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HomeMy WebLinkAbout2018-02-22 Council MinutesK f. CITY OF CORCORAN City Council Meeting Minutes February 22, 2018 - 7:00pm The Corcoran City Council met on February 22, 2018 at City Hall in Corcoran, Minnesota. Present were Mayor Thomas, Councilor Bottema, Councilor Dejewski, Councilor Keefe, and Councilor LaFave. Also present were City Administrator Martens, City Planner Lindahl, City Attorney Thames, City Clerk/Administrative Services Coordinator Beise, Public Works Director Mattson, Public Works Superintendent Meister, and Director of Public Safety Gottschalk. 1. Call to Order/ Roll Call Mayor Thomas called the meeting to order at 7 :00 pm. 2. Pledge of Allegiance Mayor Thomas invited all in attendance to rise and join in the Pledge of Allegiance. 3. Agenda Approval City Administrator Martens noted a discussion of a Comprehensive Plan Work Session would be part of Item 12. MOTION: made by Dejewski, seconded by Bottema to approve the agenda as amended. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 4. Open Forum No persons were present to speak. 5. Presentations a. Planning Commission Annual Report and 2018 Priorities Planning Commission Vice Chair Schultz presented the report. b. Parks and Trails Commission Annual Report and 2018 Priorities Parks and Trail Commission Chair Tom Anderson presented the report. 6. Consent Agenda a. Draft Minutes of February 8, 2018 Council Meeting b. Award Contracts for 2018 Road Materials and Services c. Award Cropland Rental Contracts d. Resolution 2018 -19 Appointing Acting City Clerk e. Temporary Liquor License - Hamel Rodeo f. Mama G's Optional 2AM License Renewal Councilor Dejewski asked that Item 6d. be considered separately. MOTION: made by Dejewski, seconded by LaFave to approve the consent agenda consisting of Items 6a., 6b., 6c., 6e., and 6f. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5 :0) Council inquired about separation of roles with the City Administrator and Treasurer. City Administrator Martens noted with the Accountant position and department head review a separation of duties will remain intact for finances and the acting City Clerk appointment is required to meet statutory requirements. MOTION: made by Keefe, seconded by LaFave to approve Item 6d. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 7. Claims as Presented a. Escrow Claims (Fund #500) MOTION: made by Dejewski, seconded by Bottema to approve escrow claims as presented. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) b. All Other Financial Claims MOTION: made by LaFave, seconded by Keefe to approve all other claims as presented with the additional claims. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) 8. Staff Reports I Memos/Commissions a. Commissioner Representatives Mayor Thomas noted Planning Commissioner Schultz and Parks Trails Commission Chair Anderson were in attendance and invited them to speak on items related to their commissions. b. Planning Project Update The report was received. Council inquired if a different formatting technique could be used as the italics are hard to decipher. 9. Planning Business a. Development Contract for "Bass Lake Crossings South" a Mixed-Use Development at 19219 and 19235 County Road 10. City Planner Lindahl presented the report noting a new red-line version of the agreement was placed at the Council dais and in the house agenda packet based on a recent meeting with the applicant. Council inquired about substantive changes. City Planner Lindahl noted that dates and a clarification of dates fees were due. Council inquired about engineering memo. City Planner Lindahl noted that the applicant is provided a copy of the memo but is not typically attached to a development agreement. MOTION: made by LaFave, seconded by Keefe to adopt Resolution 2018-15 Approving Development Contract for "Bass Lake Crossing South" (Formerly Bass Lake Estates) for E & R Investments, LLC on the 39.98 acre site at 19219 and 19235 County Road 10. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) b. Public Hearing: Vacation of Drainage and Utility Easements for Ravinia 9th Addition City Planner Lindahl presented the report outlining a public hearing is required for vacating the drainage and utility easements and requiring new easements with the 9th Addition final plat. Mayor Thomas opened the public hearing. No persons were present to speak at the public hearing. MOTION: made by Keefe, seconded by Dejewski to close the public hearing. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) MOTION: made by Keefe, seconded by LaFave to adopt Resolution 2018-18 Approving Vacation of Drainage and Utility Easements Within the "Ravinia 9th Addition" Subdivision. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) c. Final PUD Development Plan, PUD Amendments, Vacation and Final Plat for U.S. Home Corporation for Ravinia 9th Addition City Planner Lindahl presented the report noting a letter was submitted to the City and provided at the Council dais and placed in the house agenda packet. City Planner Lindahl outlined the commission review of the project and noted the City Attorney recommended a change of condition 16c. to the resolution that was presented to the Planning Commission. City Planner Lindahl reviewed the PUD Amendment requests. Council discussed the easement dispute. City Attorney Thames clarified the intent of condition 16c. is to have the City not take sides and allow for approval of the plat. Council discussed the letter received from the Tabor's attorney. City Attorney Thames noted his opinion is that the language provided does not affirm Lennar's claim and the conditions for approval outline that Lennar must honor the easements rights which will be determined through the civil process. City Attorney Thames noted the development agreement indemnifies the City for plat approval and the language intent is to outline that the City will not take sides or be a part of the civil issue. Council discussed the dispute and clarified the City's role. City Attorney Thames noted that the City has been required to provide information on the City's processes. Council discussed involvement in a civil issue may open the City to lawsuits from either party and that the City's inaction is due to staying within the limits of the City's authority. City Attorney Thames noted that the City's obligations are being met by allowing for plat approval while outlining that easement rights should not be interfered with. Council discussed the change to the conditions in the resolution which could be viewed as siding with Lennar. City Attorney Thames noted there was not a change in the spirit of the approval just outlining that the parties must come to an agreement or a court determines the easement rights. Council discussed the easement and development. City Attorney Thames noted the development of the area outside of easement could occur however the easement rights would need to be determined through the resolution of the civil lawsuit or by other legal means. Council inquired about the City's responsibility to protect residents. City Attorney Thames noted the City does have a responsibility to residents but should the City take action the City it may be providing leverage to one party over another and the role of the City should not be to take a side. City Administrator Martens noted staff will be working to review scenarios and provide guidance on what the City can and cannot do related to the easement. Council discussed tabling the decision to review the information received from the Tabors. City Administrator Martens noted staff reviewed the letter and City Attorney Thames discussed the letter with the Tabor's attorney. City Planner Lindahl noted that tabling until the March 8th meeting would be within the sixty day requirement. City Attorney Thames noted the City could table the decision however it is likely that no resolution of the civil lawsuit is anticipated until a later date and the staff recommendation at this time is unlikely to change. Council inquired about the cost of tabling this action. City Administrator Martens noted no costs would be anticipated. Council discussed the approval process and allowing staff additional time to be able to answer questions related to the easement. MOTION: made by Keefe, seconded by Dejewski to table Item 9c. Final PUD Development Plan, PUD Amendments, Vacation and Final Plat for U.S. Home Corporation for Ravinia 9th Addition until March 8th, 2018. Paul Tabone, U.S. Home Corporation, addressed the council requesting that the Council not table the item as it is compliance with the preliminary plat. Denise Tabor, 19450 Gleason Road, addressed the Council providing an explanation for the timing of the letter and that there is a 2013 Resolution noting final plat development Voting Aye: Dejewski, Keefe, and LaFave Nay: Thomas and Bottema (Motion carried 3:2) d. Concept Plan and EAW Review - Encore Gary Brass, Immanuel United Methodist Church, addressed the Council on the proposed Pulte development noting that the church supports the project. Mr. Brass noted the benefit of sewer and water for the church and development in northeast Corcoran. Diane Padrnos, 19795 Hunters Ridge, addressed the Council on the proposed Pulte development. Ms. Padrnos inquired about the number of units as in different areas of the report the number of homes varies and where the data came from for the transportation study. Ms. Padrnos noted concerns with the traffic and congestion. Kathy Dickinson, 19725 Hunters Ridge, addressed the Council on the proposed Pulte development. Ms. Dickinson inquired about the sewer extension to the west. Ms. Dickinson