HomeMy WebLinkAbout2007-04-18 MINUTESREGULAR MEETING
COTTAGE GROVE CITY COUNCIL
April 18, 2007
OPEN FORUM — 7:15 p.m.
Open forum provides a person an opportunity to inform the Council of a problem or to request
information related to City business not scheduled for Council action and on the Agenda.
Present: Mayor Sandy Shiely
Council Member Myron Bailey
Council Member Mark Grossklaus
Council Member Fred Luden
Council Member Pat Rice
Also Present: Ryan Schroeder, City Administrator
Howard Blin, Community Development Director
Les Burshten, Public Works Director
Ron Hedberg, Finance Director
Jennifer Levitt, City Engineer
Corrine Thompson, City Attorney
Peter Koerner, Deputy Public Safety Director
Not Present: None
Mayor Shiely opened the Open Forum at 7:15 p.m.
There being no speakers, Mayor Shiely closed the Open Forum at 7:15 p.m.
CALL TO ORDER
The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular
meeting on Wednesday, April 18, 2007, at the Cottage Grove City Hall, 7516 80� Street
South. Mayor Shiely called the meeting to order at 7:30 p.m.
ROLL CALL
Present: Mayor Sandy Shiely
Council Member Myron Bailey
Council Member Mark Grossklaus
Council Member Fred Luden
Council Member Pat Rice
Regular Meeting — Apri118, 2007
Cottage Grove City Council
Also Present: Ryan Schroeder, City Administrator
Howard Blin, Community Development Director
Les Burshten, Public Works Director
Ron Hedberg, Finance Director
Jennifer Levitt, City Engineer
Corrine Thompson, City Attorney
Peter Koerner, Deputy Public Safety Director
Not Present: None
ADOPTION OF AGENDA
Mayor Shiely stated that there had been a request to add an additional item to the agenda as
Item 8C related to the Local Government Aid program.
MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE THE AGENDA AS AMENDED.
MOTION CARRIED 5-0.
PRESENTATION
A. Arbor Dav and Sprina Clean-up Dav Presentations
Brian Voelker, City Management Analyst, reported that the first of Cottage Grove's finro
back-to-back 2007 outdoor events is Arbor Day Event at Highlands Park (April 28, 10 a.m. to
1 p.m., rain or shine, directly off 70 Street and Idsen Avenue), described the activities
(including tree planting at 11 a.m.), and said the first 100 attendees will receive a free 3'
Maple tree. He said the second event is 2007 Spring Clean-up and HHW Day (May 5,
7:00 a.m. to 4:30 p.m., rain or shine at the Public Works Facility, 8635 West Point Douglas
Road So, approximately two blocks south of Jamaica Avenue on West Point Douglas Road
South), described the activities and products being disposed, and said the event generates
approximately $10,000 to help cover costs.
Mayor Shiely thanked him for the presentation said both of the events are excellent.
APPROVAL OF MINUTES
A. March 21, 2007, Reqular Meetinq
Mayor Shiely stated that the minutes stood approved as presented.
CONSENT CALENDAR
Council Member Rice pulled Item E to extend appreciation for monetary and/or service
donations made to the K9 Program from the Cottage Grove Crime Prevention Board,
Dr. Michael Thrasher, and Dr. Peg Frank.
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Regular Meefing — April 18, 2007
Cottage Grove City Council
MOTION BY RICE, SECONDED BY LUDEN, TO:
:
�
E.
F.
G.
�
ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: NONE.
RECEIVE INFORMATION ON EDA STRATEGIC PLANNING RETREAT.
APPROVE CHANGE ORDER #2 FOR THE SILVERWOOD 1 AND 2" ADDITION
PROJECT, WHICH PROVIDES FOR ADDITIONAL WORK TO INSTALL A CULVERT
BELOW THE BITUMINOUS BIKE PATH, AS REQUESTED BY THE DEVELOPER.
