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HomeMy WebLinkAbout2009-08-27 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 1. CALL TO ORDER AND ROLL CALL The Corcoran City Council met on August 27, 2009, at City Hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Thomas, Councilor Gmach, Councilor Hudok, and Councilor Milbrandt. Also present were City Administrator Donahue, City Engineer Vander Top, City Attorney Carson, City Planner Lindahl 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 Hudok, seconded by Thomas, to approve the agenda as modified: Delete — Jeff Johnson Presentation Add 11K - Letter received from Eric Paulson Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 4. CLAIMS AS PRESENTED Escrow Claims MOTION made by Hudok, seconded by Gmach, to approve Escrow Claims in the amount of $4,335.00. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Building Inspection Claims MOTION made by Gmach, seconded by Hudok, to approve Building Inspection Claims in the amount of $2,066.47. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) All Other Claims MOTION made by Thomas, seconded by Gmach, to approve all other claims in the amount of $55,503.78. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) Call to Order Roll Call Pledge of Allegiance Agenda Approval Claims as Presented Page -1- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 5. CONSENT AGENDA 5B. CIP — Police Protection Equipment - Sign 5C. City of Plymouth Comprehensive Plan Amendment MOTION made by Hudok, seconded by Thomas, to approve Consent Agenda Items 5B and 5C. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 5A. Draft Minutes There was discussion about the minutes being done in house vs. being sent out and it was suggested this be discussed further during the budget process. 6. OPEN FORUM 7. PRESENTATIONS Northern Natural Gas, Elizabeth Babcock Elizabeth Babcock, Northern Natural Gas Regional Manager, presented history of Northern Natural Gas. She pointed out the areas of service and explained the advantages of natural gas. She updated the council on the future project that will be done in the area. This led to further discussion about the project affecting the residence of the City. 9. PLANNING BUSINESS 9A. PC09 -006 Lazer Fields Preliminary Plat and Final Plat Planner Lindahl presented that Jan Griffin is requesting an approval of a preliminary plat and final plat to create two 47.51 -acre lots to settle her late father's estate. Planning Commission held a public hearing and voted unanimously to recommend approval of the preliminary plat. The property and surrounding properties are zoned rural residential and are guided rural /ag residential. The property is currently fanned and the applicant indicates that the parcel will continue to be fanned. The development rights map shows 4 development rights on this property. 2 building rights would be assigned to Lot 1 and 2 building rights would be assigned to Lot 2. The Parks and Trails Plan shows an on -road trail on Cain Road, which could be accommodated within the dedicated right -of -way. No trail easement is required. The landowner should be aware that if the Comprehensive Plan is adopted as proposed, the City will likely require dedication/preservation of the greenway corridor as part of any future subdivision. At this time the Consent Agenda: CIP — Police Protection Equipment — Sign City of Plymouth Comprehensive Plan Amendment Draft Minutes Open Forum Presentations Northern Natural Gas Planning Business: PC09 -006 Lazer Fields Preliminary Plat and Final Plat Page -2- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 City should require cash -in -lieu of land for the 2 new parcels. The current ordinance requires $6,000 per lot. MOTION made by Milbrandt, seconded by Hudok, to approve Resolution 2009 -37, A Resolution approving a Preliminary Plat for the Lazer property located west of Cain Road and north of County Road 10. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) MOTION made by Thomas, seconded by Milbrandt to approve Resolution 2009 -38, A Resolution approving a Final Plat for the Lazer property located west of Cain Road and north of County Road 10. Voting Aye: Guenthner, Gmach, Hudok, Milbrandt and Thomas (Motion Carried 5:0) 9B. PC09 -001 Lions Park, Preliminary PUD Development Plan and Final PUD Development Plan City Planner Lindahl presented that the Corcoran Lions and Corcoran Lions foundation are requesting approval of a rezoning to PUD, a Preliminary PUD Development Plan and a Final PUD Development Plan 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. During the August 13 council meeting the Council tabled this request at the request of the applicant so that the request could be considered