Loading...
HomeMy WebLinkAbout2001-01-17 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL October 17, 2001 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 Rod Hale Council Member Pat Rice Council Member Jim Wolcott NOt f�P2SG'Clt: COUCICI� M@I'1'lbel" Chel')/� KOh�S (Attending Red Rock Corridor Conference as City Representative). Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Public Safety Director Kim Lindquist, Community Development Director Les Burshten, Public Works Director Jerry Bourdon, City Engineer, BRAA Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Gary Wilkinson, 6907 Homestead Avenue South, stated that he is here regarding concerns that relate to the proposed developments in the 70`h and Hinton area. He explained that the neighborhood residents have several concerns and plan to present their concerns in greater detail to the Planning Commission. He stated that the proposed commercial development appears to be ten acres, eight that are developable, and would become a residential convenience center which would have some direct correlation to the size of the development and the area it is supposed to cover. He further explained that their contention is with the nearby Almar farms. The project far outweighs the needs and desires of the neighborhood. He stated that they would visit this issue in greater detail in the coming weeks. Jim Chilcott, 6790 Ideal Avenue South, stated that he is here regarding the issue of the proposed development in the 70th and Hinton area. He stated that a PUD would directly affect the character and nature of their neighborhood. He stated that he has a petition from the area Residents that he would like to provide to Council. He noted that this is not in line with what was agreed upon in the current Comprehensive Plan and in the West Draw Report. He asked the Council to communicate to the developers that there is a lot of reaction by the neighborhood against this proposal and suggested coming up with a development plan that would be more in line with the West Draw Report and current Comprehensive Plan. He offered the petition noting that they have forwarded copies to the Planning Commission and � Regular Meeting— October 17, 2001 Cottage Grove City Council Page 2 Staff. He explained the content of the information to the Council and said that he would provide a copy to Community Development Director Lindquist. Mayor Shiely stated that the third speaker would be Zac Docktor. She explained that Mr. Docktor is the new manager for the Cottage Grove Ice Arena. Zac Docktor stated that he was previously a resident of Cottage Grove and is happy to be back. He noted his background and skills adding that he plans to get the Ice Arena back on track and thanked the City of Cottage Grove for this opportunity. Myra Peterson, 8284 Indian Boulevard, stated that she would like the City and County to work together to get a direct bus line from Cottage Grove to Minneapolis. She stated this would alleviate a lot of problems and suggested putting together talents from both the City and County that could be more influential in getting a direct line. She suggested ideas such as news releases and petitions that could help to determine how many would actually use the bus line. She stated that even the drive to the Woodbury Park and Ride would add to the traffic congestion and encouraged the Council to consider her suggestions. Mayor Shiely stated that she has received several of these requests and thanked Ms. Peterson for bringing this issue forward for discussion. Council Member Wolcott noted that it was his understanding they would be starting the direct bus line to Minneapolis in the spring. City Administrator Schroeder stated that once they identify a permanent Park and Ride location, they can then move forward with establishing the bus route. He stated that there is a funding issue but at this time he was not clear on the constraints. Ms. Peterson stated that at one time MnDOT would have covered costs during the construction but with the recently passed Legislation that was removed. She suggested pursuing this issue with the Metropolitan Transit Commission and to start a campaign for a direct bus line. Mayor Shiely clarified with Ms. Peterson that what they are looking for is a joint letter from the City and County regarding this issue. Ms. Peterson confirmed that this is one of their suggestions. She stated that it would take at least nine months to get anything started and if they work together they would be able to accomplish gaining a new bus line. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, October 17, 2001, at the Cottage Grove City Hall, 7516 80`h Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ' � Regular Meeting—October 17, 2001 Cottage Grove City Council Page 3 ROLL CALL Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Pat Rice Council Member Jim Wolcott Not Present: Council Member Cheryl Kohls Also Present:Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Director Public Safety Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Community Development Director Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely stated that Item 13, a closed work session, would be pulled. She asked to pull Item 4G and Item 8E explaining that she would like to see these two items tabled for future discussion as the Council is missing one member and she would like all Council Members present for the discussion. City Administrator Schroeder stated that they could remove these items from the agenda. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 4-0. PRESENTATIONS A. South Washington Count�Telecommunications Commission Awards. Mayor Shiely stated that on September 12, 2001, the National Association of Telecommunications Officers and Advisors announced the winners of the 16`h Annual Government Programming Awards. She explained that Mr. Robert Newby was in attendance and this presentation is to acknowledge their accomplishments and present them with their awards. Mr. Robert Newby stated he is the City representative for the South Washington County Telecommunications Commission. He stated that he attended the 16th Annual Government Programming Awards and explained the awards won. He stated that this is a tremendous accomplishment noting the high caliber of staff working at Channel 16. ' Regular Meeting— October 17, 2001 Cottage Grove City Council Page 4 Doug Bondeson presented a video on "Your Public Safety - Inside Your City" to the Council. He reviewed the awards won by the Commission and displayed the awards received. He reviewed the groups involved noting the small budgets and awards received. Mr. Newby stated that the video just presented won first place for the Award of Excellence. He reviewed the Cottage Grove Productions that won awards and stated if the cable subscribers would like to view some of the nation's best, tune into Channel 16. He thanked everyone for making Channel 16 a success. APPROVAL OF MINUTES NONE CONSENT CALENDAR Council Member Hale asked to pull Item M for discussion. He referenced the bylaws for the EDA noting that he has a couple of concerns. He stated that Staff has researched the initial information and reviewed the information with Council. He referenced page 2 and the wording for"Executive Director, says the authority shall employ an Executive Director" and suggested changing the wording to "may". He referenced the section titled "How EDA members are appointed" and referred this to Staff for determination as to how it should be handled and if it would be kept as separate documents or be integrated. He stated that he felt the President of the EDA should be an elected official. He moved that these changes be incorporated into the documents. Mayor Shiely stated that the wording could be changed and it would go with the Consent motion. City Administrator Schroeder clarified that the verbiage has already been addressed and with the motion they can make the recommended changes which he reviewed with the Council. He noted Item J and explained that with adoption of the Consent Calendar, the Staff request would be upon the advice and consent of the City Attorney adding that the minor changes would not change the intent but verbiage would change. MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. HUMAN SERVICES COMMISSION MEETING MINUTES FOR 2001. ii. PUBLIC WORKS COMMISSION MEETING MINUTES FOR SEPTEMBER 20, 2001. B. RECEIVE THE 2002 BUDGET FOR THE SOUTH WASHINGTON COUNTY TELECOMMUNICATIONS COMMISSION. C. APPROVE FOURTH QUARTER PAYMENT OF THE 2001 SUPPORT FOR THE YOUTH SERVICE BUREAU IN THE AMOUNT OF $2,500.00. D. APPROVE CHANGE ORDER #1 FOR THE TIMBER RIDGE ADDITION PROJECT. E. APPROVE CHANGE ORDER REQUEST TO PERMIT INSTALLATION OF PUBLIC UTILITIES ASSOCIATED WITH THE WALGREEN'S PROJECT. � Regular Meeting— October 17, 2001 Cottage Grove City Council Page 5 F. ADOPT ORD/NANCE No. 703, AMENDING THE CITY CODE RELATED TO NON- CONFORMING USES. G. PULLED FROM CONSENT AGENDA. H. RECEIVE THE THOMPSON GROVE, DISTRICT D, PAVEMENT MANAGEMENT PROJECT FEASIBILITY REPORT AND SET A PUBLIC HEARING DATE FOR DECEMBER 5, 2001. I. RECEIVE NOTICE OF PAY EQUITY COMPLIANCE FOR 2001. J. ADOPT RESOLUT/ON NO. 01-166, A RESOLUTION AMENDING RESOLUTION NO. 00-43 ADOPTING A PERSONNEL POLICY FOR THE CITY OF COTTAGE GROVE. K. ADOPT RESOLUTION NO. 01-167, A RESOLUTION DECLARING OCTOBER 22ND _ NOVEMBER 23RD AS COTTAGE GROVE'S MANUFACTURING AND TECHNOLOGY MONTH. L. RECEIVE REPORTS CONCERNING THE 60-DAY REVIEW PERIOD AND THE LEGISLATIVE LAW CHANGE RELATIVE TO VOTING REQUIREMENTS ON ZONING ORDINANCE AMENDMENTS. M. APPROVE THE EDA BYLAWS AS AMENDED. MOTION CARRIED 4-0. Mayor Shiely stated that if anyone is present for issues on the consent calendar all have been passed. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS NONE BID AWARDS NONE UNFINISHED AND NEW BUSINESS A. Consider A�,proval of a Resolution Approving a Conditional Use Permit and Site Plan Review of a Proposed New Motor Fuel Station, Jamaica BP Amoco, with Convenience Store and a New Car Wash and Variances to Front and Rear Setback Requirements at 8490 East Point Douglas Road. Community Development Director Lindquist stated that this is an asset to the community and helps to alleviate the problem with the remnant parcel left over from the Office Max development. She explained that the proposal allows the applicant to add more convenience and ease in routing traffic. She referenced the color of exterior materials and noted the feedback Staff has received. She stated they have requested that the applicants provide this material for Council review. She explained that the predominant color is white and at the ' � Regular Meeting—October 17, 2001 Cottage Grove City Council Page 6 Planning Commission meeting, issues were raised regarding storage. She stated that they do periodically notify stations when they begin to store more than what should be on the site. She stated that they have revised the resolution to allow the larger items outside the building adding that the applicant is not comfortable with what was chosen. She reviewed the water drainage issues with Council noting that it is a significant improvement and they are very happy with the adjustments made on the site. John Cosmos, KK Design, Minneapolis, stated that Jeff Borst, representative for BP, is present to provide a presentation to Council. Jeff Borst, Real Estate Representative for BP, provided an overview to the Council regarding the merger with Amoco and BP. He explained that the Amoco signs would be coming down and replaced with BP signs. He stated that the Twin Cities area is one of 60 markets that the company has chosen and this is what they are presenting today. He reviewed attributes of the design with the Council. He explained that it includes technology and innovations within the site layout. He stated that the canopy is a solar panel canopy and powers part of the facility. He said that the gasoline dispensers include a technology that connects to the Internet and provides the ability to check local weather and traffic conditions while pumping gas. He reviewed the floor plan and features of the new facility with the Council. He provided photographs of the inside of the facility for Council's review noting it does not have the typical appearance of a convenience store. Mr. Cosmos reviewed the layout of the facility and provided further detail to Council with respect to the new facility. He noted that the additional parcel of land is a shared access with the adjacent auto store. He referenced the ponding that would be added and reviewed items of concern with the Council. He stated that an additional catch basin has been added since the last review and clarified this addition with the Council. He reviewed the pump islands, the solar canopy and the flush lens light fixtures adding that it would meet City requirements. He provided examples of the color scheme to Council and reviewed the standard appearance and modifications that would be made to meet Cottage Grove requirements. He referenced the ice and propane storage, stating that it would be placed on the north side and the sidewalk has been widened. He reviewed the drive-through design for the car wash and the materials that would be used for the buildings. Council Member Wolcott asked to review the colors closer adding that he had concerns. Mr. Cosmos presented Council Member Wolcott with a closer view of the color scheme for the buildings. Council Member Hale asked for clarification on the ingress and egress for the car wash and if that would be served by the same entrance as the convenience store. Mr. Cosmos confirmed that it would be a shared entrance and reviewed the entrances with the Council. Council Member Wolcott asked if this was a touchless car wash. Mr. Cosmos stated that it was his understanding this would be a touchless car wash and noted this type of car wash has not been constructed in Minnesota as yet. He reviewed the locations presently in place across the country. " � Regular Meeting— October 17, 2001 Cottage Grove City Council Page 7 Council Member Wolcott asked for further clarification of the recycling of the water. Mr. Cosmos stated it would have to be under the building and right now it is not in the plan to be recycled. Council Member Hale clarified that this would be a corporate store. Mr. Cosmos confirmed that it would be. Mayor Shiely asked if there would be very much construction and what would be done with the present structure. Mr. Cosmos stated that the structures seen today would be gone and a new facility would be installed. He noted that new tanks would also be installed. Council Member Wolcott asked when they would begin construction. Mr. Borst stated that construction would begin in the spring of 2001 with a 90-day construction schedule. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 01-168, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT, SITE PLAN REVIEW, AND VARIANCES TO FRONT AND REAR SETBACK REQUIREMENTS FOR A NEW MOTOR FUEL STATION WITH CONVENIENCE STORE AND CAR WASH FOR JAMAICA BP AMOCO, 8490 EAST POINT DOUGLAS ROAD. MOTION CARRIED 4-0. B. Consider Adoption of Proposed Architectural Guidelines for the City's Commercial Districts. Community Development Director Lindquist stated that as part of the City discussions on the Grove Plaza renovation, there was discussion on development of architectural guidelines to assist in pulling together the community's vision for the commercial hub. She stated that Kathy Anderson from KKE put together standards, which appear consistent with previous projects. She explained that a modified version of the guidelines have been provided for Council's review and discussion. She further explained that the initial draft guidelines were reviewed in-house by Staff and also submitted to the EDA and City Council for comment. She stated that the Planning Staff made several comments relating to inconsistencies between the ordinance and the recommended guidelines. She stated that changes have been made so that the guidelines are consistent with the ordinance. She noted that the minutes of the EDA meeting provides feedback regarding the original draft guidelines. She reviewed the comments with Council and stated that Staff is comfortable with the guidelines as currently written and they are recommending approval of the Architectural Guidelines as proposed. She presented photos of the renovation to the Council. She reviewed the material used, noting the brickwork and the two-story concept to some of the buildings. She noted the continuity with materials and building type allowing for individuality with signing and design. Mayor Shiely noted one of the issues with the EDA is the wear and tear of the awnings on buildings. Community Development Director Lindquist referenced the gateway at Grove Plaza noting the retaining wall and ponding. She stated that this information could be provided to commercial businesses that are considering a move into the area. ' � Regular Meeting— October 17, 2001 Cottage Grove City Council Page 8 Mayor Shiely referenced the Grove Plaza noting that they have been designed with this type of concept and asked if others would follow. Community Development Director Lindquist expressed concerns noting that if funding is provided by the City, they would have more control. She stated that a business such as Walgreen's has a definite design adding that it would not fit into this type of prototype design. She stated the photograph presented shows a larger PUD that includes the architectural standards noting that initially there is a strong control by the developer and they are controlling the image. She stated that this is one of her concerns adding that, as guidelines, they are not enforceable and if it is determined to be critical it needs to be placed into an ordinance. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT THE PROPOSED ARCHITECTURAL GUIDELINES FOR THE CITY'S COMMERCIAL DISTRICTS. MOTION CARRIED 4-0. C. Consider Enterinq into a Cooperative Agreement with Washington Countv for the Hinton/Tower Project with Cost Sharing Variance Option #5. Community Development Director Lindquist stated that the County has requested that the City take action on the necessary documents to facilitate the Hinton/Tower project. She reviewed the required documents with the Council stating that the items would be coming to the Council for their review and approval at an upcoming meeting. She stated that the current discussion relates to the cost sharing for right-of-way acquisition befinreen the City and the County that would be a part of the cooperative agreement. She explained that the City has been working with Washington County on development of the plans for the Hinton/Tower connection. She reviewed discussion of the meeting with the Council. She stated that Staff recommends the City enter into the cooperative agreement with the County for the Hinton/Tower project with cost sharing Option #5 which prompts the County to pay for 45 percent of the right-of-way costs of the City portion of the project. Council Member Hale asked if this applies from 70th Street to the City boundary. Community Development Director Lindquist confirmed that this would apply. Council Member Wolcott expressed concerns about the turnback of 65th Street. Community Development Director Lindquist stated that the County has removed that from the discussion. MOTION BY HALE, SECONDED BY RICE, TO APPROVE ENTERING INTO A COOPERATIVE AGREEMENT WITH WASHINGTON COUNTY FOR THE HINTON/TOWER PROJECT WITH COST SHARING VARIANCE OPTION #5. MOTION CARRIED 4-0. D. Consider A�proval of a Conditional Use Permit to Allow James Zins to Construct an Additional 420 Sguare Feet for Accessory