ADOPT RESOLUTION NO. 07-067 APPROVING FINAL PAYMENT IN THE AMOUNT
OF $16,999.38 TO DANNER, INC. FOR THE HIGHLANDS POND GRADING
PROJECT, AS THE CONTRACTOR HAS SATISFACTORILY COMPLETED THE
WORK IN ACCORDANCE WITH THE CONTRACT PLANS AND SPECIFICATIONS.
ADOPT RESOLUTION NO. 07-068 TO ACCEPTING DONATIONS TOTALING
$13,675.19 FROM THE COTTAGE GROVE CRIME PREVENTION BOARD TO THE
PUBLIC SAFETY DEPARTMENT, POLICE DIVISION K9 PROGRAM.
ADOPT RESOLUTION NO. 07-069 APPROVING THE PLANS AND
SPECFICIATIONS AND ESTABLISHING A MAY 24, 2007, BID DATE FOR THE
GRANE TANK RECONDITIONING PROJECT.
ADOPT RESOLUTION NO. 07-070 TO REPEAL RESOLUTION NO. 07-004 AND
APPROVE FINAL PAYMENT IN THE AMOUNT OF $32,369.00 TO TELEMETRY
AND PROCESS CONTROL FOR THE WELL 4 AND 5 ELECTRICAL UPGRADE
PROJECT.
APPROVE THE CAPITAL CITY REGIONAL FIREFIGHTER'S MUTUAL AID
AGREEMENT WITH THE CAPITOL CITY REGIONAL FIREFIGHTER'S
ASSOCAITION AND AUTHORIZE FIRE CHIEF BOB BYERLY TO EXECUTE THE
AGREEMENT.
MOTION CARRIED 5-0.
RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES
None.
PUBLIC HEARINGS
A. Hold the public hearinq and consider: 1) adoptinq a resolution approvinq the
elimination of parcels from Tax Increment Financinq District No. 1-10 (Washinpton
Countv TIF District No. 66) located within Development District No. 1, in the Citv of
Cottaae Grove; 2) adoptina a resolution adoqtinq a modification to the development
proq for Development District No. 1 and establishinq Tax Increment Financinq
District No. 1-14 therein and adoptinq a tax increment financinq plan therefore; and 3)
adoptinq a resolution authorizinq an inter-fund loan for advance of certain costs in
connection with Tax Increment Financinq District No. 1-14.
The City Administrator displayed the land map, described the site, and noted the completed
applicable City processes to date.
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Regular Meeting — April 18, 2007
Cottage Grove City Council
He reported that the City has received approval from representatives of WAG Farms to
proceed with development plans and, due to development costs associated with this site, the
City cannot attract this user or other potential clients as site development would be an
extreme burden upon any one development project. Should a project not move forward on
this site, the City would have the opportunity to close out the TIF district much like has
occurred with District 1-10. Should a project proceed as proposed herein, development
revenues are projected to be sufficient for the City, through its EDA, to acquire additional
parcels for ponding and other public uses.
The City Administrator cited comments from Washington County that had been received
regarding the proposal pursuant to Minnesota Statute 469.175, subdivision 2:
1. The proposed TIF District impacts the county as a taxing jurisdiction. Using the city's
value estimates, if the project was completed without the use of TIF, it would increase the
county tax capacity each year. Based on the projected value increases, the additional
value would generate approximately $306,000 more county levy over the nine-year life of
the district without increasing the county tax rate or would have allowed the county to
reduce its tax rate.
2. The material provided noted that some of the parcels to be included in the new TIF
District are already TIF District (No. 1-10) and will have to be removed from that district.
This _will need to be done before the county can include these parcels in the new TIF
District.
3. The Washington County Property Records and Taxpayer Services Department suggests
a change in a notation for Appendix D of the updated 2007 values.
4. The County's Department of Transportation and Physical Development does not see any
significant impact to the county's transportation system.
