Loading...
HomeMy WebLinkAbout2022-09-22 Council MinutesCITY OF CORCORAN City Council Minutes September 22, 2022 — 7:00 pm The Corcoran City Council met on September 22, 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 Nichols, and Councilor Vehrenkamp were present. Councilor Bottema, and Councilor Schultz were excused. City Administrator Beise, Cifiy Clerk Friedrich, Planner McKeown, Public Works Director Mattson, and Director of Public Safety Gottschalk were present. '1. Call to Order/Roll Call Mayor McKee called the meeting to order at 7000 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 a clerical change to Minutes, noted copies are included for item 4, Council Liaison Schedule and was omitted in packet distribution, addition of item 9a, Cost Share Agreement, addition of item 9c3, Resolution 2022-116 Supporting Hennepin County Youth Sports Grant. Council noted moving item 10e, to the beginning of New Business. MOTION: made by McKee, seconded by Nichols to approve the agenda as modified. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) 4. Commission Representatives Mayor McKee noted Planning Commissioner Van den Einde and Parks and Trails Commissioner Meister are liaisons for the meeting tonight. 5. Open Forum (Public Comment Opportunity) Mayor McKee invited residents to communicate in -person or telephonically during Open Forum for items not included on the agenda. 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 residents participated in the public comment opportunity. 6. Presentations/Recognitions a. Years of Service Recognition — Kevin Mattson — 5 Years Mayor McKee recognized Kevin Mattson for years of service and thanked him for his dedication to the City of Corcoran. 7. Consent Agenda a. Draft Minutes of the May 26, 2022, Council Meeting b. Financial Claims c. Blair Brown Riding Arena CUP d. Accounting Clerk Hiring e. Parks and Trails Commissioner — Residence Status Change 41.1 made by Vehrenkamp, seconded by Ni chols to approve agenda items 7a-e, as presented. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) 8. Planning Business (Public Comment Opportunity) Mayor McKee invited residents to communicate in -person or telephonically during the public comment items 8a through 8c. City Administrator Beise explai opportunity for Planning Business ned the instructions 1 to participate in the meeting via the Zoom video format and reviewed instructions for participation in the meeting through telephone or computer. City Administrator Beise noted a broken meeting link on the website that staff were working to correct broken meeting link. No residents participated in the public comment opportunity. a. Pro -Tech Site Plan CP and Variance Planner McKeown reviewed the application request for Pro -Tech Automotive and includes a site plan, two conditional use permits, and three variance requests. Planner McKeown noted the request will allow for expansion of the existing facility to include additional repair bays as well as some warehouse space for materials storage. Planner McKeown noted the existing building is to the south and the proposed building would double their footprint. Planner McKeown reviewed parking area paving to the south of the site and dedicated exterior storage on the northern end of the site with some basis for employee parking. Planner McKeown reviewed the expansion includes additional space for the building of 5865 square feet. The site currently indicates 24 parking stalls. Planner McKeown noted the parking lot would be paved with concrete curb and gutter and the designated exterior storage space would be newly delineated and gravel. Planner McKeown noted overall, the plans comply with the district loft standards for the exterior storage. Planner McKeown reviewed the screening of the outdoor storage can meet the 80% capacity year-round requirement for the conditional use permit. Planner McKeown noted conditional use permits for parking would involve three variances for the proposed site plan, including the southern drive aisle with the setback for the western drive aisle, and noted expanding some parking spaces on the southeast portion of the site that were approved at a 20-foot setback, and added the plan indicates two additional parking spaces at that setback when 50 feet is required at this time. Planner McKeown noted the employee parking on the north of the expansion needs to be shifted a bit further north and the site plan just to show a separation between the building and the parking. Planner McKeown reviewed the encroachment of the western driveway, and the neighboring property does need to be addressed as a condition of approval of the site plan, regardless of the variances being approved. Planner McKeown noted one area where the encroachment is as much as two feet into the neighboring property according to their survey. Planner McKeown noted the revised plan must also provide vegetation on the site