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HomeMy WebLinkAbout2011-03-03 - Council Agenda PacketCITY OF CORCORAN JOINT CITY COUNCIL/ PLANNING COMMISSION/ PARKS & TRAILS COMMISSION MEETING 7:00 PM — Thursday, March 3, 2011 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. New Business a. Introductions i. Background, Interests, City Vision ii. Other Comments b. Roles and Expectations* c. A primer on the Open Meeting Rules and Communication Between Officials* d. Update and Walk- Through of Comp Plan and Ordinance Update Process* e. TIF project Outline* f. 24 Month Calendar g. A Review on the Financial Outlook of the City h. A Project Case Study -Where Does Everyone Fit into the Process 5. Announcements *Literature to review Material relating to these agenda items can be found in the House Agenda Packet, located near the entrance to the Community Room Meeting Area. Agenda Memo -March 3, 2011 To: Mayor and City Council From: Dan Donahue, City Administrator Regarding: Administrator Notes 4) New Business a) Introductions. All of the Commissioners and Council will have an opportunity to introduce themselves and talk a little bit about their background, interests, and maybe their vision for the city. b) Roles and Expectations. This will be an open discussion on the understanding of what are the rules governing the city, the council, and the commissions. For your review, I have included in your packet the ordinances that cover the two Commissions. c) Open Meeting Rules and Communications. I have included some material that may help in clarifying a somewhat challenging subject. We are all governed by rules that in many ways may seem counter - intuitive to good communication between co- workers. However, these rules are meant to assure transparency in dealing with the business of the city and in the end, openness is what our business is all about. See the documents I have provided on the Open Meeting Law and on the Communications Policy of the City. d) Comp Plan and ordinance Updates. All of you have been part of the process to adopt a new Comprehensive Plan and the accompanying ordinance updates. In you packet is a report on a plan adopted by the council to reach a conclusion to the process. e) TIF Project Update. This is one of two major projects that are before the city. The project will have an impact on all of the bodies of the city. I will spend a little time going over the highlights. f) Developing a 24 month Calendar. This item will be a discussion on setting some timelines on completing the major business initiatives before the city over the next two years. g) A Review of the City's Financial Outlook. I will present some material on Thursday about the financial outlook of the city, the cost and financing ideas for the TIF Project, and other pertinent financial issues that might be on the minds of everyone. h) A Project Case Study. City Planner Kendra Lindahl will have a presentation and will lead everyone through a case study of a project. The intent is to have everyone better understand where we all fit into the development process. If anyone has questions prior to this meeting, please contact me. See you Thursday. Page 1 CHAPTER 34: PLANNING COMMISSION 34.10 ESTABLISHMENT OF COMMISSION. The planning commission for the City shall be hereby established. The commission shall be the City planning agency. 34.11 COMPOSITION. The planning commission shall consist of six (6) regular members, two (2) alternate members, and one (1) City Council representative. The City Council representative shall not be a voting member of the Planning Commission. A. All regular and alternate members shall be appointed by the City Council and may be removed by a three -fifths vote of the Council. B. Regular Members - Of the planning commissioners first appointed, two shall be appointed for a one year term, two shall be appointed for a two year term, and two shall be appointed for a three year term. Their successors shall be appointed for terms of three years, Appointees shall hold their offices until their successors shall be appointed and qualified. The City Council shall approve the necessary appointments to the Commission no later than March 31 of each year. Every appointed member shall before entering upon the discharge of his or her duties take an oath that he or she shall faithfully discharge the duties of his or her office. All members shall serve without compensation. C. Alternate Members — Shall be annually appointed. All members shall serve without compensation. D. The City Council may appoint a non - resident to any of the city commissions so long as there is no more than one (1) non - resident on a commission at any time and provided that the individual's non - residence status is determined to be temporary. E. A quorum shall consist of any combination of four (4) regular and/or alternate members. The City Council representative shall not count towards a quorum of members. Title III: 34 -1 k 34.12 ORGANIZATION; MEETINGS. A. The commission shall elect a chairperson from among its appointed members for a term of one year; and the commission may create and till such other offices as it may determine. B. The commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. Expenditures of the commission shall be within amounts appropriated for the purpose by the City Council. The commission shall submit to the City Council a monthly report of its work during the preceding month. 