He then provided comparison information from the 2005 State Auditor's Report concerning
tax increments. Of 853 cities in the state, 421 use tax increment as a development tool. Of
those 853, 54 capture $1 million in tax capacity with a range between 9.4% and 25%. Of the
72 cities that capture 10% or more of tax increment districts, one city is as high as 31.2%
total tax capacity, which is extreme, and mean is 6.7%, with Washington County being 3.8%
and Cottage Grove being 3% (with 4% projection).
The City Administrator then talked about tax capacities relative to other state communities. In
1997, Cottage Grove was low at 36 of 36. In the past ten years, the City has grown faster
than most (number 4 in growth out of 36), but, even with that growth, it is still low at 32 out of
36 in placement. He said the reason to do projects like this is to further Council's policy
regarding growing market value and tax capacity value, with Cottage Grove having $845 per
capita, compared with a$1,124 mean of others with similar populations.
Mayor Shiely opened public hearing at 7:52 p.m.
There being no speakers, Mayor Shiely closed the public hearing at 7:52 p.m.
Mayor Shiely asked the City Administrator to provide general background information and
clarification as to what Council is being asked to do.
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Regular Meeting — April 18, 2007
Cottage Grove City Council
He said that a district had been created 25 years ago but is now closed and first action for
Council is to formally eliminate the parcels that had been contained in that district, the second
action to modify the existing development program, and the third action to allow the City to
loan tax increment district money with an interfund loan resolution.
MOTION BY RICE, SECONDED BY BAILEY, TO ADOPT RESOLUTION NO. 07-071
APPROVING THE ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING
DISTRICT NO. 1-10 (WASHINGTON COUNTY TIF DISTRICT NO. 66) LOCATED WITHIN
DEVELOPMENT DISTRICT NO. 1, IN THE CITY OF COTTAGE GROVE;
MOTION CARRIED 5-0.
MOTION BY MAYOR SHIELY, SECONDED BY LUDEN, TO ADOPT RESOLUTION NO.
07-072 ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING
DISTRICT NO. 1-14 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN
THEREFORE;
MOTION CARRIED 5-0.
MOTION BY RICE, SECONDED BY LUDEN, TO ADOPT RESOLUTION NO. 07-073
AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN COSTS IN
CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 1-14.
MOTION CARRIED 5-0.
B. Continue the public hearina to Mav 2, 2007, for the ripht-of-wav vacation for the South
Point Ridge development.
The Community Development Director stated that the request to delay the public hearing for
the South Point Ridge development is due to a need to work out some details.
MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO CONTINUE THE PUBLIC
HEARING FOR THE RIGHT-OF-WAY VACATION FOR THE SOUTH POINT RIDGE
DEVELOMENT TO MAY 2, 2007.
MOTION CARRIED 5-0.
BID AWARDS
None.
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Regular Aileeting - April 18, 2007
Cottage Grove City Council
UNFINISHED AND NEW BUSINESS
A. 1) Consider aqprovinq a zoninq amendment to change the zoninq of proqertv at 7500 80
Street South from B-1 to B-2 2) consider aqprovinq a site plan review of a 10 ,266 square-
foot aross floor area multi-tenant office/retail buildinq; and 3) consider aqqrovinq a
variance to the 35-foot minimum parkinq setback to allow parking to be 10 feet from the
north propertv line.
The Community Development Director displayed the area map, described the site, and said
the applicant is requesting a zoning change from B-1 to B-2 because of the retail component.
He stated that only multi-tenant retail buildings were counted in the site analysis and have a
current vacancy rate of 14% and that brokers quote 8-12% as a healthy vacancy rate. The
Community Development Director displayed the site plan, including parking, and the
architectural drawing. He noted that the Planning Commission commented that the roof
appeared asymmetrical but unanimously recommended 5-0 that the applications be
approved.
Mayor Shiely invited the developer to address the Council and commented that she liked the
asymmetry of the building's roof line.
