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HomeMy WebLinkAbout2004-10-20 MINUTESREGULAR MEETING DR,q�,.�, COTTAGE GROVE CITY COUNCIL October 20, 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 Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer Mike Zurbey, Captain Les Burshten, Public Works Director Corrine Thomson, City Attorney Janis Masek, 8153 Idsen Avenue stated that she has been dealing with a neighbor burning problem almost continuously, which has been a real problem this summer. She asked the Council to consider revising the recreational burning ordinance. Masek explained that for her it is a health issue noting that health issues are not addressed in the ordinance. She stated that she was not able to enjoy the summer air as the smoke from the continual burning affects her health considerably explaining that because of the frequent burning she was not able to work in her yard or open her windows for fresh air. She indicated she has been put on antibiotics due to the affects of the smoke. Her neighbor also has health issues and has been affected by the smoke. The frequency of the fires suggests that it is more than for recreational purposes and expressed concerns regarding the types of things being burned daily. She noted the recent growth in population and suggested that the Council consider reducing the 24/7 burning time and increasing the distance in a residential area from 15-feet to 25-feet for combustible and from 10-feet to 15-feet from the street. She explained that the smoke has gotten to be too much and is affecting the quality of life. Masek requested that Council consider including language that would allow the City to shut down a fire if the fire is creating a heath hazard, currently the ordinance allows this if it becomes a nuisance. She expressed her frustration stating that she lives in her home, there is no way for her to escape the smoke, she has a right to breathe ciean fresh air. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 2 Mayor Shiely acknowledged her concerns about the types of items being burned and the frequency of the fires. Ms. Masek explained that a neighbor is burning in the middle of three pines and some deciduous trees. She stated that they have stacked boards noting that she is not sure if the boards are plywood or treated but when burned it smells horrible and burns her nose and lungs. She stated that she has been dealing with this ail summer and is tired of it. She stated that they burn from 10:30 a.m. to 6:30 p.m. daily, which is not recreational burning. She stated that calling the police is not the long-term solution adding that this kind of situation will begin to occur more frequently as the City continues to grow. Mayor Shiely explained to Ms. Masek that testimony received during Open Forum is referred to Staff for further review and response is provided at the next City Council meeting. She requested that Staff provide the Council with a copy of the current burning ordinance for their review noting that the City of Cottage Grove does not allow burning in the City and recreational fires are only allowed in certain situations. Council Member Kohls stated that she clearly remembers a discussion regarding burning permits adding that she thought it was addressed. She requested a copy of the minutes for the Council meeting that included discussion and a motion regarding permits. Mayor Shiely stated that Staff would forward all information to Ms. Masek for her review. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, October 20, 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, CityAdministrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Jennifer Levitt, City Engineer Mike Zurbey, Captain Les Burshten, Public Works Director Corrine Thomson, City Attorney Mayor Shiely presided over the meeting. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 3 ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. APPOINTMENTS AND PRESENTATIONS A. PRESENTATIONS NONE B. APPOINTMENTS NONE APPROVAL OF MINUTES A. July 7, 2004, Regular Meeting Mayor Shiely stated that she had one correction: Page 9, Item B, final vote adopting Resolution No. 04-11. The motion should read as follows: MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04112 GRANTING A VARIANCE TO TITLE 11-15-8C(1) TO ALLOW CONSTRUCTION OF A HOUSE LESS THAN 100 FEET FROM THE BLUFF LINE ON LOT 1 OF HALE'S RIVER BLUFF ACRES AND TO INCLUDE A 20-FOOT SETBACK ALONG THE BLUFF LINE AND TREE PRESERVATION ALONG THE SLOPE. MOTION CARRIED 4-1 (SHIELY-NAY) Mayor Shiely stated that the minutes are approved as amended. B. July 21, 2004, Regular Meeting Mayor Shiely stated that the minutes are approved as presented. CONSENT CALENDAR Council Member Kohls asked to pull Item 4G for further discussion. She explained that this item involves approval to hire a firm to redesign the City website. She stated that updating the website is a good idea noting that it is her hope the upgrade would make the site more user friendly. She suggested inc�uding the budget information, dollars spent by department, on the website. City Administrator Schroeder stated that this has been discussed and it is their intent. He indicated that some of the content and pages would be more generalized. Finance Director Hedberg stated that he has already started to work on the budget Regular Meeting — October 20, 2004 Cottage Grove Ciry Council Page 4 information that would be included on the website. He stated that the information would include basic budget information for various projects along with some of the graphics. Mayor Shiely asked to pull Item 4D for discussion. She explained that this item is to consider accepting an easement agreement between Daniel and Carol Kemp, US Homes Corporation and the City of Cottage Grove. She stated that Staff has requested that Council table this item until the November 3, 2004 meeting to allow for further review. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO TABLE ITEM 4D TO THE NOVEMBER 3, 2004 CITY COUNCIL MEETING. MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PLANNING COMMISSION OF AUGUST 23, 2004. ii. PUBLIC WORKS COMMISSION OF SEPTEMBER 13, 2004. B. ADOPT RESOLUTION NO. 04199 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR REMOVAL OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY LOCATED AT 8724 95 STREET. ADOPT RESOLUTION NO. 04200 CALLING FOR HEARING ON PROPOSED ASSESSMENTS FOR THE REMOVAL OF PUBLIC SAFETY HAZARDS FROM PRIVATE PROPERTY LOCATED AT 8724 95 STREET. C. ADOPT RESOLUTION NO. 04201 APPROVING THE DECERTIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 1-11 OF THE CITY OF COTTAGE GROVE. D. ITEM HAS BEEN TABLED TO THE NOVEMBER 3, 2004 REGULAR MEETING. E. APPROVE THE LABOR AGEEMENT BETWEEN THE CITY OF COTTAGE GROVE AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 49, AFL- CIO. F. ADOPT RESOLUTION NO. 04-202 APPROVING THE ISSUANCE AND SALE OF THE $935,000 COMMERCIAL DEVELOPMENT REVENUE NOTE AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (HUMAN SERVICES, WC. PROJECT). G. AUTHORIZE BUFFLEHEAD WEB TO PERFORM SERVICES TO UPDATE THE COTTAGE GROVE WEBSITE. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARINGS /_� Regular Meeting — October 20, 2004 Cottage Grove City Council Page 5 Finance Director Hedberg stated in May of 2003 the City entered into an agreement with Washington County for the reconstruction of Hinton Avenue and portions of 65` Street. He stated that this portion of the project, Hinton north of 65 was completed in 2004. He stated that during the public hearing process Staff indicated that there would be assessments levied for the project to the benefiting properties and reviewed with Council. He stated that the project was completed in two phases and has been separated into two projects. He reviewed the projects and funding process with Council. He stated that notices sent to the property owners included the total amount of the assessment adding that if the deferment agreement is signed then the amount assessed would be lowered. He stated that they have received verbal indications that US Homes intends to appeal the assessments and reviewed with Council. He stated that the project is substantially complete as of the hearing date noting that the assessment process is the same as was used in 2003. He stated that Staff is proposing that we offer the same deferment agreement for the properties in the second phase noting that the elements of the deferral agreement are consistent with the first phase assessment. He provided Council with an overview of the deferral agreement stating that first charge of the agreement notice has been sent to the property owners. He referenced the enclosed appeal from the property owners and reviewed with Council. Mayor Shiely opened the Public Hearing at 7:45 p.m. Matt Kroege, Messerly and Kramer, Attorney on behalf of US Homes noted that Council has received his clienYs written objection. He reviewed his clients' position with Council noting that there are no speciai benefits being derived from the improvement, there is no increase in market value to his clienYs property due to improvements. Council Member Kohls asked for clarification of the appeal process for the City. City Attorney Thomson clarified that the City Council needs to consider the assessment and determine the amount to be assessed. She stated that the property owner has the opportunity to file a notice of appeal with the District Court. She explained that there are time procedures for the process and the matter would then be before the District Court for consideration. Mayor Shiely noted that US Homes has made Council aware of their appeal and clarified that their appeal would not delay the Council's decision. City Attorney Thomson explained that this is not the official appeal. She further expiained that an appeal could not be filed until there is an assessment to appeal from. She stated that the assessment amount should be determined and if Council agrees with the assessment amount adopt as proposed or adjust the assessment amounts if Council believes their objection is valid. Council Member Kohls asked if it were possible, if the appeal were to go to District Court and is determined that their objection is correct, that the Judge could lower the assessment doilars and if lowered, what would be their process at that point. City Attorney Thomson explained that an assessment has to be levied by City Council, and, if after trial, the Court determines that the special benefit was less than the assessed amount, the Court would make that determination and order the City to reassess. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 6 City Administrator Schroeder stated that their basis for assessment goes back to the McKinsey report and reviewed with Council. He noted that the City's response to the last appeal called for an appraisal and reviewed the process with Council. Mr. Kroege stated that they would call this hearing and hold a more factual hearing where his clients could also provide statements from their perspective. Mayor Shiely closed the Public Hearing at 7:51 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04203 ADOPTING ASSESSMENTS FOR THE COUNTY ROAD 13 (HINTON AVENUE NORTH OF 65 STREET) ROAD IMPROVEMENT PROJECT. COUNTY PROJECTS SAP 82-613-20 AND 82-020-03. MOTION CARRIED 5-0. BID AWARDS NONE UNFINISHED AND NEW BUSINESS Q a Shotqun/Sluq on their combined properties for the 2004 Deer Firearms Season. Mayor Shiely noted staff recommended contingent on public safety and public comments. Captain Zurbey stated that Captain Woolery attended the Public Safety Health and Welfare Commission's hearing that was held