Loading...
HomeMy WebLinkAbout1998-11-04 MINUTES� REGULAR MEETING COTTAGE GROVE CITY COUNCIL Wednesday, November 4, 1998 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 Hale Council Member Cheryl Kohls Absent: None Also present: Ryan Schroeder, City Administrator Bob Long, City Attorney � Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator Kim Lindquist, Community Development Director Liz Johnson, Finance Director At 7:15 p.m., Mayor Denzer opened the Open Forum. Jerry Julkowski, 6225 85 Street South, informed the Council that about 20 years ago he purchased a farm house on 85th Street after the Council had rezoned the property R5. He explained that the reason for this rezoning was so a bond issue could be put through and four- plexes could be planned. Mr. Julkowski stated that after the property was rezoned to R5, the City informed him that he had no sewer service, so nothing could be built. Mr. Julkowski stated that the City of St. Paul Park has since informed him that they would provide the necessary sewer service. Mr. Julkowski explained that in 1985 the land was rezoned industrial in an attempt to develop the land. The bank said without highway or freeway visibility to the property, it was not property they would assist in developing. Mr. Julkowski stated since the City of St. Paul Park will now allow him to hook into their sewer . system, he would like to get the land rezoned. He stated that it was his plan to build twin homes on the property. Regular Meeting - November 4, 1998 Cottage Grove City Council • Mayor Denzer informed Julkowski the City will consider his request, but informed him that he will need to go through the proper City channels. Mr. Julkowski responded that he has already spent $166,000 on the property, and does not want to spend more to go through the proper channels. Mayor Denzer instructed Staff to provide the Council with a report on the required rezoning application process. CALL TO ORDER The City Council of the City of Cottage Grove, Washington County, Minnesota, held a regular meeting on Wednesday, November 4, 1998, at the Cottage Grove City Hall, 7516 80th Street South. Mayor Denzer called the meeting to order at 7:30 p.m. ROLL CALL Present: Mayor John Denzer Council Member Jim Wolcott Council Member Sandy Shiely Council Member Rod Hale • Council Member Cheryl Kohls Absent: None Also present: Ryan Schroeder, City Administrator Bob Long, City Attorney Jerry Bourdon, City Engineer Jim Kinsey, Acting Public Safety Director Les Burshten, Public Works Director Michelle Wolfe, Assistant City Administrator Kim Lindquist, Community Development Director Liz Johnson, Finance Director Mayor Denzer presided over the meeting. ADOPTION OF AGENDA Mayor Denzer noted an addition to the agenda. Under Presentations, City Administrator Schroeder will swear in a new police officer to the Cottage Grove Police Department. MOTION BY HALE, SECONDED BY SHIELY, TO APPROVE THE FINAL AGENDA AS AMENDED. MOTION CARRIED. 5-0. • Page 2 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council • PRESENTATIONS Swearing in of Officer Paul Theisen Ryan Schroeder read aloud a declaration swearing in Officer Paul Theisen to the Cottage Grove Police Department. The declaration stated that Officer Theisen would act as a police officer and paramedic for the City of Cottage Grove, County of Washington, State of Minnesota. Acting Public Safety Director Kinsey presented Badge No. 4332 to Officer Theisen. Presentation on Kingston Park Securitv Acting Public Safety Director Jim Kinsey stated that he had hoped to show a video demonstrating the damage done to the Kingston Park on October 30, 1998, but unfortunately was unable to obtain a copy of the tape in time for the meeting. Kinsey explained to the Council that on October 30, 1998, the pavilion at Kingston Park was broken into and severely damaged. Multiple supplies and paint were removed from the cabinets and strewn all over the exterior of the pavilion, on picnic benches, and the ground. In addition, a fire was started inside the structure, which did a considerable amount of damage. • Kinsey stated that the Police Department has leads on who may have been involved. The Police Department needs the help of the community