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HomeMy WebLinkAbout2001-05-02 MINUTES AGENDA COTTAGE GROVE CITY COUNCIL MAY 2, 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 located on each audience chair in fhe 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, buf must limit remarks to two (2) minufes. Open forum will adjourn to fhe Regular Meefing promptly at 7:30 p.m. Open Forum and a portion of fhe Regular Meeting are felevised 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 3. APPROVAL OF MINUTES 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Parks, Recreation and Natural Resources Commission of February 12, 2001. ii. Parks, Recreation and Natural Resources Commission of March 12, 2001. iii. Public Works Commission of March 12, 2001. iv. Planning Commission of March 26, 2001. B. Consider accepting donations in the amount of$675 on behalf of the Public Safety, Fire and Recreation Departments for the 8th Annual Youth Safety Camp. Staff Recommendation:Adopt a resolution accepting the donafions from State Farm Insurance Company, Northern States Power Company, Cottage Grove Estates, Cottage Grove Dairy Queen, and Ed's Trophies. MAY 2, 2001 AGENDA Cottage Grove City Council C. Consider adopting a resolution accepting a grant from Community Youth Connection and Community Education Advisory Council in the amount of$450 to assist in covering expenses to hold a Haunted House to be put on by the Recreation Department and Teens in Action. Staff Recommendation:Adopf fhe resolution accepting the grant. D. Consider adopting a resolution accepting a grant from Community Youth Connection and Community Education Advisory Council in the amount of$250 to assist in covering expenses for the "Spring Celebration". Staff Recommendation:Adopt the resolution accepting the grant. E. Consider adopting a resolution accepting a grant from Community Youth Connection and Community Education Advisory Council in the amount of$475 to assist in covering expenses for the U-Lead and U/R programs put on by the Recreation Department. Staff Recommendation:Adopt the resolution accepting the grant. F. Consider adopting a resolution designating City Administrator as Personnel Officer, delegating power to appoint, discipline and terminate certain employee positions, repealing Resolution No. 01-030. Staff Recommendation:Adopt the resolufion. This resolution adds fhe position of Building Inspector to the positions listed in Exhibit A. G. Consider ratifying the election of Chris Willhite as Chairperson of the Planning Commission for a one-year term. Staff Recommendation:Ratify the election of Chris Willhite as Chairperson of the Planning Commission. H. Consider adopting the resolution approving a variance from critical area bluff setback requirements to allow construction of an in-ground pool on the property at 11931 Lofton Avenue South. Staff Recommendation:Adopt fhe resolution. This action was direcfed by the City Council at their April 18, 2001 Meeting. I. Consider adopting the fee resolution to increase water and sanitary sewer connection charges. Staff Recommendation:Adopf the fee resolufion. J. Consider approval of a 2001 Bargaining Unit Agreement with Clerical Bargaining Unit. Staff Recommendation:Approve fhe agreement. This agreement covers wages and insurance for 2001. K. Consider approval of an interim conditional use permit to allow a seasonal outdoor greenhouse at Menards, 9000 East Point Douglas Road. Staff Recommendation:Adopt the resolution approving an interim conditional use permit allowing a seasonal outdoor greenhouse af Menards. **L. Consider the appointments of AI Boche and Eddy Wuorenma to the Parks, Recreation and Natural Resources Commission to serve finro-year terms ending February 28, 2003. Staff Recommendation:Approve the appointments. **M. Consider adopting a resolution authorizing execution of a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, relating to funding for mobile data computers, in the amount of$83,600.00. Staff Recommendation:Adopt the resolution authorizing execution of a granf agreement relating to funding for mobile data computers in the amount of$83,600.00. The City Council authorized staff to pursue this funding at the March 21, 2001 City Council Meeting. MAY 2, 2001 AGENDA Cottage Grove City Council 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS 7. BID AWARDS 8. UNFINISHED AND NEW BUSINESS A. Consider adopting an ordinance amending Section 2-1-6 of the City Code regarding commission absences. Staff Recommendation:Adopt the ordinance. This ordinance adds language pertaining to excused and unexcused absences from commission meetings. B. Consider adopting the final 2001-2006 Capital Improvements Plan. Staff Recommendafion:Adopt the final 2001-2006 Capital Improvemenfs Plan. C. Consider authorizing acquisition of utility and ponding easements over certain real property by eminent domain proceedings to extend public utilities to the proposed elementary school in the West Draw area. Staff Recommendation:Adopt the resolution authorizing acquisition of utility and ponding easements over certain rea/property by eminent domain proceedings to extend public utilities to the proposed elementary school in the West Draw area. **D. Consider entering into an agreement with the United States Postal Service regarding municipal fees and charges for the new Annex Postal Facility in the City of Cottage Grove. Staff Recommendation:Authorize the Mayor and City Adminisfrafor to enter into the agreement. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 118450 to 118621 in the amount of $777,763.14. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Proposed Changes to Personnel Policy. **B. Recruitment Update. **C. Comprehensive Plan. 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 4/30/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL Ma y 2, 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 finro (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 Jim Kinsey, Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Corrine Thomson, City Attorney, Kennedy and Graven Michelle Wolfe, Assistant City Administrator No one appeared under Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, May 2, 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 Council Member Rod Hale Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Jim Kinsey, Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Corrine Thomson, City Attorney, Kennedy and Graven Michelle Wolfe, Assistant City Administrator Regular Meeting—May 2, 2001 Cottage Grove City Council Page 2 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Council Member Kohls requested a change in the order of items under the workshop session. She asked that Item C, discussion of the Comprehensive Plan be moved forward to Item A due to the possible length of the discussion. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA, AS AMENDED. MOTION CARRIED 5-0. PRESENTATIONS APPROVAL OF MINUTES CONSENT CALENDAR Mayor Shiely noted a correction needs to be made regarding Item L, the appointment term dates. She stated the end date for the appointment of AI Boche should read February 28, 2002 and the end date for the appointment of Eddy Wuorema should read February 28, 2003. MOTION BY HALE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF FEBRUARY 12, 2001. ii. PARKS, RECREATION AND NATURAL RESOURCES COMMISSION OF MARCH 12, 2001. iii. PUBLIC WORKS COMMISSION OF MARCH 12, 2001. iv. PLANNING COMMISSION OF MARCH 26, 2001. B. ADOPT RESOLUTION NO. 01-047, A RESOLUTION ACCEPTING DONATIONS FROM STATE FARM INSURANCE COMPANIES ($275), NORTHERN STATES POWER COMPANY ($250), COTTAGE GROVE ESTATES ($100), CGDQ, INC. DBA COTTAGE GROVE DAIRY QUEEN ($25), AND ED'S TROPHIES, INC. ($25) FOR COTTAGE GROVE'S 8T" ANNUAL YOUTH SAFETY CAMP. C. ADOPT RESOLUTION NO. 01-048, A RESOLUTION ACCEPTING GRANT FROM COMMUNITY YOUTH CONNECTION (CYC) AND COMMUNITY EDUCATION ADVISORY COUNCIL (CEAC) TO ASSIST IN COVERING EXPENSES TO HOLD A HAUNTED HOUSE TO BE PUT ON BY THE CITY OF COTTAGE GROVE RECREATION DEPARTMENT AND TEENS IN ACTION. D. ADOPT RESOLUTION NO. 01-049, A RESOLUTION ACCEPTING GRANT FROM COMMUNITY YOUTH CONNECTION (CYC)AND COMMUNITY EDUCATION ADVISORY COUNCIL (CEAC) TO ASSIST IN COVERING EXPENSES FOR THE "SPRING CELEBRATION" PUT ON BY TEENS IN ACTION, THE CITY OF COTTAGE GROVE RECREATION DEPARTMENT AND GUARD OUR YOUTH. Regular Meeting—May 2, 2001 Cottage Grove Cify Council Page 3 E. ADOPT RESOLUTION NO. 01-050, A RESOLUTION ACCEPTING GRANT FROM COMMUNITY YOUTH CONNECTION (CYC) AND COMMUNITY EDUCATION ADVISORY COUNCIL (CEAC) TO ASSIST IN COVERING EXPENSES FOR THE U-LEAD AND U/R PROGRAMS PUT ON BY THE CITY OF COTTAGE GROVE RECREATION DEPARTMENT. F. ADOPT RESOLUT/ON NO. 01-051, A RESOLUTION DESIGNATING CITY ADMINISTRATOR AS PERSONNEL OFFICER, DELEGATING POWER TO APPOINT, DISCIPLINE AND TERMINATE CERTAIN EMPLOYEE POSITIONS, REPEALING RESOLUTION NO. 01-030. G. APPROVE APPOINTMENT OF CHRIS WILLHITE AS CHAIRPERSON OF THE PLANNING COMMISSION FOR A ONE-YEAR TERM. H. ADOPT RESOLUTION NO. 01-052, A RESOLUTION GRANTING A VARIANCE FROM CITY CODE TITLE 11-15-8C, MISSISSIPPI RIVER CORRIDOR OVERLAY DISTRICT BLUFF LINE SETBACK REQUIREMENTS, TO ALLOW CONSTRUCTION OF A SWIMMING POOL 29.6 FEET FROM THE ESTABLISHED RIVER BLUFF LINE AT 11931 LOFTON AVENUE SOUTH. I. ADOPT RESOLUTION NO. 01-053, A RESOLUTION ESTABLISHING FEES FOR 2001, INCREASING WATER AND SANITARY SEWER CONNECTION CHARGES, REPEALING RESOLUTION NO. 01-012. J. APPROVE A 2001 BARGAINING UNIT AGREEMENT WITH CLERICAL BARGAINING UNIT. THIS AGREEMENT COVERS WAGES AND INSURANCE FOR 2001. K. ADOPT RESOLUTION NO. 01-054, A RESOLUTION APPROVING AN INTERIM CONDITIONAL USE PERMIT TO ALLOW A SEASONAL OUTDOOR GREENHOUSE AT MENARDS, 9000 EAST POINT DOUGLAS ROAD SOUTH. L. APPOINT AL BOCHE TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION TO SERVE A TERM ENDING FEBRUARY 28, 2002. APPOINT EDDY WUOREMNA TO THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION TO SERVE A TERM ENDING FEBRUARY 28, 2003. M. ADOPT RESOLUTION NO. 01-055, AUTHORIZING EXECUTION OF A GRANT AGREEMENT RELATING TO FUNDING FOR MOBILE DATA COMPUTERS BY THE COTTAGE GROVE POLICE DEPARTMENT. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARINGS BID AWARDS UNFINISHED AND NEW BUSINESS Regular Meeting—May 2, 2001 Cottage Grove City Council . Page 4 A. Consider Passage of Ordinance Amending Section 2-1-6 of the City Code regardina Commission Absences. Mayor Shiely stated that during the April 4, 2001 workshop session, the City Council discussed the existing rules on Board and Commission member absences and the City Attorney recommended amending the City Code. MOTION BY HALE, SECONDED BY RICE, TO PASS ORD/NANCE NO. 694, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, AMENDING TITLE 2-1-6 OF THE COTTAGE GROVE CITY CODE REGARDING COMMISSION ABSENCES. MOTION CARRIED 5-0. B. Consider Adopting the Final 2001-2006 Capital Improvements Plan. Mayor Shiely stated consideration is requested to adopt the 2001-2006 Capital Improvements Plan (CIP) as distributed at the April 18th meeting. Council Member Kohls stated she met with the Finance Director and the City Administrator. She commented that her concerns have been addressed. She noted the CIP is a work plan that is open for discussion and stated that next year it was her hope that the Council would receive more information on the operating budget at the same time they look at the Capital Improvements Plan. Mayor Shiely stated that she appreciated the information from Finance Director Hedberg, noting the intent to look at the long-term debt more closely in August. Mayor Shiely referencing the finance report, noted the warning regarding State funding and the potential for changes. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT THE FINAL 2001-2006 CAPITAL IMPROVEMENTS PLAN. MOTION CARRIED 5-0. C. Consider Authorizing Acquisition of Utility and Ponding Easements Over Certain Real Property by Eminent Domain Proceedin�s to Extend Public Utilities to the Proposed Elementary School in the West Draw Area. Mayor Shiely stated this is a request to consider authorizing acquisition of utility and ponding easements over certain real property by eminent domain proceedings in order to extend public utilities to the proposed elementary school in the West Draw area. Community Development Director Lindquist reviewed the proposal. She stated on January 17, 2001, the City Council approved the construction of a new elementary school to be located within the West Draw. She stated at that time it was acknowledged that the site did not currently have access to public utilities and that they would need to be extended to the site. She stated the approved school site is located off of 65�' Street South. Lindquist stated that the two properties are being looked at for development in the near term noting it is unclear when applications will be received. She explained that by waiting for development of the two