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HomeMy WebLinkAbout2001-06-06 MINUTES r . � CITY OF COTTAGE GROVE JOINT WORKSHOP CITY COUNCIL AND PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION JUNE 6, 2001 6:00 P.M. AGENDA I. Discussion A. Goals B. Community Center C. Recreation Storage Buildings D. Trailway Plan AGENDA COTTAGE GROVE CITY COUNCIL JUNE 6, 2001 Persons wishing to address the Council during this meeting are asked to fill ouf 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 Meefing promptly at 7:30 p.m. Open Forum and a portion of the Regular Meeting are televised LIVE, airing on Government Channel 16. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk 1. ADOPTION OF AGENDA 2. PRESENTATIONS A. Certificate of Achievement in Financial Reporting. B. Great Grove Get-Together. 3. APPROVAL OF MINUTES A. May 2, 2001 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Parks, Recreation and Natural Resources Commission of April 9, 2001. ii. Planning Commission of April 23, 2001. B. Consider accepting a donation from Bonestroo, Rosene, Anderlik and Associates, Inc. in the amount of$250 on behalf of the Parks and Recreation Department for the Park Trust Fund. Staff Recommendation:Adopt a resolution accepting fhe donation. Bonesfroo, Rosene,Anderlik and Associates, Inc. provides engineering services for the City of Coftage Grove. JUNE 6, 2001 AGENDA Cottage Grove City Council C. Consider authorizing issuance of a single-occasion gambling permit to the South Washington Senior Center to conduct a raffle on October 12, 2001. Staff Recommendation:Authorize issuance of fhe permit conditioned on compliance with all state and local regulations re/ated to gambling. During the required background investigation by the Public Safety Department, no facts were found thaf would constitute a basis for denial of the permit. The raffle will be held at the District Program Center of the South Washington Counfy School District, /ocated at 8400 East Point Douglas Road. D. Consider authorizing issuance of a single-occasion gambling permit to the Cottage Grove Firefighters Relief Association to conduct bingo in connection with the Great Grove Get-Together. Staff Recommendafion:Aufhorize issuance of the permit contingent upon conditions outlined in Caron Stransky's memo dated 5/22/01. During the required background investigation by fhe Public Safety Department, no facts were found thaf wou/d constitute denial of the permit. The Great Grove Gef-Together will take p/ace in Kingston Park on June 9, 2001. E. Consider adopting a resolution accepting business donations of cash for the Great Grove Get Together Community Celebration. Staff Recommendation:Adopt the resolution. The donors were Custom One Homes by Mike Rygh; Treasure Island;Shamrock Liquor;Diane Crater, DDS;South Suburban Rental;Anchor Bank;Marathon Ashland Petroleum LLC;and HealthEasf. F. Consider adopting a resolution accepting citizen donations of cash for the Great Grove Get Together and the Cottage Grove Jaycees Community Celebrations. Staff Recommendation:Adopt the resolution. The donations year-to-date total$972.00. G. Consider approval of an amended resolution, which modifies the location of additional landscaping, for a conditional use permit to expand a non-conforming use to allow Sierra Mountain Express to construct a 60-foot by 27.6-foot modular building on CP Rail property at 9250 Ideal Avenue South. Sfaff Recommendation:Adopt the amended resolution, which modi�es the location of additional landscaping, approving the conditional use permit for Sierra Mountain Express. H. 1. Consider approval of the subdivision agreement befinreen Secure Properties, Inc. and the City of Cottage Grove for Hidden Valley 10th Addition. 2. Consider approving 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. J Staff Recommendation: 1. Approve the subdivision agreement for Hidden Valley 10th Addition. 2. Adopt the resolufion approving the plans and specifications for fhe Hidden Valley 10th Addition development project and the insfallation of a trunk storm sewer outlet. I. Consider approving Change Order#1 for the Highlands Development (2000 Pavement Management Project). Staff Recommendation:Approve Change Order#1. This change order is in the amount of $28,475 and covers the p/acement of draintile and connections to existing catchbasins on Idsen Avenue to correct subgrade drainage. J. Consider renewal of concession stand rental agreement contract between the Cottage Grove Ice Arena and the Cottage Grove Athletic Association. Staff Recommendation:Approve the newly proposed contract, which reflects a rent increase of 8.5%over the next two years. K. Consider authorizing issuance of an outdoor event permit to the Great Grove Get Together Committee for events to be held on June 9 and 16, 2001. Staff Recommendafion:Aufhorize issuance of the permit contingent upon conditions outlined in Mike Zurbey's memo dated 6/1/01. This permit applies to events he/d as a part of the 2001 Great Grove Get-Together. � JUNE 6, 2001 AGENDA Cottage Grove City Council *L. Consider approval of the final plat for Timber Ridge 1 st Addition, which will consist of 49 lots for single-family homes and 3 outlots to be located at 70th Street and Harkness Avenue South. Staff Recommendation:Adopt the resolution approving the�na/plat for Timber Ridge 1 st Addition. **M. Consider ordering an update of the feasibility reports for the Hardwood Corridor and Grove Plaza projects. Staff Recommendation:Adopt the resolution ordering an update of fhe feasibility reports for the Hardwood Corridor and Grove P/aza projecfs. **N. Consider adopting a resolution calling for a public hearing on adoption of tax increment financing district 1-12. Staff Recommendation:Adopt the resolution calling for a public hearing for August 15, 2001. **O. Consider authorizing an expenditure of$16,028.98 from the Council Contingency Fund for replacement of the Ideal Park warning siren, and receive recommendation for replacement of other warning system sirens. Staff Recommendation:Authorize the replacement of the/deal Park warning siren and receive the recommendation for other warning system siren rep/acements. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS A. Hold a public hearing and consider the nomination of the Lamar Avenue Larch Trees to the City Register of Historic Sites and Landmarks. Staff Recommendation:Hold the public hearing and adopt a resolution placing the Lamar Avenue Larch Trees on the Cify Register of Historic Sites and Landmarks. 