34.13 POWERS AND DUTIES OF THE COMMISSION. The planning commission shall be the planning agency and shall have the powers and duties given such agencies generally by Minnesota Statutes § 462.351 - 462.364. It shall also exercise the duties conferred upon it by this Section. 34.14 ZONING ORDINANCES; PUBLIC HEARINGS. No zoning ordinances or amendments thereto shall be adopted by the Council until a public hearing has been held thereon by the planning commission upon notice as provided in Minnesota Statutes § 462.357, Subdivision 3. 34.15 PLATS; APPROVAL. Any plat of land submitted to the Council for approval shall be referred to the planning commission for review and recommendation. 34.16 BOARD OF APPEALS AND ADJUSTMENTS. The planning commission shall serve as the Board of Appeals and Adjustments for the City. The decisions of the Board on matters within its jurisdiction shall be advisory to the Council. Following the hearing, the Board shall make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. The Board shall at the same time submit a copy of its decision to the Council, which shall have final authority to approve, reject, or modify the decision of the Board. (Ord. 193, passed 05- 13 -04, Ord.217, passed 04- 14 -05) Title 111: 34 -2 CHAPTER 36: PARKS AND TRAILS COMMISSION -s. P 36.10 ESTABLISHMENT OF THE COMMISSION. The Parks and Trails Commission for the City shall be hereby established. 36.11 COMPOSITION. The Parks and Trails Commission shall consist of nine (9) regular members, and three (3) alternate members that shall be appointed in the manner set forth in this subsection. In addition, one (1) City Council member shall act as a liaison to the Commission. The liaison shall attend meetings of the Parks and Trails Commission and act as a mode of communication between the Parks and Trails Commission and the City Council. The Liaison shall have no vote on the Commission. A. All members shall be appointed by the City Council and may be removed by a three - fifths vote of the Council. B. Regular Members — Members of the Commission are appointed by the City Council for staggered three -year terms. Of the Parks and Trails commissioners first appointed, three shall be appointed for a one year term, three shall be appointed for a two year term, and three shall be appointed for a three year term. Successors shall be appointed for terms of three years, Appointees shall hold their offices until their successors are appointed and t' qualified. The City Council shall approve the necessary appointments to the Commission no later than March 31 of each year. Before entering upon the discharge of his or her duties, every appointed member shall take an oath that he or she shall faithfully discharge the duties of his or her office. All members shall serve without compensation. C. Alternate Members — Shall be annually appointed. All members shall serve without compensation. D. The city council may appoint a non - resident to any of the city commissions so long as there is no more than one (1) non - resident on a commission at any time and provided that the individual's non- residence status is determined to be temporary. E. A quorum shall consist of any combination of five (5) regular and /or alternate members. The City Council liaison shall not count towards a quorum of the members. Title Ill: 36 -1 36.12 ORGANIZATION; MEETINGS. A. The commission shall elect a chairperson from among its appointed members, for a term of one year; and the commission may create and fill such other offices as it may determine. B. All regular members of the Commission, including the Chairperson, may vote on any questions before the Commission, except that no member of the Commission shall partake in any discussion on or vote upon any question in which he or she is directly or indirectly interested. C. The commission shall adopt rules for the transaction of business, with the approval of the Council, and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. Expenditures of the commission shall be within amounts appropriated for the purpose by the City Council. D. The Commission shall determine the date and time of meetings and shall set such public hearings as are necessary and desirable, or required by law, or this Code. 36.13 POWERS AND DUTIES OF THE COMMISSION. The Parks and Trails Commission shall have the powers and duties allowed under the City Charter and State law, including: A. To hold meetings of its members, to consider such matters pertaining to parks and trails in the City as shall be referred to the Commission by the Council, or as the members of the Commission themselves deem proper. B. To prepare a corn rep _pensive plan for future development of the City parks and trails system, to be submitted to the City Council for implementation, and to maintain said plan, and recommend amendments of the plan to the City Council, as may become necessary or desirable. C. To act in an advisory capacity to the Council on all matters pertaining to a parks and trails system in the City. All pertinent contracts of purchase, sale, employment, use and management shall be made by the City through the City Council upon advice thereof from the Parks and Trails Commission. 