HomeMy WebLinkAbout2018-10-25 Council MinutesA
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CITY OF CORCORAN
City Council Meeting Minutes
October 25, 2018 - 7:00 pm
The Corcoran City Council met on October 25, 2018 at City Hall in Corcoran, Minnesota.
Present were Mayor Thomas, Councilor Bottema, Councilor Dejewski, Councilor Keefe, and
Councilor Schultz.
Also present were City Administrator Martens, City Planner Lindahl, City Attorney Thames, City
Clerk/Administrative Services Coordinator Beise, Public Works Director Mattson, Director of Public
Safety Gottschalk, and Code Compliance Official Pritchard.
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
MOTION: made by Keefe, seconded by Dejewski to approve the agenda as presented.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
4. Open Forum
No persons were present to speak at Open Forum.
5. Presentations
No presentations were heard.
6. Consent Agenda
a. Draft Minutes of October 11, 2018 Work Session
b. Draft Minutes of October 11, 2018 Council Meeting
c. Job Description Update — Rink Attendant
Councilor Bottema asked that Item 6c. considered separately.
MOTION: made by Keefe, seconded by Dejewski to approve the consent agenda consisting of
Items 6a. and 6b.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
Council discussed the rink attendant position scheduling and police visits. Director of Public Safety
Gottschalk noted the Police Department does visit the rink and is available should an attendant
need an officer. City Clerk/Administrative Services Coordinator Beise noted we had one returning
attendant and are seeking additional applicants.
MOTION: made by Schultz, seconded by Dejewski to approve Item 6c.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
7. Claims as Presented
a. Escrow Claims (Fund #500)
MOTION: made by Schultz, seconded by Keefe to approve escrow claims as revised.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5 :0)
b. All Other Financial Claims
MOTION: made by Dejewski, seconded by Schultz to approve all other claims as presented.
Council inquired on the Rolling Hills Road and Larkin Road Overlay Project, the County Road 10
and Fir Lane Turn Lane Improvements, and Ravinia Park Equipment.
Public Works Director Mattson noted the Rolling Hills Road and Larkin Road Overlay project is
completed and the payment request is 98% of the project value. Public Works Director Mattson
noted the County Road 10 and Fir Lane Turn Lane Improvement project is nearing completion and
the claims contain second payment request with the total amount paid representing 80% of the
project value. Public Works Director Mattson noted the Ravinia Park claim was related to the
playground equipment at the neighborhood park in Ravinia noting that it was representing a
majority of the project value however not all the equipment was installed. Council inquired about the
Ravinia Park equipment. City Administrator Martens noted the boulder was not yet installed and
was scheduled for a mid-November installation.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
8. Staff Reports I Memos/Commissions
a. Commissioner Representatives
Mayor Thomas noted Planning Commissioner Dean Jacobs and Parks and Trails Commissioner
Sharon Meister were in attendance and invited them to speak on items related to their
Commissions.
b. Planning Project Update; report received.
c. Code Compliance Quarterly Report
Council inquired on the Maple Hill Estates violations and the Minnesota Health Department
Inspection. Code Compliance Official Pritchard noted that City has worked with the Minnesota
Department of Health in the past two years with their inspections. Council inquired about the
success rate. Code Compliance Official Pritchard noted a 50% success rate when the City
completed its own inspections of the property. Council discussed process with the state on follow-
up on violations. Code Compliance Official Pritchard noted that the City can utilize the nuisance
ordinance to supplement the violations. Council discussed the violations and the process. Code
Compliance Official Pritchard noted that the state and the City collaborated on compiling the
nuisance information and the City will utilize the experience from working with the state to
understand future code enforcement needs.
d. Performance Report; report received.
9. Planning Business
a. Final Plat for Rush Creek Run
City Planner Lindahl presented the report noting final amount of park dedication due will be
dependent on final size of the required trail easement. Council inquired about trail easements. City
Planner Lindahl noted the trail easement for this property was through the property. City Planner
Lindahl noted trail easements are taken per the City's Parks and Trails plan and based on a review
of the parcel. Council discussed trail connections. City Planner Lindahl confirmed that if adjacent
properties develop their trail easements would need to align.
MOTION: made by Keefe, seconded by Bottema to adopt Resolution 2018-62 Approving Final Plat
for "Rush Creek Run" for LBJ Country Estate, LLC on the 60-Acre Site at (PI D 28-119-23-22-0003)
(City File 18-026).
