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HomeMy WebLinkAbout2001-10-03 MINUTES . ` , • • AGENDA COTTAGE GROVE CITY COUNCIL OCTOBER 3, 2001 WORKSHOP SESSION - 6:30 P.M. A. Discussion on draft nuisance ordinances. Persons wishing to address the Council during this meeting are asked to �11 out a "Speaker Signup Form"and return the form to any Staff Member prior to the start of the meeting. Speaker Signup Forms are locafed on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjecfs 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. Employee Recognition. B. Presentation of Badges and Swearing In for Police Officers Bryan Massman and Daniel Schoen. C. Acknowledge with appreciation the many hours volunteered by the Recreation Department's U-Lead and U/R participants. D. Washington County Solid Waste Information. 3. APPROVAL OF MINUTES A. September 5, 2001 Special Meeting. B. September 5, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Planning Commission of August 24, 2001. OCTOBER 3, 2001 AGENDA Cottage Grove City Council B. Consider adopting a resolution approving assessments for utility services installed as part of the 80th Street Improvement Project. Sfaff Recommendation:Adopt the resolution. Because the homeowner petitioned for the installation of utility services, and a waiver of the hearing, notice, and appeal rights for projects levied under Minnesota Statute Chapter 429 or 444 was enacted, no public hearing is required for the Council to adopt these assessments. C. Consider approval of a conditional use permit to allow St. Luke's Lutheran Church to operate a pre-school in their church facility at 7000 Hinton Avenue South. Staff Recommendation:Adopt the resolution approving fhe conditional use permit allowing St. Luke's Lutheran Church to operate a pre-school in their church facilify at 7000 Hinton Ave South. D. Proclaim October 2001 as Toastmasters Month in the City of Cottage Grove. Staff Recommendation:Proclaim Toastmasters Month. Toastmasters International Eastern Division will sponsor an event at the River Oaks Golf Course on Thursday, October 4. **E. Consider approval of the draft letter commenting on the Environmental Assessment Worksheet (EAW) for the South Washington County Interceptor Project. Staff Recommendation:Approve the draft letter commenting on fhe EAW for the South Washington County Interceptor Project. **F. Consider approving revised resolutions for the preliminary plat, site plan review, and conditional user permit for Walgreens (ITEM ATTACHMENTS WILL BE SENT OUT ON TUESDAY). Staff Recommendation:Adopt the revised preliminary plat and site plan resolution and the revised conditional use permit resolution for Walgreens. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Conduct public hearings considering the assessment of public improvements for Hidden Valley 9th, Pine Summit 1 st, and Pine Forest 6th. Sfaff Recommendation: Conduct the public hearings and adopt resolutions approving the assessments. 7. BID AWARDS 8. UNFINISHED AND NEW BUSINESS A. Consider taking formal action on the MUSA expansion request for the southwest area of the city as it relates to the comprehensive plan amendment filed by Cheetah Properties. Staff Recommendation: Take formal action by either approving or denying the MUSA expansion request for the southwest area of the city as it relates to the comprehensive p/an amendmenf �led by Cheetah Properties. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Receive information on the status of compliance at A & F Auto. 10. COUNCIL COMMENTS AND REQUESTS � ' , , . OCTOBER 3, 2001 AGENDA Cottage Grove City Council 11. PAY BILLS A. Approve payment of check numbers 120659 to 120855 in the amount of $346,730.61. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. City Works Schedules. **B. Gateway Redevelopment District. **C. Fire Chief Position. 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 10/1/01 SPECIAL WORKSHOP COTTAGE GROVE CITY COUNCIL � October 3, 2001 Workshop - 6:30 p.m. Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Kim Lindquist, Community Development Director Cottage Grove Nuisance Ordinance Workshop Community Development Director Lindquist reviewed the different areas that the Nuisance Ordinance Task Force had reviewed over the last year and the history of the Group. She explained how the various topics were chosen for discussion and what types of recommendations were made. She requested input from the Council regarding the review and approval process for the Task Force recommendations and said before the recommendations go public, staff wanted to insure there were no specific changes that should be made. Lindquist explained the first topic for discussion—recreational fires—and she reviewed what modifications had been made. One of the issues staff is requesting direction from the Council is relating to the recommendation for permitting of recreational fires. The idea for permitting was supported by Fire Chief Dally, however, it was noted that there is little staff support for permitting and current staff believe that having the regulations should be sufficient to address recreational-fire issues. Council Member Kohls questioned whether people would come in for a permit. She noted several people have fire pits on the weekends for gathering and those occasional users probably would be more likely to apply for a permit. She stated that she is leaning towards seeing how, with requirements, not permitting would work. She suggested waiting as complaints come in and determine further action at that point. Mayor Shiely stated that when they first gathered a year ago it seemed that the City was going through a period with a rash of recreational fires complaints and this was the reason the Committee looked into it. Special Meeting of the City of Cottage Grove October 3, 2001 Page 2 Council Member Kohls stated that most complaints seem to come from those who have health issues and asked how that could be managed. Don Strom, a Task Force Member, stated that their concern is that if you do not specify certain requirements then there is no comeback or protection for the neighborhoods. He stated that if people are not informed of the requirements then the safety of the neighborhood is threatened. Council Member Kohls asked how the other Task Force members felt about permitting. Dante Massarotti, a Task Force Member, stated that an annual permit is a good idea. He stated that it provides monitoring of the individuals and would protect the environment. He stated he is one who believes in an annual inspection, noting that this provides better management. City Attorney Thompson added to Council Member Kohls comment regarding those bothered by odor or smoke. She stated that there is a provision in the ordinance that states that the Fire Chief can order a fire to be immediately extinguished if it poses a hazard to the property or health. She clarified that it would be dealt with on a case-by-case basis and the Fire Chief