Bruce Miller, MFC, 3470 Washington Drive, Suite 102, Eagan, greeted Council, thanked City
staff for their assistance, and stated that he had relied on the architect and the main tenant
(dentist on the upper level) regarding the asymmetry, who liked it very much. Discussion
ensued regarding necessary parking accommodations and a temporary building for the
dentist to work from in the 5-6 months during construction. Mr. Miller said normally a
temporary structure must be removed before a Certificate of Occupancy is issued but there
will be need to move the dentist into the building before demolition of the temporary structure
occurs. The Community Development Director stated that an extension could be noted in
Council resolution to ensure it is done within a reasonable window of time.
Mayor Shiely inquired about running water for the temporary structure. Mr. Miller responded
that the preference would be to hook up to the City, ra�ther than utilizing a holding tank.
Discussion
Council Member Bailey asked for clarification as to whether the intent was to put a parking lot
in first and then add the modular, and Mr. Miller confirmed this. Council Member Bailey
inquired about retailers coming in yet, and Mr. Miller responded that a few contacts had been
made but he was confident, due to the great location, that commitments would not be difficult.
He also said the dentist will use 3,000 square feet of the upper level, 60% of the office
portion.
Mayor Shiely inquired about potential problems with smells for a dentist office if a restaurant
would be leased in the same building. Mr. Miller responded that a lot can be done to
eliminate odors utilizing an air filtration system and deliberate effort would be made to ensure
it would be done satisfactorily.
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Regular Meeting — April 18, 2007
Cottage Grove City Council
Mayor Shiely thanked Mr. Miller for the information he provided.
MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO ADOPT THE ORDINANCE 814
APPROVING THE ZONING AMENDMENT; FROM B-1 TO B-2.
MOTION CARRIED 5-0
Council Member Bailey asked staff about condition #25 of the Senior Planner's report dated
April 11, 2007, regarding removal of a temporary structure from the site before issuance of a
Certificate of Occupancy for the new building. The Community Development Director stated
that a revised condition specifying a timeframe could be added to the resolution to address
his concern.
MOTION BY BAILEY, SECONDED BY MAYOR SHIELY, TO ADD A 30-DAY EXTENSION
FOR REMOVAL OF THE TEMPORARY STRUCTURE FROM THE BUILDING SITE UPON
ISSUANCE OF A CERTIFICATE OF OCCUPANCY.
MOTION CARRIED 5-0.
MOTION BY GROSSKLAUS, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 07-074
APPROVING THE SITE PLAN REVIEW OF A 10,266 SQUARE FOOT GROSS FLOOR
AREA MULTI-TENANT OFFICE/RETAIL BUILDING, AS AMENDED, AUTHORIZING A
30-DAY EXTENSION, UPON ISSUANCE OF A CERTIFICATE OF OCCUPANCY, FOR
REMOVAL OF THE TEMPORARY STRUCTURE FROM THE BUILDING SITE.
MOTION CARRIED 5-0.
Mayor Shiely asked for clarification regarding the setback as to what building abutted the
property line, and the Community Development Director responded that it is an apartment
building approximately 50 feet from the properly line.
MOTION BY BAILEY, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 07-075
APPROVING THE PARKING SETBACK VARIANCE FOR PROPERTY AT 7500 $Q
STREET SOUTH.
MOTION CARRIED 5-0
B. Consider approvinq the McHattie Farms Preliminarv Planned Development Overlav Plan.
Mayor Shiely asked for assurance that Council would still have control following approval of a
Preliminary Development Plan (PDO). The Community Development Director confirmed this
and said a final development plan must conform to the preliminary plan, details would be
forthcoming, but the general layout of development should align with what Council is currently
reviewing.