36.14 REPORTS. The Commission shall make an annual written report to the City Council, not later than the last dam of February_ of each calendar year, containing the Commission's recommendations f6i the ensuing year, and also a summary of activities in the prior year. (Ord. No. 195, passed 05- 13 -04, Ord.219, passed 04- 14 -05) Title 111: 36 -2 9f. CITY OF CORCORAN ORDINANCE 2011 -255 Motion By: Seconded By: AN ORDINANCE AMENDING TITLE III (ADMINISTRATION) OF THE CITY CODE TO MODIFY THE COMPOSITION OF THE PARKS AND TRAILS COMMISSION (SECTION 36.11). THE CITY OF CORCORAN ORDAINS: Section 1. Amendment of the City Code. Title III of the City Code of the City of Corcoran, Minnesota, is hereby amended as follows, based on the findings in Resolution 2008 -13: 36.11 COMPOSITION. The Parks and Trails Commission shall consist of nine (9) regular members, three (3) alternate members and up to two (2) student members that shall be appointed in the manner set forth in this subsection. In addition, one (1) City Council member shall act as a liaison to the Commission. The liaison shall attend meetings of the Parks and Trails Commission and act as a mode of communication between the Parks and Trails Commission and the City Council. The Liaison shall have no vote on the Commission. A. All members shall be appointed by the City Council and may be removed by a three - fifths (3/5) vote of the Council. B. Regular Members — Members of the Commission are appointed by the City Council for staggered three -year terms. Of the Parks and Trails commissioners first appointed, three shall be appointed for a one year term, three shall be appointed for a two year term, and three shall be appointed for a three year term. Successors shall be appointed for terms of three years, Appointees shall hold their offices until their successors are appointed and qualified. The City Council shall approve the necessary appointments to the Commission no later than March 31 of each year. Before entering upon the discharge of his or her duties, every appointed member shall take an oath that he or she shall faithfully discharge the duties of his or her office. All members shall serve without compensation. C. Alternate Members — Shall be annually appointed. All members shall serve without compensation. D. Student Members — Shall be annually appointed at the pleasure of the council. Student members shall have no voting or office responsibility. All members shall serve without compensation. E. The city council may appoint a non - resident to any of the city commissions so long as there is no more than one (1) non - resident on a commission at any time and provided that the individual's non - residence status is determined to be temporary. Ordinance 2009 2502011 -255 Page 2 F. A quorum shall consist of any combination of five (5) regular and /or alternate members. The City Council liaison and student members shall not count towards a quorum of the members. Section 2. Effec+ %e. This amendment shall take effect upon itspassage and publication. ADOPTED by the City Council the 22"" day of QGtobo,- 20 ►4 Guenthner, Ken ►4A *1 ►4 _ ire ►� , , e Asleson, Rich n -e VOTING AVF, VOTING NAV n Guenthner, Ken n aw I - Mr., - - - n Asleson, Rich n Cossette, Tom VOTING NAV n Guenthner, Ken n Guenthner, Ken R Asleson, Rich n Asleson, Rich n Cossette, Tom n Cossette, Tom R Gmach, George n Gmach, George n Milbrandt, Rosalyn F] Milbrandt, Rosa ATTEST: Daniel 1 Donahue, City AdminiStFater Jeanie Heinecke - Clerk lyn Ken Guenthner, Mayor City Seal I CHAPTER 7 Minn. stat. §§ 204C.03. Minnesota election law provides that meetings are prohibited between 202A.19. 6 p.m. and 8 p.m. on any election day, including a local general or special election. Thus, if a school district is holding a special election on a particular day, no other unit of government totally or partially within the school district may hold a meeting between 6 p.m. and 8 p.m. Meetings are also prohibited after 6 p.m. on the day of a major political precinct caucus. 11. Meeting procedures A. Quorum Minn. Stat. § 412.191, subd. 1. To transact city business in a statutory city, state law requires a quorum (majority) of the councilmembers be present. This minimum may include, but does not have to include the mayor, or, in Standard Plan cities, the clerk. Charter cities, however, may provide that a different number of councilmembers constitutes a quorum. Minn. star. § 645.08(5). For most other public bodies, a majority of its qualified members constitutes a quorum. B. Open meeting law 1. Purpose of the open meeting law St. Clozd Newspapers, Inc. v. The open meeting law requires that meetings of public bodies must Dist. 742 Community 332 N.W.2d I (Minn, 1483). generally be open to the public. It serves three vital purposes: HANDBOOK FOR MINNESOTA CITIES • Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences. • Ensures the public's right to be informed. • Gives the public an opportunity to present its views. This chapter last revised 12/2008 7:9 CHAPTER 7 :Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, Dec. .9-98-68) done to avoid open-meeting-law re uirements. This decision was also {Minn. Ci. App. De 15, 1998) R (unpublished opinion). appealed, and the court of appeals, in a 1998 unpublished decision, affirmed the district court's decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 7:10 This chapter last revised 12/2008 LEAGUE OF MINNESOTA CITIES 2. Groups governed by the open meeting law Minn. Stat. §§ 1313.01, subd. l; Under the Minnesota open meeting law, all city council meetings and 465.719, sued. 9. executive sessions must be open to the public, with only a few exceptions. Po3 verAgency v. Boyne. 