would have to issue the order. Council Member Hale asked if this would also apply to rural-area residents. He stated that is the reason many move to the country and it might make them feel that this is a policing-type action. He clarified that he is not speaking against the regulation, only the annual inspection. Gary Kjellberg, a Task Force Member, stated that he was against the permitting process. He explained that he does not want the annual inspection. He further explained that they came to a group decision on the one-time inspection, noting that if you have been approved and are a Resident for over 20 years that the one shot doesn't mean much. He stated that as far as ordinances in the City that all should be required to follow the ordinances, whether the property is located in a rural area or not. Council Member Wolcott stated that he would prefer to see what the Residents have to say at a Public Hearing before he makes a decision regarding permitting. Council Member Rice is teetering both ways on the issue. He acknowledged that permitting allows staff to go out and inspect the area. He stated that it could be a good idea. Mayor Shiely clarified that the Council would prefer to keep the permitting provision in the draft recommendations through the public-hearing process. 2 Special Meeting of the City of Cottage Grove October 3, 2001 Page 3 Council Member Wolcott expressed concerns regarding management and who would take care of it, and asked if fees had been discussed or determined. Council Member Hale stated that he believes they are going too far with the permitting for recreational fires. Council Member Kohls agreed with Council Member Hale but also suggested that they should leave it in the public-hearing process. Community Development Director Lindquist confirmed that the public process would include the provision requiring a one-time permit for a recreational fire that would be in existence on the site until the resident changes. Community Development Director Lindquist reviewed the animal ordinance, stating that it would allow for a total of 3 cats and dogs that would have to be licensed. She further explained that more than three animals would require a multiple animal license and would require an application process. She stated that City Attorney Thompson stated that other Cities have also used this process. She explained that licensing would be annual, noting that if there are a number of complaints the request for license could be denied. She stated that there is discussion regarding how it would be administered and reviewed the process being considered with the Council. She stated that the Group was very interested in limiting the number of animals and wants to see this limit included. Council Member Hale asked if they have a limit now. Community Development Director Lindquist explained that the enforcement was geared towards dogs and the City Clerk felt the current language did not limit animals, although there is some ambiguity. Mayor Shiely noted that the concern initially was that farm cats and dogs would need to be vaccinated. Community Development Director Lindquist stated that the dangerous dog section has been revised and she recommended that Council review the changes. Council Member Kohls stated that she is weighing the fee process and numbers. She suggested that they wait to hear what the public has to say. Gary Kjellberg asked for clarification on the wording regarding exotic animals. He stated that in context no person could have a wild animal unless it is licensed. His stated that his understanding was that wild animals would not be allowed and noted the possible conflict in wording. Community Development Director Lindquist noted the discussions regarding parking regulations and stated that it is a large complaint issue. She stated that the draft ordinance has been tightened and now limits the number to four 3 Special Meeting of the City of Cottage Grove October 3, 2001 Page 4 vehicles being stored outside a building, and explained that the definition for vehicle is more inclusive as compared to the current definition. She stated that it includes all moving vehicles and it is presently very difficult to enforce the vehicle standards. She stated that the draft recommends changes to parking surfaces and some setbacks with the same requirements as an accessory structure. Community Development Director Lindquist stated that glare and noise ordinances have minor changes that provide measurements. She referenced the PCA regulations and the difficulty to manage noise complaints. She explained that the measurements are based on noise decibel. Gary Kjellberg asked for clarification for the item referencing firewood. He stated that it should read six fireplace cords. He noted that it was presently 12 fireplace cords and the group decided on six. Council Member Hale asked if this would apply only to those in an immediate residential area. He stated that it takes 8 to 12 fireplace cords to heat a home and they need to provide the opportunity to store over the 6 for rural areas. He questioned the 4-vehicle section and asked for clarification of the parking regulations. He stated that it seems like a large number and asked what rationale was used to determine the number of vehicles. Community Development Director Lindquist clarified that it is not just stored vehicles, this covers any vehicle that is parked outside. She further clarified that other regulatory options, for example whether the vehicles move from the site, is difficult to enforce. The current proposal would be more straightforward. Council Member Kohls stated that this is one that would need to be publicized and the public needs to be very aware of this change. She stated that it could impose a lot of problems for the citizens. Council Member Hale asked if the Committee had considered classifying vehicles. Gary Kjellberg stated that the group did take this into consideration. He explained that the final consensus was four vehicles that would include regular vehicles, trailers, and boats. He further explained that anything parked inside the garage does not count. Community Development Director Lindquist clarified to Council Member Hale that one of the problems is the enforcement issue. She stated that they would not be able to monitor the movement. She explained that when people complain they don't care about the type of vehicle just that it may be blocking a view or does not look good. Gary Kjellberg stated that one item to keep in mind is that in the summer, if it is parked on the street, that the vehicle would not be included in the count. 