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HomeMy WebLinkAbout2001-05-16,MINUTES AGENDA COTTAGE GROVE CITY COUNCIL MAY 16, 2001 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 located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular Meeting promptly at 7:30 p.m. Open Forum and a portion of fhe Regular Meeting are televised LIVE, airing on Governmenf Channel 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS A. Historic Preservation Week Presentations. B. Public Works Week Proclamation. 3. APPROVAL OF MINUTES A. April 18, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Public Safety, Health and Welfare Commission of December 12, 2000, January 9, 2001, February 13, 2001 and March 13, 2001. B. Consider authorizing issuance of a bingo hall license renewal for Phoenix Partners to operate a bingo hall at 8200 Hadley Avenue, effective August 1, 2001 through July 31, 2002. Staff Recommendation:Adopt a resolution authorize issuance of the license renewal conditioned on compliance with all state and local regulations relating to gambling. During the required background check by the Public Safefy Department, no facts were found that would constitute denial of fhe permit. MAY 16, 2001 AGENDA Cottage Grove City Council C. Consider authorizing issuance of a temporary on-sale 3.2% beer license to the Cottage Grove Jaycees for the Great Grove Get Together on June 9, 2001. Staff Recommendation:Authorize issuance of the permit contingent on compliance with conditions outlined in Caron Stransky's memo dated 5/9/01. The temporary permit would be effective on the day of the event, in a fenced area of Kingston Park. During fhe required background investigation of the applicant, no facts were found fhat would constitute denial of the application. D. Consider approval of a conditional use permit to expand the school use and a site plan review to allow construction of a field house and other improvements at Park Senior High School. Staff Recommendation:Adopt the resolution approving the conditional use permit to expand the school use and a site plan review to allow construction of a�eld house and other improvements at Park Senior High Schoo/. E. Consider authorizing an insurance premium contribution of$8,355.00 for the Cottage Grove Athletic Association for June 1, 2001 to June 1, 2002. Staff Recommendation:Authorize the contribution. The City of Cottage Grove has a long history of contributing a portion of the Athletic Association's insurance premium. The amount requested this year is significantly lower than in past years. F. Consider approving the authorization for preparation of the plans and specifications for the Hidden Valley 10th Addition development project and the installation of a trunk storm sewer outlet pipe for the regional Hidden Valley Ponds. Staff Recommendafion:Adopt the resolution authorizing preparation of the plans and specifications for the Hidden Valley 10th Addifion development project and the installafion of a trunk storm sewer outlet pipe for the regiona/Hidden Valley Ponds. **G. Consider authorizing issuance of an outdoor event permit application to Demori's Restaurant and Lounge to conduct an outdoor dance on Saturday, June 9, 2001. Staff Recommendation:Aufhorize issuance of the permit contingent upon conditions recommended by the Public Safety, Health and Welfare Commission at their May 8, 2001 Meeting. ***H. Consider authorizing Park Grove Electric to make emergency repairs to the lighting system at Lamar Ballfields. Sfaff Recommendation:Authorize allocafion from Council contingency in the amount of$8,800 to effect emergency repairs to the Lamar Fields lighting system. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Hold public hearing to amend the resolution granting variances to the minimum setback requirements for the Metropolitan Council Environmental Services wastewater treatment facility at 9211 110th Street. Consider approval of the site plan review of the proposed improvements to the Southeast Regional Wastewater Treatment Plant at 9211 110th Street. Staff Recommendation: Open public hearing and hear public comment. Adopt Resolution amending Resolution No. 99-191, approving a condifional use permit and variances, and adopt Resolution approving a site plan review for the proposed 15 mgd. Southeast Regional Wasfewater Treatment Plant. 7. BID AWARDS MAY 16, 2001 AGENDA Cottage Grove City Council 8. UNFINISHED AND NEW BUSINESS *A. Crystal Village Development Proposal: i. Consider application to rezone property from R4 to PUD for proposed mixed-use development, Crystal Village, to be located at the southwest corner of 70th Street and Keats Avenue. Staff Recommendation:Pass Ordinance rezoning property. ii. Consider application of preliminary plan for Crystal Village and site plan review, which includes 38 town homes and a neighborhood shopping center. Staff Recommendation:Adopt Resolution approving preliminary plat and site plan witK variance. iii. Consider approval of a conditional use permit for a motor fuel station to be located at the mixed-use development at 70th Street and Keats Avenue. Sfaff Recommendation:Adopt Resolution approving conditional use permit. **B. Consider adopting an ordinance amending Title 9-11-5, Requirements in Single-Family Residential District, relating to setback requirements for pools. StaffRecommendation:Adopt the ordinance amending Title 9-11-5 relating to pool setback requiremenfs. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 118622 to 118839 in the amount of $907,532.08. 12. WORKSHOP SESSION — OPEN TO PUBLIC 13. WORKSHOP SESSION — CLOSED TO PUBLIC ****A. Personnel Matter. ADJOURNMENT * Contains Supplemental Information ** Packet Item Submitted 5/14/01 *** Packet Item Submitted 5/15/01 **** Packet Item Submitted 5/16/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL May 16, 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 Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Not Present: Council Member Pat Rice 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 Public Safety Director Jim Kinsey said he would like to share with the Council a recent 911 call that was handled by one of his dispatchers. He explained that the call involved a six-year old girl who had come home from school to find her mother unresponsive. He stated that the child had recently learned about 911 in school and played a tape of the communication between the dispatcher and the child for the Council. He explained that it was a very serious situation and had the child waited for a parent to come home, her mother may have died from a diabetic reaction. Kinsey commended Kathy Buss, the lead dispatcher who handled the 911 call, for a job well done. Council Member Kohls acknowledged that Cottage Grove has a wonderful police department and paramedics. Mayor Shiely noted that tonight was Public Safety Director Kinsey's last meeting with the Council. She acknowledged the wonderFul job he has done for the City and she stated that he would be missed. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, May 16, 2001, at the Cottage Grove City Hall, 7516 80'h Street South. Mayor Shiely called the meeting to order at 7:30 p.m. Regular Meeting—May 16, 2001 Cottage Grove City Council Page 2 ROLL CALL Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Rod Hale Not Present: Council Member Pat Rice 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 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA Mayor Shiely amended the agenda and added 13A, Closed Workshop. She stated the workshop will involve a personnel issue and will be closed to the public. MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED. 4-0. PRESENTATIONS Mayor Shiely stated this is an exciting and wonderful week and announced the following events in the City of Cottage Grove: A. Historic Preservation Week Presentations Mayor Shiely stated that Cottage Grove is one of the oldest and most historic communities in the State of Minnesota. She read aloud the Historic Preservation Week Proclamation stating the week of May 13- 19, 2001 to be Historic Preservation Week in the City of Cottage Grove. Robert Vogel, Historic Preservation Officer, announced that this year's recipient of the Preservationist of the Year Award is the South Washington Heritage Society. He reviewed their history and the unique role they play in the community. He acknowledged their accomplishments in educating visitors and residents noting a monthly lecture series that they have sponsored to bring people in touch with the extraordinary history of the area. Mayor Shiely and the Council presented the Preservationist of the Year Award to the South Washington Heritage Society. Shiely commended the group for their outstanding work in bringing the history of Cottage Grove to the public and thanked them all for their contributions. Regu/ar Meefing–May 16, 2001 Cottage Grove City Council Page 3 Mayor Shiely referenced the plaques displayed in the Council Chambers noting they are new additions to City Hall and introduced Robert Vogel, stating he would provide a history of the plaques that capture the names of all the people who have served the City of Cottage Grove. Robert Vogel stated this came out of an idea to commemorate people who have served local government. Mr. Vogel stated the plaques bear the names of the individuals who have served the City of Cottage Grove. He explained the changes in how the communities were governed and noted that elected officials have been meeting in Cottage Grove since 1858. He stated that the plaques would be displayed in the main entrance area of City Hall. Mr. Vogel thanked the five members of the Advisory Committee—Gary Golusky, Kip Sundgaard, Keith Kleinsasser, Gten Brown and Mickey McBride. He also thanked three ex-officio members, Herb Japs, Diane Fredrickson and Donna Reynolds. He stated that three of the individuals were appointed in 1990 noting they have only had four vacancies on this Commission over the last ten years. Mayor Shiely thanked the Historic Preservation Advisory Committee for all of their contributions. B. Public Works Week Proclamation Mayor Shiely stated that National Public Works Week is May 20-26, 2001 adding that in honor of this national event, the City of Cottage Grove proclaims this week as Public Works Week in Cottage Grove. Council Member Wolcott stated the Public Works Week formally recognizes the Public Works employees for their great work and dedication. He read aloud the proclamation to the Council and residents of Cottage Grove announcing the week of May 20-26, 2001 as National Public Works Week in the City of Cottage Grove. Mayor Shiely expressed her thanks to the Public Works Department and acknowledged the wonderful job that they do. APPROVAL OF MINUTES The minutes of the April 18, 2001 Regular Council Meeting were approved as presented. CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY HALE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION OF DECEMBER 12, 2000. B. ADOPT RESOLUTION NO. 01-057, A RESOLUTION APPROVING THE RENEWAL APPLICATION OF PHOENIX PARTNERS OF COTTAGE GROVE FOR A BINGO HALL LICENSE. Regular Meeting—May 16, 2001 Cottage Grove City Counci! Page 4 C. AUTHORIZE ISSUANCE OF A TEMPORARY ON-SALE 3.2% BEER LICENSE TO THE COTTAGE GROVE JAYCEES FOR THE GREAT GROVE GET TOGETHER ON JUNE 9, 2001. D. ADOPT RESOLUTION NO. 01-058, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO EXPAND THE SCHOOL USE AND A SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A FIELD HOUSE AND OTHER IMPROVEMENTS AT PARK SENIOR HIGH SCHOOL, 8040 80T" STREET SOUTH. E. AUTHORIZE AN INSURANCE PREMIUM CONTRIBUTION OF $8,355.00 FOR THE COTTAGE GROVE ATHLETIC ASSOCIATION FOR JUNE 1, 2001 TO JUNE 1, 2002. F. ADOPT RESOLUTION NO. 01-059, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR HIDDEN VALLEY 10T"ADDITION DEVELOPMENT PROJECT AND THE INSTALLATION OF A TRUNK STORM SEWER OUTLET PIPE FOR THE REGIONAL HIDDEN VALLEY PONDS OUTFALL PROJECT. G. AUTHORIZE ISSUANCE OF AN OUTDOOR EVENT PERMIT APPLICATION TO DEMORI'S RESTAURANT AND LOUNGE TO CONDUCT AN OUTDOOR DANCE ON SATURDAY, JUNE 9, 2001. H. AUTHORIZE PARK GROVE ELECTRIC TO MAKE EMERGENCY REPAIRS TO THE LIGHTING SYSTEM AT LAMAR BALLFIELDS IN THE AMOUNT OF $8,800.00 TO BE ALLOCATED FROM COUNCIL CONTINGENCY. MOTION CARRIED. 