Loading...
HomeMy WebLinkAbout2006-12-06 MINUTESREGULAR MEETING COTTAGE GROVE CITY COUNCIL December 6, 2006 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 minutes per issue. Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Karla Bigham Council Member Mark Grossklaus Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Ron Hedberg, Finance Director Corrine Thomson, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Les Burshten, Public Works Director There being no speakers, Mayor Shiely closed the Open Form at 7:15 p.m. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, December 6, 2006, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Sandy Shiely called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor Sandy Shiely Council Member Myron Bailey Council Member Karla Bigham Council Member Mark Grossklaus Council Member Pat Rice Also Present: Ryan Schroeder, City Administrator Howard Blin, Community Development Director Ron Hedberg, Finance Director Regular Meeting — December 6, 2006 Cottage Grove City Council Page 2 Corrine Thomson, City Attorney Jennifer Levitt, City Engineer Craig Woolery, Public Safety Director Les Burshten, Public Works Director Mayor Shiely presided over the meeting. ADOPTION OF AGENDA MOTION BY BIGHAM, SECONDED BY BAILEY, TO APPROVE THE AGENDA AS PRESENTED. MOTION CARRIED 5-0. PRESENTATIONS A. Fire Services Chief Bob Bverly for completion of NFA Executive Fire Officer Proqram. Craig Woolery, Public Safety Director, described Fire Services Chief Byerly's background and training for the four-phase National Fire Academy Executive Fire Officer Program, of which he was one of only 20 Minnesota graduates in its 19-year history. He presented the award and Fire Services Chief Byerly extended his thanks to all who offered support. Mayor Shiely then expressed thanks to Fire Services Chief Byerly on behalf of the citizens of Cottage Grove. B. Snowmobile and Winter Parkinq Requlations Presentation bv Police Serqeant Mike Coffey• Police Sergeant Coffey reported on current and updated regulations regarding snowmobile and winter parking regulations. Snowmobiles Governed by: • Minnesota State Statute Section 84 o Maximum speed is 50 mph. o Current registration must be displayed. o Snowmobiles must stay off roads, shoulders and inside slopes of roads. o At night, snowmobiles must operate in the same direction as flow of traffic. o No riding is allowed in median of four-lane roads. o For snowmobilers born after December 31, 1976, must have safety certificate. • Cottage Grove City Code, Title 6, Chapter 6 o Maximum speed is 30 mph on city streets. o Snowmobiles must have a"deadman's" release throttle. o Snowmobilers must wear helmets. o Snowmobiles must be driven on designated trails and/or directly to/from those trails and/or on private property with owner permission. Recommended website: Regular Meeting — December 6, 2006 Cottage Grove City Council Page 3 www.startrail.orq o Snowmobiles must be driven on extreme right-hand side of the road in single file. Snowmobile restrictions: • Cannot be driven on Jamaica Avenue between 70 and East Point Douglas Road, on boulevards, at parks and schools, or any area posted "no snowmobiles." • Hours of operation limited to 7 a.m. to 10 p.m. Sunday through Thursday, 7 a.m. Friday to 1 a.m. Saturday, 7 a.m. Saturday to 1 a.m. Sunday, with exceptions on the designated trail system and a snow emergency declared by the mayor. Enforcement of snowmobile restrictions is by the Minnesota Department of Natural Resources, Washington County Sheriff's Department Lakes and Trails Unit, and local police department and snow patrol. Winter Parkinq Regulated by City Ordinance 6-2-1, October 1 through April 30, 2 a.m. to 6 p.m. every day, for snow and ice mitigation, and owners must remove vehicles from streets within 15 minutes of any city employee requesting them to do so. Updates: 1) O�cers will issue Washington County Court Citations for violations, resulting in $25 fines and/or up to warrant for arrest if unpaid; 2) Violation towing charge of $94.55 by Southeast Towing plus $20 storage charge per day and $24 court fine for each tag. Mayor Shiely thanked Sergeant Coffey for his presentation. APPROVAL OF