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
The applicant thanked staff for their assistance.
b. Development Rights Appeal for Property at 22901 Oakdale Drive
City Planner Lindahl presented the report. Council inquired about the subdivision next to the
property and if development rights had been used. City Planner Lindahl noted the adjacent property
was platted before the development rights program. Council discussed development rights.
MOTION: made by Dejewski, seconded by Keefe to adopt Resolution 2018-83 Approving an
Amendment to the Development Rights Map for Property at 22901 Oakdale Drive (PID 05- 119 -23-
31 -0001) (City File 18-032).
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
c. Nuisance Ordinance Amendment
City Administrator Martens noted that Councilor Dejewski reached out to staff with several
suggestions for the ordinance and the Council could table the item to work through things with staff
or have an open discussion. Per consensus, Councilor Dejewski was given the floor to discuss his
suggestions for the nuisance ordinance. Council discussed tools for enforcement and increased
enforcement. Council inquired about the differences for renters versus owners for abatement
purposes. City Attorney Thames noted the owner and tenant have rights and in certain cases
consent of the owner and tenant would be required. Council discussed nuisance abatement. City
Attorney Thames noted if consent is given by the owner and the tenant staff would be able to abate,
however he would caution situations where staff needs to determine abatement without the
information needed to determine who needs consent. Council discussed the procedures in the
proposed ordinances. City Attorney Thames noted if voluntary compliance isn't met the City would
utilize court ordered abatement providing less liability and due process. Council discussed fee
responsibilities for the abated property. City Attorney Thames noted the Code states that the City
will try and collect the fees from the property owner. City Council discussed ordinance and
enforcement. City Attorney Thames noted the City has the ability to go after the owner or tenant.
Council discussed parking requirements. City Planner Lindahl noted that the current ordinance does
not have a limited number of cars kept. Council discussed open burning and the requirements.
Director of Public Safety Gottschalk noted the fire code sets most requirements including the 3 foot
diameter recreational fire maximum and the distance from structures. Director of Public Safety
Gottschalk noted the limit on number of recreational fires is to ensure that property owners don't
start several smaller fires to avoid getting a larger burning permit during burning bans. Council
discussed burning of leaves. Director of Public Safety Gottschalk noted that burning of leaves is
only permitted by ordinance and the City's code currently does not address leaf burning. Council
discussed snow cover and open burning. Director of Public Safety Gottschalk noted you'd be
exempt from the need for a burn permit. Council discussed the removal of construction storage. City
Planner Lindahl noted language from the zoning ordinance regarding this was moved to the
nuisance chapter to help with enforcement. Council discussed storage of vehicles and storage
containers. City Planner Lindahl noted that parking of a construction trailer for additional office
space or a permanent storage trailer rather than a permanent structure wouldn't be allowed
however storage pods on a temporary basis may be allowed if it is servicing the residence. Council
discussed timeframe for storage containers and moving vans. City Planner Lindahl noted for
additions to commercial spaces typically temporary office spaces like construction trailers would be
reviewed as part of the site plan. Code Compliance Official Pritchard noted a business who had a
fire needed a temporary office space for over a year during construction and the ordinance limits
temporary structures from becoming permanent additions to a site. Council discussed additional
enforcement. City Attorney Thames noted the City can use the proposed structure with prosecution
to gain compliance.
MOTION: made by Keefe, seconded by Schultz to adopt Ordinance 2018-380 Amending the Text
of Chapter 80 of the Corcoran City Code Related to Abandoned and Junk Vehicles (City File 18-
013).
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
MOTION: made by Bottema, seconded by Thomas to adopt Ordinance 2018-381 Amending the
Text of Chapter 82 of the Corcoran City Code Related to Nuisances (City File 18-013).
Council discussed staff partnering with individual property owners to address specific nuisance
issues.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
MOTION: made by Schultz, seconded by Bottema to adopt Ordinance 2018-382 Amending the
Text of Chapter 82 of the Corcoran City Code Related to Open Burning (City File 18-013).
Council inquired about if changes were being made to the snow cover exemption for burn permits.
City Administrator Martens noted no changes for the snow cover exemption were being proposed.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
MOTION: made by Keefe, seconded by Bottema to adopt Ordinance 2018-383 Amending the Text
of Chapter 1080 of the Corcoran City Code Related to Performance Standards (City File 18-013).