4 . , �, � Special Meeting of the City of Cottage Grove October 3, 2001 Page 5 Mayor Shiely noted that Council needs to consider the enforcement issue and the education of the public with respect to the changes. Council Member Hale stated that he had not received a response to his question as to whether this applies to the rural areas. Community Development Director Lindquist confirmed that the draft ordinance changes are intended to apply to the entire city. Mayor Shiely closed the workshop at 7:10 p.m. Respectfully submitted Bonita Sullivan TimeSaver Off Sife Secretarial, Inc. s REGULAR MEETING COTTAGE GROVE CITY COUNCIL October 3, 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 Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director John Mickelson, Director Public Safety Kim Lindquist, Community Development Director Les Burshten, Public Works Director Jerry Bourdon, City Engineer, BRAA Michelle Wolfe, Assistant City Administrator Corrine Thompson, City Attorney, Kennedy and Graven Dr. Dan Holk, Superintendent of School District 833 explained that he is here tonight to speak on the November 6, 2001 District Referendum. He provided the Council with a copy of the Referendum for their review. He explained the issues in the School District and explained that the School Board has decided to put it to the voters. He stated that the figure, $378.00 per student, would be to balance the budget and keep the present programs in place. He referenced the $300.00 per student figures for the 1998 referendum adding that this is now gone. He explained that the Legislature has said there would be no money noting property tax decrease. He asked for the support of the Community and encouraged everyone to come out and vote. Tracy Burnett, 9585 72nd Street South stated that in 1998, prior to the referendum, her son was in a 4th grade class of 35 students. She stated that after the referendum the class size went down to 26, her son's work performance improved, and his test scores have gone up. She stated that the morale has improved with Staff and Teachers. She explained that the 1998 referendum will not exist as it is presently known, that it will be gone and would be included in the $2.1 mil provided overall from the Legislature. She stated that this would greatly impact the budget, class sizes and programs offered. She stated that this request would benefit everyone, Students, Teachers, Staff and the Community. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, October 3, 2001, at the Cottage Grove City Hall, 7516 80`h Street South. Mayor Shiely called the meeting to order at 7:25 p.m. ROLL CALL Regular Meeting—October 3, 2001 Cottage Grove City Council Page 2 Present: Mayor Sandy Shiely Council Member Pat Rice Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale 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 Lindquist, Community Development Director Michelle Wolfe, Assistant City Administrator Corrine Thompson, City Attorney, Kennedy and Graven Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely requested that they move Item C forward to Item A in the presentations and subsequent presentations to follow. MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. PRESENTATIONS A. Acknowledge with Appreciation the Many Hours Volunteered by the Recreation Department's U-Lead and U/R Participants. Mayor Shiely stated that this presentation is to acknowledge all the individuals who volunteered their time and were involved in the Park and Recreation Department. She expressed thanks on behalf of the Council stating that the Council very much appreciates all of their contributions. Diane Evans, Recreation Supervisor explained that the Ulead and U/R Programs were created in 1997. She provided a history and basis of the program to the Council. She stated that for the summer of 2001 they had 22 youth participants who volunteered over 200 hours. She stated that they would like to take this time to acknowledge the participants and present them with their awards. The Council came forward to participate and personally acknowledge each of the participants. Diane Evans, Recreation Supervisor, announced each participant and presented his or her awards. B. Employee Recognition Mayor Shiely explained that this presentation relates to some very outstanding City Employees noting that they have done some very special work. Assistant City Administrator Wolfe explained that the City has turnover and vacancies that create situations where employees might need to take on additional duties for a period of time. She stated that she has three such situations that they would like to recognize. She introduced Bob LaBrosse, Regular Meeting—October 3, 2001 Cottage Grove City Council Page 3 Chief Building Official in the Building Division. She explained that his department has been without a fulltime inspector for most of the year. She reviewed the workload and number of permits that required inspection and stated that Mr. LaBrosse has worked extra hours to ensure that the work has been completed. She also acknowledged Martha McBride stating that she assisted Mr. LaBrosse by helping to manage and coordinate his time and provide administrative support as needed. She stated that the City is fortunate to have such exemplary employees. Assistant City Administrator Wolfe stated that the Finance Department has experienced changes at a time of year when the workload increases significantly due to budget reviews. She stated that Suzanne Deans adjusted her schedule and took on additional responsibilities to ensure that the workload was covered and completed. She stated that the City again, is very fortunate to have such an exemplary employee and thanked Ms. Deans for her dedication. Assistant City Administrator Wolfe noted the resignation of Chief Kinsey. She stated that Captain Mike Zurbey with Public Safety Department assumed position of Director Public Safety and maintained his duties as Captain in addition to his new responsibilities. She congratulated him on his 25 years of service noting that he had reached his Service Anniversary in September 2001. She thanked him, on behalf of the City, for his dedication to the City of Cottage Grove. C. Presentation of Badqes and Swearing in for Police Officers Bryan Massman and Daniel Schoen. Mayor Shiely introduced Bryan Massman and Daniel Schoen and invited them forward for the swearing in by City Administrator Schroeder and the presentation of badges by Director Public Safety Mickelson and the Council. City Administrator Schroeder introduced Daniel Schoen and proceeded with the swearing in of Officer Daniel Schoen. City Administrator Schroeder introduced Bryan Massman and proceeded with the swearing in of Officer Bryan Massman. Director of Public Safety Mickelson presented Officers Daniel Schoen and Bryan Massman with their badges and welcomed them to the force. D. Washington County Solid Waste Information. Judy Hunter, Washington County, Public Health\Solid Waste, provided an overview of the current solid waste system. She explained the process for reviewing public collections of solid waste in the County. She reviewed the goals of Washington and Ramsey Counties with the Council. She stated that they are looking at the possibility of the private sector providing the service versus the County adding that the goals are not on target. She