Loading...
HomeMy WebLinkAbout2001-06-20 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL June 20, 2001 OPEN FORUM — 7:15 p.m. dpen forum provides a person an opportunity to inform the Council of a probiem or to request information reiated to City business not scheduled for Council action and orrthe Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohis Councii Member Pat Rice Council Member Jim Woicott Aiso Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Police Captain Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attomey, Kennedy and Graven Loweli Torseth, 8040 Kimbro Avenue South, stated he has yet to see an engineer represent#he City of Cottage Grove at a Watershed District meeting. He asked the Council whythe City of Cottage Grove does not have an engineering representative at the Watershed District meeting. He stated that the meetings are usually attended by pianning staff and frequentiy by one or two Councii Members. He stated that they need someone to represent the City of Cottage Grove and wouid like to see the Council take action on this issue. Mayor Shiely thanked him for his comments and stated that they will get response from staff on this issue and it will be addressed under the Previousiy Raised Open Forum issues at the first Council Meeting in August. Vem Rieter, 8596 Indian Bouleva�d`South, and Vice President of the Southeast Metro Amateur Radio Club, along with Dennis Ackerman, Chairman of the Board stated that invitations were sent to the Council and they would like to take the opportunity to personally extend invitations to each of them to attend the Amateur Radio Field Day event this weekend. He reviewed the fu�ction and putpose of the day and the actiuities with the Council and stated the event is scheduled to begin at 12:00 p.m. on June 23 a�d run through June 24, 2001, at Oakwood Park. CALL TO ORDER The City Councii of the City of Cottage Grove, Washington County; Minnesota heid a regular meeting � on Wednesday, June 20 2001, at the Cottage Grove City Hall, 7516 80`h Street South. Mayor cailed the meeting to order at 730 p.m. Regular Meeting — June 2Q 2001 Cottage Grove City Council Page 2 ROLL CALL Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryf Kohls Councit Member Pat Rice Councii Member Jim Wolcott Also Present: Ryan'Schroedet, City Admi�istrator Ron Hedberg; Finance Director John Mickeison, Police Captain Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Directorof Community Development ' Michelle Woife, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Gtaven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTI", SECONDED BY RICE, TO APPROVE THE FINAC AGENDA. MOTION CARRIED 5-0. PRESENTATIONS A. Great Grove Get Together Committee on the 2001 FestivaL Mayor Shiely thanked the Cornmittee members for their outstanding service to the community and for organizing`an extrerriely successfui festiVai. She'presented each committee memberwith a Certificate of Appreciation. Kevirr Raun provided a review of the festivities for the Council. He stated that the festivai was a' tremendous success and that the volunteers from this year have already signed up for next year: B. Comprehensive Annual Finaneial Statements for 2000 Mark Gibbs, Partner, HLB Tautges Redpath, LTD, presented the 2000 Financial Statements and reviewed the Management Report with the Council. He provided the' Council with an information packet thai included a copy of the Financiai Statements, the auditor's Finaneial Analysis Report; and letters of required communications. - Mayor Shiely asked #or"ciarification ofi the street light funtl`> Council Member Hale asked for clarification on the recommendation for the ice Arena Fund. Ne asked whether theywere suggesting a policy statement for how the deficit should be handled`or whether they were suggesting a way of operating it without a deficit: Mr. Gibbs elarified that they do`not have an answer on howto operate without`a deficit. He stated' that they are suggesting coming up with a policy or funding source to address the issue through the budget process. Regular Meeting — June 20, 2001 Cottage Grove Cify Council Page 3 C. Myra Peterson - South Washingtorz County Garden Tour Myra Peterson provided a review of the upcoming South Washington County Garden Tour to the Council. She stated that it is scheduled for July 15, 2001, 10:00 a.m. to 5;00 p.m: She reviewed the businesses where tickets can be purchased and explained that the tour is self-driven and can begin at any of the locations on the toor schedule. She stated #hat this is their fifth year and that they have nine gardens on the tour this year. APPROVAL OF MINUTES The minutes of the May 1B, 2001 Regular Council Meeting were approved as presented. The minutes of the May 23;,2001 Special Councit Meeting were approved as presented. CONSENT CALENDAR City Admi�istrator Schroeder stated that they included an amendment tothe agenda materials that were provided on Item 4A: Councii Member Hale stated he had questions on Item 4.E. and Item 4.L. He asked for