properties it could delay the ability of the school to be ready for use in the fall of 2002. She stated the school's timeline for completion is May 1, 2002 noting the District is interested in having sewer and water to the site prior to that date. Regular Meefing—May 2, 2001 Coftage Grove City Council Page 5 Lindquist stated that Staff has been talking to the school district and met with the property owners who may be impacted by the utility extension. She suggested that in order to facilitate the District's timeline, staff is recommending the start of eminent domain proceedings. She stated that this would ensure that the City has the necessary easements for utility construction. She stated that staff would continue to work with the affected property owners so that easements can be obtained. Council Member Hale stated eminent domain is the fairest way for the public to gain property as this establishes a very fair market price for both parties. He stated the City is also assured that they are not paying more or having to pay for property that is being used for public use. He stated the property owner is also assured they get the best price for their property. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-056, A RESOLUTION AUTHORIZING ACQUISITION OF UTILITY AND PONDING EASEMENTS OVER CERTAIN REAL PROPERTY BY EMINENT DOMAIN PROCEEDINGS TO EXTEND PUBLIC UTILITIES TO THE PROPOSED ELEMENTARY SCHOOL IN THE WEST DRAW AREA. MOTION CARRIED 5-0. D. Consider Enterinq into an Aqreement with the United States Postal Service Regardina Municipal Fees and Charges for the New Annex Postal Facility in the City of Cottage Grove. Mayor Shiely stated this is a request to consider entering into an agreement with the United States Postal Service regarding municipal fees and charges for the new Annex Postal Facility in the City of Cottage Grove. She stated that staff is recommending authorization to enter into an agreement with the United States Postal Service denoted as the storm water detention/retention pond agreement regarding municipal fees and charges. City Administrator Ryan Schroeder commented that as parcels are developed within the community, developers, builders and end users are required to pay area charges, connection fees and dedication fees to the City for storm water, water, sanitary sewer, street lights and parks. In development of the United States Postal Service (USPS)Annex Postal Facility, the USPS has taken the position that they are not subject to these fees. They take this position in that the federal government is exempt from all taxes and they perceive these fees as taxes or payments in lieu of taxes. He stated a compromise has been worked out. He stated the agreement wraps all issues together. He stated staff worked with the USPS and CC Technologies to reach a compromise between the two parties that is reasonable and will continue to work in a positive fashion. He stated they are recommending approval of the agreement. Council Member Wolcott asked if the USPS paid for a building permit. He acknowledged the difficult position the City is in and expressed his frustration that the USPS felt they were in a position to dictate to the City leaving the City with no control. City Administrator Schroeder responded that the USPS did not pay a fee for the building permit. He stated the USPS corporate took the position that the federal government is exempt from all taxes and that they see the fees as a tax or a payment in lieu of taxes. He stated he did not find many examples where the USPS paid the fees. City Attorney Corrine Thomson confirmed there is no question that the USPS is exempt from payment of real estate taxes. She stated the dispute in this case is whether the area connection charges were, under federal law, taxes even though they are not designated as taxes under Minnesota State law. She stated the USPS took the position that the charges were taxes and therefore did not have to pay. She stated she made inquiries with other cites to see how they Regular Meeting—May 2, 2001 Cottage Grove City Council Page 6 handled similar situations, noting she did not locate any city where the USPS paid area or connection charges. She did find two instances where the USPS paid sewer availability charges to the Metropolitan Council and also one where they paid SAC charges to the Metropolitan Council for the federal courthouse. She stated the USPS argued that the payments were not due to a court determination, stating it could have been a clerical error. She acknowledged City Administrator Schroeder's work in the negotiation process. Mayor Shiely asked if an example could be found where the USPS pulled a building permit in a community. She asked if they are impacted by City Code and Zoning regulations. City Attorney Thomson stated she had not looked into issues regarding building permit fees. She stated she had looked only for sewer, water and area charges. She confirmed that because it is a sovereign, the federal government is not required to comply with local zoning laws. She stated there is a federal statue that directs federal agencies to cooperate and attempt a resolution. She stated they do this by engaging in discussion with the Staff noting they can put a federal office anywhere they choose. She stated the Post Office has eminent domain and clarified that the federal government does not have to pay special assessments. Council Member Hale asked if they have eminent domain and if the USPS was assessed for the street improvements. City Attorney Thomson stated she did not know the answer to what was done historically noting it is clear that the federal government does not have to pay special assessments. Council Member Wolcott stated this is not right. He acknowledged that City Administrator Schroeder did a good job with the negotiations. He also acknowledged that the City is subsidizing the USPS. He asked if, when the USPS purchased the property, whether they paid for the assessments. City Administrator Schroeder responded the USPS did not pay the assessments. He stated that at the time of the purchase agreement, the USPS paid the property owner a price that was enough to provide the property owner the ability to pay the assessments. He stated had staff known ahead of time, they would have caused a subdivision of the property for the property owner to provide for the fees and charges. Council Member Hale asked if the USPS pay the commercial rate for water and sewer. City Administrator Schroeder responded