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HomeMy WebLinkAbout2015-10-07 MINUTES MINUTES COTTAGE GROVE CITY COUNCIL COUNCIL CHAMBER 12800 RAVINE PARKWAY SOUTH OCTOBER 7, 2015 OPEN FORUM – 7:15 P.M. The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Justin Olsen, Council Member Jen Peterson, Council Member Dave Thiede. Alene Colvin, 8321 81st Street Lane South, stated the Renaissance Festival had one more year at their current location and suggested Cottage Grove look into hosting the event. As no one else wished to speak, Mayor Bailey closed the Open Forum. REGULAR MEETING – 7:30 P.M. CALL TO ORDER – Mayor The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on October 7, 2015, at Cottage Grove City Hall, 12800 Ravine Parkway South. Mayor Bailey called the meeting to order at 7:30 p.m. PLEDGE OF ALLEGIANCE The audience, staff, and Mayor and City Council Members recited the Pledge of Allegiance. ROLL CALL – City Clerk The following were present: Mayor Myron Bailey, Council Member Steve Dennis, Council Member Justin Olsen, Council Member Jen Peterson, Council Member Dave Thiede. Also present were: Charlene Stevens, City Administrator; Korine Land, City Attorney- LeVander, Gillen & Miller, PA; John Burbank, Senior Planner; Ryan Burfeind, Project Engineer; Les Burshten, Public Works Director; Zac Dockter, Parks and Recreation CITY OF COTTAGE GROVE 12800 Ravine Parkway Cottage Grove, Minnesota 55016  www.cottage-grove.org 651-458-2800 Fax 651-458-2897 Equal Opportunity Employer  Cottage Grove City Council October 7, 2015 Page 2 Director; Joe Fischbach, HR Manager/City Clerk; Pete Koerner, Deputy Director of Public Safety/Police Captain; Jennifer Levitt, Community Development Director/City Engineer; Sharon Madsen, Communications Coordinator; John McCool, Senior Planner; Molly Pietruszewski, Recreation Supervisor; Robin Roland, Finance Director; Craig Woolery, Public Safety Director. 1. ADOPTION OF AGENDA Motion by Council Member Olsen, second by Council Member Thiede, to approve the agenda as presented. Motion carried 5-0. 2. PRESENTATIONS A. Mayor Bailey and the Council welcomed Charlene Stevens as the new City Administrator and presented Interim City Administrator Craig Woolery with a plaque in appreciation for the work he had done. B. Inclusive Playground Task Force. Recreation Supervisor Pietruszewski presented information on the Task Force and said the goal is to build the playground at Woodridge Park in 2016. C. Certificate of Appreciation to Gail Lundgren. The Mayor, City Council members, Director Woolery, and City staff recognized Ms. Lundgren for her voluntary contributions of picking up trash along City streets and presented her with a certificate acknowledging her efforts. 3. APPROVAL OF MINUTES A. September 16, 2015 Special Meeting. B. September 16, 2015 Regular Meeting. Mayor Bailey and the City Council members approved the minutes as presented. 4. CONSENT CALENDAR Council Member Olsen referenced Item B and thanked the Cottage Grove Lions for helping with the annual Friends in Need Food Shelf fundraiser, and Item D to recommend the appointment of Sam Awad to the Planning Commission. Motion by Council Member Thiede, second by Council Member Dennis, to approve the Consent Calendar. Motion carried 5-0. Cottage Grove City Council October 7, 2015 Page 3 A. Accept and Place on File the Following Minutes: Planning Commission Meeting Minutes from August 24, 2015. B. Authorize issuance of a temporary 3.2% liquor license to the Cottage Grove Lions for October 11, 2015 at Hope Glen Farms, 10276 East Point Douglas Road. C. Adopt Resolution 2015-099 awarding the contract for the Well No. 9 Maintenance Projects to Keys Well Drilling Co. in the amount of $41,690. D. Appoint Sam Awad to a term on the Planning Commission ending 2/28/2018. E. Approve the Eastridge Woods 4th Addition Development Agreement Amendment to Section 2 titled “Conditions of Approval,” subsection “c” that requires the final plat to be recorded within six months of the date of approval to a June 17, 2016 deadline. F. Approve Change Order No. 2 in the amount of $5,563 for the 2015 Woodridge Building project. G. Authorize Public Works to sell a 1996 Towmaster Trailer 31-7019-96 and surplus pool benches online. H. Adopt Resolution 2015-100 approving the feasibility report and establishing a November 4, 2015 public improvement hearing date for the Jamaica Avenue street and utility project. I. Accept the Certified Local Government Grant in the amount of $550.48 from the Minnesota Historical Society. J. Approve the 2015 – 2017 Police Sergeants (LELS Local 138) Labor Agreement. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. 6. PUBLIC HEARINGS A. 1. Hold a public hearing considering assessments for the 2015 Pavement Management Project. 2. Consider adopting a resolution adopting the assessments. Engineer Burfeind presented information on the neighborhoods and streets affected by the Pavement Management Project. He explained that due to Municipal State Aid (MSA) funding paying for the 90th Street portion of the project, statutes restrict on-street parking. Engineer Burfeind and Director Levitt reviewed the assessment process and various aspects of the project with Council. Mayor Bailey opened the public hearing. The following residents spoke at the public hearing: Marilyn Witzel,10649 Grey Cloud Trail South, raised the following questions and concerns: Cottage Grove City Council October 7, 2015 Page 4  Asked if nearby developments would be assessed for future repair of Hadley th Avenue from 90 Street consistent with the Grey Cloud Trail project.  Felt the damage to Grey Cloud Trail had been caused by Aggregate Industries trucking operations.  Asked why properties on the river were assessed more than others.  Asked why one property was not assessed at all. Director Levitt responded:  Developments along Hadley Avenue would be assessed as they were along Grey Cloud Trail.  Second Benefit Appraisal was conducted as directed by Council.  Waterfront and non-waterfront properties have differing market values and acreage plays a key role in valuation.  Aggregated Industries paid $92,000 in assessment fees in addition to donating $30,000 of aggregate used in the project. Curt Gottlieb, 8842 90th Street South, raised the following questions and concerns:  Felt 90th Street was more dangerous after the project because of speeding vehicles and no stop signs.  Said property values along 90th Street had decreased because no on-street parking was allowed.  Requested that two blocks of 90th Street be exempt from the no on-street parking requirement. Terry Knutson, 8826 90th Street South, raised the following questions and concerns:  Requested something be done about speeding vehicles along 90th Street.  Said they were never notified that there would be no on-street parking on 90th Street.  Felt a sidewalk should be installed on their side of the street. Scott Schmidt, 8818 90th Street South, raised the following questions and concerns:  Asked why the State only allowed on-street parking by Woodridge Park but not by their homes.  Felt that 90th Street is more dangerous after the project.  Suggested that stops signs are needed on 90th Street. Warren Lund, 8834 90th Street South, raised the following questions and concerns:  Felt 90th Street is dangerous to cross.  Asked if no on-street parking is allowed because 90th Street is a State Aid Highway.  Said an inoperable streetlight had not been repaired despite his requests. Cottage Grove City Council October 7, 2015 Page 5  Cited unfinished site restoration work in the project zone. Director Levitt recommended that the 90th Street residents’ concerns be presented to a joint meeting of the Public Safety, Health and Welfare Commission and Public Works Commission, and that Public Safety enforcement could address the speeding issues immediately. She noted that MSA-funded roads are required to have an 8-foot shoulder for on-street parking to be allowed. Mayor Bailey commented that the City would seek resident involvement in the sidewalk issue, noting that some residents may not want a sidewalk in their front yards. He reiterated that Public Safety would increase traffic enforcement along th 90 Street. Engineer Burfeind said different agencies are involved with the streetlights, and electrical work was scheduled to begin later in the week. Sue Gille, 10657 Grey Cloud Trail South, raised the following questions and concerns:  Questioned whether the assessment policy was being followed consistently regarding residential and commercial properties.  Asked if the City paid an assessment for a City-owned lot on Grey Cloud Trail.  Asked about the difference in assessments for waterfront vs non-waterfront properties. Director Levitt replied:  The City pays assessments on City-owned property within the project area, the same as any other property.  