573a1 The open meeting law also requires meetings of any committee, N.w 2d 362 (Minn. 1998). subcommittee, board, department or commission of a public body to be open to the public. The governing bodies of local public pension plans, housing -and redevelopment authorities; economic development authorities," and city- created corporations are subject to the open meeting law. The Minnesota Supreme Court has held, however, that the governing body of a municipal power agency, created under Minn. Stat. §§ 453.51- 453.62, is not subject to the open meeting law because the Legislature granted these agencies authority to conduct their affairs as private corporations. 3. Gatherings governed by the open meeting law Moberg v. Indep. Soh. Dist. No. The open meeting law does not define the term "meeting." The Minnesota 281,336 N.W.2d 510 (Minn. 1983); St. Cloud NeivspVers Supreme Court, however, has ruled that under the open meeting law, Inc. v. Dist. 742 Community meetings are gatherings where a quorum or more of the council or other Schools, 332 r1.w.2d 1 (Minn. governing body or of a committee, board, department or commission of the 1983). city council or other governing body are present, and at which the members intentionally discuss, decide or receive information as a group on issues relating to the official business of that body. As a result, the open meeting law does not generally apply in situations where less than a quorum of the council is involved. However, serial meetings in groups of less than a quorum that are held in order to avoid the requirements of the open meeting law may be found to violate the law, depending on the specific facts. a. Interviews Mankato Free Press v. City of A 1997 Minnesota Court of Appeals' decision considered a situation where North Mankato, 563 N.W.2d ,9t (Minn, cc_ App. 1897). individual councilmembers conducted separate interviews of candidates for a city position. The district court found that no "meeting" of the council had occurred because there was never a quorum of the council present during the interviews. The court of appeals sent the decision back to the district court for a determination of whether the councilmembers had conducted the interview process in a serial fashion to avoid the requirements of the open meeting law. :Mankato Free Press v. City of On remand, the district court found that the individual interviews were not North Mankato, Dec. .9-98-68) done to avoid open-meeting-law re uirements. This decision was also {Minn. Ci. App. De 15, 1998) R (unpublished opinion). appealed, and the court of appeals, in a 1998 unpublished decision, affirmed the district court's decision. Cities that want to use this type of interview process with job applicants should first consult their city attorney. 7:10 This chapter last revised 12/2008 LEAGUE OF MINNESOTA CITIES CHAPTER 7 1 S C. Technology Moberg v. lndep. Sch. Dist. No. b, Informational meetings St. Cloud Newspapers. Inc. v. The Minnesota Supreme Court has held that informational seminars about Dist. 741 Community schools, N.W.2d 1 (Minn. 1983). 33.. school -board business, which the entire board attends, must be noticed and Memo Meetings of City open to the public. As a result, it appears that any scheduled gatherings of a Councils, , May 2004 for more quorum of a public body must have proper notice and be open, whether or information. not the public body takes or contemplates taking action. This includes meetings where members receive information that may influence later decisions, but excludes chance or social gatherings. A quorum of members of a public body, however, cannot discuss or receive information on official business in any setting under the guise of a private social gathering. Thuma Y. xroschel. 506 N.W.2d Under certain circumstances, it may be possible for a quorum of the city 14 (Minn. Ct. App. 1993). council to attend a meeting of another public body without violating the A.G. Op. 63a -5 (Aug. 28, 1996). open meeting law even though notice of a special council meeting is not provided. For example, when persons constituting a quorum of a city council attended a meeting of the city's planning commission, the Minnesota Court of Appeals ruled there was a violation of the open meeting law —not because of the councilmembers' attendance at the meeting —but because the councilmembers conducted public business in conjunction with that meeting. Based on this decision, the attorney general has advised that mere attendance by additional councilmembers at a meeting of a council committee, held in compliance with the open meeting law, would not constitute a special council meeting requiring separate notice. The attorney general advised, however, that the additional councilmembers should not participate in committee discussions or deliberations absent a separate notice. Compare St. Cloud Newspapers, It is not clear whether the participation of a city council in