on October 19, 2004. He stated that comments were received from residents and after addressing the concerns of the residents the Commission recommended approval for the issuance of the permit. He reviewed the conditions of the permit with Council stating that no one, at this time, is objecting to the permit. Robert Juckel, 8451 110� Street South, stated that he owns an 18-acre apple orchard and his neighbor, Mr. Petrich, owns an adjoining 62-acres of corn and soybean fields. He explained that both he and Mr. Petrich have experienced considerable damage to their crops due to the high deer population in the area. Mayor Shiely clarified that his property is an operating business that is advertised and open to public. Mr. Juckel confirmed stating that it is a source of income for him and his family. Mayor Shiely stated that she has concerns and mixed feelings regarding the permit and reviewed the requirements for the discharge of the firearms with Council. She asked who would be shooting the guns. Mr. Junkei stated that on his property it would be himself, his father and his brother. Regular Meeting — October 20, 2004 Cottage Grove Ciry Council Page 7 Mayor Shiely asked who would have the hunting permit and how many hunters would be allowed at a given time. Captain Zurbey explained that the final recommendation states that there would be no more than five hunters on the total 80-acres at any given time. Mayor Shiely asked if the hunters would know that they must be in an elevated stand and could only shoot in certain directions. Mr. Juckel assured the Council that they hunters would be made aware of all restrictions and requirements outlined in the permit. Mayor Shiely expressed concerns that this area is so close to a residential area. She acknowledged the damage incurred by the deer stating that several residents have had the same experience this year. She stated that this has been a problem throughout the City and acknowledged the fact that it is affecting his business. Mr. Junkel stated that they are in the process of rejuvenating the orchard by replacing the old trees with new ones. He stated that the new trees are almost completely destroyed due to the deer and reviewed with Council. Mayor Shiely clarified that her concern is with respect to the possibilities of a stray bullet noting that the newer trees are within 25-feet of his property line. Mr. Junkel assured Council that all hunting would take place at the center area of the property and away from residential areas. Council Member Kohls clarified that the deer-hunting season in the metro area is only for a nine-day period. Mr. Junkel stated that the season runs from November 6 through November 14, 2004. Councii Member Kohls stated that she attended the Public Safety Commission meeting as she had many of the same concerns the residents held. She acknowledged that the amount of deer and wildlife is becoming very concentrated due to the growth and development in the area adding that she found it interesting to note that Cottage Grove is the 3� highest area for deer/car accidents and reviewed with Council. She stated that it wouid cost the City approximately $700.00 per deer for professionals to remove from the area. She noted that safety is not secondary to cost adding that after sitting with the Residents and the Commission and hearing the compromises, she became comfortable with the permit. She clarified that the property owners would be held accountable for anything that happens on the property and reviewed with Council. Council Member Wolcott clarified that the hunting would be permitted from November 6-14, 2004. Captain Zurbey confirmed that the permitted dates would be November 6-14, 2004 adding that this would be reflected within the permit. Council Member Wolcott stated that the restrictions made sense adding that Mr. Junkel must be in control of anyone hunting on his property. He acknowledged Mr. Junkel's concerns stating that this would only take care of a small number of deer in the area. He asked the owners of the property to provide a certificate of insurance to the City to ensure that the insurance is current, with adequate and appropriate property liability coverage. He stated that he would like this to be included with the outlined requirements within the permit. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 8 Council Member Grossklaus asked Mr. Junkel what his goal is for harvest, how many deer. Mr. Junkel stated that this permit would allow up to four additional animals per license, which would be a total of 20 deer with all five hunters. He stated that he also has eleven permits for bow hunting and that it is their hope that between the two types of permits this will help to reasonably thin the herd. Council Member Grossklaus noted that this would resolve the problem for this year and asked what his plan would be for next year. Mr. Junkel agreed that this is not the end-all solution to the problem adding that it is his hope that he would not be before Council next year. He stated that he would continue if necessary, with Council approval. Council Member Grossklaus asked if he could install fencing high enough to keep the deer out of the orchard. Mr. Junkel explained that the DNR recommends a 10-foot high, electrical fencing and City ordinance only allows 6-foot high, non-electrical fencing in residentiai areas. He stated that this is a serious probiem for his business noting that the cost for the DNR recommended fencing could be as high as $50,000.00. He stated that the DNR would help with the funding only if the fencing is in compliance with DNR recommendations. Council Member Kohls clarified that if this permit is approved, a letter would be sent to all Residents along the boundary that would include contact numbers for both Mr. Junkel and Mr. Petrich. She stated that the Residents