clarification on Item E as to whether all property owners have bee� contacted and necessary approval has been obtained. He asked for clarification on NURP standards for Item L and asked'when the City aliows a developer to use NURP daes the Council stiil have controi over whether they accept the NURP standard or once we give up the tight and meet their sta�dards; do we automatically'have to approve their plan. Community Development Director Lindquist addressedJtem 4.E. stating tfiaf the affected property owners have been notified and are aware of the proposal. She explained the NURP processfior item L and stated that the NURP standards are for water quality and are more difficult standards to meet. She confirmed that the NURP is thehigher standard: Mayor Shiely stated that for Item 46 she would highlight and read the proclamation under Council Comments and Requests. MOTION BY WOLCO'T'f, SECONDED BYHACE, TO: A: ACCEPT AND PI�CE ON FI�E THE FOLLOWING MEETING MINUTES:' i: PUBLIG'S/�FETY; HEALTH AND WE�FARE GOMMISSION -APRIL 10,2001. ii. ECONOMIC DEVELOPMENTAUTHORITY—APRIL 10; 2001 REGULAR, APRIC 18, 2001 SPECIAL, AND MAY 8, 2001 SPECIAL MEETINGS. iii: PUB�IC WORKS COMMISS90N - MAY 14, 2001. B. PROCLAIM TUESDAY AUGUST 7, 2001 AS NATIONAL NIGHT OUT W THE CITY OF COTfAGE GROVE AND INVITE A�� CITIZENS TO JOIN THE MEMBERS OF THE POLICE DEPARTMENT AT WOODRIDGE PARK, BEGWNING AT 5:00 P.M., FOR A GdMMUNITY GELEBRATION AND BARBEQUE TO SRY GOODBYE TO CRIME AND DRUG5 WITHIN THE COMMUNITY. C. AUTHORIZE EXPENDITURE OF A$4,000 CITY MATCH FROM THE GAMBLING CONTRIBUTION' FUND TO THE COl GROVE JAYCEES FOR THE FOURTH OF Regular Meeting — June 2Q 2001 Coffage Grove City Council Page 4 + JULY FIREWORKS DISPLAY AT KWGSTON PARK. - D. ADOPT RESOLUTION N0. 01-077, A RESOLUTION APPROVING THE FINAL PLAT FOR PINE SUMMIT 2 ADDITION. E. ADOPT RESOLUT/ON NO. 01-078; A RESOLUTION APPROVING CONSTRUCTION ' PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TRUNK WATER SERVICE FROM 65 STREET FOR THE PROPOSED ELEMENTARY SGHOOL, 7447 - 65 STREET SOUTH. ADOPT RESOLUTION N0:.01-079, A RESOLUTION APPROVING CONSTSRUCTION PLAN3 AND SPECIFICATIONS FOR SANITARY SEWER AND WATER FROM THE SOUTH OF THE PROPOSED ELEMENTARY SCHOOL AT 7447 - 65 STREET SOUTH. F. AUTHORIZE THE PURCHASE AND INSTA��,4TION OF MODULAR PLAY STRUCTURES AND SAFETY CUSHIONS AT LAMAR AND HEARTHSIDE PARKS IN THEAMOUNT Of $49;994.52 FROM WEBBER RECREATIONAL DESIGN WC./MIRACLE: G. ADOPT RESOLUTlON NO. 01-OSO, A RESOLUTION APPROVING FINAL' PAYMENT IN THE AMOUNT OF $13,255.48 TO IN�AND-UTILITY GONSTRUCTION, INC., ON THE PINE GLEN 7T"ADD ITIO N-PROJ ECT: H. APPROVE THE PURGHASE OF A MODEL HR-519 JAGOBSEN MOWER FROM NORTH STAR TURF FOR THE PARKS DNISION INTHE AMOUNT OF $37,764.90. I. APPROVE THE PURCHASE Of 30 POUNDS'OF CRAFCO 221 CRACK SEALANT ` MATERIAC FROM THE BERGMAN GOMPANIES, IN THE-AMdUNT OF$18;600.00. `' J. APPROVE THE 2001 - 2003 LABOR AGREEMENT WITH I.U.O.E; LOCAL NO. 49 FOR THE- PUBLIC WORKS BARGAW WG UNIT. K. APPROVE THE SUBDIVISION AGREEMENT BETWEEN PULTE HOMES AND THE CITY OF COTTAGE GROVE FOR TIMBER RIDGE ADDITION, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. ADOPT RESOLUT/ON NO.A1=081, A RESOLUTION ORDERING 1MPROVEMENTAND PREBARATION OF PLANS AND SPECIFICATIONS FOR THE TIMBER RIDGE ADDITION PUBLIG UTILITY AND STREET IMPROVEMENT PROJECT. L. ADOPT RESOLUT/ON NO. 01-082, A RE50LUTION AMENDING RESOLUTION NO: 00- 201, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A SITE PLAN REVIEW TO ALLOW CONSTRUCTION 0F A GOUNTRY INN AND SUITES H07EL'fAT 835d EAST POINT'DOUGLAS ROAD: ' M. APPROVE THE SUBDNtSION AGREEMENT BETWEEN TOLLEFSON DEVELOPMENT AND THE CITY OF COTTAGE GROVE FOR ALMAR VILLAGE, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. ADOPT RESOLUTION NO. 01-083, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OFPLANS AND SPECIFICATIONS FOR ALMAR VILLAGE PUBLIC Regular Meetrng — June 2Q 2001 Cottage Grove Cify Council Page 5 UTILITY AND STREET IMPROVEMENT PROJECT N. AUTHORIZE ISSUANCE OF THE DANGE PERMIT CONTINGENT UPUN CONDITIONS - OUTLINED IN CARON STRANSKY'S MEMO DATED 6l18J01. O, ADOPT RESOLUTION NO. 01-084, A RESOLUTION AMENDING RESOLUTION NO. 00-38, ADOPTING A 2001 PAY PLAN FOR EMPLOYEES NOT COVERED BY A LABOR CONTRACT FOR THE CITY OF COTTAGE GROVE, pROVIDiNG FOR A THREE PERCENT PAY'INCREASE FOR GROUP A EMPLOYEES EFFECTIVE JANUARY 1, 2001. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISEDAPEN FORUM ISSUES NONE. PUBLIC HEARINGS ►IR�T►i:� BID AWARDS A. Conside� Awarding Bid for the Towing and Impounding Services Contract Staff has reviewed the material presented by Southeast Towing for the bid to receive the City's towing contract. Staff recommends acceptance of the bid and award the contract to Southeast Towing. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO AWARD THE BID TO SOUTHEAST . TOWING, ING, FOR THE TOWING AND IMPOUNDING SERVICES, APPROVE THE THREE-YEAR CONTRACT, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT ON BEHALF OF THE C1TY. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. ' Give representatives of Avanti Petroleum Inc.: an 0000rtunitv to Admit or Denv the Underaoe Mayor Shiely stated that on May 25, 2001, the Public Safety Department conducted an alcohot compliance check for Cottage Grove Iicensed businesses. She stated that of the 131iquor licensees, 12 refused to sell liquor to the underage volunteer and one (1) licensee completed the sale. She stated that Avanti Petroleum, Inc. failed the compliance check for underage sale of liquor to a minor adding that this is their first violation. She explained that the licensee is being given fhe opportunity to admit or deny the allegation. Mayor Shiely stated that if the ticensee admits to the violation,, the Council may impose the authorized fine for a first violation or $500.00. She stated that in the evenY that, the Iicensee denies the allegation, staff would schedule a oontested caSe hesring before an administrative lawjudge. There were no representatives from Avanti and the Council imposed a fine of $500.00. Regular Meeting — June 20, 2001 Coffage Grove City Council Page 6 MOTION BY WOLCOTT, SECONDED BY KOHLS, TO IMPOSE A FINE OF $500:00 TO AVANTI PETROLEUM, INC. FOR A FIRST VIOLATION WITHIN 24-MONTHS FOR THE UNDERAGE SALE OF LIQUOR TO A MINOR. MOTION CARRIED 5-0. B. AIIow Reoresentatives of the Cottage Grove VFW an Opportunity to Admit or Deny the Unde�aqe Sale of Liauor to a Minor on November 29. 2000 Mayof Shiely stated thaf on November 29, 2000; Cottage Grove Police conducted an alcohoi compliance check on all Cottage Grove licensedliquo� holders. She stated that the VFW failed their third compliance check within 24 months. Representatives from the VFW appeared before the Council on February 7 requesting a contested case hearing before an administrative law judge: To make sure the VFW was actually disputing that a violation occurred or whether they were oniy concerned about the penaity, Mayor Shiely reported that the City Attorney, Co�rine Thomson, contacted the VFW's legal counsel, Jim Gasparini. Jim Gasparini, Afton Law Office, representative for Cottage Grove VFW, stated that they have been in contact with City Attorney Thomson and expiained their understanding of the violation and the fines. He stated that they had been advised that they would probably prevail in a hearing but that due. to costs of a full day hearing, their costs wouid be in excess of any fine Ievied by the Council. He stated that they are here to admit to the violations. MOTION BY RICE TO ACCEPT THE COlTAGE GROVE VFW'S ADMISSION TO THE NOVEMBER 29, 2000 LIQUOR VIOLATION; AND IMPOSE A$1,500.00 FINE FOR THEiR THIRD VIOLATION W 24 MONTHS. Council MemberRice emphasized that there wiil not be`a next time and if there is, thaf a$2,000:00 fine with a one-day license suspension would be imposed. Mr. Gaspa�ini stated thatthe,purpose of his being here was to explain the circumstances surrounding the violation and to ask for a reduced fine. He stated that they are asking for a significant reduction in the fine: Mayor Shiely stated that Councii Member Rice has made a motion adding that if we get a second it is' on the floor. She stated that then they can discuss the request Mr. Gasparini stated that if the motion is to impose a$1,500.00 fine;'that he would withdraw the admissiorr. He stated that he would Iike to give admission contingent upon the Council hearing the circumstances. He stated he did not want to give testimony adtling that he would like to provide a condensed version of the facts. MOTION`SECONDED BY HA�E Council Member Hale stated that he secontled the motion ior the purpose of opening this up for' discussion edding thaf the motion can be amended if necessary: Mayor Shiely clarified that the Council has moved and seconded and it is open fo� discussion. She stated the motion could be amended or denied based on what is said. Mr. Gasparini reviewed the facts with the Council stating that he represented Cindy Bachrodt. He explained that she is not a regular staff member, that she was a volunteer filling in during a staff meeting. He stated that the ID's did not ciear the swipe machine and that this was not a blatant effort Regular Meeting - June 20, 2001 Coifage Grove City Council Page 7 to defy the ordinance. He stated that there are three eyewitnesses who were at the bar that could verify that she was trying to card the individuais and that there was a problem with the ID's. He explained that before she was abie to retrieve the ID's one of the individuals had left and already notified the police that they had been served: He asked that the Gouncil take this into consideration and to fine according to the circumstance of the situation. Mayor Shiely asked for clarification on the intentto withdraw admission based on the motion. She ' clarified the Council's intent and asked the City Attomeyfor clarification: City Attomey Thomson ciarified the legai issues with respect to the requestfior a lesser finebased on circumstance. She stated that the Council could make the determination on the penalty based'on the