MINUTES None. CONSENT CALENDAR Mayor Shiely noted that Council Members received updated information at the table for Items E and N. MOTION BY RICE, SECONDED BY BAILEY, TO: A. ACCEPT AND PLACE ON FILE THE PLANNING COMMISSION MEETING MINUTES FROM OCTOBER 23, 2006. B. APPROVE THE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE EMERGENCY MEDICAL SERVICES AND HEALTH EMS (SCANHEALTH) EFFECTIVE JANUARY 1, 2007, AND AUTHORIZE THE CITY ADMINISTRATOR AND DIRECTOR OF PUBLIC SAFETY TO EXECUTE THE AGREEMENT. C. AUTHORIZE THE PURCHASE OF FOUR (4) 2007 FORD CROWN VICTORIA POLICE INTERCEPTOR REPLACEMENT VEHICLES FROM THE 2006 BUDGET FOR $23,576 PER UNIT. Regular Meeting — December 6, 2006 Cottage Grove City Council Page 4 D. AUTH�RIZE A VARIANCE TO CITY CODE 7-3-4-G TO ALLOW THE POSSESSION OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT LAMAR PARK DURING THE 2007 STRAWBERRY FEST ADULT SOFTBALL TOURNAMENT. E. ADOPT RESOLUTION NO. 06-240, A RESOLUTION CERTIFYING DELINQUENT UTILITY BILLS TO THE PROPERTY TAX ROLLS FOR PAY 2007. F. ADOPT RESOLUTION NO. 06-241, A RESOLUTION CALLING FOR A PUBLIC HEARING ON DECEMBER 20, 2006 TO CONSIDER THE PROPOSED 2007-2011 CAPITAL IMPROVEMENT PLAN. G. ADOPT RESOLUTION NO. 06-242, A RESOLUTION APPROVING FINAL PAYMENT FOR THE 2005 TRAIL IMPROVEMENT PROJECT TO ACE BLOCKTOP, INC., FOR $5,830.00. H. ADOPT RESOLUTION NO. 06-243, A RESOLUTION APPROVING FINAL PAYMENT FOR THE 95 STREET AUTOBODY, PLASTIC RESOURCES AND ICC UTILITY AND TRAIL IMPROVEMENTS, TO DANNER INC., FOR $28,909.44. I. ADOPT RESOLUTION NO. 06-244, A RESOLUTION APPROVING FINAL PAYMENT FOR THE 65 STREET WATER MAIN EXTENSION AND HADLEY AVENUE REALIGHMENT PROJECT TO BARBAROSSA AND SONS, INC., FOR $9,459.20. J. ADOPT RESOLUTION NO. 06-245, A RESOLUTION APPROVING FINAL PAYMENT FOR THE 2001 FLOOD DAMAGE REPAIRS PROJECT TO DANNER, INC., FOR $73,446.55.. K. ADOPT RESOLUTION N0.06-246, A RESOLUTION APPROVING AN AMENDMENT TO THE LIGHTHOUSE BAPTIST CHURCH'S CONDITIONAL USE PERMIT TO CONSTRUCT A 24-FOOT BY 32-FOOT ACCESSORY STRUCTURE ON THE SOUTH SIDE OF THE EXISTING CHURCH AT 9979 80 STREET SOUTH. L. ADOPT RESOLUTION NO. 06-247, A RESOLUTION ORDERING THE ABATEMENT OF NUISANCE CONDITIONS AT 7092 IRVIN AVENUE SOUTH. M. ADOPT RESOLUTION NO. 06-248, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW CINGULAR WIRELESS TO MOUNT SIX WIRELESS COMMUNICATION ANTENNAS ON TOP OF THE CITY'S WATER TOWER AT 8520 81 STREET AND TO CONSTRUCT AN EQUIPMENT SHELTER ON THE NORTH SIDE OF THE WATER TOWER. N. 1) PASS ORDINANCE NO. 809, AN ORDINANCE AMENDING FEES EFFECTIVE JANUARY 1, 2007 FOR WATER, SANITARY SEWER, AND STORM WATER USAGE; STREET LIGHTS; AMBULANCE SERVICE; PARKS AND RECREATION; GOLF COURSE; ICE ARENA; PLANNING; POLICE; AND SEWER AVAILABILITY AS OUTLINED IN REFERENCED TABLE. 2) ADOPT RESOLUTION NO. 06-249, A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE ESTABLISHING 2007 FEES BY TITLE AND SUMMARY. , u• •► _:: � � RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. Regular Meeting — December 6, 2006 Cottage Grove City Council Page 5 PUBLIC HEARING None. BID AWARDS A. Award Bid for the Deep Well No. 9 Maintenance Proiect to E.H. Renner & Sons, Inc. in the amount of $76,056.00 MOTION BY RICE, SECONDED BY GROSSKLAUS, TO ADOPT RESOLUTION NO. 06- 250, A RESOLUTION AWARDING THE BID FOR THE DEEP WELL NO. 9 MAINTENANCE PROJECT TO E.H. RENNER & SONS, INC. FOR $76,056.00. MOTION CARRIED 5-0. UNFINISHED AND NEW BUSINESS A. Approve a Zoninq Amendment to Rezone Approximatelv 128 Acres of Land from R-1, Rural Residential, and R-2, Residential Estate, to R-2.5, Residential, and Planned Development Overlav (PDO), and a Preliminarv Plat for the Walden Woods Subdivision Consistinq of 206 Lots for Sinqle-Familv Residential Homes and 11 Outlots Mayor Shiely stated that staff's memo recommended denial of the rezoning amendment and then requested the Community Development Director's report. The Community Development Director, Howard Blin, displayed the aerial view of Walden Woods showing the nine parcels over 128 acres, the plat drawing, and reported that the Planning Commission determined that all lots should meet the 85-foot width requirement, Blin then described four key issues for the