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Home My WebLink About1998-08-19 PACKET 03.B.. . �. � ,� "� . • . •s. OPEN FORU(U� — 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 has not been scheduled for Councii action and does not appear on the Agenda. Mayor Pro Tem Wolcott encouraged persons to Iimit their remarks to three (3} minutes per issue. Present: Mayor Pro Tem Jim Wolcott Council Member Rod Hale Council Member Cheryl Kohls Absent: Mayor John Denzer Council Member Sandy Shiely Also present: Ryan Schroeder, City Administrator Caron Stransky, City Clerk �iz Johnson, Finance Director Kim Lindquist, Community Development Director IVlichelle Wolfe, Assistant City Administrator Corrine Thomson, City Attorney — Kennedy & Graven Jerry Bourdon, City Engineer — BRAA Jim Kinsey, Acting Public Safety Director �es Burshten, Public Works Director Stanley Hale, 6757 Lamar Avenue South, informed the Council that after 25 years he was moving to Wisconsin. He distributed a typewritten letter entitled, "The Good News a�d the Not So Good News." A copy of the letter is attached to and made a part of the original minutes. CALL TO ORDER The City Cnuncil af the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, July 15, 1998, at the Cottage Grove City Hall, 7516 gQtn 8treet South. Maynr Pro Tem Wolcott called the meeting to order af 7:30 p.m. .� . Present: Mayor Pra Tem Jim Wolcott Caunci( Member F2od Hale Cauncil Member Cheryl l:ohis Absent: �flayor John C�Pnzer Cauncii Member Sandy Shiely Reguiar Meeting — July 15, 1998 Cottage Grove City Council Page 2 Also present� Ryan Schroeder, City Administrator Caron Stransky, City Clerk Liz Johnson, Finance Director Kim Lindquist, Community Development Director Michelle Woife, Assistant City Administrator Corrine Thomson, City Attorney — Kennedy & Graven Jerry Bourdon, City Engineer — BRAA Jim Kinsey, Acting Public Safety Director Les Burshten, Pubiic Works Director Mayor Pro Tem Wolcoft presided over the meeting. .��• � • • �� MOTION BY HALE, SECOPJDED BY KOHLS, TO APPROVE THE FINAL AGENDA AS AMENDED: ADD: 4.R. ADOPT RESO�UTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM. 4.S. APPROVE PURCHASE AGREEMENT WITH CLARENCE AND EMILY SO�BERG FOR RCQUISITION OF RIGHT-OF-WAY FOR HARDWOOd AVENUE AND IPJSTALLATION OF WEST DRAW TRUNK UTILITIES. MOTION CARRIED. 3-0. PRESENTATIONS Great Grove Get-Together Celebration Council heard e presentation from Great Grove Get-Together Committee members Ralph Marquardt, Terri Flipp, and Kevin Raun regarding the successful celebration. Oath of Office — Police dfficer/Paramedic Administrator Schroeder administered the Oath of Office to newly appointed Police Qfficer/Paramedic F2andy J. McAlister. , , The minutes af the June 3 Ragular meeting and June 9 Speciaf ineeting were accepte�+ as presented. Regular Meetirrg — July 15, 1998 Cottage Grove City Council Page 3 CONSENT CALENDAR MQTION BY HALE, SECONDED BY KOHLS, TO: A. ACCEPT THE MINUTES OF THE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION MEETING OF JUNE 8, 1998, AND THE PLANNING COMMISSION MEETINGS OF APRIL 27 AND MAY 19, 1998. B. APPROVE THE PURCHASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND GERALD AND NANCY HEINN FOR THE ACQUISITION OF RIGHT- QF-WAY IN FEE SIMPLE ABSOLUTE AND PERMANENT DRAINAGE AND UTILITY/PONDING EASEMENTS OVER CERTAIN REA� PROPERTY FOR THE EXTENSION OF HARDWOOD AVENUE AND THE INSTALLATION OF WEST DRAW TRUNK UTILITIES. C. APPROVE THE PURCHASE AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND KEVIN AND JULIE SNOW AND GERA�D AND SUSAN REHBEIN COLLECTIVE�Y OWNERS FOR THE ACQUISITION OF RIGNT-OF-WAY IN FEE SIMPLE ABSO�UTE AND PERMANENT DRAINAGE AND UTILITY/PONDING EASEMENTS HARDWOOD UTILITIES. OVER CERTAIN REAL PROPERTY FOR THE EXTENSION OF AVENUE AND THE INSTALLATION OF WEST DRAW TRUNK D. APPROVE THE SINGLE-OCCASION GAMBLING PERMIT APPLICATION OF KATHLEEN HAYES OPJ BEHALF OF THE SOUTH WASHINGTON SENIOR CENTER FOR A RAFFLE TO BE HELD OCTOBER 1, 1998, AT 8400 EAST POINT DOUGLAS ROAD, CONDITIONED ON COMPLIANCE WITH STATE STATUTES AND CITY CODE RELATING TO GAMBLING. WAIVE THE $100.00 PERMIT FEE. E. APPROVE THE SINGLE-OCCASION GAMBLING PERMIT APPLICATION OF THE CAPITA� CITY STRUTTERS FOR A RAFFLE TO BE HE�D AT THE COTTAGE GROVE VFW ON APRIL 8, 1999 AT 9260 EAST POINT DOUGLAS ROAD, CONDITIONED ON COMPLIANCE WITH STATE STATUTES AND THE LOCAL GAMBLING ORDINANCE. ,��. • ' a • .; . . � • •' � •' � - : ,• : i • •� • , . ; . � � *� . . * . � � .. .