stated that they are in the process of realigning their goals as provided by the State plan. She reviewed the quantity of solid waste removed in the County per year. She reviewed the various ways of disposal for the solid waste and the location of the facilities used. She discussed the recycling trends noting that the recycling process has flatlined in both the residential and business areas. She discussed the present issues noting waste generation is increasing, recycling is stagnant, incentives to recycle versus dispose are not there, and the emphasis is on cost not in balance with environment and public safety. She asked for feedback from the Council. She reviewed the recommended process and approach by the County for public collection with the Council. She explained that the County would manage the contracts with the private sector haulers to remove the solid waste. Regular Meeting—October 3, 2001 Cottage Grove City Council Page 4 Council Member Wolcott noted that per Minnesota statute the Counties have responsibility and authority. He asked why they are not able to make the haulers dump at the Newport facility. Ms. Hunter stated that they are reviewing this process. She explained that they cannot require a hauler to deliver to a specific facility adding that they can provide that directive if it is managed by a contract. Council Member Wolcott noted the discussion at the City Council level stating that they feel strongly that all garbage is to be taken to the Newport facility. He stated that they discussed the court cases and the possibilities of making it a part of the licensing requirement. He stated that they would like to see this managed at the lowest possible level, which would be the local level. He stated that this needs to be done and agrees with what the County has presented. He stated that they would prefer that it be done at the local level but that they need the tools to be able to do it. Ms. Hunter explained the process that the County would use to manage the contracts. She stated that the actual process would be determined and controlled by the Cities. She further stated that the County would then manage the contracts based on City requirements. Council Member Wolcott asked if they have worked with any of the County Attorneys to work through this process. Ms. Hunter confirmed that they have the County Attorneys from Ramsey and Washington Counties assisting with the process. Council Member Kohls asked for clarification regarding the statute. She stated that it was important for the public to understand and asked Ms. Hunter to explain if this would affect or impact the homeowner's ability to choose who would collect their trash. Ms. Hunter stated that it could be done several ways and reviewed the options. She explained that it could be managed where the Residents would have the ability to choose or the City could apply restrictions with no choice. Ms. Hunter explained the statute requirements. She reviewed the various processes, fees and billing that could be applied with each possible option. She noted the funding options and reviewed the fees and service charges with the Council. She reviewed the Study Process that would take place during the 2001 - 2003 timeframe with the Council. She stated that this could be two different decisions based on the options chosen. She noted the Newport facility adding that the facility has provided the initiative to look at public collection and determine how to manage the waste. Council Member Hale reinforced and agreed with Council Member Wolcott noting that this is a local service. He explained that the further you move it away from Iocal control the more difficult it can become with respect to support from the Cities and Residents. He expressed his hopes that they take seriously their recommendations and concerns. Council Member Wolcott expressed his Thanks for the assistance they have received in disposing of the hazardous waste in the City of Cottage Grove. He stated that the program has been very successful and urged them to continue it. He asked if they have looked at composting as a part of this process. Ms. Hunter stated that they have not considered composting because most Cities do not have composting sites available. She stated that Washington County is looking into this but that Ramsey County is having some difficulties. Council Member Wolcott asked if there was anything the County or State could do with respect to variety of items for recycling and the marketing process. Ms Hunter stated that they do work with the Counties on marketing issues. Mayor Shiely recapped the concerns of the Council with Ms. Hunter and thanked her for the update. Regular Meeting— October 3, 2001 Cottage Grove City Council Page 5 APPROVAL OF MINUTES A. September 5, 2001 Special Meeting —Accepted as corrected. City Administrator Schroeder referenced the first paragraph for general discussion stating the pulling of the water tower and it should be Well No. 6. B. September 5, 2001 Regular Meeting -Accepted as corrected. Council Member Kohls stated that on page 14, the last sentence of the last paragraph, she stated that she is ready to vote on one development. She clarified that it should read that she is actually not ready to vote. Mayor Shiely stated all minutes have been accepted and approved as corrected. CONSENT CALENDAR Council Member Kohls asked to pull Item 4E. She referenced page 5, the second paragraph, last sentence and expressed concerns regarding the one hour storage time of the product in the line if they lose power. She asked Council if they were comfortable with this and requested clarification. Public Works Director Burshten noted that much depends on where they are located. He stated that they would have to review thoroughly and he is not prepared to answer at this time. Council Member Kohls referenced the future peak hour flow rate of 30 million and that Community Development Director Lindquist noted that they had approved 15 million. She expressed her concerns regarding the future flow rates. She also referenced page 27, prime or unique farm land. She asked for further clarification in reference to prime farmland being removed from production and would the farm land be available for use until future development occurs. City Administrator Schroeder explained that the EAW is discussing the planning design sizes for infrastructure and determining the ultimate land use of the land. Mayor Shiely asked Community Development Director Lindquist how much weight her comment carries and would they change this. Community Development Director Lindquist explained the Met Council was told the CUP approval was 15 mgd only. She reviewed the process for EAW with the Council. City Administrator Schroeder noted that they always spoke of 15, adding that if they could get a design with greater capacity in the same footprint they would. Council Member Hale noted that they would want the pipe size to be the maximum size in order to avoid having to go