that the USPS are charged the commercial rate and affirmed that they do pay for water and sewer services. Mayor Shiely stated it was difficult to find any advantages to locating this type of facility in the community. City Administrator Schroeder stated some of the advantages include the jobs it provides, it is a nice facility, and the industrial customers will notice a higher level of service. MOTION BY RICE, SECONDED BY KOHLS, TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES POSTAL SERVICE.DENOTED AS THE STORM WATER DETENTION/RETENTION POND AGREEMENT REGARDING MUNICIPAL FEES AND CHARGES. MOTION CARRIED 5-0. Regular Meeting—May 2, 2001 Cottage Grove City Council Page 7 RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS COUNCIL COMMENTS AND REQUESTS Council Member Hale stated he had two items to comment on. He stated the City is now entering the fourth week of flood conditions in Cottage Grove and on behalf of those who were inconvenienced by the flood and acknowledged the Fire Department and Public Works for providing aid to the residents. He stated they have finro ways to access the island, by way of the bridge and by the causeway. He suggested the City look into the possibilities of raising the causeway portion in the future. He suggested allocating the gravel taxes from the aggregate business to put towards providing a solution to the flood issues. He also referenced FEMA and other organizations suggesting they may create a permanent solution on the fill portion versus changing the height of the bridge or redo the causeway. He stated they have experienced five floods in the last 35 years noting that three have been in the last eight years. He offered his assistance for direction to the City from a Council perspective. He reminded the Council and residents that this week is the City's Spring C►eanup. Council Member Wolcott expressed his agreement in putting in a couple more culverts and to raise the road noting this is a good time to do it as the roads will be requiring repair due to the water damage. City Administrator Schroeder stated they did not come to this meeting prepared to discuss this issue noting that both Public Safety and Public Works have discussed this issue. He stated they are of the opinion that some portion of the resolution should be FEMA eligible. He stated they do want to take a preliminary look at what can be approved and what the potential costs will be. He stated his concern that the DNR could restrict a lot of the changes. He stated he would look into it noting the consensus of the Council on this issue. Council Member Kohls thanked Council Member Hale for bringing up his concerns as it ties into an issue she would like to raise. She stated she would like a discussion in the near future regarding City policy for severe weather emergencies and how neighborhoods could be assisted. She stated we are now heading into storm season and referenced a large neighborhood that was affected by the severe weather last year stating they had difficulty getting help for removal of debris. Mayor Shiely stated she agreed with City Administrator Schroeder and Council Member Hale noting she shares the same concerns regarding the river corridor issues. She referenced the Grey Cloud Island neighborhood stating there were finro disasters over the weekend. She stated high winds over the weekend caused the sandbag dikes to tip and some homes did start to take on water. She noted the derailment of a train near Hastings. The railroad used the site behind the homes in River Acres for cleanup, a 24-hour operation. She thanked the residents for their tolerance noting the railroad had not notified the residents or the City. She requested that the City send a letter to the railroad stating that the City would appreciate some form of communication with the neighbors and immediately with City staff during situations like this. Mayor Shiely stated the City's Spring Cleanup would be this weekend, Saturday, May 5, 8:00 a.m. to 4:00 p.m., and Sunday, May 6, 10:00 a.m. to 4:00 p.m. She reviewed the types of material that would be accepted and fees. She encouraged residents to participate. Mayor Shiely stated she received several phone calls relating to people with concerns about large vehicles parked in the yards that restrict views. She assured the residents that the Nuisance Ordinance Task Force was addressing issues such as this noting they are public safety hazards. Regular Meeting—May 2, 2001 Cottage Grove Cify Council Page 8 Mayor Shiely asked staff to extend invitations to the Mayor and City Councils of Woodbury, St. Paul Park, and Newport to meet at Kingston Park, at 12:30 p.m. on Saturday, June 9th for a Bocce Ball Challenge. PAY BILLS MOTION BY RICE, SECONDED BY WOLCOTT, TO APPROVE PAYMENT OF CHECK NUMBERS 118450 TO 118621 TOTALING $777,763.14. MOTION CARRIED 5-0. Mayor Shiely stated they would now move to the Workshop session noting it is open to the public. She stated the workshop involves a discussion of the Comprehensive Plan, a recruitment update and a discussion of proposed amendments to City's Personnel Policy. Mayor Shiely called a 10-minute break at 8:07 p.m. She opened the Workshop at 8:24 p.m. WORKSHOP SESSION —OPEN � C. Workshop - Com�rehensive Plan Mayor Shiely opened the discussion of the Comprehensive Plan. City Administrator Schroeder stated at the last Council meeting, a request was before the Council for implementation of zoning actions to bring land parcels into compliance with the Comprehensive Plan. He stated this item was tabled for further discussion and a workshop was scheduled for this evening to facilitate the discussion. He stated it was his understanding that they did not have concerns regarding any rezoning except in the West Draw. He stated no other parcels would be addressed in this discussion. He referenced the information packet that was provided to the Council for their review and reviewed the development timing, values, densities, sewer capacities and impacts for the proposed urban development within the West Draw. Mayor Shiely stated she was not clear on the urban reserve designation issue and asked for further clarification. She stated it was her understanding that it meant it would be in reserve for future development in approximately 10 to 20 years, not now. She asked why we would bother with urban reserve designation, why not R-2.5 noting it is a staging and timing issue more so than a development issue. Council Members Hale, Kohls, Wolcott, and