�� ^ .� ,; i�� .. . � ,♦ i. '� ,A�.� � j y � Regular Meeting — July 15, 1998 Cottage Grove City Gouncil Page 4 N. ADOPT F2ESOLUTION iVO, 9$-929 A RESOLUTION GALLING FOR A PUBLIC HEARING FQR FRlDAY, JULY 31, 1998, AT 8:00 A.M., TO CONSIDER PROPOSED ORDINANCE TO N10DIFY CITY CODE, SECTIOtJS 11-4 ANd 11-5 DESIGNATING LANDS INCLUDED IN THE RURAL SERVICE DISTRICT AND URBAN SERVICE DISTR6CT. I. ADOPT RESOLUTI(3N NO. 98-93, A RESOLUTION CALLING FOR A PUBLIC HEARING TO MODIFY THE PROJECT PLAN FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED MODIFICATION TO THE TAX IfVCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-7. J. ADOPT RESOLUTION IVO. 98-94, A RESOLUTION APPROVING FINAL PAYMENT IN THE AMOUNT OF $1,085.60 TO BRAUN TURF FARMS FOR TNE 1997 PARK IMPROVEMENT PROJECT (KWGSTON PARK, GREY CLOUD SCHOOL, AND PlNE MEADOW PARK). K. ADOPT RESOLUTIOid NO. 98-95, A RESOLUTION ACCEPTING A TRAINING GRANT FOR $2,000.00 FROM THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENGY MANAGEMENT, TO PROVIDE PARTIAL FUNDWG FOR TECHNICIAN LEVEL HAZARDOUS MATERIALS TRAtNiNG FOR 20 PART-TIME FIRE FIGHTERS. L. APPROVE REGULAR STATUS APPOIfJTMENT OF KAREN MATTHEES TO THE POSITION OF ADMINISTRATIVE SECRETARY EFFECTIVE JULY 24, 1998. M. ADOPT l2ESOLUTION IdO, 98-96, A RESO�UTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT RELATING TO THE ADMINISTRATION AND IMPLEMENTATION OF A TRAFFIC SAFETY PROGRAM BY THE COTTAGE GROVE POLICE DEPARTMENT. � WA ON COU�NT� ON COUN Y A HIGHWAY 39 (H DLEY AVENUE) RECONSTRUCTION PROJECT AND CALLING HEARING ON IMPROVEMENT. O. AUTHORIZE STAFF 70 ENTER INTO A CONTRACT WITH TIME SAVER OFF- SlTE SECRETARIAL TO RECORD AND TRANSCRIBE REGULAR AND SPECIAL CBTY COURICIL MEETIRIGS. P. APPFZOVE THE PURCHASE AGF2EEMENT BETWEEN THE CI7Y AND FtICHARD AND LAUREL MGGONNE�L FOR TFiE ACQUISITIOfV OF PERMA�JENT [�RAIf�AGE A(VD U�tiL6TY(PO(JDIPdG EASEMEN7S QVEF2 CERTAIN REAL pF2C1PERTY FOR THE INSTALLATfON OF WEST DRAW 7f2UNK UTILITIES. Regular Meeting — July 15, 1998 Cottage Grove City Council Page 5 Q. RECEiVE INFORINATION FROPN THE MINNESOTA POLLUTION CONTROL AGENCY REGARDING TNE MARRTHON ASHLAND PETROLEUM PROPERTY. � � �� :� �'. 9 a C r � ..�., � � . �. .�s . l � � . � . �.. • • �� ■ . ��i � � � � 1 . .. �� ►� . S. APPROVE THE PURCHASE AGREEMENT FOR $4,850.00 BETWEEN THE CITY OF COTTAGE GROVE AND CLARENCE AND EMILY SO�BERG FOR THE ACQUISITION OF RIGHT-OF-WAY IN FEE SIMP�E ABSOLUTE OVER CERTAIN REAL PROPERTY FOR THE EXTENSION OF HARDWOOD AVENUE AND THE INSTALLATION OF WEST DRAW TRUNK UTILITIES. u• • ••• � � RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES — None. PUBLIC HEARING Continuation of Public Hearing to consider Application for Liquor License — Bettv Schultz d b.a Boondocks Bar & Grill MOTION BY HALE, SECONDED BY KOHLS, TO CONTINUE THE PUBLIC HEARING AUTHORIZING ISSUANCE OF AN OFF SALE AND ON SALE 3.2 MALT LIQUOR LICENSE TO BETTY SCHULTZ UNTI� SUCH TIME THAT ALL NECESSARY DOCUMENTS HAVE BEEN RECEIVED AND THE POLICE INVESTIGATION HAS BEEiV COMP�ETED. MOTION CARRIED. 3-0. Consider Assessinq Penalties or Violations ac�ainst the 1998 Lic�uor License and Dance Permit Issued to Meissner. Inc d.b.a. Majestic Baliroom Ron Waish, attorney representing Donald and Genevieve Meissner, owners of the Majestic Ballroom, addressed fhe Council relative to the Resolution drafted by the City Attorney concerning the violations to the 1998 liquor license and dance permit for the Majestic Ballroom. tVlr. Walsh commented that it states in the Resoiution that the Meissner's were given an opportunity to present evident and cross-examine witnesses. This, in his opinion, did not happen. Walsh also comment�d he took exception to some of the propnsed findings. City Attarney Corrine Thamsan stated it was her understanding that that opport�nity �nras provided at the public hearing. Walsh commented that his client does not rec�ll that happening. He stated he was present at the hearing and he understood that the hearing was more of an opportunity obtain additional infarmation and receive a respanse from Ms. Msissner. Walsh stated fhay were cancerned that there is going to be a finding that in fact we had an appartunity to present evidenc� and cross-examine v�ritnesses, uvhen in fact they tlid not. Regular Nleeting — .luly 15, 1998 Cottage Grove City