to provide the required screening for parking spaces 11 and 12. Planner McKeown noted staff needs further clarification as to what vegetation currently exists at the site. Planner McKeown noted engineering recommendation included a concrete apron at the entrance of the site and noted that condition of approval was not based on feedback during the sketch plan discussions. Council and staff discussed other updated businesses and requirements in place regarding concrete driveways. Planner McKeown noted applicant will need to obtain a permit from Hennepin County to officially abandon the septic system on the site. Planner McKeown reviewed the revised plan includes integral color block for facades, but that is not what is shown in the current plan, so an updated plan is necessary. Council and staff reviewed the hardship standard that has been met due to constraints of the location of the building, and emergency access, screening opacity, setback requirements, impacts of encroaching into the City's drainage and utility easement. Planner McKeown noted the certificate of survey from the first plan indicated a 20400t-wide drive aisle and keeping as close to possible to 20 feet within the allowed space and noted the findings of fact. Planner McKeown noted further evaluation may be necessary and Council may need to extend the review period to 120 days to allow for consistent plans to submitted so an updated narrative can be completed regarding variances and resolutions, as the resolution presented tonight is invalid with the changes requested by applicant. Council noted scheduling the item again at the October 13 Council meeting, to allow time for applicant to update site survey, gather encroachment agreements, submit the actual plan, a grading plan, and landscaping requests. Planner McKeown noted paragraph 16 of Resolution 2022-111 would need to reference a revised grading plan, showing drainage can be maintained, and must be submitted. MOTION: made by McKee, seconded by Vehrenkamp to amend Resolution 2022-111 Site Plan and Two Conditional Use Permits for the Property Located at 7591 Commerce Street (PID 26-119-23-1 1 -0020) (City File 22-048) and amended within paragraph 16 to include drainage can be maintained and submitted for review. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) 2 MOTION: made by Nichols, seconded by Vehrenkamp to approve Resolution 2022-111 Site Plan and Two Conditional Use Permits for the Property Located at 7591 Commerce Street (PID 26-119-23-11-0020) (City File 22-048) as amended. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) Council discussed previous expansion from 2000 and is where the southern drive aisle was established. Council noted in 2004 the City adopted a new code, and there would be a restriction from 2004 forward, however, as the site was originally planned and implemented there was not a requirement in place in that area. Council noted Planning Commission's recommendation to deny the variance was based on the idea that the landowner created the issue. Council noted the issue was not created by the applicant and would be in favor of an alternative solution approving three variances. MOTION: made by Nichols, seconded by Vehrenkamp approving Resolution 2022-112 Three Variances for the Property Located at 7591 Commerce Street (PI D 26-1 19-23-1 1 -0020) (City File 22-048) Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) Council thanked the Planning Commission for the significant amount of review on this item as well as City staff. b. Water Treatment Final Plat, Site Plan and Variance City Planner Lindahl reviewed the request for the water treatment plant, noted the site plan and three variances for this central service. City Planner Lindahl noted the site plan approval will allow construction of the water treatment plant. City Planner Lindahl reviewed the parking and drive aisle for access to the facility with future roadway extension access to the facility on the southeast corner of the site. City Planner Lindahl noted County comments include an extension to the southeast as an alternate route with access on 116 be eliminated in the future and alternate access provided. City Planner Lindahl reviewed the three variances include a plant material screening of the transformer and generator on the southern part of the site, rather than a 6-foot fence, the second variance request is related to the overhead door that will be visible from County Road 116, and the third variance is for an accessory structure, the wellhouse in the front yard. City Planner Lindahl noted the Planning Commission voted three to one to recommend approval of the site and two variances, but denial of the screening variance for the transformer and generator. City Planner Lindahl noted the landscaping complies with section 1060 of City Code, however, does not comply with the new Northeast District Standard which requires a six-foot wall