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HomeMy WebLinkAbout1998-10-07 PACKET 03.B.. ,. • • �• � � :. : .- : •s: OPEN FORUM - 7:15 p.m. Open Forum provides persons an opportunity to inform the Council of a problem or to request information related to City business that has not been scheduled for Council action and does not appear on the Agenda. Mayor Denzer encouraged persons to limit their remarks to three (3) minutes per issue. Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Haie Council Member Cheryi Kohis Absent: None Also present: Ryan Schroeder, City Administrator Kim Lindquist, Community Development Director �iz Johnson. Finance Director Bob Long, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Pubiic Safety Director Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator At 7:16 p,m., Mayor Denzer opened the Open Forum. i3r. Dan Hoke, Superi�iencient o# Sr�uih Washingion Schools, addresseci fhe Councii representing the Schooi District Referendum Committee. Ne explained that South Washington 8chools currently has approximately 15,000 students, up from 10,500 students in 1991. Dr. Hoke explained how schools receive funding from the State Legisiature. Dr. Hoke requested the Councii cansider allowing the Schooi District to use the City's name to endorse their referendum. He believes that strong schools make strong comrrrunifies and a schaol district and a cammunity have to be strong together. .- . « -- -. . _ . , . •-. . -. • .-. s '" ♦ A4 7:29 p.m., Mayor Denzer adjourned the Open Forum. Regular Meeting - September 16, 1998 Cottage Grove City Council Page 2 CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota held a regular meeting on Wednesday, September 16, 1998, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer cafled the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Jim Woicott Council Member Sandy Shiely Council Member Rod Hale Council Member Cheryl Kohls Also present: Ryan Schroeder, City Administrator Kim Lindquist, Community Development Director Liz Johnson. Finance Director Bob Long, City Attomey Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator Mayor Denzer presided over the meeting. r a . z • � : � r r • � � � • � � _� e � � � r . n Under Presentations, the Council added item C, Discussion Regarding the �r_hool Bonc1 Referendum. The Final Agenda was accepted as amended. FRE5ENTATIONS Proclamation Declarinp October 12 throuqh 16 1998. as Minnesota t�anufacturers Week �ouncil (�hember Hale read aloud the praclam�4ion declaring Oetaber 12 thraugh 16, 1998, as Minnesofa t�ianufiacturers Week. fZegular Nieeting - September 16, 1998 Cottage Grave City Cauncil Page 3 Presentation - PCB,/Ashland Site�date Frank Wallner of the Pollution Control Agency ("PCA") presented to the Council the PCA's findings with regard to the site located at Hadley and 100th Street, known as the Astriand site. Mr. Wallner explained that his role with the PCA is to make sure that companies cailed "responsible parties" pay for their clean-up. The PCA issues certain notices for requests for action, which then starts the process of an investigation. Mr. Wailner stated fhat he, on behalf af the PCA, heips manage thaf process. Mr. Wallner briefly reviewed the report previously provided to the City. He explained the history of the site and stated that back in the late 1950s, early 1 S60s Ashland's predecessor dumped refining waste in the areas of Hadley and 100` and through the years tne waste sat. Mr. Wallner explained that the reason the PCA learned about this site was due to a complaint back in the 1970s and 1980s by the police. He explained that the PCA investigated the site and it was determined that waste was dumped in that area. Mr. Wallner then explained what has happened since Ashland started cieaning up the site. The PGA issued an actio� request, which required Ashland to conduct an investigation of the site and that lead to a plan to clean up the sife. A decision was made to combine this site with the refinery clean up. Mr. Waliner explained that the Ashland site was put on hold until the PCA determined what to do with the refinery. After a considerable amount of time, fhe PCA decided to handle the two sites separately. Mr. Waliner explained that Ashland settled on two clean-up methods. Area 5 contained approximately 10,000 cubic yards of waste. Using thermal dissortion, which is thermaily treafing the waste, cleaned it. C(ean up of Area 5 was done between October and december of 1997. Before fihat clean up, a public meeting was held in the Library and news releases were given to inform the public. flAr. Wallner reviewed the status of Areas 1- 5 with the Council: Area 1- Clean up began an June 1, 1998 and Ashland remaved 7,500 cubic yards af wasfe. This praject is complete. Area 