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HomeMy WebLinkAbout2004-04-21 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL April 21, 2004 OPEN FORUM — 7:15 p.m. �� �� Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance and Administrative Services Director Howard Blin, Community Development Director Tom Thompson, Consultant, BRAA Mike Zurbey, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney No one stepped forward during Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 21, 2004, at the Cottage Grove City Hall, 7516 80� Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance and Administrative Services Director Howard Blin, Community Development Director RegularMeeting—Apri121, 2004 Cottage Grove City Council Page 2 Tom Thompson, Engineer Consultant, BRAA Mike Zurbey, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney, Kennedy & Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS Gradinq Permit for Bailev Nurseries Greenhouse Site. Community Development Director Howard Blin provided the Council with a brief overview of the proposed grading operation. He stated that Bailey Nurseries has applied for a grading permit for its greenhouse at 6600-103 Street South. The grading permit is administratively reviewed and staff is prepared to issue the permit. Conditions outlined in the permit would ensure that impact to the surrounding area is minimal. Blin reviewed the hours of operation and the hauling route. Bailey Nurseries would also contact neighboring property owners to satisfy the City's request to enhance communications with their neighbors. Blin introduced Steve Kline, of Barr Engineering, and John Bailey of Bailey Nurseries. Steve Klein, Barr Engineering, provided the Council with an overview of the site location. He stated that the present operation includes a large greenhouse area and a variety of plant fields. He explained that Bailey Nurseries, over the next five to ten years, plans to expand their greenhouse areas. One of the key components of an operation of this nature is the excavation of stormwater ponds on the site. Klein noted that they plan to remove some sand to be used as base material for future greenhouse sites. Klein stated that this project would also take into consideration the increased runoff that would be created from the future greenhouse areas in addition to addressing the 100-year flood issue where the railroad bridge crosses 103 Street. In order to manage the future flow and try to remove the 100-year flooding issue, several things would be done throughout the project. Klein explained that they plan to excavate two ponding infiltration basins that would divert the drainage from an area to the north and redirect it into ponding basins. He noted that the nurseries would take the majority of their own on-site drainage into these ponds. No pipe will protrude from the area and all eroded materials would remain on-site. Klein noted that the City is planning, as part of the easement process, to construct a larger outlet from the south pond, which would drain the basin first to the west, then to the south, discharging into the Mississippi River. He explained that in order to create the ponding Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 3 basins, there would be some overburden materials removed such as bedrock, sand and gravel. Klein noted some of the rock materials would be excavated and crushed whereas the harder rock would have to be blasted. He reviewed the rock crusher location and blasting process with Council noting that most of the operations would be screened from visibility to the surrounding residential areas. Klein reviewed the project timeline stating that the construction timeframe for the basins would be from October to January, 7:00 a.m. to 4:30 p.m., Monday through Friday. He stated that there would be an average of 50 trucks a day leaving the site and highlighted the route. Klein indicated that Staff expressed concerns regarding potential noise due to the excavation and crushing operations, and assured Council that the process would not create a major noise issue. He noted that the crusher and screening operations decibel levels are consistent with the Minnesota Pollution Control Agency (MPCA) requirements for noise levels with this type of equipment. Klein stated that the closest home is approximately 2,000-feet away from the operations and, based on noise reduction computations, the noise levels from the operation would average at approximately 70 decibels. Klein explained that it is their belief that the vibrations from the blasting operations would be similar to the vibrations of a passing train. He stated that the contractor, Jim Rumpca, would have a water truck on-site during operations to control the dust. Klein indicated that presently there are over 300 trees planted along their east property line. He stated that it is their plan to plant an additional 1,000 trees to replace the trees that would be removed during construction. Many of the trees that would be removed are not highly valued trees, such as a box-elder. He noted that it has taken approximately 20 years for the existing greenhouse area to reach its present point and indicated that they plan to add greenhouses as the business requires. Mayor Shiely stated that she has some concerns. She stated that one concern is with the number of years this process will take. Shiely also referenced the drainage issues near the railroad bridge and asked for clarification on how they plan to alleviate the problem. Mr. Klein explained that the diversion of the water would be dealt with first. He explained that they would construct the diversion piping to direct water away from the area and into the ponding areas. The new pipe would be constructed this year and new berming would be added to correct the flooding on 103 Street. Klein explained that the nursery currently does not have a need for the proposed number of greenhouses, explaining that the proposal is based on a long-range projection that anticipates their need to build in the future. Klein assured the Council that the drainage and runoff in each area would be managed internally during construction. He acknowledged Mayor Shiely's concerns regarding the railroad bridge area and expressed his agreement that there is a mess along the trestle. He stated that the proposed diversions would help to considerably alleviate the drainage problems and flooding in the surrounding areas. Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 4 Council Member Wolcott referenced the blasting of the bedrock from the ponding areas and asked if they plan to do anything special to ensure proper infiltration. Mr. Klein assured the Council that the area was quite porous and infiltration would not be an issue. Council Member Wolcott clarified that the pond would infiltrate and drain properly and asked if the ponds would be dry except during rains. Mr. Klein explained that under normal events the ponding would work very nicely as an infiltration basin. He further explained that based on the hydrology they have done they do not believe there would be a problem. He stated that if the pond fills, the nursery would utilize a portable pump system that would allow them to drain to the south. Landlocked ponds of this nature require some form of operating plan. He stated that he does not foresee this occurring very often and assured the Council that the system downstream would be able to handle it. Council Member Wolcott asked Mr. Klein to continue to take all of this into consideration when designing the ponds and asked that they make the ponds large enough to handle the 100-year flooding. Council Member Wolcott referenced landscaping and asked if they have considered any plantings along the border areas. Mr. Bailey stated that they have planted a number of trees along the buffer and plan to add more in the area to provide additional buffer to the residential areas. Mayor Shiely asked Mr. Bailey to continue to keep a good relationship with the neighbors in the area and asked them to notify the residents of the blasting and timeframe. Mr. Bailey assured the Council that they would communicate the process with their neighbors. He stated that they plan to meet with the neighbors to explain what is happening at their facility. Council Member Kohls stated she has two concerns. She asked for further clarification of the infiltration of the ponding area and what they expect for a rate of infiltration. Kohis referenced the pesticides used and asked whether they should expect any form of contamination into the ponds and what they plan to do to avoid contamination. Mr. Klein explained that the greenhouse helps to control pesticides stating that there is no runoff from the greenhouses. He further explained that all of the facilities have covers to alleviate rain runoff through the greenhouse areas. This type of operation allows for more prevention of contamination. Council Member Kohls referenced the number of trucks that would be moving in and out of the area and the timeframes. She expressed concerns regarding potential safety hazards in icy areas and the weight of the trucks. Kohls asked if they plan to do additional sanding in the area and whether salt trucks would be brought to the area right away, as needed. She asked for assurance that they would contact Public Works immediately with any potential issues. Mayor Shiely agreed that this is a valid point to consider. She referenced a recent letter in the South Washington County Bulletin from a Bailey Nursery emplo�ee that complimented the Public Works Department for taking such good care of the 103` Street area. Mr. Klein Regular Meeting — April 21, 2004 Cottage Grove City Council Page 5 assured the Council that Baileys would work together with the Public Works Department to address any issues or concerns. B. APPOINTMENTS NONE APPROVAL OF MINUTES A. March 3, 2004 Regular Meeting. Mayor Shiely stated that the minutes stand approved, as presented. CONSENT CALENDAR Mayor Shiely pulled Item 4D and Item 4E for further discussion. She stated that both Items involve donations to the City for the annual Youth Safety Camp. She stated that she would like to verbally acknowledge the businesses that donated and reviewed the names of each business with Council. Council Member Kohls asked to pull Item 4R and Item 4S for further discussion. She referenced Item 4R noting that the Lower St. Croix Water Management Organization has been working on the plan. She stated that she spoke with the consulting engineers adding that a representative is present and would like to review the process with Council. Jennifer Olson, Consultant to the Lower St. Croix Water Management Organization provided the Council with an overview of the background information and activities in progress for the Watershed District. She highlighted the cities involved in the Watershed District and explained that it is governed by a joint powers agreement. Ms. Olson noted that the Watershed District is currently in the process of developing a Watershed Management Plan, explaining that as part of the planning process, they have worked with member communities and Staff on the areas that the Watershed wants to focus on over the next five years. She reviewed the five main issues and plans noting that this is their main focus over the next five years. She referenced an article recently published in the South Washington County Bulletin that encourages residents to express their concerns and issues to the Watershed group. She also encouraged feedback from the Council regarding their issues and concerns. She stated that they are currently working to identify the projects and funding options available to the Watershed District and reviewed with Council. Mayor Shiely asked if the Planning Staff has reviewed the funding options and has any suggestions. Community Development Director Blin explained that the plan would include a provision that funding for each community would be in proportion to each area rather than in proportion to the amount of land in the Watershed District. Council