a training Inc. v. Dist. 742 Community Schools, 332 N.W.2d l (Minn. program sponsored by the League of Minnesota Cities to develop various 19 93) with A.G. Op. 63a -5 skills would be defined as a meeting under the open meeting law. The (Feb. 5, 1975). determining factor may be whether or not the program includes discussions of specific matters relating to an individual city's business. C. Technology Moberg v. lndep. Sch. Dist. No. It is not entirely clear how the open meeting law applies to technology, 281, e (Minn. such as e-mail or telephone calls. Although the law does not specifically Y 1983); S e LMC Info rmation Memo Meetings of City address the use of e-mail and other technology, it is possible that any form Councils, , May 2004 for more of communication between councilmembers or members of other public information. bodies could violate the open meeting law under certain circumstances. Electronic Communications As a result, city councils and other public bodies should not use e-mail, Benveen Cotuncilmembers, telephone calls and other technology to communicate back and forth with LMCIT Information Memo. p other members of the public body when both of the following circumstances exist: • When a quorum of the council or public body will be contacted regarding the same matter. + When city businesses is being discussed. HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/2008 7:11 CHAPTER 7 4. Open meeting exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that do exist are carefully limited to avoid abuse. Minn. Stat. § 13D.05, subd. t(d) All closed meetings, except those closed as permitted by the attorney - client privilege, must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat §§ 13D.01, subd. 3; Before closing a meeting under any of the following exceptions, the public 13DA4, sand. s; See The Free Press v. Coramy ofDlue Earth, body ust state on the record the specific rounds that permit the meeting Y > P g p g 677 N.w.2d 471 (Minn. Ct. to be closed and describe the subject to be discussed. The same notice App. 2004) (holding that the requirements that apply to open meetings also apply to closed meetings. county's statement that it was closing a meeting under the attomey- client privilege to discuss "pending litigation" did not satisfy the requirement of describing the subject to be discussed at the closed meeting). a. Labor negotiations Minn. Stat. § 13D.03, subd. 1 The city council may, by majority vote in a public meeting, decide to hold a (b), closed meeting to consider its strategy for labor negotiations, including negotiation strategies or developments, or discussion of labor - negotiation proposals. The council must announce the time and place of the closed meeting at the public meeting. Minn. Stet. § 13D.03, subds 1 After the closed meeting, a written record of all members of the city (d). 2, council and all other people present must be available to the public. The council must tape - record the proceedings at city expense, and preserve the tape for two years after signing the contract. The tape - recording must be available to the public after all labor contracts are signed for the current budget period. Minn. Stat § 13D.03, subd. 3. if someone claims the council conducted public business other than labor negotiations at the closed meeting, a court must privately review the recording of the meeting. if the court finds the law was not violated, the action must be dismissed and the recording sealed and preserved. if the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders requested by either party and deemed appropriate by the court. b. Not - public data Minn. Stat. § .13D.05, subd. 2. The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if certain not - public data is discussed. For example, any portion of a meeting must be closed if expressly required by law or if any of the following types of not- public data are discussed: 7.12 This chapter last revised 12/2008 LEAGUE OF MINNESOTA CITIES ADMINISTRATOR'S REPORT Agenda Item No. 11b. Council Meeting: February 24, 2011 Prepared By: Dan Donahue, Administrator Topic: Ordinance Update Process Action Required: Direction Policy: Budget Impact: Summary: I have been working with the City Planner Kendra Lindahl to develop a plan for moving forward on completing the 2030 Comp Plan and the accompanying required amendments to the city's Zoning Codes. I am attempting to set the: • Calendar to complete this whole process • Identify and categorize what must be done and what should be done at a later time. I will leave the setting of priority within these two categories to the city council • Keep the approved budget to complete these activities before you at all time I have been hindered over the past year to provide greater clarity to this process due to the conditions and restraints imposed by a duel planning process, a duel grant process, layered requirements by the grant making bodies, and the state requirements for completing the Comprehensive Plan for the city. I hope what I have worked out to clear away the clutter meets with your approval. I think the first thing we have to do is put this completion process coordination under one person -the City Planner Kendra Lindahl. I think we have reached the point were the work product produced by Bonestroo Consultant Tina Goodroad is adequate to the point that Ms. Lindahl and myself can take it and complete. Recommended Zoning Ordinance Calendar Update Process 1. March 3rd: Joint PC /CC meeting (7:00 — 7:30 present ordinance update process) 2. April 7t" Planning Commission meeting. Present full draft of revised ordinance. Administrator's Report— February 24, 2011 Council Meeting Page 2 3. May 5th Planning Commission meeting. Present a final draft of the zoning ordinance and zoning map based on feedback from the April meeting. We would expect to have the draft approved for a public hearing. 