Council Page 6 TF7amsori stated that if Ms. Meissner doea not feel this opportunity was afforded to her, and if the Cou�cil agrees that it was not clear that she was afforded that opportunity, then the hearing should be reopened and she should be provided that opportunity. The critical question is, are there factuai statements ather than the statement regarding the opportunity to cross-examine, that Ms. Meissner contests? If not, there wouldn't be much purpose to reopen the hearing. Walsh stated the public hearing was quite conversational and there was an exchange back and forth of the Council's position, findings by the police department, and Ms. Meissner had a chance to respond to some questions. It did not appear to him as an observer as an adversarial type of proceeding. There was a"give and take" of various positions. Walsh commented that they take except+on to some of the proposed findings, however. They woutd like an opportunity to clarify or challenge them. Wolcott stated the Council is trying to make a decision whether to continue a license or impose a penalty. Walsh steted when they attended the hearing they did not expect that there would be a formal cross-exarrrination of witnesses and documents. He was a little surprised when he read in the resolution that they were given an opportunity to present evidence and cross-examine witnesses. He stated it implies it happened, when in fact it did not. Walsh commented that at the public hearing Ms. Meissner did deny same of the allegations raised, but also made some admissions. Ms. Meissner did say that they could do a better job complying with the conditions. There is no dispute on what the conditions were. She has a different opinion on what happened those evenings when the officer was present. Kohls commented that as far as Ms. Meissner's opportunity to cross-examine the witnesses, who would the witnesses have been? Kinsey responded that the witnesses would be the police officers who conducted the on-site inspections. Thomson stated it appears the licensee may have some question about the wording in the proposed resalution, but not the conclusions or the action to be taken. She requesfed that the Council defer actian until later in the meeting to give her an oppartunity to meet wiYh Mr. VValsh to review the wording in the ResaluYion. Kohls sfated that one of the issues that keeps' coming up is that a security guard must b� fluent in the predominant language. Kinsey stated that we couid modify the requirement to require that someone on premises, such as a t>artender ar band memb�r, be able to carnmunicate with someane wha daes not speak �nglish. Regular Meeting — July 15, 1998 Cottage Grove City Councii Page 7 HaBe sYated that fhe point to remember is that the Meissner knew abaut the requirement. Wolcott invited Mr. Waish, Ms. fvleissner, and the City Attorney to the adjoining conference room to review the proposed resolution and to return later in the meeting. :�• "� West Draw Trunk Utilities MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION PIO. 98-99, A RESOLUTION AWARDING BID FOR THE CONSTRUCTION OF WEST DRAW TRUNK UTILITIES TO ERICKSON CONSTRUCTION IN THE AMOUNT OF $643,838.05. MOTION CARRIED. 3-0. Utilitv improvements — Renewei by Anderson Site MOTION BY KOHLS, SECONdED BY HA�E, TO ADOPT RESOLU7'ION NO, 98-100, A RESO�UTION AWARDING BID FOR UTILITY IMPROVEMENTS FOR THE RENEWAL BY ANDERSON SITE TO BARBAROSSA & 50NS IN THE AMOUNT OF $479,Q93.05. MOTION CARRIED. 3-0. UNFINISHED AND NEW BUSINESS Consider Ftevisions to Softball League Resident Reauirements and Reducina Staff Level at Lamar Fields Council reviewed the report from Parks and Recreation Director John Fredrickson regarding player compliance to the aicohol ban at Lamar Fields and the financial implications that have resulted due to the policy change. Fredrickson requested that the Council consider expanding the number of non-residents that can participate in adult Ieague play, and to combine the duties of concession warker and the site supervisar into one position. Wolcott commented he was reluctanY ta reduce the staffing level. Hale suggested that this matter be evaluated in the Iatter part af 1998 ar early 1999. Variance/Conditional Use Permit — CeIltVet da Seniices tNC7710N BY HALE, SECCff�DED BY KC7H�S, T� ADC7PT R�SOL€1Tl�tV nlO. S�-1�9, ,4 RESQI�UTIC7[U Gf2ANTING A VARIA(VCE TC) SEGTION 28-22(E) AND APPROVING Regular Meeting — July 15, 1998 Cottage Grove City Cauncil Page 8 THE CONDITIONAL USE PERMIT APPLICATION OF CELLNET DATA SERVICES FQR lNST�,LLATlON 4F A CO�MERCiAL EMCF ONTO RN EXISTING HIGH- TENSION NSP TOWER LOCATED NORTHWEST OF IVYSTONE AVENUE AND INDIAN BLVD. MOTIO�I CARRIED. 