HomeMy WebLinkAbout2005-10-19 MINUTES� . - 1 t�
COTTAGE GROVE CITY COUNCI�
October 19, 2005
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 Pro Tem Mark Grossklaus encouraged persons to limit their remarks to two
(2) minutes per issue.
Present: Mayor Pro Tem Mark Grossklaus
Council Member Myron Bailey
Council Member Karla Bigham
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Ron Hedberg, Finance and Administrative Services Director
Howard Biin, Community Development Director
Jennifer Levitt, City Engineer
Craig Woolery, Deputy Public Safety Director
Les Burshten, Public Works Director
Corrine Thomson, City Attorney
Not Present: Mayor Sandy Shiely
Gary Gaver, 8758 Indian Blvd. So., stated that he wishes to address the Councii regarding a
prairie restoration project planned for the power line trail way corridor located north of Indian
Boulevard. He stated that he is here on behalf of 135 persons who have signed a one-page
petition, which is attached to and made a part of the originai minutes. Mr. Gaver stated that
plans for the prairie restoration project was brought to the Cottage Grove City Council in the
form of a resolution on February 2, 2005 by the Parks and Pubiic Works Departments and
was approved by Council on March 16, 2005. He stated that the residents who own property
adjacent to the Xcel Energy power line corridor were informed by a letter dated September
22, 2005 that the project was due to begin approximately October 1, 2205. He expressed
frustration stating that there has been no further communication with the property owners,
adjacent neighborhoods, or the community as a whole. He stated that affected property
owners, as well as residents and adjoining neighborhoods, are concerned about the impact
that the project would have on open space, which offers a rural setting; a buffer between
housing developments; and has multi-uses for many people. Gaver stated that many of the
residents enjoy the aesthetics in its current state, which includes an asphalt trail. He stated
that it does not have to be a typical park setting or prairie setting to achieve ecological
significance.
Regu(ar Meeting — October 19, 2005
Cottage Grove City Council
Page 2
Mr. Gaver explained that the residents concerns include lack of communication; project has
been presented as a done deal; Iocation of a prairie is more appropriate in wide open
spaces, not residential areas. He noted that additional environmental concerns include plant
herbicide use; controlled burning; and allergies; noting that some of the plant species on the
seed list include goldenrod and milkweed. He expressed concerns for the safety of children
using the asphalt path noting that several of the plant species can grow as tall as 8-feet.
Mr. Gaver stated that the residents are also concerned about rules that would restrict the
current use of the area including `no pets allowed' restrictions as seen on DNR signs at other
locations; the restriction of off path activities enjoyed by children and adults including cross
country skiing and spontaneous family sports. He stated that the residents are also
concerned that there would be an increased varmint population adding that one of the
reasons the residents mow into the area is to provide an environment buffer.
Mr. Gaver stated that the residents are also concerned about the length of time the prairie
wouid take to establish itself noting that it could take years, even decades. He stated that
they are also concerned about the forms of maintenance after the initial planting noting that
methods of weed control could include burning in residential areas. He asked about funding
for the project, now and in the future, and asked if it would include higher taxes.
Mr. Gaver stated that in closing the residents are asking Council to re-address this project
plan and that property owners be allowed to participate in the decisions affecting usage of
the current open space. He provided Council with copies of the petition and request for their
review. He noted that several of the residents have visited the Grey Cloud Dunes Prairie
Restoration area and have taken pictures of the signage as examples. He stated that the
resident have also met with the City to discuss their issues and concerns.
Gaver stated that they have also done some internet research on the particular seed species
provided on the list and prairie space in general adding that the majority of the residents
along the corridor would like the current space to remain as is, however, if changes occur
please take their concerns into consideration, with some compromise that would be
agreeable to residents using the trailway corridor. He urged the Council to act quickly due to
the imminent plan to spray the area and kill the existing grasses. He stated that this would
destroy what is currently there.
Ryan Case stated that he is the local Metropolitan Affairs Specialist for the Builders
Association of the Twin Cities, which is part of the Parade of Homes. He explained that as
part of their outreach to local Councils he is present this evening to introduce himself to the
Council and to let the Council know that they are here as a resource to the City. He further
explained that tney represent builders across the metropolitan area and that they want to see
a growing and vibrant Cottage Grove.