4-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE. PUBLIC HEARINGS A. Hold Public Hearing to Amend the Resolution qranting variances to the minimum setback requirements for the Metropolitan Council Environmental Services Wastewater Treatment Facility at 9211 — 110`h Street Mayor Shiely stated the Metropolitan Council Environmental Services (MCES) is requesting site plan review approval for the South Washington County Wastewater Treatment Plant improvement project. The MCES is also requesting that the Council amend their variance relative to the 10-foot minimum front and side yard structural setback requirement. Shiely noted that staff recommends approval of the request. Community Development Director Kim Lindquist stated the Planning Commission reviewed this item at their April meeting. She stated that in 1999 the Council reviewed and approved a conditional use permit for the wastewater treatment facility but required that the site plan come before the Council at a later date. Lindquist reviewed a list of issues important to the City, including storm water ponding, bluff restoration, tree mitigation and ensuring consistency with the overall plan. She stated the buildings continue to be within the general footprint of the site as seen in 1999. She stated this Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 5 information is included in the packet provided to the Council for their review. Lindquist stated they believe they have come to an agreement with DNR, MCES and the City on what will occur. Community Development Director Lindquist noted several trees were removed for the project stating they had preliminary numbers about tree mitigation that was based on the tree replacement ordinance and the money allocated for tree replacement. She stated that in 1999 there was discussion regarding a credit for the bluff restoration and the work as part of the replacement monies and that is how they determined the dollars allocated towards planting trees in the critical areas. She stated they have not re-analyzed the numbers given the changes. Community Development Director Lindquist stated they have before them a recommendation that the Staff continue to work with the DNR and the Metropolitan Council on this issue. She stated that they do expect some increase in the dollars and that the money would go directly into tree plantings. She reviewed the planting areas with the Council. She stated that, as part of the approval, they are requesting direction from the Council. Community Development Director Lindquist stated they would provide the Council with the plan and continue to update informally versus going through this formal process. Community Development Director Lindquist stated the second issue is the variance amendment. She stated that since the Planning Commission review, the Metropolitan Council has requested a change from the 1999 approval to allow a 5-foot setback for retaining walls on the north and west side of the site. She stated this does not impact the bluff sides of the property. She stated the 1999 approval required a 10-foot setback for structures noting all buildings would continue to maintain a 10-foot setback. She stated that because the retaining walls are so large staff wanted to clarify the walls would have a lesser setback than the buildings. She referred the Council to the revised Resolution, Item 6a and reviewed the amendments noting it does not change the conditions. Mayor Shiely opened the Public Hearing at 7:58 p.m. Mayor Shiely asked if anyone from the audience would like to address this issue. Mayor Shiely closed Public Hearing at 7:59 p.m. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 01-060, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A 15 MGD SOUTHEAST REGIONAL WASTEWATER TREATMENT PLANT WITHIN AN I-3, HEAVY INDUSTRY ZONING DISTRICT, AND VARIANCES TO TITLE 11-11-4, DEVELOPMENT STANDARDS; AND TITLE 11-15-8, DEVELOPMENT REGULATIONS OF THE MISSISSIPPI RIVER CORRIDOR CRITICAL AREA OF THE CITY CODES FOR PROPERTY LOCATED AT 9211-110r" STREET. Council Member Hale asked for clarification on the letter recently received from the DNR. He stated it references the recommendations of the Watershed District and asked if they had been incorporated. Community Development Director Lindquist explained that the DNR was asked to review two issues, the variance amendment and the temporary office trailer parking area. She stated the Watershed District issues are related to that storage area and is a part of the grading permit. She explained the intent of the grading and stockpile operation to the Council. Community Development Director Lindquist noted this is close to the ravine and they are recommending some fencing and berming. She stated it is not included in the application and explained that they would make the watershed conditions a part of the grading permit. Regular Meeting—May 16, 2001 Cottage Grove City Council Page 6 Council Member Kohls asked if they are planting seedlings or more mature trees in the areas designated for bluff restoration and tree mitigation. Community Development Director Lindquist clarified the areas designated for bluff restoration stating that this has changed from what they originally saw in 1999. She stated they have not gotten to any level of detail on the plant size and the tree mitigation plan, however the tree sizing is straight out of the ordinance. MOTION CARRIED. 4-0. Consider A�proval of the Site Plan Review of the Proposed Improvements to the Southeast Regional Wastewater Treatment Plant at 9211 — 110'h Street. Mayor Shiely stated this request is to consider the approval of the site plan review for the construction of the wastewater treatment facility at 9211 — 110th Street. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 01-061, A RESOLUTION APPROVING A SITE PLAN REVIEW FOR THE PROPOSED WASTEWATER TREATMENT PLAN, 9211 — 110T" STREET SOUTH. Mayor Shiely stated that when they first worked with Craig Christiansen on the siting of the waste treatment facility, there was discussion around the possibility of having trails or a park type amenity in the area. She asked Community Development Director Lindquist if this has been discussed. Lindquist asked Craig Christiansen to address these issues. Craig Christiansen, Project Manager, Metropolitan Council Environmental Services, stated they have a tour path on the plant site but do not have anything that goes off to the 3M properties to connect to the local City paths. MOTION CARRIED. 