or fence around heavy equipment. City Planner Lindahl reviewed the overhead door visibility from County Road 116 meets the practical difficulty standards as north, south, and east directions are all residential properties, so facing west towards County Road 116 is the only direction that could comply with the practical difficulty standard. City Planner Lindahl noted the third variance request is for a wellhouse accessory structure in the front yard and is the preferred building of choice due safety and maintenance issues, however code would only allow this type of building in the side or rear yard, and the well itself cannot be shift on this site. City Planner Lindahl reviewed the two roofing alternatives along with the two -cell or three -cell options and noted the Planning Commission's recommendation. Council and staff discussed the overhead door size and alternate options. Council and staff discussed the variance for screening on the generator and which option is better suited for the location of the facility. Council and staff reviewed the functionality and intention with the vegetative screening. Council and staff reviewed fencing and noted gates would be needed allow equipment to access the generator and transformer. Council noted a fence is the preferred screening option for the generator and transformer. MOTION: made by Vehrenkamp, seconded by Nichols approving Resolution 2022-114 Site Plan and Variances and Denying a Variance for the "Corcoran Northeast Water Treatment Plant" Located at 10120 County Road 116 (PI D 12-1 19-23-22-001 0) (City File 22-052). Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 300) c. Fence Ordinance Amendment Planner McKeown reviewed the zoning ordinance amendment proposing changes to some lot definitions and extenders for fences and walls. Planner McKeown noted the verbiage proposed on the city initiated zoning ordinance amendment, stems from discussion on the fence performance standards. Planner McKeown reviewed the proposed ordinance includes three changes to lot related definitions and includes 3 adding definitions for lot frontages and interior lot lines, particularly in the fence standards. Planner McKeown noted the proposed ordinance includes modifying lot width and is separate from the fence performance standards. Planner McKeown noted this modification would allow for lots on a cul de sac to have their lot width measured at the required front setback, which would help with some of the flexibility that PUD districts rely on and strengthen our underlying code. Planner McKeown noted the Planning Commission recommended the updated definition be removed from the ordinance and handled separately, if at all. Planner McKeown reviewed the new verbiage for fences on wall performance standards clarifies when encroachment agreements are required and encourages adequate access for maintenance. Planner McKeown noted a change to the threshold for zoning permits, and noted currently the standard is six feet from the property line to match up with the 254eet from lot frontage requirement, which covers the drainage utility easements as well as easements for trails and sidewalks. Planner McKeown added 10 feet from our interior lot lines or any other drainage and utility ponding easement to cover lots with either a pond or wetland formation. Planner McKeown reviewed updated verbiage would allow fences of up to seven -feet tall and 100 percent opacity to be placed as close as 25 feet to the front property line or the principal structure setback of the underlying district, whichever is less, with an exception for properties with frontage on an arterial road. Planner McKeown noted the Planning Commission did recommend allowing some flexibility for these properties with 100-foot setback, with a reduction to 60-feet with additional landscaping by utilizing a flexibility clause for building setbacks, and a specification that fences cannot interfere with a 30-foot site visibility triangle measured from intersections as well as driveways, the property for the fence, as well as adjacent properties. Planner McKeown reviewed performance standards for fencing regarding swimming pools, spas, and hot tubs and noted the Planning Commission recommended removal of pool performance standards as the standards seem to be duplicative of what is in Minnesota State Statute. Planner McKeown noted including verbiage regarding wall standards for retaining walls specifically along a right-of-way or public trails. Council and staff discussed the lot width definition modification and Planning Commission discussions regarding lot width definitions, goals for strengthening underlying code, and PUD flexibility. Planner McKeown noted if Council approves Ordinance 2022-465, because a summary ordinance requires a 4/5 Council vote, the summary ordinance would be brought back to Council as a Consent Agenda item at the Council meeting on October 10, 2022. MOTION: made by Nichols, seconded by Vehrenkamp to adopt Ordinance 2022-465 Amending the Text of Sections 1020.020 and 1060.080 of the Zoning Ordinance of the Corcoran City Code Related to Lot Definitions and Performance Standards for Fences and Walls (City File 22-033). Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) MOTION: made by Nichols, seconded by Vehrenkamp approving Resolution 2022-113 Findings of Fact for an Ordinance Amending Sections 1020,020 and 1060.080 of the Zoning Ordinance of the Corcoran City Code Related to Lot Definitions and Performance Standards for Fences and Walls (City File 22-033). Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) 9. Unfinished Business Mayor McKee invited residents to communicate in -person or telephonically during the public comment opportunity for Unfinished Business items 9a through 9d. 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 period. a. City Center Drive & 79th Place Mass Grading and Stormwater Improvements Cost Share Agreement City Administrator Beise reviewed the cost share agreement with St. Therese regarding a joint mass grading project at the site owned by St. Therese. City Administrator Beise outlined the agreement includes a city portion supporting 45 percent of the costs with the remaining 55 percent covered by St. Therese. Council and staff discussed the purpose of completing the cost share agreement regarding mass grading in relation to the stormwater ponding. Public Works Director Mattson noted the stormwater pond being discussed would be categorized as a sub -regional pond serving the City of Corcoran's remaining property adjacent to the site and will still impact multiple properties as a benefit as a sub -regional pond. City Administrator Beise reviewed the budget impact and noted the sale of the land to St. Therese covers most of the cost for the project, however there is a gap, and Council discussion tonight will include reviewing conduit bond financing as potential opportunity to fund the gap. MOTION: made by Vehrenkamp, seconded by Nichols approving the cost share agreement with St. Therese as presented. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 300) b. Request for Bond Conduit Financing or Host Approval City Administrator Beise reviewed Council discussion from the meeting on September 8, 2022, and noted at the meeting Council received a request from St. Therese for the City to act as a bond conduit finance option. City Administrator Beise noted another item of discussion included creating a bond conduit policy. City Administrator Beise reviewed items for Council to consider regarding a bond conduit financing policy. City Administrator Beise reviewed the formal request from St. Therese and noted the two options to continue the mechanism for financing of the project. City Administrator Beise noted St. Therese is available for questions. City Administrator Beise reviewed the proposed fee by St. Therese was $50,000. Council staff, and applicant discussed advantages to applicant through bond conduit financing versus a commercial bond. Council discussed adjacent city bond administration fees were in the range of .25 to 1 percent of the value of the bonds, and noted the City should not be higher than adjacent city ranges and commented at a .75 to .9 percent range with the ability to negotiate. Council noted setting bond conduit policy prior to review of the St. Therese request to maintain an objective view of the proposal. Gina Ferrini, of Kennedy and Graven, explained to Council the history of bond conduit financing and noted the financing option has been in place since the 1950s. Ms. Ferrini outlined conduit bonds are bonds where the city issues debt for certain types of public uses that Congress has decided are good uses. Ms. Ferrini explained the in the current request from St. Therese, the City loans the proceeds to a non-profit organization, and this case is St. Therese. Ms. Ferrini continued that St. Therese has the responsibility to repay the debt, and noted Kennedy and Graven's job as Bond Counsel is to protect the city and to conclude provisions in the documents, making it clear that this is a conduit bond issue, and that the city's credit rating isn't impacted. Ms. Ferrini noted St. Therese is the entity that's going to be repaying the debt, and bond conduit financing is a financing mechanism to allow St. Therese to obtain the same interest rates at the City. Council and applicant discussed proposed basis points amounts and budgeted basis point amounts. MOTION: made by McKee, seconded by Nichols, approving Resolutions 2022-115 Calling for a Public Hearing on a Housing Program and the Issuance of Conduit Revenue Bonds Cl" Authorizing the Publication of a Notice of Public Hearing (Saint Therese of Corcoran Project) Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) Council noted including language in the bond conduit policy for .75 as a starting