CA�L TO ORDER
Regular Meeting — October 19, 2005
Cottage Grove City Council
Page 3
The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular
meeting on Wednesday, October 19, 2005, at the Cottage Grove City Hall, 7516 80�" Street
South. Mayor Pro Tem Mark Grossklaus called the meeting to order at 7:30 p.m.
ROLL CALL
Present: Mayor Pro Tem Mark Grossklaus
Council Member Myron Bailey
Council Member Karla Bigham
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Ron Hedberg, Finance and Administrative Services Director
Howard Blin, Community Development Director
Jennifer Levitt, City Engineer
Craig Woolery, Deputy Public Safety Director
Les Burshten, Public Works Director
Corrine Thomson, City Attorney
Not Present: Mayor Sandy Shiely
ADOPTION OF AGENDA
City Administrator Schroeder stated that Item 8.C, Consider Rezoning of approximately 123
acres of Land located Southeast of the 100` Street and Lehigh Road Intersection from AG-1,
Agricultural Preservation, to R-1, Rural Residential, and a Preliminary Plate for Biscoe Grove
to develop 39 Rural Estate Lots, has been pulled from the agenda and is tentatively set for
the November 16, 2005 Regular Meeting.
MOTION BY BAILEY, SECONDED BY RICE, TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 4-0.
PRESENTATIONS
A. Conduct Swearing in Ceremonv for new Officer Gena Schill
Mayor Pro Tem Mark Grossklaus asked the City Administrator and City Council to come
forward for the swearing in ceremony for Police Officer Gena Schill.
City Administrator Schroeder provided Council with a brief history and perFormed the
swearing in ceremony for Officer Gena Schill. He asked her Grandfather, Wayne Edwards,
to come forward to present Officer Schill with her badge.
Deputy Public Safety Director Woolery stated that Officer Gena Schill just took the oath of
office to become a Peace Officer for the City of Cottage Grove. He explained that when she
raised her hand to take this oath it meant a Iot more than the words spoken. He stated that
Regular Meeting — October 19, 2005
Cottage Grove City Councit
Page 4
the badge and uniform are a symbol of public faith; that she has sworn to never betray that
badge, her integrity, her character or the public trust. He explained that her character is what
defines her as an individual and her integrity is in being the same person both publicly and
privately. He stated that she must always have courage to hold herself accountable for her
actions as well as for others. He stated that this job is very unique noting that it is one of the
most noble and selfless occupations that we can do today. He stated that there are not
many jobs available to provide an individual with the opportunity to serve and make peoples
lives better. He stated that it is a public service position that is very rewarding. He
congratulated Officer Schill and welcomed her to the City of Cottage Grove.
APPROVAL OF MINUTES
A. September 7, 2005 Regular Meeting.
Mayor Pro Tem Grossklaus stated that the minutes stand approved as presented.
CONSENT CALENDAR
Council Member Bigham asked to pull items 4D, 4G, and 4H. She combined Items 4D and
4G stating that she would like to thank 3M for their donation of $1,000.00 to the S.T.O.C.K.
program for the purchase of suppiies and equipment. She stated that she would also like to
thank the Cottage Grove Athletic Association for their donation of field paint, valued at
$2,849.50, to be used to paint and line fields for youth sports.
Council Member Bigham referenced Item 4H, adoption of a resolution authorizing the City of
Cottage Grove's participation in an All Hazard planning process with the State of Minnesota
Department of Human Services, State of Minnesota Department of Public Safety, Division of
Homeland Security and Emergency Management and Washington County, and asked
Deputy Public Safety Director Woolery to ciarify the agreement.
Deputy Public Safety Director Woolery explained that for a number of years, the City of
Cottage Grove Armory has been designated as a primary reception site to handie the
evacuees from an incident occurring at the Prairie Island Nuclear generating plant. He
further explained that every two (2) years the Cottage Grove Police, Fire, EMS and Public
Works Department participate in a drili along with other state, county and Prairie Island
personnel in handling evacuees from a nuclear generating plant emergency. He stated that
all participants in the exercise, including the City of Cottage Grove, are fully reimbursed for
the training drills. The agreement lays out the roles and responsibilities for ali participants
should the Cottage Grove reception center be activated. He stated pre-planning a
coordinated regional response at all levels of the government is essential noting that the
training helps everyone involved understand what is expected should an event ever occur.