Structures on His Propey Located at 7199 - 65'h Street South. ' ' Regular Meefing— October 17, 2001 Cottage Grove City Council Page 9 Community Development Director Lindquist stated that James Zins, 7199 - 65th Street South, has applied for a conditional use permit to allow for an additional 420 square feet to be constructed on his property. She stated that the additional square footage would be attached to an existing detached accessory structure that was built this summer. She stated that a building permit has been obtained for that construction and after the fact, Mr. Zins began construction on the addition. She explained that a stop work order was issued and Mr. Zins applied for the conditional use permit to allow the oversized garage. She referenced the conditions of approval modifications which occurred after Planning Commission review, noting that Mr. Zins has met with DNR and applied for the permit. She stated that issues around grading have been resolved. She stated that Mr. Zins and she received a letter from the County noting they are not in support of issuing a permit for the driveway at this time. She stated that Mr. Zins is exploring other options noting that if there are any changes in the future, the City would consider another access point but at this time it is not possible. Council Member Hale asked if he has two entrances to the property already. Community Development Director Lindquist clarified that he has an entrance to the east and also an access point that is shared with the adjacent neighbors. James Zins, 7199 - 65th Street, clarified that the shared access was used by NSP and it is a small access point that was never meant to be a driveway. Council Member Hale asked for clarification on the building permit for a County road and asked if the County or the City grants the drive permit. Community Development Director Lindquist clarified that the County would approve it. Council Member Hale asked for clarification on how much property is owned by Mr. Zins. Mr. Zins clarified that he owns ten acres. Council Member Hale referenced item 4, application to the DNR prior to issuance of building permit and asked if the DNR approves the application before he gets the permit. Community Development Director Lindquist clarified that he would not get the permit for a few months adding that DNR approval would be part of the process. MOTION BY RICE, SECONDED BY HALE, TO ADOPT RESOLUT/ON NO. 01-169, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN OVERSIZED GARAGE AT 7199 — 65TH STREET SOUTH. MOTION CARRIED 4-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Hunting Fees. City Administrator Schroeder stated that at the September 19, 2001 meeting Council Member Hale inquired as to why there is a fee associated with a bow and arrow hunting permit while there is no fee associated with a hunting permit using a firearm. He stated that the Hunting Regulations are covered in Ordinance 5-3-6 and explained the ordinance involved to the Council. ' � Regular Meeting— October 17, 2001 Cottage Grove City Council Page 10 Mayor Shiely asked Council Member Hale if he has any further concerns. Council Member Hale clarified that his concerns were with respect to the differences in fees and asked the Public Safety Director to research and clarify. He stated he has received the information adding that he is still perplexed by the fees in comparison to other fees for recreational purposes. City Administrator Schroeder reviewed the options provided for possible changes. Mayor Shiely stated that she felt it was something that should be pursued and further reviewed. Council Member Hale asked if it would be appropriate that the City move forward with Option 3. City Administrator Schroeder stated that there are several with conservative opinions and suggested further clarification with the direction they may decide to take. Chief Mickelson stated that they would issue a Public Announcement and refer back to the Public Safety Commission for further recommendations. COUNCIL COMMENTS AND REQUESTS Council Member Hale stated that they had received an invitation to a meeting at Washington County for elected officials and asked for clarification on the fees. Council Member Wolcott clarified that there are no fees unless they bring a guest. Council Member Hale referenced a question raised by Council Member Wolcott with respect to the car wash. He referenced the Royal Oaks Car Wash noting that they have a recyclable system and suggested that this be reviewed and included in the ordinance. He asked if this should be a future requirement for all car washes. Mayor Shiely stated that she received a letter from a Resident concerning the Hinton Avenue 30 mile-per-hour speed limit. She suggested that they review and provide an explanation as to how it became a 30-mile-per-hour zone. Council Member Wolcott explained that it was lowered to 30 miles per hour due to complaints received from the