should be abie to contact them directly to be able to find out when the hunters would be out on the property. She explained that the intent is open communication. Mayor Shiely stated that she has very serious reservations about this permit adding that she would only vote for a one-year timeframe. She acknowledged Mr. Junkel's situation stating that this is a clear instance of urban life up against agricultural life. She explained her concerns are with respect to the distance of the hunting area from residential properties adding that she would agree as long as proof of insurance is provided. INCLUDE WOLCOTTS SUGGESTION WITH THE MOTION MOTION BY RICE, SECONDED BY GROSSKLAUS, TO APPROVE THE ISSUANCE OF A TEMPORARY PERMIT TO MR. ROBERT JUCKEL, 8451 110 STREET (18-ACRES) AND MR. WILLIAM PETRICH, 8275 110 STREET (62-ACRES) TO ALLOW THE DISCHARGE OF A SHOTGUN/SLUG ON THEIR COMBINED PROPERTIES (80-ACRES) FOR THE 2004 DEER FIREARMS SEASON WHICH WOULD BE FROM NOVEMBER 6 TO 14, 2004 AND IS CONDITIONAL UPON PROVIDING A CERTIFICATE OF INSURANCE TO THE CITY THAT ENSURES INSURANCE IS CURRENT AND CARRIES ADEQUATE AND APPROPRIATE PROPERTY LIABILITY COVERAGE. MOTION CARRIED 5-0. B. Consider Approvinq Infrastructure Maintenance Task Force Work Plan. Monica Percic provided the Council with a brief presentation and update on the Infrastructure Maintenance Task Force Work Plan. She stated that Staff is recommending that the Task Force should have a collaborative role, similar to the East Ravine Task Force in addition to Regular Meeting — October 20, 2004 Cottage Grove City Council Page 9 an advisory one to provide Council with recommendations that fulfill the goals as outlined in the work plan. She stated that City and Staff would provide full support and guidance to the meetings as appropriate. She explained that the primary deliverables would be a City/Staff written repoR that would include scenarios and recommendations for Council's consideration noting that there are a number of issues that would not be addressed and should be accepted as unchanged for the current time. She reviewed the items considered out of scope with Council stating that they want the Task Force to focus on maintenance issues not new infrastructure. She stated that the Task Force wou�d consider seven issues: PCI Levels of acceptability; Assessment formula; Urban Assessments; Rural Residentiai Assessments; Agricultural Assessments; Commercial and Industrial; and Infrastructure/Utilities. She stated that projects would be bid over two phases and could be subject to increased costs and reviewed with Council. Ms. Percic stated that Staff is recommending twelve to twenty Task Force members and suggested advertising the positions on the City website and through local newspapers. She suggested considering appointing members from other Commissions and Committees. She referenced the Color Map provided for Council review and explained the rationale behind the recommended Task Force composition with Council. She provided Council with an overview of the work plan and requested feedback and approval to move forward with the Task Force. Council Member Kohls stated that it would be very helpful if the could see where the members live within the Community and asked if they knew how many of the members would represent commercial/industrial and school areas. Council Member Wolcott stated that the Churches, a local Doctor and an Industrial employee representative were included on the Task Force last year adding that he is not sure if the School District was represented. He agreed that it is important to include all areas of the Community in the membership of this Task Force noting that it is a lot of work. He noted that the rural and ag discussions would be the most complicated to address and asked City Attorney Thomson to be prepared to attend some of the meetings, as they would probably require legal advice when it comes to the assessment discussions. He explained that they should be cautious about the process noting that they would be tackling some issues that would be tough. He stated that they have a big job ahead of them. Council Member Kohls asked when the decisions would be made for appointments. Ms. Percic stated that they would like to have a decision made in December with the intent to begin meeting in January. Council Member Wolcott stated that the County has a cost participation policy and asked if this would continue noting that some of the rural roads are County roads. City Administrator Schroeder stated that the County is currently reviewing their participation. Council Member Kohls stated that she would prefer a larger number for membership noting the potential for loss of inembers and asked if inembers would be replaced during the course of the year. She stated that she is in favor of representation from all aspects of the Community including schools, religious, commercial, industrial and residential. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 10 Mayor Shiely asked if they want to include representation from every Commission. Council Member Kohls agreed that every Commission should be represented or at the very least, be notified of the meetings. Mayor Shiely clarified that the Council can encourage the Commissions to be involved but cannot require it. Council Member Kohls asked for an updated map when they bring the Task Force membership to Council for review and approval. MOTION BY RICE, SECONDED BY KOHLS, TO APPROVE THE INFRASTRUCTURE MAINTENANCE TASK FORCE WORK PLAN TO INCLUDE RECOMMENDATIONS AND ADDITIONS PROVIDED BY COUNCIL. MOTION CARRIED 5-0. C. Consider Approvinq a Zoninq Amendment for the PUD for Summerhill Crossinq, a Preliminarv Plat to Create One Commercial Lot and One Outlot, a Site Plan Review of Hinton Avenue. Community Development Director Blin stated that in 2002 the City