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HomeMy WebLinkAbout2004-08-11 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL August 11, 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 Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Not Present: Council Member Cheryl Kohls No one stepped forward to speak during Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, August 11, 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 Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer Regular Meeting — August 11, 2004 Cottage Grove City Council Page 2 John Mickelson, Director Public Safety Les Burshten, Public Works Director Corrine Thomson, City Attorney Not Present: Council Member Cheryl Kohls ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 4-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS NONE B. APPOINTMENTS NONE APPROVAL OF MINUTES A. May 19, 2004 Regular Meeting Mayor Shiely stated the minutes stand approved as presented. CONSENT CALENDAR Council Member Wolcott asked to pull Items 4E, 4F and 4G for quick comments. He stated that he would like to recognize individuals who have donated to the City of Cottage Grove. He thanked the Athletic Association, the Lions Club and Health Partners, Woodbury Clinic for their donations. He noted Item 4L, 2003 Accomplishments and 2004 Goals, stating it was put together well. He thanked Staff for their work. MOTION BY WOLCOTT, SECONDED BY RICE, T0: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PLANNING COMMISSION OF JUNE 28, 2004. B. ADOPT ORDINANCE NO. 764 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 3 OF THE COTTAGE GROVE CITY CODE RELATING TO PREMISES INELIGIBILITY FOR OFF-SALE LIQUOR LICENSES. C. ADOPT RESOLUTION NO. 04-115 CITY OF COTTAGE GROVE PARK NAMING. D. ADOPT RESOLUTION NO. 04116 A RESOLUTION GRANTING A VARIANCE FROM TITLE 11-9D-5A TO ALLOW CONSTRUCTION OF AN ADDITION ON THE Regular Meeting — August 11, 2004 Cottage Grove City Council Page 3 E. � I:A K. L. M. N. O. FRONT OF THE ATTACHED GARAGE TO BE SETBACK 26 FEET FROM THE FRONT PROPERTY LINE AT 7611 IRVIN AVENUE COURT SOUTH. ADOPT RESOLUTION NO. 04117 DONATION OF FOOTBALL/SOCCER GOALS. ADOPT RESOLUTION NO. 04-118 LIONS CLUB DONATION. ADOPT RESOLUTION NO. 04-119 RESOLUTION ACCEPTING DONATION FROM HEALTH PARTNERS WOODBURY CLINIC FOR COTTAGE GROVE'S 11 ANNUAL YOUTH SAFETY CAMP. ADOPT RESOLUTION NO. 04120 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT RELATING TO FUNDING FOR SAFETY VESTS FOR THE COTTAGE GROVE POLICE DEPARTMENT. ADOPT RESOLUTION NO. 04121 RESOLUTION ADOPTING 2004 PAY PLAN AND BENEFITS FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE (REPEALS RESOLUTION NO. 03-163). ADOPT RESOLUTION NO. 04122 RESOLUTION APPROVING THE FINAL PLAT NAMED PINE ARBOR WEST. ADOPT THE FIRST SUPPLEMENTAL DEVELOPERS AGREEMENT FOR PINE ARBOR ADDITION. RECEIVE 2003 ACCOMPLISHMENTS / 2004 GOALS. ADOPT RESOLUTION NO. 04123 RESOLUTION APPROVING THE SPEED STUDY OF HARKNESS AVENUE AND HARDWOOD AVENUE AND FINAL RECOMMENDATIONS BY THE MNDOT STATE TRAFFIC ENGINEER. APPROVE CHANGE ORDER #1 FOR THE THOMPSON GROVE PAVEMENT MANAGEMENT PROJECT. APPROVE CHANGE ORDER #1 FOR THE 2004 CURB AND PAVEMENT PROJECT. P. ADOPT RESOLUTION NO. 04-124 RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND SETTING A BID DATE FOR 65 STREET WATER MAIN EXTENSION AND HADLEY AVENUE REALIGNMENT. Q. ADOPT RESOLUTION NO. 04-125 RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND SETTING A BID DATE FOR 2001 FLOOD DAMAGE REPAIRS. R. ADOPT RESOLUTION NO. 04126 RESOLUTION AUTHORIZING THE REASSESSMENT OF SPECIAL ASSESSMENTS ON PARCEL NO. 05-027-21-42- 0001. S. AFFIRM SUPPORT OF COUNTYWIDE ASSESSMENT SERVICES. T. ADOPT RESOLUTION NO. 04-127 RESOLUTION APPROVING A SITE PLAN REVIEW OF A 2,900 SQUARE FOOT RETAIL BUILDING AND A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH LANE AT 7190 EAST POINT DOUGLAS ROAD SOUTH. U. RECEIVE INFORMATION ON DEVELOPMENT ENHANCEMENTS. V. RECEIVE UPDATE ON CLEAR CHANNEL SIGN PROJECT. W. ADOPT RESOLUTION NO. 04128 RESOLUTION APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE SEPTEMBER 14 PRIMARY ELECTION AND NOVEMBER 2 GENERAL ELECTION. Regular Meeting — August 11, 2004 Cottage Grove City Council Page 4 X. AUTHORIZE ISSUANCE OF A TEMPORARY ON-SALE INTOXICATING LIQUOR LICENSE TO THE CHURCH OF ST. RITA TO SELL INTOXICATING BEER AND WINE DURING THEIR FALL FESTIVAL ON SEPTEMBER 18-19, 2004. Y. ADOPT RESOLUTION NO. 04-129 RESOLUTION CALLING FOR A PUBLIC HEARING FOR A COMMERCIAL DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT. MOTION CARRIED 4-0. Mayor Shiely stated that all items on the Consent Agenda have been approved as presented. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARINGS NONE BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Consider Ratifvinq the Economic Development Authoritv's Action on a Proposed Purchase Aqreement for the Oakwood Commercial Propertv. City Administrator Schroeder provided the Council with a brief history stating that as part of the Gateway Redevelopment project, the City created a development parcel east of Hardwood Avenue and north of Hardwood Court for future commercial development. He stated that on October 2, 2003 the City Council adopted a comprehensive plan amendment and rezoning to provide the opportunity for development of what was re-platted into Lot 2, Block 3 of the Gateway North 1 Addition and authorized marketing of the site on October 16, 2003. He stated that the Council conducted a public hearing on May 24, 2003 to allow for the sale of the parcel and this was followed by EDA development of a purchase agreement template including permitted uses for the site on June 10, 2003. He explained that on December 9, 2003, Council approved a purchase agreement with a Ruby Tuesday restaurant franchisee and entered a letter of intent with Oppidan development towards future construction of a retail center. He further explained that under the terms of the LOI development a subsequent purchase agreement was considered that did not happen and the City provided notice to the developer that default had occurred under the agreement. He stated that the default notice allowed the City to negotiate with other parties for development of the parcel. He stated that on July 1, 2004, the City closed on the real estate with Ruby Tuesday and the restaurant project is now under construction and expect to be compiete on or by Thanksgiving. City Administrator Schroeder stated that the City is currently in negotiations with VICORP for development of a Bakers Square family restaurant and the proposed purchase agreement is Regular Meeting — August 11, 2004 Cottage Grove City Council Page 5 using the same sales template approved by EDA and the Council and used for the Ruby Tuesday development. He noted that the primary importance of the template is the restrictions for uses on the property as well as aesthetic guidelines for the site and structure. City Administrator Schroeder explained that VICORP is proposing a purchase price that is slightly lower than was proposed in the earlier LOI approved by Council. He reviewed the purchase agreement with Council noting that it includes the same development requirements of the Ruby Tuesday agreement inciuding park dedication fee, district signage, tree mitigation, off-site ponding and area and connection charges. He stated that the City provides for the 5% brokerage charge on the total purchase price noting that the proceeds are revenue to the Park Trust Fund. He stated that Staff is expecting receipt of a site and amenities plan prior to the upcoming EDA and Council meetings adding that Staff might have additional comments after reviewing the submittals. He stated that Staff would continue to work with VICORP in order to develop a comfort level with the proposal that would allow recommendation of a positive review by the EDA and positive consideration by Councii. Council Member Wolcott stated this was reviewed at the Economic Development meeting yesterday morning adding that they are basically comfortable with the proposal. He stated that the only question for clarification is if there were a sketch on the building would it go through the Planning Commission for review. He stated that Staff should also review the building, parking and landscaping. City Administrator Schroeder stated that Staff would continue to work on the proposal and reviewed with Council. He explained that as long as there are no substantial changes in the terms they would request approval by Council, which would also allow for a review of the terms by the City Attorney. Council Member Wolcott asked if the site improvement upgrades would be part of the subdivision agreement. City Administrator Schroeder confirmed that it would be part of the purchase agreement and the final site plan review. Mayor Shiely clarified that the resolution is for the authorization of the sale of certain land. City Administrator Schroeder clarified that it authorizes the Mayor and the City Clerk to enter into a purchase agreement and would also allow for the City Attorney to make any changes deemed necessary, as long as they are not substantial changes in the purchase agreement. Council Member Wolcott stated that he is ok with approval as long as the $100,000 is included and is written so that both parties understand it is part of the agreement. City Attorney Thomson clarified that the purchase agreement would provide for the payment of the tree mitigation, the sign and all other elements. She stated that it would also require that they obtain approval for their development and that it would have to meet the same criteria outlined for the Ruby Tuesday agreement. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04130 RATIFYING THE ECONOMIC DEVELOPMENT AUTHORITY'S ACTION ON A PROPOSED PURCHASE AGREEMENT FOR THE OAKWOOD COMMERCIAL PROPERTY. MOTION CARRIED 4-0. Regular Meeting — August 11, 2004 Cottage Grove City Council Page 6 B. Consider Approval of a Request from Waste Manaqement Inc to implement Bi- weekly Collection of Comminqled Recvclables from their Cottaqe Grove Customers. Brian Voelker, Public Works Management Analyst stated that the City has received a request from Waste Management, Inc. for an ordinance change to allow pickup of recyclables every two weeks. He stated that currently the City's Solid Waste Ordinance requires weekly collection of recyclables, along with weekly collection of garbage and other refuse. He stated that if the ordinance is amended, Waste Management, Inc. intends to introduce its Single Sort Recycling system to its Cottage Grove customers. He stated that Staff is recommending approval as long as Waste Management provides their customers with 60-gallon bins, with covers and properly educates their customers on their new bi-weekly pickup. He stated that after one year staff would review the current policy and make changes accordingly. Mayor Shiely clarified that Waste Management would handle their recyclables, if passed, every two weeks and only every two weeks. She further clarified that residents who are concerned would have other options available to them and would be able to choose another hauler who has weekly recycling. Mr. Voelker confirmed that Cottage Grove residents do have two options, Tennant and Waste Management, Inc. and reviewed with Council. Mayor Shiely stated that City Ordinance requires residents, to keep their containers out of sight in between pickups noting that some customers do not have the ability or storage space for large containers. She asked if Residents would be given an option for a variety of bin sizes noting that she and Mr. Voelker toured the recycling plant to get a better idea on how recyclables are processed. She asked Mr. Boyum to clarify their proposal further for Council. Gary Boyum, Marketing Manager, Waste Management, Inc., stated that commingling was an initial concern for their customers. He stated that a report addressing this concern came out in 2001 noting that from this report an Energy Consortium was created to address these concerns and developed their own operation. He stated that they were part of this project and reviewed with Council. He reviewed the recycling plant operations with Council noting that it is a state of the art facility with a residual value of 6.9% and they are now recovering approximately 94% of what is brought into the facility. He provided Council with an overview of the Single Sort process. He stated that currently there are six counties in metro that belong to the Swim Club and that they are currently working to put together a solid waste plan for the six county metro area for 2000 through 2023 because solid waste is going up and recycling is declining. He reviewed the recycling plan with Council adding that they are trying to reinvigorate recycling over the next twenty years. He explained that with this program they have averaged 10 pounds per month more than last year noting that the residual far out weights what has been collected adding that the program has been very positively accepted by their customer base. He stated that he recently met with the City of Blaine and has switched them to a single sort process. He stated that they have averaged over 100 tons month more on the single soR every other week than what was collected on a weekly. He noted that they have been successful enough to where they were able to refund them on their waste portion of the bid and reviewed with Council. He stated that with this plan they have been able to save a large portion of recyclables from landing in the landfills. He stated that they offer a variety of sizes in bins noting that the program has been very successful so far. Regular Meeting — August 11, 2004 Cottage Grove City Council Page 7 Mayor Shiely stated that it is her hope that they also plan to provide a really good education program so that residents can gain a good understanding of what is involved in the single sort process. Council Member Grossklaus clarified that this would be a one-year trial and would then return to Council for further review. Mr. Voelker confirmed that Staff is recommending a one-year trial and at the end of that timeframe Staff would review and make further recommendations to Council for consideration to continue the program. Council Member Wolcott clarified that they are not changing the ordinance and that this would be a one-year trial program. He asked what they plan to do with the bins. Mr. Boyum stated that they are currently reviewing options for bin collection and retrieval and would provide Council with an update on the options under consideration. Council Member Wolcott stated that the Public Works Commission reviewed this request at their last meeting. He stated that the City of Cottage Grove has one of the highest recycling rates adding that the Public Works Commission does have concerns that the bi-weekly