3-0. MOTION BY KOHLS, SECONDED BY HAL E, TO APPROVE TNE EASEMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND CELLNET DRTA SERVICES (MSP), INC., AND AUTHORIZE EXECUTION. MOTION CARRIED. 3-0. Rural Subdivision — Don Biscoe MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98-102, A RESOLUTION APPF20VING THE RURAL SUBDIVISION APPLICATION OF DON BISCOE FOR PROPERTY IN THE NORTHEAST QUARTER OF SECTION 14, COMMONLY KNOWN AS 8220 KIMBRO AVENUE SOUTH. MOTION CARRIED. 3-0. Nidden Vallev 7' Addition — Secure Properties. Inc. Administrator Schroeder informed the Council a rezoning requires a 4/5 vote of the Councii and recommended that the preliminary plat and finai plat be approved contingent on approval of the subsequent rezoning. MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESC3LUTtON NO. 98-103, A RESOLUTION APPROVING THE PREI.IMINARY AND FINAL PLAT KNOWN AS HIDDEN VALLEY 7 ADDITION, CONTINGENT ON THE SUBSEQUENT REZONING OF THE SUBJECT PROPERTY FROM "R-2.5" RESIDENTIAL DI5TRICT TO `R-5" MEdIUM DENSITY RESIDENTIAL. MOTION CARRIED. 3-0. MOTION BY KOHLS, SECONDED BY HALE, TO ADOPT RESOLUTION PIO. 98-104, A RESOLUTION GRANTING A VARIANCE FROM SECTION 23-21 WHICH RECtUIRES RIGHT OF WAY WIDTH OF 60 FEET TO THE PROPOSED WIDTH OF 50 FEET FOR THE TWO SOUTHERN CUL-DE-SACS AND VARIANGES FROM SECTION 23-29 WHICH PROHIBITS DOUBLE-FRONTAGE �OTS TO PERMIT TNREE DOUBLE-FRONTED LOTS IN THE SU�DIVISION HIDdERI VAL�EY 7 ADDITION, CONTINGENT ON THE SUBSEQUENT REZONING OF THE SUBJECT PRdPERTY FROM "R-2.5° RESIDENTIAL DISTRICT TO "R-5" MEDIUM DENSITY RESEDENTIAL. N10TION CARRIED. 3-0. N10TION BY P-iALE, SECtJNdED BY KOHLS, TO ADC}PT f2��C)L(97'6C�N IVC�. 9�-?05, A F2ESC3LUTION ORDERIIVG IMPRC?VEt�IENT AND PREPARATION QF PLANS ,4ND SPECIFICATIONS FOR hIIDDEN VAI.LEY 7 �DDITIO[J, C(7NTINGERlT t��l TFi� SUBSEQUENT REZOhJiNG OF SUB,IECT PR(JPERTY FRCIt� "R-2.5" RESIDERITlAI� DISTRfGT TC7 , �F2_5'� f�/IEDIU(VI DENSITY RESiC3ERITiAL. P�t7TIOPJ CARRIED. 3-d. Regular Meeting — July 15, 1998 Gottage Grove City Councii Page 9 Sandv Hiils 8 t1i Addition — Klaus P Becker Construction Co.. Inc. MOTION BY KOHLS, SECONDED BY HALE, TO ADOPT RESOLUTIOtV NO. 98-106, A RESOLUTION APPROVING THE FINAL PLAT KNOWN AS SANDY HILLS g ADDITION. MOTION CARRIED. 3-0. MOTION BY HALE, SECONDED BY KOHLS, TO ADOPT RESOLUTfON NO. 98-107, A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF P�ANS AND SPECIFICATIONS FOR SANDY HILLS 8 ADDITION. MOTION CARRIED. 3-0. MOTION BY KOHLS, SECONDED BY HALE, TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF COTTAGE GROVE AND KLAUS P. BECKER CONSTRUCTION CO., INC., AND JAMES C. AND HEI.EN M. JANSEN, FdR THE SUBDIVISION KNOWN AS SANDY HILLS 8" ADDITION. AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. MOTION CARRIED. 3-0. fViike Rygh appeared regarding the meeting last night on the Sewage Plant expansion. He informed the Council that he was concerned about the condition of Ideal Avenue and 100� Street intersection. He stated the roads should be rebuilt. He also remarked that a off-street bicycie path or sidewalk should be installed. RESPONSE TO PREVIOUSLY RAISED COUNCI� COMMENTS AND REQUESTS Notification to Liquor Establishments of Police Contacts Council received the follow-up report from Acting Public Safety Director Jim Kinsey in response to Council direction to develop and implement a procedure of notification to liquor establishments of police contacts. No action taken. Statistical Comparison of Public Safet�Contacts for Liquor Establishments in Cottaqe Grove Gouncil received the follow-up repart from Acting Public Safety Director Jim Kinsey in response to Council direction to do a statistical comparison of activity for all liquor establishments within Cottage Grave to determine if the number of contacts at the Majestic Ballroam were out of proportion to otF�er establishments. No action taken. Consider Assessing F'enalties or Violations aqeinst the 1998 Lic�uar License and Dance Permit issued to Meissner Inc. City A,ftorney Corrirre Thomson stated that through discussicsn wsth Nlr. Walsh and the liquor licensee, there are a number of factual findings thet the licensee conYests, but essentially she wifl acknowledge that several violatians did accur. Thamsan reccrmmended thaY the Council table this matter to the next meeting at which time the Council vuill be presen4ed with a Stipulation. Regular Meeting — July 15, 1998 Cottage Grove City Council Page 10 MOTION BY KOHLS, SECONDED BY HALE, TO TABLE TNIS MATTER TO THE AUGUST 5 REGULAR MEETIIVG. Pv10TION CARRIED. 