approved various requests for a commercial development located at the northwest corner of Hinton Avenue and 7ptn Street. He stated that the original PUD approved two years ago included a senior housing facility located on the north side of Pine Arbor Drive. He stated that the City approved plans in February 2004 noting that construction on the senior housing facility is expected to begin in a few months. He stated that the developer, Mike Rygh, is requesting approval of a preliminary plat as well as amendments to the PUD and CUP in order to develop a gas station on the site. He stated that later phases of the development would include retail and office elements and reviewed the preliminary plat, the PUD Master Plan and Conditional Use Permit with Council. Community Development Director Blin stated that the Planning Commission held a public hearing on September 27, 2004 and unanimously recommended approval of the requests. He stated that the Commission requested that a drawing be included for City Council review that shows sufficient room exists on the gas station site to accommodate a tanker truck. He reviewed the drawing with Council noting that there is also a request to amend the Conditional Use permit for the gas station to increase the number of pump islands from four to five and allow the carwash to remain open until 11:00 p.m. He stated that the applicant has asked to be allowed to store propane and install an ice machine for storage of ice. He provided Council with an overview of the elevations for the gas station, the car wash, and the retail buildings. Council Member Kohls asked for clarification of locations for the loading areas to the building. Community Development Director Blin reviewed the loading areas with Council. Council Member Wolcott referenced the drive up lane and asked for clarification on the width of the driving lane. Community Development Director Blin stated that the driving lane would Regular Meeting — October 20, 2004 Cottage Grove Ciry Council Page 11 be 16-feet wide noting that during loading periods they would not be able to use the road or pass. Council Member Wolcott asked what the drive-up is for and would it require an additional permit. Community Development Director Blin stated that currently the developer would like to be able to reserve the opportunity for a drive-up and reviewed access points with the Council. Mayor Shiely clarified that this is a PUD request. She noted that a PUD implies that there is an easing of normal City restrictions in order to give something back to the City. She stated that when considering the requested hours of operation for the car wash and the number of fueling stations she questioned if they are getting something back for the City. She asked if this is the same number of fuel pumps a�lowed under normai zoning. Community Development Director Blin stated that the City is gaining better control with the use and appearance. He exp�ained that a Conditiona� Use Permit allows for more control over the number of pumps ailowed and hours of operation. He stated that if this were a traditional B2 zoning the City could control the gas station much the same as they do now, but they would have less control over the rest of the site. He noted that with a PUD the City can fine-tune the design of the buildings and reviewed with Council. Council Member Grossklaus stated that his concern is with the traffic flow for the rest of the development and asked for further clarification of the access points off 70� Street. Community Development Director Blin stated that the circulation through the site includes two changes that Staff believes would work and reviewed with Council. Council Member Wolcott asked for further clarification of the design and color recommendations for the two retail buildings adding that he does not want to see white. Community Development Director Blin stated that they could stipulate the colors and reviewed with Council. Mayor Shiely called a five-minute break at 8:59 p.m. Mayor Shiely called the meeting back to order at 9:10 p.m. Steve Linn, President, Linn Companies, provided the Council with a brief overview of the project. He stated that there have been a number of changes over the last couple of years that have improved the quality of the project and provided the Council with an overview of the gas station/convenience store. He referenced the colors of the station noting that it is a tan/cream color versus a true white. He stated that they have moved away from the brighter lighting and have toned down the lighting considerably. He stated that this design is very unique to the gas station/convenience store industry and for Holiday noting that it is a much nicer design than previous models. He stated that the rooflines, columns, efface and brick would match and be consistent with the remainder of the PUD in order to provide a common, consistent look. He reviewed the signage and hours of operation with the Council. He stated that he has provided Staff with the decibel readings that a typical dryer unit would produce at different distances and were abie to show that there would be no noise from the carwash that Regular Meeting — October 20, 2004 Cottage Grove City Council Page 12 would affect the residential areas noting that the noise levels would be well below minimum standards set by the state and local authorities. He indicated that limiting the hours of operations would be a reai hardship for their business and reviewed with Councii. Council Member Rice asked if they would be able to utilize credit card payment after hours. Community Development Director Blin clarified that the car wash would be closed at 11 p.m. Mr. Linn referenced the ice chest noting it is meant to handle the bulk storing of ice and reviewed with Council. He assured the Council that the ice chest would be brand