collection could be confusing to the residents. He stated that they questioned the single sort process adding that it is their understanding that this would be implemented on a trial basis. He stated that the Public Works Commission also acknowledged the Residents concerns regarding bin storage and clarified that Residents would have options to choose a different hauler if this program did not meet their needs. He expressed concerns stating that this program should be utilized by all residents in Cottage Grove and asked for assurance that none of the collected recycling would end up in a landfill. Mr. Boyum assured the Council that none of the collected recyciing would go to the landfill and reviewed with Council. Council Member Rice stated that if they begin the program in the October/November would there be a way to get the numbers in six months to see if recycling is increasing. Mr. Voelker stated that Waste Management, Inc. currently provides the City with a report every six months adding that they would be able to review results in six months. He stated that he would provide the information to Council for their review at that time. MOTION BY RICE, SECONDED BY SHIELY, TO APPROVE THE REQUEST FROM WASTE MANAGEMENT, INC. TO IMPLEMENT BI-WEEKLY COLLECTION OF COMMINGLED RECYCLABLES FROM THEIR COTTAGE GROVE CUSTOMERS FOR A ONE-YEAR TRIAL AND TO BE REVIEWED AT THE END OF THE TRIAL TO DETERMINE CONTINUED USE OF THE SINGLE-SORT PROCESS. MOTION CARRIED 4-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Mayor Shiely stated that on Monday, August 9 th Council attended the ribbon cutting ceremony for the new Glen Road overpass on Highway 61. She stated that there were so Regular Meeting — August 11, 2004 Cottage Grove City Council Page 8 many individuals and groups that have made this a possibility adding that she would like to express her appreciation to the City Council of Newport for the amount of time they have invested and for the way they have handled a difficult situation. She stated that they have done an excellent job in managing the construction project and in keeping their citizens informed. She commended the Newport City Council for a job well done. Council Member Wolcott stated that he spoke with Speaker of the House regarding the Red Rock Rail noting he is in support of it. Mayor Shiely stated that he is in support of North Star and that Red Rock is next on the docket. Council Member Wolcott stated that he would like to suggest scheduling an open workshop to discuss street naming conventions in the West Draw. He stated that he had an unpleasant experience recently where he was not able to locate a home. He went to City Hall to review the City maps and found a similar street with a different name went back to the area and found the home. He noted that the Public Works Department had the correct address but the signage was incorrect. He stated that he discussed his concerns with Public Safety adding that he wanted to be sure that Public Safety has correct, updated maps and found that they do. He explained that his concern is that minutes and seconds count in an emergency situation and it is his hope that they have correct maps where they should. He stated that Council should review this issue adding that people do not buy a house based on the name of a street. He stated that the Council and the City should do what is in the best interest of the City and residents of Cottage Grove noting that he is not suggesting that the City change names in the current developments but that they should review the street naming process and include Public Safety in that process. He reviewed his concerns with Council stating that he has also discussed these issues with Public Safety Director Mickelson who also agreed that this is a safety concern. He encouraged the Council to consider reviewing this issue and address the safety issues it could present. Public Safety Director Mickelson stated that he discussed this with the Fire Chief noting that he had larger concerns and reviewed with Council. He explained that it is not an issue for routine calls adding that in an emergency situation it could be the difference between life and death. He stated that there is a countywide system adding that if they deviate from that system it could cause further confusion. Mayor Shiely asked Public Safety Director Mickelson to provide Council with the training procedures used by Public Safety to educate their employees and get them familiar with the streets in the City. PAY BILLS MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 135703 THROUGH 135992 TOTALING $1,221,164.50. (CHECKS 135703 — 135741 IN THE AMOUNT OF $207,791.83 ISSUED PRIOR TO COUNCIL APPROVAL.) MOTION CARRIED 4-0. WORKSHOP SESSION — OPEN Regular Meeting — August 11, 2004 Cottage Grove City Council Page 9 NONE WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 8:15 P.M. MOTION CARRIED 4-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.