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Regular Meeting — April 18, 2007
Cottage Grove City Council
The Community Development Director described the concept plan (construction of 157
detached single-family homes and 44 twin-home units on approximately 90 acres of land
located south of Military Road, east of Jamaica Avenue, and north of Rose of Sharon
Church), displayed the site map, and stated that Homes by Chase had submitted a
preliminary development plan for a residential development in Neighborhood 1 north of the
East Ravine. He reported that the Planning Commission reviewed the plan on March 26,
there was no public testimony opposing the plan, the proposed concept plan is generally
consistent with the East Ravine Master Plan, and the Commission voted 3-2 to approve the
plan subject to the following conditions: 1) reduce the number of lots with widths less than 85
feet by eliminating the 76-foot lots adjacent to the 100-foo# wide lots (currently, approximately
20% of the sing-family lots are 76-feet wide); 2) an emergency vehicle access or second
street access be provided in the twin home neighborhood; and 3) park and open space areas
should be more clearly defined.
Mayor Shiely invited the developer to address the Council.
Bill Pritchard, Vice President of Land Development for Homes by Chase, 2400 West County
Road 42, Burnsville, greeted Council, thanked City staff for their assistance, and said he
would appreciate Council feedback to ensure that development would proceed correctly. He
made a brief PowerPoint presentation on the proposed plan, pointing out features of a
cornerstone, Jamaica Avenue landscape buffer, varying housing products, open spaces,
connection to pedestrian trails, ponding, quality investment ($380,000-500,000 range), and
housing architecture.
Discussion
Council Member Rice asked the developer what he thought about reducing lots to 85 feet.
Mr. Pritchard responded that one lot would be eliminated with a reduction. Council Member
Rice then asked about losing finro units with the extra fire access for the twin homes.
Mr. Pritchard responded that he had been unaware of the new regulation but said losing the
two lots would be necessary to adhere to code.
Council Member Rice commented he really liked the style of homes and agreed with staff
about making the east side of the road 85-foot lots as a buffer.
Council Member Bailey said the overall concept looks great and agreed with Council Member
Rice and the Planning Commission that he prefers to see 85-foot lots on the east side. He
said he was fine with 76-foot lots along Jamaica and on the east side closer to Military and
was also fine with the differing lot sized. Council Member Bailey recommended that a
permanent road be placed, rather than temporary, for emergency access for the twin homes,
as it would then be set up for future development. He then asked about future plans for
parks. The Community Development Director responded that the City has a tentative
agreement with the Wilder Foundation (owner of the private property) and Minnesota Land
Trust (controller of the conservation easement) for public trails to cross the property under
consideration and that a future community park is to be developed east of the McHattie site
on land owned by the South Washington County Watershed District.
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Regular Meeting — April 18, 2007
Cottage Grove City Council
He added that neighborhood parks serving the McHattie Farms project would be located in
the "eyebrow" open space area along Ravine Parkway.
Mayor Shiely stated her concern that the plan's designation for open space seems insufficient
and access is limited to the 100' lots. The Community Development Director responded that
more final designs would show the parkway to have more trees and shrubs and that the idea
is that access to the open spaces will come along the parkway. Discussion ensued about
eyebrows and park dedication, totaling 1-2 acres, and Council Member Bailey asked that
specific examples of similarly-sized open space be cited at a future Council meeting for the
purpose of visual comparison. Council preference appeared to be getting away from
commercial monuments and having more natural, attractive entryway features. Mr. Pritchard
responded that he is open to working with staff to create a satisfactory result.
Council Member Grossklaus objected to 76-foot lots and said the plan today had changed
from the one presented a year ago. Mr. Pritchard responded that the items proposed last
year had come with increased dollars and the plan didn't receive sufficient support. Council
Member Grossklaus commented that the homes in the plan seem like a lot of what Cottage
Grove already has and he is not impressed.
Council Member Luden said his concern about community access and making it more
amenable for use and help when trying to sell the homes.
The City Administrator summarized Council concerns: support for a permanent finrin-home
roadway the Community Development Director stated the need to reserve judgment
at this time), support for reducing lot sizes, look at whether there should be an eyebrow
design similar to the south side, desire for larger lots relating to the south side, and concern
for eligible land for park dedication.
