Guenthner noted the study did not establish any collected data of e-coli or suspended solids in Corcoran, however substantial e-coli loads on the north fork and south fork of the Rush Creek watershed, which borders Corcoran, indicate pollutants are leaving Corcoran and flowing into surrounding watershed areas outside of Corcoran. Commissioner Guenthner noted the study was inclusive where the pollutants were being generated from within Corcoran, however livestock runoff within Corcoran were identified as pollutant sources. Commissioner Guenthner noted a section of Rush Creek within Corcoran is significantly impaired. Commissioner Guenthner reviewed the north and south watershed areas in Corcoran, noted the collected field data utilized to locate sources of pollutants, and tailored mitigation strategies to reduce pollutants. Commissioner Guenthner noted Scott Farms as successful, voluntary, watershed project on the west side of Jubert Lake which reduced pollutants into Jubert Lake. Commissioner Guenthner noted partnering with Hennepin County and the sub-watershed commission to identify and work with local property owners for available grants to assist with subsidizing costs. Commissioner Guenthner noted an upcoming work session regarding potential stormwater area charges and including the watershed commission representative in the work session. Council briefly discussed mitigation processes, land acquisition, financial resources, and sharing costs. 7. Consent Agenda a. Draft April 14, 2022, Council Minutes (removed from Consent Agenda items) b. Financial Claims c. Administration Department Reorganization -- Phase One d. Fee Schedule Amendments – Ordinance Amendments e. Temporary Liquor License – Corcoran Lions f. Authorizing Closing on the Sale of Certain Real Property g. Noise Waivers – Several Upcoming Events i. 7798 Corcoran Trail West – August 20, 2022 ii. Hamel Rodeo – July 7-10, 2022 iii. Stanchion – July 8-9, 2022 iv. Country Daze 2022 – August 12-13, 2022 v. Corcoran Lions – June 4, August 27, September 10, 2022 h. Temporary Liquor License – Hamel Rodeo MOTION: made by Bottema, seconded by Schultz to approve agenda items as presented. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Council noted resolution of support maintaining local control of housing regulations. 8. Planning Business (Public Comment Opportunity) Mayor McKee invited residents to communicate in-person or telephonically during the public comment opportunity for Planning Business items. City Administrator 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 persons participated in the public comment opportunity. a. West Side Tire Variance, SP and IUP (City File 22-011) 3 Mayor McKee requested a broad overview with highlights of recent changes to the application. City Planner Shay reviewed the project location at County Road 116 and 75th Avenue, project history, and background dating back to 1992, amendments, and ongoing code violation of outside storage, and recent Council approval of an ordinance amendment allowing parking and outside storage as a principal use, subject to conditions on March 11, 2021. City Planner Shay noted the Planning Commission recommendation to Council to approve the site plan and interim use permit, denial of front yard setback variance, and recommend approval of curb cut variance. City Planner Shay reviewed the revised plan submitted on May 2, 2022, by applicant includes reduced curb cut variance of 45 feet, removal of most of the gravel from the 15- foot driveway easement on the east, expansion of the screened storage area on the east side of the parking lot, and a reduction of parking stalls from 54 to 46. City Planner Shay noted 32 feet is the maximum allowed by code regarding the curb cut variance, and the reduction of parking stalls complies with the minimum drive aisle widths and turning radii for emergency vehicles. City Planner Shay indicated landscaping is currently not shown on plan, and the City historically has required a fence and landscaping. City Planner Shay reviewed the 7-foot chain link fence with slats, code requirement of one overstory tree per 50 lineal feet of site perimeter and one tree per 30 lineal feet of site perimeter (a total requirement of 21 trees and 34 shrubs), code requirement of screening parking areas from public streets, and staff recommendation to focus landscaping plantings in the front and west yards. Council discussed requirement of screening and noted east side of parcel has limited space, south side has an easement access and an existing tree border, and tree placement on west impedes snowmobile trails. Council discussed recent work session discussion of including code feature for tree landscaping requirement to be planted in public spaces or include a cash in lieu condition for trees. Shawn Leuer, applicant, noted trees could be planted on existing property if acceptable. City Administrator Beise noted code requirement indicates it must be public property. City Planner Shay noted included tree plantings on either the south side of lot or variance, or north side of lot or variance, to comply with code, or utilize a variance requirement. Shawn Leuer noted there is parking on both parcels with the public road dividing the property. Council requested the landscaping be determined by applicant regarding placement of required number of trees and shrubs on the two separate parcels and noted screening preference on the north side of parcels. Shawn Leuer noted for the record later expense or modification to resolution would be his expense as applicant. MOTION: made by McKee, seconded by Nichols to amend Resolution 2022-50 Condition 11, stating “a total of 21 trees and 34 shrubs to be planted on-site if the landscaping can be applied to the north and south lot. If the landscaping is not allowed on the north lot, then the applicant shall apply for a variance to allow reduced landscaping. The applicant shall submit a landscape plan for review and approval