guidelines and circumstance. Councii Member Wolcott asked about the (D's noting the statement that they were!tampered with and that he would liketo know both sides. He stated that he' did not see any witness statements. He expressed his concetns and ciarified that this is not the first time but the third time a violation has oecurred in 24 months. He stated that he wouid Iike further background information on this issue and the ciaim that'the licenses have been tampered be substantiated. Mc Gasparini stated that the VFW did pass the last compliance checKon May 25, 2001-. He explained that the Washington County Judge accepted the plea of Petty Misdemeanor and imposed a fine of $50.00 against the seller. City Clerk Stransky reviewed the violations that have occurred over the Iast 24 months with the Councii. Councii Member Wolcott asked for clarification regarding notificatio� of compliance checks: Poiice Captain Mickelson explained the compiiance check process to the CounciL Councii Member Kohis asked for further clarification on the memo dated March 16, 2001 written by City Attorney Thomson. She asked for clarification on the fines for the previous violations. City Clerk Stransky reviewed the fines imposed for each of the violations. City Attomey Thomson clarified statements in the memo to the CounciL Council Member Wolcott asked for darification on the process of the motion if the admission is withdrawn: Council Member Kohis asked the VFW manager to clarify the processesthey are taking to avoid this situation in the future. Erick Bachrodt, Manager, Cottage Grove VFW, reviewed the procedures they are taki�g to educate their employees: UPON VOTEBEING TAKEN, MOTION CARRIED 5-0. C. ,t Regular Meeting — June 20, 200� Cottage Grove Crty Counci! Page 8 Community Development Director Lindquist stated that the applicant is requesting approval of a conditional use permit to aliow commercial use of ahistoric property. She stated the proposal inciudes two accessory apartments, one within the principal structure and one in an accessory structure, and converting the existing barn to office space and perhaps a� artisYs studio. She stated that it is intended these upgrades would occur over time: She stated the applicant also requested approval to construct a detached garage, north of the accessory apartment structure. Staff does not suppart this request because of the total square footage of the existing outbuiidings, the presence of a single-cat attached garage on the accessory apartment structure, and the ability-to add on to the accessory structure for additionab storage. MOTION BY HALE, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-085, A RESOLUTION APPROVtNG A CONDITIONAL USE PERMIT TO PAULA AND MICHAEL 6USHILLA TO ALLOW , LIMITED COMMERCIAL USES AT AN HISTORIG PROPERTY LOCATED AT 10276 POINT DOUGLAS ROAD SOUTH. MOTION CARRIED 5-0. D. Consider Salt Storage Shed Construction City Administrator Schroeder expiained that Gouncii had requested that staff redesign#he proposed salt shed to contain conc�ete pre-cast panels and roof section. He reviewed the proposal with-the Council stating that the projecf is within the budget. Councii Member Wolcott asked for ciarification on who would be doing the work and whether itwould be done internaily or by contract. City Administrator Schroeder explained the notification and bid process #o the GounciL Council Member Kohis expressed her concerns and clarified that the amount spent would not exceed ' the budgeted amount. She asked if the wording couid be changed from "approximately° to "not to exceed'': MOTION BY HALE, SECONDED BY WOLCOTT, TO AUTHORIZE STAFF TO OBTAIN B1DS FOR THE CONSTRUCTION OF A SA�T STORAGE SHED AS OUTLINED IN THE JUNE 12, 2001 REPORT FROM ALLAN LARSON, PUBLIC WORKS TECHNICIAN. MOTION GARRIEO 5-0. E. Consider Authorizinq Staff to Contract with SRF Consultinq Group to Gonduct a Traffic Study Mayor Shiely asked if this has been done before and if this is unusuai for a devefoper to do such a detailed study on a property that is outside the MUSA. She expressed concems in that this will eventuaily become a MUSA expansion. Community Development Director Lindquis# stated that the developer of the proposal has initiated the traffic study in order to aid intthe City'sreview of the development concept: She clarified that similar to other development projects, SRF has been hired to do the traffic work. She stated that they were paid by the developer but contracted through the City. She stated that because traffic wo�k is occurring in the area, staff had aiso requested a proposai for some preliminary engineering work to assess 103r Street and other potential road alignments to the west. She expiained the issues that came out of the previous Council discussions adding that the developer feels they need #o obtain the traffic study information in order to provide a ciear understanding. She sta#ed thatShe traffic study would beiong to the City. Regular Meeting - June 20, 2001 Cottage Grove City Council Page 9 Council Member