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
MOTION: made by Keefe, seconded by Bottema to adopt Resolution 2018-84 Approving Findings
of Fact for an Ordinance Amending the Text of Title Vill (General Regulations) and Title X (Zoning
Ordinance) of the Corcoran City Code Related to Nuisances
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
MOTION: made by Schultz, seconded by Keefe to adopt Ordinance 2018-384 Summary Ordinance
of 2018-380, 2018-3811 2018-382, and 2018-383.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
Council thanked staff for their work on the ordinance updates. City Administrator Martens noted
staff will be working with Council to outline priorities for partnering with property owners and
enforcement. Council discussed the format and content of the minutes.
10. Unfinished Business
No unfinished business was presented.
11. New Business
a. Watershed LGU Options
City Administrator Martens presented the report noting that an Local Government Unit (LGU) is
responsible for enforcing the wetland conservation act. City Administrator Martens noted the City's
current LGU is the Elm Creek Watershed Commission (ECWC) who voted to begin charging the
City for LGU services. City Administrator Martens noted the Elm Creek Watershed Commission
(ECWC) by a majority of the Commission can make amendments to the Storm water Management
Plan. Council discussed the transition of LGU services. City Administrator Martens noted the City
would hire a consultant and the ECWC is willing to assist in the transition. Council inquired about
the ability of the ECWC to make amendments to the Storm water Management Plan. City Attorney
Thames noted that the ECWC does not have the power to make the City consent, however could
dissolve and start over without the City. Council discussed the authority of the ECWC. City Attorney
Thames noted the Joint Powers Agreement allows a majority vote for a change to LGU services.
City Attorney Thames noted legal challenges against the ECWC could be brought but would likely
not have different results as the other Cities in the watershed are all paying for LGU services and
getting the other services of the watershed. Council discussed having more local control if the City
provides the LGU services. City Attorney Thames noted the City providing the LGU services would
provide a more streamlined process for billing residents for violations. Council inquired about
authority to residents for violations. City Administrator Martens noted the City believes it has the
authority to charge residents for violations. Council inquired about staffing for the LGU services.
City Administrator Martens noted it would start as a consultant position and may be added to a
future staff position eventually should there be additional needs. Council inquired about
development plan review. City Administrator Martens noted plan review would continue to be a
function of the ECWC. Council inquired about the timeline and changes the ECWC could
implement. City Administrator Martens noted the ECWC wanted the City to take on services in 2018
but the City negotiated a 2019 start. Public Works Director Mattson noted the ECWC could change
how they interpret permits, laws, and standards. Council discussed the assessment process.
Council discussed possible actions.
MOTION: made by Schultz, seconded by Dejewski to direct staff to begin preparations to begin
LGU services beginning January 1, 2019.
Voting Aye: Thomas, Dejewski, Keefe, and Schultz Nay: Bottema
(Motion carried 4:1)
b. Draft 2019 Water and Sewer Budgets
City Administrator Martens presented the report. Council inquired about the water base rate
recommendation. City Administrator Martens noted the proposed $15.00 base fee would move the
City closer to having the enterprise fund be self-sufficient and would be defendable. Council
discussed the rate and the financial plan for the utilities. City Administrator Martens noted that rates
are typically increased early in the life-cycle of the system to ensure financial viability. Council
discussed rates.
MOTION: made by Dejewski, seconded by Schultz to direct staff to complete the draft budgets as
presented.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
c. 2019 Benefits Program
City Clerk/Administrative Services Coordinator presented the report noting the rates received were
slightly below the 2019 budgeted amount and the total budget impact is subject to change based on
actual enrollment. Council inquired about the plans being experience rated. City
Clerk/Administrative Services Coordinator Beise noted that the City is part of the small group
market and our rates are not based on our individual experience. Council discussed the plan and
compensation philosophy. Council inquired about the City's broker. City Clerk/Administrative
Services Coordinator Beise noted the City had had the same broker for several years as the City
was previously part of the LOGIS group. Council discussed completing and RFP for broker
services. Council inquired about the 70/30 employer/employee split of premium increases. City
Administrator Martens noted that it had been a long-standing practice and currently there is
language in the union contract reflects the 70/30 split of premium increases. Council inquired about
the HSA premium increase. City Clerk/Administrative Services Coordinator Beise noted the $200
increase recommendation was to match the current deductible as the plans have changed and the
city can no longer have a $2800 deductible with Health Partners. City Administrator Martens noted
the HSA contribution covers the deductible for single coverage. Council discussed compensation,
benefits, and brokers. Director of Public Safety Gottschalk noted that in 2016 the City received a
decrease in the health insurance costs and part of the negotiations revolved around a lower City
cafeteria plan contribution and adding an HSA contribution. Council inquired about cost impacts.