by the full Council. The Council took additional public testimony on this project during the open forum and there were several individuals opposed to the request. The applicant reviewed the plans and made several revisions to address the Council concerns: • Reduced the proposed number of cars from 1252 to 920 vehicles • Proposed 4 -foot high berm on County Road 101 • Proposed landscaping along County Road 101 • Added a location for the temporary guard house to the plans • Provided a 75 -foot natural area with no parking on the south • Eliminated vehicle storage from the rodeo area The Planning Commission recommends approval of the request without temporary outside vehicle storage. The applicant was asked how they carne up with the 920 vehicle amount. The applicant answered that with addition of the berm it reduced the amount of available space for parking of the vehicles. PC 09 -001, Corcoran Lions Rezoning and PUD Page -3- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 The council members and some residents discussed their opinions about the project. MOTION made by Gmach, second by Hudok, to approve Resolution 2009 - 34A, A Resolution approving a Preliminary PUD Plan for Corcoran Lions and Corcoran Lions Foundation for property located west of County Road 101. This motion is approving the PUD Plan with the current uses and not approving the use of temporary outside vehicle storage. There was some further discussion about screening of the parking area. Voting Aye: Gmach and Hudok Voting Nay: Guenthner, Milbrandt and Thomas (Motion defeated 2:3) MOTION made by Guenthner, seconded by Milbrandt, to approve Resolution 2009 -34- Option B, A Resolution approving a Preliminary PUD Plan for Corcoran Lions and Corcoran Lions Foundation for property located west of County Road 101 and south of County Road 10 with the condition that the applicant add a 8 -foot berm along the east side of the property and the vegetation type screening is to be on the south and east side, that is to be approved by staff. AMENDED MOTION made by Gmach, seconded by Thomas, to amend the motion to alter the stated condition to eliminate the southern bank of cars, as shown in the diagram. There was discussion about the reason for this amendment, because it would be impossible to build a berm high enough to screen that area. This led to a discussion about what would be the best vegetation option and growth timeline for the screening. Vote on Amended Motion Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion carried 5:0) There was some discussion about what the City can do if the applicant has the vehicles parked after the allowed time. City Attorney Carson added that the City has enforcement rights if the applicant doesn't follow the conditions. There was some discussion about fire lanes and if the fire department is able to access all areas and vehicles without any problems. It was noted that the Page -4- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 fire marshal needs to review the plans and to be sure that there are enough fire lanes and easy access for the fire department. AMENDED MOTION made by Gmach, seconded by Hudok to amend the motion that a condition be added that final approval is contingent on approval from the fire marshal that there is appropriate fire lanes and adequate access to all vehicles if ever a fire. Vote on Amended Motion Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion carried 5:0) AMENDED MOTION made by Hudok, seconded by Thomas, to amend the motion that a condition be added, that the applicant provide a management plan, approved by staff, of their plans for maintaining clear accessible lanes for emergency vehicles, during period of time the vehicles are parked. Vote on Amended Motion Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion carried 5:0) There was some discussion in regards to the screening and how it should be measured. It was clarified that the measurement of the fence screening should be measured as referenced in the ordinance. Vote on Motion as Amended Aye: Guenthner, Hudok, Milbrandt and Thomas Nay: Gmach (Motion carried 4:1) MOTION made by Milbrandt, seconded by Hudok, to approve Resolution 2009 -35, Option B, A Resolution approving a Final PUD Plan for Corcoran Lions and Corcoran Lions Foundation for property located west of County Road 101. Aye: Guenthner, Hudok, Milbrandt Nay: Thomas, Gmach (Motion carried 3:2) Mayor Guenthner called a five minute recess at 9:01 pm 9C. PC09 -004 Hall, Interim Use Permit and Variance Planner Lindahl presented to the council that Sharon Hall has requested approval of an interim use permit and variances to construct a detached accessory building with an accessory dwelling unit at 19510 Hackamore Road. The item was