Wolcott asked for clarificatio� on the number of hours it would take to do the study. Council Member Hale asked for dacification on the areas that they are looking affor the study and specificaliy mentioned Grey Cloud TraiL Councii Member Kohls asked, if after the study is complete, would the numbers from the traffic study stili be good in this particular area 90 years out Commu�ity Development Directo�Lindquist explained the process, adding that the numbers for that area should still be valid. MOTION BY RICE, SECONDED BY HALE, TO AUTHORIZE STAFF TO CONTRACT WITH SRF CONSULTING GROUP FOR THE TRAFFIC STUDY OF THE SOUTHWEST PLANNING DISTRICT AT A COST NOT TO EXCEED $3,600.00. MO710N CARRIED 4-1 (SHIELY NAY).. F Mayor Shiely stated that Matthew Francis requested that the hunting ordinancebe amended to allow him to bow hunt in 5ections 7 and 8, south of 70`" Street She stated that at the June 12` 2001 meeting of the Pubiic Safety, Heaith and Welfare Commission; a recommendation was made to consider amending the hunting ordi�ance to aliow hunting on property zoned as a no hunting zone; to bow and arrow only. She stated that staff is �ecommending denial of the ordinance. MOTION BY HALE, SECONDED BY WOLCOTf, TO DENY THE AMENDMENT TO THE HUNTING ORDINANCE AS REQUESTED BY MATfHEW FRANCIS. MOTION CARRIED 5-0.` G. Conside� Revocation of the Conditional Use Permit Issued to A& F Auto. Mayor Shiely commented that this is not a public hearing. Community Developme�t Director Lindquist stated that on October 4, 2000; the City Council referred this matter to an Administrative Law Judge (ALJ) with the Minnesota Office bf Administrative Hearings to establish a factual record and receive recommendation from the ALJ as to whether the Conditional Use Permit of A& F Auto Parts couid be revoked. She stated that hearings were held before the ALJ in December and March. The ALJ determined that there have been numerous violations of the conditional use permit over the years: City Attorney Thomson teviewed the violations with the Council stating that the City now has the factual and legal basis to revoke the conditionai use permit. She stated that this would eliminate A& F Auto's right to operate and store equipment on the property, except for a one-acre area that constitutes the original area of nonconforming use. ` She stated that if the conditional use permit were revoked, any continuing use of the property for automotive reduction and recycling purposes wouid violate the City's zoning ordinance. She stated that Mr. Martin should be given a reasonabie period of time to comply with the ordinance befo�e the City takes furthe� action to compel`compliance. She stated t6at'City Staff is exploring alternatives for obtaining compiiance, including estimated costs and will provide the info�mation to the City Councii'at a future Gouncil meeting, if Mr. Martin fails to voluntatily comply with the Gity's zoning ordinance. She stated that staff recommends adoption of the resolution �evoking the conditionai use permit; City'Attorney Jim Strommen, Kennedy and Graven, reviewed the issues with the CounciL He summarized the memo he received from the Attomey Dan Rosen who represents Mc Martin. He i ! . Regular Meeting — June 20, 2001 Cottage Grove City Council Page 10 �' stated that Mr: Rosen is requesting that the Council continue this hearing until the nexT Council meeting due to the fact that Mr. Martin is ili and unable to attend. Mayor Shiely asked if there was a timeframe for making the decision and how long Mr. Ma�tin' is expected to be ili. Mc. Strommen stated that the one legal issue is due process: He ciarified that based on the background, Mr. Martin has had an opportunity to be heard in the past, stating that he is now represented by an attomey. He stated that'the Council has approached this issue'with caution`and has given Mr. Martin opportunity to respond. He stated that the Council has already deferred this" issue to allow time for Mc Martin to addressShe Council. He stated that this is a matter of evidence buift over time and that there is no new information to bring to the CounciL He reviewed his unde�standing of the intenf for revocation of the conditionai use pe�mit adding that there are steps that need to be taken with this process. CounciP Member Hale stated that if the CounciPdoes revoke the conditional use permit, he wouitl need further clarification on the proposed resolution. Community Development Director Lindquist referenced the last page of the resolution'and clarified that they �ecommend revoking the conditional use permifso that Mr. Martin can no longer operate tfie business. She stated that the next step is to bring the property into compliance as a residentiai Prope�Y• City Attorney Thomson clarified that they have discussed three months as an option for the timeframe and asked if this would be enough time to clean' up the property: Councit Member Kohis asked what would happen if after the deadline the property isnot cleaned up, would the City have the right to come in and facilifate