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HomeMy WebLinkAbout2008-07-24 - Council MinutesCITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on July 24, 2008, at City Hall in Corcoran, Roll Call Minnesota. Present were Mayor Guenthner, Councilor Grabowski, Councilor Jacobs, Councilor Hudok and Councilor Thomas. Also present were Interim Administrator Bodem, Police Chief Gormley, City Attorney Langel, City Planner Gartner, and City Engineer Rhein. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA APPROVAL MOTION made by Grabowski, seconded by Thomas to approve the agenda with the following modification: Interim Administrator Bodem to add Resolution 2008 -32 "Application by the Maple Grove Lions to conduct lawful gambling in Corcoran" to agenda item 10f. And Resolution 2008 -33 "Request by the Corcoran Jaycees to conduct temporary lawful gambling in Corcoran for the Country Daze Raffle" to agenda item 10g. Councilor Thomas and Councilor Hudok to add Animal Ordinance Report to Agenda Item 12a. Councilor Jacobs to add copy of an article "Pay a Fee for Fire Service" to Agenda Item 11 a. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) OPEN FORUM Resident Dan Lang brought to the council's attention about getting conflicting information between the Hennepin County Officers and the City of Corcoran officers. City of Corcoran Officers state that it is against the law to back your truck into a driveway. Hennepin County Officers state that is only against the law when it is on a controlled access road. Mayor Guenthner suggested that Chief Gormley communicate with Hennepin County to make sure that we are following the same law. There should not be two different messages from two different forces. Resident Jack Hurley inquired about an update on the comprehensive plan regarding Rolling Hills Road. Mayor Guenthner stated that this will be discussed under Agenda Item 7a. Corcoran Business Park/Medina Agreement, and under Agenda Item 7e. Comprehensive Land Use Plan. Resident Patrick Hank inquired about the Corcoran Business Park and water supply. He stated that in the Medina comprehensive plan, they do not have a water tower being installed until 2020 which would be the water tower by Loretto, which would be at elevation which would supply sufficient water for fire coverage. The total hook up charges in the South West District would be $5 million for just water supply. He does not believe that the City of Corcoran should expect Medina to put in water system improvements. Mr. Hank is asking the council to consider, when moving forward with the Medina Agreement, our own water tower. We have the elevation and we would be in a partnership with Medina, rather than always wanting something. Mayor Guenthner stated that this will be discussed in Agenda Item 7a. Corcoran Business Park/Medina Agreement. Agenda Approval Open Forum Page -1- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 PRESENTATIONS No Presentations PLANNING No planning to discuss UNFINISHED BUSINESS 7a. Corcoran Business Park/Medina Agreement Mayor Guenthner discussed the City Engineer Rhein memo regarding the Utility Agreement with Medina's Flow Capacity and Draft Exhibits. There are three to four exhibits attached to the contract. The first exhibit is a picture of the area that we serve under the Medina Agreement. The version that was seen a couple of weeks ago had a paragraph on the 1St page and had new language in it that capped out the amount of flow or capacity that City of Corcoran could obtain from the City of' Medina. This version also inserted a definitional phrase called Phase 1 which is confusing between Medina Phases and Corcoran Phases. We needed to go back and create a clearer definition of service area and also understand what the service was. It became apparent that Medina believed that we wee seeking to obtain capacity to service the entire South West district as identified in the comprehensive plan within the current contract. This contract tried to address capacity for the entire South west district, which will create issues on how to handle future improvements and how to pay for them. The Mayor went back and made it clear that his belief that all that was contemplated was that we could give service to United Properties Business Park under this agreement. Any future development in that district if relying on Medina services would be a new negotiation and new contract. Corcoran needs to figure out what the gallons per day would be for the area, and what does Medina have in their calculations. Potentially look at what it would mean to include in the 3 residential areas bordering that business park in terms of flow capacity. Will there be sufficient room under this contract if we choose to include the residential neighborhoods in the flow? There are two residential areas, west side of Rolling Hills Road and Wagon Wheel Trail that are within the zoned district to receive sewer in the future. Properties on the east side of Rolling Hills Road are not in current comp plan to receive sewer and water. These neighbors have approached the City and asked to consider the possibility of including them in the comprehensive plan update. City Engineer Rhein reviewed the agreement by the City of Medina and is comfortable with the proposed capacity. The statement in the agreement reads "Notwithstanding anything herein to the contrary, Corcoran's maximum use of Medina's Utilities to serve Phase 1 shall not exceed an average flow of 62,000 gallons per day or peak flow of 248,000 gallons per day." City Engineer Rhein stated that the flow generated by the Corcoran Business Park should be well below the capacity stated