2- Ashiand removed 7,000 cubic yards of waste. This praject is camplete. Area 3- tviost of the waste was asphait. Ashland tested the asphaif and discovered it contained some hydraulic oiis. Ashland believes they have rernoved ali of the waste. Regular Meefing - Sepfember 16, 1998 Cottage Grove City Council Page 4 Area 4- Cantains solid debris. Area 5- This was the largest clean-up area. This project is complete. Mr. Waliner explained that this type of waste is very immobile in water and it does not dissolve. In ten years of ground water monitoring, there has been no ground water impact. Mr. Wallner reported that the Qepartment of Naturai Resources ("DNR"} has designated this area as a scientific and natural area. Mr. Wallner stated that this site has had a very thorough clean up and Ashland should be thanked for their efforts. Mayor Denzer asked how thoroughly the rest of the area has been inspected and asked how the areas are reviewed. Mr. Wallner responded that air photographs were taken years ago and through Ashland's records they did boring work and trenching to discover the waste. Council Member Shiely asked for an explanation as to why it took 11 years from the time the waste was identified in this area until the remedial action plan in 1995. Mr. Wallner stated that the PCA has a priority system and the clean-ups are rated. Mr. Waliner agreed that the clean-up took too long. Council Member Sniely asked if the public meeting with the community advisory panel and staff were public informationaB meetings. Mr. Waliner responded that the first public meeting was to discuss Area 5. Council Member Shiely asked if the public and Staff were aware that there were four other sites that had contamination. fVlr. Wallner stated they were mentioned, but the public was not told they �r�o�:ld he c!ea^ed-u�. Council Member Shieiy asked why remedying the project began before a permit was applied for and asked why Staff did not know about the remaining four sites. Mr. Wailner stated that after the clean-up of Area 5, the DNR approached tne PCA with a request, as a result af that there was an additional investigation. Mr. Wallner stated that the PCA fold the DNR to go ta Ashland and Ashland made the decisian to clean-up the other four areas. Mr. Waliner stated that the PCA should have informed 4he City, it was an oversight. Cauncil Member �hisfy confirmed thafi in Rrea 5 same uvaste remains 10 feet dawn and does not impase a human heaith risR. She asked what could change the health risk. (vir. Waflner respanded that if hames vuer� built waste cauld be exposed, but this will never happen. Mr. Wallner explained that ihe deed and transfer documents states tttat tfiere is uvaste in the area. Regular Meeting - September 16, 1998 Cottage Grove Gity Council Page 5 Council Member Shiely asked if Area 5 is part of the Dunes Prairie. fVlr. Wallner responded yes. Council Membe; Shie{y questianed the re-vegetation and stated her concern about erosion and vegetation issues. She asked if the PCA anticipates any probEem with re-vegetation. Mr. Wallner responded that Ashland s consultant is responsible for Yhe permits and erosion control plan. Ashla�d did take all necessary measures, installed an erosion fence, and as a temporary cover, planted oats. Mr. Wallner assured the Council that the DNR does not want this land to erode either. Council Member Hale stated that there is a significant wet land that is between Area 5 a�d the river with a pubiic landing and a significant housing development. Council Member Hale stated that he was concerned that the PCA's statement is lenient regarding their concern about contamination entering the river. Mr. Wallner assured the Council that the ground water flow is just south of the river and it is impossible to drink bad water. He stated that if there were levels that impacted the river, the PCA would take care of the issue. Council Member Wolcott thanked Mr. Wallner for the report and stated that he was happy to see that Areas 1- 4 have been cleaned-up. Council Member Woicott stated that there are a number of people that Iive in that area and he hopes the PCA is correct in saying that there wili not be contamination in the water in that area. Mr. Wallner stated the monitoring has shown no impact. Council Membsr Shiely stated ttaat she wouid feel better if everything had been dug out of Area 5. Mr. Wallner stated that these clean-ups are very expensive therefore the "risk base approach" was used. Mr. Waliner explained that the "risk base appraach" is v�hen more waste is lefi behind wher� there is no risk co the public. Council Nlember Shiely asked if 4his area could r�aturally a4tenuate. Mr. Wallner stated that it is possible, but quite a bit of monitoring would need to take place. Mr. Waliner stated that