7. BID AWARDS A. Consider adopting a resolution awarding bid for the 2001 Sealcoat Project to Pearson Brothers, Inc. in the amount of$121,904.25. Staff Recommendation:Adopt the resolution the awarding bid to Pearson Brothers, Inc., who submitted the lowest of four bids received. 8. UNFINISHED AND NEW BUSINESS A. Consider adopting the 2002 budget calendar. Staff Recommendation:Adopt the 2002 budget calendar. B. 1. Conduct a public meeting to receive public comment on the ordinance creating the storm water utility. 2. Consider the adoption of the ordinance creating the storm water utility. 3. Consider resolution adopting storm water utility rates and directing staff to complete the billing process for implementation in fall of 2001. Staff Recommendation: 1. Adopt ordinance creating the sform water utility. 2. Adopt the resolution adopting storm water utility rafes and directing staff to complete the billing process for imp/ementation in fall of 2001. *C. Crystal Village Development Proposal: i. Consider amended ordinance 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:Adopt amended Ordinance rezoning property. 4 � JUNE 6, 2001 AGENDA Cottage Grove City Council ii. Consider amended resolution approving preliminary plat, master development plan and site plan review for Crystal Village which includes 38 town homes and a neighborhood shopping center. Staff Recommendation:Adopt Amended Resolution approving preliminary plat, master development p/an, and site plan. iii. Consider amended resolution approving a conditional use permit for a motor fuel station to be located at the mixed-use development at 70th Street and Keats Avenue. Staff Recommendation:Adopt Amended Resolution approving condifional use permit. iv. Consider approval of the final plat for Almar Village, which was previously called Crystal Village. Sfaff Recommendation:Adopt the resolution approving the�nal p/at for A/mar Village, which consists of 39 lots for attached single-family homes, 4 commercial lots and 1 outlot. **D. Consider authorizing the City Administrator to contract with BRKW and Wilson Development Services for acquisition services regarding the 80th Street Redevelopment and Hardwood Avenue Realignment Projects. Staff Recommendation:Authorize the City Administrator to confract with BRKW and Wilson Development Services. ***E. Consider approval of an ordinance rezoning certain properties within the City of Cottage Grove to bring them into compliance with the approved 2020 Comprehensive Plan. Staff Recommendation:Adopt the ordinance rezoning certain properties within the City of Cottage Grove, which will bring them info compliance with the approved 2020 Comprehensive Plan. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 118840 to 119113 in the amount of �750,391.15. 12. WORKSHOP SESSION — OPEN TO PUBLIC 13. WORKSHOP SESSION — CLOSED TO PUBLIC ADJOURNMENT * Contains Supplemental Information "* Packet Item Submitted 6/4/01 **" Packet Item Submitted 6/5/01 REGULAR MEETING COTTAGE GROVE CITY COUNCIL June 6, 2001 OPEN FORUM —7:15 p.m. Open forum provides a person an opportunity to inform the Council of a problem or to request information related to City business not scheduled for Council action and on the Agenda. Mayor Shiely encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Mike Zurbey, Acting Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director John McCool, Senior Planner Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven 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, June 6, 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 Rod Hale Council Member Cheryl Kohls Council Member Pat Rice Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Ron Hedberg, Finance Director Mike Zurbey, Acting Public Safety Director Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director John McCool, Senior Planner Michelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney, Kennedy and Graven Regular Meeting—June 6, 2001 Cottage Grove City Council Page 2 Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 5-0. PRESENTATIONS A. Certificate of Achievement in Financial Reporting_ City Administrator Schroeder stated that the Finance Department participates in the Minnesota Governmental Finance Officers' Association (MnGFOA) Certificate program for the City's financial statements. He explained the participation process, stating that the City has participated in the program since 1990. He stated that the City's 1999 Comprehensive Annual Financial Report was submitted to the MnGFOA and has been awarded a certificate of achievement for excellence in financial reporting. He stated that the award is valid for one year and this would not have been possible without the continued support of the entire Finance Department. Mayor Shiely asked Finance Director Hedberg to introduce the Finance Department staff. Finance Director Hedberg identified the Finance Department employees and highlighted their roles within the Finance Department. B. Great Grove Get Together Committee Presentation by Co-Chairs Barb Stoffel and Kevin Raun. Kevin Raun, Co-Chair, introduced the Great Grove Get Together Committee and reviewed the schedule and activities with the Council. He encouraged the Council and residents to stop by and pick up a schedule. Julie Tuthill, Committee Member, stated that the buttons and t-shirts are now on sale. She reviewed the cost and locations where they are being sold. Barb Stoffel, Co-Chair, introduced the Historical St. Croix Baseball Club as a new activity this year and invited everyone to come and watch the game. APPROVAL OF MINUTES The minutes of the May 2, 2001 Regular Council Meeting were approved as presented. CONSENT CALENDAR Mayor Shiely stated that there is a request from a member of the audience to pull Item M for further discussion. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 3 Council Member Hale referenced Item 8D and asked if they have authorization. He suggested the discussion be moved to Unfinished and New Business. Mayor Shiely explained to Mr. Hookstra that the discussion would be moved to Unfinished and New Business, Section 8, of the agenda. Senior Planner McCool referenced Item 4H of the Consent Calendar. He stated that they would like to amend the portion of the resolution that references the second part of the plans and specifications that would be prepared for the Hidden Valley 10`h Addition. He stated that they would like to delete the portion that references the installation of a storm sewer pump system. He explained that this part of the project would be added to another contract and would be presented to the Council at another time. Mayor Shiely stated that all Items have been passed except for Item M and an amendment of Item H. 