4. OPTIONAL May 19th Open House. Present draft ordinance and map to the public in advance of the public hearing. 5. June 2 n Planning Commission meeting. Public Hearing on the zoning ordinance update and zoning map. The planning commission will take public comments and make a recommendation to the City Council. 6. June 23rd City Council meeting. Adopt the zoning ordinance and zoning map as recommended by the Planning Commission. a. The ordinance will take effect upon Council action, but will need to be published in the Official newspaper. Categorization of Ordinances into Must Do Now and Future 1. To be completed by June 30, 2011 a. New zoning districts and district standards to be consistent with the 2030 Comprehensive Plan i. OPTIONS: The draft includes residential and commercial district performance standards. The City can: 1. Adopt with performance standards (as shown in the current draft) 2. Adopt without performance standards 3. Adopt without performance standards but keep Appendix A (Design Guidelines) b. Revised Accessory Building Standards i. There seemed to be general consensus from the PC and CC on the desired changes. ii. This is an issue that is raised repeatedly by the public. c. Adopt new zoning map i. Keep Holding Zone 1. This is what we have now. Rather than a protracted discussion of the pros and cons of the different options, this will simply continue the existing condition until such time as the City has time to review in detail. 2. Keep the Holding Zone district standards as currently drafted and revise later when the City has time and budget for additional analysis. d. Performance Standards. This section should at least have minimum updates to ensure consistency with accessory building section. Staff believes a complete overhaul is necessary, but proposes to make minimal changes needed to eliminate conflicts and save comprehensive changes for next year. e. Growth Management Ordinance. This may simply be updates to the premature subdivision ordinance, but will note the need to keep balance between residential and commercial development. Administrator's Report— February 24, 2011 Council Meeting Page 3 f. Ordinance clean up items: i. Inconsistencies in different districts regarding essential services (they are currently listed as both a permitted use and an administrative permit) ii. Clarify how setbacks are measured from existing public streets that are not within a public right -of -way (like Lion's Parks adjacent to CR 101). iii. Update definitions in Zoning Ordinance to reflect new uses and definitions for phrases that have raised questions in the past. iv. Greenhouse language is inconsistent across district and should be corrected. v. Clarify commercial kennels as a primary uses vs. as a home occupation. vi. Seasonal outdoor sales standards should be made consistent across districts g. Revision to Open Space Preservation Plat Standards /Greenway Corridor. This technically is not required at this time but given the importance the city has placed on completion of this specific process, I have placed it in the Must Do list. 2) Not on the Must Do List but To Be Completed after July 1, 2011 with Dates to Be Set Later. The following items were indentified in the Comprehensive Plan as implementation tasks; or by the City Staff, Commissioners, or Council Members as needed updates, but are they are not required to be updated at this time. These items can be delayed until there is city time and budget to make changes: a) Update Development Rights Map i) This should be done on a regular basis, but the development right are reviewed and confirmed by staff when development is proposed. Staff recommends that this map be updated when budget is available for the research and analysis needed to complete the task. b) Updates to the Subdivision Ordinance i) Staff has identified several clean up items that should be adopted in the Subdivision Regulations, but these items can wait for the annual December clean up. ii) Staff would like to propose more comprehensive changes (such as a minor subdivision process that would reduce costs and simplify the process for residents that are doing a 2 or 3 lot subdivision), but these are not urgent issues and can wait until the budget allows. c) Eco System Management. As I understand it, this is an issue that was raised as part of the comprehensive planning process, but there is no statutory requirement that must be addressed immediately. This is a significant exercise and will require a commitment from staff, commissioners and Council. d) Sign Ordinance (Chapter 84). We will need to update the sign ordinance to reflect the new districts, be consistent with the zoning ordinance intent and clean up some confusing elements. However, sign