to watch Kingston Park. Wolcott asked whether the Cable Company could show the video over public television. Kinsey responded that the Police Department would like to have the citizens see what damage was done to the park. Wolcott commented that this is not the first time this facility has been damaged. He asked whether there was a way to secure the building so this cannot be done again. Kinsey stated that the Police Department is working on this issue, but still needs the help of the citizens. Wolcott stated that the citizens need to help, and urged the citizens to do so. Wolcott stated that the police officers would like to see signs posted indicating that the park closes at certain hours. Public Works Director Les Burshten responded that the signs were being made and would be posted at all entrances to the park. Wolcott suggested that the Council consider authorizing a"to-be-determined" amount of money to help apprehend the individual(s) who vandalized the park. He felt that the Council needs to take a proactive role to help apprehend the vandals. Kohls asked whether the same people are causing the damage problems over and over. Kinsey responded that at the present time this question was inappropriate to answer, but the . Police Department does believe that there has been more than one group involved in the damage. When the investigation is complete, the Police Department will be able to answer Kohl's question. Page 3 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Councii . Kohls asked if it was possible to lease video equipment to monitor the park at a reasonable cost. Kinsey responded that the cost factor to monitor the park is an issue. Additionally, lighting is not sufficient to allow decent videotaping in the area. Wolcott suggested that lighting in the park be improved. Shiely asked what type of penalty is given for this type of damage. Kinsey explained the charges and penalties that could be imposed for minors and adults. Denzer questioned whether a reward would help secure the party. Kinsey stated that the Department has secured funds from the Cottage Grove Lions Club for a reward. Flyers regarding the reward have been posted. Hale stated that if the video were shown on public television, the Police Department could receive community support. MOTION BY WOLCOTT, SECONDED BY SHIELY, TO PROVIDE THE COTTAGE GROVE POLICE DEPARTMENT WITH A GENERAL REWARD FUND IN THE AMOUNT OF $1,000 TO BE USED WHEREVER NEEDED. MOTION CARRIED. 5-0. APPROVAL OF MINUTES - None. • CONSENT CALENDAR Wolcott asked that Item K be removed from the Consent Agenda and added to the Unfinished and New Business. Kohls asked that Item G be pulled for discussion. Kohls stated that Item G is a resolution recognizing 3M's donation of a house which was used by Cottage Grove Fire Department in an open house training event. Kohls explained that many firefighters and citizens were involved in this training event. Kohls offered 3M a personal thank you for their donation. MOTION BY WOLCOTT, SECONDED BY HALE TO: A. ACCEPT AND PLACE ON FILE THE AUGUST 26, 1998, HUMAN SERVICES COMMISSION MEETING MINUTES, AND THE SEPTEMBER 28, 1998, PLANNING COMMISSION MEETING MINUTES. 6. ADOPT RESOLUT/ON NO, 98-201, A RESOLUTION CANVASSING RETURNS OF VOTES AT THE MUNICIPAL GENERAL ELECTION. C. DIRECT STAFF TO ISSUE A WRITTEN WARNING TO THE OWNER OF THE MISSISSIPPI DUNES GOLF COURSE FOR THE JULY 27, 1998, LIQUOR LICENSE . VIOLATION. Page 4 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council � D. AUTHORIZE STAFF TO SOLICIT BIDS FOR AN ELECTRONIC DOCUMENT IMAGING SYSTEM. E. ADOPT RESOLUTION NO 98-202, A RESOLUTION AUTHORIZING WRITE-OFFS OF THE SOUTH WASHINGTON COUNTY AMBULANCE ACCOUNTS RECEIVABLE IN THE AMOUNT OF $57,429, AND PROVIDING FOR AN INTERFUND TRANSFER IN THE AMOUNT OF $57,429 FROM THE GENERAL FUND (100) TO THE SOUTH WASHINGTON COUNTY AMBULANCE FUND (660). F. ADOPT RESOLUT/ON NO, 98-203, A RESOLUTION AUTHORIZING WRITE-OFFS OF ACCOUNTS RECEIVABLE IN THE AMOUNT OF $1,457.00. G. ADOPT RESOLUTION NO. 98-204, A RESOLUTION ACCEPTING THE DONATION OF A BUILDING BY 3M COTTAGE GROVE FOR USE BY THE FIRE DEPARTMENT DURING FIRE RESCUE AND TRAINING. H. ACCEPT RESIGNATION OF JACKIE SMITH FROM THE HUMAN SERVICES/HUMAN RIGHTS COMMISSION. APPOINT KATHY HAYES TO THE HUMAN RIGHTS/HUMAN SERVICES COMMISSION FOR A TWO YEAR TERM. • J. AUTHORIZE ISSUANCE OF A SINGLE-OCCASION GAMBLING PERMIT TO CRESTVIEW ELEMENTARY PTA TO CONDUCT A RAFFLE ON SATURDAY, NOVEMBER 14, 1998 AT 7830 80 STREET SOUTH. ALSO, TO WAIVE THE $100.00 PERMIT FEE. K. ITEM K WAS REMOVED FROM THE CONSENT AGENDA AND ADDED TO THE DISCUSSIONS UNDER UNFINISHED AND NEW BUSINESS. L. ADOPT RESOLUT/ON NO. 98-205, A RESOLUTION ESTABLISHING 1999 FEES. M. APPROVE THE CONDITIONAL EMPLOYMENT APPOINTMENT OF NATHAN ZENKER TO THE POSITION OF PUBLIC SAFETY DISPATCHER. MOTION CARRIED. 