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 APRIL 9, 2001. ii. PLANNING COMMISSION OF APRIL 23, 2001. B. ADOPT RESOLUTION NO. 01-064 ACCEPTING DONATION FROM BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. FOR THE CITY OF COTTAGE GROVE PARK TRUST FUND. C. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE SOUTH WASHINGTON SENIOR CENTER TO CONDUCT A RAFFLE ON OCTOBER 12, 2001. D. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE FIREFIGHTERS RELIEF ASSOCIATION TO CONDUCT BINGO IN CONNECTION WITH THE GREAT GROVE GET TOGETHER. E. ADOPT RESOLUT/ON NO. 01-065 ACCEPTING DONATION OF CASH FOR THE GREAT GROVE GET TOGETHER. F. ADOPT RESOLUT/ON NO. 01-066 ACCEPTING CITIZEN DONATIONS OF CASH FOR THE GREAT GROVE GET TOGETHER AND THE COTTAGE GROVE JAYCEES COMMUNITY CELEBRATIONS. G. ADOPT RESOLUT/ON NO. 01-067 AMENDING RESOLUTION 01-027 APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF A NON-CONFORMING USE FOR CONSTRUCTION OF AN OFFICE BUILDING AT 9250 IDEAL AVENUE SOUTH. H. ADOPT RESOLUTION NO. 01-068 APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE HIDDEN VALLEY 10T" ADDITION DEVELOPMENT PROJECT AND THE INSTALLATION OF A TRUNK STORM SEWER OUTLET PIPE FOR THE REGIONAL HIDDEN VALLEY PONDS. I. APPROVE CHANGE ORDER #1 FOR THE HIGHLANDS DEVELOPMENT (2000 PAVEMENT MANAGEMENT PROJECT). Regular Meeting—June 6, 2001 Cottage Grove City Council Page 4 J. APPROVE RENEWAL OF CONCESSION STAND RENTAL AGREEMENT CONTRACT BETWEEN COTTAGE GROVE ICE ARENA AND THE COTTAGE GROVE ATHLETIC ASSOCIATION. K. AUTHORIZE ISSUANCE OF AN OUTDOOR EVENT PERMIT TO THE GREAT GROVE GET TOGETHER COMMITTEE FOR EVENTS TO BE HELD ON JUNE 9 AN D 16, 2001. L. ADOPT RESOLUT/ON NO. 01-069 APPROVING THE FINAL PLAT KNOWN AS TIMBER RIDGE ADDITION. M. REMOVED FROM CONSENT AGENDA AND MOVED TO UNFINISHED AND NEW BUSINESS FOR FURTHER DISCUSSION. N. ADOPT RESOLUT/ON NO. 01-070 CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1- 12 THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. O. AUTHORIZE THE EXPENDITURE OF $16,028.98 FROM THE COUNCIL CONTINGENCY FUND FOR REPLACEMENT OF THE IDEAL PARK WARNING SIREN, AND RECEIVE RECOMMENDATION FOR REPLACEMENT OF OTHER WARNING SYSTEM SIRENS. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES NONE PUBLIC HEARINGS A. Consider the nomination of Lamar Avenue Larch Trees to the City Register of Historic Sites and Landmarks. Mayor Shiely opened the Public Hearing at 7:55 p.m. There being no public input, Mayor Shiely closed the Public Hearing at 7:56 p.m. City Administrator Schroeder stated that on April 10, 2001, the Advisory Committee on Historic Preservation recommended that the City Council hold a public hearing and by resolution place the Lamar Avenue Larch Trees on the City Register of Historic Sites and Landmarks. He stated that the Planning Commission reviewed this item in January. He reviewed the information provided to the Council and stated the only concern relates to the potential impact upon future upgrades to the adjacent road. City Administrator Schroeder stated that additional right-of-way may need to be obtained from the western property owner to ensure the Larch Tree survival. He stated that there are no plans in the near future to upgrade the road and the Council can address the right-of-way issue in the future. He stated that staff recommends adoption of the resolution. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 5 Mayor Shiely stated it was her understanding that seeds from the tree were being saved and asked for clarification on the intent and where the seeds were kept. Robert Vogel reviewed the process and stated that they are trying to determine how to go about the replacement process. He stated the existing trees are over 140 years old and the concept in the management plan is to replace over mature and dying trees with younger trees. MOTION BY HALE, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-071 TO DESIGNATE THE LAMAR AVENUE LARCH TREES AS AN HISTORIC SITE IN THE CITY REGISTER OF HISTORIC SITES AND LANDMARKS. MOTION CARRIED 5-0. BID AWARDS A. Consider Adoption of resolution awarding bid for the 2001 Sealcoat Project to Pearson Brothers. Inc. in the amount of$121,904.25. City Administrator Schroeder stated that on May 29, 2001, sealed bids were publicly opened and read aloud for the furnishing of bituminous sealcoat. He reviewed the contractors who supplied bids for the year 2001 Sealcoat Project. He stated that staff recommends adoption of the resolution awarding the bid to Pearson Brothers, Inc. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO, 01-072 AWARDING BID FOR THE 2001 SEALCOAT PROJECT TO PEARSON BROTHERS, INC. IN THE AMOUNT OF $121,904.25. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Consider Adopting the 2002 budget calendar. City Administrator Schroeder reviewed the proposed 2002 budget calendar with the Council. He stated that the timelines remain consistent with last year adding that some dates are still tentative. He stated that staff recommends adoption of the 2002 budget calendar. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT THE 2002 BUDGET CALENDAR. MOTION CARRIED 5-0. B. Storm Water Utility Fees. 1. Conduct a Public Meeting to Receive Public Comment on the Ordinance Creating the Storm Water Utility, Mayor Shiely clarified the intent of the discussion. She stated that it would be discussed in two parts. She asked Finance Director Hedberg to review the issues with the Council and residents. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 6 Finance Director Hedberg stated that the creation of a storm water utility gives the City of Cottage Grove the resources to address the ongoing maintenance of, and improvements to, the storm water system. He explained the storm water utility user fee process to the Council. He stated that a notice was published in the legal notice section and an introductory article was placed in the Soufh Washington County Bulletin inviting public comment at the June 6, 2001 Council meeting. He reviewed the background for the storm water utility charges and stated the storm water utility fee will be used for the maintenance of the storm water system and will not supplant the Storm Water Area Charge on developing properties. Mayor Shiely reviewed the issues regarding water quality adding that the main purpose for this utility is to have a fund that will enable the City to manage these issues as they occur in order to maintain water quality. Council Member Hale stated his reasons for approving the resolution and reviewed the need for this fund. He stated that money is not available right now to address these issues. He reviewed the need to address water supply. Council Member Kohls asked for clarification on the water quality issues. She referenced a conversation with Keith Cherryhomes, Minnesota Pollution Control Agency. She stated that there is no mandate at this time and asked for clarification on budget expenses for street sweeping from the fund. Council Member Kohls asked why the street sweeping expenses would come out of a storm water utility budget. She asked for clarification on several issues including the type of chemicals used for de-icing, how often storm water ponds need to be dredged or cleaned out, and the number of storm water ponds that are needed for maintenance. She asked for further clarification on the proposed annual budget and the capital outlay on maintenance. Public Works Director Burshten confirmed that the water quality and quantity would be addressed. He explained the reasons for using the water utility fund for street sweeping. He explained the content of chemicals used for de-icing and clarified that the frequency to dredge/clean is based on need, noting that it is basically 15-20 years. Mayor Shiely referenced the problems at the airport regarding the chemicals used for de- icing. She referenced and shared the Executive Summary in the plan with the Council. She clarified that the Council, on an annual basis, would review the fees before any changes in the rates would occur. Finance Director Hedberg explained the capital outlay for maintenance for the proposed budgets. City Administrator Schroeder further clarified that they do not expect anything significant with respect to equipment purchases from this fund. 2. Consider Adoption of the Ordinance Creating the Storm Water Utilit� MOTION BY HALE, SECONDED BY RICE, TO ADOPT ORD/NANCE NO. 697 FOR THE CITY OF COTTAGE GROVE, MINNESOTA, ADDING TITLE 8 CHAPTER 3 TO THE Regular Meeting—June 6, 2001 Cottage Grove City Council Page 7 COTTAGE GROVE CITY CODE RELATING TO STORMWATER UTILITY CHARGES. MOTION CARRIED 5-0. 3. Consider Resolution Ado�ting the Storm Water Utility Rates and Directing Staff to Complete the Billing Process for Implementation in the Fall of 2001. Gene Smallidge, resident, stated he is authorized to speak for several farm families who were unable to attend. He named the residents, Jim and Helen Jensen, Allen Sandcamp, Harlow and Ruth Radke, Lorraine and Glen Brown. He stated that they are all opposed to the fee structure as proposed. He reviewed the water runoff history of Cottage Grove with the Council. He stated that since the construction of Ideal Avenue and the bike paths, the runoff now goes onto his farmland in areas where he never had a problem before. He referenced the comparison of a single-family home to a farm. Mr. Smallidge reviewed the prairie grass plantings stating that various farms have installed equipment to prevent contamination to the ground water, help improve water quality, and reduce runoff. He stated all of this has been done as an expense by the farmer adding that the City has paid for none of this. He expressed his concerns regarding the inequity of the fee proposal. He referenced the Metropolitan Council guidelines and reviewed them with the Council and concluded by suggesting there be no charge unless it falls within the MUSA line. Eileen Tank stated she is representing the Tank farms for the Tank family. She stated they are the owners of a large portion of the land in Cottage Grove and are collectively opposed to the storm water utility fee that is proposed for the farmers. She stated she supports everything stated by Mr. Smallidge. Steve Biscoe, resident, restated some of the issues addressed by Mr. Smallidge. He stated that he and his family are opposed to the storm water utility fee proposed for the farmers. He stated it is excessive, he opposes it, and asked the Council to reconsider. Mayor Shiely restated their reasons for discussing this issue in two parts is due to the Council's questions about the proposed rates. Council Member Hale stated that the rate structure still needs work. He questioned some of the businesses that are not on the list. He expressed his concerns regarding the storm water utility fee and referenced Mr. Smallidge's statements. He stated that many residents have made considerable investment with no reward for their efforts. He referenced the charges and asked for more time, suggesting a workshop session to further discuss the charges. He expressed his concerns with some of the rates and stated that the proposed resolution is not in a position to be approved tonight. He asked for further discussion on the issues. Council Member Wolcott asked for clarification regarding the 1.5 plus acre residential. Council Member Rice referenced the Rural Surface Water Drainage Map and asked for further clarification on what has been identified as problem areas and their costs. City Administrator Schroeder clarified the intention of the map, locations, and issues. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 8 Council Member Kohls referenced her conversation with Mr. Cherryhomes of the Minnesota Pollution Control Agency. She reviewed her notes from the conversation with the Council and asked for clarification on the issues. She expressed her concerns regarding the equity/benefit issue and asked for legal clarification. City Administrator Schroeder addressed Council Member Kohls' concerns and reviewed the process taken to determine the fees. City Attorney Thomson responded to Council Member Kohls and explained the legal implications she raised. She clarified the difference befinreen utility fees and special assessments. Mayor Shiely asked City Attorney Thomson if this information could be provided in a workshop session. She acknowledged the Council Members and their concerns stating that this should be discussed in a workshop. She stated it would be necessary to research this issue further before a decision is made. Mayor Shiely asked staff what timeframe they needed. Council Member Hale suggested scheduling a workshop to discuss the issues and inform the audience as to the date it goes back on the agenda. MOTION BY KOHLS, SECONDED BY HALE, TO TABLE FOR FURTHER DISCUSSION TO A WORKSHOP SCHEDULED FOR JUNE 20, 2001 AT 6:00 P.M. MOTION CARRIED 5-0. Mayor Shiely called for a 7-minute break at 8:55 p.m. Mayor Shiely resumed the meeting at 9:03 p.m. C. Crystal Village Development proposal. Mayor Shiely stated that at the May 16, 2001 City Council meeting, the Council approved an ordinance rezoning the Almar Farms site to PUD, a resolution approving the site plan and preliminary plat, and a resolution approving a conditional use permit for a gas station/convenience store. She explained that during the meeting several issues that pertained to the recommended conditions of approval were raised by members of the Council. She stated the ordinance and resolution being discussed clarify the Council's intent. She reviewed the proposed draft resolution with the Council and stated that this will be handled in parts, adding that the motion and second will be done first and the second phase will include the public discussion of the issues. 1. Consider amended ordinance to rezone property from R4 to PUD for proposed mixed use development, Crystal Village, to be located at the southwest corner of 70`h Street and Keats Avenue. Chris Bennet, 7245 Jordan Avenue South, stated that they received notification regarding the changes and the amendment. He reviewed his concerns regarding the bricking and outpaths Regular Meeting—June 6, 2001 Cottage Grove City Council Page 9 proposed. He reviewed the proposed outpaths, the verbiage and removal of specific wording in Items 26 and 27 of the proposal. He asked that it remain in the proposal. He reviewed his concerns regarding the number of pumps at the gas station stating that limitations should be placed on the number of pumps and suggested it be limited to 8 pumps. He referenced the changes regarding on and off sale liquor sales and expressed his concerns regarding the sale of liquor at this location. He reviewed photos taken of the area with the Council. David Lassen reviewed the seven points of clarity with the Council. He expressed his concerns regarding the process. He referenced a statement that says if the developer did not abide by the 41 conditions he would not have a deal with the City. He stated that the developer has not met all of the conditions. He stated that if the Council were to keep the original 41 conditions then a compromise has been met. He stated that if approved as amended they would have problems. He reviewed the original diagrams and an updated version of the structures with the Council. He reviewed the privacy fence issue with the Council and referenced the compromise list provided by his neighborhood adding that they had requested the installation of a 6' privacy fence. He suggested they keep condition #8 as worded, for privacy issues and for safety issues. Jack Clinton, attorney representing Tollefson, Inc., reviewed the content of two letters he wrote to the Council. He expressed their concerns regarding the wording of the conditions and the timing issue. He requested that the wording on Item 27 be modified. He stated that the PUD would not be required unless the two lots are not in substantial compliance. Mr. Clinton referenced the fencing and ponding issue, adding that Tollefson will agree to fence the pond. He referenced the issue regarding privacy stating that the condition is to install a cyclone fence. He stated that the cyclone fence does nothing for privacy but they will build the fence for safety reasons and asked that the wording for privacy be removed. Council Member Hale addressed Item 26 and asked if the style had changed from the original submittal. Mr. Bohlman acknowledged that after consulting with the City Planning Staff, the design had been changed. He stated that he was not clear with respect to what was presented to the Planning Commission and reviewed the design changes and recommendations with the Council. Mayor Shiely asked if the Planning Commission had approved the current design changes. Council Member Hale asked for clarification regarding the changes to the front and back of the building. He referenced Items 27 and 28 and stated the intent was to approve the two additional pads to the PUD. He stated he is prepared to amend the paragraph to refer to it as the site plan review versus amending the PUD. He asked for further clarification on the number of pumps they are anticipating. Mr. Bohlman stated six pumps and twelve weigh stations. He stated the name brand gas store has not been identified yet, adding that the appearance of the building is associated to the brand of gasoline sold. Regu/ar Meeting—June 6, 2001 Cottage Grove City Council Page 10 Laurie Lassen, 7121 Joplin Avenue, expressed her concerns regarding the notification process for the finro pads. Mayor Shiely provided the residents with the assurance that they will be notified and included in any discussions. Brett Zimmer, 7173 Joplin Avenue, addressed the issues around fencing the pond. He stated it does not address privacy issues, safety issues, nor does it prevent individuals from using his property to access the center. Bryan Awe, attorney, referenced Item 27 and the proposed wording deletion. He expressed his concerns regarding the comments regarding funding and suggested everyone's concerns should be considered, including the lender. Mr. Bohlman responded to Mr. Awe's statements regarding lending issues for the project. He stated that the lender is taking into consideration what has been said. He stated that the pads are considered valuable and are a part of the collateral; therefore, they need to be considered in the request. He asked for clarification on the fencing issue. He stated substantial screening measures have been put in place to improve the screening of the project and preserve the natural screening. He offered, as a compromise and to address the safety issue, to fence in the pond. Council Member Kohls referenced the changes throughout the project and stated the aesthetic changes are major. She