new and stored off to the side of the building noting that the chest would not be for consumer use, only for storage. He clarified that they are not requesting a huge propane refill station and explained that they are proposing a propane exchange cage that would be used as a very convenient exchange for propane cylinders. He reviewed the proposed pump islands with Council stating that most gas convenience store designs call for 8 pump islands with 16 fueling stations noting that their request is for 5 pump island locations that would provide 10 fueling stations. He stated that with the size of the development and the type of operation they are proposing to build it would not make sense to build it with less. Council Member Grossklaus asked if the propane exchange cage and the ice storage chest would be kept along the front of the buiiding or along the side. Mr. Linn stated that they would be located in the front but off to the side. He explained that employees would require access in addition to being able to effectively monitor and protect the area from vandalism. Council Member Grossklaus asked if they plan to place distracting advertisement signage in the windows. Mr. Linn explained that Holiday has very strict signage standards and posters are done professionally by Holiday. He assured Council that there would be no clutter or stale signage on the windows. Council Member Kohls asked where the diesel pump would be located and if the diesel pump would be assessable for a semi or dump truck. Mr. Linn stated that the diesel pump would be located on the outer ends of the island noting that they do not get very much semi traffic. He explained that the diesel fuel would be more for the commercial vehicles and reviewed with Council. Council Member Kohls asked for clarification of the design for the canopy. Mr. Linn stated that the design would include brick columns, non-iliuminated around the fascia of the sign, all lights would be kept flush with the bottom, signage would be very restricted and would only show the logo of the company. Council Member Wolcott asked if there was any concern about traffic between the drive-up, the car wash and the building noting that his concern is with the cars exiting the car wash. Mr. Rygh stated that the area is 18-feet wide and reviewed with Councii. He stated that he could envision a business similar to a Dunn Brothers Coffee shop in this area adding that they are considering sizing it down a bit more. He stated that there is enough room for two- way traffic adding that they would probably decide against that and reviewed with Council. Mr. Linn stated that there would a stop sign or a yield sign of some kind installed to caution Regular Meeting — October 20, 2004 Cottage Grove City Council Page 13 drivers in the area. He assured Council that this would not be a continuous traffic flow area and reviewed. Council Member Wolcott stated that likes the appearance of the gas station noting that his only concern is the design of the two retaii buildings. He stated that the back of the buildings is what most people would see noting that the current design could be more appealing. Mr. Rygh agreed and reviewed the possibility of including windows and an adjustment to the roofline with Council. Mr. Linn clarified that the roofline is actually not flat noting that there is more of an architectural feel than what can be seen on paper. Council Member Wolcott agreed and suggested doing something with the roofline that would be more complimentary to the building and would make both sides of the building look more inviting. Council Member Kohls asked if any concerns were expressed at the neighborhood meetings. Mr. Rygh stated that they did receive some feedback from a resident that was included in the minutes. He stated that they discussed the location, the appearance of the buildings from the back and the traffic flow and provided Council with an overview of the feedback received. Mayor Shiely asked how pedestrian friendly this shopping center would be considering the number of senior housing units that would be attached to it. Mr. Rygh stated that Staff has been very in tune to these concerns and provided Council with an overview of the trail and sidewalk connections. Councii Member Grossklaus referenced a tree near the car wash exist and suggested removing it from the landscaping plan. He asked them to remember the neighbors when selecting the restaurant and be aware of potential unpleasant fumes. Mr. Rygh stated that considering the residential nature of the area they would probably have two to three smaller specialty restaurants versus a larger restaurant and reviewed with Council. Council Member Rice stated that the Holiday located in Woodbury has their pumps open 24 hours and asked how Councii felt about the possibilities. Mr. Linn noted that morning rush hour is getting earlier stating that 5:30 a.m. has become considerably busier and reviewed with Council. Mayor Shiely agreed stating that this takes it out of the neighborhood type center. Council Member Wolcott clarified that the store would not be open 24/7 but that it would just be credit card payments. Council Member Grossklaus stated that his concern with this project is the movement away from a neighborhood area gas station. He stated that they have done a good job with the landscaping adding that Council Member Rice makes a good point with respect to the availability to pay, via credit card, at the pump 24/7. He clarified that he does not want to see the store open 24hrs. Council Member Kohls stated that she understands the hours of availability noting that her concern is how much traffic noise this would create, in a residential area, late at night. Mr. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 14 Linn explained that it would be possible to program the computers to control access to the pumps and the car wash and reviewed with Council. Council Member Kohls asked if they could return to standard hours of operation if the 24- hour credit card access does not work. Mayor Shiely suggested trying it for one year and re- address if there are any issues or complaints. Community Development Director Blin stated that this could be part of the conditional use permit to include that it would automatically expire in one-year. Council Member Wolcott asked when they plan to begin construction. Mr. Linn stated that they plan to begin construction in April 2005 and open sometime in August 2005. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT ORDINANCE NO. 766 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CITY ORDINANCE NO. 707, WHICH APPROVED A PLANNED UNIT DEVELOPMENT AT 70 STREET SOUTH AND HINTON AVENUE SOUTH. MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 04204 APPROVING THE PRELIMINARY PLAT AND SITE PLAN REVIEW FOR SUMMERHILL CROSSING 2 ND ADDITION. MOTION CARRIED 5-0. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 04205 AMENDING RESOLUTION NO. 02-020, WHICH APPROVED A CONDITIONAL USE PERMIT FOR A MOTOR FUEL STATION CONVENIENCE STORE AT THE PROPOSED PLANNED DEVELOPMENT TO BE LOCATED ON THE NORHTWEST CORNER OF 70 STREET AND HINTON AVENUE AND TO INCLUDE A ONE-YEAR OVERNIGHT CREDIT CARD PAYMENT OPTION TO EXPIRE ONE YEAR FROM THE OPENING. MOTION CARRIED 5-0. D. Consider Aqproval of Hiqhwav 61 Corridor Proiect Communitv Development Block Grant Contract with Washinqton Countv. Community Development Director Blin reviewed the Washington County contract agreement with Council. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO APPROVE THE HIGHWAY 61 CORRIDOR PROJECT COMMUNTIY DEVELOPMENT BLOCK GRANT CONTRACT WITH WASHINGTON COUNTY. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Regular Meeting — October 20, 2004 Cottage Grove Ciry Council Page 15 Council Member Grossklaus referenced the three new pylon signs on Highway 61 stating that he thought they getting a better design. He stated that he likes the brickwork adding that it seems like the signs are missing something. Council Member Wolcott agreed with Council Member Wolcott stating that the signs they discussed would mirror the gateway signs and reviewed with Council. Community Development Director Blin assured Council that the signs were built according to the approved plan and reviewed. Councii Member Kohls stated that she a Resident recently approached her with concerns regarding street cleaning in their neighborhood. She explained that the residents are concerned about the difficulty in locating the area along River Acres Road and Inman Avenue due to the street numbering. She stated that only four homes are located on Inman Avenue and asked why the street was not a number street. Mayor Shiely explained that it is not a north/south street. Council Member Kohls asked what the process would be if the Residents were interested in changing the address. Council Member Wolcott stated that it is not a simple process to change and address and reviewed with Council. City Attorney Thomson further explained that street names have to be changed by ordinance and notification must also be sent to the Post Offices and 911 Dispatch centers. Mayor Shiely suggested that the four residents present their case to City via a petition process noting that all residents would have to be in agreement prior to presenting a petition for Council consideration. Mayor Shiely stated that the Halloween Parade is scheduled for Saturday, October 30, 2004. She stated that the judging for best costume would begin at 10:00 a.m. and the parade would follow at 11:00 a.m. She encouraged everyone to come down and join in the fun. Mayor Shiely thanked the students from Hillside School noting that the students spent the day conducting mock Council meetings and reviewed with Council. Mayor Shiely reminded everyone to be sure and get out and vote Tuesday November 2, 2004. PAY BILLS MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO APPROVE CHECK NUMBERS 136900 THROUGH 137171 TOTALING $931,459.82. 136900 — 136932 IN THE AMOUNT OF $149,474.10 ISSUED PRIOR TO APPROVAL.) MOTION CARRIED 5-0. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Council Member Mark Grossklaus PAYMENT OF (CHECKS COUNCIL Regular Meeting — October 20, 2004 Cottage Grove City Council Page 16 Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Howard Blin, Community Development Director Les Burshten, Public Works Director Corrine Thomson, City Attorney WORKSHOP SESSION — OPEN A. East Ravine Update Community Development Director Blin provided the Council with an update on the East Ravine. He reviewed the Land Use Plan that included the area east of Keats Avenue; the realignment of Mititary Road; the residential and green space areas; the retail areas in Cedarhurst area that would transition to a mix use/townhouse type development; the proposed infiltration space and market study; with Council. He stated that they are actually estimating approximately 6000 housing units in the East Ravine area adding that they are probably quite a bit under what the market could support. He reviewed the East Ravine Parkway with Council stating that they would like to preserve the larger lots for larger, more substantial housing in that area. He stated that there would also be some opportunities for less than 85-foot lots that would allow a variety of housing types in the area neighborhoods. He stated that they would create loop streets and front the homes along the parkway area. He noted that recreation areas, park areas or drainage would be located in the center of the loop streets and reviewed with Council. He provided the Council with a brief overview of the schedule and timeline noting that they are in the process of completing the