Member Kohis further clarified the funding process with Council. Regular Meeting — Apri121, 2004 Cottage Grove Cfty Council Page 6 Ms. Olson stated that they plan to submit their final plan in June and indicated that each City would receive copies that would include a comment period for their feedback. Council Member Kohls stated that they continue to move forward noting the deadlines. She stated that she is amazed at how far they have come in the planning process adding that Ms. Olson has done an excellent job. She encouraged the Council and community to provide feedback noting that it is to everyone's benefit that they continue to move forward. Council Member Kohls referenced Item 4S, the Skateboard Park. She noted that the equipment would be purchased from True Ride Inc. and referenced the warranty periods. She stated that she touched base with Jason West requesting copies of the warranty information. She stated that she is very pleased with the warranty plan considering the amount of money that is to be spent. She asked for further clarification on the liability issues and what would happen if a child were to get hurt. City Administrator Schroeder explained that the City has medical premises coverage through the League of Minnesota Cities. He stated that this would cover a portion of the liability and that the rest would fall under the City's general ledger funding. Schroeder assured the Council that the City typically does not have very many park-related claims. Council Member Kohls asked if signs would be posted. City Administrator Schroeder stated that signs would not be posted. He explained that they cannot be completely indemnified from all claims. He noted that some cities are considering removing park facilities altogether in order to avoid liabilities. City Attorney Thomson reviewed the liability issues and assumption of risk with Council. She explained that there is a risk inherent noting that the City would have liability if they were not properly maintaining the equipment. She stated that with every piece of property and equipment there are risks and defenses. Council Member Kohls stated that $50,000 is a lot of money and acknowledged that the funds would come from the Park Trust Fund for the Hamlet Park expansion. She clearly stated that she does not want to hear in the future that the project has run short by $50,000.00. She expressed concerns that this could happen adding that she does not want to see any change orders or additional expense requests because of this. MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PUBLIC WORKS COMMISSION MEETING OF MARCH 8, 2004. B. AUTHORIZE ISSUANCE OF A TOBACCO LICENSE TO AJS COMPANY, INC./DBA COTTAGE GROVE BP, LOCATED AT 8005 GRANGE BOULEVARD, FOR THE PEROD ENDING DECEMBER 31, 2004, CONDITIONED ON: i. APPLICANT PROVIDING THE CITY CLERK WITH A FULLY-EXECUTED COPY OF THE PURCHASE AGREEMENT UPON CLOSING OF THE SALE; AND Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 7 C. � E. G. : ii. COMPLIANCE WITH THE COTTAGE GROVE CITY CODE AND MINNESOTA STATUTES RELATING TO TOBACCO. APPROVE THE CERTIFICATE OF APPROPRIATENESS TO ALLOW ROOF REPAIRS AT 7405 LAMAR AVENUE SOUTH, WHICH IS LISTED IN THE CITY'S REGISTER OF HISTORIC PLACES AND LANDMARKS. ADOPT RESOLUTION NO. 04-053, A RESOLUTION ACCEPTING DONATIONS TOTALING $1,785.00 FROM COTTAGE GROVE LIONS ($500), XCEL ENERGY ($250), THE DECK AND DOOR COMPANY ($150), JOHN S. GERMO INSURANCE AGENCY ($100), MAJESTIC RENTALS ($100), MARATHON ASHLAND PETROLEUM LLC ($100), COTTAGE GROVE ESTATES ($100), PARK GROVE PET HOSPITAL ($100), TCF NATIONAL BANK ($100), NEWPORT ST. PAUL COLD STORAGE COMPANY ($50), F.M. FRATTALONE EXCAVATING & GRADING, INC. ($50), BORST CONSTRUCTION, INC. ($50), COTTAGE GROVE DAIRY QUEEN ($50), KOK FUNERAL HOME ($35), RUMPCA SERVICES, INC. ($25) AND SMP LOGISTICS ($25), FOR THE 11 ANNUAL YOUTH SAFETY CAMP. ADOPT RESOLUTION NO. 04-054, A RESOLUTION ACCEPTING DONATION OF $1,800 FROM 3M COTTAGE GROVE FOR THE 11TH ANNUAL YOUTH SAFETY CAMP. APPROVE THE BAILEY NURSERIES DRAINAGE EASEMENT AGREEMENT. ADOPT RESOLUTION NO. 04-055, A RESOLUTION APPROVING THE FINAL PLAT NAMED PINE ARBOR 2 ADDITION. ADOPT RESOLUTION NO. 04-056, A RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES TO BE USED FOR THE 2004 COTTAGE GROVE TRAILWAY INSTALLATION PROJECT. APPROVE THE INSTALLATION OF 35,000 POUNDS OF CRAFCO 535 JOINT SEALANT FROM NORTHWEST ASPHALT MAINTENANCE FOR $16,940 OR $.484 PER POUND. J. ADOPT RESOLUTION NO. 04-057, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $9,093.65 TO BURSCHVILLE CONSTRUCTION, INC. ON THE PINE SUMMIT 2ND ADDITION PROJECT. ADOPT RESOLUT/ON NO. 04-058, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $15,549.32 TO BURSCHVILLE CONSTRUCTION, INC., ON THE PINE SUMMIT 3RD ADDITION PROJECT. K. APPROVE CHANGE ORDER #2 FOR THE CONSTRUCTION OF THE TURN LANE AND PATHWAY IN PINE ARBOR 1 ADDITION. L. PASS ORDINANCE NO. 761, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING TITLE 3-1 OF THE COTTAGE GROVE CITY CODE RELATING TO AMUSEMENTS. ADOPT RESOLUTION NO. 04-059, A RESOLUTION DELETING THE AMUSEMENT LICENSE INVESTIGATION FEE FROM THE CITY'S FEE SCHEDULE. M. ADOPT RESOLUTION NO. 04-060, A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. N. ADOPT RESOLUT/ON NO. 04-061, A RESOLUTION APPROVING BUDGET ADJUSTMENTS TO THE 2003 BUDGET. RegularMeeting—April21, 2004 Cottage Grove City Council Page 8 O. ADOPT RESOLUTION NO. 04-062, A RESOLUTION APPROVING INTERFUND TRANSFERS BETWEEN FUNDS. ADOPT RESOLUT/ON NO. 04-063. A RESOLUTION AUTHORIZING CLOSING CERTAIN FUNDS � � ADOPT RESOLUT/ON NO. 05-064. A RESOLUTION AUTHORIZING INTERFUND LOANS OF $5,500 TO THE 2003 IMPROVEMENT FUND (562) AND $2,000 TO THE 2004 IMPROVEMENT FUND (563). ADOPT RESOLUTION NO. 04-065, A RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND SETTING A BID DATE FOR THE 2004 CURB AND PAVEMENT MANAGEMENT PROJECT. ADOPT RESOLUT/ON NO. 04-066, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW T-MOBILE TO INSTALL WIRELESS TELEPHONE ANTENNAS ON TOP OF THE CITY'S 3.0 MILLION GALLON WATER RESERVOIR AT 8520 — 81 ST STREET SOUTH AND TO CONSTRUCT AN EQUIPMENT SHELTER; AND ADOPT RESOLUTION NO. 04-067, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SPRINT SPECTRUM TO INSTALL WIRELESS TELEPHONE ANTENNAS ON TOP OF THE CITY'S 3.0 MILLION GALLON WATER RESERVOIR AT 8520 — 81 ST STREET SOUTH AND TO CONSTRUCT AN EQUIPMENT SHELTER. R. AUTHORIZE ENDORSEMENT OF THE ISSUES AND ISSUE STATEMENTS SECTION OF THE DRAFT LOWER ST. CROIX WATERSHED MANAGEMENT ORGANIZATION MANAGEMENT PLAN. S. ACCEPT STAFF'S RECOMMENDATION TO REPLACE THE SKATE PARK EQUIPMENT IN HAMLET PARK FROM TRUE RIDE, INC., FOR AN AMOUNT NOT TO EXCEED $49,998.16. T. APPROVE THE 2004 THROUGH 2O06 EMERGENCY MEDICAL SERVICES CONTRACT BETWEEN THE CITY OF COTTAGE GROVE AND THE CITY OF NEWPORT AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE CONTRACT. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES A. Response to Richard Polta Reqardinq 2001 Flood Damaqe Repairs — Grev Cloud Island. Mayor Shiely asked if a letter has been sent to Richard Polta regarding the flood damage repairs. City Administrator Schroeder stated the letter is being prepared and would be sent snortiy. PUBLIC HEARINGS � LLC/DBA Rubv Tuesdav Restaurant. RegularMeeting—April2l, 2004 Cottage Grove City Council Page 9 Mayor Shiely opened the Public Hearing at 8:25 p.m. Mayor Shiely closed the Public Hearing at 8:26 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO AUTHORIZE THE ISSUANCE OF AN ON-SALE INTOXICATING AND ON-SALE SPECIAL SUNDAY INTOXICATING LIQUOR LICENSE TO RT MINNEAPOLIS FRANCHISE LLC/DBA RUBY TUESDAY RESTAURANT, 7350 HARDWOD COURT SOUTH, CONDITIONED ON ISSUANCE OF A CONDITIONAL USE PERMIT, COMPLIANCE WITH ALL STATE AND LOCAL LIQUOR LAWS, RECEIPT OF A CERTIFICATE OF LIQUOR LIABILITY (DRAM SHOP) INSURANCE, ISSUANCE OF A CERTIFICATE OF OCCUPANCY BY THE CHIEF BUILDING OFFICIAL, AND SATISFACTORY COMPLETION OF A BACKGROUND INVESTIGATION OF THE MANAGER IN CHARGE OF THE PREMISES, ON BEHALF OF THE LICENSEE. SAID LICENSES SHALL EXPIRE DECEMBER 31, 2004. MOTION CARRIED 5-0. B. Hold the Public Hearinq and Consider Authorizinq Issuance of an On-Sale Intoxicatinq and On-Sale Special Sundav Intoxicatinq Liquor License to American Motorsports Bar and Grill, Inc. Mayor Shiely opened the Public Hearing at 8:26 p.m. Mayor Shiely closed the Public Hearing at 8:27 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO AUTHORIZE THE ISSUANCE OF AN ON-SALE INTOXICATING AND ON-SALE SPECIAL SUNDAY INTOXICATING LIQUOR LICENSE TO AMERICAN MOTORSPORTS BAR AND GRILL, INC., 7240 EAST POINT DOUGLAS ROAD, CONDITIONED ON ISSUANCE OF A CONDITIONAL USE PERMIT, COMPLIANCE WITH ALL STATE AND LOCAL LIQUOR LAWS, RECEIPT OF A CERTIFICATE OF LIQUOR LIABILITY (DRAM SHOP) INSURANCE, ISSUANCE OF A CERTIFICATE OF OCCUPANCY BY THE CHIEF BUILDING OFFICIAL, AND SATISFACTORY COMPLETION OF A BACKGROUND INVESTIGATION OF A BACKGROUND AND FINANCIAL INVESTIGATION OF THE APPLICANT. SAID LICENSES SHALL EXPIRE DECEMBER 31, 2004. MOTION CARRIED 5-0. BID AWARDS A. Consider Adoption of Resolution Awardinq Bid for the 2004 Sealcoat Proiect to Pearson Brothers. Inc. in the Amount of $138,687.73. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 04-068, A RESOLUTION AWARDING BID FOR THE 2004 SEALCOAT PROJECT TO PEARSON BROTHERS, INC., IN THE AMOUNT OF $138,687.73. MOTION CARRIED 5-0. B. Consider Adoption of Resolution Awardinq Bid for the Phase 1 Tree Mitiqation to Hoffman & McNamara in the Amount of $59,585.00. Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 10 Council Member Rice asked Public Works Director Burshten if they are familiar with Hoffman & McNamara's work. Public Works Director Burshten stated that they have done work in the City before and have done a very nice job. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 04-069 A RESOLUTION AWARDING BID FOR THE PHASE ONE TREE MITIGATION TO HOFFMAN & MCNAMARA IN THE AMOUNT OF $59,585.00. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider the Disposition of Three Parcels of Tax-Forfeited Land in the Citv of Cottaqe G rove. Community Development Director Blin stated that on March 1, 2004, Washington County notified the City of three (3) properties within Cottage Grove that have gone tax forfeit. He explained that per state statutes, the City has 60-days from the date of notification to classify the properties for sale or to request conveyance of tax-forfeited land to a government subdivision. If local communities do not request conveyance of properties, the Minnesota Department of Natural Resources has an option to retain the properties for public sale. Blin then reviewed the locations of the properties with Council stating the first and largest parcel has been identified as Pine Glen Park, which was supposed to have been deeded to the City as a part of the development of the Pine Glen Neighborhood. The property has an appraised value of $220,000. Blin stated that because this is a developed neighborhood park that is a part of the City's parks and open space system, Staff is recommending that the Council request a conveyance of this parcel to the City. Blin stated that the second parcel is a small strip of land surrounding the perimeter of the Cottage Square Mall. He stated that the property has an appraised value of $200. He explained that this parcel could be incorporated into the open space and buffers planned for the redevelopment plans of the site and Staff is recommending that Council request a conveyance of this parcel to the City. Blin stated that the third parcel is a 2.0-acre tract of land located at 7000-70�" Street that currently has a homestead located on it. He stated that the site is adjacent to public right-of- way and a steep ravine separates the parcel into two distinct landmass areas. This parcel requires some policy and cost discussions by Council prior to action being recommended or taken. He noted that the property has an appraised value of $241,600 and that Staff is recommending that the City express an interest in the property but not acquire it at this time. He stated that this property has been cited in the past for nuisance violations and is still in violation of ordinance criteria related to exterior storage. Blin noted that the County is also concerned about the garbage and possible contamination on the site. He stated that they would like to investigate the soil for possible contamination and get more facts before acquiring the property. Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 11 Mayor Shiely asked if the third parcel is part of the total resolution. Community Development Director Blin confirmed that it is. Council Member Wolcott asked how they could have let Pine Glen Park go tax forfeit. City Administrator Schroeder explained that this does happen from time to time noting that for some reason this area was not recorded. He assured Council that they would pursue this further. Finance Director Hedberg explained that the reason it did not transfer to the City is because there were delinquent taxes and a dispute as to who should pay them. He stated that at that time it was then transferred back to the County. He stated that the taxes were not brought current and the property was allowed to go into forfeiture. Council Member Wolcott asked if they have a procedure in place that would prevent this from happening in the future. He stated that if they do not have a current process in place it should be done to keep this from happening again. City Administrator Schroeder assured Council that they do have a process in place to track documents that require recording. City Attorney Thomson referenced the second parcel noting that the resolution indicates they are requesting that the property be conveyed to the City for public purposes. She explained that they can have property made available, unrestricted and pay the appraised value or they could have the property for public purposes and not pay. She stated that if they decide to take that route the City would have to hold the land open for public purposes only. She suggested paying for the second parcel as unrestricted. She encouraged the Council to give this some consideration. Council Member Kohls asked how they would separate parcel two. City Attorney Thomson stated that it could state `for fair market value' MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 04-070, A RESOLUTION TO REQUEST CONVEYANCE OF THREE (3) PARCELS FROM THE STATE OF MINNESOTA TO THE CITY. MOTION CARRIED 5-0. B. 1 Consider Approvinq a Simple Lot Division to Subdivide a 3.85-Acre Parcel into Two Parcels of 1.67 acres and 2 18 acres of which the larqer would be the Site of the Proposed Rubv Tuesdav Restaurant. Community Development Director Blin stated that there are four (4) applications related to the development of a new Ruby Tuesday Restaurant in the Gateway North Redevelopment District. He reviewed the applications with Council noting that they have been very accommodating to work with. Blin provided an overview of the rendering of the restaurant, reviewed the elevations and materials noting that they plan to screen the roof top equipment. Blin then reviewed the site plan with Council noting that there would be extensive landscaping around the building and site. He referenced the pond in the southwest corner ot the site noting that it would serve both Ruby Tuesday and Oppidan. Blin noted that the Planning Commission has reviewed and recommends approval of all applications. He indicated that the only change the Planning Commission is recommending Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 12 is the elimination of the first five (5) parking spaces to alleviate potential traffic buildup. He stated that after reviewing the recommendation it was found, based on parking requirements that the spaces would have to remain in the plan. He stated that access and traffic flow should not be an issue. Jerry Ruta, owner of Ruby Tuesday, stated that they are very pleased and excited to be a part of the Cottage Grove business community. He stated that he has experienced a very professional and pleasant working relationship with City Staff throughout the entire process. Mr. Ruta stated that they intend to initially employ approximately 100-120 people and that ground breaking will take place in a few months with plans to open shortly before the Thanksgiving holiday. Mayor Shiely stated that Council appreciates their cooperation and time they have spent working with Staff. She stated that everyone is very anxious for them to be a part of the City and business community. Council Member Kohls asked for further clarification of the truck access flows. Community Development Director Blin clarified the route noting that initially the route would be off Hardwood Court. He stated that the trucks would load in the back, drive around the site and exit. Eventually the trucks could access through the Oppidan site and exit onto Harkness. MOTION BY KOHLS, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 04-071. A RESOLUTION APPROVING A SIMPLE LOT DIVISION TO SUBDIVIDE A 3.85-ACRE PARCEL OF LAND INTO TWO PARCELS OF 1.67 ACRES AND 2.18 ACRES LOCATED ON THE NORTHEAST CORNER OF HARDWOOD AVENUE AND HARDWOOD COURT. MOTION CARRIED 5-0. 2 Consider Apqrovinq a Site Plan Review of a 5 800 SQUare Foot Restaurant a Conditional Use Permit to Allow a Restaurant with Liquor Sales, and a Variance to Reduce the Reauired 30-Foot Side Yard Parkinq Setback Alonq the Eastern PropertV Line to 10 Feet. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04-072 A RESOLUTION APPROVING A SITE PLAN REVIEW OF A 5,800 SQUARE FOOT RUBY TUESDAY RESTAURANT, A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH LIQUOR SALES, AND A VARIANCE TO REDUCE THE REQUIRED PARKING SETBACK ALONG THE EASTERN PROPERTY LINE. MOTION CARRIED 5-0. C. Consider Approvinq a Conditional Use Permit to Allow a Restaurant with Liquor, American Motor Sports Bar & Grill to Locate at Grove Plaza and a Variance to Parkinq Requirements. Community Development Director Blin stated that this is the second restaurant to be located in the Grove Plaza Shopping Center. He reviewed the location of the building with Council noting that the interior would have an auto racing theme. The Planning Commission has reviewed the proposal and is recommending approval of the Conditional Use Permit and the Regular Meeting — April 21, 2004 Cottage Grove City Council Page 13 variance from the parking requirements. The variance is very slight and is a result of the parking requirements for the retail space. Blin assured Council that parking would not be an issue. Council Member Wolcott stated that the report shows this as a 151-seat restaurant and the resolution states it to be 143 seats. Community Development Director Blin stated that it would be 151-seats. Council Member Rice stated that it is great to see Tom and Cheri Hanson bring a great restaurant to the City of Cottage Grove. Council Member Wolcott asked when they plan to open. Mr. Hanson stated that it is their hope to be open by July 1 He thanked the Staff for being so easy to work with. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 04-073, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT WITH LIQUOR, AMERICAN MOTOR SPORTS BAR AND GRILL, AND A VARIANCE TO PARKING REQUIREMENTS AT GROVE PLAZA, 7240 EAST POINT DOUGLAS ROAD SOUTH. MOTION CARRIED 5-0. D. Consider Aqprovinq the Simple Lot Division Applied for bv Mainstreet Bank to Subdivide a Commercial Parcel Located at 7200 East Point Douqlas Road, into Two Parcels. Community Development Director Blin stated that Mainstreet Bank is located in Grove Plaza Shopping Center. It is the former Wells Fargo Bank property located at 7200 East Point Douglas Road. Blin reviewed the areas to be subdivided with Council and stated that the Planning Commission has reviewed the proposal and is recommending approval. He stated that Mainstreet Bank is hoping to be in the building soon to begin the renovation process. Council Member Wolcott asked if Council would be reviewing the outlines for the renovation. Community Development Director Blin stated that the plans would be available to Staff for review as it is a permitted use. Council Member Wolcott asked to have the renovation drawings forwarded to Council for review. Darryl Silverness, Representative for Mainstreet Bank, stated that they are very excited to be in Cottage Grove. He stated that they are planning to be open for business August 1, 2004. The Architects are to the point where the interior plans are complete and the exterior is almost complete and ready for review. He provided the Council with an overview of the enhancements noting that he is aware of the easements. MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 04- 074, A RESOLUTION APPROVING A SIMPLE LOT DIVISION TO SUBDIVIDE A 10.963- ACRE PARCEL OF LAND INTO TWO PARCELS OF 10.6535 ACRES AND .3095 ACRES AT 7200 EAST POINT DOUGLAS ROAD SOUTH. MOTION CARRIED 5-0. RegularMeeting—Apri121, 2004 Cottage Grove Cfty Council Page 14 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Grossklaus stated that the City Parks Staff and Public Works are looking for organizations to volunteer and adopt a park. He stated that it is not a large investment noting that it would help to keep the parks maintained and in good condition. He reviewed the process with Council stating that anyone interested in adopting a park can contact Zac Dockter at 651-458-2801. Council Member Kohls stated that the storm sirens went off this weekend and it is her understanding that one of the sirens in old Cottage Grove is not functioning. Deputy Director of Public Safety Zurbey stated that he was not aware of the problem and assured Council that he would check it out. Mayor Shiely noted that a statewide emergency drill is planned for tomorrow and indicated that the sirens are scheduled to go off at approximately 2:00 p.m. Council Member Kohls stated that in preparation for one of her Commission meetings she was reviewing past City Council information that provided a layout of the shops located at the Gateway Center. She expressed concerns regarding the parking area noting that it comes to a dead-end. She asked for further clarification on the access and exit areas noting that the area is a bit narrow and expressed concerns that there could be a problem getting out if all of the parking spaces are full. City Administrator Schroeder stated that vehicles would have to back out of the area if the parking area is full. Council Member Kohls stated that it appears that all they addressed was the truck turnaround area stating that they cannot have vehicles backing out of a parking area. City Administrator Schroeder stated that they are not sure where they are at with the gross parking requirements and agreed that there is a need for a turnaround in the parking area. Mayor Shiely stated that on Saturday, May 1, 2004, the Public Works Department and Washington County would be holding their annual hazardous waste collection day. She stated that the facility would be open to accept items from 7:00 a.m. to 4:00 p.m., and they will accept all items from large appliances to household hazardous waste. Public Works Director Burshten further clarified stating that it would be a combination spring household and hazardous waste cleanup day. Council Member Wolcott ciarified that there would be a fee for certain items noting that they do not want people to think that all drop-offs are free. Public Works Director Burshten confirmed stating that fees are charged for appliances such as refrigerators, stoves, clock radios, televisions, computers and tires. He reviewed the fee structure with Council noting that there would not be any fees for toxic or hazardous waste items. Regular Meeting - April 21, 2004 Cottage Grove City Council Page 15 Mayor Shiely stated that she and Council Members Grossklaus and Wolcott had a wondertul time at the Volunteer Banquet. She stated that they had 170 volunteers from the community come together to celebrate the time they have contributed in various events throughout the year. She thanked Scott Johnson and Neil Belscamper for the work they did in coordinating and preparing the event. She stated that Mary Slusser was given recognition for her work on bringing the holiday train to Cottage Grove at Christmastime noting that she did an excellent job in organizing the event. She stated that the Citizen of the Year award went to Mike Wennan, the President of the Cottage Grove Area Chamber of Commerce stating that he is a very hard worker and very devoted to the City. She thanked all of the volunteers for their time and effort stating that their efforts are always very much appreciated. Council Member Wolcott agreed stating that the event was planned well and also very well attended. He stated that they had a very good time and thanked all of the volunteers for their time and effort. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 134068 THROUGH 134298 TOTALING $466,963.13. (CHECKS 134068 — 134105 AND 134286 - 134298 IN THE AMOUNT OF $187,199.23 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 5-0. Mayor Shiely called a 10-minute break at 9:10 p.m. Mayor Shiely called the meeting back to order at 9:20 p.m. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present:Ryan Schroeder, CityAdministrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Tom Thompson, Consultant, BRAA Mike Zurbey, Deputy Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney WORKSHOP SESSION — OPEN TO PUBLIC A. Conduct a Council Workshop on Development Fees for Road Improvements. Finance Director Hedberg stated that over the past year's budget process, they have worked on implementation of an impact fee for infrastructure improvements. Impact fees are charges placed on new growth to fund a proportionate share of the infrastructure costs Regular Meeting - Apri121, 2004 Cottage Grove City Council Page 16 resulting from development. Staff requested the City Attorney's office to offer advice on the implementation of development fees to defray the cost of the infrastructure needs. Their response was included in the Agenda Packet. Hedberg reviewed the calculation process noting that the fee is included in the development contract and collected at the time of completion of the development. He reviewed a lawsuit brought by Country Joe, Inc., against the City of Eagan and explained that Eagan failed to show a need for the proportional fee. He stated that if an impact fee is allowed it must be tied to the portion of need and revenue as it relates to the new development. If we choose to implement the impact fee, we should seek special legislation to avoid any legal challenges to the fee. He stated that even without the statutory statement there are ways to collect the fee noting that it should be included in the development agreement. Mayor Shiely clarified that it needs to be voluntary. Finance Director Hedberg clarified the calculation process that is used to determine the fee noting that both the City of Rochester and the City of Savage provide the developer with an opportunity to come in and review the calculations. Hedberg highlighted the various City development agreements stating that the charge is based on the impact of the development on adjoining roads. He stated that the Kennedy & Graven memo offers five (5) different options to consider when creating a fee and reviewed the options with Council. He stated that traffic impact studies would have to be provided with each development noting that some modifications could be made to existing ordinances that would provide a method to calculate the fees to improve facilities. Fees and charges should not be considered general revenue for the City and should be earmarked for certain projects that are created. Finance Director Hedberg reviewed the City's current practice noting that there are a few new developments that have been charged fees. He stated that the Mississippi Dunes development was assessed $186,000 for future Hadley reconstruction and the Hidden Valley development was charged $39,000 for improvements to Hardwood. He explained that the calculations were based on the same calculations used for the Hinton/Tower project. He stated that based on the feedback received, Staff would look to replace the calculation with a per-unit calculation, noting that the costs would be additional costs caused by the new developments. Mayor Shiely asked who would make the final decision on the developers agreement. Finance Director Hedberg explained that currently the process the City of Savage has taken is to have Staff review the fees and City Council would have final approval. Mayor Shiely stated that she is not ready to give solid feedback on this issue. Council Member Wolcott noted that for most developments the developers are responsible for installing roads, curbs, sewer and water. He stated that it is his understanding that some of the fees charged on the Hadley project were probably not adequate enough to do what needed to be done. He clarified that this is a fee that would be outside of their normal RegularMeeting—April21, 2004 Cottage Grove City Council Page 17 development to cover the impact of development on the adjoining streets. He agreed with Mayor Shiely stating that he would like more time to review the proposal. He stated that Staff should consider what this fee would be called noting that Minnesota Statute 429 calls for the need to prove benefit. He asked why they would not use M.S. 429 and approve the benefit versus creating another fee schedule. Wolcott stated that he was uncomfortable with involving the Supreme Court without having an opportunity to further review the proposal. He expressed concerns stating that he does not want to be out there padding the City's general fund without just cause. Wolcott stated that he would like to know why M.S. 429 would not do what they are trying to accomplish. Finance Director Hedberg clarified stating that it is done as a 429 development process noting that the developers are waiving their right to appeal. City Attorney Thomson stated that everything developers place within their development are