referenced the lending discussion stating that this is not part of the issue. She stated the 41 stipulations and the ordinance passed on May 16`h provides the developer with what is needed for the project. She stated that she would not change her original vote. Mayor Shiely asked whether the changes are substantial enough to go back through the process considering the changes being reviewed and what was passed on May 16. - City Attorney Thomson explained and clarified the changes. She reviewed the items referencing the fence and the original agreement. She explained that Item 8 and Item 28 are more for clarification than a change. She provided clarification of intent adding that the approval has already been given. She stated that the purpose of the language was to clarify, for the record, what staff intended. She stated that staff felt this was a clarification based on what Council had intended, not changes. She reviewed what was approved with the Council noting the minor changes being presented. She referenced the full proceeding that was recently held for the Council to consider and discuss the issues. She stated that the action the Council took in one sense has not been completed adding that it was not published at the May 16th meeting. She stated it was Staff's feeling that the changes are minor but if the Council feels they are major changes, the Council can defer to another hearing. Council Member Rice suggested that they pull the second and the original motion to include that Item 27 includes site plan approval for Lots 2 and 4, notification of the public and clarify Item 8 with regards to the fencing issues. He stated his support to fence the yard. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 11 Council Member Hale suggested that the motion stand. MOTION BY HALE, SECONDED BY WOLCOTT, TO APPROVE AN AMENDMENT FOR ITEM 27 FOLLOWING THE SENTENCE THAT WAS STRICKEN SO INSTEAD OF INDICATING "AN AMENDMENT OF THE PUD" IT WOULD INDICATE "A SITE PLAN REVIEW MUST BE PROCESSED" AND THAT ITEM 1 WHICH INDICATES, "WHEN REVIEWING THE PUD" BE CHANGED TO INDICATE "WHEN REVIEWING THE SITE PLAN REVIEW". Council Member Kohls asked for clarification on the site plan review and the compliance issues. She read the ordinance as approved, clarified her understanding, and asked for clarification regarding the traffic study. Council Member Hale stated it might require signage that has not been required at this point. He stated that what is done is in the public interest. He stated that this is why they have come back for the review to determine the changes. MOTION CARRIED 4-1 (KOHLS). MOTION BY HALE TO AMEND ITEM 37 THAT THE NAME OF THE PROJECT BE ALMAR VILLAGE. Mayor Shiely stated that this is part of the original PUD. City Attorney Thomson agreed that the motion is not necessary. She reviewed her understanding of the agreement adding that this has been taken care of. Council Member Hale agreed to City Attorney Thomson's explanation and withdrew his motion for an amendment to Item 37. Council Member Rice asked for clarification on the fencing issues. Mayor Shiely clarified her understanding of the explanation City Attorney Thomson provided to the Council. She stated that when they considered this issue on May 16th she felt this was a good compromise. She referenced Item 27 stating that she does not have a problem changing the wording to site plan review adding that this would give everyone an opportunity to look at the proposal. She stated this is the only item she would consider changing. She referenced the fencing issue adding that she favors the fencing. She stated that the fence would be a minimum requirement and would have to be done by the developer who decides to build on the site. She stated that she would favor the recommended amendment if the only change is to Item 27. She asked City Administrator Schroeder if he had reviewed both diagrams of the commercial structure. Mayor Shiely reviewed the three issues, the original privacy fence that was a part of the last ordinance, the change to the black vinyl fence on the south and west side, and the suggestion to change the pond. She stated the privacy fence has been passed adding that the question is the changes to the fence and the ponding. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 12 Mr. Lassen addressed the comments made by Council Members Hale and Rice regarding the fencing issues. He referenced the comments by City Staff and reviewed the layout of his lot adding that he has no buffering. He stated that this is a unique issue adding that he did not think this would create a precedent. City Administrator Schroeder clarified Item 26 and explained staff s position. He explained the change proposed and reviewed the issues regarding the fencing. He stated he has reviewed everything with respect to this proposal. Mr. Bohlman clarified what was discussed and agreed with the Staff regarding bricking. He referenced the drawings received by staff and an updated version of the plans submitted to the City after May 14th. City Planner McCool clarified the plans that were approved by the Council on May 14th. City Attomey Thomson clarified the changes adding that there are substantial changes in the rendering and recommended returning it to the Planning Commission. Council Member Kohls asked for clarification on the square footage being proposed. She reviewed the items she considers substantial changes. Mayor Shiely clarified a statement made by Council Member Kohls referencing the intent of the Council at the May 16th meeting regarding the two pads. She stated that she is not sure if legally this means it is a substantial change. City Attorney Thomson stated she did not believe it was a substantial change. She stated that the wording was very ambiguous. She reviewed the statements of the Council at the meeting and stated that is why this change, she believes, is consistent with what three members of the Council stated as their understanding. City Attorney Thomson stated that she had suggested leaving the ordinance as it is and adopting an amendment with the listed items. City Administrator Schroeder clarified the intent adding that it was to provide clarity to the issues based on the discussion held at last meeting. He stated it was originally agreed and that Council's intent was to use black cyclone fencing but this got lost in the motion. He stated that it was reasonably clear that the fencing on the west side of the property was assumed and the south side was not assumed. He stated that while fencing may address most safety concerns he did not believe that was a large part of the last discussion. He clarified his understanding of Council's intent with respect to the fencing issues adding that it should not change. Mayor Shiely stated the only item that would substantially change is item 27. MOTION BY HALE, SECONDED BY RICE, TO ADOPT ORD/NANCE NO. 698 AMENDING ORDINANCE #695 FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP VIA REZONING CERTAIN PROPERTY FROM R-4, Regular Meeting—June 6, 2001 Cottage Grove City Council Page 13 LOW DENSITY RESIDENTIAL, TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT. MOTION CARRIED 5-0. 