Aggregate Industries’ $92,000 in assessment fees was used to lower the overall project cost.  Special Assessments on commercial properties are based on waterfront footage and acreage of lot.  In many cases the assessment policy generates a higher assessment than what a Special Benefit Appraisal can support and the assessment is capped at the Special Benefit Appraisal value. Mark Gabel, 10655 Grey Cloud Trail, raised the following questions and concerns:  Stated that they live on a privately-maintained dirt road off the Grey Cloud Trail project and are asked to pay more than 1% of the project cost.  Said the roadway was deemed substandard for a 6-ton designation, yet the City allowed Aggregate Industries to drive 9-ton trucks and destroy the road.  Said Special Benefit Appraisal was done and residents on waterfront were assessed about twice as much as others. Cottage Grove City Council October 7, 2015 Page 6  Felt assessment based on market value increase as a result of the project was double taxation.  Felt the Grey Cloud Trail assessment should be based on usage (trip frequency and weight). Sherri Lacasse, 10659 Grey Cloud Trail, raised the following questions and concerns:  Wanted a clear understanding of the assessment.  Felt Aggregate Industries wasn’t paying their fair share of the project, had destroyed the road, and that residents were paying for it.  Said seven residential properties are footing a bill of over $46,000.  Said her property is less than 2 acres and she’s being assessed $7,833. Director Levitt noted that the Grey Cloud Trail project specified a 9-ton road. She said residents who live on private roads are also assessed for public improvements in a project area, which is consistent with assessment projects elsewhere in the City. Council Member Olsen asked about the stated concern of “double taxation.” Attorney Land replied that a Special Benefit Appraisal has to prove there’s a benefit to the property and the Assessor determines the property value based on the improvement. Council Member Olsen asked about the methodology to determine that Aggregate Industries had made an adequate contribution to the project (assessment plus donation of materials). Engineer Burfeind stated that calculations had been made on the number and size of loads Aggregate Industries would be hauling due to the Stillwater bridge project and the effect it would have on the road, and that they couldn’t be assessed higher because the road was already at the end of its life. Council Member Olsen felt that Aggregate Industries caused the most wear on the road, and to a lesser extent the Mississippi Dunes Golf Course patrons, with the least by the residents who actually live there. Engineer Burfeind replied that the assessment looks at who accesses the road and that plays into it. Director Levitt stated that Aggregate Industries usage has been monitored to ensure they have not exceeded that allowed by their interim conditional use permit. Engineer Burfeind spoke about waterfront versus non- waterfront property, which is based on acreage. Attorney Land stated that if anyone wishes to object to their assessment in order to preserve their right to appeal, they must: Cottage Grove City Council October 7, 2015 Page 7 1)File a written notice of objection to the assessment tonight, before the end of the meeting. 2)Within 30 days of the adoption of the assessment role serve an assessment appeal on the Mayor or the City Clerk. 3)File the assessment appeal with the Washington County District Court in Stillwater within ten days of service on the Mayor or the City Clerk. Sue Gille, 10657 Grey Cloud Trail South, raised the following questions and concerns:  Asked why the assessment for seven home totaled approximately $56,000 while Mississippi Dunes assessment totaled $28,000, and if there was a special assessment for Mississippi Dunes on top of that. Engineer Levitt replied that the special assessment took into account the waterfront footage and access. Kelly Gabel, 10655 Grey Cloud Trail South, raised the following questions and concerns:  Said four residential properties along the river were assessed close to $32,000 while Mississippi Dunes, a commercial property, was paying almost $4,000 less in assessments.  Felt the assessment formula wasn’t transparent and requested information on how the assessment calculations are done. Engineer Burfeind replied:  Total Grey Cloud Trail project costs totaled lower than original estimates.  