in this case, nathing is moving into the ground water. The waste is tar and earill not dissolve, therefore there is nothing to naturally attenua�e. Councii I�ember Wolcott asked whether fhe PCA would continue to manitor the site. iVir. Wallner responded yes. Counci{ (�ember Wolcatt asked how often the site vvill be tested and how often the City will receive results. Mr. VVeliner respanded 4hat when a site is first discovered the PCA reparts first manthly, Yhen querterly, then tvuice a year. Mr. Waliner stated thet this site is naw reviewed once a year. F2egular Meeting - September 16, 1998 Cottage Grove City Cauncil Page 6 Mayor Denzer asked the PCA fo provide the City with a copy of the report each time the site is monitared. Mr. Wallner agreed. Mayor Denzer thanked Mr. Wallner for the update. School Bond Referendum Dr. Dan Hoke, Superintendent of the South Washington School District, requested the Council endorse the upcoming referendum on IVovember 3, 1998. He explained that additional funds are needed from the taxpayers. South Washington School District is the seventh largest school district in the State, however it is the lowest funded school district in the metro area. Dr. Hoke explained that Yhe School District has been in deficit spending for the last five years. The School District has the largest class sizes in the metro area, is last in revenue, and first in terms of large class size. Dr. Hoke explained how schools are financed. Dr. Hoke explained that in the $400 per student referendum, $300 would go to balance the budget. The remainder would go to reduce class sizes. Dr. Hoke stated that 99 percent of the funds would go back to the students. The referendum is for the children. Dr. Hoke asked the Council to consider the School District usi�g the City for an endorsement in their referendum campaign. The Council discussed the ramifications should the referendum fail, such as no busing for children living within two miles from the school, kindergarten will change and go to all day, every other day, and all elementary schools will be paired. Cauncii �ember Hale asked ifi the impact on the passage of the referendum would have on the facility, such as if class sizes are reduced, would there be adequate space. Dr. Hoke stated there are two kinds of referendums and the issue before the Council tonight is for an operating referendum. Dr. Hoke explained that because the School district continues to grow, there will be the need 4o build, and in 1999 there will be additians to three schools. Dr. Hoke steted that the School District can add up to 20 percent of the square foatage of the building without going to referendum. The Council tl�anked Dr. Hoke for his comments. Winston Riedesel, 83423 68th �treet South, stated that he has been e resident of Yhe City for 18 years. tvlr. F2iedese! stated that he has a"different take on Dr. Noke's commen4s° and asked why public education has nat and cannot do the jab the taxpayer h�s been paying for. tvlr. RiedeseB stated that he agrees with Regular Mee4ing - September 16, 1998 Cottage Grove City Council Page 7 Nancy Long's viewpoint an quality education. Mr. Riedesel stated that he feels the School District is stealing from the averburdened tax payer. The tax payer should pay for the three "Rs" taught in school and nothing more. RPPROVAL (7F MINUTES The minutes of the September 2, 1998 Regufar City Council meeting were accepted as presented. CONSENT CALENDAR MOTIORI BY HALE, SECONDED BY WOLCOTT, TO: A. ACCEPT AND PLACE ON FILE THE AUGUST 11, 1998, PUBLIC SAFETY COMMISSION MEETING MINUTES; THE JUNE 24, 1998, HUMAN SERVICES COMMISSION MEETING MINUTES; AND THE JULY 14, 1998, ANd AUGUST 5, 1998, ECONOMIC DEVE�OPMENT AUTHORITY MINUTES. B. ADOPT RE30LUTfON NO. 98-166 A RESOLUTION ACGEPTING THE DONATION OF MEL WALLACE MEMORIAL FUNDS TO BE USED TOWARD PUBLIC SAFETY YOUTH PROGRAMS. : . . .- •i • : :�' '�� ' •��� II _ __•'1l � •C D. ADOPT P,'E.SOLUTIOM R/O. 98-167, A RESOLUTION APPROVING A VARIANCE FROM THE REAR YARD SETBACK REQUIREMENTS AT 7942 ISLETO(J AVENUE SOUTH. .��- • �: � ., .t . • � i ,...� •' • � . . . *• . .. . . � �. . �• •- r - . : �� . � . � =r�. r � • �: ,. . � , . ,: � � ..... . ; •' ' s • ��, � � 1 � ��R !1RA' �'. .� _. � �� . 1 : .. � . � *. -.. ! ♦ . � , ' ♦ _ �. �. � �. � . � a ! ;� �. ;f e�r � •' � #� . ► � �-, � . j � • i • + � • • M� . "i' .' !' ���.�. " �, • .�' � � � , . ��� . Regular Meeting - September 16, 1998 Cottage Grove City Council Page 8 � � MARK THAN TNE SETBACK OF NEIGHBORING DWELLINGS AND CONTINUE USE OF THE EXISTING PRIVATE ACCESS DRIVE WITHOUT ELEVATING GRADE, AT 8291 RIVER ACRE5 ROAD. RECEIVE THE REPORT ON THE PERMIT TO PEDDLE DOOR-TO- DOOR. APPOINT OFFICER MICHAEL VANDERVORT TO REGU�AR STATUS. �a�� . . �� �.�• •� �. � . . �. .