noted they visited other Pulte developments as was suggested and no developments open into an existing neighborhood. Ms. Dickinson also noted that seniors today are more active. City Planner Lindahl presented the report noting the report does have different numbers as this is a sketch plan and lots are still being refined. City Planner Lindahl outlined the Environmental Assessment Worksheet process. City Planner Lindahl outlined the sketch plan noting PUD flexibility on lot sizes, on side yard setbacks, improvements on Stieg Road, and the sewer extension. Paul Heuer, Pulte Homes, addressed the Council on the proposal providing an update to what was previously presented in September 2017. Mr. Heuer noted that the proposal will be branded Del Webb, which will be the first Del Webb community in Minnesota. Council inquired about the homeowners association maintenance. Mr. Heuer noted the homeowners association starts with the developer and when 75 percent of the homes are occupied it is transitioned to the residents. Mr. Heuer outlined the sewer extension project. Council inquired about about the different sewer project cost estimates initial provided and the final numbers. Mr. Heuer noted that the sewer needs to be deeper than originally anticipated which increases costs. Council inquired about higher cost related to the recapture agreement. City Administrator Martens noted that TLAC charges are calculated off of the total project cost and developable acres and the City adjusts the TLAC charges as needed. Council inquired about a time limitation for the recapture agreement. City Administrator Martens noted the Lennar recapture agreement was 25 years and the City would likely be seeking a similar timeframe. Mr. Hoyer noted the agreement has not yet been negotiated. Council inquired about risk for the sewer project and the recapture agreement. City Planner Lindahl noted that the way that the current Lennar agreement is written is to have no risk to the City and the City would use the Lennar agreement as a model. Council discussed the recapture agreement. Council inquired about the size of the amenity center. Mr. Heuer noted the size has not been finalized. Council inquired about the use of the amenity center by the surrounding neighborhoods or mitigating impacts to the Hunters Ridge neighborhood. Mr. Heuer discussed the phasing, the traffic studies being completed and the trail access which are all aimed at mitigating the impacts of the development. Council inquired about trails and access. Mr. Heuer noted that he has a meeting with staff to iron out items with staff. Council discussed cut through traffic, side yard setbacks, and finances of the recapture agreement. Council discussed density, setbacks, buffering the existing neighborhood with the larger lot homes, and trails. Mr. Heuer noted the plan is to include trail connections and parking at the neighborhood park. Council discussed access for the commercial and industrial lots.Council inquired about the sewer route. Public Works Director Mattson noted that the current plan runs north of the Hunters Ridge neighborhood but could be adjusted depending on the cost and the need of availability for nearby properties. Council inquired about the sewer connection for the Immanuel United Methodist Church. Public Works Director Mattson noted a lateral line would provide access to any properties off of the trunk line who would want to be served by sewer. City Administrator Martens noted the developer would be required to extend a lateral connection to the church property line and the church would be responsible for connection fees and the cost of getting sewer from the property line to the buildings. Council discussed support for the project. City Administrator Martens asked for feedback from the Council related to the 'spite strip' located at the end of Hunters Ridge and whose responsibility should it be to fix it. Council discussed the responsibility of resolving the issue. City Planner Lindahl noted the City required the 'spite strip' to be dedicated as part of the Hunters Ridge development, however the land was not dedicated. Per consensus, staff was directed to work with the developer to resolve the 'spite strip'. Mayor Thomas recessed the meeting at 8:58pm. Mayor Thomas reconvened the meeting at 9:04pm. e. Pheasant Ridge 2nd Addition - PUD OSP Sketch Plan City Planner Lindahl presented the report outlining the development rights used in this project and the options for the road design. Council discussed the road options. City Planner Lindahl note a trail would need to be addressed and the developer would be responsible to paving Hidden Ponds Drive. Tony Bolduc, the applicant, addressed the Council on the project. Council inquired about the notification of neighbors. City Planner Lindahl noted a public hearing would be held. City