Originally, special assessments were estimated at $10,600, but final assessments were $9,097.50.  Some properties were capped by Special Benefit Appraisals. Marilyn Witzel,10649 Grey Cloud Trail South, raised the following questions and concerns:  Stated that the assessment formula is too confusing and should be based on acreage. Mark Gabel, 10655 Grey Cloud Trail, raised the following questions and concerns:  Felt State funding should have been used for the project.  Felt the assessment formula was flawed and unfair. Mayor Bailey and Director Levitt explained that Grey Cloud Trail is not a State Aid Highway and does not qualify for funding. Director Levitt explained the State Aid Highway system. As no one else wished to address the Council, Mayor Bailey closed the Public Hearing. Cottage Grove City Council October 7, 2015 Page 8 Motion by Council Member Olsen, second by Council Member Peterson, to adopt Resolution 2015-101 adopting the assessments. Motion carried 4-1(nay by Council Member Thiede). Mayor Bailey called for a five-minute break to allow any citizens who wanted to file objections to do so. B. Hold the public hearing considering assessments for the removal of weeds on private property and consider adopting a resolution adopting the assessments. Director Roland reviewed the City Code and abatement process. She asked the Council to hold the Public Hearing and adopt the assessment role with the exception of the assessment for Shay Distributing Company, who had since paid their outstanding invoice of $2,112.50, changing the assessment total to $4,821.25 for the remaining properties. Mayor Bailey opened the Public Hearing; as no one wished to speak, Mayor Bailey closed the Public Hearing. Motion by Council Member Olsen, second by Council Member Dennis, to adopt Resolution 2015-102 adopting the assessments with the removal of the Shay Distributing Company assessment. Motion carried 5-0. C. Hold the public hearing considering assessments for the removal of hazardous conditions on private property and consider adopting a resolution adopting the assessments. Director Roland reviewed Minnesota State Statute 463 giving cities authority to assess costs associated with the removal or elimination of public health or safety hazards from private property. She outlined the abatement process. Mayor Bailey opened the Public Hearing; as no one wished to address the Council, Mayor Bailey closed the Public Hearing. Motion by Council Member Peterson, second by Council Member Thiede, to adopt Resolution 2015-103 adopting the assessments. Motion carried 5-0. D. 1. Hold the public hearing considering vacation and discontinuance of all existing drainage and utility easements located within Lots 1 and 2, Block 1, Cottage Grove Plaza 2nd Addition. Planner McCool stated the area proposed to be re-platted involved Lots 1 and 2 of the Grove Plaza second addition, and new easements would be rededicated with the final plat of the new Grove Plaza third addition. Cottage Grove City Council October 7, 2015 Page 9 Mayor Bailey opened the Public Hearing. Bernie Hesse, 266 Hardman Avenue North, South St. Paul, addressed the Council as a representative of the Food & Commercial Workers Union, who represents workers in retail grocery, etc. Mr. Hesse raised the following questions and concerns:  Requested that the applicant developing the property waive the 60-day review deadline and allow questions to be answered in a thoughtful manner.  Stated it is a large project with a lot of water and traffic issues, which they’d like to study more deeply.  Requested a study on the economic impact to existing businesses and potential job loss to other retailers.  Asked whether there was a retention plan for businesses that might get displaced.  Asked about future impact to City services (Police, Fire, and EMS), the number of full-time jobs, and whether workers could decide to join a union or not.  Asked if the applicant intends to use local construction companies and do local hiring. As no one else wished to speak, Mayor Bailey closed the Public Hearing. Motion by Council Member Thiede, second by Council Member Dennis, to adopt Resolution 2015-104 vacating and discontinuing all existing drainage and utility easements located within Lots 1 and 2, Block 1, Cottage Grove Plaza 2nd Addition, and authorizing the City Clerk to submit a Notice of Completion of Vacation to Washington County. Motion carried 5-0. 