�. �,� . . APPROVE THE SINGLE OCCASION GAMBLING PERMIT TO THE COTTAGE GROVE AREA CHAMBER OF COMMERCE. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. PUBLIC HEARINGS Adopt Assessments for the 1998 Pavement Management Hidden Oaks 4th Eagle Ridge Pine Forest 1st. Sandy Hills 7th and Acorn Mini Storaae Mayor Denzer announced the purpose of the Public Hearing was to co�sider adopting the 1998 Pavement Management Assessments for District E-3 street improvements. City Attorney Long stated legai notice was in order and published in accordance with applicable law. t�ayor Denzer opened the against the assessmer.ts. hearing. pubBic hearing to those who wished to speak for or ?here being nane, R�layor L�enzer clesed the pGb!ic Abby Grenfell, 8267 81st Street Sauth, stated that she is a resident in the pavement management area. Ms. Grenfeli explained that this Counci( has long committed to rraaintaining khe roadways in the corrimunity. She s4ated that she heard that the Council was considering stopping ar discontinuing the pavement managemen4 program. She hoped future CaunciPs would maintain the roadways, and rrot stop if it gets expensive, as maintenance is nat nearly as expensive as startirig over. . � a � s �•.�� •:�. � ♦ .� � .�....� ' ��. .. ��. • � :� - � ... � �. • ^ • .., ., �. � � • t � • Regular Meeting - September 16, 1998 Cottage Grove City Council Page 9 to the constructor's attention, but the issues were not deslt with. tvis. Grenfell asked the Councii to look into this matter so it does not happen again in future projects. Ms. Grenfell also reported there was considerable disruption to the residents for four to five months without notice to the residents. The residents were not informed. Ms. Grenfell alsa reported that sodding has been a problem. Sne stated that residents had to take care of the watering and the contractors need to be held liable and responsible to water and maintain the sod. Ms. Grenfell reported that extra concrete work had been done and driveways had been widened wherein tax money was spent installi�g a concrete apron. She explained that gravel areas in peopie's back yards have new concrete aprons. Ms. Grenfell reported that the contractor destroyed her yard with heavy equipment. Ms. Grenfell stated that the contractor, Mueller, admitted liability and asked the worker who destroyed her sod to �o longer work in Cottage Grove. Ms. Grenfell displayed photographs of the road in her area. The photographs showed sta�ding water at the intersection of 81 st Street and Ideal, damage done to the curb by the contractor, three panels of 8251 81 st Street where every section of curb has major breaks, and the "patchwork" sodding provided by the contractor. Council Member Shiely asked if the City's Pubic Works Director was notified of this issu2. Ms. Grenfeil responded yes. Ms. Grenfell stated that she does like the new road and there has been a great reduction in noise. Ms. Grenfell stated that better communication with Mueller needs to be dane if they are to work with the City again. Ms. Grenfeli closed by asking the Council to assess the 83rd Street residents for road improvements. Ms. Grenfell explained that their assessments should reflect their home's value in 1996 instead of 1997 and the residents should not have to pay ad�itianal because 6f a paperwork problem with the City. Mayor Denzer asked if this area had been accepted. City Engineer Jerry Bourdon stated Yhat the contract is still open and Staff will deal with it. CounciE Member Kohis asked whom residents should contact with a complaint. City Er�gineer Bourdon responded either he should be contacfed or Public Works Director L.es Burshten. . - . :. _ . _ . . . -• , - . .. . • _ . . . � . . . . ., * , . , * ' � : II � a - ��� 'R ! ', . . �� . r � .� . Regular Meeting - 5eptember 16, 1998 Cottage Grove City Council Page 10 Mayor Denzer stated the Pavement Management Task Force agreed an the assessment. Council Member Walcott stated that the resident will pay for the cost of the reconstruction and the City is capping the cost of the market value. Mr. Sterling asked what he gained in the value af his house. Gcuncil Ntember Wolcotfi stated that the appraiser stated a home's value should increase in two to three percent if the street is in good condition. Mr. Sterling confirmed that his value would go up because of a new street. Mr. Sterling stated that the homes should be averaged and they should all pay the same. City Administrator Ryan Schroeder stated that the rationale is not that the City or the County is going to increase the value of the home, the rationale is if the home is appraised prior to the construction and the home is appraised after, the appraisal should come in at a value at least as high as the assessment amount. City Administrator Schroeder