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Home My WebLink About1999-08-11 MINUTESK� - ,.. y FINAL AGENDA � COTTAGE GROVE CITY COUNCIL AUGUST 11, 1999 Persons wishing to address the Council during this meeting are asked to fill out a "Speaker Signup Form" and return the form fo any Staff Member prior to the start of the meeting. Speaker Signup Forms are located on each audience chair in the Council Chamber. OPEN FORUM - 7:15 P.M. Persons may address the City Council on subjects that are not a part of fhe 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 1. ADOPTION OF AGENDA 2. PRESENTATIONS 3. APPROVAL OF MINUTES A. July 21, 1999 Regular Meeting. 4. CONSENT CALENDAR A. Accept and Place on File the Following Minutes: i. Parks, Recreation and Natural Resources Commission of July 12, 1999. ii. Planning Commiss+on of May 24, 1999. B. Adopt resolution accepting donation of one Preliminary Breath Testing Device valued at $350 from the Minnesota Department of Public Safety. Staff Recommendation: Adopt the resolution. C. Adopt resolutions declaring costs and calling for a public hearing on four assessment construction projects. Staff Recommendation: Adopt the resolutions. D. Adopt resolution approving final payment of $3,373.25 to Arrow Sprinkler on the Public Works Building Expansion Project. Staff Recommendation: Adopt the resolution. • E. Receive employee training update. Staff Recommendation: Receive update. • f � AUGUST 11, 1999 AGENDA Cottage Grove City Council • F. G. H. I . J. K. L. • M N. O. *P. *Q. . Adopt resolution in support of motor vehicle licensing legislation. Staff Recommendation: Adopt the resolution. Adopt resolutions approving the preliminary and final plats for Hidden Valley 8th Addition, which changes the lot line between two parcels currently platted under Hidden Valley 7th Addition. Staff Recommendation: Adopt the resolutions. Approve Change Order No. 1 to Danner, Inc. for $22,600 on the Kingsborough Woods Improvement Project. Staff Recommendation: Approve the change order. Approve Change Order No. 4 to Tower Asphalt, Inc. for $10,093.31 on the 80th Street Reconstruction Project. Staff Recommendation: Approve the change order. Adopt resolution denying the comprehensive plan amendment requested by Jerry and Marge Julkowski to change the land use designation for their property at 6225 — 85th Street in order to develop three two-unit townhomes. Staff Recommendation: Adopt the resolution. Delay the appointment of new Planning Commission members until the City's Comprehensive Plan has been approved. Staff Recommendation: Delay the appointment of new Planning Commission members. Adopt resolution approving the conditional use permit for Light the Way Church to construct a 3,237 square-foot addition to their existing building at 7000 Jamaica Avenue. Staff Recommendation: Adopt the resolution. Adopt resolution approving the request by Gerlach Service, Inc. for a variance to Section 28-60(e)(3) to reduce a 75-foot rear yard setback requirement to 28 feet and a conditional use permit to allow the construction of a 50-foot by 70- foot addition on the south side of their building located at 11827 Point Douglas Road. Staff Recommendation: Adopf the resolution. Pass ordinance amending Chapter 26, Article II of the City Code relating to individual sewage treatment systems (ISTS) to enable the City to transfer responsibility for the ISTS management program to Washington County. Staff Recommendation: Pass the ordinance. Direct staff to draft letter in support of Red Rock Corridor Commission Resolution 99-1. Staff Recommendation: Direct staff to draft letter. Appoint Shannon Green to the Economic Development Authority. Staff Recommendation: Approve the appointment. Request Council direction to go forward with dissolution of SoWashCo, to include the abandonment of the Governance Committee and the Joint Powers Agreement, and to pursue an agreement with the cities of St. Paul Park and Newport. Staff Recommendation: Direction by Council for dissolution of So WashCo, and to pursue agreement with the cities of St. Paul Park and Newport. � • �. AUGUST 11, 1999 AGENDA Cottage Grove City Council Douglas Road. Staff Recommendation: Authorize issuance of tobacco license. • . 