proposed infrastructure plans. He stated that it is their hope to be done with the proposed plan by the end of November with the intent to schedule a workshop discussion with Council in January 2005. He stated that in March they plan to ask Council to amend the Comprehensive Plan and forward to the Metropolitan Council for their review and approval. Mayor Shiely asked if the Metropolitan Council has been involved with the technical planning. Community Development Director Blin confirmed that they have been involved throughout the entire process and reviewed with Council. City Administrator Schroeder reviewed the housing performance scores they received from the Metropolitan Council noting that their score is 58, which is down from prior years. He stated that Cottage Grove is in the top third of all Cities and reviewed with Council. Community Development Director Blin stated that they plan to begin discussions with Council in the April/May/June timeframe with the hopes of beginning to rezone parcels within the East Ravine in the August timeframe. He stated that the developers are very aggressively pursuing land deals with the East Ravine landowners and reviewed with Council. He stated that in terms of the public process over the next few weeks, the Advisory Team is scheduled Regular Meeting — October 20, 2004 Cottage Grove City Council Page 17 to meet next week and an Open House is scheduled for November 15� and will be held at the Cottage Grove Junior High School from 7:00 p.m. to 9:00 p.m. He stated that it would be a very informal open house setting that will provide an opportunity for people to come in, review the proposal and ask questions. B. Capitol Improvement Plan Finance Director Hedberg provided the Council with an overview of the Capitol Improvement Plan for 2005 through 2009. He referenced the document provided for Council review stating that it includes several projects including carryover from 2004. He explained that the Capital Improvement Plan is a five-year planning document that includes public buildings, facilities, parks, and playgrounds. He stated that Staff works to identify projects out on the horizon and as they approach, begin the planning process. He reviewed the proposed projects for 2005 with Council noting that approval of the document does not mean that all projects within the document are approved. He explained that the proposed project expenditures are matched with the potential revenue sources and that time is impacted by the available funding sources. He stated that they try to remain relatively consistent with their level of spending and that in 2005 they would see a Water Resource Study that could impact the timing of some the utility projects. He stated that the identified items and projects serve as a working plan for Staff noting that all projects receive independent Council authorization. He provided the Council with a summary of the 2005 projects and project funding by year noting that in 2005 they do not have any new projects that would be funded by the property tax levy. He reviewed the annual debt service levy and what it includes with Council. He stated that the CIP serves as the work plan for 2005 that includes upcoming projects and funding sources and attempts to manage the debt levels. Council Member Wolcott asked if they have decided when they are going to build the water tower. City Engineer Levitt stated that they would do a water study to determine what needs to be done and what year they would do the work. Council Member Wolcott asked if they plan to provide service to all of the East Draw area with the current water tower. City Engineer Levitt referenced page 42 and reviewed with the Council. Council Member Wolcott suggested placing a sign in the area that announces the "Future home of new Water Tower'. Council Member Kohls stated that she has reviewed the projects and has major concerns with the funds and balance. She asked for further clarification and more information on the revenues and how they plan to put the dollars back into the funds used to cover these projects. City Administrator Schroeder reviewed the stormwater projects and funding with Council noting that the funding needs are in the millions and the ability to fund all of the projects is restricted. He assured Council that Staff would be revisiting the funding issues with Council. Regular Meeting — October 20, 2004 Cottage Grove City Council Page 18 Council Member Kohls asked what the East Ravine is going to cost over next five years. She stated that she wouid like a list of the projects and the proposed dollars that would include where the funding would come from. City Administrator Schroeder stated that they could provide this information to Council for their review sometime after November. Council Member Wolcott stated that they would also need an idea of the assessments included with the summary for their review. Council Member Kohls agreed stating that she wants to know how the $5 million would be funded. City Administrator Schroeder clarified that the theory has always been that whatever that number is you divide it by the number of lots and the developer would pay based on that number. He agreed that there is a balance that would need to be addressed and reviewed with Counci�. Council Member Kohls referenced the 2009 proposal for the Community/Government Center and asked how they determined the numbers and if they are firm. She acknowledged that they are growing out of the current City Hall noting that the numbers are twice what she thought they would be. City Administrator Schroeder explained that the numbers came from research Staff has done to determine what other City's have done in the past and reviewed with Council. WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 10:50 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.