MOTION BY BIGHAM, SECONDED BY RICE, TO:
A. ACCEPT AND PLACE ON FILE THE FOLLOWWG MEETING MINUTES:
Reguiar Meeting — October 99, 2005
Cottage Grove City Council
Page 5
i. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF
SEPTEMBER 12, 2005.
ii. ECONOMIC DEVE�OPMENT AUTHORiTY, JULY THROUGH SE�'TEMBER
2005.
iii. HUMAN SERVICES/HUMAN RIGHTS COMMISSION; JUNE THROUGH
SEPTEMBER 2005.
iv. PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION FOR JULY 19,
2005.
B. APPROVE THE 2006 CURRENCY EXCHANGE LICENSE RENEWA� APPLICATION
THROUGH THE MINNESOTA DEPARTMENT OF COMMERCE FOR TINA L.UYMES,
DBA/IN CONCERT, LOCATED AT 7280 EAST POINT DOUG�AS ROAD.
C. ADOPT ORDINANCE NO. 779, AN ORDINANCE FOR THE CITY OF COTTAGE
GROVE, MINNESOTA, AMENDING TITLE 6, CHAPTER 7 OF THE COTTAGE
GROVE CITY CODE RELATING TO RECREATIONAL MOTOR VEHICLES.
D. ADOPT RESOLUTION NO. 05-177, A RESOLUTION ACCEPTING DONATION OF
MONEY TO THE CITY OF COTTAGE GROVE FOR THE S.TO.C.K. PROGRAM.
E. APPROVE CHANGE ORDER #1 FOR THE SUMMERHILL CROSSING PROJECT.
F. APPROVE CHANGE ORDER #1 FOR THE PINECLIFF 1 ADDITION PROJECT.
G. ADOPT RESOLUTION NO. 05-178, A RESOI.UTION ACCEPTING DONATION
FROM THE COTTAGE GROVE ATHLETIC ASSOCIATION; REC. SOCCER
($1,100.00); TRAVELING SOCCER ($1,150.00); FOOTBALL ($599.50); FOR FIE�D
PAINT FOR USE BY COTTAGE GROVE PARKS DEPARTMENT.
H. ADOPT RESOLUTION NO. 05-979, A RESO�UTION AUTHORIZING EXECUTION
OF AN AGREEMENT BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF
HUMAN SERVICES (DHS); STATE OF MINNESOTA, DEPARTMENT OF PUBLIC
SAFETY (DPT); DIVISION OF HOMELAND SECURITY AND EVERGENCY
MANAGEMENT (HSEM); CITY OF COTTAGE GROVE AND WASHINGTON
COUNTY.
I. ADOPT RESOLUTfON NO. 05-180, A RESOLUTION APPROVING A CONDITIONAL
USE PERMIT TO A�LOW THE INSTALLATION OF 12 PANEL ANTENNAS ON THE
CITY'S WATER TOWER AT 6950 MEADOW GRASS AVENUE SOUTH.
J. ADOPT RESOLUTlON NO. 05-181, A RESOLUTION APPROVWG A SIMPLE LOT
DIVISION TO SUBDIVIDE A 2.4-ACRE PARCEL OF LAND INTO TWO PARCELS OF
1.5 ACRES AND A.9 ACRE AT 7003 GOODVIEW AVENUE SOUTH.
K. APPROVE THE ISSUANCE OF A TEMPORARY ARCHERY HUNTING PERMIT TO
ROBERT JUCKEL OF 8451 110 STREET TO ALLOW ARCNERY HUNTING ON
HIS PROPERTY FOR THE 2005 ARCHERY SEASON, WHICH WOULD BE NOW
UNTIL DECEMBER 31, 2005.