cleanup. She'asked for darification on the costs if the City has to come in and clean up the property. Community Development Director Lindquist expiained the process the City,could take if it is not completed in the timeframe aliotted. She explained the requirements and pofential costs with the CounciC City Attorney Thomson suggested striking the paragraph that inciudes the specific date and inciude a" paragraph that would direct staff to work with Mr: Martin. She stated that based on action or interaction it couid then be brought back to the Council for further direction. Council Mem6er Rice expressed his concerns regarding the three-month timeframe stating that he wants to see something moving within one month. He asked for clarification'on the numbers. Council Mernber Wolcott expressed his concems regarding timeframe. He referenced the last paragraph and asked for clarification on the timeframe given to oease operation as a business if the paragraph remains and what it would be if it we�e removed. City Attomey Thomson clarified the intent of the last paragraph adding that Mr. Martin must cease operation as a business immediately. She stated that they coultl add verbiage that clarifies the timeframe. Councii Member Rice stated his preference to see a monthly report that wouid inciude the numberbf vehicles a�d tires removed from the property. He stated that he wants the paragraph revised to state Regu/ar Meefing — June 20, 2009 Cottage Grove City Council Page 11 that Mr. Martin has six months from June 20, 2001 to be in complete compiiance addi�g that in three months he must be 50% completed. Council Member Wolcott stated he would prefer a 20%o removal fo� each month. MOTION BY WOLCOTf; SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-086, A RESO�UTION REVOKING THE CONDITIONAL USE PERMIT'ISSUED TO A& F AUTO PARTS, 10876 1DEAL AVENUESOUTH, REQURING COMPLIANCE NO LATER THAN 150 DAYS WITH NO LESS THAN 20% REMOVAL PER MONTH. MOTION GARRIED 5-0. H. Community Development Director explained that Semper Development has applied for a preliminary plat to create two commercial lots, a site plan review for a new 15,120 square foot Walg�een's, and a conditional use permit to allow a drive-through pharmacy window: She stated thaf the site pian proposing the modifications to the property is identified as C2.1 on the fuli size plans. John Kohler, Semper Development, reviewed the proposal with the Council. He stated that they have had discussion with Dairy Queen adding that they wouid like to be able to tie in and expand parking. He reviewed the areas with the Council, Council Member Hale asked if there have been any discussions with the Dairy Queen. Mr. Kohler indicated they have spoken with Dairy Queen and will revisit their interest when the second lot is developed. Councif Member'Kohls asked for clarification on what is being approved and restrictions. Community Development Director Lindquist clarified the resolution to the Councii MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01-087. A RESOLUTION APPROVING THE PRELIMINARY PLAT AND SITE PLAN REVIEW FOR WALGREEN'S. MOTION CARRIED 5-Q MOTION BY KOHLS, SEGONDED BY WOLCOIT, TO ADOPT RESOLUTION NO. 01-088, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE THROUGH PHARMACY WINDOW AT WALGREEN'S, 7241 - 80TH STREET SOUTN: MOTION CARRIED 5-0. Consider Approvai of Right-of-Way Ordinance City Administratar Sch�oeder stated that the Public Works Department has prepared an o[dinance relating,to the administration and regulation of public right-of-way. He stated thaf the primary purpose in recommending the ordinance is to better manage various improvements made within public roadways, placement and maintenance of facilities and equipment currently within the right-of-way, and to better control the installatian of future improvements. He stated that the Public Works Commission reviewed the proposed right-of-way ordinance at several meetings and that they u�animously approved the proposed ordinance at their meeting on April 9, 2001. He stated that the Gity's legal counsel has reviewed the proposed right-of-way ordina�ce and'found the provisions contained within tfie ordinance to be similar to othe� municipai ordinances regulating public right-of- way improvements. He reviewed the contents of the proposed ordinance with the Council adding that a Regular Meefing — June 2Q 2001 Cottage Grove City Council � Page 12 � � it also establishes criteria when work within the right-of-way cah or cannot be performed. He stated that upon adoption of this ordinance that it would be necessary to amend the City's Resolution establishing fees for purposes of establishing rates and fees for the registration and permitting process. He stated thaf Staff recommends adoption of theproposed ordinance. Gouncii Membe�kohls asked for further clarification on what right-of-waymeans for the public. Jim Strommen, Attorney, explained Yight-of-way to the Council. He reviewed various cities thaY are also reviewing right-of-way issues and adopting