5-0. RESPONSE TO PREVIOUSLY RAISED OPEN FORUM ISSUES - None. PUBLIC HEARINGS - None. BID AWARDS - None. � Page 5 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council � UNFINISHED AND NEW BUSINESS A�prove Revised Investment Policv MOTION BY WOLCOTT, SECONDED BY KOHLS, TO ACCEPT THE REVISED INVESTMENT POLICY. MOTION CARRIED. 5-0. Consider Denial of Proposed Zoninq Ordinance Text Amendment Relating to Nonconforminq Structures Council reviewed the application of Terry Redmond, 9501 Islay Avenue South, for an amendment to Section 28-19, Nonconforming Uses, and Structures of the City's Zoning Code. The purpose of the proposed text amendment is to allow nonconforming residential buildings in commercial zoning districts to be rebuilt in the event the dwelling is damaged 50 percent or more of its fair market value. Redmond stated that as he previously informed the Council, the commercial zoning of his property has caused him a lot of difficulty. He explained to the Council the trouble he and his neighbors have endured because of the commercial zoning, and stated that the zoning was changed to commercial without a hearing in 1956. • Shiely asked Lindquist how the houses were zoned commercial. Lindquist explained that Staff's research shows that Lamar has always been zoned commercial on both sides. Wolcott asked if the City could rezone. Lindquist responded yes. Hale stated that there was rationale to change the zoning. Shiely stated that if this property were rezoned to residential, would it be considered "spot zoning." Lindquist stated that if it were documented as a conscious decision, it would not be spot zoning. Hale suggested that a public hearing regarding this issue be held. Lindquist stated that the Planning Commission would discuss this issue and consider a community meeting to discuss their proposed plan. Mayor Denzer confirmed that the Planning Commission had a plan in place. Tom Casey, an attorney for Hugh Gibson, a property owner in Cottage Grove, stated that he was speaking on behalf of Mr. Gibson. Casey stated that his client asked him to offer his general comments regarding residential uses in commercial zones. He stated that his client would like these issues looked at carefully and was glad to hear the Council agreed. Gibson suggested dual use zoning. . MOTION BY WOLCOTT, SECONDED BY HALE, TO DENY THE PROPOSED TEXT AMENDMENT TO SECTION 28-19 OF THE ZONING ORDINANCE RELATING TO NON- Page 6 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council � CONFORMING STRUCTURES BASED ON THE FIVE FINDINGS LISTED IN THE OCTOBER 28, 1998 MEMORANDUM TO THE COUNCIL AND CITY ADMINISTRATOR SCHROEDER FROM JOHN McCOOL, SENIOR PLANNER. MOTION CARRIED. 5-0. Review and Comment on South Washington Watershed District Rules Kohls stated that the City received a copy of the proposed Watershed District rules as well as the comments from Woodbury and Oakdale. She stated that she did have some concerns and lots of questions with regard to the Watershed District rules. Kohls stated that she would contact the City Engineer to discuss this issue further. Wolcott asked that Kohls provide the Council with a list of her questions. Lindquist stated that the public hearing on the rules is next week. She commented that she will attend the meeting and was hoping the City's comments could be formalized prior to the meeting. Mayor Denzer confirmed that Staff and Council would review this issue further. MOTION BY SHIELY, SECONDED BY WOLCOTT, TO DIRECT STAFF TO OBTAIN ANSWERS TO COUNCIL'S QUESTIONS REGARDING THE WATERSHED DISTRICT • RULES. MOTION CARRIED. 