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HomeMy WebLinkAbout1999-04-21 MINUTES., a FINAL AGENDA � COTTAGE GROVE CITY COUNCIL APRIL 21, 1999 Persons wishing to address the Council during this meeting are asked to fill out a"Speaker Signup Form" and return the form to any Statf Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chambers. WORKSHOP SESSION - OPEN TO PUBLIC - 7:00 P.M. Discuss the creation of a skateboard park in Cottage Grove and authorize staff to proceed with the project. Staff Recommendation: Approve plans to create skateboard park. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of the Regular Meeting agenda, but must limit remarks to two (2) minutes. Open forum will adjourn to the Regular • Meeting promptly at 7:30 p.m. Open Forum and a portion of the Regular Meeting are televised LIVE, airing on Government Channel 12. REGULAR MEETING - 7:30 P.M. CALL TO ORDER — Mayor ROLL CALL — City Clerk ADOPTION OF AGENDA 2. PRESENTATfONS A. Proclaim April 22, 1999 as "Volunteer Day" for the City of Cottage Grove. B. Proclaim April 30, 1999 as "Arbor Day" for the City of Cottage Grove. C. Presentation of the City's first place award in the 1999 Innovative Safety Contest sponsored by the League of Minnesota Cities lnsurance Trust. *D. Presentation from City Assessor regarding property value changes recommended by Board of Review. 3. APPROVAL OF MINUTES A. March 17, 1999 Regular Meeting. � y APRIL 21, 1999 AGENDA Cottage Grove City Council . 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Parks, Recreation and Natural Resources Commission of March 22, 1999. ii. Economic Development Authority of March 9, 1999. iii. Public Works Commission of March 8, 1999. B. Adopt resolution accepting citizen donations of cash for the Great Grove Get Together and Cottage Grove Jaycees community celebration. Staff Recommendation: Adopt the resolution. C. Adopt resolution accepting donations of cash from Shamrock Liquors and Mike Rygh Homes for the Great Grove Get Together celebration. Staff Recommendation: Adopt the resolution. D. Approve reappointments of AI Einberger, Keith Kleinsasser, and Kip Sundgaard to the Advisory Committee on Historic Preservation for terms to expire on February 28, 2001. Staff Recommendation: Approve the reappointments. E. Authorize staff to work with Hoff, Barry & Kuderer, P.A. for various legal services. Staff Recommendation: Authorize staff to work with Hoff, Barry & Kuderer, P.A. F. Adopt resolution clarifying the duration of Tax Increment Financing District 1-7. Staff Recommendation: Adopt the resolution. G. Approve renewal of consumption and display permit application for Boondocks • Bar and Grill. Staff Recommendation: Approve renewal of consumption and display permit application. H. Adopt resolution approving bingo hall license renewal for Phoenix Partners of Cottage Grove to conduct lawful gambling at Cottage Square Mall. Staff Recommendation: Adopt the resolution. I. Approve SoWashCo Ambulance Joint Powers Agreement between the cities of Cottage Grove, St. Paul Park, and Newport for 1998 and 1999, and authorize the Mayor and City Administrator to execute the agreement. Staff Recommendation: Approve Joint Powers Agreement, and authorize Mayor and City Administrator to execute the agreement. J. Authorize issuance of outdoor event permit for Demori's Restaurant and Lounge for a dance to be held on June 12, 1999, subject to conditions. Staff Recommendation: Authorize issuance of outdoor event permit subject to conditions. K. Adopt resolution approving final plat for 57-lot residential subdivision named Pine Forest 5th Addition, and adopt resolution ordering public improvements and preparation of plans and specifications. Staff Recommendation: Adopt the resolutions. L. Adopt resolution approving construction plans and specifications and setting bid date for 1999 Pavement Management Improvement Project Area A Staff Recommendation: Adopt the resolution. • M. Approve April to June contribution to the Youth Service Bureau in the amount of $2,500. Staff Recommendation: Approve the contribution. i . � APRIL 21, 1999 AGENDA Cottage Grove City Council N. Authorize upgrading of the City's phone system at a cost of $14,140 and authorize the replacement of the voicemail system at a cost of $17,436 to ensure Year 2000 compliance. Staff Recommendation: Authorize