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HomeMy WebLinkAbout2007-11-19 - Council Minutes CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 CALL TO ORDER AND ROLL CALL Call to Order The Corcoran City Council met on November 19, 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, City Planner Gartner, Police Chief Gormley, Public Works Director Meister and City Attorney Langel. Mayor Guenthner called the meeting to order at 7:00 p.m. followed by the Pledge of Allegiance. AGENDA APPROVAL Agenda Approval MOTION made by Thomas, seconded by Grabowski, to approve the agenda with the following changes: Add “Item 10b – Schedule I94 TAC Meeting” Move Item 6c (2) before 6c (1), to allow Dennis Stieg to speak before the Commissioners. VOTE ON MOTION : Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) Open Forum & Announcements: OPEN FORUM & ANNOUNCEMENTS NW Trails Snowmobile NW TRAILS SNOWMOBILE ASSOCIATION CONTRIBUTION Association Contribution Rocky Johnson, President of NW Trails Snowmobile Association explained that each year their club participates in fund raising activities to raise awareness for safe and responsible snowmobiling. The proceeds are donated to various non-profit organizations that support those efforts. This year the City of Corcoran was voted a recipient of a $500 charitable contribution that the club would like to have designated for any future city park improvements. Mayor Guenthner acknowledged the Association for their work in the community and thanked them for the generous donation. UNFINISHED BUSINESS Unfinished Business: TH 55 Concept Plan, Resolution No. 2007-92 TH 55 Concept Plan – Resolution No. 2007-92 MOTION made by Hudok, seconded by Grabowski, to approve Resolution No. 2007-92, Trunk Highway 55 from Plymouth to Rockford Concept Plan Concurrence. Mayor Guenthner took a moment to explain the TH 55 Concept Plan and the purpose of the resolution, to preserve a corridor for future development of TH 55 and provide for adequate access points. VOTE ON MOTION: Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) PLANNING COMMISSION BUSINESS Planning Commission Gazelle Marketing Site Plan, Resolution No. 2007-89 Business: City Planner Gartner reported that the applicant for the project is Gazelle Gazelle Marketing Site Marketing, Inc. They are proposing the construction of a 14,400 square foot Plan – Resolution No. office/warehouse. The building will be constructed of pre-cast concrete panels. 2007-89 The lot is 1.78 acres in size. Gazelle Marketing is a manufacturer’s representative, they purchase product from manufacturers, warehouse it and then resell it to third Page -1- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 parties. The applicant is requesting to install a holding tank onto the property until city sewer and water is available, this was approved by the Hennepin County Department of Health. There was discussion regarding how the number of parking spaces was determined and expansion possibilities. There was a question regarding what communication the city uses to establish when a completed application has been received. This lead into a discussion about the approval requirements and extensions. It was requested that future planning reports identify submittal dates and the review timeline, and also include copies of the planner’s letters communicating when the application is complete and same for incomplete, so that the record is complete. It was noted in the report, under the project description, that currently manufacturing won’t occur at this facility, but small manufacturing at the facility might occur in the future. This lead to a discussion about zoning and what the applicant will have to do when they decide to pursue manufacturing at the facility. It was noted that at the last planning commission meeting there was some discussion about reducing the set back on the north east corner. There was discussion about the requirements for reducing the set back, what type of landscaping and size of berm is required. It was suggested that the landscaping plan be more descriptive as to what is being done to meet the additional landscaping criteria. The truck turn around space was questioned on whether or not it is adequate for a full-length truck. The city planner answered that the plan was designed to allow a full-length truck, but there will be some difficulty in the full size truck getting in and out. The business very seldom gets a full size truck in, so there should not be an operational issue. It was noted that this could impact future use of the building. Planner Gartner stated that accommodations could be made with the adjacent property owner. MOTION made by Thomas, seconded by Grabowski, to approve Resolution 2007- 89, A Resolution approving A Site Plan for Gazelle Marketing Property Located at 20115 Auger Avenue with the following modifications: Condition B to read – “Replace all gravel parking surfaces with asphalt or concrete.” Condition D to read – “All garbage and trash collection shall be handled within the building.” Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas. (Motion carried 5:0) Prairie Creek Estates Prairie Creek Estates Revised Final Plat, Resolution No. 2007-90 Revised Final Plat – City Planner Gartner presented that the applicant Mr. Michael Leuer is requesting Resolution No. 2007-90 the city amend the Final Plat approval that was granted on September 13, 2007, to allow for the phasing of his development. Mr. Leuer’s request does not change the layout of the project, only the timing when the final plat for various areas is approved by the city. Since the final plat has not been recorded at the county, this request can still be handled administratively by the council without having to go through a re-platting process. The proposed revised final plat allows the applicant to sell the existing home located on Lot 1, Block 2 and provides two lots as Page -2- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 inventory without the need for installing public improvements. Road access to Lot 1, Block 3 could be made directly to Meadow Creek Drive, but it is recommended that it come off of the future Prairie Creek Drive to be platted in the future phase 3. There was some discussion about the difference between the approved preliminary and approved final plats in reference to the future phases. The developer was asked what the reason is for this change. The developer answered that they thought they would generate some building activity on lots that will be used and plat off the existing lots and hold off on some costs. Attorney Langel added that the final plat approval is done and phasing is usually done through development contracts. The final plat should be substantial to the preliminary plat and currently it’s not. The better way of having this done would be through a re-platting approach. This lead into a discussion about outlots. MOTION made by Thomas, seconded by Grabowski, to approve Resolution 2007- 90, A Resolution Approving the Final Plat for “Prairie Creek Estates” on Property Located at 10435 County Road No. 19. (Motion rescinded) There was some discussion about how this procedure can be handled in the future and whether or not this can be handled through the development contract or is it best for the applicant to go through the re-platting process. The consensus was to direct staff to revise the resolution and City Attorney Langel to work with the developer on the developer’s agreement. It was asked if an amendment could be attached to the resolution stating that the attorney is working on the development agreement. Consensus was for this item to be tabled for the attorney to work with developer and present the developer agreement to council for approval at a later date. MOTION made by Grabowski, seconded by Thomas, to provide a substitute motion to rescind the motion approving Resolution No. 2007-90. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) MOTION made by Thomas, seconded by Grabowski to table Prairie Creek Estates Prairie Creek Estates Revised Final Plat, Resolution No. 2007-90. Voting Aye: Grabowski, Guenthner, Tabled Hudok, Jacobs and Thomas (Motion carried 5:0) Heitke Final Plat, Revised Resolution No. 2007-91 Heitke Final Plat – City Planner Gartner explained that since the council approved the final plat and Revised Resolution No. added condition number 11, stating that the applicant must provide wetland 2007-91 delineation, he has met with Elm Creek Watershed Commission and has worked out an agreement with them. The Elm Creek Watershed Commission agreed to an easement description that shows flood areas that the surveyor can incorporate into the final plat. There was some discussion about legality of changing conditions on the resolution, the submission and approval dates. It was discussed as to whether or not the applicant should be required to have the wetlands delineated. Since the application has gone past the approval deadline it was unclear if action by the Council was actually necessary. Planner Gartner was directed to provide a memorandum on all applications he has processed identifying schedule deadlines and action dates. Page -3- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 Mr. Heitke spoke that they are on a weather deadline and would like to start building as soon as possible. MOTION made by Thomas, seconded by Grabowski, to approve Resolution 2007- 91, An Amended Resolution Approving the Final Plat for “Heitke Farm” on Property located at 7200 Rolling Hills Road striking conditions No. 11, 12 & 13. MOTION TO AMEND made by Thomas, seconded by Grabowski to amend the motion and reinsert condition No. 12 to read, “The applicant’s surveyor shall place a drainage easement upon Lot 1, Block 1, and Outlots A and B to cover the flood plain areas on these lots. The Hennepin County Department of Environmental Services shall provide the applicants surveyor with the location of the required drainage easements. It must be noted for the record, that the easement locations will be based upon aerial topography and that future revision of the drainage easements location may be required as the wetlands may be delineated, additional topography is obtained and Lot 1, Block 1 and Outlots A and B are platted.” And also reinsert condition No. 13. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) VOTE ON AMENDED MOTION: Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) UNFINISHED BUSINESS Unfinished Business: Speed Limits on City Streets Speed Limits on City At a previous meeting there was discussion relating to speed limits on the city’s Streets gravel roads. It was asked if the city has discretion or the ability to set speed limits. City Engineer Rhein provided information that State Statute sets speed limits, but if the city believes the speed set by the Statute is inappropriate, the city can request a speed study. Local agencies also have the authority to establish advisory speed signs. The signs are black on yellow type signs. The signs are not enforceable, but can be used by local authority to try to influence traffic behavior. Bechtold Road Speed Study, Resolution No. 2007-93 Bechtold Road Speed Study – Resolution No. At a previous meeting the council received a letter from Doug Weber requesting a 2007-93 speed study to be done on Bechtold Road, which prompted the information regarding setting speed limits on city streets. There was some discussion between the staff and council regarding the use of signs. Consensus was to have Councilor Hudok, Police Chief Gormley, and Public Works Superintendent Pat Meister meet and prepare a plan on the usage of signs. Administrator Vergin was directed to correspond with the Webers informing them of the Council’s decision, and concern that a speed study may have an adverse affect, causing the speed limit to be set higher. Consolidation of Parks & Consolidation of Parks & Trails Commission with Planning Commission Trails Commission with Mayor Guenthner explained that the City received a petition from the community Planning Commission in support to the Parks and Trails Commission. The petition explained that the Comprehensive Plan called for “the development of an advisory Parks Commission of local residents who will be charged with planning and review of public open spaces, trails, and recreational opportunities. The city established the Parks and Trails Commission with 9 regular volunteer members and 3 alternate members. The commission works to support the athletic associations, preserve the historical Page -4- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 concern for natural resources in the land development process, and protect the rural aesthetic values. The signatures on the petition represent support for retaining the structure and responsibilities of the Parks and Trails Commission and encourage the council to seek more volunteer involvement in City Government. Dennis Steig – Response to Resolution Dennis Steig - Response Dennis Steig expressed his concerns regarding the combining of the two commissions. He stated that the planning commission members would have to learn new ordinances and would have longer meetings if the two commissions were combined. He also explained their importance for planning for the City’s future parks and trails needs, including their collaboration with neighboring cities and the Three Rivers Park District. Commissioners Response to Resolution Commissioners Response Roz Milbrandt, Chair to the Planning Commission spoke about the impacts to the to Resolution planning commission if the two commissions were to be combined. She also spoke about the costs, noting that there are also intangible costs to be considered; that instead of reducing costs the city would incur more costs if the two commissions were combined. Chad Robran, Chair to the Parks and Trails Commission, spoke about the support the parks and trails commission has received from residents. It is the duty of the City to stay focused on providing park and trail opportunities to the residents. He explained that the parks and trails commission can watch their use of the City Planner to reduce costs to the City, and be sure that the developers are paying for their share of the consultant time. He added that the commission is made up of committed volunteers. Simplify Land Use, Resolution No. 2007-94 Simplify Land Use – MOTION made by Jacobs, seconded by Hudok to approve Resolution No. 2007- Resolution No. 2007-94 94 to Simplify Land Use with the modification of changing the commission to (Not Adopted) have 7 regular and 2 alternate members. Councilor Jacobs explained the reasoning of the suggestion of combining the two commissions. There was discussion about the comprehensive plan and how it relates to the park and trails of the city. This lead into a discussion of the savings the city would gain if the two commissions were combined and whether or not those savings are worth the eliminating the Parks and Trails Commission and what they give the community. The council took time to express their thoughts and reasoning for being against or for the combining of the commissions. It was questioned how the petition is to be handled. Mayor Guenthner answered that this type of a petition is mainly informational and there is no action needed from the council. VOTE ON MOTION: Voting Aye: Hudok and Jacobs Voting Nay: Grabowski, Guenthner and Thomas (Motion failed 2:3) Planning Commission Operating Policy Planning Commission MOTION made by Thomas, seconded by Grabowski, to approve the revised Operating Policy Planning Commission Operating Policy, Voting Aye: Grabowski, Guenthner, Page -5- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 Hudok, and Thomas Voting Nay: Jacobs (Motion carried 4:1) 2008 Budget/Levy Additional Changes/Modifications 2008 Budget/Levy Administrator Vergin explained the approval process of the budget. The Truth in Taxation Hearing would be held on Monday, December 3. The purpose of the hearing is to address the changes that are impacting the budget and levy. That the final levy needs to be certified to Hennepin County prior to by December 27. There was discussion about the need to increase the IT budget to the original proposal by staff. Suggestions were