Administrator Martens noted that likely staff would hold a neighborhood meeting related to project and paving of the road. Council discussed lot number 15. Mr. Bolduc noted lot 15 includes the original farmstead and would not like to tear down the barns. Mr. Bolduc noted he is working with additional property owners. Council discussed the project and roads. f. Concept Plan for Maple Hill Apartments City Planner Lindahl presented the report outlining the request noting the zoning and land discrepancy and that Maple Hill Road likely will need realignment at County Road 10 as part of the Comprehensive Plan update. Ryan Schwickert, MWF Properties, address the Council noting he would be available for questions. Council discussed their opinions of the project, design guidelines, financial assistance, location, design, and tax rates. Overall, there was little support for the project for a variety of reasons. Mr. Schwickert outlined the tax credits and discussed how City participation assists with the scoring of a project. Council inquired about Section 42 housing in Maple Grove and if townhome projects were available for this type of tax credit. Mr. Schwickert noted that townhome projects can be done but have tight margins and that tax rates are lower based on state tax code. Council discussed financial participation and not having funds available. Council discussed Crime Free Multi-Housing. 10. Unfinished Business a. 2018-2019 Capital Improvement Plan City Administrator Martens presented the report outlining the financing and the tentative timeline for bond sale. Council inquired about issuing debt once versus separately for the equipment and the purchase of land. City Administrator Martens noted that one issuance would save the City monies, however due to timing of issuing equipment certificates there is a potential to over or under bond. Council inquired about the Information Technology transition. City Administrator Martens noted an investment would need to be made in hardware or a transition to the cloud. Transition to the cloud reduces the need for continued hardware updates. Council inquired about the vac trailer. Public Works Superintendent Meister noted the vac trailer is use for utility locates, manhole covers, and MS4 permit activities and is anticipated to have a ten year equipment life expectancy. Public Works Superintendent Meister noted the equipment saved on time to complete projects and allows for less restoration work. Public Works Director Mattson noted the vac trailer is a versatile piece of equipment. Council inquired about the purchases. City Administrator Martens noted the purchases had changed slightly based on needs of the organization. MOTION: made by Keefe, seconded by Bottema to approve the 2018-2019 Capital Improvement Plan as presented and authorize staff to purchase the items outlined for 2018. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) b. Council Table Top Emergency Management Exercise Director of Public Safety Gottschalk presented the report. Council inquired about timing and noted the preference would be to hold it before a Council meeting. Per consensus, staff was directed to send out options for dates. 11. New Business a. Equipment Purchase - Bobcat Loaders City Administrator Martens presented the report. MOTION: made by Bottema, seconded by Dejewski to approve the purchase of the Bobcat loaders as recommended. . Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) b. Parks and Trails Commission Appointments City Administrator Martens presented the report noting staff completed significant advertisement. MOTION: made by Keefe, seconded by Dejewski to re- appoint Val Nybo and Judy Strehler to the Parks and Trails Commission for a term of March 1, 2018 - February 28, 2021 and re- appoint Jennifer Russell and Meredith Wu to the Planning Commission for a term of March 1, 2018 - February 28, 2021. . Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5 :0) c. Planning Commission Appointments Council re- appointed planning commissioners in the approval of Item 11 b. 12.2017 Council Schedule City Administrator Martens reviewed the upcoming schedule. City Administrator Martens noted a work session to review the Comprehensive Plan is requested for March 8th. Council discussed the time needed for the meeting. Mayor Thomas called for a 6:OOpm City Council work session on March 8th, 2018 prior to the regularly scheduled City Council meeting. 13. Council Liaison Calendar Councilor LaFave noted she would not be able to attend the July Planning Commission meeting. Councilor Bottema noted he would attend the March 20th Parks and Trails Commission meeting. 14. Adjournment MOTION: made by LaFave, seconded by Keefe to adjourn. Voting Aye: Thomas, Bottema, Dejewski, Keefe, and LaFave (Motion carried 5:0) Meeting adjourned at 10:17pm. Brad Martens- City Administrator