similar changes. He stated that he is comfortabie with this proposai considering the size of the Gity of Cottage Grove. MOTION BY'WOLCOTi, SECONDED BY KOHLS, TO PASS ORD/NANCE NO. 700; AN ORDINANCE RELATINGTO THE ADMINISTRATION AND REGULATION OF PUBLIC RIGHTS-OF- WAY IN THE PUBLIC INTEREST, AND PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS; AMENDING AND REPEALING PORTIONS OF TITLE 7 AND ADDING CHAPTER 6 TO TITLE T OF THE COlTAGE GROVE CITY CODE. MOTION CARRIED "5-0. � Mayor Shiely explainetl thaf this project was initiated when Councii received a petition from the Pine Coulee neighborhood aski�g Cou�cil to consider constructing a frontage road extension and signal system modifications to create a new access to Highway 61. Council Member Kohis asked for clarification on the budget and costs. City Administrator Schroeder clarified the stages of the project and where they are in the process. Councii Member Hale stated that the residents want documentation regarding costs adding that there is a great deai of interest in improving this area of Highway 61. He stated that if the Highway Department were going to invest in the median upgrade, the residents would want to know what the assessments would be. He suggested closing the median and increasing the Highway DepartmenYs contribution. He stated he had three issues that he would like addressed: (1) Ask the Engineering,staff to see if the Highway QepartmenYs contribution to the project could be maximized. (2) Do an analysis of the project costs. (3) Determine actuai costs and dete�mine what the City would contribute. Hale stated that he would like to see the project go through. He suggested they pull the information together for presentation to the residents a�d then schedule a public hearing to discuss the results. Mayor Shiely expressed her agreement with Council Member Hale and stated that she would like to see it furthe� studied. Council Member Wolcott asked for further cia�ification regarding the assessment process. Gity Administrator Schroeder explained the process theytook to determine the interest in the project. He stated that theyhave received good feedback regarding the project and it is currentiy in the CIP: �- Regular Meeting — June 20, 2001 Cottage Grove City Council Page 13 Council Member Kohis stated that it is a safety hazard, that it needs to be done and shouid have a timeline. She agreed that it cannob be done until they have some numbers and asked for ciarification on what the State wili contribute and tMe assessments. She asked if it was possible to lower the speed limit in this area. Gouncil Member Woicott stated that he did not think they could do anything about the speed limit. He stated his agreement that it needs to be done, adding that most residents are interested in the project. He stated it is on the CIP for 2004 and this can be worked on throughout. He stated that if they ca� get more contribution from the State that he is willing to move forward with the project. If the State contribution were not increased, however, he would recommend waiting untii 2004. Council Member Hale clarified his understanding of what was discussed at the neighborhood meeting on this issue and reviewed the options that were discussed. He stated that they need more information before they can move forward on this project. Council Member Konis stated she would like to see staff determine the numbers contributions from the State, and the assessments-adding that she cannot make a decision without more information: She stated and clarified that she and Council Member Hale do believe that the dollar �equirements can be lowered. City Administrator Sehroeder stated that the doliars discussed were determined to be reasonable. He stated that with a 2004 projsction, they would finish the analysis in 2002, begin engineering of the project in 2003, and begin implementation in 2004. Mayor Shiely referenced a note f�om Mr. David Fuchs, 11575 Layton Avenue South, and asked for clarification regarding the expectations referenced in the memo. She stated that Council Member Wolcott brought up a good point with respect to,the assessment management. Council Member Wolcottstated he was not ready to approve the project without further information. City Administrator Schroeder stated that they need to meet with the residents and committed to notifying them of the process they plan to move forward with. RESPONSE TO PREVIOUSLY RAISEQ COUNCIL COMMENTS AND REQUESTS NONE. COUNCIL COMMENTS AND REQUES7S Council Member Kohls announced that on Saturday, July 14, 2001, from 9:00 a:m. to 3:00 p.m., volunteers would be restoring the historical Old Cottage Grove building located in the Langdon area: She stated that they are asking for volunteers to help. She also stated that monetary contributions would be appreciated by anyone wanting to contribute to the project. Mayor Shiely read the proclamation for Nationai Night Out. She shared an e-mail received by the Councii regarding abreak-in last Friday, June 15, 2001, atShe municipai pool in Cottage