Rice responded in agreement with City Administrator Schroeder's understanding of the issues to be discussed. Community Development Director Lindquist stated that staff is proposing the rezoning to bring property zoning into compliance with the Comprehensive Plan. She stated the areas designated for rezoning are the areas brought into the MUSA under the latest Comprehensive Plan approval. She stated these areas were previously designated for urban reserve noting that the property would be slated for future urban development. She stated the properties proposed for the rezoning to the R- 2.5 are the properties within the West Draw Task Force report that were designated for urban development. She reviewed with Council the issues raised from the original discussion and negotiated with the Metropolitan Council. Council Member Hale asked for clarification of future land use. He asked why the property couldn't remain in the urban reserve, noting other undeveloped areas already within the MUSA do not have Regular Meeting—May 2, 2001 Cottage Grove City Council Page 9 development plans on the table. He asked if it would be more appropriate to target these areas first. Lindquist stated the areas referenced by Council Member Hale were omitted from urban development because of topography. She stated utility extensions are the main issue for each area. Lindquist reviewed the undeveloped areas referenced by Council Member Hale. She stated each area is affected by the development phase and timing. Lindquist reviewed the phases and noted the water issues and access to utilities, sewer, and elevations. She stated extension of utilities to the school site would facilitate access to other areas in question. She stated Kramer sold to Shamrock Development, and Pulte is interested in the site. She stated they couldn't move forward until sewer is brought to the school. Council Member Hale asked about the eastern area, i.e. Kemp property and in the West Draw. He referenced the design and acknowledged the desire of the Council to encourage a variety of developers. He stated a single developer controls much of the property. He stated if they rezone now in the urban reserve area, would this encourage variety in design or if they keep it in urban reserve, would this further encourage a variety and allow the City to say no. Community Development Director Lindquist stated that GenStar has an option on the property noting this will provide variety and mix in the area. She referenced a conversation with City Administrator Schroeder to discuss possible solutions. She suggested two possible solutions: (1) The EDA could invite builders into the community showing them the areas that are being considered for development, provide them with information on the population and businesses. She stated having available land would be a draw for various builders. (2) The City could purchase the land and hold it until they find the developer and builder they want for that area. Council Member Hale expressed previously stated concerns noting the need to be aware of the sunken infrastructure costs and the ability to repay these costs without creating a burden on the taxpayer. He asked about Harkness Avenue noting it is presently rural residential and asked if this would be changing. He asked if this is any different than the 65th Street area where it remains urban unless presented with a petition to change. He noted the substantial amount of property that is reserved for rural. He confirmed with Mayor Shiely stating it was not intended to imply they were planning to expand. Mayor Shiely stated they are not looking to expand too much of the rural residential. Community Development Director Lindquist explained the reason the area is open noting the MUSA line as it relates to the sanitary sewer. She stated it is di�cult to decide what to do. She stated a need to know what people want to do with this area. She noted they are not proposing rezoning but wanted to be prepared. She noted a discussion has been held with the property owners regarding the change to rural residential zoning. Council Member Hale noted the majority of property at 65th in the western area opens field farmland stating that this is not in the critical area that has been designated. Mayor Shiely acknowledged John Auge of the West Draw Task Force and asked for his clarification on the Task Force designation for urban reserve. John Auge, West Draw Task Force, stated his understanding of this would be a transition area noting that when it was originally discussed, 2000 to 2010 seemed way off noting that in 2001 they are behind the pace intended originally. He stated that urban reserve is something they need to Regular Meeting—May 2, 2001 Cottage Grove City Council Page 10 address as development moves forward. He referenced the original dates stating the issue is appropriate timing. He acknowledged the need to understand the process noting that putting it off or doing it now will not detract from the development. Council Member Kohls referenced the future land use map and asked what the plans were for east of County Road 19. She asked for clarification of the zoning for the areas east of County Road 19 and of the timeframe, noting it was her understanding that it would be in the 2003 timeframe. She asked why the big push going north acknowledging it would eventually be east of County Road 19. Community Development Director Lindquist stated she was hoping for information from the Council on the timing. She stated the timing would be approximately 2003 for the update of service for water and sanitary sewer. She stated the base information would be pulled together over the next year. She stated the Metropolitan Council would return to them before anything is brought into MUSA. She stated they have not finished the process yet as they are waiting for the Watershed District to make a decision. She stated the next step is to discuss phasing. She stated they will be interviewing property owners for their input and will develop a plan consistent with what the property owner's want in addition to utilities. City Administrator Schroeder stated one of the reasons for discussing the chronology was to serve as a reminder of how long this process does take. He stated the planning process would begin in 2002 for submittal to the Councit in 2003 for the eastern section of the City. He stated that administratively they do not want too many peaks and valleys in the planning process. He stated they