5. : Draw Water Tower and setting bid date. Staff Recommendation: Adopt the resolution. *S Authorize issuance of tobacco license to Tobacco Plus, Inc., 8461 East Point *R Adopt resolution approving plans and specifications for 1.0 million gallon West RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES PUBLIC HEARfNGS 7. BlD AWARDS A. Adopt resolution awarding contract for Portable Generators to Cummins North Central in the amount of $99,398. Staff Recommendation: Adopt the resolution. 8. UNFfNISHED AND NEW BUSINESS A. Adopt resolution denying Rumpca Excavating's conditional use permit application that proposes the construction of a 2,880 square-foot addition onto an existing nonconforming structure located at 10760 Ideal Avenue South. Staff Recommendation: Adopt the resolution. *B. Direct Hadley Avenue design process. Staff Recommendation: Direct design process. *C. Approve Ice Arena organization structure. Staff Recommendation: Approve organization structure. 9. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS A. Response to Council regarding speed study on Ideal Avenue between 110th and 113th Streets. *B. Response to Council regarding establishment of timeframe guidelines for Alcohol License violations. Staff Recommendation: Direct staff to update Alcohol Ordinance to include timeline guidelines and additional violafions. 10. COUNCIL COMMENTS AND REQUESTS 11. PAY BILLS A. Approve payment of check numbers 109154 to 109459 in the amount of �834.675.24. 12. WORKSHOP SESSION — OPEN TO PUBLIC A. Discussion with Washington County over turnbacks. B. Discussion regarding 80th Street entrance monument signage. C. Discussion regarding Ken Tschida's and Joe Zywiec's request for the City to approve the extension of sanitary sewer service to approximately 117 acres of land owned by Joe Zywiec. . . . :� AUGUST 11, 1999 AGENDA Cottage Grove City Council . 13. WORKSHOP SESSION — CLOSED TO PUBLIC A. Pursuant to Attorney recommendation, discuss City appeal of the witness fee court decision in Universal Outdoor vs. City of Cottage Grove. ADJOURNMENT * Late Packet Items • • r'1 ...�. y> ,�, . RE,GULAR MEETING ! COTTAGE GROVE CITY COUNCIL August 11, 1999 OPEN FORUM — 7:15 p.m. Open forum provides 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 Jim Wolcott Council Member Pat Rice Council Member Cheryl Kohls Council Member Sandy Shiely Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Jim Kinsey, Public Safety Director Corrine Thomson, Asst. City Attorney, Kennedy & Graven Michelle Wolfe, Assistant City Administrator • Kim Lindquist, Community Development Director There were no open forum issues. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, August 11, 1999 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 Jim Wolcott Council Member Pat Rice Council Member Cheryl Kahls Council Member Sandy Shiely Also Present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk Jerry Bourdon, City Engineer, BRAA Les Burshten, Public Works Director Jim Kinsey, Public Safety Director Corrine Thomson, Asst. City Attorney, Kennedy & Graven • Michelle Wolfe, Assistant City Administrator Kim Lindquist, Community Development Director • Mayor Denzer presided over the meeting. ADOPTION OF AGENDA REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 2 of 12 Council moved Item 4.J. to "Unfinished and New Business" as Item 8.D. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED. 5-0. PRESENTATIONS — None. APPROVAL OF MINUTES Council accepted the minutes of the July 21 regular meeting as presented by the City Clerk. CONSENT CALENDAR MOTION BY WOLCOTT, SECONDED BY RICE, TO: A. ACCEPT AND PLACE ON FILE THE FOLLOWING MINUTES: i. PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION MEETING OF JULY 12, 1999; AND ii. PLANNING COMMISSION MEETING OF MAY 24, 1999. • B. ADOPT RESOLUTION NO. 99-124, A RESOLUTION ACCEPTING DONATION OF ONE (1) PRELIMINARY BREATH-TESTING DEVICE FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY, FOR USE TO ASSIST THE POLICE DIVISION IN DETECTING INTOXICATED DRIVERS. C. ASSESSMENTS: i. SANDY HILLS 8 ADDITION STREET AND UTILITY IMPROVEMENTS: a. ADOPT RESOLUTION NO. 99-125, A RESOLUTION DECLARING COSTS TO BE ASSESSED ($119,504.03) AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL. b. ADOPT