tabled from the August 13 Council Meeting to allow the applicant time to meet with the City Attorney and staff to discuss the PC 09 -0004, Hall Interim Use Permit, Variance for Accessory Structure Page -5- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 specifics related to the Fair Housing Act accommodations requested. On Monday, August 17 Scott Reimann and his attorney met with City Attorney Carson, City Administrator Donahue and City Planner Lindahl to discuss the specifics of the case. Mr. Reimann confirmed that the applicant and property owner, Sharon Hall is his mother -in -law. Currently no one lives in the principal structure and it is his intention to live in the principle structure. It is further Mr. Reimann's intention in the future to demolish the existing home and build a new home that is architecturally compatible with the proposed accessory dwelling unit. Mr. Reimann provided information to indicate that his sister's disability requires she live in a home that is separated from other living spaces and a separate living space above the attached garage is not viable with her disability. City Attorney Carson explained that he received verification from Amy Reimann's doctor confirming the nature of her disability and the need for the accommodation. It was also noted that her current living accommodation has worked well with her disability and it is the same type of accommodation they are applying for. A question was asked on whether or not the Fair Housing Act overrides the City's IUP requirement. City Attorney Carson answered that it does if the Council finds the accommodation that is requested is an appropriate accommodation in this case. This led to discussion about approval of this application and the Fair Housing Act being able to override the IUP affecting future requests similar to this one. City Attorney Carson added that the Fair Housing Act only overrides an IUP if there is a medical condition and each case is going to have different facts to consider. There was discussion about the applicant not being able to show a variance is needed because there are no alternative ways to build the accessory unit to accommodate his sister. This led to further discussion about what the ordinances are and how they relate to this application and whether or not the variance is actually needed or if it is just preferred. MOTION made by Gmach, seconded by Thomas, to approve Resolution 2009 -36, A Resolution Approving an Interim Use Permit and Variances for accessory structure with accessory dwelling unit at 19510 Hackamore Road. City Attorney Carson noted that a Housing Discrimination Complaint has been filed with the US Department of Housing and Urban Development. City Attorney Carson requested the complaint be dismissed if the council were to approve the application. Voting Aye: Gmach, Hudok and Thomas Voting Nay: Guenthner and Milbrandt (Motion Carried 3:2) Page -6- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 10. NEW BUSINESS 10A. Discussion of Accessory Building Ordinance and Accessory Dwelling Unit Ordinance Planner Lindahl explained that there have been some past discussions on the Accessory Building Ordinance and Accessory Dwelling Unit Ordinance and there needs to be some changes made to these ordinances. There should be some revisions made to the designing and performance standards. Also there are some technical errors in the ordinance that should be reviewed and revised. There was some discussion about the size of the lot requirement and whether or not there is a need for a change of that requirement. It was noted that the size of the lot should be big enough to allow enough sewer for all dwellings and to have enough area for setback requirements from neighbor's properties. This led to a discussion about the owner not living in the primary residence and whether or not that should be a requirement. It was suggested that one of the changes should be, plan square footage size requirement be contingent on architectural structure of the dwelling. Planner Lindahl noted that she reviewed past records and there hasn't been an application for an Accessory Dwelling Unit since 2005, therefore there isn't urgency for the change in the ordinance. She suggested the council discuss any changes they would like to make to the ordinance and make it affective in January when there is a change in the zoning ordinance. 10B. TIF District #1 Analysis, Agreement with Northland Strategies City Administrator Donahue presented a letter from Northland Strategies with a proposal for TIF District Management Services. There was some discussion about the fees and how TIF affects the budget. A question was asked on whether or not some of the services could be done in house. It was suggested that some of the services mentioned in Phase 1 could be done in house, but the City may need some assistance when it comes time for Phase 2. This led to a discussion about the sewer line corning into the City and how that would affect the TIF districts. It was suggested that the City's Financial Consultant be contacted for assistance. 