stated that the project as a whole cost about $1.7 Miliion, and the portion assessed to the property owners is just under 49 percent of this amount. City Administrator Schroeder stated that taken as a whole the generai tax payer paid a littler bit more than the benefited property owners. City Administrator Schroeder stated that everybody was assessed along a similar formula and the City capped that assessment at a point that felt comfortabBe. Mr. Sterling stated the assessment value is not tair, 4he person that gets the same amount of street pays less if their horne is valued less. Council Member Shiely stated that the rumors that the Council is looking to stop the pavement management program is not true. Council Member Shieiy explained that the Council has discussed skipping over a year and final determination on this issue at this point has not been made. Council Member Shiely stated that the argument regarding the assessment has been heard. Councii Member Shieiy stated that the assessment policy is based on the policy arrived by Yhe citizen's task force and was a very difFicult decision to arrive at. Mayor Denzer ciosed fhe public hearing regarding the pavement management assessments at 8:41 p.rr�. �� �•. _s .. .._.. � •.a �. • �.. .. � - �:r�� � .. � .�;�. � i•� i •� . •..i .:'M. �� �' � .# ..�.. � .. �.. F2eguBar Pvleeting - September 16, 1998 Cottage Grove City Council Page 11 P�OTION BY WOLCOTT, SECONDED BY SHIELY, TO ADOPT RE50bUT1ON NO. 98-971. A RESOIUTION APPROVING THE ASSESSMENTS FOR PAVEtv1ENT MANAGEMENT OF DISTRICT E-3 STREET IMPROVEMENTS. MOTION CARRIED. 5-0. Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the 1998 Pavement Management Assessments for Hidden Oaks 4` street and utility improvements. City Attorney Bob Long stated legal notice was in order and published in accordance with applicable law. Mayor Denzer opened the pubiic hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer ciosed the public hearing. MOTION BY WO�COTT, SECONDED BY HALE, TO ADOPT RESOLUi'ION /d0. 98-172 A RESOLUTION APPROVING THE ASSESSMENTS FOR HIDDEN OAKS 4TH STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Mayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessment roll for Eagle Ridge street and utility improvements. City Attorney �ong stated Iegal notice was in order and published in accordance with applicable law. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor Denzer closed the public h°ar;ng. • !' : • ! M � : # +�i' • � +r .; . � � � ....� , *. , ' / ' . � "• • • ... ; � � tvlayor Denzer announced the purpose of the Public Hearing was to consider adopting the assessment roll for Pine Forest 1sf street and utility impravements. , • . � . -r �.. .� - . .- .��« � � « .a .� ..._... • � .. ...� ► _... . � .� ' ' •... � . #' .' ` � �' � . � . � Regular Meeting - September 16, 9998 Cottage Grove City Council Page 12 MOTION BY SHIELY, SECONDED BY HALE, TO ADOPT RESOLUTION Rd�. 98-174 A RESOLUTION APPROV(NG THE ASSESSMENTS FOR PINE FOREST 1ST STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0. Mayor Denzer announced the purpose af the Public Hearing was to consider adopting the assessment roli for Sandy Hills 7tn street and utility improvements. City Attorney Long stated Begal notice was in order and published in accordance with appiicable law. Mayor Denzer opened the pubiic hearing to those who wished Yo speak for or against the assessments. There being none, Mayor Denzer closed the public hearing. MOTION BY SHIELY, SECONDED BY KOHLS, TO ADOPT RESOLUTION NO. 98-175. A RESOLUTION APPROVING THE ASSESSMENTS FOR SANDY HI�LS 7TH STREET AND UTILITY IMPROVEMENTS. MOTION CARRIED. 5-0 Mayor Denzer announced the purpose of the Public Hearing was to consider adopting assessment roli for Acorn Mini Storage street improvements. City Attorney Long stated legai notice was in order and published in accordance with applicable Iaw. Mayor Denzer opened the public hearing to those who wished to speak for or against the assessments. There being none, Mayor denzer closed the public hearing. � � � . • � �: • • •,��. - � � �,. • � y:. ♦ �. .. , �.: .. ♦ r r� � • . i * �. � i � .. •�' '"' l \l� f\ ii� _1 1 Au4horize Issuance of On-Sa(e 3.2 Beer. Off-Sale 3.2 Beer, and Consum tp ian and Display Permit to �ett�Schultz, dba Boondocks Bar and Grill • � : � a •. •, a , �. . * , ; . , � . , - • ��:r �r - , , � � c �-� � s��r .��� -. �� . � �.� �, :..� ���� �� � Regular tvieeting - September 16, 1998 Cottage Grove City Council Page 13 :',� * �■s Award the Bid for Removal and Replacement af Hamlet Park Baseball Backstops to Gary's Fence Company MOTION BY HALE. SECONDED BY WOI.COTT, TO AWARD THE BID FOR THE REMOVAL AND REPLP,CEMENT OF HAMLET PARK BASEBALL BACKSTOPS TO GARY'S FENCE COMPANY IN THE BIQ AMOUNT OF $19,500. MOTION CARRIED. 