RESOLUTION NO. 99-126, A RESOLUTION CALLING FOR HEARING TO BE HELD SEPTEMBER 15, 1999 AT 7:30 P.M. ON PROPOSED ASSESSMENTS. ii. HIDDEN VALLEY 7 ADDITION STREET AND UTILITY IMPROVEMENTS: a. ADOPT RESOLUTION NO. 99-127, A RESOLUTION DECLARING COSTS TO BE ASSESSED ($989,305.64) AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL. b. ADOPT RESOLUTION NO. 99-128, A RESOLUTION CALLING FOR HEARING TO BE HELD SEPTEMBER 15, 1999 AT 7:30 P.M. ON PROPOSED ASSESSMENTS. iii. PINE FOREST 3 RD ADDITION STREET AND UTILITY IMPROVEMENTS: a. ADOPT RESOLUT/ON NO. 99-129, A RESOLUTION DECLARING COSTS TO BE ASSESSED ($22,486.21) AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL. b. ADOPT RESOLUTION NO. 99-130, A RESOLUTION CALLING FOR HEARING TO BE HELD SEPTEMBER 15, 1999 AT 7:30 P.M. ON PROPOSED ASSESSMENTS. • REGULAR MEETING — August 11, 9999 Cottage Grove City Hall Page 3 of 12 iv. 80 STREET ROAD IMPROVEMENTS: a. ADOPT RESOLUTION NO. 99-131, A RESOLUTION DECLARING COSTS TO BE ASSESSED ($605,144) AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL. b. ADOPT RESOLUT/ON NO. 99-132, A RESOLUTION CALLING FOR HEARING TO BE HELD SEPTEMBER 15, 1999 AT 7:30 P.M. ON PROPOSED ASSESSMENTS. D. ADOPT RESOLUT/ON NO. 99-133, A RESOLUTION APPROVING FINAL PAYMENT FOR $3,373.25 TO ARROW SPRINKLER ON THE PUBLIC WORKS BUILDING EXPANSION PROJECT. E. RECEIVE EMPLOYEE TRAINING UPDATE FOR JANUARY THROUGH JUNE 1999. F. ADOPT RESOLUT/ON NO. 99-134, A RESOLUTION SUPPORTING A FEE INCREASE FOR DEPUTY REGISTRARS. G. HIDDEN VALLEY 8 ADDITION: i. ADOPT RESOLUT/ON NO. 99-135, A RESOLUTION APPROVING THE PRELIMINARY PLAT. ii. ADOPT RESOLUTION NO. 99-136, A RESOLUTION APPROVING THE FINAL PLAT. H. APPROVE CHANGE ORDER NO. 1 TO THE KINGSBOROUGH WOODS UTILITY AND STREET IMPROVEMENTS CONTRACT WITH DANNER, INC., FOR $22,600. (BRAA FILE 48-99-104). • I. APPROVE CHANGE ORDER NO. 4 TO THE 80 STREET IMPROVEMENTS CONTRACT WITH TOWER ASPHALT, INC., FOR $10,903.31. (BRAA FILE 48-98-372). J. MOVED TO 8.D. K. DELAY APPOINTMENT OF NEW PLANNING COMMISSION MEMBERS UNTIL AFTER APPROVAL OF THE COMPREHENSIVE PLAN. L. ADOPT RESOLUTION NO. 99-138, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF AN ADDITION TO THE LIGHT THE WAY CHURCH, 7000 JAMAICA AVENUE SOUTH. M. ADOPT RESOLUT/ON NO. 99-139, A RESOLUTION GRANTING A VARIANCE TO SECTION 28-60(e)(3) OF THE CITY CODE TO REDUCE A 75-FOOT REAR YARD SETBACK REQUIREMENT TO 28 FEET; APPROVE A CONDITIONAL USE PERMIT FOR AN OPEN SALES LOT IN CONJUNCTION WITH A PERMITTED USE; AND SITE PLAN APPROVAL FOR CONSTRUCTION OF AN ADDITION AT 11827 POINT DOUGLAS RD. (APPLICANT: GERLACH SERVICE, INC.) N. PASS ORD/NANCE NO. 669, AN ORDINANCE FOR THE C1TY OF COTTAGE GROVE, MINNESOTA, AMENDING CHAPTER 26, ARTICLE II RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS. . REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 4 of 12 � O. SUPPORT THE RED ROCK CORRIDOR COMMISSION RESOLUTION NO. 99-1, ENCOURAGING THE APPROPRIATION OF FEDERAL FUNDS FOR LOCAL TRANSIT PLANNING. P. APPOINT SHANNON GREEN TO THE ECONOMIC DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE DECEMBER 31, 2003. Q. AUTHORIZE STAFF TO PROCEED WITH THE D{SSOLUTION OF THE SOWASHCO GOVERNANCE COMMITTEE AND JOINT POWERS AGREEMENT AND PURSUE AN AGREEMENT WITH THE CITIES OF ST. PAUL PARK AND NEWPORT. R. ADOPT RESOLUT/ON NO. 99-142, A RESOLUTION APPROVING CONSTRUCTION PLANS AND SPECIFICATIONS, ORDERING ADVERTISEMENT FOR BIDS, AND SETTING A BID DATE (SEPTEMBER 9, 1999 AT 11:00 A.M.) FOR THE 1.0 MILLION GALLON WEST DRAW WATER TOWER. S. AUTHORIZE ISSUANCE OF A TOBACCO LICENSE TO TOBACCO PLUS, 1NC., TO BE LOCATED AT 8461 EAST POINT DOUGLAS ROAD. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. PUBLIC HEARINGS - None. • BID AWARDS MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RESOLUTION NO. 99-140, A RESOLUTION AWARDING BID FOR THE PURCHASE OF PORTABLE GENERATORS FOR $99,398.00. MOTION CARRIED. 