11. STAFF REPORTS /MEMOS 11A. Parks and Trails Reports Mayor Guenthncr updated the Council on discussions held at the last New Business: TIF District #1 Analysis — Agreement with Northland Strategies Staff Reports /Memos: Parks and Trails Reports Page -7- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 meeting. Administrator Donahue gave an update on the research grant and the status of finding a student to do the research. 11B. 08 -06 -09 Planning Commission Minutes Minutes were in the agenda packet for review, no verbal report was given. 11C. City Pandemic Plan /Police Department The Pandemic Plan was in the packet for review. Chief Gormley explained that City Hall and public works staff need to put a pandemic plan together. It was noted that the plan was really well done. Planning Commission Minutes City Pandemic Plan — Police Department 11D. 2009 Revenue Report /Police Department 2009 Revenue Report — Police Department There was some discussion about the Revenue and Expense Report. Administrator Donahue noted that the spreadsheets reflect year to date thru July 31, 2009. There was some discussion about what the council would like to see on the budget spreadsheets. Mayor Guenthner explained that there is a need for a budget workshop because the levy needs to be set before September 15, 2009. Mayor Guenthner called a special workshop for September 8, 2009 starting at 7:00 pni to discuss the budget performance. 11E. 2009 Expenditure Performance Report/Police Department This topic was discussed with Item 11D. 11F. Update on Personnel Rules and Regulations Administrator Donahue explained that he feels there is a need for a change in the City's current workers compensation policy. It was suggested that Administrator Donahue put together a draft of the workers compensation policy that he is recommending and bring back to the council for review at a future meeting. 11G. Update on Pay Equity Compliance Councilor Gmach presented a letter from Faith Zwemke, Pay Equity Coordinator from MN Management and Budget stating that the City is in compliance with the Local Government Pay Equity Act. 2009 Expenditure Performance Report — Police Department Update on Personnel Rules and Regulations Update on Pay Equity Compliance Page -8- CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 11H. Update on Recycling and Dust Control The report was in the packet, no verbal report was given. 11I. Future Fire Protection Chief Gormley presented that the Medina Police Chief contacted him regarding his City Council's request to study future fire service within the City of Medina. The City of Medina has decided to move forward with the merging of Hamel and Loretto Fire Departments with the goal of the City of Medina to be the future owner of this newly created department. Corcoran has created a committee to discuss the future fire services for the City. Past meetings have reflected good, healthy discussions regarding the future fire services and it appears several action items were brought forward, but no action has been taken. The merger of Hamel and Loretto fire departments has a significant impact on the future fire service of the southeast and southwest areas of the City. There have been several discussion meetings but it is recommended that council reestablish a "Future Fire Planning Committee" to continue these discussions. Mayor Guenthner asked that any council member willing to be part of this committee speak to Chief Gormley. 11J. Review of Next Council Agenda Administrator Donahue reported that the Budget Levy will be on the next Council Agenda. A suggestion was made for Public Works to have an Open House and this should be added to an upcoming agenda for council to discuss. There was a request for an update of the Shannon Lane Bridge Project to be given at the next meeting. 11K. Letter from Representative Eric Paulson Mayor Guenthner presented a letter he received from Representative Eric Paulson. 12. UNSCHEDULED ITEMS None 13. ADJOURNMENT MOTION made by Thomas, seconded by Hudok, to adjourn at 10:38 pm. Voting Aye: Gmach, Guenthner, Hudok, Milbrandt and Thomas (Motion Update on Recycling and Dust Control Future Fire Protection Review of Next Council Agenda Letter from Representative Eric Paulson Unscheduled Items: None Adjournment Page -9- Carried 5:0) CITY OF CORCORAN CITY COUNCIL MEETING August 27, 2009 S..de ter Dan Donahue,ity Administrator Page -10-