4-0. BID AWARDS NONE. UNFINISHED AND NEW BUSINESS A. Crystal Villaqe Development Proposal Mayor Shiely stated this proposal is divided into three parts. She stated the first item to be considered is the application to rezone the property from R4 to PUD for a proposed mixed-use development, Crystal Village, to be located at the southwest corner of 70`h Street and Keats Avenue. Community Development Director Lindquist stated there is a revised resolution of approval and ordinance for Crystal Village. The City Attorney recommended some revisions to the documents so that they include findings of fact, which have been added to the second page. She stated all other portions of the documents remain unchanged from the information packet the Council has already received. Regular Meeting—May 16, 2001 Cottage Grove City Council Page 7 Consider Approval of a Zoniny Amendment to Change the Zoniny from R-4 Low Density Residential to PUD Planned Unit Development for the Proposed Mixed-Use Development. Crystal Villaqe, to be Located on the Southwest Corner of 70�' Street and Keats Avenue. Community Development Director Lindquist reviewed the changes with the Council. MOTION BY KOHLS, SECONDED BY HALE, TO ADOPT ORD/NANCE NO. 695, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING THE ZONING FOR THE PROPERTY ON THE SOUTHWEST CORNER OF 70T" STREET AND KEATS AVENUE FROM R-4 TO PUD. Community Development Director Lindquist stated that Tollefson Development, Inc., is requesting approval of a mixed-use development with 38 townhouse units. She reviewed the development plan and proposal with the Councit. She stated the Planning Commission reviewed the applications on March 26 and April 23, 2001. She stated there has been significant neighborhood discussion about various aspects of the project. She reviewed the main areas of concern adding that the developer has made some modifications to the plans. She stated that the site has been brought into compliance with minimum ordinance standards adding that the Planning Commission recommended approval of the application requests. She stated Staff is also recommending approval of the applications. City Attorney Thomson explained that staff has asked what the parameters are that the Council has to make decisions on this evening. She stated there are three issues: rezoning, the preliminary plat and site plan approval, and the conditional use permit. She stated that the legislature, through State Statutes and the Courts, through Appellate Court decisions, has placed some boundaries on what decisions can be made by the City Council. She stated that the City has more discretion in reviewing an application for rezoning than it does the other two issues before the Council. Thomson advised that in 1995, the State Legislature began to require that in the metropolitan area all zoning be in compliance with the Comprehensive Plan. She stated that if the proposal is consistent with the Comprehensive Plan, the law suggests the City Council would approve the rezoning. She emphasized to the Council that it is important for them to spell out the reasons for their decision. City Attorney Thomson reviewed the zoning and conditional use permit with the Council. She clarified the rezoning issues and the Council's ability for discretion in their approval. She stated it must be reasonable and in compliance with the Comprehensive Plan. Mayor Shiely acknowledged the residents in the audience who would like to speak on the issues and reminded them that a Public Hearing has already been held on this subject adding that the Council is interested in hearing what they have to say on the issues. Mayor Shiely stated she would first like the developer to step forward and speak. Jack Clinton, Attorney representing Tollefson, Inc., reviewed the history and status of the property with the Council and residents. He stated that there are five items under consideration. Mr. Clinton stated that he along with Doc Bohlman, Vice President of Tollefson, Inc.; Russ Rosef, Architect; and Steve Cook, Forester, are present to assist in the discussion. Mr. Clinton stated the Goebels originally owned the property. He stated it was approved in the 1992 Comprehensive Plan as a mix of single-family residential, medium-density residential, and commercial. He stated that the 14-acre tract presented tonight was a part of the 1992 tract. He reviewed the history of plans that have been submitted noting the similarities. He identified the issues to be addressed: privacy fence, landscaping, the necessity of the finro lots designated for commercial Regular Meeting—May 16, 2001 Cottage Grove City Council Page 8 on the north and west portions to go through the entire PUD amendment process, and the second residential building noting that the historic preservation officer has requested photos and schematics of the building. Mr. Clinton stated this has been submitted and he did not expect anything further. He stated they have a purchase agreement on the property adding that they do not own the building. He stated Mr. Goebel sold the building and he can address any issues regarding the structure. Mr. Clinton stated the final issue is the canopy size and the name change for the project. He stated that the architect has determined the size requirements. Mr. Clinton expressed concerns around the strict limitations on the size. Doc Bohlman, Vice President, Tollefson, Inc., reviewed the issues outlined by Mr. Clinton. He stated these are issues brought forward today by the recent revisions in the application request. He stated they have not had very much time to think through or discuss the new changes. He referenced the fencing issue stating they do not want to fence in the project or neighbors moving into the townhomes. Mr. Bohlman stated that he drove through the area for examples of fencing and did not find any fenced areas similar to what is being recommended for this project. He noted the pine forest project as an example stating that this is the fourth phase of this project and the only difference is the change in developers. Mayor Shiely asked for clarification on the fencing issue as whether the issue is regarding the type of fencing the developer would be using or is it just an issue of fencing the area. Mr. Bohlman stated they would prefer not to fence their development. He stated the discussions with the Planning Department indicated that it was not the City's intention to fence in the project area. He referenced the sale of the property and reviewed the agreement they had with the Goebel's regarding the pre-existing fence. Mr. Bohlman stated there are backyard fences that need to be reconnected due to the removal of the fencing in the area. He stated that he was not sure of the location of the fencing and restated that they do not want to fence in their project. Mayor Shiely asked about the pond located on the property. Mr. Bohlman explained the ponding to the Council and reviewed the redesigns of the pond including placement. He stated that there is a regional pond further down stream that can handle the water quantity. He referenced the finro commercial lots stating that this is the first he had heard that this was not approved with the initial request. He stated that he was not aware of any issues and