3-0. COUNCIL COMMENTS AND REQUESTS Hale asked whether any of the Federal Emergency Management Funds would cover any the 103' Street flooding problems. Burshten reported FEMA was willing to talking about the matter at a meeting scheduled for Friday, July 17. Wolcott complimented the Public Works employees involved in maintaining the graunds about City Hall on a job well done. Wolcott commented the Tuesday Agenda Packet was very large. He encouraged staff to try to get as much information out to the Council on Fridays. 17_\•/tll�b9 MOTION BY HALE, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 102984 TO 103592 IN THE AMOUNT OF $1,856,250.52. MOTIOR! CARRIED. 3-0. WORKSHOP SESSION Financial Analysis and Other Information regarding the 1998 Great Grove Get Together Council reviewed the financial analysis on revenue and expenditures for the Great Grove Get Together Cornmittee. Ralph Marquardt, Co-Chair of the Committee, suggested that residents be asked to cantribute funds for next years' celebration on the City's utility bilL He stated it was their goal to organize as a non-profit organization, separate from the City, withi� five years. Councii consensus was to continue the partnership with the Great Grove Get Together, suggesting that ather local organizations, such as the Cottage Grove Jaycees and Chamber of Commerce, become involved in future festivities. Verbal Presentation — 80 Street Update Gouncil heard fram a number of residents alang the narfih frontage road af 80 Street Sauth regarding the elevation of 4he newly insfalled curbing. In some areas, i4 was reparted ta be 6-8 inches highes 4hat fhe previcsus curb. F2egular Meeting — July 15, 1998 Cottage Grove City Council Page 11 Recruitment of Public Safety Director/Police Chief Council reviewed the staff report and recommendations for recruitment of a Director of Public Safety/Police Chief and the future direction of the department. Following discussion, Council directed StafF to advertise for the position of Director of Public Safety as recommended. ADJOURNMENT MOTION BY HA�E, SECONDED BY KOH�S, TO ADJOURN THE REGULAR MEETING AT 10:15 P.M. MOTION CARRIED. 3-0. Respectfully submitted, Caron M. Stransky City Clerk CMC � • To: Honorable Mayor and City Council From: Kirstin Barsness, Economic Devefopment�ctor Date: 07/27/98 Re: Urban and Rural Service Districts INTRODUCTION Cottage Grove is very unique, in that it is one of a handful of cities that has twp taxing districts based on a designation of urban and rural service districts. The t�vc rate, used to calculate property taxes, is different for each distrid, with urban bearing the higher rate. StafF discovered that contrary to our understanding, all parcels in the industrial park are designated rural. The courrty has a resolution from 1986 which cails out specific parcels to be induded in the rurai service district, including parceis currerrtly in the Industrial Park. It is time to change the designafion, especially considering that the Industrial Park is within the urban service area, is developing, and that the tax rate for tax incremerrt is based on the tax rate in the year the tax increment district is created. DISCUSSION The City Council called for a public hearing on July 15, 1998. It is necessary to have the heanng at a special City Council meeting on July 31� so that the wdinance amendment can be filed by the August 1, 1998 deadline. Ur�fortunately, the tax increment district for Renewal wiil have a frozen base tax rate based on the rural rate. if we effectively adopt the ordinance and file a certified copy with the County by August 1�, we will remain on the rural rate tili June 3Q 1999. Without the filing by August 1�, the naral rate would be the base properiy tax rate ti►I June 30, 2000. Any new tax increment districts created between now and June 30, 1999 wiil need to use the rural tax rate, but after, we wiil be abie to use the urban. The benefit of the urban is the