made on ways to increase the IT budget by shifting budget allocations, providing a zero net change to the budget. Councilor Jacobs presented some options for reducing the budget. One of the options was to reduce line item 53 – Clerk, by cutting the position of former staff, now deceased, and to not add a new full time position on line number 41. The workload can be adjusted by procedural changes of more Police clerical capability, merger of two present commissions into only one, use of a contract minute taker, and code enforcement being done by a new combined professional contract staff service. Another option is to reduce line item 95 – Planning, by merging with line item 192 – Engineering and line item 110 – Code Enforcement, then add $29,000 in proceeds from capping payment for three combined functions in #500 type review fees wherein one firm is paid a flat minimum of $10,000 per month. Gartner Engineering’s proposal shows combined review revenue of at least $15,000. At this level $120,000 is capped payment to the firm and the city gains revenue of $30,000. He also suggested cutting the new full time police officer hire in 2008 and review the idea of hiring of that officer after six months. He suggested that the street department look at the 2008 budget and try and find a way to cut it a further $40,000 but be sure to leave line item 175 for gravel unchanged. It was asked if police department could delay hiring of a new officer for 6 mos. Police Chief Gormley answered that they could maybe delay hiring of new officers for 4 months, not six months. It was suggested that the budget discussion be continued on December 13, and for th staff to plan the December 13 council meeting light. It was also noted that it is important that the Council address the pavement management matter at that council meeting as well. Laurent Escrow Fund Status Attorney Langel updated the council on the Laurent Development Company Laurent Escrow Fund escrow issue. He called Gary Laurent on November 9 to talk about the outstanding Status debt and to see if there was any chance of obtaining some or all of the funds without resorting to legal action. Mr. Laurent said that he does not contest the outstanding debt owed, he acknowledges the validity of the charges assessed by the City. The problem is the same as it has been for months; the company is in survival mode and has inadequate cash flow to pay the debt. Mr.Laurent suggested that the debt be formally assessed against the properties. This will result in payments being made to the city twice a year on the outstanding amounts owed and if the property is refinanced or sold, the assessments will get paid off. The Council was in consensus that the City Attorney move forward to assess the debt. NEW BUSINESS Page -6- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 Animal Unit Violation, 21104 County Road 30 New Business: Administrator Vergin explained that there have been some concerns and Animal Unit Violation complaints regarding the amount of animals located on this property. There was discussion about sizes of some of these animals and what they can be compared to in the ordinance. Attorney Langel pointed out to the Council that the current ordinance states that if an animal unit is not identified in the schedule it shall be determined by the City Council as needed. Councilor Thomas stated that goats should be equivalent to sheep and should be identified as 4 units per animal unit, but also that the City needs to determine how miniature goats should be treated. It was suggested that this topic in general and the ordinance be brought to the Planning Commission for review. Staff was directed to identify the animals currently on the site and also at the time that the ordinance was modified, in order to proceed to resolve this neighborhood dispute. MOTION made by Grabowski, seconded by Hudok to extend meeting 15 minutes to consider item 8, 9 and 10 b. Motion Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) CONSENT AGENDA Consent Agenda Items MOTION made by Grabowski, seconded by Hudok, to approve Consent Agenda: Approved: 8a. November 8, 2007 Council Minutes November 8, 2007 8b. Tobacco License Transfer, Resolution No. 2007-95 Council Minutes Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried Tobacco License Transfer 5:0) – Resolution No. 2007-95 CLAIMS a. Escrow Claims (Fund #500) $300.00 MOTION made by Hudok, seconded by Grabowski, to approve the escrow claims Approval of Claims as presented, totaling $300.00. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) b. Building Inspection Claims $0 c. All Other Claims $ 70,486.37 MOTION made by Grabowski, seconded by Hudok, to approve the all other claims as presented, totaling $70,486.37. Voting Aye: Grabowski, Guenthner, Hudok, Jacobs and Thomas (Motion carried 5:0) COUNCIL AND STAFF REPORTS: Council & Staff Reports I-94 TAC Meeting I-94 TAC Meeting Mayor Guenthner announced that there would be a meeting with surrounding elected officials on Wednesday, November 28 starting at 1:30 PM at the Rogers Community Center to address the I-94 Transportation Study. ADJOURNMENT Adjournment Page -7- CITY OF CORCORAN CITY COUNCIL MEETING November 19, 2007 MOTION made by Thomas, seconded by Grabowski, to adjourn at 10:05 p.m. Voting Aye: Grabowski, Guenthner, Jacobs, Hudok and Thomas (Motion carried 5:0) ______________________________ Barb Larson, City Clerk Page -8-