Grove. She read the news article to the Council. She asked the public for their support in helping to find the individuals who vandalized the pool, 'z PAY BILLS Regutar Meefing — June 20, 2001 Coftage Grove City Council Page 14 MOTION BY KOH�S, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 119114 TO 119378 TOTALING $444,162.14. MOTION CARRIED 5-0: Mayor Shiely called a b�eak at 9:45 p:m. Mayor Shiely called the meeting back to order at 9:55 p.m. WORKSHOP SESSION —'OPEN A. Discussion: Recruitment of Public Safety Ditector Mayor Shiely explained that five finalists were selected to participate in interviews for the Public Safety Director position. She stated that the interviews were conducted on June 13; 2001: Assistant City Administrator Wolfe reviewed the`interview process; the interview scores and comments assessment sco�es and summary information from the reception. She stated that staff is requesting direction from the Cou�cil for the next'step in the tecruitment process. She reviewed the ranking system used to determine who would come back forYhe second interview process. She reviewed the �atings for each candidate interviewed and explained'tfieir process for'recommendation for the second round of interviews and the candidates. She asked the Council for direction on how they want to proceed and when they would like to conduct the interviews. She reviewed the three optionsrecommended for the second'interview process: 'She discussed possibie activities thafwould' inciude Gouncil members, employees and citize�s to aliow everyone to meet the three candidates: Council Member Hale asked for the names of the individuals who participated on the panel. Mayor Shiely explained her understanding of the selection process and suggested setting up activities over a two-day period thafwould allowincreased interaction in an informai setting. CouncN'Member Koh(s agreed with Mayor Shiely in thaf sfie would like to have the process be informaL She suggested activities such as an officer ride-along and tours of the City. Council Member Wolcott asked about the background paekets. He stated he would like to see background packets done on the finalist. The background information would be very helpful in the decision process. - Assistant City Administrator Wolfe provided the Council with example situations adding that they ask" for the background packets once they are at a point to determine the three final candidates. She stated that they would have a different City do the backgrounds for the ca�didafes. Council Member Kohls asked for clarification on the backgrou�d process. She asked if they are ready to narrow the candidates down to two finalists Assistant Gity Administrator Wolfe explained the background process to the Council and provided a history ofthe process for both interna( and external hires. Council Member Wolcott emphasized the need to be sure they have a well-qualified individuai doing the background checks: He stated that this process requi�es personal contact and that they need' someo�e who is weil qualified in the process. He acknowledged the expense adding that he would like to see it done on fhe final candidates. He stated he does not want to make a conditional offer and then do the background. He stated he would like the background done first. He stated that this Regular Meeting — June 20, 2001 . Cottage Grove City Council Page 15 would involve travel and that the Council needs to be committed to spending the money to do this properiy. He recommended having the same person do ali of the background checks. Assistant City Administrator Wolfe stated that the background checks would be done before an offer is made. She explained that theywould notify the candidates that they are final candidates and then begin the process of the background check. Council Member Kohis asked how long it takes to do a background check. Assistant City Administrator Wolfe stated it would take at least three months to do a complete background on each candidate. Councii Member Wolcott stated that he wouid like to see some parameters on the budget allowed for travei while doing the background checks. City Administrator Schroeder stated that they do have travel and expenditure policies that would be shared. Mayor Sh'iely asked for clarification on the options for selection and if they were ready to narrow it down to two candidates. She stated her recommendation for candidates would be Mickelson and Elg. Council Member Wolcott stated he would prefer not to inciude the entite Council or open the process to thepublic. The Council agreed by consensus to the two final candidates and named Mickelson and Elg. AssistaM City Administrator Wolfe referenced the Gity Administrator's process and a dinner reception for the candidates. She suggested a reception for the final candidates. WORKSHOP SESSION — CLOSED NONE. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY HALE, TO ADJOURN THE MEETING AT 10:25 P.M. MOTION CARRIED 5-0. Respecffully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.