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HomeMy WebLinkAbout2024-04-11 Council MinutesAm City of Corcoran City Council Minutes N April 11, 2024-7:00 pm CORCC�RA 1 The (.or _ I coran City Council met on April 111 20247 in Corcoran, Minnesota. The City Council meeting was held in person and the public was present in person and remotely hrough electronic means using the audio and video conferencing platform Zoom. Mayor McKee, Councilor Bottema, Councilor Nichols, Councilor Schultz, and Councilor Vehrenkamp were present. City Administrator Tobin, City Clerk Friedrich, and Public Works Director Mattson were present. '1. Call to Order/Roll Call Mayor McKee called the meeting to order at 7:00 pm. 2. Pledge of Allegiance Mayor McKee invited all in attendance to rise and join in the Pledge of Allegiance. 3. Agenda Approval City Administrator Tobin noted addition of minutes to item 7a March 28, 2024 Draft Regular Council Minutes; an amended conditional to 7e Stieg Road Improvements — Bid Award; addition of minutes to item IN 71 April 13, 2023 Draft Work Session Minutes; addition of a resolution to 71 Ducks Unlimited Charitable The Stanchion; added minutes to item 7m April 4, 2024 Draft Special Meeting Council Gambling Permit Minutes; a revised ordinance amendment and application to item 9a Organics Recycling Requirements; a revision to item 9c Water Tower Logo; a letter of resignation to item 10d City Council Resignation and Declaration of Vacancy; tabling of resolution for Councilor Schultz to April 25 to item 10d City Council Resignation and Declaration of Vacancy; removing Closed Session item 14a1 Stieg Road Improvements and adding Closed Session item 14a2 City Center Improvements; tabling item 7j Draft April 13, 2023 IN Regular Council Minutes to the April 25 Council meeting; MOTION: made by Nichols, seconded by Schultz to approve the agenda as modified. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries 5:0) 4. Commission Representatives Mayor McKee noted Planning Commissioner Cozicky and Parks and Trails Commissioner Schmidt were present. vjer4i X=N1111L III nel-111INH tie 10AInki) Ilk McKee invited residents to communicate in -person during Open Forum for items not included on the aaenda. Citv Administrator Tobin explained the i nstructions to participate in the public comment opportunity. Secora641Elm Streetlic call dthe Zoom t De 0 , opined on removing pubcomment -in uring meeting forma, , commented on the K9 program, and noted support of the program, extended an offer to purchase a solar speed sign to assist with traffic control at the Hackamore and Snyder, opined on firearms ordinance and illegal hunting, and provided general comment on each item. MOTION: made by Bottema, seconded by McKee to extend Ms. Secora's open forum time. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries 5:0) Council noted asub-committee is working on an amendment to the firearms ordinance. Presentations/Recognitions a. Maria's Voice Alyssa Lionel, co-founder of Maria's Voice, and Program Manager Angie Bottema, presented a domestic violence primary prevention education with the City of Corcoran and the program free of charge through a grant for the City. Ms. Lionel presented Maria's Voice mission, vision, values, and long-term vision to end domestic violence. Ms. Bottema reviewed components of program and includes training and education webinars, along with other resources for staff. Ms. Bottema noted the program cost is covered by a grant and would be an additional component to the workplace culture of health and wellness. Council received presentation and thanked Ms. Lionel and Ms. Bottema for their time. Council directed staff to reach out to Angie Bottema regarding the program. 7. Consent Agenda a. March 28, 2024 DRAFT Regular Council Minutes b. Financial Claims April 11, 2024 c. Resolution 2024-32 Opposing Ho d. use and Senate Bills —Local Authority Water Treatment Plant — Pay Request 11 Stieg Road Improvements — Bid Award Resolution 2024-27 Woodland Hills Variance Resolution 2024-30 NW Area Jaycees Tree Donation Resolution 2024-31 — App April 13, 2023 DRAFT Work R o inting Building Servi ces Session Minutes j. Tabled: April 13, 2023 DRAFT Regular Council Minutes k. Conference Room Audio/Video Cameras I. Ducks Unlimited Gambling Permit — The Stanchion m. April 4, 2024 DRAFT Special Meeting Council Minutes n. Correction of Administrative Error in Job Grade Council requested item 7e and 7g be pulled for further discussion. MOTION: made by Nichols, seconded by Schultz to approve consent agenda items 7a-d, f, 7h-1, and 7k-n, as presented. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) Public Works Director Mattson noted language modification within the agreement included an additional conditional approval regarding the geotechnical contractor section and related to indemnification and liability. MOTION: made by McKee, seconded by Nichols to approve, and authorize the city attorney to make additional conditional approval contract language modification within the geotechnical contractor section on item 7e Stieg Road Improvements — Bid Award. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) Council thanked the NW Area Jaycees for their annual tree donation. MOTION: made by Schultz, seconded by Vehrenkamp accepting Resolution 2024-30 NW Area Jaycees Tree Donation and thanked the NW Area Jaycees for the financial donation. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) 8. Planning Business 9. Unfinished Business -- Public Comment Opportunity Mayor McKee invited residents to communicate in -person during the public comment opportunity for items 9b-c. City Administrator Tobin explained the instructions to participate in the public comment opportunity. No residents participated in the public comment opportunity. a. Public Hearing: Organics Recycling Requirements Mayor McKee opened the public hearing. City Administrator Tobin noted updates to organics recycling include an ordinance amendment and a revision to the licensing application. MOTION: made by Nichols, seconded by Schultz to close public hearing. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries. 5:0) Council reviewed options for organics recycling and directed staff to request bids for an organic's container at City Hall and authorize staff to utilize lowest bid and proceed with establishing a citywide organics container located at the north end of City Hall. 2 MOTION: made by McKee, seconded by Bottema to approve Ordinance 2024-520 Amending Chapter 117 of City Code Solid Waste Collection. Council provided staff direction as stated in organics discussion. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) MOTION: made by McKee, seconded by Bottema to approve Ordinance 2024-521 Summary of Ordinance 2024-520 for publication Amending Chapter 117 of City Code Solid Waste Collection. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) Council and staff discussed utilizing organic composting bags for residents to utilize for the new organics program and staff will review grant funding to determine if composting bags can be offered to residents. Staff will bring back a staff report with updates. b. ALPR Camera Discussion Director of Public Safety Gottschalk reviewed previous discussion regarding the ALPR cameras, impact to community, and improvement of safety. Detective Spellacy addressed previous questions and noted a draft policy for the ALPR camera system. Council noted concern of leaked information and discussed impingement of privacy of all residents with vehicles license plates being tracked within the City. Council noted the ALPR cameras would not be necessary if we lived in a zero -crime environment. Council discussed the importance of weighing the impact of privacy against the potential benefit to residents who could be victimized by a crime that could have been prevented through detection of stolen vehicles in our community with the cameras. Council noted the 30-day retention period of the camera images with images only of the license plates. Council reviewed the many different camera types already in place within communities and neighborhoods. Council discussed the process regarding identification of the license plates and misreads of the license plates by the cameras, the legal component of the cameras, and sharing images with other local authorities. Director of Public Safety Gottschalk noted the cameras act as a force multiplier, reviewed data access with other agencies for criminal investigations, and noted officers already receive the same license plate information if they run the plate. Council and staff discussed the real-time notification to squad cars is 20 to 30 seconds. Director of Public Safety Gottschalk reviewed the grant funding available for the cameras is two years and if the city decides the cameras do no impact community safety, the city can terminate the lease on the cameras. Director of Public Safety Gottschalk noted the camera lease includes maintenance and replacement is $3,000 per year. Mark Lanterman, 6936 Oak Ridge Road, opined on the ALPR cameras and noted the police department needs the most current tools to do their jobs, but accuracy concerns with the cameras need to be discussed by Council. Mr. Lanterman noted lawsuits where FLOCK and cities were sued regarding inaccurate license plate numbers captured and false stops by police departments. Mr. Lanterman does not support the vendor choice for the ALPR cameras. Mr. Lanterman noted including a police department policy requiring