are trying to keep an even flow in the development buildup noting this does not mean that it starts 8 to 10 years from now. He stated the planning begins ahead of the actual development by at least one to two years before building begins. Council Member Kohls asked how many housing units were used to calculate the financial factor. She stated her concern was that they are being driven by a financial factor. She stated they do not want to be in a position where the number of uniYs increases noting the numbers can be made up through housing values. She stated that as far as the timing issue and urban reserve, she reviewed various meeting notes and the explanations she found for urban reserve stated the intended length was 10 to 20 years. She referenced the difference in the West Draw Task Report. She stated density is an issue referencing the future land use map. She stated the density, buffering and transition of housing styles is an issue for the residents. She asked if a statement could be included stating that it is the policy to transition the range of density consistent with the surrounding land use pattern. City Attorney Thomson clarified that zoning ordinances do contain policy language that lays out the intent of a zoning district. She stated that performance standards are established in the zoning ordinances that govern what happens in a particular area. She stated that the Council has little discretion in the approval of plats. She stated that to implement this type of policy, the Council might need to make additional changes to the zoning ordinance and performance standards. She stated they might not be able to implement this policy without amending the ordinance. Council Member Hale stated they are making an assumption noting that everything south of 65th is basically, US Homes approved, the new school site, and Orrin Thompson on the east side. He stated the discussion should be restricted to just the western portion. He suggested that buffering for the rural area along Hadley be reserved when a plat comes in. He stated for park dedication that it would accomplish the same purpose as opposed to having a public hearing and rezoning strips of property. He asked how we could preserve the area on the east side to ensure this is rural. He stated the need to assure continuity and flow and suggested this be done as the plat comes in. Regular Meeting—May 2, 2001 Cottage Grove City Council Page 11 Council Member Kohls asked how this would be done. She stated park dedication along the boundaries would be wonderful noting this would be a lot of land that would require easements. She asked if it would be possible to make it a more formal policy that this is the Council's intent. Mayor Shiely stated that Council needs to say to the Staff that no matter what or when it comes in, buffering is a concern of the Council and it is a priority that needs to be addressed. She asked if there was a way to work into the ordinance a policy statement or some form of control that would make this process easier. She referenced several areas that will be affected by this issue. Council Member Wolcott stated he was not sure he would want a park dedication. He stated a planned unit development (PUD) is a tool that is not understood as well as it should be noting a number of things that can be done in a PUD that you cannot do through zoning. He expressed concerns over the park designation with respect to zoning noting that restrictions can be applied with a PUD that cannot be applied in zoning. Mayor Shiely expressed agreement with Council Member Wolcott and added her concerns regarding a PUD. She stated a read out of the PUD was done and asked for clarification on what they gave up and what the City gained. Council Member Kohls stated her agreement with Mayor Shiely. She stated the discussion is not about zoning PUD it is about zoning R-2.5. She stated they couldn't go into this assuming any flexibility noting this is one of her concerns. She stated right now it is a large rural estates area and they are looking at possibly the same density that is in the core of the City. She stated they need to be clearer in the intent that it is a transition to a buffer. She asked if by law a comprehensive plan is a land use suggestion and whether it supersedes zoning. She asked where it states you have to change the zoning. City Attorney Thomson stated the Comprehensive Plan is a guide plan for future development in the 10 to 20-year timeframe. She stated that within nine months to one year of adoption of the Comprehensive Land Use Plan, cities have to conform or make zoning ordinances consistent with any amendment to the Comprehensive Plan. She stated the City of Cottage Grove is a staged orderly development and it can be stated in the Comprehensive Plan to have the ability to stage timing of zoning through the language of the guide plan. Community Development Director Lindquist stated the zonings for commercial next to single family would have a greater setback requirement. She stated they could do the perFormance base in zoning, which could require greater setbacks. She asked if this is something that would seem reasonable and asked for clarification on what the Council was thinking in terms of lot sizes and setbacks noting that some areas may not be an issue City Attorney Thomson confirmed there is more flexibility with a Planned Unit Development (PUD). Community Development Director Lindquist stated the zoning is for 11,000 square foot Iots and the density is 1 to 4 units per lot. Finance Director Hedberg stated the calculation used was approximately 150 homes per year on average. Regular Meeting—May 2, 2001 Cottage Grove City Council Page 12 Community Development Director Lindquist stated in reference to timing, she had assumed the Council felt the West Draw would build out before moving to the east ravine. She stated she did not realize parallel development was happening. Council Member Kohls confirmed her understanding is correct stating she wanted to know the intent with no surprises. Community Development Director Lindquist referenced previous discussions and reviewed the utility issues with the Council. Council Member Hale clarified his statements regarding park designation noting it was not his intent to suggest a park for the area. He explained the process they used in a previous development that created an open space as a transition between a development and the buffering area. He asked if the verbiage highlights what