5-0. Adopt a Resolution Awardingthe Bid for Construction of Public improvements for Pine Forest 4th Addition MOTION BY WOLCOTT, SECONDED BY HALE, TO ADOPT RESOLUTION NO. 98-177. AWARDING THE �ID FOR CONSTRUCTION OF PUB�IC IMPROVEPv1ENTS FOR PINE FOREST 4TH ADDITION. UNFINISHED AND NEW BUSINESS Deny the Proposed Tax Amendment ta Section 28-19 of the Zoninq Ordinance Relatin�to Non-Conforming 5tructures Floyd dtt, 11865 Point Douglas Road, stated that residential homesteads are in areas zoned industrial and commerciai and these homeowners canno4 get refinancing or insurance. Mr. Ott stated that property rights are sacred and suggested these zoned areas should be grandfathered in. Mr. Ott asked when the ordinance was passed. Community Development Director Kim Lindquist stated this is not rezoning, it is grandfathered in and explained the ordinance to Pvir. Ott. Community Development Director Lindquist stated that the problem the residents are having is with the refinarcing, as they cannat abtain ihe Conditional Use Permit ("CUP") until the act has happened. Cammunity Develapment Director Lindquist reported that Mr. Redmond has received refinancing without a change in the ordinance. Mr. Ott stated that the residents were there before the Iaw was passed, and now the residents have to put up with the conditions of this ordinance. Mr. OtC questioned haw government can devalue the property. '-• • 1 " -� . � • t� �• t:� ♦• Gommunity �evelapment [3irector Lindquist stated that the ordinance allaws over time for the City to bring the property uses into compliance. Community Development Director Lindquisf explained that Mr. Redmond's rrrortgage Regular Meeting - September 16, 1998 Cottage Grove City Council Page 14 company would not refinance for the amount under the first bank and this was the first time this situation happened. Community DeveBopment Director Lindquist stated that Staff is assuming other people are getting refinancing. IVIr. Ott asked for the reason for this ordinance. Community Development Director Lindquist responded that non-conforming uses over time wili be brought into conformance. Community Development Director Lindquist stated that this section of the ordinance has been in the ordinance since it was adopted. Council Member Shiely stated that eventuaily one area will all be commercial, all wili be industrial, and all will be residential. Council Member ShieBy stated that Mr. Redmond's area begarr as a residential area. Council Member Hale stated that there was a public meeting and residents supported the zoning. Council Member Hale explained that for the most part the Planning Commission respects the residents' requests, and this property was zoned commercial because residents supported it. Council Member Hale stated that a variance to build a residential home in a commercial area is not uncommon. Mayor Denzer stated that there are regulatians of what way you can zone, and you can zone to a higher value and not to a lower vaiue. Council fNember Kohls stated a concern that the City assumes since property is zoned commercial it will have a much greater value. Councii Member Kohls stated that she does not consider some areas marked corromercial to have much hope of becoming commercial. Community Development Director Lindquist stated that the Cauncil needs to discuss these concerns during the comprehensive plan review. Council Member KohBs asked if how long the process is fo get a CUP. Community Development Director lindquist stated that a typical process is 45 days, however if there were a major natural disaster, it could be expedited. Terry Redmond, 9501 islay Avenue South, stated that he is aware of one other person attempting to obtain financing, but has been denied because of the CUP. fv1r. Redmond reported to the Cauncil that speciai insurance needs to be purchased as well, stating that the horneowner wrill get reirnbursed 50 percent if he does nat buy the speciai insurance. Mr. Redmond sfated that he thinks it is unfair to pay for extra insurance. P�r. Redmond stated that he had to go to five martgage companies before he got a laan. CounciB I�ember Hale �tated tha4 he was involved with the street zonings back in the 1970s arrd at thaY tirrae the testimnny af tne residents was that they wanted Regular Meeting - September 16, 1998 Cottage Grave City Council Page 15 the commercial zoning. Council Member Hale stated that it is the option of the resident to rebuild. Council Member Kohis stated that she spoke with several of the residents and they were not aware of the insurance candition. Gommunity Development Director Lindquist stated that most people know that they are zoned commercial but was not sure if they were aware of the insurance issue. Community Development Director Lindquist stated that Staff couid send a letter informing the residents that they should contact their insurance carrier. Council Member Kohis asked Community Development Director Lindquist to send a letter to the residents. MOTION BY HA�E, SECONDED BY KOHLS, TO TABLE THE ISSUE OF THE PROPOSED TEXT AMENDMENT TO SECTION 28-19 OF THE ZONING ORDINANCE REI.ATING TO NON-CONFORMING STRUCTURES FOR FURTHER REVIEW. MOTION CARRIED. 5-0. Adopt a Resolution Grantinc�a Variance from Landscapinq Repuirements of Chapter 28 of the Zoni�q Ordinance and Ap�roving the Conditional Use Permit to Expand the Existing Non-Conforming Use for Sales of Recreationel Vehicles and Automobiles at 61 Marine & Sports. 11730 Point Douqias Road MOTiON BY SHIELY, SECONDED 6Y HALE, TO ADOPT RESOLUTlON MO. 98-?7�. GRANTING A VARIANCE FROM THE LANDSCAPE REQUIREMENTS OF CHAPTER 28 OF THE ZONWG ORDINANCE AND APPROVING THE CONDITIONA� USE PERMIT TO EXPAND THE EXISTING NON- CONFORMING USE FOR SALE OF RECREATIONAL VEHICLES AND AUTOMOBILES AT 61 t�ARINE & SPORTS, 11730 POINT DOUGLAS ROAD. Ccunci! Memb�r Hale stated that there os not adequate turnirg lanes on tiighway 61 to serve the area. He asked that e letter be sent to the Highway Department on this issu2. f�ayor Denzer agreed and instructed Staff ta direct a letter to �innesota Department of Transportation to address the turning lanes. Comrrrunity Development Directar Lindquist stated that there is City right-of-way in front of 61 Marine & Sports. Gouncil discussed the street and the entrance to 61 Marine & Sports. Lindquist stated that the Gity has right-of-way the full length of the lat, so the frontage road could be e�fended. . . . ♦ . - .' • • -■ - r�- � . � � � �. . � � ,.' .. � - r . .. - . ^� " �.. [ � �. • • � �. f2egular Meeting - September 16, 1998 Cottage Grove City Council Page 16 Counci{ Member Shiely stated this is a nominal fee and was surprised to hear it compared to the rental on the golf course. She stated that she was on the Pianning Commission at that time and the Commission did tell Mr. Stewart he couid park the vehicles there. Council Member Hale stated his concern is a legal one, if something were to happen when the City knows the property is being used and questioned if the City is liable. City Attorney Bob �ong stated that the property should be leased to take the liability away from the City, and that a lease is a good idea. Hale asked if there is a right to terminate a lease. Lindquist confirmed yes. Hale stated that the City should not make money on this land, as long as the City is not exposed to liability. Mr. Stewart stated that he does not feei a yeariy fee is necessary. Council Member Wolcott stated that five years is acceptable. Shiely agreed, and requested the lease include lawn maintenance. Council Member Hale requested that City Attorney �ong draft a iease and make the charge a nominal fee. Long stated that he would simply draw up a Iease with the provisions with a nominal fee, at the City's discretion. Council Member Wolcott confirmed a nominal fee on a five year lease. Community Development Director Lindquist stated that S4aff has a concern that people will take land that does not appear to be used. Lindquist stated that is why a lease is a more strucfiured arrangement so people do not take ownership of the property. She stated that this is a benefit to use the property that other praperty owners don't get. RESPONSE TO PREVIOUSLY RRlSED COUNClL CQ�ME�!TS At�D REQUESTS Assistant City Administrator Michefle VVoife updated the Council on the recruitment of the Public Safety Director. Wolfe sfated that the City has received applications, 4hey have been reviewed, and applicants that meet the minimum requirements vvill be notified. .,, -• . - . . •-- . ,•. - . _ _ ., . - . • r '-• ♦ • • • ♦ � • • • r •. . • • Regular Nteeting - September 16, 1998 Cottage Grove City Council Page 17 COUNCIL GOMtVIENTS AND REQUESTS Council Member Hale stated thaf Agenda ifiem 4H, Receive the Fteport on Permit to Peddle Door-To-Door, needs to be reviewed and discussed . He asked that this ordinance be reviewed as saon as possible. Hale suggested at the next f2egular Council meeting a resolution be drafted responding to Dr. Hoke's request. He instructed City Administrator Schroeder to draft a resolution regarding the school bond issue. PAY BIL�S MOTIOIV BY HALE, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 104251 TO 104454 IN THE AMOUNT OF $840,176.79. MOTION CARRIED. 5-0. Mayor Denzer adjourned the Regular Council Meeting to the adjoining conference room for a public workshop session at 9:37 p.m. WORKSHOP SESSION — Open to the public. tvlayor Denzer opened the public workshop session at 10:03 p.m. Private Utility Location Ordinance Worksho� City Administrator Schroeder stated that with the renewal project there has been a number of discussions with NSP as to the utility location. He stated that NSP would like to put in overhead lines, but that the ardinance mandates that a10 utility locations are underground in subd'ovisions. Schroeder stated that if NSP vvants 4o put the lines in overhead, 4hey can. He said that the City has been successful in negatiating underground lines at some cost, and explained tha4 Staff is cancerned that there wili be ongoing discussions of a simiiar fashion to pay an additional cost for underground lines when if should be pro forma. Schroeder stated that the lines on 900th will have to be reconstruc4ed and NSP is suggesting that under current ordinances fhey could be pu4 in overhead. Schroeder stated that Staff wauld tike the Council to cor�sider adaption af the Oakdale ardinance, and that Oakdale won the court chalienge with IVSP and it is under appeal. He explained that if the City adapts this ordinar�ce, it is not to be unexpected that NSP vvill puf the City in the same situation. Council Member l4ahls asked what iVSP"s legal argument is. Community [�evelopmer�t Director Lindquist stated that they questian the City's ability to Regular Meeting - September 16, 1998 Cottage Grove City Council Page 18 regulate them. City Attorney Long stated that his legal associate recommended that the City take the Oakdale ordinance exactly as is, and explained that if the appeals court overturns the district court, then the City can amend the ordinance af that time. Council Member Shiely asked if there were some savings to NSP long term. Lindquist responded that NSP states iYs more expensive because the lines are harder to maintain. The Council discussed other NSP projects in the Gity. Council Member Hale asked if the Leagu2 could be of assistance. City Attarney Long stated that the League is Iooking at filing a brief on behalf of the cities to defend 4he ordinance. Schroeder stated the largest issue is managing of the right-of-ways. The Council agreed with Staff's recommendation. Development Sureties Workshop The Council discussed the financial guarantees for financial improvements. City Administrator Schroeder stated that Staff met with the developers and agreed to conduct a survey to find out what other developing communities are doing. Schroeder stated that he will come back to the Councii with recommendations regarding the sureties. Schroeder provided the Council with the results of the survey regarding the financial guarantee for public improvements completed sa far. He explained that Staffs assumption that the 40 percent surety requirement was going to be higher than the market place, ard this appears that it is lower in some cases, higher in others. Council Member Shiely asked if there was a legal opinion or was this based on track records. City Attorney Long responded that there are problems on hov✓ to define a good track recard, as it apens up area of argument and challenges. Council Member Hale asked what the impact is for the developer, and Schroeder explained the breakdown for the developer. . . . . • . « • .- .�- �i . « •�. , _, .- ^♦ ♦ _ i� _ • r • ,, y r r w. r; Regular Meeting - September 16, 1998 Cottage Grove City Council Page 19 Director Lindquist stated that before tne developer can be on the plat, they have 40 own it. Council Member Wolcotf stated that the developer wouid buy it phase by phase. Schroeder stated that this is the information obtained so far, and StafF has this information because of the calls the Councii has been receiving. Schroeder requested additional time to work out this and some other issues for the Council. The Council reviewed a report provided by Finance Director Liz Johnson. The Council agreed that they are not in favor of preferentiai treatment to certain developers. Lindquist stated that Staff could review a couple of developments that Council is aware of and put it in a tabie form for Council review. Schroeder stated that Staff plans on putting together a complete list for Council review. Mayor Denzer stated that the Council's obligation is the citizens, not the developers. Council Member Kohls confirmed that Staff will come back to the Council with additional information. Schroeder stated the additional information will judge if the City is out-of-line with the percentage. Mayor Denzer stated that City Administrator Schroeder's performance review should be added to the ciosed session at the next Regular Council meeting. Mayor Denzer closed the workshop session at 10:50 p.m. CLOSED WORKSHOP SESSION - None. ApJpU.R.NMENT MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ADJOURN THE REGULAR COU(VCIL MEETING AT 10:51 P.M. MOTIOPJ CARRIED. 5-0. Respectfully submitted, Carolyn Petruga, Ftecording Secretary Tim�Saver Off Sife Secretarial, Inc.