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HomeMy WebLinkAbout2007-09-13 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on September 13, 2007, at city hall in Corcoran, Minnesota. Present were Mayor Guenthner, Councilor Grabowski, Councilor Roll Call Jacobs, Councilor Hudok and Councilor Thomas. Also present were Administrator Vergin, Planner Gartner, City Attorney Langel, City Engineer Vander Top, Public Works Superintendent Meister and Corporate John Hamilton. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. Agenda Approval AGENDA APPROVAL MOTION by Thomas, seconded by Jacobs, to approve the agenda as presented. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Open Forum & OPEN FORUM & ANNOUNCEMENTS Announcements: Mayor Guenthner took a moment to speak in remembrance of Pat Puhle, an employee of city hall. Ms. Puhle was a dedicated employee and a strong contributor to the community through her many hours of volunteer work. She will be remembered for her drive to live, her quick wit, her helpfulness, her mentoring, and the courage she demonstrated in the past months of her life. Parks & Trails PARKS & TRAILS COMMISSION BUSINESS: Commission: Parks Complex RFP Recommendation/Presentation, Chair Chad Robran Park Complex RFP Chair Chad Robran presented an overview of the process the Parks and Trails Recommendation Commission took in getting RFP’s for the Parks Complex. RFP’s were received and all members reviewed each RFP and spoke about it at a separate meeting. After some discussion the commission was able to narrow it down to three consulting firms. The three firms gave a presentation to the commission. After the presentations and some more discussion the commission voted which resulted in a tie between two of the firms. The commission is requesting the council to give the commission some direction on what the next steps should be. There was discussion about how much land is needed for the Park Complex and how the city can go about obtaining that land. The final two firms are capable of helping the city go about pursuing land opportunities and the process. Mayor Guenthner encouraged the public and members of the council to participate in the meetings. It was questioned if the commission has been looking at land through out the city, in particular land north of 116 and the existing school site. Chair Robran answered that the commission has looked at the two sites and the location is nice but there is concern about there not being enough dry land for the Park Complex. The council consensus was for the commission to invite the two finalists to present a final proposal at a future meeting. PLANNING BUSINESS Planning Business Donita/Hank Final Plat, Resolution No. 2007-65 Donita/Hank Final Plat,- Resolution No. 2007-65 Planner Norm Gartner presented that Donita Properties L.P. and Pat Hank are requesting approval of the final plat for “Donita”, consisting of two lots containing 2.5 acres each, and an Outlot consisting of 66.96 acres. The Outlot will retain five building entitlements. This is located east of County Road 19 and approximately Page -1- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 ¼ mile north of Pioneer Trail. There are two outstanding issues that need to be discussed, the driveway easement agreement, and the location of the driveway. There are two concepts for the driveway. One plan calls for a 21-foot wide driveway to be constructed to the west edge of Lot 2 and then narrows to 15 feet wide to the entrance to Lot 2. The second plan calls for the driveway to be narrowed to 16 feet as it approaches the wetland and continue to the west edge of Lot 2 and then 15 feet wide to the entrance to Lot 2. The advantage to this plan is there will be no wetland impacts and this plan is the preferred choice of the applicant. Planner Gartner explained that he has no problem shifting it to avoid the wetland, but does believe that the proposed location of 5 feet by the wetland, and 10 feet to the eastern property line is too close. There needs to be room for snow storage; the deposition of gravels bladed into the boulevard area without impacting the adjacent properties; installation of utilities; drainage improvements that may be required; visibility for cars exiting the existing driveway and protection of the existing pine trees which have been planted along the north lot line of the second existing lot and probably extend into the boulevard area. Planner Gartner noted that currently the fire code requires a 20-foot driveway access. It is recommended that the final plat be approved contingent upon review and approval by the City Attorney. That the city and applicant execute a developer’s contract upon review and approval by the city attorney. That the city, applicant, and other associated parties, execute a driveway easement agreement. There are provisions in the driveway easement agreement that basic control of the easement remains with the owner of outlot A. The purpose of that is if outlot A is ever redeveloped they may someday want to replace that easement with a public roadway or some means of access and the city wants to make sure the city isn’t tied up with issues of ownership of that easement. An issue has been raised and it has been requested by the applicant that the city attorney review the $8,000 per unit transportation charge. The argument is why the applicant should have to pay the charge when direct access will be to County Road 19, which is already paved and most of the traffic will not be using the collector roads. It was questioned if there is a legal distinction between a platted lot and a platted outlot and what is the city doing when creating lots and outlots on the plats. It is sensed that currently what the city is doing with the outlots has shifted from what the outlots were being used for 8 – 10 years ago. Planner Gartner noted that he believes outlots are property of