2. Consider amended resolution approving preliminary plat, master development plan and site plan review for Crystal Village, which includes 39 townhomes and a neighborhood shop�nq center. City Attorney Thomson clarified the intent of the Council for this motion. She stated the record is clear that Council is voting on the changes that are consistent with the changes to the ordinance. Council Member Hale asked for clarification on what is being added. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUT/ON NO. 01-073 AMENDING RESOLUTION 01-062 APPROVING THE MASTER DEVELOPMENT PLAN, PRELIMINARY PLAT, AND SITE PLAN REVIEW FOR CRYSTAL VILLAGE. MOTION CARRIED 5-0. 3. Consider amended resolution aeproving a conditional use �ermit for a motor fuel station to be located at the mixed-use development at 70th Street and Keats Avenue. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 01-074 AMENDING CONDITIONAL USE PERMIT RESOLUTION #01-063 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 5-0. C. Consider approval of the final plat for Almar Village, which was previously called Crystal Villaqe. Council Member Hale asked since this is the final plat, do they need to add that it is in compliance with the conditions of approval with the previous language of the PUD. City Attorney Thomson stated that a motion is not needed to change or add an item. Mayor Shiely stated that the Council agrees to add Item 22 indicating that this is subject to the original PUD voted on with the changes. MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUT/ON NO. 01-075 APPROVING THE FINAL PLAT KNOWN AS ALMAR VILLAGE. MOTION CARRIED 5-0. D. Consider Authorizing the CitkAdministrator to contract with BRKW and Wilson Development Services for acquisition services regardinq the 80th Street Redevelopment and Hardwood Avenue Realignment Projects. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 14 Mayor Shiely stated that this is Item 4M from the Consent agenda and asked Mr. Hookstra to come forward and address the Council regarding his issues. Mr. Hookstra, resident, expressed his concerns regarding the process of the project. He asked for clarification as to the purpose of the road change. Council Member Kohls asked Mr. Hookstra if he has reviewed the layout. Mayor Shiely stated that they should consider ordering an update of the feasibility reports. Council Member Hale asked for clarification on the issues as they relate to Hardwood Avenue. City Administrator Schroeder referenced the diagram layout and clarified the changes for the Council. He explained what is being proposed is an amendment to the alignment and the primary intent is to reduce traffic flow. Council Member Kohls asked for clarification of the diagram for the residents. She asked for clarification of the costs of the feasibility study. City Administrator Schroeder stated they have not asked for funding as yet and do not know the full costs at this time. Council Member Hale expressed his concerns with the alignment. City Administrator Schroeder stated that the City and the Economic Development Authority find it necessary at times to acquire property related to infrastructure improvements or other development activities. He stated that outside consulting services are necessary in the area of property appraisals and in some cases outside acquisition services are also needed. He reviewed several examples of appraisal services with the Council stating that they are again in need of outside assistance on roadway and development projects. Council Member Hale stated his reaction is the same as previously stated, adding that this could involve the purchase of some homes. He stated it is not redevelopment when you are taking high value homes unless it is absolutely necessary. He stated that he does not believe that this is necessary and he would rather have other areas considered first. Council Member Kohls stated that without having a discussion with the Council she is not prepared to vote to spend money or discuss acquisitions. Mayor Shiely expressed her concerns regarding appearance and stating that she does not want to appear as if the Council is coming to pull people from their homes for development. She stated that they are in a tough position. She agreed that they do need to look at the issue and consider the feasibility. She stated that if this is to be done in a timely fashion, they need to have items in place in the event that the feasibility study shows it is reasonable. Regular Meeting—June 6, 2001 Cottage Grove City Council Page 15 Council Member Wolcott stated that they need further information in order to make a wise decision. Council Member Kohls stated she does not understand what they are discussing or trying to do and expressed her concerns that a discussion has not been held. She suggested that next time a special meeting should be scheduled to have a discussion. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUT/ON NO. 01-076 ORDERING AN UPDATE OF THE FEASIBILITY REPORTS FOR THE HARDWOOD CORRIDOR AND THE GROVE PLAZA PROJECTS. MOTION CARRIED 3-2 (HALE, KOHLS). E. Consider approval of an ordinance rezoninq certain properties within the Cit� Cottage Grove to bring them into compliance with the approved 2020 Comprehensive Plan. City Administrator Schroeder stated that the Planning Commission and Planning staff have initiated the rezoning of certain properties in the community to bring those properties into compliance with the City's approved Comprehensive Plan 2020. He reviewed the three geographic areas with the Council. He stated the areas known as the West Draw, Old Cottage Grove and the Southeast area are where the rezonings are taking place. He provided a background history and reviewed the options available to the City Council. He stated that staff recommends approval of the ordinance rezoning certain properties as recommended by the Planning Commission. James Gerber, resident, stated that he and his wife moved to Cottage Grove due to the rural atmosphere. He stated the development in this area should be unique and this is not keeping consistent with the West Draw. Ron Reimann Sr., 6120 Hadley Avenue South, reviewed the proposal and expressed concerns regarding changing setbacks. He reviewed the topography of the land and the zoning for the area with the Council. He reviewed the issues of the citizens and expressed concerns regarding the level of development in the area. He reviewed his suggestions with the Council and the need to nail down the specifics. He stated the task force report is not a consensus document. Tim Reimann, 6100 Hadley Avenue South, stated he supports the proposals and suggestions as provided by Ron Reimann and James Gerber. He expressed his concerns regarding the R2.5 issues. He urged the Council to approve the ordinance. He stated that he is committed to the Council to serve as a volunteer to assure it is implemented with consistency. Robert Hudnut, 7145 65th Street, reviewed the policies that guide development in Cottage Grove and how they associate with the eight issues he identified as compatibility concerns. He suggested that this is not consistent with the guidelines as outlined and is not reasonable. He expressed his concerns and identified the issues that are not compatible with residential Regular Meeting—June 6, 2001 Cottage Grove City Council Page 16 usage. He asked the Council to include the residents in any discussions that affect their neighborhoods and urged the Council to consider their suggestions. Mayor Shiely asked Senior Planner McCool to clarify the urban reserve and when the task force designated it. She stated that it was always understood that the urban reserve would eventually be R2.5. She asked City Attorney Thomson to clarify the time constraints. Senior Planner McCool stated that it was not originally clarified and reviewed the staff's understanding of the intent for urban reserve. He explained the timeframe issues to the Council. City Attorney Thomson clarified the time constraints based on the requirements of the Comprehensive Plan and Capital Improvement Plan. Council Member Hale stated that he appreciates the remarks, those who value land, and their stewardship towards the land. He stated that in this case every citizen has petitioned the City to rezone his or her property to R2.5. He reviewed the number of units per acre adding that the most expensive area to build in Cottage Grove today is in the West Draw. He reviewed the buffers for the area with the Council and referenced the question as to whether buffering should be provided, adding that if a resident wants further buffering they should provide it themselves. He acknowledged the responsibilities of the City to the residents and reviewed the properties being discussed. He explained how the R2.5 zoning came into being for the area and reviewed the sewer issues for the area. Council Member Rice commended Council Member Hale on his statements and expressed his agreement. Council Member Kohls expressed her agreement with Council Member Hale and reviewed her disagreements with the Council. She asked for clarification on how the needs can be accommodated and if it could be developed in such a way that the area remains preserved. Council Member Hale stated that the City conducted a $40,000 study that outlines all of the protected areas of the City. He stated that the developers are aware of the value of a tree. Council Member Rice stated that the City as a whole, over the years, has taken into consideration the need to preserve the area. He stated he does not see where they will have the builders, in the R2.5 area, involved at all with the slopes and hills of the area. Mayor Shiely stated that they are in a position now where what happens will happen. She asked for suggestions on how they could find the kind of developers that they are looking for, who are willing to build around the area. She stated that the zoning ordinance needs language that requires buffering in certain areas. She asked for clarification on the buffering process. City Administrator Schroeder explained the process of buffering to Mayor Shiely. He stated that they could take a look at subdivision rights. Regu/ar Meeting—June 6, 2001 Cottage Grove City Council Page 17 City Attorney Thomson confirmed that they could build buffering requirements into the zoning ordinances. She stated that it could be handled through the Comprehensive Plan or through the zoning ordinance process. Mr. Reimann clarified the statements he heard that all the residents asked for R2.5. He referenced the area in which he lives and reviewed the projects with the Council. Senior Planner McCool clarified the areas designated for R2.5 for the Council. Mayor Shiely stated she would prefer to meet with the City Attorney to discuss and determine a process in order to avoid this issue again. Council Member Kohls suggested that she and Mayor Shiely meet with the City Attorney and Staff to review their concerns. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT ORDINANCE NO. 699 FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING CITY CODE SECTION 11-1-6, ZONING MAP, VIA REZONING CERTAIN PROPERTY. MOTION CARRIED 4-1 (KOHLS). RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS NONE COUNCIL COMMENTS AND REQUESTS Council Member Hale asked about the status of the property on 10800 Ideal Avenue. City Attorney Thomson stated it would be coming before the Council at the next meeting in June. Mayor Shiely complimented the Cable Company on their presentation of the graphics. Council Member Rice encouraged the residents to attend the Great Grove Get Together. PAY BILLS MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 118840 TO 119113 TOTALING $750,391.15. MOTION CARRIED 5-0. WORKSHOP SESSION — OPEN NONE WORKSHOP SESSION — CLOSED NONE Regular Meeting—June 6, 2001 Cottage Grove City Council Page 18 ADJOURNMENT MOTION BY SHIELY, SECONDED BY KOHLS, TO ADJOURN THE MEETING AT 11:35 P.M. MOTION CARRIED 5-0. Respectfully submitted, Bonita Sullivan TimeSaver Off Site Secrefarial, Inc.