considered. She stated that they still ask the developer to waive appeal rights and the developers acknowledge when they sign the development agreement that all improvements are a benefit to property. Thomson stated that they could remove this portion from the agreement noting that it could then open the process to an appeal. Council Member Wolcott clarified his understanding that they are paying assessments for streets, curbs, and stormwater fees as a part of the development and that Staff is proposing an additional fee for improvements. City Attorney Thomson clarified that the fee is for collector streets that provide access to the development. She agreed that they could do a 429 project noting that the farther you get from the inside of the development the more opportunity there is to argue the benefit to a development. She stated that the City should not get greedy and encouraged them to take the time to determine what would be a fair and reasonable amount that would encourage the developer to sign off on the developer agreement. She noted that in the City of Rochester they would not approve the development until the infrastructure is in place. Mayor Shiely suggested reviewing our current public facilities ordinance. She stated that it would be a good idea to determine how they would use the current ordinance in the process. Council Member Kohls stated that she was excited to see this on the agenda. She agreed that the development would not happen until the infrastructure is in place. She also agreed that they should investigate and research all possible avenues, especially if they already have a potential mechanism in place that could be used. She asked if commercial and residential developments would be handled differently. She stated that she could see items potentially in a redevelopment district where they could use a tool like this. She asked if this is only for collector streets into a development. Finance Director Hedberg stated the current subdivision agreement includes all streets. Council Member Kohls noted that this is a sound philosophy and suggested including it in the language and process for all future developments. She stated that they would be better off having it in place and available to use if they need it. Regular Meeting — Apri121, 2004 Cottage Grove Ciry Council Page 18 City Administrator Schroeder reviewed the process as it applies to the East Ravine project with Council noting that they would have to determine what would be a benefit to the community and surrounding areas. He stated that cities have been doing this for years and explained that the situation with Eagan and Country Joe's has changed the way cities use the process. Council Member Kohls stated that it would be worth Staff's time to spend some time researching this process further to give consideration to the various calculations. She asked Staff to provide Council with a solid process and calculation examples for their review. Mayor Shiely stated that she would need further opportunity to review the documents. She clarified her understanding that City Attorney Thomson stated in her report that they have been advised to get approval from the State. City Attorney Thomson clarified that if the City does consider implementing a true impact fee that it would be recommended to gain State approval. She explained that currently what they are discussing is not an impact fee although the funds would be used to finance road improvements. She stated that if they have a public facility ordinance and adopt a position that the development won't go forward without infrastructure it is then just a matter of saying no and the development would not proceed. She stated that it does need to have outlined standards in order to implement and enforce the fees, as they want to be sure the developers are all being treated fairly. Mayor Shiely stated that she knows the public facilities ordinance was a tradeoff with the Metro Council in order to get the MUSA expansion into the West Draw. She asked what they have done since this was put in place as far as actually using it and sticking to it. She clarified that if they can do something through the City ordinance process then they would not have to be concerned with going to the State for approval. Council Member Wolcott stated that the ordinance should be rewritten and cautioned that they have to be careful, as the rezoning is key to the ordinance. He expressed concerns about people coming to the podium and making promises that won't be kept. Wolcott stated that when doing this he would like to see something included that outlines the mission for the developer. He stated that because of zoning issues that arise, the City does not always get what was originally promised. He stated that he would like something included in the development agreement that states that once an area is rezoned and if the property is sold, that the subdivision agreement is no longer in force and the new owner would have to come back in for approval because it is no longer what the City agreed to. He asked Staff and City Attorney Thomson to review the possibilities of including this statement in the developer's agreement. Council Member Kohls agreed with Council Member Wolcott noting that this would be somewhat separate from the fees for the roads. Council Member Wolcott agreed that it is different noting that if they are looking at a fee structure this should be a part of the agreement to ensure the City gets what is promised. Mayor Shiely agreed with Council Member Wolcott stating that if the developer sells the land after they approve the agreement, the new buyer would not have to build what was originally agreed to. She agreed that a statement should be included in the developer's agreement Regular Meeting — Apri121, 2004 Cottage Grove City Council Page 19 that states that the second or subsequent owner should have to come back through the same approval process. WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:05 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.