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HomeMy WebLinkAbout2009-07-23 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 1. CALL TO ORDER AND ROLL CALL The Corcoran City Council met on July 23, 2009, at city hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Gmach, Councilor Hudok, Councilor Milbrandt and Councilor Thomas. Also present were City Administrator Donahue, City Engineer Vander Top, City Engineer Torve, City Planner Lindahl, Superintendent Meister, and Police Chief Gormley. Mayor Guenthner called the meeting to order at 7:00 pm. 2. PLEDGE OF ALLEGIANCE 3. AGENDA APPROVAL MOTION made by Thomas, seconded by Hudok, to approve the agenda as modified: Add item 8C — Update on Code Enforcement Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 4. CLAIMS AS PRESENTED 4A. Escrow Claims (Fund #500) MOTION made by Thomas, seconded by Gmach, to approve the Escrow Claims in the amount of $3177.01. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 4B. Building Inspection Claims None 4C. All other Claims as Presented MOTION made by Hudok, seconded by Thomas, to approve all other claims in the amount of $155,102.01. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 5. CONSENT AGENDA 5A. 07/09/09 Draft Council Minutes Call to Order Roll Call Pledge of Allegiance Agenda Approval Claims as Presented Consent Agenda: 07/09/09 Draft Minutes Police — CIP Records Page -1- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 5C. Police - CIP Records Management System (RMS) 5D. Police - Resolution 2009 -28 Adopting Ordinance for Administrative Fines MOTION made by Thomas, seconded by Milbrandt, to approve Consent Agenda Items 5A, 5C & 5D. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Hudok abstained from approval of the 7.09.09 Draft Council Minutes 5B. Police - CIP Protection Equipment Police Chief Gormley explained to the Council that the police department would like to do more research before purchasing a Police Entrance Back Lit Sign; therefore that item is being removed from the request. MOTION made by Hudok, seconded by Gmach, to approve the 2009 CIP purchase of Protection Equipment as presented by staff. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 6. OPEN FORUM 7. PRESENTATIONS Sheriff Stanek gave a brief overview of what the Sheriff's Office does for the City of Corcoran. He also gave a brief description of the Hennepin County Jail and Court Services. Lt. Pete Dietzman, of the Hennepin County Violent Offenders Task Force gave a brief presentation about what the task force has done and is doing for the City of Corcoran. Chad Robran, member of the Corcoran Jaycees updated the council and the community on the events happening during Corcoran Days. 8. UNFINISHED BUSINESS 8A. Shannon Lane Culvert Project - Public Hearing Mayor Guenthner opened the Public Hearing at 7:33 pm. STAFF REPORT Management System Police - Resolution 2009 -28 Adopting Ordinance for Administrative Fines Police - CIP Protection Equipment Open Forum: Presentations: Sheriff Stanek Lt. Pete Deitzman Chad Robran, Corcoran Jaycees Unfinished Business: Shannon Lane Culvert - Public Hearing Staff Report Page -2- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 City Engineer Torve presented to the council a timeline and history of the project. He also explained the 429 process. The project estimate is at $223,883.30. He gave an overview of issues that residents have raised and discussed suggestions that have been made. His presentation ended with an overview of what the proposed assessments may be if properties are to be assessed. PUBLIC INPUT Tom Cossette, spoke on behalf of the Shannon Lane neighborhood. He expressed their concerns regarding the replacement of the bridge. The main concern being the cost of the replacement and how much the residents are going to be assessed. He suggested that the Council create a bridge replacement policy and that the assessments be deferred until such a policy is made. He also feels that there is no reason the bridge couldn't be replaced with the way it is built now; there isn't a need for it to be wider or a need for the slope change. The neighborhood has gotten by just fine with the way the bridge is built currently, it would save the city money if it was simply just replaced and built the same way it is currently. He gave some suggestions of ways the city could cut costs on the project and also some proposals of what the neighborhood would be willing to pay for the project. Rick Zbikowski, 9101 Shannon Lane, expressed his concerns regarding the replacement of the bridge. He explained that there have been no safety or maintenance issues with the current bridge, so he doesn't understand the need for the upgrade. He doesn't support the city upgrading the bridge to standards that aren't needed and then asking the residents to pay for it. He feels there isn't a need for the upgrade because it isn't a high traffic area. Clarence Mellang, 9021 Shannon Lane inquired if this project qualified for federal stimulus funds and if the City applied for federal funds. He also asked if the project didn't qualify for federal stimulus fund can it be resubmitted. MOTION made by Thomas, seconded by Hudok, to close the Public Hearing at 8:05 pm. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) COUNCIL INPUT There was a question regarding what the assessments were based on. City Engineer Vander Top answered that the assessments are based on the total of the City's share of the project, not the total cost of the project. This lead into discussion about being able to allocate some of the expenses to other departments such as Police Department or Public Works Department. Public Input Council Input Page -3- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 There was some discussion about items of the project that maybe eligible for funding. It was questioned if there was a remote possibility of creating a different access from County Road 101 into the neighborhood. City Engineer Vander Top answered that it could be done but it wouldn't help the cost much. This lead into a question about their being a change to the area when sewer and water comes through. City Engineer Vander Top doesn't believe that adding a sewer and water line is going to add much more development in the neighborhood. If the city were to decide to go against the recommendation of MNDOT it was asked if the city would have to go through the whole permitting process again. City Engineer Vander Top answered that yes the city would have to go through the permitting process again, but feels that it wouldn't be that hard of a process to go through again. There was some discussion by the council on their thoughts related to deferring the assessment until the bridge replacement policy is adopted. It was noted that there are four bridges that would be part of this policy; three of them are on collector roads and one bridge, Shannon Lane Bridge, is considered to be unique and serves a private neighborhood that is not serving a collector road. So if a policy were to be adopted, it would be difficult in distinguishing the effect of assessments or financing. There was more discussion about whether or not the 70/30- assessment approach is the best way to finance the project. It was noted that the safety of the citizens is very important and the need for this to be shared with the residents. This lead into a discussion of costs being cut but yet being sure that the replacement of the bridge is done to the best standards to provide the best safety possible for the residents. There was discussion related to not charging the whole project cost to the residents. MOTION made by Thomas, seconded by Gmach, to approve Resolution 2009 -30, A Resolution Approving the Shannon Lane Bridge Replacement Report and authorization for advertisement of bids. City Engineer Vander Top noted that if council approves this Resolution it is for 100% of the cost being assessed but the council can come down from that assessment at a later time. It was suggested that an assessment scenario be presented at the time of awarding of bids. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Page -4- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 Carried 5:0) Mayor Guenthner called a brief recess. Mayor Guenthner called the meeting back to order at 9:00 pm 8B. Update on Geothermal Project City Engineer Vander Top explained that bids were opened on Monday, July 20, 2009. There were a total of three bids and they are available at City Hall. The committee has met to discuss the bids and references are going to be checked, as well as equipment being used and specifications will be evaluated. A recommendation will be made to the council during the next Regular Council meeting. 8C. Code Enforcement Update Mayor Guenthner updated the council on a meeting that was held between himself and Administrator Donahue. This option will be explored more during the budget process and also will be discussed more when the clerk is hired. 9. PLANNING BUSINESS 9A. PC 09 -001, Corcoran Lions Rezoning and PUD City Planner Lindahl presented that the Corcoran Lions are requesting approval of a rezoning to a PUD to allow a greater mix of uses on the 36.12 - acre Lions Park property, including a continuation of the existing uses and the addition of seasonal motor vehicle storage. She updated the council on the Planning Commission discussions and their recommendations to the Council. It was noted that the Planning Commission is recommending approval of the activities that are currently happening on the park, but they do not recommend approval of the seasonal motor vehicle storage. The applicant is requesting PUD flexibility to allow temporary outside motor vehicle storage from November to March each year. The plans show space for up to 1,252 temporary parking spaces in two areas of the site that will be in a fenced area with parking on the existing gravel and landscaped areas rather than paving a large portion of the Park. The vehicles would move in and out of the site for sales elsewhere. A question was asked that if the Council were to approve the planning commission recommendations would the Lions be stuck with that rezoning. City Planner Lindahl answered that the zoning would be set to the council's action. It was than asked if there was any research done on if the property taxes would be affected with the rezoning. City Planner Lindahl answered Geothermal Project Update Code Enforcement Update Planning Business: PC 09 -001, Corcoran Lions Rezoning and PUD Page -5- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 that she did speak to the assessor and the taxes are based on the use of the property not the zoning of the property. It was noted that the current city planner wasn't the advocator of this PUD recommendation. When the auto auction facility contacted the Lions Club, they came into city hall and asked if the storage of the vehicles would be permitted with their current zoning. Staff informed them that it wasn't permitted under their current zoning and the mayor and staff suggested that it would be permitted