was developed so far, noting the units per acre come out to 1.6. He asked if they could put the housing units into the Comprehensive Plan that would indicate the lot size. He noted a concern regarding the size of an acre. He stated he does not see a conflict in having a developed area next to a rural area. He stated he is in favor of creative solutions. Council Member Kohls expressed agreement with Council Member Hale's suggestion to change the number of units from 4 units per acre to 2 units per acre. She asked if the intent was to create a transition. Community Development Director Lindquist stated the City only has one urban land use guide noting the zoning ordinance tells what the size really is. She acknowledged that it would be lower than the 4 units per acre. John Auge, West Draw Task Force, stated the idea of R-2.5 was to have larger lots, therefore, less density. He stated this was the intention of the Task Force. Council Member Wolcott stated other zoning districts did do this noting the 7,500 square foot lots. He stated the West Draw created R-2.5 stating lot size has to be a minimum of 11,000. He acknowledged the good job they did. He stated they increased the minimum lot size and identified minimum width. He stated the City Council should never approve a PUD without noting what is the give and take. Mayor Shiely expressed her agreement with Council Member Wolcott. She expressed a concern that there will be a number of requests for PUDs to change the lot sizes. She stated they need to let Staff know that if a PUD is going to be considered it has to allow for some kind of buffering. She noted that Staff needs strong direction on this issue. Mayor Shiely acknowledged the variety of developers stating uniqueness of the area needs to be preserved. She expressed concerns that there will be only one development for the entire area noting the request for variety. She stated she was in favor of and strongly recommends an attempt to get other developers into the community. She suggested two issues be addressed: (1) implement or add a buffering policy, and 2) bring in other developers for a variety of developments. Council Member Hale responded to Mayor Shiely stating they should be able to see the difference suggesting an open field as opposed to areas of Woodbury that are ravine noting it is still rural in Cottage Grove. City Administrator Schroeder stated the Council knows what the Metropolitan Council's goals are noting it is at a rate of 3.1 units per acre. He referenced recent discussions with the Metropolitan Regular Meeting—May 2, 2001 Cottage Grove City Council Page 13 Council regarding this area and asked the Council to look at the density. He encouraged 3.1 units per acre referencing a number of developing suburbs where the subdivisions are greater than the 3.1 densities. He stated there are three PUD developments in this area that are allowing two units per acre. He stated this addresses the issue regarding gains for a PUD. Council Member Hale acknowledged City Administrator Schroeders' comments and added that park dedication as a concern. Mayor Shiely acknowledged those in the audience from this area and offered an opportunity to address the issue. Walter Lager, 7115 So. 65th Street, Cottage Grove, addressed the Council. He complimented the Council noting the spirit and good intent of the discussion. He provided the Council with photos of the Thompson property noting the access via the Rieman property. He referenced the platt maps noting the actual terrain of the area and the high value property. He stated it is good to hear discussion on buffer arrangements noting his concerns. He stated the photos were taken from the south end of his property looking out on the proposed Timber Ridge development. He referenced the two units per acre noting this is very prime property. He stated the terrain technically complies but much of it is not a buildable area. He stated that the terrain in the Thompson property is very similar noting the intent is to match the terrain with the value of the housing. He acknowledged that the discussion he heard tonight was the real intent to match the housing with the terrain. Robert Hudnut, 7145 65th Street, Cottage Grove, addressed the Council. He commended the Council and all for a good discussion. He stated he was happy to hear Mr. Auge speak up in favor of larger lot sizes. He acknowledged the suggestion of R-2.5 stating it is not necessarily the designation that needs to be made for this area. He referenced the Task Force report determinations with regard to lot width and setback requirements. He acknowledged the consensus of the Council regarding lot size, buffering, and gradation stating the increased open space is consistent with the West Draw Task Force recommendations. Tim Riemann, 6100 Hadley Avenue South, addressed the Council. He acknowledged the recommendation or proposal made to create a group that would include local residents and developers is a good idea. He stated he would be interested in being a part of the solution. He stated it is a democratic and equitable process and asked the Council to consider this option. John Auge, West Draw Task Force, 9486 71st Bay South, addressed the Council. He suggested looking at the history noting there is a vision for this process. He stated the West Draw Task Force Report was the vision. He reviewed the history of the Task Force and the implementation process. He stated they are in year five or six of the implementation, noting there are two Comprehensive Plan amendments later in the process. He recapped the thoughts expressed by the Council regarding the final stages of the implementation process and the zoning issues. He referenced the buffer issues noting each is unique and needs to be addressed case by case. He stated that the contiguous land can be a challenge and encouraged the Council to continue to work through these issues. He noted the clear intention of keeping these environmental areas preserved. Council consensus was to hold the next discussion at the first meeting of June. Mayor Shiely called a five-minute break at 10:02 p.m. Mayor Shiely opened the workshop at 10:08 p.m. B. Workshop - Recruitment Update Regular Meeting—May 2, 2001 Cottage Grove City Council Page 14 Assistant City Administrator Wolfe stated the intent of this workshop was to discuss two open positions, the Ice Arena Manager and the Public Safety Director positions. Ice Arena Manager Assistant City Administrator Wolfe stated