City Administrator Martens noted the current plan is approximately $1000 under budget and the City
won't have exact numbers until open enrollment is completed.
MOTION: made by Schultz, seconded by Keefe to authorize staff to use age banding to establish
average insurance rates for employees; authorizes staff to establish two stipends for single and
non-single coverage basing the increase of the stipend on 70% (employer) / 30% (employee) on the
increase from 2018 monthly premiums; authorize staff to establish the 2019 employer contribution
towards the HSA at $3,000; and authorize staff to continue with all other benefits as outlined 2018.
Voting Aye: Thomas, Bottema, Dejewski, and Keefe Abstain: Schultz
(Motion carried 4:0)
d. Recognition Program Amendment
City Administrator Martens presented the report noting the current amount limits staff ability to hosts
events such as the holiday recognition lunch with 50 persons in attendance.
MOTION: made by Bottema, seconded by Keefe to approve Resolution 2018-85 Amending A
Recognition Program for Employees, Elected Officials and Appointed Officials.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
e. Study for Regional Surface Water Supply System
City Administrator Martens presented the report outlining there are not requirements for committing
to using surface water as part of the study.
MOTION: made by Bottema, seconded by Schultz to approve Resolution 2018-86 Supporting
Metropolitan Council Study for Northwest Metropolitan Area Regional Surface Water Supply
System.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
f. Open Space & Preservation Plat Work Session Schedule
City Administrator Martens presented the report noting November 27th and December 4th the two
dates proposed. Council discussed dates.
MOTION: made by Schultz, seconded by Keefe to approve schedule a work session on November
27th at 5:45pm.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 5:0)
Council discussed having light snack available for members.
12. Closed Session — Easement Agreements for Bellwether
Mayor Thomas stated:
"Under the authority of Minn. Stat. 13D.05 Subd. 3(c) (3), the City is permitted to close a meeting to
consider offers and counter offers for the purpose of real estate. The City Council is now going into
closed session to consider an offer for the purchase of real estate. The following property is the
subject of the closed meeting: 10585 County Road 101, 10409 County Road 101, 19319 Stieg
Road, 19301 Stieg Road, 19330 County Road 30, and PID 12-119-23-14-0006.
Mayor Thomas recessed the meeting at 9:13pm.
Mayor Thomas reconvened the meeting at 9:28pm.
In the closed session the City Council discussed and offer for the purchase of real estate; staff was
provided direction."
13. 2018 Council Schedule
City Administrator Martens reviewed the Council schedule. Council inquired about the
Request for Contribution for the Dayton Parkway Interchange. City Administrator Martens noted that
staff would present the proposal for the Council to review and discuss at the November 8th meeting
and the following meeting would anticipate a vote on the contribution. Council inquired about the
pictometry agreement with Hennepin County. City Clerk/Administrative Services Coordinator Beise
noted it was for access to certain GIS data from Hennepin County. City Administrator Martens
asked if Councilor Schultz would be able to attend the Planning Commission meeting in December
and noted an opening for the November 2oth Parks and Trails Commission meeting. Councilor
Schultz noted he would be able to attend the December Planning Commission meeting. Council
discussed a Council liaison with the Elm Creek Watershed Commission. City Administrator Martens
noted that the City did receive an application for the Elm Creek Watershed Commission which it will
bring to the next City Council meeting.
14. Council Liaison Calendar
The Council liaison calendar was not reviewed, but was available in the Council Packet.
15. Adjournment
MOTION: made by Keefe, seconded by Bottema to adjourn.
Voting Aye: Thomas, Bottema, Dejewski, Keefe, and Schultz
(Motion carried 3:0)
Meeting adjourned at 9:35 pm.
J sica Beise —City Clerk/Administrative Services Coordinator