5-0. UNFINISHED AND NEW BUSINESS Conditional Use Permit - Rumpca Excavating Council reviewed the application of Rumpca Excavating for a conditional use permit to construct a 2,880 square foot addition onto an existing non-conforming structure located at 10760 Ideal Avenue South. Community Development Director Kim Lindquist outlined the Planning Commission's recommendation to deny the application. Wolcott stated there were two resolutions in the Council packet, one to deny and one to approve the application. He asked the applicant whether he received copies of the two resolutions. Gary Rumpca, 10760 Ideal Avenue South, confirmed he received both of the resolutions. Kohls asked Staff whether Rumpca Excavating owned both parcels since 1961. Lindquist . responded it was her understanding that both parcels were under the same ownership. She REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 5 of 12 • stated her office was not aware until recently that the proposed addition would straddle an interior property line that separates the site into two different zoning districts. Kohls commented the City granted Rumpca Excavating two conditional use permits in the past that allowed for the construction of a pole barn and a storage building. Referencing information in the Planning Report, Denzer asked staff what would constitute an expansion of a non-conforming business. Would an increase in the size of a building to store machinery increase the size of a business? Lindquist responded the ordinance stated that "an expansion of a non-conforming use" could be either an expansion of the existing use or the size of a building. Denzer commented it was his understanding that the proposed addition would be used to store machinery that is currently outside. To him, that would be an improvement to an existing non- conforming use. Lindquist stated one of the conditions included in the resolution approving the conditional use permit would require the applicant to combine the two lots. That would alleviate some of the setback issues and title concerns that would ultimately come up with the property. Gene Smallidge, 10992 Point Douglas Road, voiced support for the application. Shiely stated that philosophically she was opposed to allowing an expansion of the non- conforming use in the area. She stated she was not sure whether the enclosure of machinery • would constitute an expansion of a non-conforming business. MOTION BY WOLCOTT, SECONDED BY DENZER, TO ADOPT RESOLUTION NO. 99-141, A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 2,880 SQUARE FOOT EXPANSION OF A NONCONFORMfNG ACCESSORY STRUCTURE AT 10760 IDEAL AVENUE SOUTH. MOTION CARRIED. 4-1. (RICE VOTED NAY) Hadley Avenue South Desian Council reviewed the Hadley Avenue design options prepared by Jerry Bourdon, City Engineer, and the recommendation of Administrator Schroeder to (1) direct BRAA to provide for design of a limited site grading option; (2) direct a neighborhood process upon completion of design and identification of required easements; and (3) provide Council with revised budgetary needs upon completion of #1 and #2 above. Bourdon presented on the overhead various "traffic circle" designs. A traffic circle would attempt to deflect traffic, forcing vehicles to slow down. Shiely stated the City spent approximatefy $14,000 studying this issue in the past. She stated she would like to receive all of the data already collected. Bourdon commented that the previous study looked at bringing the road up to Minnesota State Aid standards. Much of the effort was in reaction to a fatal accident attributable to speed. . Shiely stated she would like to know what was evaluated and what options were ruled out. She asked Bourdon to prepare a summary report. REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 6 of 92 • Kohls asked Bourdon when the road will need to be upgraded to Minnesota State Aid standards. Bourdon responded he could work with the Planning Department to determine how soon traffic levels will warrant an improvement. Relative to the issue of bringing the road to MSA standards, the City would first have to put the road onto the MSA system for funding purposes. Schroeder stated Washington County would be in attendance later in a workshop session to talk about issues related to the Hinton/Tower connection. In their analysis of the roadway, they may have done a cursory look at how it will affect other area roadways. Pete Thompson, 6888 65` Street South, asked what the traffic counts were on the roadway. Bourdon responded approximately 1,300 vehicles