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HomeMy WebLinkAbout2000-12-06 MINUTES REGULAR MEETING COTTAGE GROVE CITY COUNCIL December 6, 2000 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 Denzer encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor John Denzer Council Member Pat Rice Council Member Cheryl Kohls Council Member Sandy Shiely Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Richard Burtman, 8449 Hinton Avenue N., stated they use the HSI Inc. Van (Dial-A-Ride), which is in dire need of another van due to the number of people they pick up. Todd Wrenquist, 8449 Hinton Avenue N., explained that sometimes they are dropped off too early at their jobs so they are asking for assistance to get another bus. He advised that currently there is one such van in the County. Mayor Denzer stated this request will be forwarded to the Human Services Commission. Council Member Shiely clarified that it is actually the Metropolitan Council who provides the service, not the City, so that request will probably be forwarded to them as well. Tamara Anderson, 10377 Kimberly Court South, explained that on July 9, 2000 the City received between three and six inches of rain and her home was flooded. A City Engineer came to her home and said it needs to be fixed but they do not know how to fix it so the Andersons should sand bag it. Ms. Anderson stated their $350,000 home sustained $35,000 worth of damage. She explained there are several developments on the top of the hill that flow into their ravine. Their insurance company said their house was built 3 feet too low so they paid for an as-built which indicated their home was constructed as it was submitted. Now they have been told their house was not approved for a full fourth level and they were to only have a cubby, which is not true. She asked how they obtained a certificate of occupancy if the home was not properly constructed. Ms. Anderson stated they cannot fix the lower level of their home for fear it may occur again and asked for the City’s assistance to work with them and help them find a solution to this problem. She expressed concern that flooding may occur again as a result of snow melt. City Administrator Schroeder stated the City’s engineering and public works staff have been working with the Andersons on this but are not prepared to present a report tonight. He stated a history of the issue and proposals will be provided to the Council at the December 20, 2000 meeting. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 2 No one else appeared to address Open Forum. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular th meeting on Wednesday, December 6, 2000, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Pat Rice Council Member Cheryl Kohls Council Member Sandy Shiely Council Member Jim Wolcott Also Present: Ryan Schroeder, City Administrator Mike Zurbey, Police Department Captain Bob Long, City Attorney, Kennedy & Graven Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Kim Lindquist, Director of Community Development Ron Hedberg, Director of Finance Mayor Denzer welcomed the Cub Scout Scorpions from Pack 777 and thanked them for leading the Pledge of Allegiance. Mayor Denzer presided over the meeting. ADOPTION OF AGENDA MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA. MOTION CARRIED 5-0. PRESENTATIONS None. APPROVAL OF MINUTES The minutes of the October 18, 2000 Regular Council Meeting were approved as presented. The minutes of the November 20, 2000 Special Council Meeting were approved as presented. CONSENT CALENDAR Council Member Shiely pulled Item 4I, Consider Approval of a Request to Convey Three Tax- Forfeited Parcels from the State of Minnesota to the City of Cottage Grove. She noted the resolution indicates the use of the parcels and asked if that is a binding decision by the Council. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 3 Director of Community Development Kim Lindquist explained the City is required to state the parcel will be for a public use so once staff is clear what the use will be, it is listed in the resolution and subsequently on the application submitted to the County. Council Member Shiely asked if the parcels could be put to another use. Director of Community Development Lindquist stated if the Council felt there was an additional use, it should be reflected in the resolution or County application. City Administrator Ryan Schroeder stated if the parcel is for a public use, the cost is relatively low. However, if the intent is to convert to a private use, the cost would be much different and the City would have to deed it back to control of the State or provide compensation to the State at a level that is close to the market value. MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. Parks, Recreation and Natural Resources Commission of October 9, 2000. ii. Public Works Commission of October 9, 2000. B. ADOPT RESOLUTION NO. 00-239 , AUTHORIZING WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE IN THE AMOUNT OF $694.02. C. ADOPT RESOLUTION NO. 00-240, APPOINTING CARON STRANSKY AS THE DATA PRACTICES RESPONSIBLE AUTHORITY AND COMPLIANCE OFFICIAL. D. ADOPT RESOLUTION NO. 00-241, CERTIFYING DELINQUENT UTILITY BILLS TO THE PROPERTY TAX ROLLS PAYABLE 2001. E. ADOPT RESOLUTION NO. 00-242, APPROVING FINAL PAYMENT IN THE AMOUNT OF $12,207.60 TO SYLVANDER HEATING, INC. FOR HEATING UPGRADES FOR THE COTTAGE GROVE ICE ARENA. F. APPROVE A THREE-YEAR PERFORMANCE CONTRACT WITH BOB VOGEL TO SERVE AS THE CITY HISTORIC PRESERVATION OFFICER. G. APPROVE APPOINTING KYLE LINDQUIST AND RICHARD LYDEN TO THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION TO FULFILL TERMS WHICH EXPIRE 2/28/02, AND APPOINT JOSHUA RICE AS A YOUTH MEMBER TO THE PUBLIC SAFETY, HEALTH AND WELFARE COMMISSION. H. ADOPT ORDINANCE NO. 00-689 , APPROVING AN AMENDMENT TO THE COTTAGE GROVE CITY CODE RELATING TO SNOWMOBILES. I. ADOPT RESOLUTION NO. 00-243, APPROVING A REQUEST TO CONVEY THREE TAX- FORFEITED PARCELS FROM THE STATE OF MINNESOTA TO THE CITY OF COTTAGE GROVE. MOTION CARRIED 5-0. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 4 RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES None. PUBLIC HEARINGS A. Hold a Public Hearing, and Consider Adopting a Resolution Authorizing the Issuance and Sale of $3,500,000 Industrial Development Revenue Bonds, Series 2000 (Advance Corporation Project), and Authorizing the Execution and Delivery of Related Documents. City Administrator Ryan Schroeder stated the legal notice was in order. Mayor Denzer opened the public hearing at 7:38 p.m. City Administrator Schroeder noted the attendance of Greg Moore, Vice President of Advanced Corporation, who is available to answer questions. There being no input, Mayor Denzer closed the public hearing at 7:39 p.m. City Administrator Schroeder explained that Advanced Corporation intends to locate their office th headquarters and manufacturing facility at 9700 – 97 Street. He noted that staff has been working with them for several months. The action tonight would authorize issuance of tax exempt bonds as a financing mechanism that results in no obligation toward the City of Cottage Grove beyond being named as the issuer to assure the transaction occurs properly. He advised that Greg Moore has indicated that after adoption, they will close on the financing on December 20, 2000 which is also the date the development agreement would be approved. The land would then be closed in February of 2001. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 00-244 , AUTHORIZING THE ISSUANCE AND SALE OF $3,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 2000 (ADVANCE CORPORATION PROJECT), AND AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS. MOTION CARRIED 5-0. BID AWARDS None. UNFINISHED AND NEW BUSINESS A. Consider Approval of a Comprehensive Plan Amendment to Change the Land Use Designation, a Zoning Amendment to Rezone Property From B-3, General Business, to PUD, Planned Unit Development, and a Site Plan Review to Allow a Mixed-use Development on the Vacant Parcel Behind and Adjacent to Menards. Director of Community Development Kim Lindquist reviewed the past consideration of the request of th 5 Street Ventures, LLC, to develop a mixed-use project on the irregularly shaped remnant of land behind and adjacent to Menards. The site is currently guided and zoned for commercial use and the applicant is requesting that the Future Land Use map of the City’s Comprehensive Plan 2020 be amended to reguide the property to a mixed land use and rezone the property to Planned Unit Development (PUD). The applicant also filed site plan and preliminary plat applications to construct Regular Meeting – December 6, 2000 Cottage Grove City Council Page 5 15 townhouse structures having a total of 124 units and five commercial structures on four commercial lots. The plat also includes one additional commercial lot where the existing Menard’s property and proposed land acquisition will be combined as one lot. Director of Community Development Lindquist stated staff and the Planning Commission believe the th proposed mixed land use development proposal by 5 Street Ventures is a reasonable development alternative. The proposed plan is found to be compatible with the existing single-family neighborhoods due in part to the high level of buffering and landscaping being proposed and it may be considered an improvement over other land uses that would