Mayor Shiely thanked Mr. Pritchard for his presentation and feedback. She then opened the
chamber floor to public comment.
Dave Dubay, 7305 Iverson, said he wished that Council would stay with the standard 85-foot
lot, noting smaller lots remind him of row houses, and expressed deep dislike for monuments,
stating that they do nothing to enhance an area and, instead, create hazards for traffic
because they block views and add weeding maintenance.
The Community Development Director said the next step would be for Homes by Chase to
come back with a preliminary plat and final development plat. Mr. Pritchard responded that
he wouldn't be ready to do that if there wasn't a clear understanding of the concept. Mayor
Shiely agreed and said Council did not wish to be nailed to a plan they could not ultimately
support. It was agreed that the plan would be reviewed again and brought before Council
within the next 60 days.
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Regular Meeting - April 18, 2007
Cottage Grove City Council
C. COf1Sld2f adOptlOCl Of 8 PeSOIUtIOtI SUppOt�itlq IeQlSlatl011 t0 restore LGA to metropolitan
area cities.
Council Member Bailey described Local Government Aid (LGA) history and explained that
Council would be looking at providing a resolution stating that it would like to see changes
made to the current LGA funding formula. He said the idea behind is the disparity befinreen
what metro cities are putting in versus getting versus out state and the difficulty in
determining how support is calculated.
Council Member Grossklaus cautioned that he did not want any monies received to be
considered a budget addition.
Council Member Rice commented that the legislation appears more palatable and he could
now support it.
MOTION BY RICE, SECONDED BY MAYOR SHIELY, TO ADOPT RESOLUTION NO. 07-
076 SUPPORTING HF1534/SF1046, THE METRO NEEDD LGA PROPOSAL AND
INCREASES TO THE LGA APPROPRIATION TO ASSURE THE VIABILITY OF ALL LGA
CITIES.
MOTION CARRIED 5-0
RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS
A. Response to Council reqardinq Kinaston Park vandalism.
The written report from Zac Dockter, Public Works, noted the addition in the last three weeks
of four operational parking lot lights, one high-intensity motion—sensored security light on the
building and a security camera inside the pavilion. At the time of writing, there had been no
vandalism or damage to report of at this site since the upgrades. The City has not received
al invoices for the project but it is expected not to exceed $25,000.
The Deputy Public Safety Director updated Council that over the weekend there had been a
small fire set at a picnic table but there camera footage obtained of the responsible party in
ac#ion would assist the investigation.
B. Response to Council reqardina Compost Facilitv.
The Public Works Director reported that Rumpca Com�anies, Inc. made some improvements
to the Cottage Grove Compost Facility, located at 95 and Glendenning Road, at their own
expense to improve the integrity and safety of the compost site and also discontinued service
on Sunday.
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Regular Meeting — April 18, 2007
Coftage Grove City Council
The City Administrator clarified that the site is really a private venture on private land that
provides benefits to the City but the City is not involved in the business other than facilitating
use of the land, and elimination or reduction of hours of operation is a private business
decision. Council Member Grossklaus added that local sanitation companies are also
available to provide services to residents at a cost if needed.
It was Council consensus that the opportunity to use the compost site is very much
appreciated.
COUNCIL COMMENTS AND REQUESTS
None.
PAY BILLS
MOTION BY RICE, SECONDED BY BAILEY, TO APPROVE PAYMENT OF CHECK
NUMBERS 149679 to 149876 IN THE AMOUNT OF $671,422.98.
MOTION CARRIED 5-0.
WORKSHOP SESSION — OPEN
None.
WORKSHOP SESSION — CLOSED
None.
ADJOURNMENT
MOTION BY BAILEY, SECONDED BY GROSSKLAUS, TO ADJOURN THE MEETING AT
9:28 P.M.
MOTION CARRIED 5-0.
Respectfully submitted,
Mary Heintz
TimeSaver Off Site Secretarial, Inc.
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