upgrading of City's phone system and replacement of voicemail system. O. Adopt resolution designating state aid roadways within the City limits. Staff Recommendation: Adopt the resolution. P. Authorize staff to purchase computer file server from Unisys Corporation in the amount of $9,714.32, and Novell networking software for up to $3,000. Staff Recommendation: Authorize the purchase of file server and software. *Q. Appoint Christopher ponahoe to regular full-time status with the Public Safety Department effective May 4, 1999. Staff Recommendation: Approve the appointment. *R. Appoint Patricia Storby to regular full-time status with the Public Works Department effective May 1, 1999. Staff Recommendation: Approve the appointment. 5. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES 6. PUBLIC HEARINGS 7. BID AWARDS • 8. UNFINISHED AND NEW BUSINESS A. Decide whether to waive statutory tort per-person limit pertaining to the City's liability insurance coverage. Staff Recommendation: Decline waiver of monetary limits on municipal tort liability. B. Approve zoning ordinance text amendment to conditional uses in residential districts relating to golf courses and country clubs. Staff Recommendation: Approve the texf amendment. C. Approve conditional use permit for proposed golf course expansion including a restaurant with full liquor, retailing, and banquet/reception assembly uses, and approve site pian review for a 7,040 square-foot clubhouse and parking lot improvements. Staff Recommendation: Approve conditional use permit and site plan review. D. Review decision made by Planning Commission acting as Board of Zoning Appeals to uphold decision of the Zoning Administrator to deny a building permit application for Roger's Auto & Truck Parts, Inc. Staff Recommendation: Affirm decision of the Board of Zoning Appeals to uphold decision of the Zoning Administrator to deny a building permit application for Roger's Auto & Truck Parts, Inc. � U :� . - , APRIL 21, 1999 AGENDA Cottage Grove City Council : E. Approve final draft of Surface Water Management Plan and authorize staff to submit the document to the South Washington Watershed District and the Metropolitan Council for their review. Staff Recommendation: Adopt draft Surface Water Management Plan and authorize staff to submit it to the South Washington Watershed District and Metropolitan Council. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve Payment of Check Numbers 107336 to 107529 in the Amount of $398.379.43. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Discuss federal and state funding sources for reconstruction of the Burlington Northern Bridge on 103rd Street. B. ITEM MOVED TO 7:00 WORKSHOP SESSION C. Discuss entrance monument for 80th Street as part of the roadway construction project. • 13. WORKSHOP SESSION — CLOSED TO PUBLIC A. Discuss billboard appeal along Highway 61. *B. Discuss pending litigation. ADJOURNMENT * Monday Packet Items � ` SPECIAL MEETING COTTAGE GROVE CITY COUNCIL April 21, 1999 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a special meeting on Wednesday, April 21, 1999, at the Cottage Grove City Hall, 7516 80 Street South. Mayor Denzer called the meeting to order at 7:00 p.m. ROLL CALL Present: Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Walcott Also present: Ryan Schroeder, City Administrator • John Fredrickson, Asst. Public Works/Parks & Recreation Director Terry Miller, Chair of the Parks, Recreation and Natural Resources Commission Mayor Denzer presided over the meeting. Members of the Inline/Skateboard Task Force and Staff met with the City Council to discuss a proposal to build an inline/skateboard park in Hamlet Park. The proposal called for the City of Cottage Grove to finance the cost for paving of one of the two hockey rinks from the Park Trust Fund Account, with private donations being solicited and use for the purchase and construction of various ramps, rails, table tops, half pipes, and other play apparatus. Task Force Members presented scaled models of the various pieces to help il{ustrate what the skate park would look like. They play apparatus is to be built by volunteers at the Cottage Grove Ice Arena and stored at the Cottage Grove Public Works Department during the off-season. Preliminary cost to pave the rink was estimated at $15,000. The Council supported the idea