L. ADOPT RESOLUTION NO. 05-182, A RESOLUTION ADOPTING ASSESSMENT
ROLL FOR THE ORNAMENTAL FENCE.
MOTION CARRIED 4-0.
RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES
NONE
Regular Meeting — October 19, 2005
Cottage Grove City Council
Page 6
PUBLIC HEARINGS
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NONE
UNFINISHED AND NEW BUSINESS
A. Consider a Zoninq Text Amendment to the Minimum Setback Requirements in the I-2,
General Industry Section.
Community Development Director Blin stated that this request is for a zoning text
amendment to change the setbacks in the industrial zoning district. He expiained that the
current setbacks are for structures located within 150 feet from residential property Iines but
only 35-feet from parking areas. He further explained that this amendment changes so that it
would be 100-feet for both buildings and parking areas. He stated that it pushes parking
areas further away from property Iines and it allows buildings to move somewhat closer to
property lines. He explained that the rationale for this change is that when considering
impacts in the industrial areas it is less the building than it is the parking and loading areas
that would have impacts on residential areas. He stated that the idea is to provide a greater
green strip between the residential and industrial developments. He explained that it would
provide more of a setback to the residential areas by moving the loading docks and parking
areas to the sides of a building. He indicated that the amendment would probably affect the
industrial areas on the west side the most. Blin stated that a neighborhood meeting was held
when the amendment was first proposed noting that only three individuals attended the
neighborhood meeting. He stated that the comments received from the individuais were that
they would prefer that the area remain undeveloped forever, however, they also
acknowiedged that this wasn't going to happen. He stated that they also indicated that they
generally thought that the change in the setbacks and the greater green strip would be a
good idea. He stated that the Planning Commission has reviewed and unanimously
recommends approval. He stated that the affect of this zoning ordinance text amendment
would be to change the setbacks from 150-feet for structures and 35-feet for paved areas to
100-feet for both.
Council Member Bigham asked where they propose to make up for the parking areas for
these businesses.
Community Development Director Blin explained that the parking, as shown in the drawing,
would either be pushed to the sides of buildings or the building would have to be pushed
back and the parking would still be 100-feet. He stated that if parking is iocated in the rear of
the building it would be further from the property line than what is currently allowed, which is
65-feet further away from the property lines. He stated that it would also allow them to do an
extensive Iandscaping program on the rear of the buildings.
Regular Meeting — October 19, 2005
Cottage Grove City Council
Page 7
Council Member Bigham clarified that they are not proposing to change anything with the
required number of parking spaces for businesses that are required to accommodate
employee parking.
Community Development Director Blin expiained that the businesses would have to maintain
the same number of required parking spaces but the location of the parking would have to be
pushed further away from the property Iine.
Mayor Pro Tem Grossklaus referenced the buffer zone and proposed landscaping and asked
what kind of landscaping would generally be placed in an area like this.
Community Development Director Blin stated that it would depend on the topography noting
that in this area there is a fairly extensive row of trees that exists in the back. He stated that
they also plan to provide more earth berms with additional landscaping that would provide a
break in visibility of those areas. He stated that typically they use a lot of spruce trees and
evergreen plantings to provide a visual barrier.
MOTION BY RICE, SECOND BY BAILEY, TO ADOPT ORDINANCE NO. 780, AN
ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMEND{NG TITLE 11-
3-9(D)(6)(d); LOCATION OF PARKING FACILITIES AND 11-11-4; DEVELOPMENT
STANDARDS FOR THE 12, GENERAL INDUSTRIAL DISTRICT OF THE COTTAGE
GROVE CITY CODES. MOTION CARRIED 5-0.
B. 1 Consider Adoptinq a Resolution increasinq Water Rates $0.15 and Sewer Rates
$0.05, Effective Januarv 1, 2006.
2 Consider Adoptinq a Resolution Amendinq the 2006 Preliminarv Budqets for the
Utility Funds to Reflect these Rate Increases and Chanqes to Expenses as proposed.
Finance and Administrative Services Director Hedberg stated that Staff presented the
preliminary budgets this past summer during the Budget Work Sessions with Council noting
that this evening Staff is amending the budgets. He explained that at the time of the Budget
Work Sessions the rate calculations had not been completed. He clarified that it is not that
they are adjusting the rates and then filling in with the budget; they are adjusting the budget
and amending the rates to provide for that budget.
