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Home My WebLink About2008-12-03 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL December 3, 2008 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. Present: Mayor Sandy Shiely Council Member Mark Grossklaus Council Member Fred Luden Also Present: Craig Woolery, Public Safety Director Not Present: Council Member Myron Bailey Council Member Pat Rice Mayor Shiely opened the Open Forum at 7:15 p.m. There being no speakers, Mayor Shiely closed the Open Forum at 7:15 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, December 3, 2008, at the Cottage Grove City Hall, 7516 80�' Street South. Mayor Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Mark Grossklaus Council Member Fred Luden Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Les Burshten, Public Works Director Ron Hedberg, Finance and Administrative Services Director Corrine Heine, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Regular Meeting — December 3, 2008 Cottage Grove City Council Not Present: None. ADOPTION OF AGENDA Mayor Shiely reported the addition of a presentation to the agenda regarding snowmobile safety and laws and Item O, a resolution on an Operation Nightcap agreement. MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED 5-0. PRESENTATIONS A. Public Safetv Presentation reqardinq snowmobile laws and on-street parkinq Sergeant Randy McAlister provided the Public Safety's annual update regarding seasonal laws for on-street parking and snowmobiles. Minnesota State Statute, Section 84, and Cottage Grove City Code, Title 6, Chapter 6, govern snowmobiles, which cite a 50 mph maximum speed limit in Minnesota and 30 mph on City streets, as well as other requirements such as registration display, helmet use, "deadman" throttle, hours and location of operation, and violation liability. APPROVAL OF MINUTES None. CONSENT CALENDAR Council Member Grossklaus pulled Item I to express his grievance regarding the high number and large dollar amounts of utility bill delinquencies (totaling $275,328 in 2008) and said there is no excuse for it and he would like staff to look into the shutting off those accounts. The Finance Director commented that three of the largest amounts were due to frozen pipes in vacant houses. He also said the process of shutting down accounts is time consuming and costly but would begin in the spring, also adding that once bills are County certified and added as liens to delinquent properties, payments, penalties, and interest would be paid to the City. Council Member Bailey pull the following to acknowledge donations: Item F) $1,197.46 from the Cottage Grove Crime Board to the Public Safety Department, Police Division, for reimbursement for the purchase of materials to be used in constructing a U.S. Police Canine Association K-9 Agility Course; Item G) $85.00 from the Cottage Grove Crime Board's Dave Archer Scholarship Fund to reimburse the City for tuition costs for Officer Gina Larners to attend a Financial Crimes Fraud Training Course; and Item H) $1,000.00 from 3M Corporation to the S.T.O.C.K. program for the purchase of supplies and equipment; as well as Item O) State of Minnesota Office of Traffic Safety's grant award under the Operation 2 Regular Meeting — December 3, 2008 Cottage Grove City Council Nightcap program for $3,080.00 to be used for officer overtime wages and enter into an agreement with the State of Minnesota. Council Member Bailey pulled Item M to acknowledge the purchase of the squad car camera system for $159,922.84 and asked the Public Safety Director to comment, who described the system and said he was grateful for the purchase and looked forward to the benefits of the system: assisting prosecutions and eliminating false accusations and court costs for officers. Mayor Shiely pulled Item C to request the City Administrator's comments regarding approval of the final Surface Water Management Plan (SWMP). The City Administrator reported that the initial SWMP of September 3 was tabled by Council for further consideration contingent on the City working out an agreement with 3M on the ponding area known as LP3 located north of 100 Street. 