of building an inline/skateboard park at Hamlet • Park and directed staff to solicit quotations to pave the rink. The special meeting adjourned to the regular meeting at 7:15 p.m. _ -.:, � REGULAR MEETING • COTTAGE GROVE CITY COUNCIL April 21, 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 not scheduled for Council action and not 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 Kim Lindquist, Community Development Director • Liz Johnson, Director of Finance Mayor Denzer presided over the meeting. Elmo G. Martin, 8688 Ira Avenue South, stated that people who walk their animal without a leash and who do not pick up animal feces, especially from public property, should be double fined. He stated he has witnessed some problems on the Armstrong School property near his home. Mayor Denzer stated that he would refer the issue on to the Public Safety Department Pat Owen, 7955 110 Street South, requested that a handicap sign be placed on her street to help protect her neighbor's deaf child. She stated she has not received a response to her previous request to Public Safety. Kohls shared that she was aware of the request and that it had been placed on the Public Safety, Health and Welfare Commission's agenda, but did not know the resolution of the matter. Administrator Schroeder stated that the Public Works Department would install an advisory sign. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, April 21, 1999, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. • Regular Meeting — April 21, 1999 Cottage Grove City Council Page 2 � • � U ROLL CALL Present: Absent Mayor John Denzer Council Member Cheryl Kohls Council Member Pat Rice Council Member Sandy Shiely Council Member Jim Wolcott None Also present: Ryan Schroeder, City Administrator Jerry Bourdon, City Engineer - BRAA John Fredrickson, Assistant Public Works/Parks & Recreation Director Elizabeth Johnson, Finance Director Kim Lindquist, Community Development Director Jim Kinsey, Public Safety Director Corrine Thompson, City Attorney - Kennedy & Graven ADOPTION OF AGENDA Schroeder asked that the final agenda be amended to move Item 13B to Workshop Session as Item 12B. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED. 5-0. PRESENTATIONS "Volunteer Day" in the City of Cottage Grove Kohls read aloud the proclamation declaring April 22, 1999, as "Volunteer Day" in the City of Cottage Grove. "Arbor Day" for the City of Cottaqe Grove Shiely read aloud the proclamation declaring April 30, 1999 as "Arbor Day" in the City of Cottage Grove. 1999 Innovative Safety Contest - Leaque of Minnesota Cities Insurance Trust Fredrickson presented to the Council a plaque from the League of Minnesota Cities Insurance Trust, a"First Place" award for its submission in the 1999 Innovative Safety Contest. Fredrickson reported that Mark Olson and Boni Schroeder of the Public Works Department suggested purchasing a used four-yard dumpster trailer that could be hauled Regular Meeting — April 21, 1999 Cottage Grove City Council Page 3 • to each park on the back of a truck and garbage could be dumped into it. The trash containers could be lifted and the trash dumped into the dumpster, saving the need to have an employee lift each barrel at least three times. Presentation from City Assessor reqardinqproperty value chanqes recommended by the Board of Review. Jeannette Peterson, City Assessor, reported the Board of Review was held April 14. At that meeting, the following four (4) property values were changed: ➢ Property of Kathleen Weber. This property is land locked on three sides. Thus, the property value was lowered. ➢ Property of Curtis Thompson. This property is land locked on three sides. Thus, the property value was lowered. ➢ Property of Eugene Brenner. A minor adjustment to his property value was made. ➢ Property of James Barnett. His basement was not finished as reported on the tax rolls. Thus, the property value was lowered. APPROVAL OF MINUTES • The minutes of the March 17, 1999, Regular City Council meetings were accepted with the following minor changes requested by Kohls: ➢ Page 2, second to last paragraph, second sentence: four-foot shoulders should be changed to six feet. ➢ Page 2, same paragraph, next sentence: "Bourden indicated that four foot shoulders would not meet the guidelines..." ➢ Page 2, same paragraph, second to fast sentence