back and do it again. Mayor Shiely referenced Item D, the proclamation for November 2001 declaring it as Toastmasters Month. She stated that they do a wonderful job and announced that their International Eastern Division is sponsoring an event at the River Oaks Golf Course this Thursday, October 4, 2001. City Administrator Schroeder referenced Item F and reviewed the exhibit for the resolution and reviewed the changes with the Council. Regular Meeting—Ocfober 3, 2001 Cottage Grove City Council Page 6 MOTION BY RICE, SECONDED BY COUNCIL MEMBER WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PLANNING COMMISSION MEETING MINUTES OF AUGUST 24, 2001. B. ADOPT RESOLUTION NO. 01-158 ADOPTING ASSESSMENTS FOR LEWSADER UTILITY SERVICES. C. ADOPT RESOLUTION NO. 01-159 APPROVING A CONDITIONAL USE PERMIT TO ALLOW ST. LUKE'S LUTHERAN CHURCH TO OPERATE A PRE-SCHOOL IN THEIR CHURCH FACILITY AT 7000 HINTON AVENUE SOUTH. D. PROCLAIM OCTOBER 2001 AS TOASTMASTERS MONTH IN THE CITY OF COTTAGE GROVE. E. APPROVE DRAFT LETTER COMMENTING ON THE ENVIRONMENTAL WORKSHEET (EAW) FOR THE SOUTH WASHINGTON COUNTY INTERCEPTOR. F. ADOPT RESOLUTION NO. 01-160 AMENDING RESOLUTION NO. 01-087 APPROVING THE PRELIMINARY PLAT AND SITE PLAN REVIEW FOR WALGREEN'S; AND ADOPT RESOLUTION NO. 01-161 A RESOLUTION AMENDING RESOLUTION NO. 01-088, APPROVING THE CONDITIONAL USE PERMIT ALLOWING A DRIVE-THROUGH WINDOW AT WALGREEN'S, 7241 —80TH STREET SOUTH. MOTION CARRIED 5-0. 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 A. Conduct Public Hearing Considering the Assessment of Public Improvements. 1. Hidden Valley 9th Addition. Mayor Shiely opened the Public Hearing at 8:27 p.m. Mayor Shiely closed the Public Hearing at 8:28 p.m. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUT/ON NO. 01-162 ADOPTING ASSESSMENTS FOR HIDDEN VALLEY 9T" ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5-0. 2. Pine Summit 1S`Addition. Mayor Shiely opened the Public Hearing at 8:29 p.m. Mayor Shiely closed the Public Hearing at 8:30 p.m. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-163 ADOPTING ASSESSMENTS FOR PINE SUMMIT 1St ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5-0. Regular Meeting— October 3, 2001 Cottage Grove City Council Page 7 3. Pine Forest 6�h Addition. Mayor Shiely opened the Public Hearing at 8:30 p.m. Mayor Shiely closed the Public Hearing at 8:31 p.m. MOTION BY RICE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 01-164 ADOPTING ASSESSMENTS FOR PINE FOREST 6th ADDITION UTILITY AND STREET IMPROVEMENTS. MOTION CARRIED 5-0. BID AWARDS NONE Mayor Shiely called a five-minute break at 8:32 p.m. Mayor Shiely called the meeting to order at 8:40 p.m. UNFINISHED AND NEW BUSINESS A. Consider Taking Formal Action on the MUSA Expansion Request for the Southwest Area of the City as it Relates to the Comprehensive Plan Amendment Filed by Cheetah Properties. Mayor Shiely stated that there has been considerable discussion on this and asked for a motion prior to further discussion. She explained that on September 5, 2001 the City Council held a workshop to discuss the impact on regional systems relating to development in the southwest as it relates to the Cheetah project. She explained that much was discussed with respect to issues raised by Mr. Nesvig and the previous annexation deliberations. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01-165 APPROVING A COMPREHENSIVE PLAN AMENDMENT TO EXTEND THE MUSA FOR A 117- ACRE PARCEL OF LAND ON THE NORTHWEST CORNER OF HADLEY AVENUE SOUTH. - MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND QUESTIONS A. Receive Information on the Status of Compliance at A& F Auto Community Development Director Lindquist stated that in September Staff provided an update on the status of A & F Auto. She stated that it was explained that they might entertain processing an order of abatement for a hazardous property. She explained that Staff recently reviewed the site and found that some progress has been made in terms of the site cleanup. She reviewed the progress made with the Council. She stated that Staff is again recommending that Mr. Martin be allowed to continue working on the site cleanup. She noted that although it is clearly not in compliance with the Council directive for continued reduction of 20 percent of inventory, there has been an appreciable reduction in tires and batteries. She stated that according to the Council Resolution of June 20, 2001, Mr. Martin has until November 30, 2001 to have the entire site in compliance with the underlying zoning district except for the grandfathered one acre. She stated that Staff would bring this back to Council in November 2001 to assess the site status. She explained that she did speak with the attorney noting the receipt of a letter from the client. She further explained that she has also had Regular Meeting—October 3, 2001 Cottage Grove City Council Page 8 conversations with the County and they are continuing to pursue the tire and part cleanup with the owner. She stated that as long as the owner receives assistance he seems to be making progress. Council Member Hale asked if the City is expecting him to work on the vehicles. Community Development Director Lindquist stated that the original intent would be 20 percent of all inventories and it would include tires and the autos. She stated that they were not specific and acknowledged that it should be a combination. COUNCIL COMMENTS AND REQUESTS NONE PAY BILLS MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE PAYMENT OF CHECK NUMBERS 120659 TO 120855 TOTALING $346,730.61. MOTION CARRIED 5-0. Mayor Shiely stated that there would be an Open Workshop following the Regular Meeting that would cover City Work Schedules, the Gateway and the Fire Chief Position. WORKSHOP SESSION —OPEN A. City Work Schedules Assistant City Administrator Wolfe stated that Council Members had specific questions they wanted addressed and this workshop is to provide a review and update of the issues raised by the Council. She reviewed the questions: * City Work Schedules * How are MIS needs addressed when the part-time MIS Coordinator is not scheduled to work? '`What is the rationale for certain employees receiving paid lunches and which employees does this cover? *What was the rationale for the Recreation Division working ten-hour days for part of the year and how has that worked? Council Member Kohls asked Public Safety Director Mickelson for clarification on the scheduling issues. She stated that her general feeling about scheduling would be to leave it up to the department head as to what would work for them. She acknowledged the potential issues at the Human Resources level adding that the departments should be able to determine their needs. She suggested no Council involvement. Public Safety Director Mickelson clarified the scheduling issues for Council Member Kohls. Assistant City Administrator Wolfe explained that currently the MIS Coordinator works Monday, Tuesday and Thursday, 8 hours per