7. BID AWARDS – None. 8. UNFINISHED AND NEW BUSINESS A. Consider approving the preliminary and final plats, site plan review, conditional use permit, variance, and interim conditional use permit applications filed by Hy-Vee, Inc. for the redevelopment of the west half of Grove Plaza Shopping Center including the construction of a grocery store and gas station/convenience store. Planner McCool outlined the application process and the public hearings that were held by the Planning Commission on September 28, noting resident concerns about outdoor lighting along the back of the store, and storm water management for the site. He said the current holding pond would be replaced with an underground system, and landscaping improvements would be made to the site. Cottage Grove City Council October 7, 2015 Page 10 Phil Hoye, spoke on behalf of Hy-Vee and provided background on the company. Mayor Bailey, City Council Members, and Mr. Hoye discussed business operations and a projected opening date, which had yet to be determined. Mayor Bailey asked if anyone wanted to address the Council Bob Shannon, 8412 Granada Avenue South, asked when the construction would begin. Mayor Bailey stated negotiations were still taking place a date had not yet been set for construction to begin. Motion by Council Member Thiede, second by Council Member Dennis, to adopt Resolution 2015-105 approving the preliminary and final plats, site plan review, conditional use permit, variance, and interim conditional use permit applications filed by Hy-Vee, Inc. Motion carried 5-0. B. 1. Consider approving the Developers Agreement with Hy-Vee, Inc. and authorize the City Attorney to make any necessary language modifications that do not impact financial obligations. 2. Consider approving the Developers Agreement with Grove-Rainbow and authorize the City Attorney to make any necessary language modifications that do not impact financial obligations. Director Levitt highlighted various aspects of the development agreements with Hy-Vee and Grove-Rainbow, including a $400,000 grant from the South Washington Watershed District for site stormwater improvements. Director Levitt requested the Council to approve the Developers Agreement with Hy-Vee, but not to take action on the Grove-Rainbow Developers Agreement tonight. Attorney Land stated there were several contingencies in the Grove-Rainbow Agreement that were critical, including closing on the properties involved and assuring the inspections of the Home Depot building are satisfactory, and amendments to the Restrictive Covenants that are currently in place to the satisfaction of all parties involved in the TIF District and REA. She said the EDA was uncomfortable with the holding period so she made modifications to the purchase agreement and changed the contingency timeframe to a 30-day contingency period with an additional 30 days to close after that, and until both parties sign the purchase agreement, the 30-day timeframe doesn’t begin. Motion by Council Member Dennis, second by Council Member Thiede, to approve the Developers Agreement with Hy-Vee, Inc. and authorize the City Attorney to make any necessary language modifications that do not impact financial obligations. Motion carried 5-0. Cottage Grove City Council October 7, 2015 Page 11 C. Consider approving a zoning text amendment to City Code Title 11, Chapter 4, Special Zoning Provisions, to add Section 10, Solar Collector Systems. Planner McCool said the Planning Commission has been working on a solar collection ordinance for the past three months, a joint workshop between the Planning Commission and the Environmental Commission was held in August, and the Planning Commission held the Public Hearing in September. Council Member Olsen suggested that the Planning Commission revisit the transition zones and/or the map. Planner McCool felt that there will be other land owners who will want to be part of the map and it will be a process of identifying which properties will be permitted to allow for collector systems. Council Member Thiede asked about moving forward with the residential part and holding off on the commercial or solar farm systems. Planner McCool said it was all part of the same ordinance, but it could be split out by not approving the collector garden solar systems or solar farms in the community until that was addressed. Mayor Bailey stated he had an issue with the map because the City is about to enter into a Comprehensive Plan Review, and he had no desire