should be struck from the record. Mayor Denzer asked that the minutes be accepted, as amended. CONSENT CALENDAR For discussion purposes, Wolcott pulled items B, C and E; Kohls pulled item N; and Mayor Denzer pulled item O. Wolcott thanked the citizens and businesses in the community who donated to the Cottage Grove Great Grove Get Together Celebration and Cottage Grove Jaycees annual fireworks display. Wolcott asked that item E be pulled from the consent calendar and placed on the agenda later in the meeting. He had several questions regarding the matter. • Kohls questioned what funds were available in the Y2K fund. She asked if there would be enough funds available for future Y2K issues that may arise. Regular Meeting — April 21, 1999 Cottage Grove Cify Council Page 4 �J Shiely pointed out that she too had this question. She thought the account was over spent. Wolcott expressed his concern also and requested that Staff summarize a11 modifications and associated costs to Y2K that need to be taken from the General Fund. Schroeder stated that he would do this and bring the information to the Council for review. In this case, the voice mail system will not work in the year 2000 and the PBX switch also must be replaced. That particular model is no longer available, nor will there be any future upgrades. Schroeder also stated that Y2K funds would be taken from other budgets also. For example, the changes to the water system will come from the water budget and so forth. Denzer asked if Public Safety was covered as far as modifications needed. Schroeder explained that these were planned for in their budget. He stated he understands that the dispatch system is Y2K compliant. Mayor Denzer had some concerns regarding MSA funding sources. He asked Bourdon what was covered under MSA funds. Bourdon responded that 103� Street and Grey Cloud Trail are in the system and should not be removed. However, Harkness from 70' to 8p` • Streets could be removed and 85�" Street from Keats to Kimbro Avenues could be added. This would add MSA revenue received from the State. MOTION BY RICE, SECONDED BY WOLCOTT, TO AMEND THE RESOLUTION ESTABLISHING MUNICIPAL STATE AID ROADWAYS, AS FOLLOWS: ➢ REMOVE HARKNESS AVENUE FROM 70 STREET TO 80 STREET; ➢ ADD HARDWOOD AVENUE FROM 70 STREET TO 80 STREET; AND ➢ ADD 85 STREET FROM KEATS AVENUE TO KIMBRO AVENUE MOTION CARRIED. 5-0. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MEETING MINUTES: i. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION OF MARCH 22, 1999. ii. ECONOMIC DEVELOPMENT AUTHORITY OF MARCH 9, 1999. iii. PUBLIC WORKS COMMISSION OF MARCH 8, 1999. B. ADOPT RESOLUTION NO. 99-51, A RESOLUTION ACCEPTING CITIZEN � DONATIONS OF CASH FOR THE GREAT GROVE GET TOGETHER AND COTTAGE GROVE JAYCEES COMMUNITY CELEBRATIONS. Regular Meeting — April 21, 1999 Cottage Grove City Council Page 5 • C. ADOPT RESOLUTION NO. 99-52. A RESOLUTION ACCEPTING DONATIONS OF CASH FROM SHAMROCK LIQUORS AND MIKE RYGH HOMES FOR THE GREAT GROVE GET TOGETHER CELEBRATION. D. APPROVE REAPPOINTMENTS OF AL EINBERGER, KEITH KLEINSASSER, AND KIP SUNDGAARD TO THE ADVISORY COMMITTEE ON HISTORIC PRESERVATION FOR TERMS TO EXPIRE FEBRUARY 28, 2001. E. MOVED TO UNFINISHED AND NEW BUSINESS. F. ADOPT RESOLUTION NO. 99-53, A RESOLUTION CLARIFYING THE DURATION OF TAX INCREMENT FINANCING DISTRICT 1-7. G. APPROVE RENEWAL OF CONSUMPTION AND DISPLAY PERMIT APPLICATION FOR BOONDOCKS BAR AND GRILL. H. ADOPT RESOLUTION NO. 99-54, A RESOLUTION APPROVING RENEWAL APPLICATION OF PHOENIX PARTNERS OF COTTAGE GROVE FOR A BINGO HALL LICENSE. I. APPROVE SOWASHCO AMBULANCE JOINT POWERS AGREEMENTS • BETWEEN THE CITIES OF COTTAGE GROVE, ST. PAUL PARK, AND NEWPORT FOR THE YEARS 1998 AND 1999, AND AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY. J. AUTHORIZE ISSUANCE OF AN OUTDOOR EVENT PERMIT TO DENNIS WOULFE, DBA DEMORI'S RESTAURANT AND LOUNGE, FOR AN OUTDOOR DANCE TO BE HELD IN THE COTTAGE SQUARE MALL PARKING LOT ON JUNE 12, 1999, SUBJECT TO COMPLIANCE WITH THE CONDITIONS OUTLINED IN THE MEMORANDUM FROM PUBLIC SAFETY DIRECTOR JIM KINSEY. K. ADOPT RESOLUTION NO. 99-55, A RESOLUTION APPROVING THE FINAL PLAT FOR A 57-LOT RESIDENTIAL SUBDIVISION NAMED PINE FOREST 5 T " ADDITION. ADOPT RESOLUTION NO. 99-56, A RESOLUTION ORDERING PUBLIC IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PINE FOREST 5 ADDITION. L. ADOPT