Finance and Administrative Services Director Hedberg provided Council with an overview of
the changes that include: adjustments to the General Fund for insurance charges;
adjustments to Workers Compensation Interfund Charge for Workers Compensation
Insurance and an increase to the fuel budget, which will hopefully be enough to cover 2006.
He stated that they made an adjustment to the administrative charge that is charged to the
Water Fund noting that the number in the amended budget is the number needed to match
the General Fund. He stated that the charge from the Metropolitan Council for sewer
treatment charges increased noting that the final rates came in higher than the preliminary
estimates. He stated that they aiso adjusted the utility charges in the Street Light Fund by an
Regular Meeting — October 19, 2005
Cottage Grove City Gouncil
Page 8
additional $19,000.00. He referenced the Storm Water Fund stating that there were some
positions requested that were not approved and explained that the amended preliminary
budget would stiil leave those positions out but woufd bring back the professionai and
contractual services that are needed to perform some of the maintenance activities that
match the Storm Water Utility Plan that Councii adopted last spring. He stated that Staff is
not recommending any changes to the rates in the Street Light Fund or the Storm Water
Fund but Staff does need to consider increasing the water rates in the Water Fund to $0.15
per thousand gallons and $0.05 per thousand gallons in the Sewer Fund. He reviewed the
larger items to be replaced with Council and provided Council with an overview and history of
the utility rates in Cottage Grove. He reviewed the process used stating that they always do
a comparison to other Cities when considering a rate change and provided Council with an
example of the impact the proposed changes would have on an average bill. He explained
that the philosophy behind this type of rate structure is to encourage conservation due to the
escalating rates. He reviewed average water and sewer consumption with Council noting
that there is also a street �ight maintenance fee. He stated that water would go up 10.5-
percent and sewer would increase 2.5-percent, in total an average bill would increase from
$97.00 per quarter to $101.65, which is approximately a 5-percent increase for the total biil.
Council Member Bigham referenced the Street Light Fund, poles for 80 Street and clarified
that it was her understanding that the manufacturer was going to replace the poles that are
still under warranty.
Finance and Administrative Services Director Hedberg confirmed that there is a warranty but
there are still charges the City has to pay. He explained that the manufacturer would provide
a pole at a prorated amount but the City would have to pay for the installation.
MOTION BY BIGHAM, SECONDED BY BAILEY, TO ADOPT RESOLUTION NO. 05-183, A
RESOLUTION ESTABLISHING RATES FOR THE USE OF WATER FURNISHED AND FOR
THE USE OF SANITARY SEWER SYSTEM AND OTHER RULES OR REGULATIONS
PERTAINING TO THE BIL�ING THEREOF: REPEALING RESOLUTION NO. 05-007.
MOTION CARRIED 4-0.
MOTION BY BAILEY, SECOND BY RICE, TO ADOPT RESOLUTiON NO. 05-184, A
RESOLUTION AMENDING THE PROPOSED 2006 BUDGET FOR THE CITY OF
COTTAGE GROVE. MOTION GARRIED 4-0.
C. Consider Rezoninq Approximately 123 Acres of Land Located Southeast of the 100
Street and Lehiqh Road Intersection from AG-1 Aqricultural Preservation, to R-1,
Rurai Residential and a Preliminarv Plat for Biscoe Grove to Develop 39 Rural Estate
Lots.
ITEM PULLED FROM AGENDA AND TO BE PRESENTED AT THE NOVEMBER 16, 2005
REGULAR MEETING.
D, Receive Information on the Process on Certifvinq Unpaid Utility Accounts.
Regular Meeting — October 99, 2005
Cottage Grove City Council
Page 9
Finance and Administrative Services Director Hedberg stated that the City is preparing to
send out notification for unpaid and delinquent utility bilis. He explained that the City is
tightening the rules and reviewed the process with Council. He stated that a letter would be
sent to the property owners outlining the amount that is past due and delinquent. He
explained that the letter would also clarify that the past due amount would have to be paid by
December 1, 2005 and if not paid by that date, wouid then be certified to the property taxes
and be collected, along with the property taxes in the year 2006.