ordinances are an enormous undertaking in most cities and we recommend delaying action on this time. Administrator's Report— February 24, 2011 Council Meeting Page 4 e) Non - conformity section. This section should be reviewed and revised to ensure that the city is phasing out non - conformities while allowing basic maintenance. The current ordinance may be too flexible and makes it difficult for the city to phase out non - conformities. This is not an issue that comes up very often, so this is one area that could be delayed until budget allows. f) Performance standards. This is one of the most important sections of the ordinance because it defines how development will look (building materials, landscaping, parking, etc). This section should be reviewed and updated, but if the building materials section is updated as proposed by staff, then we believe the remainder can be delayed until next year. g) Park Dedication Ordinance. This was identified as a priority from the Parks Commission. This is part of the subdivision ordinance and should be worked on with the City planner. There is no statutory requirement that this be updated this year, therefore, we recommend delaying action until time and budget allow. h) Home Occupations. The council has expressed some desire to examine the way we process home occupations. We believe that given the few home occupations that we see annually, this ordinance update can wait until time and budget allow. i) Misc. updates. I recommend budgeting for an annual ordinance update to keep the ordinance current after the major changes. Budget to Complete the Calendar and the Must Do List In this process (beginning in 2010) of completing both the Comp Plan and the ordinance updates, we have encumbered expenses of: Provider Expenses Bonestroo -DNR Grant $18,944.76 Bonestroo -CGO $19,043.50 Landform $4.028.84 TKDA $0 Total $42,017.10 The original budget was $50,700 in revenues. I know there are expenses from Bonestroo yet to be invoiced to the city. As Ms. Goodroad is not available this past week, I will have to update the council at the council meeting as to the up to date cost of Bonestroo in this process. I will also have to estimate expenses to complete the editing, formatting, and binding of the Comp Plan document by Bonestroo. The city will receive an additional $10,000 from the Met Council once the 2030 Comp Plan is finalized and they receive the city's resolution approving the plan. To accomplish the above plan to both complete the Comp Plan itself and to complete the "Must Do" ordinance updates, my estimate is $5- 7,000. Next week after I talk to Ms. Goodroad, will have a complete budget plan to show you at the council meeting. Administrator's Report— February 24, 2011 Council Meeting Page 5 Summary The City is required by State Statute to update its zoning ordinance to reflect the new comprehensive plan. I believe that the bulk of the work for the minimal required updates has been completed by Bonestroo already and could be adopted by the City with no additional City Council meetings (other than what is stated above) and minimal impact to the adopted 2011 Budget. Delaying action on adoption of these minimum ordinance updates would be inconsistent with State Statute and would likely cost additional time and money to revisit the issues again next year when circumstances and stakeholders may change. Therefore, I recommend this simplified plan for the Zoning Ordinance updates. MEMORANDUM DATE February 14, 2011 TO Dan Donahue cc FROM Kendra Lindahl RE Zoning Ordinance Update Process L A N D F From Site to Finish 105 South Fifth Avenue Suite 513 Minneapolis, MN 55401 O R M • • • Tel: 612 - 252 -9070 Fax: 612 - 252 -9077 www.landform.net The city should follow the points below to complete the statutory requirements for the Comprehensive Plan update. • Cities are required to review and update their comprehensive plans at least once every 10 years, and the Metropolitan Council is required to review the updated plan. The current round of updates was launched with the release of the system statements on September 12, 2005. These updates were due in 2008, three years from the date the system statement was received. The City of Corcoran Comprehensive Plan was reviewed by the Metropolitan Council and was found to be compliance with regional plans. The City of Corcoran must now officially adopt the Comprehensive Plan. It is my understanding that the Plan is being finalized and will be ready for adoption in April 2011. • If local zoning ordinances or other official controls conflict with a community's comprehensive plan as the result of an update or amendment to the plan, the official controls must be amended by the community within 9 months following the update or amendment to ensure the official controls do not conflict with the comprehensive plan. Local governmental units must adopt official controls as described in their adopted comprehensive plans and must submit copies of the official controls to the Council within 30 days following adoption, for informational purposes. (MN Stat. 473.864, Subd. 1) • If we adopt the Comprehensive Plan in April 2011, we are required by statute to adopt our official controls to implement the plan within 9 months (by January 2012). 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