RESOLUTION NO. 99-57. A RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS AND SETTING BID DATE FOR 1999 PAVEMENT MANAGEMENT IMPROVEMENT PROJECT AREA "A." M. APPROVE APRIL TO JUNE CONTRIBUTION TO THE YOUTH SERVICE BUREAU FOR $2,500. Regular Meeting — April 21, 1999 Cottage Grove City Council Page 6 • N. AUTHORIZE AN UPGRADE OF THE CITY'S PHONE SYSTEM AT A COST OF $14,140 AND REPLACEMENT OF THE VOICE MAIL SYSTEM AT A COST OF $17,436 TO ENSURE YEAR 2000 COMPLIANCE. O. ADOPT RESOLUTION NO. 99-58, A RESOLUTION DESIGNATING STATE AID ROADWAYS WITHIN THE CITY LfMITS. P. AUTHORIZE STAFF TO PURCHASE A COMPUTER FILE SERVER FROM UNISYS CORPORATION FOR $9,714.32, AND NOVELL NETWORKING SOFTWARE FOR UP TO $3,000. Q. APPOINT POLICE OFFICER CHRISTOPHER DONAHOE TO REGULAR FULL- TIME STATUS WITH THE PUBLIC SAFETY DEPARTMENT EFFECTIVE MAY 4, 1999. R. APPOINT ADMINISTRATIVE SECRETARY PATRICIA STORBY TO REGULAR FULL-TIME STATUS WITH THE PUBLIC WORKS DEPARTMENT EFFECTIVE MAY 1, 1999. MOTION CARRIED: 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. • PUBLIC HEARINGS — None. BID AWARDS — None. UNFINISHED AND NEW BUSINESS Decide whether to waive statutory tort per-person limit �ertainina to the City's liability insurance coverac�e. City Clerk Caron Stransky introduced Bill Husbands, the risk management consultant recently hired under a three-year professional services contract. In the memo from Stransky and Husbands, it was reported that since November 16, 1997, the LMCIT increased the municipal tort liability limits to $750,000 per occurrence. ln addition, the LMCIT changed how the liability coverage is structured. Under the new coverage form, the statutory provisions that limit the City's liability to $300,000 per person were no longer automatically waived. The City however has the option to waive the statutory per-person limit. If the City does, the coverage would be structured the same as previous coverage, but with a higher limit. Staff recommended that the City Council not waive the monetary limits on municipal tort . liability. This is the same action taken last year. Regular Meeting — April 21, 1999 Cottage Grove Cify Council Page 7 • Husbands informed the Council that he was looking forward to working with the City and finding ways to reduce or minimize risks. He stated he has already been working on some issues with Public Safety and Staff. Kohls asked Husbands to explain what he did for the benefit of the public present. Husbands stated that he would be working on a number of issues from risk management to workers compensation to insurance acquisition issues to safety and so forth. He will be working with the City to identify where the risks are, what they are, what could be done to effectively and efficiently manage the risks. This may include some policy and procedure changes in the future. MOTION BY SHIELY, SECONDED BY RICE, TO NOT WAIVE THE MONETARY LIMITS ON MUNICIPAL TORT LIABILITY. MOTION CARRIED: 5-0. Approve Zoning Ordinance Text Amendment to Conditional Uses in Residential Districts MOTION BY WOLCOTT, SECONDED BY SHIELY, TO PASS ORDINANCE NO. 663. AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 28, SECTION 28-53(c)(4), R-1, RURAL RESIDENTIAL DISTRICT; SECTION 28-54(c)(3), R-2, RESIDENTIAL ESTATE DISTRICT; SECTION 28-54(c)(4), R-2.5, • RESIDENTIAL DISTRICT; SECTION 28-55(c)(3), R-3, SINGLE FAMILY RESIDENTIAL, RELATING TO CONDITIONAL USES IN RESIDENTIAL DISTRICTS. MOTION CARRIED: 5-0. Conditional Use Permit and Site Plan Review — River Oaks Golf MOTION BY RICE, SECONDED BY WOLCOTT, TO ADOPT RESOLUTION NO. 99-59, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE GOLF COURSE EXPANSION INCLUDING A RESTAURANT WITH FULL LIQUOR, RETAILING AND ASSEMBLY USE, AND A SITE PLAN REVIEW FOR A 7,040 SQUARE FOOT CLUBHOUSE ADDITION AT THE RIVER OAKS MUNICIPAL GOLF COURSE, 11099 SOUTH HIGHWAY 61. MOTION CARRIED. 