development: • Tree removal is significant at 70%. However, the developer requested that the following not be included in the tree count: 1) the tree plantation in the northeast quadrant (651 pine trees planted 15-18 years ago, now 15-18 feet in height, and planted in a straight row and intended as an agricultural commodity) and 2) soffinrood trees (City ordinance does not make a distinction between hardwood and soffinrood, which would result in the developer making payment to the City in excess of $1 million to mitigate the trees). • Utilities. Four options to serve the sight include: 1) all utilities coming from the east with a deep central sewer line, 2) utilities coming from the east with a lift station, 3) finro options with utilities coming off Hadley Avenue. The Community Development Director reported that city staff recommended selection of the Hadley option, to eliminate duplication of utility lines and provision for water main looping, but with effort to maintain the rural character of the area. • Trail corridors. The Community Development Director displayed the drawing demonstrating trails and sidewalks in the area. He described the proposal that would provide a link connecting the east side of Hadley to the Silverwood trail, which resulted in Regular Meeting — December 6, 2006 Cottage Grove City Council Page 6 concerns of existing property owners. Mayor Shiley invited the applicant to address the Council. Steve Boynton, Platinum Development Group, 100 Second Street N.E., Minneapolis, described the history of the development project and stated that the ninth version was under consideration, which attempted to address City policies and neighbor concerns. He said the project had been reduced from three to two neighborhoods and the applicant was asking for leniency on the 85-foot width requirement. Mayor Shiely inquired whether any (of the nine) versions in the last finro months had responded to Planning Commission concerns. Mr. Boynton responded affirmatively, noting that several lots in the cul-de-sacs had been changed to comply with the 85-foot requirement. Mayor Shiely stated that the Planning Commission had issue with regard to the tree preservation ordinance and inquired about the developer's payment to the City for tree mitigation. Mr. Boynton responded that the amount would be $1,425,150. He then explained that Cottage Grove had duplicated Eagan's tree preservation ordinance with the exception of the woodlands definition, defining a healthy tree as measuring 6" in diameter for hardwood deciduous trees and 12" for softwoods. He said the amount would be reduced to $771,000 if trees were counted as it seemed the ordinance was contemplated, being 6" hardwood and � 12" softwood, and $501,000 if the plantation trees were not included in the count. Council Member Rice commented that something should be able to be worked out to incorporate developments into existing wooded areas without reducing integrity. Mr. Boynton responded that efforts were made to maintain trees, including the developer's plan to build pad sites and grade on their own to ensure City compliance. Mayor Shiely commented that the developer was fulty aware of the City's tree preservation ordinance during all of the project versions. Mr. Boynton responded that they were aware of the ordinance but not how trees would be counted differently. He said the City's comprehensive plan stated that developers would be responsible for building trailway connections and the City would be responsible for creating pedestrian walkways and bikeways. He stated that the developer had concern about giving up the land and constructing the trail but not receiving full credit for the land. Mr. Boynton added that the developer would be fine with what the City desires regarding utilities. Mayor Shiely asked for audience comment. Ron Reimann, 6120 Hadley Avenue South, stated that he lived across from the proposed development site and described the issues raised by the West Draw Task Force, also expressing disappointment that policies, standards, and principles had not been well observed in the development of the area. He said he had no issue with what the applicant wants to do, who has been considerate, but