reviewed the engineering plans with the Council. Mr. Bohlman stated that it all works and is in compliance. He stated this proposed condition of approval was in direct response to neighborhood concerns. He referenced the map and reviewed the access roads and changes in the retail zone with the Council. Mr. Bohlman stated that he wants to make sure he has full reasonable use of his property. He stated they are establishing the pads through the PUD process. He reviewed the controls and agreed to broad architectural control with the City. Mr. Bohlman asked the Council to allow his commercial PUD to continue as requested. He reviewed the landscaping issues with the Council and stated that they are being asked to over plant the property. He expressed concerns that, assuming the City removes the fencing issue from the equation, over planting will result in the same kind of problems they are having with the triple spruce at the northwest end of the property. Steve Cook, Cook Co. Inc, forestry consultant, stated that there is an issue in planting spruce trees as outlined in the project plan. He reviewed the areas intended for planting and stated there would be a duplication of the planting process. He reviewed his recommendations for the spacing of the spruce trees, noting it will be over planted based on the plans submitted. He referenced the area of spruce trees presently having trouble noting the loss of needles, dryness, fungus, and stress. He stated this Regu/ar Meeting—May 16, 2001 Cottage Grove City Council _ Page 9 is all due to the over planting of the trees. Mr. Cook reviewed the planting requirements for various tree sizes with the Council and stated the larger the tree, the more time it takes for it to reestablish the root system before it begins normat growth. He stated that the plan requires 6 to 8-foot spruce adding that the client has already purchased the trees and is ready to plant. He stated that this size tree would be able to establish its root system sooner than a full-grown tree. Community Development Director Lindquist clarified they are not recommending planting trees 6-foot to 8-foot on center. Mr. Bohlman presented the current landscaping plan for review with the Council. He reviewed the type of plant life that is being proposed for the area and stated that the size of the tree will make a difference in the amount of time it takes to reestablish and begin regular growth. He acknowledged the need to place trees for screening purposes stating they would use the fuller trees for this purpose. He agreed with the idea of regrading the pond to save the black locust trees adding that this would be his preference. Mr. Bohlman asked the Council to approve this change so he could save the trees. He recommended using a responsible landscaping plan to provide privacy versus fencing in the area. Mayor Shiely asked Mr. Bohlman if there were any further issues to discuss. Mr. Bohlman asked if it would be possible to come to a consensus tonight or whether the Council would like to table the issue tonight for further discussion. Mayor Shiely asked if he would be willing to move this discussion to the first meeting in June. Mr. Bohlman asked if it would be possible to schedule this for discussion as a part of a workshop scheduled for next week. He expressed his concerns stating it would cause considerable delays if they have to wait until the June 6th meeting. Mr. Bohlman referenced the brick work stating that Community Development Director Lindquist clarified the requirements for the additional treatments to the back of the commercial building. He stated that they should be able to work things through with staff. Mr. Bohlman reviewed the architectural design changes for the brickwork. He stated that the City has changed their request. He discussed the issues with brick fascia and reviewed photographs of the homes in the neighboring areas. Mr. Bohlman stated that none of the homes have brick on the back or sides of their homes. He stated his reason for showing the photographs is to point out his effort to give the townhomes the same look and appearance as the other homes in the area. He suggested the inconsistencies in appearance could create resale problems in the future and emphasized the need to be consistent in the design of the homes in the area. Mr. Bohlman stated he would like to rename the project to give the project their brand name in addition to a local flavor. He stated the project name is presently Crystal Village but the neighbors prefer the more local flavor and suggested Cedar Village. He stated that Mr. Vogel suggested Almar Farms in memory of the horse farm that resided on the property. He stated that they are willing to change the name of the project but noted the expenses that would be involved. He stated that he and City Administrator Schroeder discussed the expenses and they would agree to the change if they could receive reimbursement for the expenses. He suggested a $4,500 credit to their$55,000 park fee. Council Member Hale asked Mr. Bohlman to clarify the name change issue. He stated that he had suggested a name change that did not have any corporate affiliation. Council Member Hale stated Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 10 that the first time he had met Mr. Bohlman, he was left with the impression that Mr. Bohlman was not concerned with the naming issue, but now he is hearing concerns from Mr. Bohlman. Mr. Bohlman stated he did not mean to present a different story and reviewed the issues around the renaming of the project. Mayor Shiely acknowledged the residents in the audience and asked for their patience, as the Council would like to call for a short break in the meeting. Mayor Shiely called a break at 9:08 p.m. Mayor Shiely resumed the meeting at 9:25 p.m. and invited the residents to speak. Brett Zimmer, 7173 Joplin Avenue South, stated that this project is falling below standards in the design and that he would like to help the City Council understand how this design is below standards. He stated that this design is well beyond a neighborhood convenience as outlined in the Comprehensive Plan. He referenced the video from the workshop re-stating his understanding of the City's view on what constitutes a neighborhood convenience. He reviewed the design requirements stating that the PUD process should allow for a clean start. Mr. Zimmer stated that Mr. Bohlman has not been doing much of the giving and thanked the City for acknowledging the compromises. He stated that it is under