5-0. Review decision made bx Planning Commission acting as Board of Zoninq Appeals to uphold decision of the Zoning Administrator to deny a building permit application for Roger's Auto and Truck Parts, Inc. Jay C. Werner, 7641 113` Street South, stated that he was opposed to starting any new businesses along Ideal Avenus. Although it is primarily rura{ in nature, it has changed. He stated he does not want to see the additional traffic that a retail business would attract. He stated he would like this area to stay as rural as possible. A new business would set a precedent. . Mike Rygh, 8235 115 Street South, asked if plans have been made to increase the `� "grade" level of Ideal Avenue with the anticipated greater traffic due to the retail entities. Also, Rygh stated he was concerned that the City can not manage the problem already Regular Meeting — April 21, 1999 Cottage Grove City Council Page 8 • there with A&F Auto. There are outside-stored vehicles all the way to the edge of the property now, and in his opinion, this was not acceptable. Roger's Auto's attorney Joe Karlovich stated that he was available to answer any questions. He also distributed a letter to Council members regarding the 1995 Conditional Use Permit. He stated that the CUP did not authorize a used-car dealership or any other large business. Mayor Denzer asked the applicant when he made a purchase offer on his brother's 7.5 acres. E. Novel from Edina Reality stated that the offer was made this past Saturday. The current asking price is roughly four times greater than the value of the property. Pat Owen, 7955 110` Street South, stated that if the new business would improve the neighborhood, let it happen. She stated that the property has been used as a junkyard for so long that she would not want to build a home on it. Elmo Martin, 8688 Ira Avenue South, the applicant's brother, addressed the Council. He stated he felt the City was "pitting brother against brother" and that this can not go on. • City Attorney Corrine Thomson referred to her memo to the Council included in the Agenda packet. She stated she would like to correct Option C. If the Council adopts Option C, they would be agreeing that the 1979-CUP did indeed refer to both pieces of property or the entire fifteen acres. This CUP allows for a building. However, the physical legal description of that proposed building is not indicated on the CUP. There are drawings, but they are "not to scale" and there is no way to tell if the building is setback properly according to the terms outlined in the CUP. Cecil Martin stated he has never used his property for external storage of vehicles improperly. His intent in getting a used car license was to "shuffle cars." The Roger's Auto proposal is not doing anything new as compared to what he is currently doing, it is simply making the operation comply with the law more closely. Wolcott asked Thomson to explain the difference between Options B and C. She stated that if the Council ruled with Option B, they were upholding the decision of the Planning Commission which states that the 1979 CUP does not include the north 7.5 acres, that the 1995 CUP has expired and that it required a variance that also has expired. However, it says that because errors have occurred on both parties parts and each has acted in good faith on their belief, that a continued usage could occur. This goes to a legal theory of Estoppel and that would allow the current use plus the ability to construct the building. It doesn't make it a conforming use, however. Should the building be destroyed by a disaster, the owner would not be allowed to rebuild according to current ordinances. She • noted that Karlovich has offered this option as a compromise. `" Option C, however, upholds the Planning Commission's findings as to the 1995 CUP. However, it assumes the 1979 CUP does include the entire 15 acres and that resolution Regular Meeting — April 21, 1999 Cottage Grove City Council Page 9 • allows the construction of a building. Should the Council chose Option C, she suggested that it be amended to include a legal description of the physical property so that setbacks and other ordinances would be applicable. In this case, the property and its use become conforming and should anything happen to the building, etc., the owner would have the right to rebuild. Kohls asked if Option B states that the owner cannot expand this business. Does this mean he cannot purchase the adjacent property and expand on that, she asked. Thomson stated that the South 7.5 acres definitely is included in the 1979 CUP and is permitted as an expansion of a non-conforming use. Karlovich asked the Council to find either Option B or C and move forward. He still contends that the 1995 CUP is valid. Mr. Werner asked how someone could believe a CUP from twenty years ago