in the agreement. The residential areas reviewed included Wagon wheel Lane, Horseshoe Bend Drive, and the area east of Rolling Hills Road, south of Horseshoe Trail. Based on planning flow rates, the addition of all existing residential properties to the Business Park would exceed the Presentations Planning Unfinished Business Page -2- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 flow capacity stated in the agreement by approximately 15 %. However, planning flow rates are typically conservative, and actual flow rates could be more than 15% lower than the planning rates. Once development of the Business Park occurs and actual flow rates can be verified, it is possible that all of the existing residential properties reviewed could be served within the maximum flow capacity. The City Engineer's opinion is that Corcoran recommend that the existing residential areas adjacent to the Business Park be included in the Phase 1 service area and still keep the 62,000 gallon per day cap in the agreement. City Engineer Rhein stated that redevelopment of the residential areas would result in higher flow rates and therefore cannot be accounted for in the agreement He suggested that language would need to be added to the agreement to the effect that only the existing residential properties could be provided service un the agreement. Residential properties east of Rolling Hills Road do not lie within the 2020 MUSA line. Corcoran would have to request an expansion of the MUSA with their 2030 comprehensive plan update to allow service to these properties. Language will need to be added to the agreement to recognize this situation. City Engineer Rhein stated that the Medina Comprehensive Water Supply Plan has programmed a capital improvement project to construct a new water tower on the south side of TH 55 in the area of Mohawk Drive. The new tower will help the system to meet the varying demands. The Corcoran users of the water system will benefit from the new tower. The project to construct the tower will move forward once the site is obtained. This could be constructed in 2009. If the new tower were not constructed, system users could be forced to comply with flow restrictions during certain times of the day or times of the year. The City Engineer replied that we are taking the approach that we want the agreement done and to make it small enough to allow the first development off the ground. The size of improvements will be set up appropriately. Mayor Guenthner summarized some of the changes done to the Medina Agreement since the council last read it a couple of weeks ago and makes some recommendations on areas that need to be revised. Medina refers to the south west area as Phase 1. This needs to be changed to a new phrase. The Mayor also stated that under 2.5 of contract Corcoran has to have an ordinance governing the use of water and sewer utilities which are consistent with Medina's ordinances, governing the use of water and sewer utilities. Contact item 2.8, the sewer and water lines were slightly increased to 18" for future parallel line on hwy 55. City Engineer Rhein stated that the existing sanitary sewer that lies along hwy 55 is as small as 10" and gets bigger as you move along the street. In phase 1 improvements we would need a parallel 15" pipe to get by the 10" existing pipe. In the future as additional development occurs in the south west corner of Corcoran, north west corner of Medina, the sewer line will need to extend down and parallel the rest of the bottleneck on existing small pipes on hwy 55. Contract Item 4.2.2, Medina inserted language for connection charges which is consistent to all users. Contract Item 4.3.6, Medina is saying if it's the case that Medina creates a capitol improvement to the utilities and a portion of the improvement could be allocated to Corcoran's use, then they want to find mechanism for passing along allocation to Page -3- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 Corcoran as a financial backstop. Contract item 4.3.7, If in any given year the area charges and connection fees collected from Corcoran users plus over sizing credit is less than the cost allocation for infrastructure at the end of the year, Corcoran will pay the balance. If the cost credit more than the cost allocation for infrastructure at the end of the year, there will be no payment due. Contract item 6.3 either needs to be deleted or needs more work. Councilor Thomas stated that should add the right to charge for maintenance as minimum. City Attorney stated that the city needs to make sure that the agreement is clear 3 -6 years from now. MOTION made by Thomas, seconded by Grabowski to have staff and attorney to proceed with negotiating contract, implementing changes in 4.3.6, 4.3.7, and 6.3 as discussed and execute upon recommendation of City Attorney. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 7b. Postage Meter MOTION made by Thomas, seconded by Hudok to approve the rental of postage machine at $42.95 per month. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 7c. Draft Sign Ordinance A committee was created in August 2007 to consider simplifications to the current Corcoran Sign Ordinance (Chapter 84). The current ordinance has been criticized as being too extensive and difficult to work with. The committee members are Commissioners Milbrandt, Osterberg, Ellinger and Mayor Guenthner. The committee collected and compared sign ordinance from neighboring cities. Major elements of these ordinances, included treatment of business signs, residential signs, and application processes were charted and compared with those elements of Corcoran's ordinance. A Corcoran draft was then created which reduced the number of defined terms and sought to both simplify the number of sign categories and make the ordinance more user friendly. The draft Ordinance follows the current approach to Exempt Signs, Temporary Signs, and sign standards by Zoning District. The General Provisions are simplified to support these revised sections. The sections on Permits, Violations, Non - Conforming Signs, and repeal received less change but conform to the new draft. The Definitions section was greatly reduced. A number of elements need to be completed which include: 1. Adding a definition of Non- Commercial Speech (Sections 84.03(6), 84.04(1)b, and 84.11; from state law). This relates to First Amendment treatment of business signs versus non - business, "free speech" signs. 2. Adding a size limitation for Temporary On- Premises Signs in the Agricultural, Residential, and Public- Institutional zoning districts (Section Page -4- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 84.05(2)a.ii). Properties in these zoned areas are allowed Exempt Signs, a Wall Sign, and up to two Monument Signs. Temporary Signs restrictions would regulate occasional signs, owned by the property owner, that are larger in size than an Exempt Sign. 3. Adding a size limitation for Temporary Signs in the Business Park zoning district (Section 84.05(3)a.ii.). Properties in the Business Park areas are allowed Exempt Signs, up to two Wall Signs, a Monument Sign, and both On- Premises Temporary Signs (owned by the property owner) and Temporary Off - Premises Signs (owned by someone other than the property owner). These temporary signs allow businesses to erect occasional signs advertising sales, events, etc. 4. Adding a size limitation for Temporary Signs in the Commercial zoning districts (Section 84.05(4)a.ii). The same issues apply here as in the Business Districts. 5. Adding a size limitation for Temporary Signs in the PUD districts (Section 84.05(5)a.ii). Same. 6. Reviewing distances applied to sign -lot line set backs (Section 84.06(7). 7. Reviewing and applying state law standards related to prohibiting signs in highway rights -of -way (Section 84.06(10)). The Draft Ordinance has not received legal review. The Council needs to decide the most cost effective point in the process for review and comment by the City Attorney. Consensus for staff to review draft and City Attorney to provide feedback on ordinance. 7d. Revision of Developer's Agreement for Prairie Creek Estates City Planner Gartner asked the council for extension on the submittal of the Final Plat for Prairie Creek Estates. The reason for the extension is that the developer has been working with Hennepin County Court system to complete a "Quiet Title" action to close a gap between the two parcels of property which compromise this plat. The developer does not know how much longer the process will take because it is governed by the court system. Another reason for the extension is the current condition of the housing market. The following changes are being made to the previously approved Development Contract to accommodate the developers request and to reflect the city council's recent decision on the Transportation area charge: a. The time required to record the final plat was extended from 180 days to 730 days (2 years) from the date of City Council approval. b. The time of performance for installation of all Phase 1 public improvements was extended to November 1, 2010 to reflect the time extension in Paragraph A. above. c. The Transportation Area Charge section was deleted in its entirety from the previously approved Development Contract. This reflects the City Council decision to terminate the Transportation Area Charge at the July 10`s City Page -5- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 Council meeting. d. The reference to the Code Enforcement Official was changed to the City of Corcoran. e. The total cash requirements levied was changed to reflect the deletion of the Transportation Area Charge. MOTION made by Grabowski, seconded by Thomas to approve extension subject to staff review and assurance that all terms are appropriate for updated over a period of time. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 7e. Comprehensive Land Use Plan — City Council and Commission Workshop Interim City Administrator Bodem asked the Councils approval to set up three workshops with the Planning/ Parks and Trails Commissions for the next steps in the Comprehensive Land Use Plan Update. Interim City Administrator Bodem recommends the following: 1. City staff believes it may behoove us to set 3 work shops to discuss /recommend next steps with the collective Planning and Parks /Trails Commission. 2. Authorize the Interim City Administrator to send a letter to the Met Council expressing our due diligence efforts. 3. If it is the consensus the Update will not get accomplished in time, then we may want to exercise an exit strategy by applying for the extension before November 2008. 4. Meet with Met Council representatives to discuss revised population projections. The Mayor suggested that a committee of 2 members each of elected and appointed groups plus 2 members from the community be formed to go over the comprehensive plan updates. Councilor Thomas suggested splitting the reviewed items into two segments so that it is finished in this calendar year. One committee for land use and another committee for the other topics. Councilor Thomas and Grabowski volunteered to oversee Land Use. Councilor Hudok and Jacobs to oversee all other topics for review. A notice to go in the crow river news to announce the need for community volunteers to review the comprehensive land use plan update. Volunteer to provide name and contact information to the City Clerk by noon, August 21 for the council meeting. NEW BUSINESS 8a. Police Clerk Hiring MOTION made by Grabowski, seconded by Hudok to approve the hiring of Ms. Paula Steelman as the Corcoran Police Records Clerk for the City of Corcoran New Business Page -6- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 beginning on Monday, August 4, 2008. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 8b. Loren Kohnen Discussion Former City Inspector Kohnen from Metro West Inspection responded to Councilor Jacobs accusations and statements made by Councilor Grabowski about inspections for Liquor Licenses. The memo at a previous Councilor Meeting from Councilor Jacobs stated that Metro West ignored that there was occupancy on the 2 °d floor apartment and that he knew about it forever. Mr. Kohnen claims that this is a false statement and he has only known about it the last couple years. According to Mr. Kohnen who provided his contract from the City of Corcoran. The contract does not show that he was to be the fire marshal. He was never charged to do the fire inspections. He was hired under contract as a certified building inspector for which he has over 32 years experience and was a fire inspector as a fire marshal for 30 years. Mr. Kohnen stated there is not a city attorney that will allow a fire marshal unless they are appointed by the council which was not done in the City of Corcoran. He stated that if you wanted him to be a fire marshal, he should have been told. Councilor Grabowski responded by asking is it not your duty as a building inspector to inspect any premises to be occupied as it related to buildings in town. Did you inspect former planning commission member Mr. Spait's commercial property because it appears that it was not done correctly? The Former Building Inspector stated that this was a zoning code not a building code issue. Councilor Jacobs had some concern with the materials being handed out by Mr. Kohnen to the Council last minute as being disconcerting in how council can respond. Councilor Jacobs did respond to various charges from Loren Kohnen in the past about him (Jacobs) and feels it is incorrect and the idea about smoke screens being erroneous. Jacobs said he is not a licensed installer and only part of organization that held a state license. Those matters have been resolved with the city attorney. Jacobs stated this is not the issue and believes the issue at hand happened last summer or the summer before about inspecting establishments holding a liquor license. In 2008 Interim City Administrator directed current Building Official to inspect for fire safety. The current building inspector found an establishment having an apartment upstairs that did not have proper exist for fire code. This was known but not addressed by the previous inspector to where Jacobs said this puts the burden on the building inspector to address since he was the qualified person hired by the City. It is his duty to report the problem if known. Jacobs said one has to ask who is showing a "smoke screen." Councilor Jacobs also expressed that there seems to be minimal mark -up on plan check documents from previous work done by Metro West which begs the question of what level of service were we receiving in the past. According to Councilor Jacobs it states that Metro West's scope of service in the contract that in accordance with any applicable local and state rules, the inspector is suppose to inspect other duties as advised in order to protect the health, safety and welfare. It is Jacobs understanding that the liquor license review process and inspection of the fire code was apart of the process. Some things are being inspected this year but not in prior years. According to Jacobs, the issue here is not my work in the City of years gone by, but why this fire code inspection didn't get done in the past. Why is the current Approval of Claims Page -7- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 inspector finding something not found in the past? Consent Agenda CLAIMS 9a. Escrow Claims (Fund #500) MOTION made by Grabowski, seconded by Thomas to approve Escrow Claims in the amount of $58.00. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 9b. Building Inspection Claims MOTION made by Grabowski, seconded by Thomas to approve Building Inspection Claims in the amount of $4075.90 Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 9c. All Other Claims MOTION made by Grabowski, seconded by Hudok to approve all other claims in the amount of $166,703.44. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) CONSENT AGENDA 10b. July 10, 2008 Draft Council Meeting Minutes 10e. Application Approval for Display of Fireworks — Jaycees — August 16 MOTION made by Hudok, seconded by Grabowski to approve July 10, 2008 Draft Council Meeting Minutes and the Application Approval for Display of Fireworks. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 10a. July 10, 2008 Draft council Budget Workshop Meeting Minutes First paragraph change to Councilor Thomas had an excused absence. Page 2, under Police department, 3`d sentence, change the 2008 pilot program to The 2008 Truck enforcement pilot program. Page 3, 3`d paragraph, 5th sentence should say "should we bond for this ?. MOTION made by Thomas, seconded by Grabowski to approve the July 10, 2008 Draft council budget workshop meeting minutes with changes listed. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 10c. Resolution 2008 -30 Bechtold Topography/Wetland Exemption Page -8- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 City Engineer Gartner asked the City Council a to approve the topography and wetland delineation waiver for the property identified as an Outlot on parcel number 08- 119 -23 -11 -0005 based upon the following findings; 1. The property is currently farmland and is located west of Bechtold Road on 46.7 acres. 2. The intent of the proposed subdivision is to create one new 5.7 acre single family lot and one Outlot within the property. 3. The existing use is consistent with the City's Comprehensive Land Use Plan. 4. The use is generally consistent with the Zoning Ordinance and Subdivision Ordinance. 5. No other waivers are granted. 6. By granting the topography and wetland delineation waiver it in no manner grants or implies approval of the proposed plat. 10d. Resolution 2008 -31 Rabe Topography /wetland Exemption City Engineer Gartner asked the City Council a to approve the topography and wetland delineation waiver for the property identified as an Outlot on parcels number 15- 119 -23 -42 -0006 and 15- 119 -23 -42 -0007 based upon the following findings; 1. The property is currently a combination of woods and farmland and is located north of County Road No.10 on 36.85 acres. 2. The intent of the proposed subdivision is to create one 2.5 acre single family lot for the existing house, one 2.5 acre single family lot for a future house and one Outlot within the property. 3. The existing use is consistent with the City's Comprehensive Land Use Plan. 4. The use is generally consistent with the Zoning Ordinance and Subdivision Ordinance. 5. No other waivers are granted. 6. By granting the topography and wetland delineation waiver it in no manner grants or implies approval of the proposed plat. The Mayor stated the chair of the planning commission inquired whether the trail easements in lieu of park dedication fees would come into play on either of these resolutions and how these can be established without any delineation. City Planner Gartner stated that the Bechtold property has asked that as part of the application to grant cash donation only. MOTION made by Hudok, seconded by Grabowski to approve Resolution 2008- 32 and 2008 -33. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) 10f. Resolution 2008 -32 Application by the Maple Grove Lions to conduct lawful gambling in Corcoran 10g. Resolution 2008 -33 Corcoran Jaycees to conduct temporary lawful gambling in Corcoran for the Country Daze Raffle MOTION made by Thomas, seconded by Hudok to approve Resolutions 2008 -30 and 2008 -31. Council and Staff Reports Page -9- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Councilor Jacobs inquired if the City was covered on accidents /injuries regarding the public during the fireworks mishaps. Mayor stated that this was a good question and advised that either the bonding company or insurance will have requirements or standards before they are going to issue a policy. They have to review your layout, etc. Have city attorney look into. Council and Staff Reports 11a. "Pay a fee for fire service" News Article — Councilor Jacobs Councilor Jacobs submitted an article to the Council to review as part of the budgeting process. The article is from the Saturday, July 19 Duluth front page. Councilor Jacobs questioned how many times does this happen in Corcoran when we are paying for the service fees for people who are non - residents. This could impact the police and fire budget. Mayor Guenthner suggests that the council read and discuss at next workshop. Mayor Guenthner commented on the Budget Report and Levy Limit memo in the council materials. We are step closer and would like to see the numbers that apply in the first step. The Mayor would like to see a bullet point memo that correlates the steps to the memo. Keep working at refining the data. Would like updated report by next council meeting. Mayor Guenthner noted that he has been trading phone messages with Joe Rigdon, the consulting auditor, to get a report on how to proceed with the management letter. Unscheduled Items 12a. Animal Ordinance — Councilors' Thomas and Hudok Councilor Thomas and Hudok formed a committee to review the animal ordinance and came up with suggestions to bring to planning committee. For acreages less than 10 acres: Animals allowed: • One large animal (horse, cow, etc.) on 2 acres and one additional large animal per acre. For fractional acreage, round up for greater than or equal to xx.5 and round down for less than xx.5. • For calculating numbers for small animals, divide 1000 lbs by the average weight of the species. • Allow 500 pounds of animal (based on average weight of the species) per acre for less than 3 acres. i.e. For 2.6 acres you could have 1300 lbs divided by the average species weight. Shelters: Unscheduled Items Adjournment Page -10- CITY OF CORCORAN CITY COUNCIL MEETING July 24, 2008 • Animal shelters must be greater than 25 feet from the property line and greater than 75 feet from neighboring residences. Manure and bedding compost piles: • Manure and bedding compost piles must be greater than 75 feet from the property line and 140 feet from neighboring residences. • If they are less than 140 feet from the property line they must be removed every 2 weeks. Measurements: 1 acre = 43,560 sq ft. = 210 x 210 feet 2 acres = 87,120 sq ft. = 300 x 300 feet 3 acres = 130,680 sq ft. = 360 x 360 feet Councilors Thomas suggests Council to review and make any objections or additions before bring this to the planning commission. ADJOURNMENT MOTION made by Thomas, seconded by Grabowski, to adjourn at 9:45 p.m. Voting Aye: Grabowski, Guenthner, Jacobs, Hudok and Thomas (Motion carried 5:Q) SZ f. Kim Bachmeier, City Clerk Page -11-