day. She stated that for the off days the MIS Coordinator takes calls from home and is on pager. She acknowledged that a contingency planning should occur and stated that Finance Director Hedberg is present to answer any questions. Council Member Kohls asked for clarification on the on call situation. Finance Director Hedberg explained that if the MIS support is not available users do try to fix the problem themselves. He stated that when serious problems arise the MIS Coordinator can be paged Regular Meefing— October 3, 2001 Cottage Grove City Council Page 9 and assistance is provided by telephone. He further stated that if the problem is serious the MIS Coordinator does come into the office to resolve the problem. He stated that when the MIS Coordinator is out of town they have run into problems adding that it doesn't happen to often. Assistant City Administrator Wolfe confirmed that this situation could occur whether the position is part time or full time. Finance Director Hedberg stated that in the 2001 budget there was dollars included for an internship to assist and it is helping. He further stated that in 2002 the budget dollars were cut back with respect to the number of hours for internship but included dollars based on project needs. Assistant City Administrator Wolfe referenced the attachments provided to Council for their review explaining that it relates to the 10-hour schedule created in the Recreation Division. She stated that the Recreation Director made the first request in 1998 for a four-month period of December 1998 through March 1999. She noted that upon completion of the first trial period Recreation Director Evans and Jason West put together an analysis of how successful the work schedule was for them. She explained that after reviewing the results of the analysis they determined that the schedule worked very well for the first three months but not in March. She stated that for the next two years Recreation requested the 10-day schedule but only for the three month period of December, January and February and this has worked very well for them. Assistant City Administrator Wolfe stated that a question was raised regarding paid lunches. She explained that this applies only to the Public Safety Department and Public Safety Director Mickelson has provided a written response of explanation. Mayor Shiely asked if they have paid meal breaks and are they considered on call during meal breaks. Public Safety Director Mickelson acknowledged that they do have paid meal breaks noting that meals are brought to them. He confirmed that they are considered on call during meal breaks and do leave if they are paged. Council Member Wolcott thanked Public Safety Director Mickelson for his memo and stated that he pretty much agreed with everything said. He stated that he is not concerned about the management of the schedule noting that it does not look good as a written policy. He stated that he does not want to see anything in writing that says they would receive a paid lunch. City Administrator Schroeder stated that they wanted to inform the Council regarding the paid lunches. He stated that there would be instances where department decisions could have an impact on department morale. He provided an example where it was not in an effort to improve customer service levels but to appease the employees. He stated that they do want to review this and be sure that scheduling issues are relating to customer service and delivery. Council Member Kohls expressed her concerns stating that this needs to be done fairly and suggested training sessions that would educate based on legal and the pros and cons. Assistant City Administrator Wolfe recapped and clarified Council Member Kohls statements with respect to the discussion and expressed her concerns that a department head may not be aware of the impact it might have on another department and this is centrally reviewed. She clarified that she is not discussing shift changes or events but major work schedules changes that could have a disparity. B. Gateway Redevelopment District Regular Meeting— October 3, 2001 Cottage Grove City Council Page 10 City Administrator Schroeder provided a background history of the Gateway Development to the Council. He stated that all of the projects are intertwined noting that there are a number of infrastructure improvements that need to occur. He stated that some infrastructure improvements would need to occur regardless of the development projects and some infrastructure is because of the projects. He provided examples. He stated that as a result of these projects they would be extending the street improvements and infrastructure. He stated that the 80th street development is a somewhat complicated project and reviewed the project with the Council. He explained the issues and referenced Hardwood Avenue. He stated that in order to complete everything there are a number of action items that need to be addressed and completed by April of 2002. He asked for direction from the Council. Mayor Shiely expressed her concerns noting that she has announced several times the Council's intent regarding this project and it concerns her that statements have been made with respect to individuals who have not watched the Council meetings. She explained that the Council is not being secretive. She stated that they have potential for this large retailer noting that the problem here is that the retailers are very sensitive and they prefer to keep it private until all decisions have been made. She expressed her concerns regarding an article in the newspaper stating that Council is being secretive. She stated that the City of Cottage Grove has been negotiating with Kohls department store. She stated that there are several issues to discuss before Council can discuss anything further. Council Member Hale stated that the comments made by a couple of the Planning Commissioners is real. He stated that the people here have a right to know what is going on in their community. He stated that he understands the need to keep negotiations private but that once discussions begin with Individual residents regarding demolition of their property that it is time to inform the Residents. He stated that this should be considered as the needs of those who live here should come before the needs of a business that does not have a foothold in Cottage Grove. He referenced the Grey Cloud Island issue as an example. He referenced Residents who have now come in to request rezoning and noted a park directly across from the property that is being considered. He stated that now they are in a position where if someone votes against the redevelopment project that they are the bad guys by affecting the tax base of the City. Mayor Shiely acknowledged her agreement with Council Member Hale adding that the Planning Commission does not need to know anymore than the others until they are involved in the Planning process. She stated that she really wishes that everyone