otherwise be allowed in the B-3 District. The applicant has addressed many of the concerns previously raised by staff. However, after discussion with Enron Gas, it was determined they would not allow the trail, earth berm, or th landscaping as initially proposed within the pipeline easement. Thus, 5 Street Venture is unable to achieve that increased landscaping plan. She presented the plan now under consideration, noting the site boundaries. It was noted that the Planning Commission and EDA unanimously approved and supported the four planning applications with numerous conditions. Director of Community Development Lindquist advised that one of the major discussion points is identified in the first condition and relates to ensuring commercial uses occur on the property so it does not all go to residential. Due to previous ambiguity on what is required for a certificate of occupancy, clarification has been added. She advised that the developer is comfortable with this language. Council Member Shiely asked how the traffic issues have been addressed. Director of Community Development Lindquist advised of the results from the traffic study and resulting changes to the driveways. She explained that the traffic consultant found this mix of uses will result in less traffic than if the site were developed fully as commercial uses. Director of Community Development Lindquist advised of the consultant’s findings and recommendations. Council Member Kohls inquired regarding the trail and access locations. Director of Community Development Lindquist identified the location of roadways and trail access point which will be connected into the project along the roadway and sidewalk system. Ed Hasek, Westood Professional Services, introduced himself and representatives from 5th Street Ventures and D.R. Hortonrepresenting the residential component. Mr. Hasek provided the Council with colored copies of the site plan. Council Member Shiely asked if the townhome value is between $120,000 and $140,000. Mr. Hasek stated that is correct. Council Member Shiely asked about the location of other similar townhome projects. Don Patton, D.R. Horton Homes, advised of those locations. She asked if commercial was mixed with those residential townhomes. Mr. Patton stated it has not and explained that they have found this project works well around commercial sites. Council Member Shiely asked if the value of those projects is the same as being proposed in Cottage Grove. Mr. Patton stated the project in Burnsville is within that range but the others are over $150,000. He explained that the buyer is able to make changes to the finishes and cabinetry, and they have developed a great reputation for quality. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 6 Council Member Kohls stated she wants to confirm the certificate of occupancy issues have been worked out. Mr. Patton answered affirmatively and requested the resolution include an indication that they will ask for a grading permit, silt fence installation, and to clear some trees so 5th Street Ventures can start construction in February or March of 2001. Director of Community Development Lindquist stated the City would typically approve grading permits after the plans are approved. Council Member Shiely asked if consideration has been given to a restaurant. Mr. Patton stated it has. He explained that they anticipate they will be on the site for about two years. He stated he is unsure how long it will take to complete the five buildings but it may be more than five years. Because of that, they would request consideration of two development agreements. Director of Community Development Lindquist stated the City has not typically considered two development agreements but that issue can be raised with the City Attorney. She explained some of the issues that would need to be resolved to consider two development agreements to assure the responsible party for each aspect is clearly defined. Mayor Denzer asked if the commercial property will be sold. Mr. Hasek stated they will contract and build the commercial portion of the project and sell the residential portion to D. R. Horton who would be responsible for that piece of the project. City Administrator Schroeder explained how the agreement could be drafted to identify which developer is responsible. Mr. Hasek reviewed each of the revisions that were made to resolve the issues raised by the Planning Commission. He advised it will be called Pine Grove, noting the location of Pine Grove Court, the roadway alignment, and inclusion of Menards into the plat. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 00-245 , APPROVING A COMPREHENSIVE PLAN AMENDMENT TO ALLOW A MIXED USE DEVELOPMENT ON THE VACANT LAND NORTH AND WEST OF 9000 WEST POINT DOUGLAS ROAD. MOTION CARRIED 5-0. MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT ORDINANCE NO. 00-690 , AMENDING CITY CODE SECTION 11-1-6, ZONING MAP VIA REZONING CERTAIN PROPERTY FROM B-3, GENERAL BUSINESS, TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT. MOTION CARRIED 5-0. MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 00-246 , APPROVING THE SITE PLAN REVIEW FOR THE PROPOSED MIXED-USE DEVELOPMENT ON THE 28.84-ACRE PARCEL NORTH AND WEST OF 9000 EAST POINT DOUGLAS ROAD. MOTION CARRIED 5-0. Mayor Denzer asked if anyone in the audience wanted to address issues with this development. No comments were made. MOTION BY KOHLS, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 00-247 , APPROVING THE PRELIMINARY PLAT FOR THE PROPOSED MIXED-USE DEVELOPMENT REFERRED TO AS THE SCHARMER SITE. MOTION CARRIED 5-0. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 7 B. Consider Approval of a Conditional Use Permit and Site Plan Review for Expansion of an Exterior Storage Yard for Retail Sales, Lumber Yard, and Similar Uses at Menard’s, 9000 East Point Douglas Road. Community Development Director Kim Lindquist explained this involves the request of Menard, Inc. for an amendment to their site plan and conditional use permit for the expansion of their building and exterior storage at 9000 East Point Douglas Road. The proposal includes the acquisition of an additional 100 feet of land along their northwest boundary line and 50-feet of additional property along the northeast boundary (rear) line. The proposed use of this additional property is to relocate their existing solid fence so it is ten feet from the new boundary lines and to expand their exterior storage area behind and along the west side of their existing building. She advised of the other site improvements that will be made and that additional landscaping is included to resolve concerns expressed by residents. Marv Prochaska, representing Mendards, reviewed the revisions proposed to the building and small outside open overhang that would be constructed on the north side, and another entrance into the portion that is now unheated. Mr. Prochaska asked about condition #9 requiring replacement of the 60 foot chain link fence and large emergency vehicle gate on the west side of the building with wood materials. He requested consideration to allow that chain link fence to exist as it is today. Director of Community Development Lindquist explained all of the exterior storage is to be screened so she is unsure why the original chain link fence was allowed. Council Member Kohls stated that she had not noticed the chain link during her visits to Menards. She stated she viewed the fence and gate, and thinks a wooden gate may become a maintenance issue over time. She noted the gate looks like part of the fence and if it has more of a fence appearance, there may be a tendency to stockpile materials alongside it. Council Member Kohls stated she would not object to the chain link fence or gate remaining. Mayor Denzer concurred, stating he had not noticed there was a chain link fence. Council Member Wolcott noted that one benefit with an open chain link fence is that clutter may be less of a problem. Mayor Denzer stated it is the consensus of the Council to revise the resolution as follows: 9. The existing chain link fence, fire access gate, and new expansion area in the southwest corner of the site shall be screened with the same material as the rest of the exterior storage perimeter fence. MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 00-248 , APPROVING A CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF AN EXTERIOR STORAGE YARD FOR RETAIL SERVICES, LUMBER YARD, AND SIMILAR USES FOR MENARDS, 9000 EAST POINT DOUGLAS ROAD, AS AMENDED ABOVE. MOTION CARRIED 5-0. Mr. Prochaska stated it was their understanding that five foot strip would be dedicated by the previous property owner to the City for right-of-way. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 8 C. Consider Amending the Hunting Ordinance to Allow Firearms Hunting on Property Recently Zoned as Bow and Arrow Hunting Only. It was noted that at the October 10, 2000 meeting of the Public Safety, Health and Welfare Commission, a recommendation was made to reconsider amending the hunting ordinance to allow firearms hunting on property recently zoned as a no firearms hunting zone to bow and arrow only. The area affected by this change would be the land currently owned by Bailey Nursery in Section 19 th west of Hadley Avenue and north from 100 Street line. Police Captain Mike Zurbey noted the October 25, 2000 memorandum from Captain Mickelson indicating his opposition to this requested change. Police Department Captain Zurbey stated he strongly concurs with Captain Mickelson to not change the current bow and arrow hunting zone back to firearms hunting and recommended the Council pass a motion to deny consideration. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO DENY CONSIDERATION OF AMENDING THE HUNTING ORDINANCE TO ALLOW FIREARMS HUNTING ON PROPERTY RECENTLY ZONED AS BOW AND ARROW HUNTING (SECTION 19 WEST OF HADLEY AVENUE AND TH NORTH FROM 100 STREET LINE). MOTION CARRIED 5-0. D. Consider Authorizing the Change of “No Parking—Resident Only During School Hours” Signs to Read “No Parking During School Hours” on all Signs Currently Installed on Streets Surrounding Park Senior High and Authorize Public Works to Begin the Replacement Process. Item pulled. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS None. COUNCIL COMMENTS AND REQUESTS Council Member Kohls reported on the enjoyable time she spent with a fourth grade elementary class to discuss government and City issues. Council Member Kohls reported on the Smart Growth Conference she attended and offered to provide copies of the written materials she received. Council Member Kohls reported that the Sierra Mountain Trucking Company will be hauling 50-55 loads of cars from the industrial park each day. She asked how this operation could start in the industrial park without the City’s knowledge and stated her understanding that it occurred since it involves a contract with CP Rail. However, she learned the contract is actually with General Motors. She asked if this involves a loophole situation and stated she wants to assure all the rules were properly followed. Council Member Kohls stated she would also like to be assured that CP Rail, which operates from a temporary building, is operating under the City’s regulations. Council Member Shiely stated she would like to know more about the situation, the relationship and ownership between companies, if this operation is in competition with Allied, and legalities. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 9 City Administrator Schroeder stated staff will provide the information available on the rail use. Council Member Kohls offered to present a plaque on behalf of Mayor Denzer on Thursday, December 14, 2000 at 7:00 p.m. PAY BILLS MOTION BY RICE, SECONDED BY SHIELY, TO APPROVE PAYMENT OF CHECK NUMBERS 116076 TO 116395 TOTALING $1,234,963.63. MOTION CARRIED 5-0. Mayor Denzer declared a recess at 8:33 p.m. The meeting was reconvened at 8:48 p.m. WORKSHOP SESSION – OPEN A. Old Cottage Grove Fire Station. City Administrator Ryan Schroeder explained the real issue is the City’s long term goal for this property. He noted the correspondence from Wayne Kropelnecki and estimated prices. Public Works Director Al Larson read a list of items that are currently stored within this building and commented that this building is used a lot by the City. He noted if this facility is not available, those items will need to be stored elsewhere. Council consensus was reached to use this building as a storage facility (which does not require a septic system) and direct staff to abandon the septic system. B. Thompson Grove Pavement Management. City Administrator Ryan Schroeder presented the draft project schedule for the next phase of the pavement management program. He noted the recommendation that the City bid a three year project which would result in cost savings with mobilization. City Engineer Jerry Bourdon stated that while some unit prices can be expected to hold others, such as the cost of oil, may include an escalator. Public Works Director Larson stated staff would find it preferable to work with a single contractor over the three-year period and believe there would be an economy of scale. It was discussed that the contract should contain a clause addressing performance measures and provide an option for the City to back out of an unsatisfactory project. City Administrator Schroeder stated consideration could be given to a two year contract with a one year option. Following discussion, consensus was reached to proceed toward engineering and neighborhood involvement in order to achieve an ability to go to bid by early 2002 and to create a citizen advisory group made up of neighbors from the project area on the west side and one task force member. C. Majestic Ballroom Mayor Denzer advised of an upcoming request of Majestic Ballroom. Regular Meeting – December 6, 2000 Cottage Grove City Council Page 10 WORKSHOP SESSION – CLOSED None. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE REGULAR MEETING AT 9:39 P.M. MOTION CARRIED 5-0. Respectfully submitted, Caron M. Stransky City Clerk Carla Wirth TimeSaver Off Site Secretarial, Inc.