increase in property tax collected or a greater amount of tax increment available to assist development. An example of the difference for a$1 million market value project: ♦ rural rate (1.13) approximate property tax—$39,550 ♦ urban rate (120) approximate property ta�c—$42,000 For a$5 million market value project ♦ rura( rate approximate property tax—$197,750 e urban rate approximate property tax—$210,Od0 As you can see, the larger the project, the larger the discrepancy between the property taxes collected. The EDA has reviewed this situation and recommends amending the ordinance. They understand the impiications should the ordinance not be adopted and feei that the current development level in the city warrarrts the charige. ACTION REQUIRED The City Council should adopt the attached ordinance which amends Section 11-5 of the City Code related to urban and rural service districts. CITY OF COTTAGE GROVE AN ORDINANCE RELATING TO I7RBAN AND RURAL SERVICE DISTRICTS; AMENDING SECTIONS Il-5 OF THE COTTAGE GROVE VILLAGE CODE THE CITY OF COTTAGE GROVE DOES ORDAIN: Section i. Section 11-5 of the Cottage Grove Village Code is modified as follows (aflditions underlined): Sec. ll-5. Lands to be included in urban service district. The urban service district shall include all platted lands, including all property included within registered land surveys, within the city, and also all of the unplatted lands within the city except for lands in the rural service district, which mral service lands are contained in a list on file in the czty clerk's office. The urban service district shall also include the following unplatted parcels which the eouncil determines to be no loneer rural in character and which are therefore removed from the lisY of rura] service lands on file in the city clerlc's office: Pm 2�o2i-2coo PID 27021-2550 PID 27020-2000 PID 27020-2250 PID 27017-2408 PID 2701'1-2406 PID 2 7020-2050 Sec. 2. This ordinance shall be effective upon adoption. Sec. 3. This ordinance shall be promptly published in accordance with law. Adopted this 31 day of July, 1998. ATTEST: Caron Stransky, Ciry Clerk 7ohn Denzer, Mayor S7BQ46019 CTI65-1 Memo to: Mayor and City Counc' From: Ryan R. Schroeder Subject: MCES Roadway Impr ment Proposal Date: July 27, 1998 Enclosed, please find the presentation that MCES staff is making to their Environment Committee on July 28 Their intent is to gain formal approval to present the attached roadway improvement proposal to Cottage Grove. Preiiminary, concept approval of the funding cost share had been gained from that committee previously. In sum, they are proposing to construct and pay for a 24 foot nine ton road on 110 Further, they are proposing to overlay Ideai Avenue to a 24-foot width. They are also proposing to improve the 110 and Idea1/100 intersections each with 100-foot right turn lanes and 100-foot merge lanes. For each of these improvements they will be responsible for the construction and any costs. Finaliy, they are offering to contribute up to $100,000 for any other access road improvements the City conducts between the plant site and Highway 61. They are projecting that totai MCES costs will be $580,000. 110 Street is about 7000 lineal feet. ideal Avenue is about 6000 lineal feet. 100 Street between Ideal and Jamaica is about 2100 lineal feet and Jamaica from 100� to 95 is about 1800 lineal feet. The bid opening for Jamaica reconstruction is August 13, 1998. The engineers estimate for a 52-foot urban section is $243,000. It would seem that a reasonable budget estimate for reconstruction of 100 would be $270,000 (1 have not confirmed this with engineering, it is an extrapolation from the unit prices on Jamaica). Hence, these two upgrades will be in the neighborhood of $515,000 (including overhead but without land acquisition if any is necessary on the south side of 100 may not be necessary). You will note in the MCES proposal that they are not proposing to construct a pathway on Ideal Avenue. Discussed in the Plant Advisory Gommittee has been either a Laneway (as I understand has been in our planning documents as an option) or an off road trail. Apparently the off roadway trail would require right of way acquisition. The trail itself would be approximately 6000 feet at an estimated $12/l.F, or $72,000 pius overhead, or about $100,000. A laneway, as part of an overlay project would most likely be less. I