could be involved but that in a situation like this it is not possible. She noted that the reality of it is that a business has a right to say no to making everything public. She stated that Cottage Grove has lost several businesses because of this issue. She stated that Cottage Grove needs commercial business and if this is the way to bring them in, by keeping their plans silent, then this is the way it should be done. Council Member Hale referenced the previous vote adding that this should have been a flag of concern. It has not been discussed and now they have a package deal before them and it appears that it is wired and ready to go. He further stated that there was no chance to discuss the package. He referenced the Residents who are now requesting rezoning of property. He stated that there has been no discussion on this issue and clarified that he is not saying no to commercial business in Cottage Grove. Council Member Kohls stated that she has not had an opportunity to review the packet. She stated that she values greatly the public input and would solicit public input. She stated that like Council Member Hale, to be told that you cannot know who this business would be goes against who she is Regular Meeting—October 3, 2001 Cottage Grove City Council Page 11 and everything she believes about in government. She stated that she wants commercial development but to not be able to discuss this with the Residents impacted by this decision goes against the core of her beliefs. She acknowledged the importance of retail and commercial development to the community adding that she wants public input and this is not who she is. She asked how much was paid for the previous Hardwood Avenue alignment and if they are asking for input on the issues before voting. She suggested that they go forward and discuss each issue as it occurs. City Administrator Schroeder stated that it was approximately $200,000.00 for the property. He explained that money has been spent, plans have been drawn, they have an agreement adding that if they are going to abort the project it can be done in the future but not without a large expenditure of funds. He stated that he would prefer to abort now rather than to wait two to three months. Council Member Kohls clarified that what she wants to know is what has been invested dollarwise. City Administrator Schroeder provided an overview of expenses to date and reviewed time spent on project related tasks that included the infrastructure for sanitary, water and sewer. He stated that the second task was to determine if there was actually enough room. He referenced Hardwood stating that the alignment being proposed is vastly superior to the previous alignment. He reviewed the proposed alignment with the Council. He stated that the Hardwood project would be approximately $2.2 million and the acquisition of the three parcels would come to $1.3 million. He stated that the MSA dollars would be used for acquisition costs in addition to the infrastructure costs. He reviewed what would be included in this cost estimate in addition to items that would occur regardless. He discussed the acquisition costs with the Council. He reviewed the individuals who would be contributing to these costs and the funding with the Council. Council Member Kohls asked for clarification and asked about TIF financing. City Administrator Schroeder reviewed the items that would comprise the funding. Council Member Hale asked if they were going to specially assess properties. City Administrator Schroeder clarified and reviewed funding and the assessment process. Council Member Wolcott reviewed previous discussions may have included the City asking some of the developers and homeowners to contribute to the road funding. He asked City Engineer Bourdon to look into this issue. Council Member Kohls stated that she had discussed this issue with a developer and stated that he is quite irritated that the City would ask him to contribute to the development of Harkness. She stated that with all of the numbers, the bottom line is if the discussed retailer comes in, a tax increment package over a 25-year period, in addition to adding the TIF, would be a complicated process. She stated that this money is paid from their property taxes but that it does not go into the General Fund. She explained that the difference in property taxes today and future taxes would be great and the fact that the money would not go into the General Fund would not benefit the Residents tax base and stated that this is an issue. She stated that she votes based on the value the development brings to the community. City Administrator Schroeder clarified that what would be paid by tax increment and determined where the dollars would be placed. He clarified the benefits for the community with the Council. Council Member Wolcott noted the discussion adding that he would like to make a few points. He referenced Hardwood. He stated that there is growth in the area and acknowledged that the sewer Regular Meeting—October 3, 2001 Cottage Grove City Council Page 12 and storm water issues need to be addressed. He reviewed the goals discussed in their goal setting sessions with the Council. He stated that commercial development was discussed over a year ago, that they want to redevelop the 80th Street/Highway 61 area noting that they thought it would be better. He stated that the shopping centers need to be modified and upgraded and Council gave that directive to City Administrator Schroeder and Assistant City Administrator Wolfe. He noted that they have followed through on that directive. He stated that they do need to upgrade and improve the appearance in order to attract restaurants and retail to Cottage Grove. He stated that they are at the point in time where they need to bite the bullet and do this for the vitality of the City. He stated that this would be a good opportunity to improve the streets and appearance of the City. Council Member Kohls thanked Council Member Wolcott for reminding her of the goals and indicated she does agree that they do need to redevelopment. She stated that her concern is that in order to know if this is right for the citizens they need to be able to discuss the proposal with residents. She stated that she does believe in this and expressed her appreciation for the work that Staff has done so far on this project. Mayor Shiely stated that she is absolutely convinced that what will happen is that this will be the first domino in the chain to bring new businesses into Cottage Grove that they want. She stated that there are businesses that do follow Kohls and is convinced that this is the beginning of the real revival of their commercial/retail area. She stated that if this does not go and there are not enough votes for rezoning, the rezoning of the individual properties is mute and suggested that they be very careful with this aspect. City Administrator Schroeder stated that there are presently three applications for rezoning