per day. The counts were taken within the last year or two. Ed Hinchcliffe, 6361 Hadley Avenue South, asked whether the traffic counts were taken during the school year. Hinchcliffe commented he believed the counts were not taken during the school year. Bourdon stated he would have to look at the records, but generally, the counts are taken during normal traffic conditions. Hinchcliffe commented there is more traffic on the roadway during the school year. Don Dame, a mechanical engineer from Woodbury, stated he felt the traffic circle concept was a good one. • Kohls stated she felt very strongly about this issue. She stated she did not consider spending $30,000-$50,000 to save a life a waste of money. Kohls stated she has talked to citizens and has had the "personal responsibility" argument given to her that kids need to accept responsibility for their own actions. One thing we need to keep in mind is there are innocent people on the road also. Some day something is going to happen to someone who was not joy riding. If we can do something to prevent that from happening, she stated it was the City's responsibility to do so. Kohls felt the traffic circle would slow speed and make the road safer for everybody. She stated she was interested in obtaining more information and would like to see what the citizens have to say, investigate funding, and receive an engineering estimate. Rice commented that he was not ready to spend $30,000-$50,000 on engineering and right-of- way expenses. It comes down to dealing with the maturity and immaturity of drivers. When a kid puts a key in the ignition, they are assuming some risk. Rice suggested removing the existing surface, and maintaining a gravel surface. Shiely stated that Hadley Avenue is not the only dangerous road we have in Cottage Grove. The Council, as its charge, must be concerned about the safety of all its citizens. She stated she agreed with Council Member Rice about personal responsibility. The citizenry should not have to bear the cost of a lack of personal responsibility. Shiely reiterated she would like to obtain a summary of what we have already done and look at what it would cost to build a traffic circle. She stated she would also like to hear from the adjacent property owners. . Kohls stated she believes the City has a responsibility when we know we have an unsafe situation. She considered 11 serious or major accidents in three years a serious situation. � REGULAR MEETING — August 11, 1999 Cotfage Grove City Hall Page 7 of 12 • AI Dressel , 6255 Hadle Avenue South, stated he understands that the Cit cannot fix eve Y Y Y rY road and there is personal responsibility, but the City had an opportunity 12 years ago to fix the road for a nominal cost and did not do it. With all the documented accidents on the road, the Council should make an intelligent decision for the safety of the people who drive the road. Dressely stated he would like to live along a safe road. Kinsey highlighted the results of a traffic accident study by his Department. Mr. Thompson stated he owns a lot of the land along Hadley Avenue. The road is not that bad. Poor driving has caused accidents. The police are doing a fantastic job patrolling and writing tickets. He asked how much it has cost to do the extra patrol4ing the police have been doing in comparison to the $30,000-$50,000 estimated for site grading work. Thompson suggested that the City install speed bumps and increase police patrol. Bill Amundson, 6055 Hadley Avenue South, stated the City has a serious problem. Amundson stated he has witnessed many accidents. He thanked Council Member Kohls for her support in this matter. Roberk Hudnut, 7145 65` Street South, commended the City Engineer for suggesting that residents be involved in the planning process. It is important that residents along the road be included in the examination of all the options. • MOTION BY KOHLS, SECONDED BY SHIELY, TO ACCEPT THE RECOMMENDATION OF THE CITY ADMINISTRATOR, AND: A. DIRECT THE CITY ENGINEER, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES TO PROVIDE FOR DESIGN OF A LIMITED SITE GRADING OPTION; B. DIRECT A NEIGHBORHOOD PROCESS UPON COMPLETION OF DESIGN AND IDENTIFICATION OF REQUIRED EASEMENTS; AND C. PROVIDE COUNCIL WITH REVISED BUDGETARY NEEDS UPON COMPLETION OF #1 AND #2 ABOVE. Wolcott stated he was concerned about the number of people who are talking about how unsafe and dangerous the road is. He stated the road is not dangerous if you drive the speed limit. UPON VOTE BEING TAKEN, MOTION CARRIED. 