record but because its an outlot no permit can be given to build on the lot. Mayor Guenthner directed staff to clarify the distinction between a lot and an outlot and bring it up on a future meeting. There was discussion about the city’s driveway requirements and whether the city has a written policy. It was clarified that the City uses the Engineering Design Standards that are referenced in the subdivision ordinance. It was questioned if the driveway easement is addressed in the resolution and if not how is the city formalizing the driveway requirement in the final plat. Planner Gartner answered that the plat drawing shows the easement as an utility easement and there will be a separate easement document. After some discussion about the transportation charge issue it was concluded that the council and the committee will have a meeting in the near future to discuss the charge. Until then it was suggested that the city take a letter of credit from the applicant, so the applicant can proceed with the project without having to wait for the council’s decision on the transportation charge. This will be similar to previous Page -2- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 subdivision agreements. Pat Hank, developer for Donita Properties L.P. explained that the issue with the driveway is the location of the wetland and how the applicant would like to avoid the wetland. Planner Gartner added that a change of the width of driveway would require a variance request. This lead to a discussion about the 5 feet driveway setback and the utility easement and whether a variance request is needed. It was suggested that the council proceed with the final plat approval with the 21-foot driveway. If the applicant chooses they can come back and request a variance. A question was raised regarding the development contract and the process of drafting of the contract. Planner Gartner answered that he can draft the development contract and a final review should be done and approved by the city attorney. Mayor Guenthner directed staff to make sure that it is legally sufficient to protect the City. MOTION by Thomas, seconded by Grabowski, to approve Resolution 2007-65, A Resolution Approving the Final Plat for “Donita” identifying the 7 conditions on page 2 of the resolution, with the addition of the recommendations identified in Planner Gartner’s staff report, 6a, 6b, 6c, 6d and 6i. Under 6i regarding the transportation charge the resolution be acceptance of a letter of credit consistent Prairie Creek Final Plat with the terms accepted from earlier applicants. Voting Aye: Grabowski, & Development Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Agreement, Resolution PRAIRIE CREEK FINAL PLAT & DEVELOPMENT AGREEMENT, No. 2007-66 RESOLUTION NO. 2007-66 Planner Norm Gartner presented that the applicant is requesting approval of the final plat for “Prairie Creek Estates”. The name of the plat has been changed from “Meadow Estates” to avoid conflict with the adjacent development. The plat shall consist of a 13 lot and 3 outlot subdivision on 60.61 acres. The applicant is also having issues with the transportation charge for collector road improvements. The Prairie Creek Estates project also has direct access to County Road 19. It was explained that there were some discrepancies with the resolutions which were found by Administrator Vergin The resolutions have been corrected to identify the proper legal descriptions of the lots and blocks being created. The council needs to rescind Resolution 2007-41 and pass the corrected version for the preliminary plat and then the corrected resolution for the final plat. Discussed the discrepancies found after the fact and whether staff is to scrutinize the resolutions or should the city pay the extra money and have the attorney review the resolutions. The city administrator is able to scrutinize the resolutions, but it takes her away from other responsibilities. Because this is an Open Space Preservation plat it was noted that it should be documented in the project description. Discussion about the transportation charge and whether or not the charge is documented in the resolutions was asked. Planner Gartner answered that the details of the charge are spelled out in the developer’s agreement. Developer Greg Bowles clarified that they should only be charged for 12 lots and not 13 because one of the lots is already there. MOTION by Grabowski, seconded by Hudok to approve Resolution 2007-66, A Resolution Rescinding Resolution no. 2007-41 and Correcting the City Records for the Approval of the Preliminary Plat for “Meadow Estates” on Property located at 10435 County Road No. 19. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs Page -3- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 and Thomas (Motion carried 5:0) MOTION made by Grabowski, seconded by Hudok, to approve Resolution No. 2007-66A, A Resolution Approving The Final Plat for “Prairie Creek Estates” on Property Located at 10435 County Road No. 19. AMENDED MOTION made by Grabowski, seconded by Hudok to approve Resolution No. 2007-66A, A Resolution Approving The Final Plat for “Prairie Creek Estates” on Property Located at 10435 County Road No. 19 with conditions on review by the city attorney and incorporation of a letter of credit for the transportation charge in the developers agreement consistent with the terms accepted from earlier applicants. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Peterson Oaks Hill PETERSON OAKS HILL ADDITION LOT SPLIT SKETCH PLAN Addition Lot Split Sketch Plan Jeffrey Draxten presented that he is requesting to create four equal lots from existing two lots. Before any money is spent on surveying the applicants would like to get guidance from the council. The existing lots are 1.83 and 2.16 acres. Proposing to create four lots equaling approximately one acre to be served by a community septic system that would be controlled through a Home Owners Association. There was discussion about the property currently being zoned A- – Agriculture, which is slated to be rezoned to an R-1 in the future. It was questioned where the lots are located and how close they are to Maple Grove. Mr. Draxten answered that one of the adjacent lots has already conceded to Maple Grove. The council concluded that this project could be a possibility if the ultimate goal is to annex into Maple Grove, but if the long-term goal is to remain in Corcoran than the city isn’t ready to create small lots without access to city water and sewer. Unfinished Business: UNFINISHED BUSINESS Site Grading Request- United Properties for Site Grading Request by United Properties for Corcoran Business Park Corcoran Business Park City Engineer Vander Top explained that typically the process is to file the final plat with Hennepin County before the City allows any work to be started. But because of utility agreements with Medina continuing to move slowly, United Properties is proposing to complete the site grading this fall. A question was asked on how the lack of a signed agreement with City of Medina, factors into the applicants request. The developer from United Properties answered that they are aware of the exposure in getting utilities from Medina. The applicant is assuming that it’s more of a matter of how much money it’s going to take, not a matter of getting Medina to agree. They are ready to grade the site and are comfortable spending money early and getting the site ready for development, with the risk of letting it sit while the two cities work out an agreement. If permission is granted for the applicant to start grading would the engineering plan be consistent with the preliminary utilities sketch for the area and how would that change if it became necessary to do onsite water and waste treatment. The developer answered that they haven’t contemplated a septic and well plan, but they are comfortable spending the money early knowing the risk. Mayor Guenthner spoke about a letter he drafted to the City of Medina’s Mayor Page -4- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 Crosby. During the time period of staff reviewing the letter and prior to it being mailed Mayor Guenthner has learned that Medina has completed a sewer study for the Highway 55 Corridor. Mayor Guenther suggested that a meeting be scheduled with him, Councilor Grabowski, City Administrator Vergin, and City Engineer Vander Top to discuss the findings and then have representatives come in from United Properties and find out how everyone is going to partner up. There is hope that after this meeting there will be more concrete information to go back to Medina to complete an agreement. There was discussion of the pros and cons of the city issuing the grading permit before there is an agreement with the City of Medina. MOTION made by Grabowski, seconded by Thomas to direct the staff to draft a grading permit for council to approve at the next council meeting. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) MOTION made by Thomas, seconded by Hudok to amend the agenda to move up the Item 8, 2008 Proposed Budget/Levy. Voting Aye: Grabowski, Guenthner, 2008 Proposed Hudok, Jacobs and Thomas (Motion carried 5:0) Budget/Levy, Resolution 2008 PROPOSED BUDGET/LEVY, RESOLUTION NO. 2007-67 No. 2007-67 Mayor Guenthner explained the process of the budget and the levy. MOTION made by Thomas, second by Guenthner, to approve Resolution No. 2007-67, Resolution Adopting Preliminary Proposed Tax Levy 2007, Collectible in 2008, setting the total levy at $2,739,500 based on the budget proposal presented with the modifications to reflect hiring of a full time in house employee at the total cost of $98,053; the responsibilities would encompass, planning, code enforcement, some engineering review functions; the city would continue to utilize Bonestroo Engineering for engineering services and support of in house staff at a budget cost of $40,000 the result of $8,960 savings would be allocated to the reserve fund increasing the allocation from $46,594 to $55,554. There was discussion and concern about modifications being made to resolutions and that the council should of received this information before the meeting. It was clarified that there isn’t a change to the resolution and the modification mentioned in the motion is documented in the worksheets that were given to the council in their agenda packet. The motion was a way to bring up discussion of the budget and certain modifications that needed to be discussed before accepting the levy. VOTE ON MOTION: Aye: Thomas and Guenthner Nay: Hudok, Grabowski and Jacobs (Motion defeated 2:3) MOTION by Grabowski, seconded by Hudok to approve Resolution No. 2007-67, Resolution adopting preliminary proposed tax levy 2007, collectible in 2008. There was discussion about how the modifications in the defeated motion are going to be discussed since the new motion leaves those items open. These will need to be addressed by final certification which is required in December. VOTE ON MOTION: Aye: Grabowski, Guenthner, Hudok and Jacobs Nay: Thomas (Motion carried 4:1) Shannon Lane Culvert Shannon Lane Culvert City Engineer Vince Vander Top explained that the council gave direction to replace the large culvert using city resources. Public Works Director, Pat Meister, Page -5- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 requested the ability to pursue the culvert replacement this fall, as stream flow in Rush Creek is relatively low. Efforts to secure the necessary permits for culvert replacement have started., but due to the time line to secure the permits work will not be able to occur until 2008. It is being recommended that the culvert replacement occur according to previously described Option 1. The goal is to complete the review process by the spring of 2008. Public