point with ability to negotiate, including an application fee, a fee for refunding or refinancing, adding language for bond denomination requirements and specific credit rating levels. c. City Park Remaster Phase One Recreation Supervisor Christensen Buck presented an update and overview of the City Park project and highlighted Phase One amenities include six pickleball courts, a playground replacement, a splash pad, a bathroom changing area, and a picnic shelter area attached to the splash pad. Recreation Supervisor Christensen Buck noted there are two stormwater management ponds for runoff and wetlands, and 343 bituminous parking stalls. Recreation Supervisor Christensen Buck noted other amenities include a new skate rink, hockey rink, volleyball court replacement, tennis courts replacement, and the addition of a basketball court. Council and staff discussed trails and if trails are bituminous or wood chip, and how much of the trail is included in Phase 1. Council requested communication with Diamond Lake Regional Trail to review potential trails in the park entering from the south and moving around the west side where there is a natural tree forest and circle back around to the north to exit. Council discussed preserving the existing park pavilion shelter. Council noted including awnings or shade features on the playground structure. Council discussed connection stub location along Bass Lake Road and Three Rivers Park regarding future trail. Council discussed a park grant, bonding for park costs, donations, and utilizing gambling funds if applicable for park construction. Council and staff discussed the Park Dedication Fund balance of 5 approximately $2.7 million dollars. Recreation Supervisor Christensen Buck noted the NW Jaycees have donated $100,000 for the splash pad, and the Hamel Athletic Association donated $45,000 as additional funding for the City Park. MOTION: made by McKee, seconded by Nichols Application — Hennepin County Youth Sports Fac Voting Aye: McKee, Nichols, and Vehrenkamp approving Resolution 2022-116 Supporting Grant ility Grant up to $300,000. (Motion carried 3:0) d. Cook Lake Highlands —Utility and Street Construction Status Update City Administrator Beise updated Council on the status of documents received regarding Cook Lake Highlands. City Administrator Beise noted applicant is not anticipating needing an extension past the September 30 deadline. City Administrator Beise noted a report is anticipated from MET Council and the city attorney will review final documents received by City. Council questioned the off -site location of fill that is being hauled along Bechtold Road and discussed resolution for maintenance in spring. Public Works Director Mattson noted documentation has been recorded and if there is an issue, the City will address as necessary, noting at this point it is a hypothetical situation. Mayor McKee called a 5-m1nute recess at 9:36 pm. Council reconvened at 9041 pm. 10. New Business Mayor McKee invited residents to communicate in -person or telephonically during the public comment opportunity for New Business on items 10a through 10e. 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 period. e. Request for Temporary Construction Access Change -Bellwether and Amberly City Administrator Beise noted a request received from Corcoran resident Craig Espelien, who is requesting Council consider a construction access change for later development phases of Bellwether and Amberly. City Administrator Beise reviewed residents' concerns over noise and construction traffic disruption created for current residents of the Bellwether and Amberly developments with the existing construction access location. City Administrator noted when the city final platted the final phase of Bellwether, the road connection linked to Hunters Ridge, and later when the BlairCom piece was added, an additional access to the north of the development was created. City Administrator Beise added the City reviewed the initial construction traffic, and required if the developer utilized Hunters Ridge, the developer would be responsible to complete an overlay of Hunter's Ridge Road. City Administrator Beise noted further Bellwether phases were located to the north with the north access, so the developer did not utilize Hunter's Ridge Road, and was not required to participate financially in an overlay. Craig Espelien, 19251 102nd Place, reviewed resident concerns regarding the single-entry point for construction traffic in the Bellwether development. Mr. Espelien reviewed his discussions with Hennepin County MNDot indicated one single-entry point for construction traffic is a public safety hazard. Mr. Espelien noted the single -point entry from Stieg Road is taking place approximately 1/2 mile into the development. Mr. Espelien reviewed there are 240 occupied, 40 that are in the process of closing, and another 274 homes to be completed that are