4-1. (RICE VOTED NAY) Ice Arena Organization Structure Schroeder presented a proposal to reorganize the Ice Arena. He noted John Fredrickson, the Assistant Public Works/Parks & Recreation Director would manage the arena. A new public service worker, split between the Arena and Public Works, would be hired. Under the proposal, Mr. Fredrickson will relocate his office to the Ice Arena. Wolcott asked whether Staff completed the salary survey for the part-time positions at the Ice Arena. Wolfe responded the Ice Arena Association has conducted a survey and the results . should arrive very soon. If not, she will conduct a separate salary survey. : , . REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 8 of 12 . Rice suggested interviewing the Director and Arena staff in approximately four (4) four months to see how things are going. MOTION BY RICE, SECONDED BY WOLCOTT, TO ACCEPT THE RECOMMENDATION AND AUTHORIZE CHANGES IN THE PUBLIC WORKS/ICE ARENA ORGANIZATION STRUCTURE, AS OUTLINED IN THE 8/5/99 REPORT FROM THE CITY ADMINISTRATOR. Wolcott asked who would handle marketing and the sales of off-primetime ice time. Schroeder responded the Director would use existing staff available to him. Staff housed at the Arena would do some work, and some elsewhere. Mr. Fredrickson would delegate newsletter and marketing brochures to his office support staff at the Public Works Department. Dave Saete, 8440 Indian Blvd South, stated the City needs to look at the big picture for the Arena. Will the Arena be able to support itself in the future? Schroeder commented he thinks he is hearing Mr. Saete say the same thing that Council has been saying which is twofold: One, fill up the time slots to the extent that they can; and two, recognize the value of the part-time staff. Kohls stated she would like to know what the benchmarks would be for the year-end evaluation. Schroeder responded Staff would prepare a Work Plan. Kohls stated she was opposed to remodeling the Arena until it is in better financial condition. • UPON VOTE BEING TAKEN, MOTION CARRIED. 5-0. Comprehensive Plan Amendment — Jerry and Marqe Julkowski Council reviewed the application of Jerry Julkowski for a comprehensive plan amendment to develop property generally located at 6225 85 Street South. The Planning Commission recommended denial of the comprehensive plan amendment for a land use change from industrial to residential. Mike Broich of Dorsey & Whitney LLP, attorney representing the Julkowski's, stated his client is interested in building three (3) two-unit town homes on the property currently zoned "11" Limited Industry. Mr. Broich requested that the Council approve the Comprehensive Plan amendment and rezone the property for residential use. The property, on three sides, is surrounded predominately by residential property. Referencing concerns raised in the Staff Report, Mr. Broich stated Mr. Julkowski was willing to install a lift station, install appropriate buffering, and comply with setback requirements. Mr. Broich distributed a copy of a letter from Langer Real Estate Services which reads "...the best use of the property would be some form of residential, either single family or multi-family". He also presented a petition signed by area residents in favor Mr. Julkowski's proposed residential development. Jerry Julkowski stated a portion of his property could be connected to the City of St. Paul Park sewer and water systems. St. Paul Park will need to receive a letter from Cottage Grove stating • the City would or could not furnish utilities to the property. REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 9 of 12 • Lindquist stated the only action taken by the Planning Commission was on the request for a comprehensive plan amendment, or the land use issue. They recommend denial of the application because Mr. Julkowski's property was surrounded by other industrial uses. The property is not contiguous to residential use. Lindquist