Works Director Meister is seeking current quotes for the required culvert for spring 2008 delivery, but more quotes should be obtained for two different gauges of the culvert. This will help in preparing accurate cost estimates moving toward construction. Escrow Account ESCROW ACCOUNT PROCESS/PROCEDURES Process/Procedures Attorney Langel and Administrator Vergin met on August 8, 2007 to address the manner of which escrow accounts are tracked and invoiced. Attorney Langel has provided a language modification to the form that will allow the city to seek reimbursement through an assessment process and requires that all property owners and other responsible parties sign waiving their right to appeal the assessment. It is important for the consultant staff to provide statements in a timely fashion, not only monthly invoices by weekly billing reports. This allows the city to see where dollars have been spent and identify when there may be an issue, prior to waiting for the month end invoice. The term “Escrow” was addressed and according to attorney Langel this is the proper term. Staff is being conscientious about when there are improvements and additional factors involved that will require additional staff time. Once the developer/applicant has made the appropriate deposit to the escrow account then the work will be allowed to commence. A question was asked about the lien process and if it can be done as part of the escrow process. Attorney Langel informed the Council of a Statute, 514.67, that allows the City to place a lien on property. If a lien notice was filed with the developer and the recorded landowner there most likely will be more of a response than if a lien notice was filed only with the developer. After discussion Staff was directed to pursue Statute 514.67 the lien process. Meeting Night Change MEETING NIGHTS, DRAFT ORDINANCE Consideration Mayor Guenthner explained that he is recommending changing the meeting night to the first and third Mondays of each month. There was some discussion of problems changing the meeting night to Monday may cause. With the meeting being right after the weekend it is asking council to take time away from the weekend and family time to prep for the council meeting. There also was discussion with sport games being a conflict with having meetings on Monday nights. It was concluded that there would be no change in the meeting Consent Agenda Items CONSENT AGENDA Approved: MOTION made by Grabowski, seconded by Thomas, to approve the consent 8/16/07 Budget Workshop agenda items: 8/27/07 Budget Workshop 10a. August 16, 2007 Budget Workshop Minutes Heitke Topo/Wetland 10c. August 27, 2007 Budget Workshop Minutes Waiver 10d. Heitke topography Wetland Waiver, Resolution No. 2007-68 NW Chamber Gambling Page -6- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 10e. NW Suburban Chamber Gambling License, Resolution No. 2007-69 Public Works CIP Purchase, Water Tank 10f. Public Works CIP Purchase, Water Tank Truck Truck Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion carried 8/23/07 Minutes 5:0) 10b. August 23, 2007 Council Minutes MOTION made by Grabowski, seconded by Thomas to approve the August 23, 2007 Council minutes with the modification on Page 6, changing the word “Influential” to “Inflammatory”. Voting Aye: Grabowski, Guenthner, Hudok, Administrative Staffing Jacobs and Thomas (Motion carried 5:0) Change 10g. Administrative Staffing Change Administrator Vergin asked for authorization to proceed with a staffing change that would shift a part time position to a full time position (as proposed in the 2008 budget) due to the loss of employee Pat Puhle. It was questioned if this will impact the budget. Administrator Vergin answered that she ran some figures before the meeting and if this is approved there will be an approximate savings of $4,000 and it is consistent with the budget that is proposed for 2008. Administrator Vergin explained what positions will be created and the reason for her having this approved tonight is because city hall is understaffed. There was discussion about whether or not this staffing arrangement is temporary or permanent. After discussion it was concluded that this would be a temporary arrangement and that it could be changed after the budget process is done and approved. MOTION made by Grabowski, seconded by Jacobs to approve the administrative staffing change on a temporary basis. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Approval of Claims CLAIMS a. Escrow Claims (Fund #500) $2060.10 MOTION made by Grabowski, seconded by Jacobs, to approve the escrow claims as presented, totaling $2060.10. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok, and Thomas. (Motion carried 5:0) b. Building Inspection Claims $ 0 c. All Other Claims $ 229,518.87 MOTION made by Grabowski, seconded by Hudok, to approve the all other claims as presented, totaling $229, 518.87. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion carried 5:0) Council & Staff Reports COUNCIL AND STAFF REPORTS: Planning Commission, Liaison Thomas Liaison Thomas updated the council about different projects that have been presented to the Planning Commission and status of existing projects. He also spoke about some of the planning commission members not appreciating the way the council publicly criticized their findings and results on some applications. Miscellaneous Correspondence Page -7- CITY OF CORCORAN CITY COUNCIL MEETING September 13, 2007 A meeting was scheduled for October 3, 2007 at 7:00 pm to discuss the Transportation Charge with the council and the pavement management committee members. The public is invited to attend this meeting. Adjournment ADJOURNMENT MOTION made by Grabowski, seconded by Hudok, to adjourn at 9:54pm. Voting Aye: Guenthner, Grabowski, Jacobs, Hudok and Thomas (Motion carried 5:0) ______________________________ Barb Larson, City Clerk Page -8-