is valid for constructing a building if it hasn't been acted upon until now. He doesn't see this as realistic. Wolcott asked if the 1995 CUP shows the building. Yes, stated Lindquist, but only on the northern 7.5 acres of C. Martin's property. The setbacks and proposed building is consistent with what is on that drawing. • Mayor Denzer took a few moments at this point to explain to the public that the Council was seeking a"win-win" solution for both parties. They did not want to end up in further litigation and yet desired to "clean up the area." Kohls stated she had two comments. One, this has been a difficult situation for all parties involved. One of the citizens stated that the City has not enforced the conditions of the CUP from 1995. This will change if she has anything to say about it. It will be cleaned up and the conditions will be enforced. Secondly, she stated she was leaning towards affirming the Planning Commission's decision. However, she understands that under Option B, the applicant has been operating in good faith assuming the 1995 CUP to be legal and allowing him to do what he is asking. She proposed Option B. WolcotYs response to her was that the owner would not be able to do anything if damaged by some natural or other disaster. He believes that Option C looks better all around. Thomson stated that Option B upholds the Planning Commission's decision, but that C upholds the decisions regarding the 1995 CUP, reverses the decisions on the 1979 CUP and reverses the building permit decision. Rice stated that lots of time, effort, and money has been dedicated to this issue. Yet, we seem to be going around in circles. He would like to see the issues resolved even if it . means stipulating new conditions and a new 1999 CUP. `" At this point, the Council continued the item to later in the meeting so that the attorneys could work out an agreeable arrangement to move forward. Regular Meeting — April 21, 1999 Cottage Grove City Council Page 10 • A�prove final draft of SurFace Water Management Plan and authorize staff to submit the document to the South Washington Watershed District and the Metropolitan Council for their review. Schroeder stated that the Council would effectively be ratifying staff's ability to send the document out for review by appropriate agencies. MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE THE FINAL DRAFT OF THE SURFACE WATER MANAGEMENT PLAN AND AUTHORIZE STAFF TO SUBMIT THE DOCUMENT TO THE SOUTH WASHINGTON WATERSHED DISTRICT AND THE METROPOLITAN COUNCIL FOR THEIR REVIEW. MOTION CARRIED. 5-0. Authorize staff to work with Hoff, Barry & Kuderer. P.A. for various leaal services. Wolcott pulled this item from the consent agenda because he had concerns when he saw the HRA issue raised. He asked Schroeder to explain who this firm was, their area of expertise, and why staff had chosen this firm. Schroeder stated that this firm has been recommended by the League of Minnesota Cities and that his experience with this firm has been that not only are they very good, but that • they work efficiently and effectively. Wolcott raised his issues with the HRA situation and asked Finance Director Elizabeth Johnson to determine just what the dollar amount was that HRA "owed" the City. Schroeder stated that the outstanding promissory notes are for around $175,000. However, promissory notes are missing. Schroeder, legal counsel, and the Finance Director would be meeting with the HRA for a presentation of the HRA's side of the issue. They would not be there to negotiate, but to gather information to come back and make recommendations on. These recommendations would be brought before the Council for action. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO AUTHORIZE STAFF TO WORK W1TH HOFF, BARRY & KUDERER, P.A. FOR VARIOUS LEGAL SERVICES. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS — None. COUNCIL COMMENTS AND REQUESTS Kohls pointed out that the Council had sound this evening and wanted to thank Michelle . Wolfe and the Cable Commission for fixing the problem. She also gave an update on the Washington County Water Governance Committee. Regular Meeting — April 21, 1999 Cottage Grove City Council Page 11 • Wolcott asked for an update on the mediation process that was held this afternoon in which the City participated. Shiely explained that the City, as one of the victims first stated how the damage to City property affected them both monetarily and "in the spirit." The offenders then spoke, as did their parents. The offenders apologized to the City and restitution was established. Kohls stated that she believed that the offenders would think twice before doing anything like that again. They will be "paying long and hard." Rice had also attended the meeting. Mayor Denzer stated that a prominent active City volunteer died last Tuesday. He asked that a moment of sifence be taken in his memory and in the memory of the student killings in Littleton, Colorado. PAY BILLS MOTION BY SHIELY, SECONDED BY RICE TO APPROVE PAYMENT OF CHECK NUMBERS 107336 TO 107529 IN THE AMOUNT OF $398,379.43. MOTION CARRIED. 5-0. Roger Truck and Auto Parts, Inc. • Thomson presented a recommendation the attorneys had agreed upon in their meeting. She felt the record would support Option C as outlined in her memo. This would affirm the Planning Commission's decision that the 1995-CUP had expired, as had the variance. However, it would reverse the decision on the 1979-CUP and find that it included all fifteen acres including those now owned by Cecil Martin. Additionally, it would reverse the decision to deny the building permit and allow a permit to be issued. The attorneys agreed that the 1979-CUP findings give an erroneous legal description of the property. At the next Council meeting, this will need to be amended to include the fegal description of the north 7.5 acres along with a new resolution. This will not impact the south 7.5 acres, Alvin Martin's property, in any fashion. Thomson recommended that the building permit be submitted and accepted by staff. She also recommended that the new resolution contain more stringent guidelines on the usage and include all of the 1995 guidelines, except the requirement for a variance, and any other mutually agreed upon guidelines between staff and Mr. Martin. Shiely stated she sees an eventful clash, if not a current one, with industrial type businesses and residential uses being next to each other. She believed that this was passing on a problem for future Councils unless it is resolved just as this problem has been passed on to this Council. She stated she will not be voting in favor of any motion allowing a building permit to be issued. She stressed that this was not a personal issue, but rather a zoning land-use issue. • MOTION BY KOHLS, SECONDED BY WOLCOTT, TO ACCEPT THE ATTORNEY'S � RECOMMENDATION. MOTION CARRIED. 4-1. (COUNCIL MEMBER SHIELY VOTING NAY). Regular Meeting — April 21, 1999 Cotfage Grove City Council Page 12 WORKSHOP SESSION - OPEN TO THE PUBLIC Discuss federal and state fundinq sources for reconstruction of the Burlington Northern Bridge on 103` Street. Schroeder asked the Council to authorize staff and engineering to start seeking funds for this construction improvement. This is an extremely preliminary step and any findings and recommendations will be brought back to Council for review and authorization to move forward. Wolcott agreed on the need to move forward. However, he wanted to receive a report from staff on the status of the MSA fund. Entrance Monument for 80` Street South Schroeder presented several examples of monument signs designs. Wolcott stated that what he had in mind was similar to the "Cedar Springs Estate," sign. All he wanted was a simple, nice, tasteful sign that does not cost a lot. He felt the sign should say "Welcome to Cottage Grove." There should be one on both sides of the bridge. Lindquist will present additional options to the Council in June. • Discuss Pending Litigation Schroeder indicated that this item did not need to be discussed in a closed session. He recommended that the Council direct the Planning Commission to amend zoning ordinance language to help alleviate future issues such as Roger's Truck and Auto Parts, Inc. Kohls stated that she did not understand why an Interim Use Permit system was not used instead of Conditional Use Permits in cases like this. Then a"sunset date" could be assigned. WORKSHOP SESSION - CLOSED TO THE PUBLIC - None. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY SHIELY. TO ADJOURN THE REGULAR COUNCIL MEETING AT 10:00 P.M. MOTION CARRIED. 5-0. Respectfully submitted, • Deb Hawkinson Recording Secretary �" TimeSaver Off Site Secretarial, Inc.