Residents expressing concerns about safety for children. He stated that they did a traffic study and determined the need to lower the speed limit. Mayor Shiely noted a letter from a gentleman who worked on the Nuisance Ordinance Committee that referenced the amount of Buck Thorn growing in the area. She referenced the area near the Sieben Bridge and suggested reviewing the area to determine what needs to be done. She asked Public Works Director Burshten if they have been removing Buck Thorn. Public Works Director Burshten confirmed that they are removing Buck Thorn in some areas. ' " Regular Meeting—October 17, 2001 Cottage Grove City Council Page 11 Mayor Shiely referenced the launch site for river access and noted it is an issue that needs further discussion. PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 120856 TO 121051 TOTALING $746,856.46. MOTION CARRIED 4-0. WORKSHOP SESSION — OPEN NONE WORKSHOP SESSION — CLOSED NONE ADJOURNMENT MOTION BY RICE, SECONDED BY WOLCOTT, TO ADJOURN THE MEETING AT 8:45 P.M. MOTION CARRIED 4-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc. ,. t AGENDA COTTAGE GROVE CITY COUNCIL JANUARY 17, 2001 Persons wishing to address the Council during this meeting are asked to fill out a "Speaker Signup Form"and return the form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are /ocated on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regular Meeting are televised LIVE, airing on Government Channel 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS *A. City Council Candidate Presentations. 3. APPROVAL OF MINUTES A. December 20, 2000 Regular Meeting. **B. January 3, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Parks, Recreation and Natural Resources Commission of December 11, 2000. ii. Economic Development Authority of December 12, 2000. iii. Public Works Commission of November 13, 2000. iv. Planning Commission of October 23, 2000. B. Consider ratifying engineering fee schedule for 2001. Staff Recommendation:Ratify the fee schedule. The City's engineering firm of Bonestroo, Anderlik, Rosene and Associates has submitted their new hourly rates for various services for 2001. C. Consider approval of Supplemental Agreements One and Two for the Jamaica Avenue Street Improvement Project. Staff Recommendation:Approve Supplemental agreements One and Two for the Jamaica Avenue Street Improvement Project. Y � JANUARY 17, 2001 AGENDA Cottage Grove City Council **D. Consider authorizing issuance of a single-occasion gambling permit to Capitol City Strutters for an event to be held at the VFW Red Barn on April 6, 2001, conditioned on compliance with all state and local regulations relating to gambling. Staff Recommendation:Authorize issuance of the permit. Capitol City Strutters is affiliated with the National Wild Turkey Federation. During the required background investigation, no facts were found which would constitute denial of the application. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS 7. BID AWARDS A. Consider awarding tree trimming bid to Rivertown Tree Service to prune 1,136 city trees in 2001. Staff Recommendation:Award tree trimming bid to Rivertown Tree Service to trim 1,136 city trees in 2001. Rivertown Tree Service submitted the lowest responsible quote of the�ve quotes received. 8. UNFINISHED AND NEW BUSINESS A. Consider approval of a conditional use permit and site plan review for construction of a new elementary school at 7447 — 65th Street South. Staff Recommendation:Adopt the resolufion approving the conditional use permit and site plan review to allow construction of a new 96,000 square-foot elementary school at 7447—65th Street South. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 116732 to 116946 in the amount of �477,356.98. 12. WORKSHOP SESSION — OPEN TO PUBLIC 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information� ** Packet Items Submitted 1/16/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL January 17, 2001 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 Ciry 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 Also Present: Ryan Schroeder, City Administrator Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Jerry Bourdon, City Engineer, BRAA Jim Kinsey, Director of Public Safety/Chief Bob Long, City Attorney, Kennedy and Graven Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Richard King, 10855 -68th Street South, commented on the editorial contained in today's newspaper. He stated his support to appoint Eileen Weber to the open position on the Council since she received the next highest votes in the election. Mr. King suggested the Council consider adopting an ordinance so, in the future, the candidate with the next highest number of votes in the election is the one selected to the open Council seat. He suggested that this will acknowledge what the public wanted to occur. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, January 3, 2001, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Michelle Wolfe, Assistant City Administrator Caron Stransky, City Clerk Jim Kinsey, Director of Public Safety/Chief Bob Long, City Attorney, Kennedy and Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Regular Meeting—January 17, 2001 Cottage Grove City Council Page 2 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 4-0. PRESENTATIONS A. City Council Candidate Presentations Mayor Shiely noted that tonight the Council will hear presentations by candidates for the vacancy on the Cottage Grove City Council. She stated she will suggest a particular process and ask the City Council to vote to ratify it. Once the process is ratified, the presentations will begin. Mayor Shiely stated the City Council will vote on three rounds of paper ballots with the City Clerk announcing the results following each round. She recommended that the three paper ballots be conducted as follows: Initial ballot Council votes for three candidates and candidate advances if receiving one or more votes; second ballot Council votes for two candidates and candidate advances if receiving finro or more votes; third ballot Council votes for one candidate and candidate advances if receiving three or more votes. In the result of a tie, the Mayor will make the determination. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ACCEPT THE PROCESS AS RECOMMENDED BY MAYOR SHIELY. MOTION CARRIED 4-0. Mayor Shiely thanked each interested candidate for attending the meeting tonight to make their three- minute presentation. Each of the following candidates introduced themselves, stated their qualifications and interest in being appointed to the City Council: Jon Auge, Donald Bothun, Bernie R. Bullert, Mark Finstrom, Rodney W. Hale, Robert K. Hudnut, LeRoy H. Johannsen, Michael Kaufenberg, Ernest Pines, John D. Walker, Eileen Weber, Christine A. Willhite, and Janet Wuorenma. Candidate Eric P. Nelson was not present. Mayor Shiely thanked each of the candidates for their presentation. She stated she is overwhelmed with this pool of talent and enthusiasm in desiring this position. Mayor Shiely explained how the Council vacancy occurred and commented that this will be a difficult decision to make. Mayor Shiely stated the Council's appreciation for the suggestions made by the public on how to best fill this vacancy. She reviewed some of the suggestions made and asked for the ability to use the talent of candidates who are not appointed to the City Council tonight in other areas of need. Mayor Shiely noted this same situation occurred eight years ago and she agrees with the need to establish a specific policy so the next time this occurs, the same procedure is used and new rules are not made as the Council goes along. She stated she has confidence that the voters who elected three current members in the last election, believe the Council has the best interests of Cottage Grove in mind. She noted there are vital issues that need to be addressed by coming together as a community so a decision can be made and things move forward. Mayor Shiely called for the first paper ballot. City Clerk Caron Stransky announced that the following candidates received one or more votes and will advance to the second round: Jon Auge, Donald Bothun, Bernie R. Bullert, Rodney W. Hale, LeRoy H. Johannsen, Eileen Weber, Christine A. Willhite, and Janet Wuorenma. Regular Meeting—January 17, 2001 Cottage Grove City Council Page 3 Following the second paper ballot, City Clerk Caron Stransky announced that the following candidates received two or more votes and will advance to the third round: Jon Auge, Rodney W. Hale, Eileen Weber, and Janet Wuorenma. Following the third paper ballot, City Clerk Caron Stransky announced that the following candidates have tied: Jon Auge and Rodney W. Hale. Mayor Shiely reiterated the di�culty in making this decision, noting both finalists have a history of service to the community. City Attorney Bob Long read a section of the Minnesota Statute which indicates that in the event of a tie, the Mayor must make the selection. Mayor Shiely stated she will break the tie by selecting former Council Member Rodney W. Hale. City Administrator Ryan Schroeder administered the oath of office to Rodney W. Hale for the position of Cottage Grove City Council Member. Following the oath of office, Council Member Hale assumed his position on the Cottage Grove City Council. APPROVAL OF MINUTES The minutes of the December 20, 2000 Council Meeting were approved as presented. The minutes of the January 3, 2001 Council Meeting were approved as presented. CONSENT CALENDAR MOTION BY RICE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF DECEMBER 11, 2000. ii. ECONOMIC DEVELOPMENT AUTHORITY OF DECEMBER 12, 2000. iii. PUBLIC WORKS COMMISSION OF NOVEMBER 13, 2000. iv. PLANNING COMMISSION OF OCTOBER 23, 2000. B. RATIFY ENGINEERING FEE SCHEDULE FOR 2001. C. APPROVE SUPPLEMENTAL AGREEMENTS ONE AND TWO FOR THE JAMAICA AVENUE STREET IMPROVEMENT PROJECT. D. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO CAPITOL CITY STRUTTERS FOR AN EVENT TO BE HELD AT THE VFW RED BARN ON APRIL 6, 2001, CONDITIONED ON COMPLIANCE WITH ALL STATE AND LOCAL REGULATIONS RELATING TO GAMBLING. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. Regular Meeting—January 17, 2001 Cottage Grove City Council Page 4 PUBLIC HEARINGS None. BID AWARDS A. Consider Awarding Tree Trimming Bid to Rivertown Tree Service. Public Works Director Les Burshten asked the Council to consider awarding the tree trimming bid to Rivertown Tree Service, the lowest responsible quote of the five quotes received, to prune 1,136 City trees in 2001. He stated staff is comfortable with this bid. MOTION BY RICE, SECONDED BY KOHLS, TO AWARD THE TREE TRIMMING BID TO RIVERTOWN TREE SERVICE TO TRIM 1,136 CITY TREES IN 2001 AT A COST NOT TO EXCEED $14,518.08. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider Approval of a Conditional Use Permit and Site Plan Review for Construction of a New Elementary School at 7447 -65th Street South. Community Development Director Kim Lindquist explained the Council is asked to consider approval of a conditional use permit and site plan review for construction of a new elementary school at 7447 -65th Street South. She explained this school project was part of the recent referendum and staff has been working with the school district on the site layout. Community Development Director Lindquist stated the site issues have now been resolved except for finro issues. The first issue is the provision of utilities to this site which need to be extended from 70th Street. Staff hopes the property to the south may come forward with a concept plan prior to construction of the elementary school so those utilities can be constructed in a way that would facilitate both developments. Otherwise, the utilities will be extended along the property line with the School District being responsible for all costs. Also, easements would be needed. Community Development Director Lindquist explained that the second issue relates to buffering the adjacent residential properties. She advised that the School District held a neighborhood meeting and those concerns were also raised at the public hearing. She advised that staff worked with the School District to design a four-foot berm; however, the residents wanted an eight-foot berm. Planning Commission consensus was reached for a six-foot berm which is being recommended. Community Development Director Lindquist noted the letter of support for a six-foot berm from that resident. She advised that another resident is requesting an extension of the berm and additional landscaping. She noted that Larry Wick met with that neighbor to address his concern and has agreed to provide additional landscaping even though the berm cannot be extended. Community Development Director Kim Lindquist noted that staff is comfortable they will be able to work out the remaining issues. Mayor Shiely stated her appreciation to Community Development Director Lindquist and the Planning Staff for their work with the neighbors in this area to address their concerns. John Schroepfer, 7353 South 65th Street, stated he lives north of the athletic fields and thanked the School District and the City for helping to resolve his concern for buffering. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 01-003 APPROVING A CONDITIONAL USE PERMIT AND A SITE PLAN REVIEW APPLICATION OF INDEPENDENT SCHOOL DISTRICT 833 TO ALLOW CONSTRUCTION OF A NEW ELEMENTARY SCHOOL AT 7447 -65TH STREET SOUTH. MOTION CARRIED 5-0. • � Regular Meeting—January 17, 2001 Cottage Grove City Council Page 5 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Council Member Hale thanked the City Council for their confidence, noting the tremendous qualifications of the candidates. He stated his appreciation to all of the candidates and his hope they will run for election in two years. Mayor Shiely stated she and Council Member Rice will attend a meeting of the Nuisance Ordinance workgroup tomorrow night and will report on their progress at the next meeting. Mayor Shiely stated she attended a meeting with City Clerk Caron Stransky on the Great Grove Get Together. She noted they will be asking the City to become more involved in this celebration which will be held on Saturday, June 9, 2001. Mayor Shiely encouraged any community or church organization in need of fund raising to consider doing so at the Great Grove Get Together. PAY BILLS MOTION BY WOLCOTT, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 116732 TO 116946 TOTALING $477,356.98. MOTION CARRIED 5-0. WORKSHOP SESSION —OPEN None. WORKSHOP SESSION—CLOSED None. ADJOURNMENT MOTION BY HALE, SECONDED BY KOHLS, TO ADJOURN THE REGULAR MEETING AT 8:51 P.M. MOTION CARRIED 5-0. Respectfully submitted, Caron M. Stransky City Clerk Carla Wirth TimeSaver Off Site Secretarial, Inc.