pointed out on a map the adjoining properties zoned industrial. The property across the street is residential. Shiely requested that Mr. Julkowski obtain a letter from the City of St: Paul Park authorizing connection to their sewer system. Mr. Broich read aloud an extract from minutes from the St. Paul Park Public Works Commission, which read, "Mr. Julkowski wants to connect up to our sewer system at 6225 85 Street South. He wants to build three twin homes. We at St. Paul Park do have a system that goes across the street at Dayton Avenue and 85` Street. It was recommended by Schnook to go to Cottage Grove to get both sewer and water. If Cottage Grove does not hook up the property, Mr. Julkowski should get a letter from Cottage Grove stating so." This action was taken July 8, 1997. Wolcott stated Cottage Grove needs to obtain a letter from the St. Paul Park City Council. Wolcott suggested that the City Council act on the Planning Commission's recommendation or table the application. Corrine Thompson stated the Council needs to act this evening, unless the applicant grants an extension to a future date. If the Council denies the application, the applicant could submit a new application. • Mr. Julkowski expressed a willingness to grant an extension. Lindquist stated if the applicant were to extend the deadline, it would be her assumption that the Council was willing to entertain residential use on the property. Otherwise, the application should not be tabled. The utility and site plan issues will need to be resolved no matter what the land use is. Lindquist stated according to the City Code, any rezoning application that has been denied, wholly or in part, shall not be resubmitted for a period of six months from the date of such denial, except on grounds of new evidence or proof of change of conditions found to be valid by the planning commission. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADOPT RESOLUTION NO. 99-137, A RESOLUTION DENYING THE APPLICATION OF JERRY AND MARGE JULKOWSKI FOR A COMPREHENSIVE PLAN AMENDMENT FOR PURPOSES OF DEVELOPING PROPERTY GENERALLY LOCATED AT 6225 85 STREET SOUTH, AS RECOMMENDED BY THE PLANNING COMMISSION. MOTION CARRIED. 4-1 (KOHLS VOTED NAY). Denzer informed Mr. Julkowski he could reapply as soon as he can show a change in circumstances. Wolcott informed the applicant that since he has already paid an application fee, he would not be in favor of charging another application fee. . Shiely stated that additional information from the applicant relative to the availability of sewer from the City of St. Paul Park may be helpful. REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 10 of 12 � Kohls stated she voted a ainst the motion because she felt it would be more a ro riate to 9 PP p tabie the application, with the approval of the applicant, to give her an opportunity to get additional information from Staff. RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS Speed Limit — Ideal Avenue South Council accepted the results of the speed study completed by the Minnesota Department of Transportation to establish the speed limit for ldeal Avenue between 113` Street and 100�'' Street at 50 miles per hour. Alcohol License Violations Council reviewed the report and recommendation from Public Safety relating to establish the following guidelines for alcohol license violations: • First Violation: The first violation will result in criminal charges against the employee who sold to a minor or underage adult and a warning letter to the business. • Second Violation within a 24-month period: Criminal charges against the employee and up to a$1,000.00 civil fine against the business owner. • Third Violation within a 24-month period: Criminal charges against the employee and up to • $1,500.00 civil fine against the business owner. • Fourth Violation within a 24-month period: Criminal charges against the employee and up to $2,000.00 fine against the business owner and a one- (1) day license suspension. • Fifth Violation within a 24-month period: Criminal charges against the employee, up to $2,000 civil fine against the business owner, and a five- (5) day license suspension. • Sixth Violation within a 24-month period: Criminal charges against the employee and revocation of the liquor license. Council directed staff to prepare the appropriate ordinance for passage at an upcoming meeting. COUNCIL COMMENTS AND REQUESTS PAY BILLS MOTION BY WOLCOTT, SECONDED BY RICE, TO APPROVE PAYMENT OF CHECK NUMBERS 109154 to 109459 TOTALING $834,675.24. MOTION CARRIED. 