5-0. A�prove Resolution Grantina Amended Conditional Use Permit to Allow Construction of a Building/Showroom at 7528 East Point Douglas Road Judd Beattie of Sunbelt Auto & Truck Leasing explained to the Council that he was asking to improve and beautify what they already have by renewing an existing building site. Beattie also stated that he would like to utilize the existing signs. He explained that the curb cuts are not new, and they would like to keep the curb cuts. He stated that he has excellent neighborhood support and has talked to all the neighbors. 100 percent of the neighbors signed a petition asking the City to allow Sunbelt Auto to use the site as proposed. The petition was distributed to the Council. A copy of the petition is attached to and made a part of the original minutes. Beattie explained that with regard to combining the lots, City Staff came up with an alternative of placing a restrictive covenant on the property. He agreed that this alternative solved the problem. The covenant prohibits Sunbelt Auto from selling the property separately as a car business. Hale confirmed that this issue is resolved. Beattie and the Council discussed the curb cuts in detail and determined which cuts will be used for entrances and exits. The Council and Staff discussed how the remaining curb cuts could be blocked. . The Council and Beattie discussed the proposed landscaping design. Beattie stated that currently there is no landscaping at this site. Page 7 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council • Wolcott asked if plowed snow would be put on the southern side of the property. Beattie explained their plan for snow removal. Shiely asked how the landscaping plan fits into the City's current landscaping ordinance. Lindquist stated this plan does not fit into the City's plan, and most of the landscaping is in the City's right-of-way. Shiely asked if there was a hardship because of the narrowness of the property. Beattie responded yes. Hale asked how Staff suggested Sunbelt Auto improve the landscaping design to be more compatible with the ordinance. Lindquist responded it could be improved by closing the end curb cut. Hale asked if planters could be used rather than closing the curb cut. Lindquist responded that it was up to the Council. Beattie stated that this is an existing operating business and they are willing and able to make improvements, but they cannot make it to the point of conforming to every regulation because the property does not conform. He stated that he is asking the City not remove or restrict things they already have. Hale confirmed that the three issues are curb cuts, landscaping, and signage. • Shiely confirmed that Lindquist had not seen the landscaping plan before this meeting. Lindquist agreed. Denzer agreed with Wolcott, and stated that he did not see a problem with three entrances and the finro signs. Denzer stated that the only exception being requested is varying from the landscape ordinance. Kohls asked if in the past when there were two separate businesses with two separate signs have the signs stayed. Lindquist stated that they are non-conforming situations and there are opportunities to try to get compliance. MOTION BY WOLCOTT, SECONDED BY HALE, TO APPROVE RESOLUT/ON NO. 98-206, A RESOLUTION GRANTING AN AMENDED CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A BUILDING/SHOWROOM AT 7528 EAST POINT DOUGLAS ROAD; REMOVING STIPULATION NOS. 7 AND 14 FROM THE 14 STIPULATIONS LISTED IN THE RESOLUTION. MOTION CARRIED. 4-1 (KOHLS VOTED AGAINST). RESPONSE TO PREVIOUSLY RAISED COUNCIL COMMENTS AND REQUESTS Receive Response to Comments and Concerns from Abigail Grenfell � Council received the response to Abby Grenfell, 8267 81S Street South, regarding the Pavement Management Improvement Project. Page 8 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council • COUNCIL COMMENTS AND REQUESTS Mayor congratulated Pat Rice and Sandy Shiely on their recent election and re-election to the Council. Wolcott read aloud the following prepared statement: Wolcott stated that during election time citizens hear people talk about listening to the people and also keeping the people informed. The City sends out a quarterly City newsletter to try to give information