Finance and Administrative Services Director Hedberg provided Council with a brief overview
of the criteria used stating that Staff expects to issue approximately 1,100 notices, with just
under 10,000 customers. He pointed out to Council that the criteria used, which is to use any
balance that is greater than the 90-days, would impact a number of rural customers for storm
water fees that have not paid their bills for the last year. He stated that if approved,
approximately 96 rural customers would be included in this process and are hereby put on
notice that this is coming. He acknowledged that the criteria is more aggressive than those
used in the past adding that this process would likely generate many more calls than usual to
Staff and probably also to City Council members.
Mayor Pro Tem Grossklaus stated that he does nat have any problems with this proposal.
He asked how much of the stormwater charge would be for a rurai resident and is it a specific
fee.
Finance and Administrative Services Director Hedberg stated that it used to be $21.00 for
lots under an acre and a half and $16.00 per year over that. He stated that they have
increased the rates to up to $40.00 per year for the one and half acre lots.
Council Member Rice stated he agrees with the proposed increase stating that people have
to pay their bills on time. He expressed concerns stating that this is something the entire City
is involved in because it affects the frontage, ditches and their property.
Finance and Administrative Services Director Hedberg stated that this would be back before
Council for consideration at the secand regular meeting in December.
RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS
A. Response to Council reqardinq Sequencinq of the Traffic Siqnal at 80 Street and
Hinton Avenue.
Mayor Pro Tem Grosskiaus acknowledged receipt of the information and response regarding
the sequencing of the traffic signal at 80 Street and Hinton Avenue.
COUNCI� COMMENTS AND REQUESTS
Council Member Rice stated that there is a parade scheduled for next Saturday, October 29,
2005. He stated that information is available in the Bulletin noting that it is scheduled to start
at 11:00 a.m. and will take place along East Point Douglas Road.
Regular Meeting — October 19, 2005
Cottage Grove City Counci�
Page 10
Council Member Bigham stated that Election Day is coming up in two weeks and encouraged
the community to get out and vote.
Councii Member Bailey stated that he recently found out that the City of Cottage Grove has
some Firefighters that are scheduled to go to New Orleans. He explained that a request has
been made to the City for some help and these individuals have volunteered 15 days of their
time to help the people affected by the hurricane down south.
Councii Member Bigham stated that Deputy Chief Beasley, Deputy Chief Leonard and
Firefighter McDaniels are the individuals who have volunteered.
Mayor Pro Tem Grossklaus stated that he would like to thank the Cottage Grove Fire
Department for their Open House on October 13, 2005 noting that the children really enjoyed
all of the activities.
Mayor Pro Tem Grossklaus asked Public Works Director Burshten to provide the Council
with an update on the upcoming Storm Water projects.
City Administrator Schroeder stated that Staff could provide the information adding that the
entire Capital Improvements Program would be coming soon for Council review.
Mayor Pro Tem Grossklaus reminded citizens not to put leaves in the street. He explained
that the Public Works department does not come around and pick up the leaves and asked
citizens to remember this when doing their fali yard cleanup.
Council Member Bigham reminded citizens that the Street Parking ordinance goes into affect
on October 1, 2005.
PAY BILLS
MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE PAYMENT OF CHECK
NUMBERS 142115 THROUGH 142340 TOTALING $1,637,503.92. {CHECKS 142115 —
142153 IN THE AMOUNT OF $213,411.86 ISSUED PRIOR TO COUNCIL APPROVAL.)
MOTION CARRIED 5-0.
WORKSHOP SESSION — OPEN
i►��
WORKSHOP SESSION — CLOSED
►f�C�I�F7
Regular Meeting — October 19, 2005
Cottage Grove City Council
Page 11
ADJOURNMENT
MOTION BY RICE, SECONDED BY BAILEY, TO ADJOURN THE MEETING AT 8:20 P.M.
MOTION CARRIED 4-0.
Respectfully submitted,
Bonita Sullivan
TimeSaver Off Site Secretarial, inc.