5-0. At 9:53 p.m., Mayor Denzer temporarily adjourned the regular meeting for a workshop session, open to the public. WORKSHOP SESSION Discussion with Washington County of Turnbacks . t :. , . � s REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 11 of 12 , Wolcott commented there are very few County Roads within the City of Cottage Grove. He stated he was opposed to the City taking over 65"' Street from Ideal Avenue in exchange for Washington County taking over the proposed Hinton Avenue extension. Don Wisniewski and Doug Fisher representing Washington County Highway Department were present. Wisniewski stated, as a part of the turnback proposal, Washington Count� would be willing to offer the City a$90,000 cash payment to cover future maintenance of 65` Street. Wolcott asked Washington County to provide the Council with a comparison of the County Road miles in Cottage Grove versus other communities in Washington County. He questioned whether Cottage Grove was getting its fair share. Regarding gravel tax collected by Washington County, Wisniewski agreed to forward a report to the Council showing the City's share of the total amount collected countywide. Wolcott commented he may be interested in the turnback proposal if Washington County would consider taking over 103� Street. Kohls commented the amount offered for future maintenance of 65 Street was too low. Wisniewski stated he would present the Council concerns to the Board of Commissioners and at • the next Mediation meeting. -- 80` Street Entrance Monument Siqn Council reviewed the report and recommendation from Community Development on the installation of monument signs in the 80' Street median east and west of Highway 61. Council authorized staff to proceed to obtain quotations to contract with a professional sign designer for the purchase and installation of two (2) "Welcome to Cottage Grove" monument signs for the 80�' Street median east and west of Highway 61. Tschida/Zywiec MUSA Expansion Lindquist briefly reviewed a concept from Kenneth Tschida and Joe Zywiec to expand the Metropolitan Urban Service Area to approximately 117 acres of land located west of Hadley Avenue, between the westerly extensions of 95 and 100 Streets. She explained that it appeared excess sanitary sewer capacity may exist within the existing system which could serve the Zywiec property and the property to the north. Council Member Kohls requested clarification as to the land use designation of the property. Lindquist explained the Draft Comprehensive Plan designated the land low density residential with a portion of inedium density residential. Council Member Shiely expressed reservations about expanding the MUSA if it would harm expansion opportunities in the City Industrial Park. Lindquist stated the developer had been told that no firm decision would be made tonight and that any approval of the MUSA expansion . would be contingent upon an attractive project proposal. � �,� � �. � • CLOSED SESSION REGULAR MEETING — August 11, 1999 Cottage Grove City Hall Page 12 of 12 MOTION BY RICE, SECONDED BY SHIELY, TO CLOSE THE MEETING. MOTION CARRIED. 5-0. Present: Mayor John Denzer Council Members Cheryl Kohls, Pat Rice, Jim Wolcott and Sandy Shiely Also Present: Ryan Schroeder, City Administrator Caron M. Stransky, City Clerk Corrine Thompson, City Attorney Jerry Bourdon, City Engineer Kim Lindquist, Community Development Director Pursuant to the open meeting law, there was discussion with the City Attorney relating to attorney/client privileged discussion on appeal of the witness fee court decision in the Universal Outdoor versus Cottage Grove lawsuit. MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE CLOSED SESSION AND RECONVENE THE REGULAR MEETING. MOTION CARRIED. 5-0. ADJOURNMENT • MOTION BY WOLCOTT, SECONDED BY RICE, TO ADJOURN THE REGULAR MEETING AT 11:30 P.M. MOTION CARRIED. 5-0. Respectfully submitted, L� � . Caron M. Stransky City Clerk CMC l,J