to the citizens of Cottage Grove. Another way the City keeps the citizens informed is to broadcast the Counci! meetings and Commission meetings on the governmental channel, which is replayed a number of times at different times during the week. This is also used by Public Safety, Parks and Recreation Departments, and other departments also use this method to get their message to the residents of Cottage Grove. Wolcott stated that the weekend before last he was checking all weekend to view the tapes that the candidates made for the election of November 3, 1998. All that was playing on the City's government channel was information about library hours that is always on channel 22. He continued to watch each night to try to view these tapes and was disturbed to see the amount of outdated information that was • being shown. The tapes from the candidates finally were run on the weekend but it was hard to catch all of them since other programming would play someplace in the middle of that program. He never did get a chance to view all of the candidate presentations. One candidate tape did not have the audio portion until Sunday's tape was shown. Each of the candidates spent a great amount of time doing these tapes so the citizens could see the information. Wolcott stated that the candidate tapes were shown three days prior to the election and asked why these were not shown earlier, and even when they were finally played, why did other programming cut in so people could not view all of the candidates. The candidates forum was re-played, and Wolcott asked why it took so long to start being shown. With the major upgrading done to the Cottage Grove Public Works Building, Wolcott asked why this was not covered and shown to inform the citizens. Wolcott stated that other things like the City volunteer recognition dinner was not covered this year like it had been in the past. Wolcott asked if the Council and Staff are using this means of communications to the citizens the best they can. Wolcott questioned if the government access staff is providing the service the Council and City wants to help inform the citizens. Wolcott stated that he would like to see Staff review this matter and that the Council discuss it at a future meeting. � Shiely asked that a designated time be set to discuss this issue. Wolcott stated that he feels we are short-changing the residents by not getting this information out to them. Page 9 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council � Kohls commented that the City's web site was not current and the minutes had not been updated since last May. Kohls stated that she would like to get to the point where the agenda is available on the web site on the Friday prior to the City meeting. Kohls would like the City's web page to have some value. PAY BILLS MOTION BY SHIELY, SECONDED BY KOHLS, TO APPROVE PAYMENT OF CHECK NUMBERS 105003 TO 105174 IN THE AMOUNT OF $329,674.22. MOTION CARRIED. 5-0. Mayor Denzer adjourned the Regular Council Meeting to the open public workshop session at 8:49 p. m. WORKSHOP SESSION Mayor Denzer opened the public workshop session at 9:10 p.m. Workshop to Discuss Public Input at City Council Meetinqs Schroeder stated that Kohls attended a Woodbury City Council meeting and provided Staff with Woodbury's Council agenda and meeting materials. Schroeder asked if the Council was � interested in including their telephone numbers in public information, what phone numbers should be used. Hale suggested the Council's home telephone numbers. The Council agreed. Shiely questioned how Woodbury handled their open forum time limit. Kohls responded that at the meeting she attended individuals stuck to the times placed on the agenda. Mayor Denzer stated that if he has specific questions about agenda items, he talks with Staff prior to the meeting and that cuts down on a lot of ineeting time. Kohls stated that she did not think that the times were necessary. Wolcott thought the time limits were a good idea. Kohls stated that she did like Woodbury's agenda because it gave explanations of the issue and what Staff recommended. She asked if this could be incorporated into Cottage Grove's agenda. Shiely asked if the Council felt open forum was