under a PUD. MOTION made by Gmach, seconded by Thomas to approve Ordinance 2009 -248, An Ordinance Amending Title X (Zoning Ordinance) of the City Code to Classify Certain Land Located West of County Road 101 and South of County Road 10. There were some discussion regarding the rezoning and conditions being set remaining in affect if ever there is a change of ownership. A question was asked to the Lions Club if they still want the rezoning even if the Council doesn't approve the temporary vehicle storage use. Tim Holmquist, Lions Club President explained the reasoning for them wanting the vehicle storage as a way of extra revenue. He answered that he would rather be sure that the current events are permitted, so they would still want the flexibility of the PUD zoning. There was some discussion about an interim use permit process and the future developments of the area and the property. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) MOTION made by Gmach, seconded by Hudok, to approve Resolution 2009 -31, Approving Findings of Fact for Rezoning for Corcoran Lions and Corcoran Lions Foundation for Property Located West of County Road 101 and South of County Road 10. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) MOTION made by Gmach, seconded by Guenthner, to approve Resolution 2009 -32, Approving the Preliminary PUD Development Plan as recommended by the Planning Commission to not allow the temporary vehicle storage. Council expressed their feelings on allowing the temporary vehicle storage at the Lions Park. Page -6- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 Voting Aye: Gmach and Thomas Voting Nay: Guenthner, Hudok and Milbrandt (Motion Defeated 2:3) Mayor Guenthner, Councilor Hudok and Milbrandt explained their reasoning for voting Nay was because they don't see anything wrong with allowing the temporary vehicle storage. MOTION made by Milbrandt, seconded by Thomas, to table the Preliminary PUD Development Plan to the next Regular Council meeting. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 9B. PC 09 -004, Hall Interim Use Permit, Variance for Accessory Structure City Planner Lindahl explained that the applicant is requesting approval of an interim use permit and variances to construct detached accessory building with an accessory dwelling. The Planning Commission held a public hearing on this request. Commission voted 5 -1 to recommend approval of the IUP and variances. Staff finds that the interim use permits standards for an accessory dwelling unit has been met, subject to the findings and conditions. MOTION made by Gmach, seconded by Thomas to approve the Interim Use Permit and Variances for accessory structure with accessory dwelling unit at 19510 Hackamore Road. There was some discussion about the square footage of the accessory structure and the variance standards. The applicant presented his reasons for the request and the need for variances being to accommodate his disabled sister. He also presented some findings from the Fair Housing Act that shows sufficient reasons for the need of the variance request. It was suggested that Attorney Carson take a look at the findings presented by the applicant. There was some discussion about whether or not there is a sufficient hardship to approve a variance. This led into a discussion about whether or not the applicant is going to be living at the primary residence during the building of the accessory building. The applicant noted that his wife or he will live at the primary residence during the building of the accessory building if that is what the council wants. It was suggested that the City Attorney look into this request and whether or not there is a sufficient hardship to grant the variances. PC 09 -0004, Hall Interim Use Permit, Variance for Accessory Structure Page -7- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 Voting Aye: Gmach and Thomas Voting Nay: Guenthner, Hudok, and Milbrandt (Motion Defeated 2:3) MOTION made by Milbrandt, seconded by Thomas to table this discussion to the August 13, 2009 Council Meeting. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 9C. PC 09 -005, Blake -Cain Preliminary Plat /Final Plat City Planner Lindahl presented that the applicant has requested approval of a preliminary plat and final plat to adjust the common lot line between two parcels located North of County Road 10. No new development is proposed. MOTION made by Thomas, seconded by Hudok to approve the Preliminary and Final Plat for Blake /Cain on Property at 23190 and 20913 County Road 10 located North of County Road 10 and South of County Road 30. A question was asked on whether the conditions from Elm Creek Watershed District have been met. City Planner Lindahl answered that she received a report from the Elm Creek Watershed District and the conditions have been met. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) PC 09 -005, Blake -Cain Preliminary/Final Plat 9D. PC 09 -002, Bechtold Preliminary and Final Plat PC 09 -002, Bechtold Preliminary /Final Plat City Planner Lindahl explained that the Preliminary Plat for the Bechtold property was approved but it was not filed with the County. Since the approval the applicant is requesting to revise the plat by making it a ten -acre lot. Staff recommends that the applicant go through the Preliminary Plat and Final Plat Process again. There was some discussion about the future plans of the additional acreage and if there are any plans of building on the additional acreage. This led into discussion about the escrow requirement and it was suggested that if there isn't enough escrow to proceed with the new preliminary application than the applicant shouldn't submit a new plat application until they have the full escrow amount required. City Planner Lindahl explained that the costs would most likely be cheaper than the original preliminary plat application due to there not being a need for extensive review by staff. Page -8- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 MOTION made by Gmach, seconded by Thomas authorizing staff to receive the preliminary and final plat applications for approval of the lot line adjustment with the requirement that no additional escrow be deposited up front subject to the requirement that it be replenished if necessary. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 9E. Hedgestone Rezoning Discussion Hedgestone Rezoning City Planner Lindahl explained that the Hedgestone project did not move Discussion forward, the approvals have expired and several landowners are now actively marketing the property. The existing PUD zoning is creating some challenges for potential buyers because the land cannot be developed under this PUD unless it complies exactly with the 2004 plans. Staff is suggesting that council initiate a rezoning to revert back to the original R -1 (single family residential) zoning. MOTION made by Thomas, seconded by Milbrandt to authorize staff to schedule a public hearing for a city- initiated rezoning of the Hedgestone PUD back to the original R -1 zoning, which is consistent with the Urban Residential classification on 2020 Land Use Map Voting Aye: Grnach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) MOTION made by Thomas, seconded by Gmach to amend the agenda moving Item 10C, Appointment of Clerk/Bookkeeper up to 9F and tabling Items 10A, Discuss Policies and Direction for the 2010 Budget and CIP and 10B, Discuss Current and Future Capital Improvement Program to the August 13, 2009 Regular Council Meeting. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 9F. Appointment of Clerk/Bookkeeper Appointment of City Administrator Donahue introduced Jeanie Heinecke, an employee with Clerk/Bookkeeper Vision Staffing Solutions. After interviews staff highly recommends appointing Ms. Heinecke to the position of Clerk/Boolkeeper. He explained the duties of the Clerk/Bookkeeper are outlined in the existing job description of the Clerk/Bookkeeper position. Vision Staffing Solutions will be billing the City for 40 hours a week at a rate of $28 per hour. A question was asked that if the city were to decide to hire Ms. Heinecke as a full time city employee would Vision Staffing Solutions require a fee? Page -9- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 City Administrator Donahue answered that it states in the contract between the city and Vision Staffing Solutions that after 520 hours are worked there is no finder's fee owed to Vision Staffing Solutions if she were to be hired. He noted that he has informed Ms. Heinecke that if she performs above average he will recommend hiring of her at the beginning of the year. Mayor Guenthner called a five- minute recess. Mayor Guenthner called to order the meeting back to order. MOTION made by Gmach, seconded by Thomas, to approve Resolution 2009 -29, contingent on receiving a letter from Vision Staffing stating they agree to a 520 hour term -to -hire, and if the city were to hire Ms. Heinecke from Vision Staffing Solutions payroll anytime after 520 hours, there will be no further fees. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 11. STAFF REPORTS /MEMOS 11A. Quarterly Financial Reports i) Police 1st half 2009 Budget Performance Report ii) Public Works 1st Half 2009 Performance Report To be discussed at the August 13, 2009 Regular Council Meeting 11B. Parks and Trails Report and U -CGO Grant Application City Administrator Donahue updated the council that he has submitted the Grant Application and will let the council know when he receives the results. 11C. 7/08/09 Planning Commission Minutes For review only 11D. Pay Equity Compliance Update To be discussed at the August 13, 2009 Regular Council Meeting 11E. Recycling and Dust Control Update To be discussed at the August 13, 2009 Regular Council Meeting 11F. Update on Personnel Rules and Regulations Staff Reports /Memos: Quarterly Financial Reports Parks and Trails Report /U -CGO Grant Application 7/08/09 Planning Commission Minutes Pay Equity Compliance Update Recycling and Dust Control Update Update on Personnel Rules and Regulations Page -10- CITY OF CORCORAN CITY COUNCIL MEETING July 23, 2009 To be discussed at the August 13, 2009 Regular Council Meeting 11G. Update on City Newsletter The council members received a draft of the newsletter and were very impressed with it. There were a couple of clerical mistakes that were given to Jill, but other than that everyone is very pleased with the result of the newsletter. 11H. Future Fire Protection To be discussed at the August 13, 2009 Regular Council Meeting 11I. Review of August 13, 2009 Agenda Mayor Guenthner updated the council on items that are being carried over from this meeting to the August 13, 2009 meeting. City Newsletter Update Future Fire Protection Review of 08/13/09 Council Agenda 12. UNSCHEDULED ITEMS Unscheduled Items: None None 13. ADJOURNMENT MOTION made by Thomas, seconded by Hudok, to adjourn at 10:45 pm. Adjournment Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Carried 5:0) jtyie_ r 74?c-A- e Dan Donahue, City Administrator Approved August 13, 2009 Page -11-