an officer to visually verify the license plate number has been captured accurately by the camera. Mr. Lanterman noted the indemnification clause within the contract is not strong enough to remove the city from blame if FLOCK gives a false alert because of a misread or mis-captured license plate image. Mr. Lanterman noted removal of the word practicable as it implies less than visually verifying the license plate and not relaying completely on what the camera image provides. Mr. Lanterman noted the exemplary service the Corcoran Police Department provides. Council and staff reviewed a case of an erroneous image retrieved by a FLOCK camera. It was noted in the discussion was concern that FLOCK indicated responsibility was with the police department and not the camera. Council and staff discussed implementing a policy to include visually verifying the license plate by an officer while utilizing the camera image. Council and staff discussed the current documented procedure for police officer stops. MOTION: made by Schultz, to approve as proposed and direct staff to direct staff to move forward with deployment of Flock Safety ALPRs. Motion fails for lack of second. Mayor McKee noted a friendly amendment to approve as proposed and direct staff to move forward with deployment of FLOCK Safety ALPRs, utilizing 9 cameras as proposed, and add language within the current documented procedure for police officer stops to include visually verifying the license plate after receiving image from the FLOCK camera. Councilor member Bottema requested the motions be two separate motions. Councilor member Schultz withdrew his original Motion. MOTION: made by Schultz, seconded by McKee to approve as proposed and direct staff to move forward with deployment of 9 (nine) Flock Safety ALPRs. Director of Public Safety Gottschalk noted there was a language change in the exhibit with FLOCK, and noted FLOCK had listed Hamel instead of Corcoran, and that language change was requested. Voting Aye: McKee, Schultz, Vehrenkamp, and Nichols Nay: Bottema (Motion carries: 401) MOTION: made by McKee, seconded by Schultz, directing staff to draft language to include visually verifying the license plate after receiving image from the FLOCK camera within the current documented procedure for police officer stops. Voting Aye: McKee, Schultz, Bottema, Ve (Motion carries: 5:0) hrenkamp and Nichols , Councilor Bottema requested an item be ad ded to the agenda for Council discussion. MOTION: made by McKee to amend the agenda and add Councilor Bottema's item as item 12a under Council Reports. Motion fails for lack of second. c Water Tower Logo City Administrator Tobin reviewed past discussions on March 28 regarding the water tower logo and noted the amended pricing for the color logos. City Administrator Tobin submitted additional photos of water towers with color logos. MOTION: made by Schultz, seconded by Nichols to approve two color logos with white paint on tower with southwest facing and a southeast facing color logos to provide visibility from east/west bound traffic on County Road 30 and northbound traffic on County Road 116 for a total cost of $28,000. Council noted the additional $3,000 cost above the estimated budget of $25,000 for the color logos. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries. 5:0) 10. New Business -- Public Comment Opportunity Mayor McKee invited residents to communicate in -person during the public comment opportunity for items 10a-d. City Administrator Tobin explained the instructions to participate in the public comment opportunity. No residents participate in the public comment opportunity. a. Summary of April 4, 2024 Closed Session Mayor McKee read a summary of the closed session results noting on April 4, City Council held a Closed Session as required by State Statute and pursuant to Minnesota Statute 13.D05 subdivision 3A as part of its April 4, 2024 meeting, discussed the performance of the administrative Services Director. The City Council concluded that several performance deficiencies existed and directed staff on follow. b. Consider Taking Employment Action Mayor McKee reviewed City Council has decided to terminate the employment of the Administrative Services Director effective immediately. MOTION: made by Nichols, seconded by Bottema to terminate the Administrative Services Director effective immediately and direct staff to communicate this decision to the employee and perform all necessary follow-up to facilitate that action. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols (Motion carries: 5:0) c. Position Classification and Compensation Study City Administrator Tobin noted the cultural assessment and reviewed the position classification and compensation study and recommended ABDO continue work with City regarding the classification and compensation study. MOTION: made by Schultz, seconded by Nichols, approving ABDO's Proposal to conduct a Position Classification and Compensation Study, and for staff to work with ABDO in the preparation and execution of the expected organizational restructuring compensation study in the amount not to exceed $48,000 and to be paid from the long-range Planning Fund. d. City Council Resignation and Declaration of Vacancy i. Letter of Resignation Councilor Schultz noted it has been his honor to serve the community, and appreciates staff, the Council 0 and thanked everyone for their support. ii. Table resolution to the April 25 Council meeting MOTION: made by Bottema to declare a Council vacancy. Council noted item 10dii Resolution Honoring Councilor Schultz will meeting. be presented at the April 25 Council Council made a friendly amendment to accept resignation and declare Council vacancy. Council noted acceptance of resignation is not necessary, only declaration of vacant seat. City Attorney Thames noted Council cannot declare a vacancy until resignation of Councilor Schultz has been accepted. Council noted accepting resignation at the April 25 Council meeting. Council MOTION: made by Bottema, seconded by Nichols, accepting Councilor Schultz' resignation and declaring a vacancy on the Council. Council directed staff to post the open seat to the website and social media for applicants to fill the temporary vacancy through the November General Election. Council discussed previous discussions with Council vacancies and noted Mark Lanterman as an interim Councilor. Voting Aye: McKee, Bottema, Vehrenkamp, and Nichols Nay: (Motion carries: 5:0) MOTION: made by Bottema, seconded by Schultz to nominate Planni Lanterman to be appointed to the vacant Council seat. Abstain: Schultz ng Commission Chair Mark Schultz rescinds second as a sitting Councilor cannot vote on filling his vacant Council seat. Motion fails for lack of second. Council noted further discussion of nominated person to ensure there is interest in serving as interim Councilor through the General Election in November 2024. Council noted review of the city attorney making a point of order regarding a Council motion and vote. City Attorney Thames clarified Councilor Schultz vote would not be a valid vote. Council discussed further the parameters of nominating a person to the vacant seat, and past practice with City Council in how commissioners were appointed to the interim seat during an election year. Council noted opening the vacant seat to interested residents and review at the April 25 Council meeting. 11. Staff Reports City Administrator Tobin updated Council On the state equity report from January 2024. City Administrator Tobin noted issues with submission and noted updated entries posted, Corcoran passed the equity report and the T-test. City Administrator Tobin noted the 26 positions passed and reviewed staffing changes from reporting period 2021 referenced only 5 positions had not grown or changed. 12. Council Reports a. Councilor Bottema noted volunteering on fire and medical coverage service earlier in the year, and noted meetings with fire and ambulance and police will be necessary. Councilor Bottema noted a committee needs to be established or hire a firm to determine needs of future coverage for Corcoran. Councilor Bottema noted setting expectations. Mayor McKee noted including Councilor Bottema, Director of Public Safety Gottschalk, and Deputy Director of Public Safety Burns, and City Administrator Tobin be involved in the subcommittee. 13. 2024 City Council Schedule Council received report. 14. Closed Session a. Closed Session 1: Real Estate Property 1. Removed: Stieg Road Improvements 2. Added: City Center Improvements Mayor McKee stated: "City Council is going into closed to consider an offer for real estate. Under the authority of Minnesota Stat. § 13D.05 subd. 3(c)(3) the City is permitted to close a meeting to consider offers and counteroffers for the purchase or sale of real or personal property. The city council is going into closed session to consider an offer for real estate or personal property; the following property is the subject of the second closed session: 5 P I D 24-119-23-33-0001." Mayor McKee recessed the Council meeting at 8:47 pm. Mayor McKee reconvened the Council meeting at 9:07pm. Mayor McKee stated: "In the closed session, the City Council discussed an offer for real estate provided direction." 8. Adjournment MOTION: made by Bottema, seconded by Bottema to adjourn. Voting Aye: McKee, Schultz, Bottema, Vehrenkamp, and Nichols. (Motion carries 5:0) Meeting adjourned at 9:08 pm on April 11, 2024. Michelle Friedrich —City Clerk and personal property; staff was