by City staff.” (PID 26-119-23-14-0018) (City File 22-011) Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Council discussed the denial by Planning Commission of the setback. Landon Pohl, VAA Engineering, commented on the setback issues and noted site layout reflects useable space for parking lot and storage area. Mr. Pohl noted the south side of the property is low side of the property, necessary fill to bring up to grade which expands disturbance limits and impacts to land over one acre in size. Mr. Pol noted shifting everything south 15 feet decreases outside storage, disturbs snow mobile trail, and creates a need for additional permits. MOTION: made by Schultz, seconded by Nichols to approve Resolution 2022-50 Interim Use Permit and Site Plan Application from Westside Wholesale Tires located at 19925 75th Avenue North as amended; approving Resolution 2022-51 Variance Application from Westside Wholesale Tires located at 19925 75th Avenue North, and approving Resolution 2022-52 Variance Application from Westside Wholesale Tires located at 19925 75th Avenue North. (PID 26-119-23-14-0018) (City File 22-011) Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) b. Bechtold Farm Final Plat and DA (City File 22-024) MOTION: made by Bottema, second by Nichols to approve Bechtold Farms at Rush Creek Final Plat and Development Agreement. 4 Phillip Kothrade, Skies Limit LLC., noted in driveway access discussions with City staff for parcel located on lot 1, block 1, which is currently planned to extend from Chaparral Lane, Mr. Kothrade noted the developers would like language to reflect best access location for lot 1, block 1, to allow additional time to determine what the best access will be, and review minimal access from Bechtold Road. Donavon DesMarais, Skies Limit LLC., opined on safety issues and why driveway needs to be moved, and noted limiting accesses from Bechtold Road. Council discussed driveway distance and safety concerns. Public Works Director Mattson noted staff review of site plans prior to evaluating which option will be an appropriate safety outcome regarding Bechtold Road. City Planner Shay noted the amended resolution should reference condition 10 to include unless it is part of the building permit application the City determines if the relocation is feasible and location at Chaparral is infeasible. Councilor Bottema rescinded his original motion to approve. MOTION: made by Schultz, seconded by Nichols, to amend Resolution 2022-53 Condition 10 to include “unless as part of the building permit application the City determines the relocation is infeasible.” Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) MOTION: made by Schultz, seconded by Vehrenkamp to approve Resolution 2022-53 Final Plat and Development Contract for “Bechtold Farms at Rush Creek” at 10165 Bechtold Road. (PIDs 05-119-23-44-0001 and 08-119-23-11-0007) (City File 22-024) Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) c. Bechtold Farm Vacation Easement and Public Hearing Mayor McKee opened the Public Hearing for Bechtold Farm Vacation Easement. City Administrator Beise explained the instructions to participate in the Public Hearing. No persons participated in the Public Hearing. MOTION: made by Nichols, seconded by Schultz to close the Public Hearing. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) MOTION: made by Schultz, seconded by Vehrenkamp to approve the Bechtold Farm Vacation Easement. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) 9. Unfinished Business (Public Comment Opportunity) Mayor McKee noted there were no Unfinished Business item on the agenda. 10. New Business (Public Comment Opportunity) Mayor McKee invited residents to participate in person and telephonically to comment on New Business. City Administrator 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 persons participated in the public comment opportunity. a. Ebert Road Right of Way City Administrator Beise reviewed Ebert Road right-of-way, discussions with a resident residing on the road. Currently there is right-of-way along the road the resident lives on, with discussion if the City is willing to sell some of the right-of-way. City Administrator Beise noted currently there is no turn around on City right-of- way with permission of landowner to north to allow City trucks to turnaround on property. City Administrator Beise noted right-of-way discussions help in understanding future improvements. City Administrator Beise and Council noted house setbacks created the need for the larger right-of-way, however, no development has taken place, so no additional right-of-way has been obtained. Gideon Slabaugh, 9925 Ebert Road, Mr. Slabaugh noted the fire circumstances on the house. Mr. Slaybomb noted his neighbor is willing to sell a portion of his property, so Mr. Slabaugh can rebuild a house on his parcel. The replotting of his neighbor’s property causes an easement issue. Mr. Slabaugh discussed the right-of-way owned by the City and the possibility of changing the easement requirement. Pat Gillespie, 9945 Ebert Road, discussed the L-shaped parcel, square lots, and helping a neighbor with the easement requirement will cause him to lose half of his front yard. Public Works Director Mattson discussed releasing the easement, but maintaining the corridor, and how the City can reposition and improve the area and the City is open to ideas in exchanging right-of-way where a future road may be built. Public Works Director Mattson noted the challenging situation the applicant is in 5 and encouraged the applicant to have discussions with neighbors for creative solutions. Public Works Director Mattson noted Ebert Road is a main access for the City to maintain road. Council and staff discussed the existing easement, options of reducing the large easement, and extending along Ebert Road and conceptual ideas for changing the easement. Council discussed potential future development and improvements to Ebert Road, and properties