had issues regarding access on Hadley, keeping Hadley rural, buffering, and declining sewer and water services. Regular Meeting — December 6, 2006 Cottage Grove City Council Page 7 Devon Dressley, 6255 Hadley Avenue South, stated that her family had built their Cottage Grove home in 1994 because of the rural residential setting and three-acre lot specification. She then displayed photos of her home and said she wasn't against the proposed project development but requested that lots be larger around the existing land owners. Ms. Dressley expressed concern about the trail being so close to her home and that she wished to raise her family in a private rural environment, to have homes around but not lose all privacy, just as the West Draw Task Force had envisioned into 2020. Mayor Shiely asked what the advantage would be if the tree ordinance was observed. The Community Development Director responded that the developer could go with smaller lots to meet tree preservation for R-2.5. Council Member Grossklaus stated that he supported the West Draw Task Force and had concerns about Hadley Avenue South, the tree ordinance, adherence to 85-foot lots, and said he could not support approving the development at this point. Council Member Bigham said she concurred with Council Member Grossklaus, supported the West Draw Task Force, could not approve rezoning, was empathetic to the current rural home owners, and had a huge problem with tree removal. Council Member Bailey said he understood the developer's tree concerns, thought some custom grading would be able to save quite a few trees, and the problem in the northwestern area could be remedied by placing similarly-sized lots next to those larger lots. He added that Hadley Avenue sewer and water was a separate issue but he would have concerns about the high cost of installing second pipes. Council Member Rice said he was against the whole project and was disappointed that the largest land owner who initially wished to preserve trees and large lots in the area now had his lot up for sale. He expressed concern about square and triangular lots being proposed and that there appeared to be no imagination with regard to use of land or the trail. Council Member Bigham suggested more discussion and consideration by Hadley Avenue residents regarding the difference between $1 and $2.5 million on resurfacing and redoing work. Mr. Boynton asked for guidance from Council regarding disinterest and potential reworking, whether there was a majority of Council for reconsideration. Mayor Shiely said she would not want Council to be held to table the issue. She also complimented the Planning Commission in their struggle and that she did not favor doing a lot to Hadley Avenue, disturbed that there was not a plan for a trail through the proposed development that did not infringe on existing properties. She said communities need to provide differing lifestyles including affordable housing and those of 1-3 acres of land, and/or a hobby farm, and any proposed development in the 128 acres would need to be buffered and well thought out. Regular Meeting — December 6, 2006 Cottage Grove City Council Page 8 MOTION BY RICE, SECONDED BY BAILEY, TO ADOPT RESOLUTION NO. 06-251, A RESOLUTION DENYING A REZONING APPLICATION AND PRELIMINARY PLAT APPLlCATION OF PLATINUM DEVELOPMENT FOR THE WALDEN WOODS PROPOSED DEVELOPMENT. MOTION CARRIED 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Mayor Shiely offered reminders about the Holiday Train on Tuesday from 5:30 p.m. to 6:30 p.m. at the Belden Avenue Crossing and the pancake breakfast at St. Rita's Church on December 10, with all proceeds going to the food shelf. PAY BILLS MOTION BY BIGHAM, SECONDED BY GROSSKLAUS, TO APPROVE PAYMENT OF CHECK NUMBERS 147841 TO 148062 FOR $731,143.42. MOTION CARRIED 5-0. ORKSHOP SESSION — OPEN None. WORKSHOP SESSION — CLOSED The Mayor temporarily adjourned the regular meeting to a closed Workshop session to evaluate the City Administrator's perFormance but noted that a printed record of the discussion would not be available for a few days. ADJOURNMENT The regular meeting adjourned at 9:53 a.m. RespectFully submitted, Mary Heintz TimeSaver Off Site Secretarial, Inc.