the Council's power, under the PUD process, to make this right. He referenced the fence issue stating that it has nothing to do with tying fences or privacy. It is a safety issue. Mr. Zimmer stated that the purpose of the discussion tonight is to come to a compromise that would be acceptable to everyone. Matt Gates, 7324 Jorgensen Avenue South, stated that this development, as a PUD, essentially creates a second business district. He stated this is not his understanding of what the Council wanted for this project. He stated that in his opinion the application for rezoning should be denied. Keith Homer, 7232 Jordan Avenue, presented a neighborhood petition signed by 217 residents. He explained to the Council that this petition represents the opinions of the neighbors stating that a retail area of this size is not something they want in their neighborhood. He stated that they chose to live in this area because of the quality of life it offers. Mr. Homer stated that this strip mall is not a part of that quality of life. He acknowledged the neighborhood meetings and discussions with Mr. Bohlman stating that all requests made to him were denied except for complaints that would bring him into compliance. He referenced the holding pond on the property stating that it is a safety issue with the small children in the area. He referenced a promise made by Mr. Bohlman to keep the fence and asked the Council to reconsider the zoning issues for this property. Mary Marty, 9905 Military Road, stated her support of the individuals in this neighborhood. She explained to the Council that she has lived in this area for a long time and acknowledged the changes she has seen in the area. She suggested that once the stores come into the area, vandalism would begin to present itself. Ms. Marty acknowledged the historical quality of the area stating that this proposal would take this away from the area. She asked the Council to take this into consideration as they make their decision. Dick Pederson, Cottage Grove Area Chamber of Commerce, referenced the listing received in the mail acknowledging the businesses in this area. He stated the Chamber supports the Council in their endeavors to bring new business to this community. It is the hope that the Council takes positive action and makes this project happen. He stated that most do not appreciate it until you have it. He Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 11 stated that this project would be a plus to the community and referenced the fact that Cottage Grove invites developers and businesses to consider the City but when they do come in to begin a project, the reaction is one such as this. He stated the Chamber would like to see the Council move forward with this project. Jim Brunett, 9585 72nd Street South, referenced a petition of people from the area who support this development stating that his neighborhood has been waiting for quite some time for a center such as this. He acknowledged the feelings of the neighbors who live next to this development and acknowledged that he may feel the same way if he lived next to it. Mr. Brunett stated that this is something they need and it is an upscale project that we can be proud of. Bryan Teats, 7219 Joplin Avenue South, stated that he does not believe Cottage Grove needs another piva restaurant or gas station. He suggested they consider a commercial site that brings job opportunities to Cottage Grove. Mayor Shiely stated the Council is concentrating on job creation and acknowledged the need to build up the industrial areas of Cottage Grove. She stated that is one of the difficulties in getting restaurants into the City. Deanna Hurley-Bennett, 7245 Jordan Avenue South, stated that there have been several valid points made this evening. She reviewed the Almar Farms map and acknowledged that Mr. Bohlman stated this has been on the plans, but nothing on a map that she displayed shows commercial for this area. She referenced the Chamber of Commerce newsletter noting that Mr. Bohlman is listed as a member of the Chamber adding that his business is not currently located in Cottage Grove. Tammy Barboni, 7212 Jordan Avenue South, stated that her property borders the south side of the development and there is a heavy emphasis on the south side of the property, specifically the townhomes. She stated her back yard faces the properties and car lights from the traffic reflect into her living room. She referenced the elevation of the area stating that a 6-foot fence would not do much to protect from the traffic lights. Ms. Barboni suggested a higher berm or larger trees might do a better job of screening. She acknowledged the references to new businesses stating that she is not fighting the development, but just wants it to be smart. She suggested more of a transitional phasing process and urged the Council to consider all the issues and how the development fits and doesn't fit. Karen Butcher, 7233 Jordan Avenue South, acknowledged the discussions regarding aesthetics and expressed her concerns regarding safety and the increase in traffic. She asked the Council for the results of the traffic study done in the area adding that this had been requested at the public hearing. Ms. Butcher stated that when the discussion was tabled it was with the understanding that it would be included in the next discussion. She stated this did not happen and they would like to know what the results were from the study. Community Development Director Lindquist referenced the consulting firm that was retained by the developer to do the traffic study. She stated that they did review the traffic flow and traffic increase, and the results do agree with the previous staff projections and were found to be reasonable. She stated that they do not expect a large increase in traffic for the area. She stated that this project would not require signalization and the County is also looking at a traffic study that is related to Military and off 70`h Street. Council Member Kohls expressed concern regarding traffic. She stated that the study done by the consultant appeared contradictory with respect to the details. She reviewed the results stating that Regu/ar Meefing—May 16, 2001 Cottage Grove City Council Page 12 they did not foresee any of the cut-through traffic. Council Member Kohls referenced the signalization issue stating that the consultant states in the study that people would find it easier to make a U-turn at the future signals. She questioned if the City would want to encourage U-turns at that busy intersection. Council Member Kohls stated the study did not take into consideration peak hours of traffic or�the construction on Highway 61. She stated that they are proceeding without having accurate information. She asked who is responsible to pay for traffic signals. City Administrator Schroeder stated it would depend on who owns the intersection legs, noting they are both presently County roads. Council Member Kohls reviewed information with the Council that identified what she believes are inconsistencies in the project. She referenced a video of a workshop the Council attended with the EDA and the Planning Commission. She stated that the discussion involved neighborhood commercial centers and it took place prior to the Comprehensive Plan. Council Member Kohls stated that the video is edited down to five minutes adding that you can clearly hear her state her understanding of the Plan. She stated that her reasons for passing the Comprehensive Plan were based on what her understanding was from this workshop. She stated that this plan does not meet her understanding of the Comprehensive Plan. She stated that she is not happy with the scale of the commercial plan and there are several things she dislikes. Council Member Kohls stated that she understands the legal requirements of the project but she does not agree with the scale. She acknowledged the discussions and neighborhood issues and acknowledged that most of the issues have been addressed. Council Member Kohls stated she is willing to make a motion to deny the application as presented but would be willing to approve the PUD as presented by the staff. She stated this is based on the changes she reviewed adding that they are more in compliance with the Comprehensive Plan. City Attorney Thomson clarified that such a motion by Council Member Kohls is not to approve the application as presented by the applicant, but to approve it as it was presented to the Council this evening. Council Member Kohls asked Community Development Director Lindquist to address the concerns of the resident from the south side. She asked if their concerns are being addressed and if not, how can they be addressed. Community Development Director Lindquist stated that the Fire Department requires the hammerheads for emergency turnaround space. She stated that they could ensure that the placement of the landscaping is at the end of the drive and would block the traffic lights. She referenced Item 10 which could be amended to include landscaping in the south. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-0. City Attorney Thomson stated that prior to the break, Council Member Kohls asked her for a list of reasons for the resolution regarding the rezoning. She stated these would be additional reasons. Thomson stated Council Member Kohls asked her if they had to legally deny the application as it is presented and what the safest approach would be. Thomson suggested they deny as presented with written reasons for doing so, but to approve as modified by the Council, which includes the written reasons. City Attorney Thomson reviewed the additional reasons with the Council noting the inconsistencies with the Comprehensive Plan. Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 13 Council Member Kohls explained the reasons for the denial noting the legal implications. Mayor Shiely asked how they would go about retrofitting those reasons into the approval. City Attorney Thomson stated they could motion to adopt the reasons. Council Member Hale stated he does not understand why they are doing this. He stated that they approved the PUD based upon the staff report and recommended conditions. He stated that it shows that if he doesn't comply with these requirements, he will not get the PUD. Council Member Hale stated this is contingent upon compliance with all requirements, which is a good way to do it. He stated the applicant would not get the PUD if he does not comply with all of the requirements. City Attorney Thomson stated that Council Member Hale is correct. She clarified that this is only a list of the reasons and the intent is to add clarification to the application. Council Member Hale stated the first motion was to approve the PUD but he has no objection to adding this list to the motion on the floor as part of the clarification. Council Member Wolcott confirmed this was also his understanding. City Attorney Thomson acknowledged that the Council has approved the PUD. She stated the list of reasons is for clarification. Thomson acknowledged that one could view this as denial of the application as it is and approval of the application with changes. City Attorney Thomson stated the only thing the list states to the Council is that they provide reasons for the rejection of the application specifically as it was presented. Council Member Hale stated it is a concern if the Council has to go through this every time they have an application presented to them. He acknowledged the amount of time the staff and applicant have spent making this application work. He stated he is satisfied with what staff has done and if they want to add a list of reasons that would be fine. Council Member Hale stated that having to document the reasons why would set a precedent that will create more work for the staff with future requests. Mayor Shiely expressed her agreement with Council Member Hale. Jack Clinton asked for clarification of Lots 2 and 4 of Block 1. He stated that he understands the requirements with the PUD process. He stated a need to clarify if they are going to be lots of record. City Attorney Thomson reviewed the status for the two sites as platted lots, and stated any further development on these sites would require an amendment to this PUD. City Administrator Schroeder expressed his concern regarding the list stating that these two lots are not in compliance or conformance with the Comprehensive Plan is perhaps not accurate. He recommended an additional review of traffic impacts and other considerations as they relate to the specific use of the pads to ensure compliance with the traffic study. He stated it should be reviewed based on the specific use of these two lots. City Attorney Thomson clarified that they are not changing the approval in any way. She said they are just stating the additional reasons for adopting the resolution. She asked City Administrator Schroeder to clarify his suggestion to review. Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 14 City Administrator Schroeder stated that all he is asking is if these two lots are in compliance with the Comprehensive Plan that a review be done based on the specific use of the two lots. City Attorney Thomson reviewed Council Member Kohls' reasons again with the Council for clarification purposes. She stated that once the initial project is in they would be in a better position to determine the size and impact of this development to adjacent properties. City Attorney Thomson stated they would have more information to review and evaluate. Mayor Shiely clarified her understanding that it will not give the Council the capability to deny. Mr. Clinton stated that the first three items in the condition of approval regarding the finro lots apply to all normal building codes and if all three requirements are met, they should be able to go forward with the application. City Attorney Thomson clarified that what is being required is that any substantial change must be applied as an amendment and will go before the Council. Council Member Hale stated that he likes the process they presently have in place to review resolutions. He acknowledged Council Member Kohls' concerns and expressed his respect for her willingness to express her personal feelings. Council Member Kohls stated she could accept this and suggested they move forward adding that it could have legal ramifications in the future. Council Member Hale expressed his concerns regarding the list and added that he was comfortable with adding it but did not feel that it was necessary. Council Member Wolcott expressed his agreement with Council Member Hale. Mayor Shiely asked if they would like to withdraw the motion to amend by including the list. City Attorney Thomson stated that they could withdraw the motion stating that if the Council as a whole does not have to agree. She stated it would go forward with Council Member Kohls' concerns attached to the motion. City Administrator Schroeder asked if they were under a time constraint and if they could take this discussion further. He stated that part of the Council is uncomfortable with some of what is being discussed and this discomfort will continue. He stated this could be enhanced if this they re-drafted the ordinance and brought it back to the Council. City Attorney Thomson stated it is not necessary to bring this back to the Council. She stated a motion has been made and reasons have been presented. She stated that she could re-draft it if that is what they would like. Mayor Shiely acknowledged that this is not the end of the discussion. She stated that due to the meeting being televised and the need for further discussion, they would move forward. Regu/ar Meeting—May 16, 2001 Cottage Grove Cify Council Page 15 City Attorney Thomson stated that this does not change the action that was taken. She stated that each member may have different reasons for the action they took noting this list is only Council Member Kohls' reasons for her decisions on the issue. Consider A�proval of a Preliminary Plat for Crystal Village and the Site Plan Review with Variance of a Mixed-Use Development. Which Includes 38 Townhomes and a Neighborhood Shoppinq Center. MOTION BY HALE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 01-062, A RESOLUTION APPROVING THE PRELIMINARY PLAT AND SITE PLAN REVIEW WITH VARIANCE FOR CRYSTAL VILLAGE. MOTION CARRIED. 4-0. Consider Approval of a Conditional Use Permit for a Motor Fuel Station to be Located at the Mixed- Use Development at 70th Street and Keats Avenue. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 01-063, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ONE MOTOR FUEL STATION CONVENIENCE STORE AT THE PROPOSED CRYSTAL VILLAGE PLANNED DEVELOPMENT TO BE LOCATED ON THE SOUTHWEST CORNER OF 70T" STREET AND KEATS AVENUE. MOTION CARRIED. 4-0. Mayor Shiely thanked the staff for all their work on this issue and acknowledged the residents. She noted this is a learning process and referenced other areas that they will be looking at for the same type of development. B. Consider Adopting an Ordinance Amending Title 9-11-5, Requirements in Single-Family Residential District, Relating to Setback Requirements for Pools Community Development Director Lindquist stated the City modified the accessory structure ordinance regulations some time ago. At the time, staff did not modify the setbacks relating to pools as found in Title 9. She stated pools are considered an accessory structure and currently an inconsistency exists between the regulations found in Title 9 and Title 11. The proposed ordinance amendment brings Title 9 into compliance with the zoning ordinance by referencing the accessory structure requirements. She stated that for the most part, urban residential lots have 6-foot side yard setbacks and either 10 or 15-foot rear yard setbacks. She stated Staff recommends adopting the proposed ordinance. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT ORD/NANCE NO. 696, AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, AMENDING TITLE 9-11-5 REQUIREMENTS IN SINGLE-FAMILY RESIDENTIAL DISTRICT. MOTION CARRIED. 4-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE. COUNCIL COMMENTS AND REQUESTS NONE. Regu/ar Meeting—May 16, 2001 Cottage Grove City Council Page 16 PAY BILLS Finance Director Hedberg stated the City Engineer has requested that check#118802 to S. R. Weideman Inc. in the amount of$69,681.69 held pending the resolution of a dispute over work performed. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE PAYMENT OF CHECK NUMBERS 118622 TO 118839 TOTALING $907,532.08. MOTION CARRIED 4-0. Mayor Shiely called for a break at 10:34 p.m. She stated a Workshop would follow the break to discuss a personnel issue and is closed to the public. WORKSHOP SESSION -OPEN NONE WORKSHOP SESSION -CLOSED A. Personnellssue MOTION BY WOLCOTT, SECONDED BY KOHLS, TO CLOSE THE MEETING. MOTION CARRIED. 4-0. Present: Mayor Sandy Shiely Council Member Cheryl Kohls Council Member Jim Wolcott Council Member Ron Hale Absent: Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Corrine Thomson, City Attorney, Kennedy and Graven The Council met in closed session, pursuant to the open meeting law, to receive an update from the City Administrator on personnel issues. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 4-0. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY HALE, TO ADJOURN THE MEETING AT 10:50 P.M. MOTION CARRIED 4-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secretarial, Inc. Caron M. Stransky City Clerk