they have interviewed two additional candidates for the Ice Arena Manager before they decided to pursue reference checks on the other candidates. She stated they have decided to step back and regroup to determine where to go from here. City Administrator Schroeder stated they have a variety of options available noting they can hire from within, re-advertise the position, or revisit the position. He suggested revisiting the position to verify that there isn't a structural issue with the job requirements. He stated he is not comfortable with the present candidate pool. He stated his second preference would be to re-advertise the position. He stated they are reporting to the Council that they are not able to make a recommendation for appointment from this past process. Council Member Hale stated he was involved in both interviews. He stated they need to be able to manage and handle the arena but also be able to give more direction to the Parks and Recreation group. He suggested making this position the Director of Parks and Recreation noting this would open the search to a wider group of candidates. He stated that based on the present job requirements and the candidate pool, they need a higher-level candidate. He stated they need to maintain emphasis on the management of the Ice Arena noting the need to upgrade the job and the responsibility. City Administrator Schroeder clarified that he and Council Member Hale differ on some of the duties. He stated he is presenting to the Council that they are not ready to make a recommendation. Council Member Wolcott referenced a discussion from a year ago. He stated he is comfortable with the Ice Arena Manager but he is not comfortable with upgrading it to a Director title. He stated it gives the impression that it is the head of a department noting that this would not be the case with this position. He asked that Staff come back with recommendations for a process moving forward. He expressed his concerns regarding the upgrade to a Director title stating it could elevate the salary. He stated the main focus should be as a Manager not a Director. Council Member Rice expressed his agreement with Council Member Wolcott. He acknowledged the interviews and asked Staff to regroup and come back with recommendations to move forward in the placement process. Council Member Kohls stated she has no comments. Public Safety Director Assistant City Administrator Wolfe stated the candidate information is private at this point in the process noting the need to consider the privacy issues. She stated they have eleven candidates. She reviewed the backgrounds, locations and salary range for the candidate pool and the position. She stated two of the candidates are internal and the remaining candidates are from outside the City. She reviewed the process for discussion acknowledging the request for a snap shot of the process. She reviewed the Staff process and the community panels that were utilized in the last hiring process. She asked if the Council wanted to move forward with this group of candidates Regular Meeting—May 2, 2001 Cottage Grove City Council Page 15 noting that four of the candidates are borderline minimum requirements. She stated the need for clarification on experience equivalents and reviewed the previous hiring process with the Council. Mayor Shiely asked the Council if they were comfortable with the same process that was used before. She asked if the Public Safety, Health and Welfare Commission could serve as the panel. Council Member Rice stated the Public Safety, Health and Welfare Commission was doing a great job noting they do want to be involved in the hiring process. Council Member Kohls stated she is comfortable with the previous hiring process. She expressed concerns regarding the extent of the Public Safety, Health and Welfare Commission's involvement in the hiring process and recommended others should be included that would provide gender and ethnic background as a part of the citizen committee. Council Member Wolcott stated he does not need an answer tonight stating he needs to know what the Staff plans are if a Chief is not appointed by the end of the month. He acknowledged the concerns with the Public Safety, Health and Welfare Commission's involvement in the hiring process. He stated his support for Council Member Kohls' suggestion and further added to include someone who has been in the Chief position before. He suggested a mix in the group with experience noting that gender and minority issues must be addressed. Assistant City Administrator Wolfe stated that there were three different panels used in the last hiring process. She recommended the same procedure for this position. She stated the panels included a Community Panel and a Public Safety Panel and reviewed the previous panel process and membership with the Council. Gary Kjellberg, resident of the City of Cottage Grove, suggested including citizens at large noting there would not be a bias and members from outside would be good. A. Workshop Discussion: Proposed Chanqes to Personnel Policv Assistant City Administrator Wolfe stated that given the hour and Council Member Hale's need to leave, she recommended scheduling a special meeting on May 23, 2001 to discuss the proposed changes to the personnel policy. She stated there are a number of issues that need more discussion. She asked the Council if there was more information they would like to see prior to the meeting. Council Member Kohls stated she would e-mail her comments. Mayor Shiely stated the Council was complimented in The Bulletin for televising the workshops. She stated the compliment was a surprise as she noted the reporter from The Bulletin usually does not stay for the workshops. She asked if all of the workshops are being televised in their entirety or does the length affect the slotted airtime. She stated the meetings have been aired with the full break time included in the airtime and suggested cutting out the Council breaks. Assistant City Administrator Wolfe stated if it does go beyond the slotted airtime the workshops get cut off. She stated they do try to schedule for the appropriate amount of airtime. Mayor Shiely closed the open workshop at 10:39 p.m. Regular Meeting—May 2, 2001 Cottage Grove City Council Page 16 WORKSHOP SESSION — CLOSED ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE MEETING AT 10:40 P.M. MOTION CARRIED. Respectfully submitted, , u,.P���"�/ Bonita Sullivan TimeSaver Off Site Secretarial, Inc.