along easement. Council discussed maintenance from a City perspective, space limitations, right-of-way, and a City exchange for the right-of-way may look like. Public Works Director Mattson noted ability to permit small utilities to properties and is right-of-way management, and to release before we do not understand what an equivalent exchange may be is a point of discussion. Council noted the west side of Ebert Road, and exchange right-of-way and spread to the north, how far from the road could the right-of-extend. Public Works Director Mattson noted the structures could not be brought to compliance, and believe the properties are currently out compliance. Council and staff discussed the 33- foot right-of-way extending to the back of the property, road easement on the opposite side of the road, releasing the right-of-way, and not fully understanding the potential outcome. Council discussed current utilities along the road, and minimum would 8-10 feet for small utilities. Council and staff discussed currently, planning for small utilities include 10-feet on each side of the road for small utilities in rural areas. Public Works Director Mattson noted staff recommendation would be to not vacate the right-of-way until the City has a plan in place to preserve future options. Council support noted maintaining the current right-of- way, and not extending the right-of-way easement with the sale of property, to allow the property owner to move forward with property purchase from neighbor. Mayor McKee called a recess at 8:59 pm. Mayor McKee reconvened the meeting at 9:05 pm. b. Solid Waste Hauler Ordinance Change Request City Administrator Beise reviewed a request from a hauler for Council review of scheduled start times within the Solid Waste Collection Ordinance for solid waste haulers. The hauler is in violation of solid waste pickup time and made pickups before the scheduled start time of 7:00 am. Council discussed safety issues, other licensed haulers adhering to the current policy. Council consensus was to adhere to the current solid waste pickup hours per the City Code Solid Waste Collection Ordinance of 7:00 am to 6:00 pm. c. Dust Control Program Public Works Director Mattson reviewed background of dust control request for bids and noted price increases would be brought to Council for review. Public Works Director Mattson noted the history of how dust control was managed, assessments, and current year reflecting an increase in dust control costs. Public Works Director Mattson reviewed options for the dust control applications and mimicking the same road applications as last year; fit the dust control program within the existing budget and select which roads will receive the dust control applications, and which will not; and how the City will handle immediate requests from residents regarding unscheduled dust control applications; and how can staff handle resident calls because now the application is free. Public Works Director Mattson requested direction from Council for 2023 budget. Council and staff discussed dust control benefits with road maintenance and roadbed stabilization. Council and staff discussed roads that are not receiving dust control applications, and segments of roads that were requested by residents from previous year. Council requested including dust control costs for all gravel roads for 2023, and review at draft budget discussions later in the year. Council and staff discussed seal coating schedules, the process of accepting of new City roads in new developments, and crack sealing maintenance of roads. Council consensus was to increase the dust control budget amount by $12,500 and match the streets in the 2021 Dust Control Program. d. Facilities Sub-Committee City Administrator Beise reviewed the sub-committee facility including parks and trails facilities, fire facilities, and gather an initial inventory of City facilities. Council Nichols and Councilor Vehrenkamp volunteered for the subcommittee and were appointed. e. Sandblaster Equipment Replacement Purchase City Administrator Beise outlined cost of equipment replacement, noted the equipment was not included in the CIP budget but due to the condition has reached the end of useful life. City Administrator Beise reviewed the benefits of keeping the equipment in-house to utilize as necessary regarding Public Work’s maintenance schedule. City Administrator Beise noted the low quote received of $6,580.50 and includes the purchase of OSHA required safety pieces to self-perform the work. MOTION: made by Bottema, seconded by Vehrenkamp to approve Sandblaster Equipment Replacement Purchase. 6 Council discussed the usage of equipment and what the equipment is used for. Public Works Director Mattson noted the sandblaster is utilized to maintain equipment annually, for park equipment, and transitions between seasons. Public Works Director Mattson noted sandblasting rates are approximately $180 per hour. Council inquired on renting the equipment and if most Public Works departments maintain this type of equipment. Public Works Director Mattson noted follow up on questions would be relayed to Council once staff has reviewed. MOTION: made by Schultz, seconded by Vehrenkamp to approve the Bechtold Farm Vacation Easement. Voting Aye: McKee, Bottema, Nichols, and Vehrenkamp Nay: Schultz (Motion carried 4:1) 11. Staff Reports a. Active Corcoran Planning Applications; reports received. 12. 2022 City Council Schedule Council received 2022 schedule and City Administrator Beise noted full agendas in the coming months. Council inquired on the Waters Too project status. Public Works Director Mattson noted a draft update will be available at the next Council meeting. Council discussed preliminary and final plat for WH Electric. 13. Adjournment MOTION: made by Nichols, seconded by Bottema to adjourn. Voting Aye: McKee, Bottema, Nichols, Schultz, and Vehrenkamp (Motion carried 5:0) Meeting adjourned at 9:31 pm. Jessica Beise – City Administrator