am not at all certain as to the cost of any traii or right of way (we have a handshake agreement, with a drafted document for fee title in the industrial park at $0.79/square foot...one would think an easement in the same neighborhood, but outside the MUSA would be significantly less... I'm thinking a$20,000 budget including costs should be sufficient for 6,000 feet at a 12 foot width, but again I may be off in my assumption of value). All of the above adds up to $533,000 in municipai costs in the neighborhood plus $480,000 in MCES infrastructure improvements pius the $100,000 they have offered toward the municipal portion as follows (for purposes of this chart I have split the MCES $100,000 cost share arbitrarily against the City projects that are certain given the Renewal commitments): Project 110 ideal overlay Ideal walkway 100�' Jamaica Cost $380,000 $100,000 $120,000 $270,000 $243,000 $1,113,000 MCES Portion $380,000 $100,000 $ 0 $ 52,632 $ 47,368 $580,000 City Portion $ 0 $ 0 $120,000 $217,368 $195,632 $533,000 The above shows the MCES contribution toward 100 and Jamaica at 19.5°/a of total project costs given their expected offer to contribute toward construction and maintenance of something beyond Ideal and 110 The question, of course, is if that relative cost share is at the appropriate level. A further question is how that relates to the Ideal Avenue walkway discussion. The intent is that if Council approves of the cost sharing formula as presented we would draft an agreement between the parties for subsequent ratification. If Council is not in agreement we would forward a counter proposal to the MCES for their consideration. The MCES staff has asserted that the further our roadways are from the plant the less their relative share of construction costs should be given the level of non-MCES traffic on those roads. Council Action: Provide a directive to staff on a proposai to the MCES. �U�-z3-199Q 12�53 FROM Environmcnt Coa�mictcc Mecting of luly 28. 1998 Tu 9458289? Businecs I[em: METROPOLTTAN COUNCB, Mears Park Cenve 230 Fast FiftL 5tzcet St. Paul, Mianesota SS101 (651) 291-6359 TDD (651) 291-0904 DATE: TO: FAOM: 50B7ECT: �.�G �� JuIY 22, 1997 Chair and Members of the Environment Commictee Bryce 7. Pickart, Asssistant Genecal Manager Technical Services, Waseewater Services Deparunene, MCES (6Q2-1091) qpproval af Proposed Improvements m Ciey Rnads for Access to Souch Washington Crnwty Piaat, MCES Projecc No. 9501, Gommitta Item No, y � 1S5UE: The proposed Souch Washingron Cwnry Wasrewater Treatment Plant will be consdivCred on the site of the eusting CottaBe Grove Plant. Proposed access by construction aad operatioas traffic is by City roads, i.e. firom lamair,a Aveaue at STH 6I to lOQth Stteet to Ideal Avenue W IlOeh Street to the plaQt. ThiS busiaess item requests authoziz.�rion to sub�t s proposal to the City of Cottage Cnove regarding conswcaon of accegs road and related improvemeuts and payment of a fair s6are of road maintcnance costs. PQI.ICY IltiPLICATIONS: No�. F'UIr'DIlVG IM�I.TCATIONS: The estimated cott of the proposed improvemcnts is appro�cimaeely 580,000. Actvat funding will be t�quesced with the future request to appmve an agreement betwesen rhe City of C,qGtage Grove and the Metropolitan Council. pREVIOUS ACTIONS: The Council seleeted the glant s�t� in October, 1997, aod autkorized a pubtxc hearing on the draR facility plan, which was hc1Q on Ju1y 14, 1998. DISCCTSSION: Few comments were offerai at the pubtic hearing. One cqmment addres,red the expectation that the MeWpolitan Couneit will pay for aecess road imQrovtmeuts. This i5sue was the major mpic of diseuscion with City repmseofative5 and ueighbors during the Faeility Advisory Com�ttee meetings during 1998. To move the procc55 focwazd, staff recommends tbaf the Metropolitan Councii make a proposal ro 4�e City, which witl begin the negociation process on a development agreement aod a condiponal use permit for this project. Tbe MCES staff proposal is preseoted in the attached ezhibit. The proposal fvr rhe Mecropolitan Council eo pave 110th 5trcet has beeca tentativeiy acceptcd by the neighbors aod Ciry staff. The proposal fpr improving Ideal Avenue may not meet all expectadons, but fiuther improvements would ontail issves t1�at the City should resolve, such as right-of-way, road width, road suaightway, bikelwalking path addidon. etc. RECOMII'fENDATION: °I'hat the Metropotican Council authorize the General Mauager of Wastewatez Services ro submit the attached proposal for improv¢ments to City roads for access to the Squth Washington Cvunty P1ant. Y:�Af.t.�BRYC£1&Cf EM�B2. DOC SUL-23-1998 12�54 FROM TO 945E�69? P.e3 PROPOSAL TO T'HE CTTY O�' CQTTAGE GRQVE ON IMPROVEME:e1TS TO CITY ROADS RELATED TO SOL'TH WASHIlVG'TQN COUNTY PLANT MCES PROJECT NO. 9501 The Metropolitan Council has expressed a wiliingness to pay for reasonable road improvements that are associated with construction and operation ofthe South Washington County Plaot. The general propqsal follows. A. 110t6 Street (from plant aCCess to Ideal Avenue) (approzimately i.2 mile) Plant traftic is approzimatety 20 vehicle (sludge truck & auto} trips per day. Construction tratlic eskimate adds a range of 10 to 50 vehicle tripa per day over a two year construction period. Totat road trafi'ic count is approzimAtely 65 vehicie round trips per day based on a city survey. The Metropolitan Council propose to improve 110th 5treet to a 9 ton rated, 24 foot width asphalt paved road and to improve the Zdeal Avenue intersection for an estimated co�t of $350,000. I. The MCfiS will design and construct as part of the project. 2, Improve shoulders to e�cisting approximate 26 foot width. 3. Make small Changes in the road elevations to provide ditCh improvements and add culverts where prudent 4. Construct base asphalt pavement coarse before plant construction. 5. Tmprove Ideal Avenue intersection by adding a right turn lane from 1 lOth Sueet and a merge lane on Tdeal Avenue, both about 100 foot length. 6. Speed monitoring and control will be part of the plant project. 7. Repair and construct wear coarse at end of plant construction. 8. The Metropolitan Councii will pay for sealcoating BFnd repairs, based oz� normal and reasonabie street maintenance practices, and based on current non Metropolitan Councit uses of 11 Qth Street. B. Ideal Avenue (from IlOth 5treet to 100th 5treet) (approaimately 1 mile) Pfant and construction tcips are the same as for 110th Street. Total road trsffic count is approaimately 746 vehicle round trips per day per city survey. Total count on 100th Street is �pprozimately 1,435 rpund trips per day per city survey. SUL-23-1998 12�55 FROM TO 94582E97 P.�4 The Metropolitan Couneil proposea to improve the eaisting pavtd road witfi an asphalt overlay to 24 foot width and to improve the 100th 5treet intersectipn for an estimated cost of 5100,000. i. The MCES will design and conativct this as part of the plant aonstruction ptoject. 2, This increases e�cisting paved width ut some locations. 3. Make appropriate road repairs before placing the paved overlay. 4. Improve shoulders to consistent width to match existing. 5. Imprpve ditch drainage in some locatiqns. 6. Improve 100th Street intersection by adding a right turn lane from Ideal Avenue and a merge lane on IOOth Street, both about 100 foot ler�gth. 7. Complete improvements before plant consttuction. 8. Inspect, repair as needed, and seaicoat at end of plant construction. 9. Thereafter, the Metropol�tan CounCil will pay for 25% of costs for sealcoating and repairs based upon normal and reasonable street maintenance practices, aad based upon current non-Metropotikan Council usea of Ide31 Avenue. C. Other Access RoBd 7ssues (3rd lane on 100th 5treet, Idea1 Avenue bike patb, etc.) These other road issues that have been discussed are up to the City to resolve and implement. The Metropolitan Council has obtained Ideal Avenue �nfqrmation and submitted it to the City for e`�aluation. The Metropolitan Council wi1F cootribute up to $100,000 toward tbese rypes of improvemertta on or near the accesa roAde to the South Washington County Piant, i.e. Jamaica at Highway 6l to 100th Street 4o Ideal elvenue to 110th StreeG vfall/craig/950lfacplan/accesspi.doc �-�-----�-�-n. .� a N P w P W O W � � O P � � O N O W 2 O v w P BONESTR00 ROSENE ANDtR�iK � 6"IL63b'I3"I'I U//Z�'/ytS "15:U'I �' :UZ N0:56U � ...__. _. . _, . _.,, � . ... ......_ . � � _ � '� � � � �� __--�� .� �. � .. �� :, � � � _ ��- �� .� __ �, � � �� , __.�_.�.�►___�:��.__._.... �. ..... . ._.u....._..._.._.. _ .::� � �� r _ . . _�-- -- _ _ ._� � .i.._ _ _ r I .. � �--�-� i � � � � ; ; �� '� .� � � � �� ,�� - � ! � �-1-- - �O P�N F� ��Y I�m O P � P P�P iT f� ,. � �� 3 �� r � � � � r P i �� ', . :�>., • � � �.. � : �, • � �