adding that this is not something the City is causing directly. He clarified that the rezoning is being done outside of this project. He stated that if Council rezones the property in advance and for whatever reason the Kohl's project does not go ahead, the City would have this property open and vacant as commercial. Council Member Kohls stated that this is her confusion and asked why they wouldn't approve the rezoning now. Council Member Wolcott clarified that if they were to rezone prior to knowing if Kohl's is coming and if it doesn't go through, any commercial or retail could come in and purchase the property and place whatever they want on the property and the City would have less control over the use. City Administrator Schroeder stated that presently he is not able to answer the question regarding the impact to the property at this point. He stated that what the City is purchasing is a residential property with a residential structure. Council Member Kohls stated that her issue is using eminent domain to purchase property when it is not a benefit to the Community. She stated that to use it to sweep across properties for a commercial development is not appropriate. Mayor Shiely stated that everyone on the Council feels this way and would do anything they could to keep that from happening. Council Member Hale referenced eminent domain noting that it would be like an eviction from their home adding that if the Residents wanted this it would be a different situation. City Administrator Schroeder stated that there could be some Residents who would prefer this process. Regu/ar Meeting— October 3, 2001 Cottage Grove City Council Page 13 Council Member Kohls stated that she would like to tell Council and Staff how much she respects them and thinks it is really cool when they have the different opinions and can discuss all views. She stated that this is what real government is all about. Mayor Shiely expressed her agreement with Council Member Kohls and asked City Administrator Schroeder if he has received the direction he needs. City Administrator Schroeder acknowledged the concerns and clarified his understanding of the discussion tonight which would be to move forward and discuss as things occur. Mayor Shiely asked if it would make sense to have another discussion with the people regarding Hardwood. City Administrator Schroeder stated that they have contacted Residents adding that many Residents have told them that they support the Hardwood road project and want this to be done. Council Member Hale clarified that when they first discussed the gateway, they were not discussing the purchasing of homes and now they are discussing a different concept. He referenced the changes made at the table so to speak and provided Home Depot as an example. He stated that the questions have been asked but they have not been answered. He stated that the general public who are coming forward stating this has been done in secret noted that with the development that has begun that is the appearance that is given. Council Member Rice asked to recall the map that was used in the previous discussion about the Gateway Redevelopment Area. He noted that there was about 20 homes within the line at that time and it was acknowledged that there would be homes involved. Mayor Shiely acknowledged that people not wanting to sell their homes is a real issue and concern. She suggested that she personally meet with the Residents affected prior to anything happening. She asked what should be done about applications for rezoning and asked if they have 60 days. She stated that one of her concerns was the reference Council Member Hale made with respect to evicting people from their homes. Council Member Rice stated that the rezoning could be requested and approved as soon as the November meeting and stated that they could then turn and sell it to another retailer adding that the City could be in a real situation if that should happen. Council Member Kohls stated that this is really what they are doing is evicting people from their homes. She stated that these Residents should be able to move to something similar and own it for the same house payment. She stated that they should not be asking someone to do something that could change their quality of life. City Administrator Schroeder referenced state law which deals with eminent domain and relocation benefits similar to what Council Member Kohls is suggesting and provided a brief overview of the process with the Council. City Attorney Thompson clarified the mandates noting that anyone who is eligible and meets residency requirements would receive relocation benefits, moving benefits and closing costs. C. Fire Chief Position Assistant City Administrator Wolfe reviewed two issues with the Council. She stated that Fire Chief Dave Daily submitted a letter of retirement to the City. He requested pay out of his annual leave and Regular Meeting—October 3, 2001 Cottage Grove City Council Page 14 comp time. She stated that the requested pay out of annual leave has been taken care of and the comp time is addressed in the Personnel Policy noting that exempt employees are not eligible for compensation of comp time. She stated that it has been denied and this is to notify the Council. City Attorney Thompson stated that given the fact that Mr. Dally has retired and if City policy does not provide payment for compensatory the City Council is not able to provide for something inconsistent with the policy if the retirement has already occurred. Assistant City Administrator Wolfe noted that the Fire Chief's leaving has not been determined as a retirement or a resignation. City Attorney Thompson further explained that the Council cannot change the rule adding that the State Auditor has taken the position that unless it is set forth in a pre-established policy that it constitutes as a gift. Assistant City Administrator Wolfe stated that the second issue is to move forward with filling the position. She referenced the job description adding that it needs some work. She stated that she has discussed this with City Administrator Schroeder and Public Safety Director Mickelson. She stated that they would like to review the minimum requirements adding that the present description is too general. Council Member Wolcott expressed his agreement and suggested that she sit down with Public Safety Director Mickelson to work through the job description. Assistant City Administrator Wolfe stated that once the changes are made that they would like to � move forward with advertising the position. Council Member Wolcott asked that she forward the new description for Council review prior to advertising. Council Member Kohls asked that she include the wages. Assistant City Administrator Wolfe stated that the wage schedule ranges between $65,000.00 to $71,000 for annual salary. WORKSHOP SESSION —CLOSED NONE ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:32 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc.