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HomeMy WebLinkAbout1999-04-07 MINUTES.:1 � REGULAR MEETING COTTAGE GROVE CITY COUNCIL April 7, 1999 OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that is not scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to two (2) minutes per issue. Present: Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Absent: None. Also present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer -- BRAA • Les Burshten, Public Works Director Kim Lindquist, Community Development Director Liz Johnson, Finance Director Jim Kinsey, Public Safety Director Corrine Thompson, City Attorney — Kennedy & Graven Michelle Wolfe, Assistant City Administrator Gary Kjellberg, 7389 Inman Avenue South, presented a list of the hours worked by part- time police officers. Since 1992, part-time police officers volunteered 14,546 total hours. Mayor Denzer thanked Mr. Kjellberg and the part-time officers who have given so much to the community. Judy Woods, a resident and City Council Member for the City of Newport, stated she attended the meeting as a volunteer mediator with the Washington County Mediation Victim/Offender Program. Woods explained the purpose of the program and reported that on April 21, 1999 from 4:00 p.m. to 6:00 p.m., a victim/offender conference will be held at the Cottage Grove Court Services. A number of young offenders committed a crime against the City of Cottage Grove. Council Members were encouraged to attend. Both Council Member Kohls and Shiely indicated willingness to attend. � Regular Meeting - April 7, 1999 Cottage Grove City Council Page 2 • Mayor Denzer thanked Ms. Woods for the information and asked Council Member Kohls and Shiely to report back to Council. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 7, 1999, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott Absent: None Also present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer -- BRAA • Les Burshten, Public Works Director Liz Johnson, Director of Finance Kim Lindquist, Community Development Director Jim Kinsey, Public Safety Director Corrine Thompson, City Attorney — Kennedy & Graven Michelle Wolfe, Assistant City Administrator Mayor Denzer presided over the meeting. ADOPTION OF AGENDA MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE THE FINAL AGENDA AS PRESENTED. MOTION CARRIED. 5-0. PRESENTATIONS Introduction of New Employees and Awarding of Badges Public Safety Director Kinsey introduced John Mickelson and Ron Wasilk who were recently promoted to the positions of Police Captain and Fire Marshal in the Public Safety Department. Kinsey also introduced Anthijuan Beeks, Community Service Officer, and Ken Tschimperle, Dispatcher. . Regular Meeting - April 7, 1999 Cottage Grove City Council Page 3 . Assistant City Administrator Wolfe introduced Steven Barrett and Daniel King, Management Analysts in the Administration Department. Chad Snuggerud, Assistant Golf Course Superintendent, who was not present, was also recognized. APPROVAL OF MINUTES The minutes of the March 3, 1999, Regular City Council meeting were accepted as presented. CONSENT CALENDAR Kohls requested that items 4C, 4L, and 4M be pulled from the Consent Calendar for discussion. Mayor Denzer thanked the residents and businesses for their contributions toward the Great Grove Get Together Annual Celebration and Cottage Grove Jaycees Fireworks Display. Regarding item 4D, Kohls stated Public Safety Director Jim Kinsey informed her that based on the design of the road and the surrounding area, a speed study would probably not yield anything different than the speed limit posted today. Kinsey stated • that Washington County conducts speed studies. A signed resolution from August 1998, is still valid. Kinsey stated he would submit the resolution if the Council decides to go ahead with the study. Kohls asked that Item 4C be removed from the agenda since a resolution has already be passed and adopted. MOTION BY RICE, SECONDED BY WOLCOTT TO: A. ACCEPT AND PLACE ON FfLE THE MINUTES OF THE: 1. HUMAN SERVICES COMMISSION JANUARY 27, 1999 AND FEBRUARY 26, 1999 MEETINGS. 2. ADVISORY COMMITTEE ON HISTORIC PRESERVATION (ACHP) MARCH 9, � 999 MEETING. 3. PLANNING COMMISSION FEBRUARY 22, 1999 MEETING. 4. 1999 PAVEMENT MANAGEMENT MARCH 29, 1999 NEIGHBORHOOD MEETING. � B. ADOPT RESOLUTION NO. 99-39, A RESOLUTION ABATING CURRENT SPECIAL ASSESSMENT PRINCIPAL AND INTEREST ON LOT 4, BLOCK 1, Regular Meeting - April 7, 1999 Cottage Grove City Council Page 4 • EAGLE RIDGE ADDITION, THAT WAS CERTIFIED IN ERROR TO WASHINGTON COUNTY. C. REMOVED FROM THE AGENDA. D. ADOPT RESOLUTION NO. 99-40, A RESOLUTION APPROVING FINAL PAYMENT TO DANNER INC. ON THE HILLSIDE TRAIL RECONSTRUCTION PROJECT DISTRICT E4A FOR $60,561.40. E. ADOPT RESOLUTION NO. 99-41, A RESOLUTION APPROVING FINAL PAYMENT TO DANNER INC. ON THE HILLSIDE TRAIL RECONSTRUCTION PROJECT DISTRICT E4B FOR $37,665.05. F. ADOPT RESOLUTION NO. 99-42, A RESOLUTION ACCEPTING SCHOLARSHIP FROM THE PUBLIC ENTITY RISK INSTITUTE FOR CARON STRANSKY TO ATTEND PUBLfC RISK MANAGEMENT ASSOCIATION CONFERENCE FROM JUNE 6 THROUGH JUNE 9 IN SAN DIEGO, CALIFORNIA. G.� ADOPT RESOLUTiON NO. 99-43, A RESOLUTION GRANTING AN INTERIM CONDITIONAL USE PERMIT FOR MAJESTIC ANTIQUES DECOR & MORE • TO ALLOW OUTDOOR EVENTS (I.E., FLEA MARKET, FARMERS PRODUCE MARKET, CRAFT/FOOD FAIR, PETTING ZOO, ANTIQUE CAR SHOW, AND PLANT SALES) AND INDOOR AUCTIONS AT 9165 WEST POINT DOUGLAS ROAD. H. AUTHORIZE THE EXPENDITURE OF UP TO $1,500 FROM THE GAMBLING CONTRIBUTION FUND TO PURCHASE MATERIAL TO RECONSTRUCT THE HOCKEY RINK AT WOODRIDGE PARK IN COOPERATION WITH THE TWIN CITY TREE TRUST ORGANIZATION. I. AUTHORIZE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT IN SETTLEMENT OF COURT FILE NO. C6-99-500 - DELCASTILLO VS. CITY OF COTTAGE GROVE. J. APPROVE THE 1999-2003 CAPITAL IMPROVEMENTS PROGRAM. K. ACCEPT PROPOSAL SUBMITTED BY ASTERISK MANAGERS AND APPROVE A THREE-YEAR CONTRACT IN THE AMOUNT OF $1,250 PER MONTH OR $15,000 PER YEAR FOR RISK MANAGEMENT CONSULTING SERVICES. L. ADOPT RESOLUTION NO. 99-44, A RESOLUTION ACCEPTING CITIZEN � DONATIONS OF CASH ($644.50) FOR THE GREAT GROVE GET TOGETHER AND COTTAGE GROVE JAYCEES COMMUNITY CELEBRATIONS. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 5 • M. ADOPT RESOLUT/ON NO. 99-45, A RESOLUTION ACCEPTING DONATIONS OF CASH ($1,025.00) FROM COTTAGE GROVE LIONS CLUB AND COTTAGE GROVE FLORIST FOR THE GREAT GROVE GET TOGETHER COMMUNITY CELEBRATION. N. APPOINT JON AUGE AS CHAIR OF THE PLANNING COMMISSION. O. ADOPT RESOLUTION NO. 99-46, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $5,959.00 TO KOBER EXCAVATING, INC. FOR SANDY HILLS 7 UTILITY, STREET AND STREET LIGHTING IMPROVEMENTS. P. ADOPT RESOLUTION NO. 99-47, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $14,980.16 TO TOWER ASPHALT, INC. FOR 1996A STREET AND STREET LIGHTING IMPROVEMENT PROJECT. Q. ADOPT RESOLUTION NO. 99-48, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $21,945.50 TO BURSCHVILLE CONSTRUCTION, INC. FOR PINE FOREST 2 ND ADDITION UTILITY, STREET AND STREET LIGHTING IMPROVMENTS. R. RATIFY SHORT LIST OF BIDDERS FOR RIVER OAKS CLUBHOUSE • EXPANSfON PROJECT. MOTION CARRIED: 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES -- None. PUBLIC HEARINGS Public Improvement Hearing -- 1999 Pavement Manaqement Improvement Project (Area "A" and Area "C") Mayor Denzer opened the Public Hearing at 7:45 p.m. Dave Hansen, Assistant City Engineer, covered the neighborhood meeting that took place regarding the improvements of Mill and Overlay (Area "C") or Reclamation of Road Surface (Area "A"). At the meeting, the following topics were covered: ➢ project overview; ➢ pictorial presentation of design options (related to construction); ➢"Most Commonly Asked Questions" from a construction and assessment view point; ➢ Presentation by Northern States Power; and ➢ Questions/Answers from the public. . Each interested member of the public present were given a handout at the meeting. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 6 � Hansen briefly gave an overview of the overall project. Mill and overlay improvements in Area A and Reclamation/Removal in Area C. Where deteriorated, curb and gutter spot repairs may be needed to alleviate drainage problems. In some areas, storm sewer casings may need replacement. During the neighborhood meeting, a concern regarding a drainage situation on 8p` Street was raised. Hanson commented this will be studied by Staff and Engineering and repaired as necessary. Hanson then review the assessment policy. The mill and overlay assessment is 1% of the 1998 assessed market value and reclamation assessments are 1.25% of the 1998 assessed market value. The additional funds needed would come from the General Tax Levy. City Engineer Bourdon commented about the Pavement Management Program as a whole. He stated that the strategies of this plan were: 1. Preservation and maintenance of the roads. 2. Replacement and removal of roads based on a consensus between Public Works, Engineering and Public Safety. • 3. Get all roads to a minimum standard: concrete curb and gutter, cement base. Bourdon stated that the management plan allowed a seven-year cycle. During that time, roads will be looked at and studied for proper upgrade and maintenance. Once replaced and new, a road could last up to fifty years in Cottage Grove since the base is so good. During that fifty-year period, regular seal coating would take place and then approximately half way through the life cycle, a mill and overlay would be placed on the road. Bourdon discussed some of the concerns that came out of the neighborhood meeting. One concern was the question of what was wrong with the roads today. Bourdon stated that PCI testing, road borings, and other tests were done to determine the level of deterioration currently. The Pavement Management Program was then designed around those findings. When asked if mill and overlay was a Band-Aid, Bourdon responded that it was a common practice by all levels of government. It has existed in Cottage Grove since 1992. Examples are East Point Douglas Road and Hillside Trail. Several questions and concerns regarding the west side of Highway 61 came up at the neighborhood meetings. This will require complete reconstruction and is very costly. Repair of these roads would cost the general budget too much to proceed in 1999. * Abigail Grenfell, former chair of the Pavement Management Citizens' Task Force spoke giving some of the goals of the task force. They were to bring the roads in Cottage Regular Meeting - April 7, 1999 Cottage Grove Gity Council Page 7 . Grove up to an "acceptable" level, see that the roads are properly constructed for a longer life, fiscal responsibility to the citizens and taxpayers, raise the value of the properties with better roads, work with public works and public safety to determine other road related improvements so that they can be done at the same time. These would include: gutter, curb, lights, storm sewer, utilities, etc. The Task Force was formed in 1994 and is still active. Their first report and recommendation to the City Council was in 1994; the report was then amended and updated in 1997. She reported that the City Council is committed to only doing work that needs to be done. The Task Force's goal was to seek a fair and equitable way to pay for these improvements and set the following caps for the type of work done: mill and overlay — 1%; reclamation — 1.25%; reconstruction — 2%. Another component included a zero assessment for seal coating since it is considered part of normal maintenance. In assessment studies, it was determined that the value of the property raises more than the cost of the assessment with better roads. When doing these repairs, the city works with the utility companies so that the roads are not dug up more often than necessary. • Ms. Grenfell gave an analogy to understand the different processes. She compared roads to cars. When your car needs painting, you take it in and have the paint removed and repainted. You do not sel{ it just because it needs painting. That would be mill and overlay. Seal coating is like protecting your car against the weather with wax. Finally, reconstruction/reclamation is like getting rid of your car and replacing it. Mayor Denzer opened the public hearing. John Gustafson. 7714 Jeffrey Lane South Mr. Gustafson felt the road in front of his home was fine. He commented he didn't understand why they needed to be "improved." He stated he would rather see the money put into fixing the west side of Highway 61. The public wants this fixed rather than roads that are fine. Mayor Denzer stated that the portion of the pavement management improvements selected for this year was partly driven by the budget. Douglas Johnson, 7093 Irish Court South Mr. Johnson stated he had a problem with the method of assessment proposed. He felt it should be based on the front frontage, not on the market value of the property. That is the method used by other cities Johnson asked the City Council to take another look at the assessment method. � Mayor Denzer commented that the Task Force debated hard and long looking at the most fair and equitable way to assess the cost back to the property owners. This Regular Meeting - April 7, 1999 Cottage Grove City Council Page 8 � seemed the most equitable to this Task Force and thus was adopted. He asked Ms. Grenfell to meet with Mr. Johnson to explain it further, if needed. Dawn Anderson. 7563 Jasmine Avenue South Ms. Anderson stated that where she lives the mill and overlay method of improvement is proposed. She stated she doesn't see a need to fix her road. She stated that it does not make sense to fix something that is not broke. Henry Mattaini. 7459 Ivvstone Avenue South Mr. Maittini wanted to know where everyone got the figure of $1,100. He stated that his assessment notice was over $1,400. This would put the value of his home at $140,000. He believes that is too high. Mayor Denzer stated that the figure used was an example. The actual assessment will be 1% of market value. Burshten stated that he believes Mr. Maittini is in the reclamation area and as such, his assessment would be 1.25%. Terry Redmond, 9501 Isley Avenue South Mr. Redman stated that his road was over 44 years old and he felt that was a long life for a road. However, he wants to know who designed the roads that do not have a proper base or are newer and have deteriorated and who inspected them. They should • be held liable for the problems if the roads are not lasting long enough. At least the problem should be identified so that it does not happen again. �nn Michaeis, 8756 76' Court South Ms. Michaels asked the Council to verify the length of time a road should last. If it is 50 years, then why are the roads getting reclamation after only 25. Also, why on new roads would mill and overlay be done at this point. Burshten stated that the older streets only get seal coating to keep them maintained. The fifty years relates to the new roads they would be putting in. Matt Vikdal. 7507 Jasmine Avenue_ South Mr. Vikdal was adamant that the roads were okay and did not need repair. He stated that he would take his chances if the road was not improved. He woutd wait until it broke down completely. He had major concerns and voiced them loudly that Highway 61 on the west side should be fixed before anything else. Vikdal stated he certainly does not want his road to turn out like 80` Street. He also did not want to hear that 80' was not done yet. He believed it was done poorly and just saying it isn't done yet is covering up or excusing the poor job. He believed the citizens � do indeed pay for seal coating. The cost is in their taxes. He is "tired of paying taxes for a job that either doesn't need to be done or isn't done right." People on the east side should have the opportunity to vote on whether or not they want their roads Regular Meeting - April 7, 1999 Cottage Grove City Council Page 9 • improved via mill and overlay. He believed they only want a seal coating, not anything else. Shiely asked Mr. Vikdal to consider the cost of doing the west side of Highway 61 this year. She believed the taxes would go way up if it were done. The City does not have the money to do this and not enough woufd be covered in the assessments to property owners to cover the full cost. She stated that, unlike suggested, the Council Members have not voted nor made up their minds regarding the 1999 Pavement Management Plan and that was why they were discussing it right now. However, she cautioned, what you see on the road surface is not necessarily what the real condition of the road is. In response to Mr. Vikdal's comments regarding 80` Street, Engineer Bourdon indicated that the utilities were to be buried this year and then the road would be done. Mayor Denzer asked Bourdon what would happen if the Area "C" was not done this year and placed in the regular cycle, which would place it out about seven years. Bourdon indicated that even ifi the roads did last seven more years, then they would be • into reclamation and a greater impact on the general funds and subsequently the taxes. Shiely asked if Areas "A" and "C" were on the original plan in 1997. Bourdon stated that they were. Kohls stated that she spent a lot of time driving the roads, talking with engineering about them, and with Finance Director Johnson over the past few weeks. She asked the engineers if the roads on the east side could go seven more years without them "going to pot." Burshten stated that this was very difficult to answer. When roads reach the stage of needing replacement, it happens very quickly and with little warning. The down side of this, he stated, is that the routine maintenance costs in the mean time will be higher. Elmo Martin, 8688 Ira Lane South Mr. Martin stated that he felt the west side of Highway 61 were unsafe and an accident was just waiting to happen. Gary Kjellberg. 7389 Inman Avenue South Mr. Kjellberg stated that the roads may look better than they really are. If we wait to fix, then the eventual cost will be greater and everyone pays more, including the general tax payer. � He stated that the citizens voted in the City Council members to make these tough decisions. They need to be able to trust engineering and public works. If all decisions were made by a citizen vote, nothing would get done. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 10 . Kjellberg stated he doesn't want to save a few dollars today to end up spending much more later. He stated he was concerned that if we wait, then the tax payers will pay much more in the end. Shiely stated the Council needs to look at what it can afford to do. The City cannot afford to do the west side of Highway 61 this year. The Task Force is trying to get the roads on an even keel and regular maintenance schedule for the long term, not just the short term. Ellen Ayers, 7390 Irvin Avenue South Ms. Ayers agreed with the Pavement Management Program. She stated that in her neighborhood, the streets do need to be repaired. Ayers commented she does not want to see the proposed improvements dropped. The area slated for reclamation needs it. Burshten gave a comparison on maintenance costs. From 1991 until 1998, the City has spent $68,000 plus another $37,500 on the west side for seal coating and repair. A minimal amount has been spent on the east side and by doing the mill and overlay, the amount could remain minimal. • Michael Reagan. 9005 79 Street South Reagan asked if the original builders of the road gave any guarantees. Bourdon stated that would be a difficult thing to do, there are no guarantees. There are too many environmental factors that could impact the longevity of a road. He believes that the people in Cottage Grove actually have good fortune in that the base is good and that yields longer lives. Many other cities do not get the life of the roads that we do. One citizen asked for a copy of the study. He was told to contact either Bourdon or Dave Hansen for a copy. Mr. Mattaini stated that his son had his roads improved and the next year, utilities came in. He wanted to make sure that this would not happen in Cottage Grove. Koh1s stated that NSP was at the neighborhood meeting and explained their plans. She suggested that someone in the City ask an employee of NSP to contact Mr. Maittini and explain their plans in more detail. Mayor Denzer closed the Public Hearing at 9:10 p.m. Rice commented that Area "A" is in definite need and Area "C" could wait. MOTION BY RICE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 99-49, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR � THE 1999 PAVEMENT MANAGEMENT IMPROVEMENT PROJECT FOR AREA "A" ONLY. MOTION CARRIED. 5-0. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 11 • BID AWARDS Award Bid -- CSAH No. 39 (Hastinqs Avenue) Street Improvements MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 99- 50, A RESOLUTION CONCURRING WITH WASHINGTON COUNTY TO AWARD THE BID FOR THE CSAH NO. 39 (HASTINGS AVENUE) STREET RECONSTRUCTION PROJECT TO ARCON CONSTRUCTION FOR $35,266.75. MOTION CARRIED. 5-0. Accept Vehicle Forfeiture Bid Results MOTION BY WOLCOTT, SECONDED BY SHIELY, TO AUTHORIZE THE SALE OF 15 FORFEITURE VEHICLES TOTALING $10,017.75. MOTION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS Review Decision by Plannina Commission. Acting as the Board of Zoning Appeals, to �hold Decision of Zoning Administrator to Deny Building Permit Application for Roger's Auto & Truck Parts. Inc. A memorandum to the Mayor, City Council and City Administrator from Kim Lindquist • dated April 1, 1999 was in the packet. Documentation regarding the Roger's Auto & Truck Parts, Inc. building permit appeal was provided to each Council Members for review. Those items included: • A Planning Staff report with Exhibits A through PP. • Roger's Auto information submitted in three ring-binders with Exhibits 1 through 63. • Two separate letters from Cecil Martin dated February 22, 1999 and March 14, 1999. Both the audio and the videotapes for the Planning Commission meetings were made availabfe for Council review. Community Development Director Lindquist stated that on March 31, 1999, she received a letter from A1vin Martin responding to comments made by the applicanYs attorney during the March 15, 1999 Planning Commission deliberations. Although Mr. Martin was at the meeting that night, he indicated that he was unable to hear and therefore did not publicly comment during the meeting. He stated that it was not until later when he watched the videotape of the meeting that he became aware of the issues addressed in his letter. . Staff spoke to the City Attorney regarding receipt of the letter in light of the fact that the Council had previously indicated they would not take additional testimony. It was suggested that Staff call the Council's attention to this matter and ask whether the Regular Meeting - April 7, 1999 Cottage Grove City Council Page 12 � Council would like to receive the letter at the April 7, 1999 meeting. If the Council chooses to receive the letter, the applicant should also have the opportunity to respond to the content of the letter. The letter has already been forwarded to their attorney. The City Attorney believes it would be possible to take this additional information without opening up the entire review for public input or new information. On March 15, 1999, the Planning Commission passed and adopted a resolution (#PZ99-01) denying the appeal and upholding the Zoning Administrator's denial of the building permit. Mayor Denzer recognized the appellant's attorney, Jay Karlovich to come forward and comment on behalf of Roger's Truck and Auto Parts, Inc. Mr. Karlovich stated that it was his understanding that the Council members had had an opportunity to review all the documents involved in this case which included the Planning Commission meeting and minutes, the videos and audios of the meeting, the three 3-ring binders from him, memorandums from staff members, and so forth. He stated that to date both sides have spent many dollars and much time to try to resolve this issue. He felt that it was time to move on and approve their request and work on other things. � Karlovich commented that Cecil Martin is in his sixties and has lived on the property for over 40 years and has owned this property for over 20 years. He wants to improve the business on this property so that he can sell it and move on in his retirement. In 1995, Cecil Martin obtained a Conditional Use Permit for purposes of expanding on this property and constructing a building. The proposed buyer will do this. It will be a very professional building. It will have a brick and wood front with a metal roof. Although not all materials are locked in, these features will easily add much value to this property. The total cost of the building is projected at one quarter of a million dollars. The building will be visually improved, more safe, have a large door in the front which will allow trucks to drive into the building for disposing of their load and drive out the back. One of the current complaints is the truck traffic near ldeal Avenue. This will move that traffic away. The mechanical and operational parts and machinery will be stored inside rather than outside. All materials inside building will be in PCA approved containers until proper disposaUremoval. Further, the company will accept all of the normal automobile waste products and dispose of them for the citizens of Cottage Grove free of cost. The materials will be properly stored and disposed of. Rogers will also provide free towing to Cottage Grove � citizens who have cars they want to dispose of. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 13 • This building/business will be a"state of the art" asset to the community. The owner is on the Board of Automobile Recyclers of Minnesota. Mr. Karlovich handed out a brochure to the Council members that spoke of an excess of 100,000 vehicles per year in Minnesota that had been recycled. Mayor Denzer stopped Mr. Karlovich by saying that this information was all new material. When the City Council agreed to review this decision, it was with the understanding that no new material could be brought to light. Mr. Karlovich stated that up until now, both sides (applicant vs. City) have been taking different sides. He is stating that this building will be an asset to the community and will improve the City. He asked the Council to look at the positive aspects of the building. He indicated that he was open to questions from the Council. Kohls indicated that she had contacted him and asked him to give a list of the benefits to the Council and that was why he was there and bringing new issues to light. She felt a need to hear the practical side of the issues, not just the legal ramifications. She wants to act in the best interests of the City. City Attorney Thompson stated that the Council did agree to hear no new information, � however, they had been asked to rule on whether or not to accept Cecil Martin's letter. She stated that the new information given by Mr. Karlovich does not have a bearing on the decision at hand. The decision for the City Council to make was whether or not the Planning Commission ruled correctly on denying the building permit to Mr. Cecil Martin. The Council could uphold the Planning Commission's decision and still grant the building permit in another fashion. Shiely asked Lindquist if a business such as this would be approved if the area was zoned industrial. Lindquist stated that it would not fall into that zoning either. Mayor Denzer asked Thompson to elaborate the alternatives. Thompson offered the following alternatives: 1. The Council could rule that the Planning Commission was correct in denying the building permit based on the fact that the zoning was inappropriate for this building. They then, could look at other alternatives such as "conditional use permits", changing the zoning ordinances, etc. 2. If the City Council determines that the 1995 Conditional Use Permit was lawfully issued (this is different than the Planning Commission's conclusion), they can still . say that the Conditional Use Permit expired and uphold the Planning Commission's decision this way. This allows the applicant to resubmit another Conditional Use Permit. Regular Meeting - April 7, 1999 Cottage Grove City Council Page 14 � 3. The final option is to determine that the Planning Commission did not correctly deny the building permit. The only issue that will be determined tonight is whether the Planning Commission made the right decision. If other options are used to grant the building permit, then other procedures are called for and the processes outlined in the ordinances. Mayor Denzer stated that the need for this type of facility is there. But, this doesn't say that the action of the Planning Commission took was wrong. He supports the decision of the Planning Commission because the process was "flawed" on both parties' parts. He would like to see the applicant follow another route to resolve this issue. Kohls stated she remembers when this first came up in May 1995. She was on the Planning Commission at this time. Her first reaction was "Oh, another junkyard," She states that she may have reacted differently if it was in the Industrial zone. Today, she is inclined to rethink her thoughts regarding the need for such a business. Maybe this site is not the proper location. However, it is already there, so let's deal with what there is today. Kohls stated that she was reading on the subject and was amazed that over 90% of an automobile can be recycled. This may be an environmentally good choice for Cottage Grove to have this type of facility. She too, agrees that the process was flawed. She is not opposed to looking at other alternatives. � Mayor Denzer stated that even if A& F Auto goes away and Roger's comes in, he doesn't know that this is the right site. Wofcott stated that he too was on the Planning Commission in 1979. He asked Thompson if the Council could even legally consider another nonconforming use in reference to page 10, #11. Thompson responded that a new use must be established, not just an expansion. You cannot expand a lawfully nonconforming building. Under Section 28 19(e), if a lawful nonconforming use is identified, then a Conditional Use Permit must be sought for expansion. However, the Conditional Use Permit from 1995 has expired. Shiely stated that she would like to resolve the Planning Commission's decision issue first before moving onto other actions Wolcott asked what would happen if both the north and south acres were combined. The south portion is nonconforming, therefore, it cannot be expanded without the proper documents. The 1981 documents did not include the legal description for Cecil Martin's land and that makes the documents invalid. However, stated Kohls, the City has allowed the operation of his business since 1981. Mr. Karlovich stated that the 1979 Conditional Use Permit allowed him to operate this business (A&F) and that it included Mr. Cecil Martin. The land changed hands in 1981 Regular Meeting - April 7, 1999 Cottage Grove City Council Page 15 • but the Conditional Use Permit was issued to Cecil Martin also validating his right to operate this business. The applicant wants to work with the City. The applicant's attorney suggested that the easy way was for the Counci� to reverse the decision of the Planning Commission. The applicant does not want to go through any more hearings and proceedings. They still believe the 1995 Conditional Use Permit to be valid. Kohls had a concern that if the Council held up the Planning Commission's decision, legally, the Conditional Use Permit would not be valid and Cecil Martin would have no legal reason to be there. Thompson stated that if the City Council accepted the Planning Commission's decision, the applicant could still apply for another Conditional Use Permit. Cecil Martin stated for the record that when you go back through the legalese, there were mistakes all over the place. However, what he did in 1995, he did in good faith. The operation has changed very little. He has met all the conditions of the 1995 CUP except build the building. Wolcott stated that the City Council was here discussing this tonight because a hearing needed to be done in 30 days. Thompson stated that the hearing needed to be done in • thirty days, but that the action might take longer. Wolcott stated his understanding that no new information would be introduced. He feels that much of what has been said is new information. Mayor Denzer stated that the 1995 CUP was to operate the business, but that it also had the condition of building a new building. Thompson reiterated the options that the Council had at this point. Shiefy asked if the CUP was invalid because the building wasn't built, can't another CUP be applied for and looked at by Council. Mayor Denzer called for a motion. MOTION BY WOLCOTT, SECONDED BY SHIELY TO TABLE THIS ISSUE TWO WEEKS UNTIL THE NEXT C1TY COUNCIL MEETING. MOTION CARRIED. 5-0. Cecil Martin stipulated to a two week extension in good faith. Ado�t Joint Powers Agreement Establishing Red Rock Corridor Commission, and A�point Council member ShielXas Cottage Grove Commission Representative, and AQpoint Commission Alternate . Schroeder stated that this was an agreement to formalize what was taking place currently. He stated the Council also needs to appoint an alternate for Shiely, who is acting as representative today. � Regular Meeting - April 7, 1999 Cottage Grove City Council Page 16 u Kohls volunteered to run as alternate. MOTION BY WOLCOTT, SECONDED BY RICE TO: 1. ADOPT THE JOINT POWERS AGREEMENT ESTABLISHING THE RED ROCK COMMISSION. 2. APPOINT COUNCILMEMBER SHIELY AS THE COTTAGE GROVE COMMISSION REPRESENTATIVE. 3. APPOINT COUNCILMEMBER KOHLS AS THE COTTAGE GROVE ALTERNATE. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. COUNCIL COMMENTS AND REQUESTS � Wolcott stated that there will be a Board of Review on April 14, 1999 from 4 p.m. to 6 p.m. and that three members need to be present. Shiely, Rice and Mayor Denzer volunteered to attend. Kohls offered her congratulations to Nicole Debase for being accepted at the Boston Conservatory. She has had several calls on residential speeding and urged the citizens to slow down and be safe especially as there are more children outside. Finally she updated the Watershed Local Advisory Meeting on the eight options for storm water form the south and the ranking of them. In the meeting it came out that the MC interceptor from the north does not look as favorable as County Road 19. Shiely asked for an update on the Park High Sign. Administrator Schroeder reported he was looking into other alternatives since the MNDOT does not allow signs within their right-of-way. PAY BILLS MOTION BY RICE, SECONDED BY SHIELY TO APPROVE PAYMENT OF CHECK NUMBERS 107090 TO 107335 TOTALING $430,515.05. MOTION CARRIED. 5-0. At 11:10 p.m., Mayor Denzer temporarily adjourned the Regular Council meeting to the Open Workshop session. . WORKSHOP SESSION - OPEN TO THE PUBLIC � Regular Meeting - April 7, 1999 Cottage Grove City Council Page 17 • Public Safe� Traininq Facility City Administrator Schroeder in his memorandum dated March 22, 1999, reviewed recent history regarding the need and analysis for a public safety training facility with many other cities in Washington County. The committee involved with this project has redefined the project needs based on their analysis. Discussion has also been taking place to begin funding, financing, and operating requirements. Schroeder has included in the packet for the Council members' review, the preliminary cost estimate, which is $8,889,600. He is suggesting that Cottage Grove could look forward to a contribution in the neighborhood of $115,438 over a twenty year period just to pay off the bonds for the facility. Some committee members have suggested that the operating expenses would be covered by outside revenues but that the work has not yet been done to justify that assertion. Just as a note, the entire training budget for the entire City ranges from about $115,000 to $140,000 per year over the past few years, he noted. Wolcott stated he was in favor of training and the need for a training center; however, he felt since the training is mandated by the State and POST perhaps they should sponsor the cost of the center and put up a few centers around the metropolitan area. Wolcott stated he does not see a need for centers in every county. • Schroeder was concerned that Cottage Grove, because of size may not have times or the opportunities the need for training with joint centers. Kinsey shares this concern, but did indicate that there was a committee looking at regional centers on the state level. Shiely stated that Cottage Grove certainly could not afford $115,000 per year as requested. Schroeder stated there were currently a couple of centers, but long distances. Kohls stated that she would like to see a center closer than Blaine or Edina. The cost of land in this plan is high, she wanted to know where they got the figures. Schroeder indicated that they were looking at Woodbury and that the utility issues were reflected in the price. Council directed Administrator Schroeder to "proceed with caution." On April 13 at 7 p.m., 3M will conduct a follow-up community survey. If the Council members have questions, please forward them to Administrator Schroeder. WORKSHOP SESSION - CLOSED OT THE PUBLIC - None. . ADJOURNMENT � Regular Meeting - April 7, 1999 Cottage Grove City Council Page 18 • MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADJOURN THE REGULAR COUNCIL MEETING AT 11:35 P.M. MOTION CARRIED. 5-0. Respectfully submitted, Deb Hawkinson Recording Secretary TimeSaver Off Site Secretarial, Inc. �