to give up land in the MUSA, and that the transition areas would be reviewed in the near future. Mayor Bailey said initially he felt they should do nothing for a year but staff felt differently. Council Member Thiede asked about City taxation on the output of solar farms. Attorney Land replied that there is no legislative authority and only the increased value of the land would affect City taxes. Mayor Bailey asked if anyone wished to address the Council: William Cookson with SunShare, 609 S. 10th Street, Minneapolis, Minnesota, spoke about solar gardens and suggested that sending the issue back to the Planning Commission would allow for more discussion, but he would be pleased to see the Council approve Option 1 of the ordinance this evening. John Kooyman, 6749 Geneva Avenue South, stated they wanted to put a ground mount in, that they applied for a permit in May but Cottage Grove didn’t have an ordinance and that’s what they’ve been waiting on. He suggested separating the residential and commercial portions of the ordinance to allow for the residential portion to go through and added that his property is outside the MUSA and the transition area. Cottage Grove City Council October 7, 2015 Page 12 Gary Borner, 8615 Lamar Avenue South, said they are interested in working toward a community solar garden project on their land and spoke in favor of approving Option 3. Motion by Council Member Olsen, second by Council Member Dennis, to pass Ordinance 948 by approving Option 3 of the zoning text amendment to City Code Title 11, Chapter 4, Special Zoning Provisions, to add Section 10, Solar Collector Systems, along with the residential provisions as written. Motion carried 5-0. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS – None. 10. COUNCIL COMMENTS AND REQUESTS Council Member Dennis requested the City’s IT Department conduct a software compatibility study for all Council Members to ensure they have up-to-date versions of the operational software programs used by the City. Council Member Dennis suggested changing Council Meetings to a 7:00 p.m. start time, begin with Call to Order, Pledge of Allegiance, Roll Call, and then incorporate Open Forum into the meeting process. Council Member Dennis requested a review and update to the City’s Purchasing Policy to specify local purchasing for goods and services. Council Member Dennis said October is Domestic Violence Awareness Month and highlighted resources available for assistance. Council Member Olsen stated he and Council Member Dennis recently wrote an article for the South Washington County Bulletin regarding development and “Shop Cottage Grove,” and will be holding a business summit in Cottage Grove. Council Member Peterson stated October 15 is the Cottage Grove “Beyond the Yellow Ribbon” network’s first monthly burger bash fundraiser at the VFW Red Barn. Council Member Peterson stated the Red Rock Corridor Commission is currently evaluating route options through this area for the BRT (Bus Rapid Transit). There is a survey on the website, www.redrockcorridor.com, for you to give feedback on how you’d use BRT in the corridor. Council Member Thiede responded to Council Member Dennis’ comment and noted that the City’s IT department is currently looking at strategic plans and optimizing software systems. Cottage Grove City Council October 7, 2015 Page 13 Mayor Bailey said Council Meeting start times had previously been discussed and he has asked Administrator Stevens to put together some ideas. Mayor Bailey stated that he would be using a City email address for official correspondence and suggested that other Council Members consider doing the same. Mayor Bailey announced the annual Fire Department Open House at Fire Station 2 on October 10. Mayor Bailey said the Friends in Need Food Shelf fundraiser at Hope Glen Farms is on October 11. Mayor Bailey stated the Holiday Train will be in Cottage Grove on December 10. 11. PAY BILLS A. Motion by Council Member Thiede, second by Council Member Peterson, to approve payment of check numbers 193028 to 193369 in the amount of $1,756,761.70 and EFT Payment of $159,808.76. Motion carried 5-0. 12. WORKSHOP SESSION – OPEN TO PUBLIC – None. 13. WORKSHOP SESSION – CLOSED TO PUBLIC – None. ADJOURNMENT Motion by Council Member Olsen, second by Council Member Thiede, to adjourn the regular meeting at 11:51 p.m. Motion carried 5-0. Minutes prepared by Judy Graf and reviewed by Deputy City Clerk Neil Belscamper.