3M's concern was negative impacts of flow rates, and a solution had been reached with an amended roadway plan that meets with approval by both 3M and the City. He also described 3M as a good partner in the solution of a stormwater plan. Council Member Luden inquired about a potential effect on the railroad with roadway changes, and no noteworthy effects were identified. MOTION BY RICE, SECONDED BY BAILEY, TO ADOPT RESOLUTION NO. 08-205 APPROVING THE FINAL SURFACE WATER MANAGEMENT PLAN (SWMP) DATED AUGUST 2008 WITH THE UPDATED AGREEMENT WITH 3M AND REVIEW AND APPROVAL BY THE CITY ATTORNEY. MOTION CARRIED 5-0. MOTION BY BAILEY, SECONDED BY LUDEN, TO APPROVE THE CONSENT AGENDA AS AMENDED WITH THE DELETION OF ITEM C: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: I. OCTOBER 13, 2008, PUBLIC WORKS COMMISSION MEETING. B. APPROVE CHANGE ORDER #3 FOR THE VARIOUS PARK IMPROVEMENTS AND ADDITIONAL TRAFFIC CONTROL SIGNAGE FOR THE 2008 PAVEMENT MANAGEMENT PROJECT. C e�o��Ecni i irin� �n A8_YYY ADD�/l\/IAIr_ Tu� �iniei CI I�CA(`C �nin�r� �AAAIAr`_C�/ICAIT DI AAI /C\A/�AD\ fIATCI'l AI Ir_`I ICT 7!1l1S2 D. ADOPT RESOLUTION NO. 08-206 APPROVING FINAL PAYMENT IN THE AMOUNT OF $33,314.90 TO ROSTI CONSTRUCTION, INC. FOR THE US BANK RETAINING WALL PROJECT. E. ADOPT RESOLUTION NO. 08-207 APPROVING FtNAL PAYMENT IN THE AMOUNT OF $21,732.68 TO RYAN CONTRACTING, INC. FOR THE WHITE PINES SENIOR HOME TRUNK WATER MAIN. F. ADOPT RESOLUTION NO. 08-208 ACCEPTING THE DONATION OF $1,197.46 FROM THE COTTAGE GROVE CRIME BOARD TO THE PUBLIC SAFETY DEPARTMENT, POLICE DIVISION, FOR REIMBURSEMENT FOR THE PURCHASE OF MATERIALS TO BE USED IN CONSTRUCTING A UNITED STATES POLICE 3 Regular Meeting — December 3, 2008 Cottage Grove City Council CANINE ASSOCIATION (USPCA) K-9 AGILITY COURSE. G. ADOPT RESOLUTION NO. 08-209 ACCEPTING THE DONATION OF $85.00 FROM THE COTTAGE GROVE CRIME BOARD'S DAVE ARCHER SCHOLARSHIP FUND TO REIMBURSE THE CITY FOR TUITION COSTS FOR OFFICER GINA LAMERS TO ATTEND A FINANCIAL CRIMES FRAUD TRAINING COURSE. H. ADOPT RESOLUTION NO. 08-210 ACCEPTING THE DONATION OF $1,000.00 FROM 3M CORPORATION TO THE S.T.O.C.K. PROGRAM FOR THE PRUCHASE OF SUPPLIES AND EQUIPMENT. I. ADOPT RESOLUTION NO. 08-211 AUTHORIZING THE DEFERRALOF SPECIAL ASSESSMENTS FOR 09-02721-31002, 05-027-21-41-0012, AND 09-027-21-34- 0049. J. ADOPT RESOLUTION NO. 08-212 GRANTING A VARAINCE TO GARAGE SIZE REQUIREMENTS TO ALLOW A GARAGE ADDITION AT 6836 POINTE PLACE SOUTH. K. PASS ORDINANCE 850 AMENDING FEES FOR 1) UTILTIIES, 2) GOLF COURSE, 3) ICE ARENA, 4) LICENSES/PERMITS, 5) BUILDING/CONSTRUCTION PERMITS, 6) MECHANICAL/PLUMBING PERMITS, 7) STREET LIGHTING, 8) CITY RIGHTS- OF-WAY, 9) PUBLIC SAFETY, 10) PARKS AND RECREATION, 11) SPRING CLEAN-UP, 12) SIGN COSTS, AND 13) LAND USE/DEVELOPMENT EFFECTIVE JANUARY 1, 2009; AND ADOPT RESOLUTION NO. 08-213 AUTHORIZING PUBLICATION OF THE ORDINANCE BY ESTABLISHING THESE FEES BY TITLE AND SUMMARY. L. ADOPT RESOLUTION NO. 08-214 TO CERTIFY DELINQUENT UTILITY BILLS TO THE PROPERTY TAX ROLLS FOR PAY 2009. M. APPROVE THE PURCHASE OF A SQUAD CAR CAMERA SYSTEM FROM L3 COMMUNICATIONS — MOBILE-VISION, INC. FOR A TOTAL PURCHASE PRICE OF $159,922.84. N. AUTHORIZE THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION TO CONTINUE THEIR MEMBERSHIP WITH THE LEAGUE OF MINNESOTA HUMAN RIGHTS COMMISIONS. O. ADOPT RESOLUTION NO. 08-215 AUTHORIZING THE ACCEPTANCE OF THE STATE OF MINNESOTA OFFICE OF TRAFFIC SAFETY'S GRANT AWARD UNDER THE OPERATION NIGHTCAP PROGRAM FOR $3,080.00 TO BE USED FOR OFFICER OVERTIME WAGES AND ENTER INTO AN AGREEMENT WITH THE STATE OF MINNESOTA. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSiJES None. PUBLIC HEARINGS None. 4 Regular Meeting — December 3, 2008 Cottage Grove City Council BID AWARDS None. UNFINISHED AND NEW BUSINESS A. 1) Consider aqprovinp a Planned Development Overlav (PDO) for the proqerties at 8490 and 8470 East Point Douqlas Road and 2) Consider approvinQ a conditional use permit and site plan review for the redeveloqment of the BP motor fuel station/convenience store with car wash The Community Development Director provided an overview of a Planned Development Overlay (PDO) plan for properties owned by Linn Investment Properties at 8490 and 8470 East Point Douglas Road, which currently include a gas station site and one with a second site with deed restriction. The site and architecture plans were displayed and reviewed in detail, and the Community Development Director reported on finro issues of discussion being exterior sales display and signage. Mayor Shiely asked what the advantage would be to have a PDO for the area. The Community Development Director said the property is tight in size and of an unusual shape and that it would be difficult to meet all standards, particular setbacks, without a PDO. He said City staff suggested the PDO process, which works for both the business and the City. Council Member Bailey inquired as to whether the City allows any electronic type signs related to gas pump prices, and the Community Development Director responded affirmatively, adding that Minnesota law mandates pricing display and commented on the practicality of doing so electronically. Council Member Bailey asked how Council could approve the PDO without understanding the electronic reader piece of the plan. The Community Development Director said current law wouldn't allow it without Council amending the sign ordinance but Council wouldn't be asked to consider action on an electronic reader likely before February. Mayor Shiely asked for clarification that the proposals on the table don't include the reader board but do include the exterior display piece. The Community Development Director stated that the request is for Council approval of the concept for the entire site. The property owners were then invited to address Council. Steven Linn, president of Linn Companies, said he was excited about the project and described the property's background, previously owned by Amoco and BP. He acknowledged the difficulty with deed restriction but also noted efforts made by staff, architects, and engineers to create a plan that incorporates significant improvements. In addition, he explained the reason for the PDO being difficulty to build on the outlot without it being part of the bigger project. He reassured Council that signage permits are not part of the current application but commented on the benefits and improved technology of electronic signs. 5 Regular Meeting — December 3, 2008 Cottage Grove City Council Mayor Shiely informed Mr. Linn that the current Council, following the recent election, will not be the one to vote on the reader board. Council Member Bailey commented that he is fine with the proposal but provided feedback, for future reference, that he is not against reader board signs but would not want to see scrolling and flashing ones and would like the Planning Commission to provide Council with comment in the future. MOTION BY GROSSKLAUS, SECONDED BY BAILEY, TO: ADOPT ORDINANCE NO. 851 APPROVING A PLANNED DEVELOPMENT OVERLAY (PDO) FOR THE PROPERTIES AT 8490 AND 8470 EAST POINT DOUGLAS ROAD. MOTION CARRIED 5-0. MOTION BY RICE, SECONDED BY LUDEN, TO: ADOPT RESOLUTION NO. 08-216 APPROVING THE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR THE REDEVELOPMENT OF THE BP MOTOR FUEL STATION/CONVENIENCE STORE WITH CAR WASH. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Mayor Shiely offered a reminder about the Holiday Train 5:30-6:30 p.m. on December 12 and commented that the pancake breakfast had been a success. Council Member Bailey announced the Cottage Grove Lions Santa Breakfast at the VFW 8 a.m. to 1 p.m. on December 7 as well as the upcoming event on December 14 at River Oaks. PAY BILLS MOTION BY GROSSKLAUS, SECONDED BY BAILEY, TO APPROVE PAYMENT OF CHECK NUMBERS 157921 TO 158043 IN THE AMOUNT OF $260,958.87. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN None. L Regular Meeting — December 3, 2008 Cottage Grove City Council WORKSHOP SESSION — CLOSED A. Citv Administrator PerFormance Review The Council adjourned at 8:32 p.m. to the Closed Workshop Session. ADJOURNMENT MOTION BY LUDEN, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT 9:30 P.M. MOTION CARRIED 5-0. RespectFully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc. 7