working. Wolcott stated that last minute items are discussed at this time that could not be on the regular agenda. This also allows people who do not wish to speak in front of the camera to come forward. The Council discussed the issue of public discussions not held on camera and the possibility of the open forum being held during the Regular Council meetings. Two members of the audience stated that they would like the open forum televised. � Shiely stated that she had not seen a change in the open forum now that it is off camera. She explained that people on the agenda are often put on hold for long periods of time when Page 10 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council � people who are not on the agenda discuss their open forum issues during the Regular Meeting. Kohls stated that members of the audience are not able to hear the Council very well because the microphones are used for televising the meeting and not for the audience. Mayor Denzer asked Staff to check into the microphone situation. Mayor Denzer suggested that open forum be held before the meeting and again after Unfinished Business. Shiely stated that open forum needs to be limited to a certain number of people with a certain amount of time. Kohls stated that there should not be a limited amount of people. Hale stated that residents can call the City and have their issues placed on the agenda. Open forum is for those individuals who have issues at the last minute and want to make the Council aware. Wolcott stated that open forum is for people who had issues that came up after the agenda was published. Two members of the audience gave their views on how the Council should conduct the meetings. Kohls stated that she would like to have open forum televised. Woodbury has a sign-up sheet • where the individual who would like to speak has to describe their discussion topic. Denzer stated that people who did not get their issue discussed at the beginning of the meeting should have the opportunity to discuss their issue after Unfinished Business. If their issue would take longer than two minutes, they be added to an agenda. Open forum should be available to those who do not want to sit through an entire meeting. The Council agreed that Open forum should begin at 7:15 p.m. and that it be televised. Shiely stated that the Council needs to determine a way to conclude the meetings earlier. The Council agreed. Schroeder confirmed that Staff had received from the Council the direction they would like to take with regard to this issue. Workshop Requesting Direction from Council Reqarding Developing a Strategy to Address Upcoming Watershed Issues Lindquist asked the Council to give her direction regarding developing a strategy to address upcoming Watershed issues and questioned if the Council wanted to pursue the study and the option of hiring another firm to monitor the Watershed discussions on the overflow study and financing. Shiely stated that she was in favor of having an outside expert monitor what the Watershed •' District is doing. The City needs to look at their own needs. Page 11 of 12 Regular Meeting - November 4, 1998 Cottage Grove City Council The Council discussed in detail the options listed in the October 30, 1998, memorandum to the Council from Lindquist. Hale stated that he is concerned with taking care of the East Draw. Hale stated that until the Watershed District demonstrates that they are going to do some damage or in some way do something inappropriate to the City, the City should not use City money to police the Watershed District. Wolcott agreed. Lindquist stated that "monitoring" was not the right word and explained that at some point there will be technical information to warrant bringing in someone. Wolcott asked Lindquist if Staff will obtain bids for a consulting engineer. Lindquist responded yes. The Council gave Staff direction to obtain quotes. Mayor Denzer closed the public workshop session at 10:03 p.m. CLOSED WORKSHOP SESSION - None. ADJOURNMENT MOTION BY WOLCOTT, SECONDED BY SHIELY, TO ADJOURN THE REGULAR COUNCIL MEETING AT 10:04 P.M. MOTION CARRIED. 5-0. • Respectfully submitted, Carolyn Petruga, Recording Secretary TimeSaver Off Site Secretarial, Inc. � Page 12 of 12