in the construction traffic pathway. Mr. Espelien noted Saturdays are very high construction traffic days. Mr. Espelien reviewed options for the City to consider creating another construction access point. Mr. Espelien opined the developer would be responsible for the cost as the developer has created the public safety hazard. Mr. Espelien proposed a Hunter's Ridge connection, or a temporary road through a cul-de-sac in the Amberly development on the back side of the Bellwether development or utilizing a temporary road access near the entrance to the Bellwether development. Mr. Espelien noted an existing ordinance Council may consider in determining what is considered an unusual noise related to the construction traffic. Mr. Espelien noted tax revenue from the Bellwether development, the early stages of road infrastructure and maintenance, and opined on the difficulties of living near the construction access point, and mentioned the dump truck engine braking that is also occurring at the stop sign. Mr. Espelien opined on an existing point for construction traffic at Hunter's Ridge Road would reduce 50 percent of the traffic moving past Bellwether residents currently residing at the point of construction traffic. Mr. Espelien reviewed the amount of construction vehicles, the number of construction worker's vehicles, and the lengthy construction hours of operation. Mr. Espelien requested Council contact Pulte's Vice President of Construction Curtis Johnson, to incorporate change of the scheduled work hours, and practices of construction traffic utilizing the roads within the development. Mr. Espelien requested Council to authorize increasing fines for increasing infractions regarding construction traffic and operations. Council reviewed the hours of operation for construction hours, and noted incorporating construction signs on Stieg Road, and noted updating the ordinance to include escalating fines continued infractions. Council and staff discussed options available within the development agreement, utilizing an enforcement clause for construction hours, and limitations on enforcement. Council noted placing the warning signs up and review in a month to see if there is improvement. Council and staff discussed educating construction workers who may not be aware of what the construction hours are, including Pulte Homes as a responsible entity, and recognizing the worker's disadvantage in understanding the developer's construction rules and policies. Council and resident discussed adding speed bumps on Stieg Road to slow traffic down and noted speed bumps would accelerate the noise as the construction traffic when empty would create additional construction noise. Director of Public Safety Gottschalk added speed bumps are not normally recommended on local roadways, and collector roadways would not be advisable, but staff can consult with traffic engineers. Council discussed possible language to include in future development contracts regarding construction traffic. MOTION: made by McKee, seconded by Nichols, to authorize staff to review and implement a construction sign that includes language for construction hours and policies. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) Council discussed creating an ordinance section on engine braking, and discussed changing the behavior in specific areas of the City where more complaints are received. Council noted reviewing construction traffic in the next development and communication by developer, and issue of late or early construction hours and when and where it is happening. Staff noted contact information within development contracts. Council noted review of ordinance and escalating fines for continued infractions. Council and staff discussed radar speed limit signs on collector roads. a. Schedule Work Sessions Mayor McKee called for work sessions October 27, 2022, and November 10, 2022, at 5:30 pm. b. Charter Commission Appointments MOTION: made by Nichols, seconded by Vehrenkamp to reappoint Brian Lother and George Gmach to the Charter Commission with terms expiring October 5, 2026. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) c. Holiday Food and Toy Drive MOTION: made by McKee, seconded by Vehrenkamp to authorize to proceed with planning and seeking donations for the Holiday Toy and Food Drive, scheduled for Wednesday, December 7, 2022. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) d. Canvassing General Election 2022 Mayor McKee called for meeting on November 14, 2022, at 5:00 pm to canvass the November 8, 20227 General Election. 11. Staff Reports a. Active Planning Applications Council received reports. 12.2022 City Council Schedule Council received schedule. 13. Adjournment MOTION: made by Nichols, seconded by Vehrenkamp to adjourn. Voting Aye: McKee, Nichols, and Vehrenkamp (Motion carried 3:0) Meeting adjourned at 10:37 pm on September 22, 2022. Michelle Friedrich — City Clerk E'