Cottage Grove Planning Commission Meeting 10-28-24

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Based on the context of the municipality, the roll call, and the introductions provided in the transcript, here is the formatted text with speaker names. *Note: Some staff members (Connor Jakes, Crystal Raleigh, Riley Rooney, and City Attorney Corey L.) and Planning Commission members were identified via the transcript's internal introductions and roll call, even where they were not on the provided list.* [00:00] **Chair Frasier:** Good evening and welcome to the Planning Commission's regular meeting for October 28th, 2024. At this time we'll move to roll call. [00:05] **Chair Frasier:** Commissioner Harmon? [No response]. Commissioner Bhatt? [00:07] **Commissioner Bhatt:** Here. [00:08] **Commissioner Brittain:** Here. [00:09] **Commissioner Fischer:** Here. [00:10] **Chair Frasier:** Here. [00:11] **Chair Frasier:** Commissioner Kanable? [No response]. Commissioner Rasmussen? [00:13] **Commissioner Rasmussen:** Here. [00:14] **Commissioner Stevens:** Here. [00:15] **Chair Frasier:** Thank you. Item three is approval of the agenda. Do I have a motion to approve? [00:18] **Commissioner Rasmussen:** Motion to approve. [00:19] **Chair Frasier:** I have a motion to approve from Commissioner Rasmussen. Do I have a second? [00:21] **Commissioner Brittain:** Second. [00:22] **Chair Frasier:** Second from Commissioner Brittain. All those in favor say Aye. [00:24] **Commissioners:** Aye. [00:25] **Chair Frasier:** All those opposed say no. Motion carries 6-0. Item four on tonight's agenda is Open Forum. This is an opportunity for anyone who's here in the audience tonight to speak to the commission on something that is not on tonight's agenda. So if you are here for the Chase Bank plat, the Capital Improvement plan, the water treatment plant, or the cannabis ordinance, you'll have an opportunity to speak on those items later. If there's something else you'd like to talk to us about, now is the time. So at this time I will open Open Forum. If you'd like to step to the podium, state your name and address for the record, please. [01:00] **Diane Wolski:** Hi, I'm Diane Wolski. We live down in Pine Glen, 11570 Leighton Avenue South. I'm here to propose that we find a way through grants or something to get a bike path connecting us from that area up to the bike paths that we have here. We would be able to go all the way—as I talked to Zach about—to Lake Elmo once we connect here. Right now my husband and I ride bikes regularly and we come on the highway in order to connect to the Ravine Park and then go from there. It's very dangerous to go along the highway... especially during the construction, holy Toledo, it was bad. I drew you some maps and made a proposal for you... I am more than happy to work on grants or do whatever it takes to try and get us something to connect us to the rest of the place. We have lots of younger families moving into our area. It would be a lot safer for them to be able to get out and go, and it's good exercise for the families. I am willing to do whatever it takes... I'm retired now, I can do those things. Does anyone have any questions? [02:30] **Chair Frasier:** I want to see your map. [02:32] **Diane Wolski:** My map! I was not an art teacher. I proposed an East and a West side of the highway. [02:40] **Chair Frasier:** Emily, did you want to maybe put it up on the screen so everybody can see it, or... [02:44] **Emily Schmitz:** We have a document camera over there, or we can just pass it. [02:46] **Diane Wolski:** That’s fine. Our thoughts were that coming on the East side of the highway we'd be able to connect at Kimbro to the frontage road there and come in Ravine Park on that side... but I’m not a planning person. [03:00] **Chair Frasier:** Understood. I got one quick question. Is the challenge getting across Highway 61? Is that the— [03:05] **Diane Wolski:** We're on the West side and so we have to get over there. We usually come at the light and then the rest of the way you've got about a mile or a little bit more of riding just along the shoulder of the highway... It’s a scary part. We have two grandchildren we like to take them riding with us. We can't do the places unless we haul the bikes and that makes it difficult. [03:45] **Commissioner Bhatt:** I do have a question. Did you already say that you like the East Side plan better than the West Side plan? [03:50] **Diane Wolski:** I do. I think it would work better because that would give us a way to cross the highway at the stoplight and have a crosswalk there. [04:10] **Chair Frasier:** Any other questions? Then did you intend for us to keep the maps or did you want them back? [04:15] **Diane Wolski:** They're all yours. [04:17] **Chair Frasier:** All right, so without objection we'll make them part of the record for the meeting tonight. Thank you very much. Anyone else for Open Forum? [04:25] **Bonnie Matter:** Hello, I'm going to start calling you "The Crying Wall," I think that's a good name. What? Bonnie Matter, 6649 Inskip Avenue South, Cottage Grove. I'm going to say this now rather than as part of the CIP, but the city of Cottage Grove has a website. All public hearings should have a separate post on the landing page in the latest news section... The city must be as transparent as possible with the residents and provide this information in a timely manner. A post on the city's Facebook page would also help in reaching as many residents as possible. Thank you. [05:00] **Chair Frasier:** Thank you. Anyone else for Open Forum? Seeing none, I'll close Open Forum. We'll move on to the Chair's explanation of the hearing process... The Cottage Grove Planning Commission is an advisory commission to the City Council. We make recommendations based on presentations that are made before us at open hearings. Typically, the City will explain the proposal and provide their recommendation. The applicant will then have the opportunity to provide additional information... and finally, we would open public hearing. The Planning Commission or the City Council will then act on these matters at their next meetings. [06:30] **Chair Frasier:** We will move on to number six, which is Public Hearing and Applications. 6A is the Chase Bank plat, case P2024-018, with Connor Jakes presenting. [06:40] **Connor Jakes:** Good evening Mr. Chair, members of the commission. The application before you this evening is a preliminary plat for the proposed Gateway North Second Edition. The subject site is the Kohl's parcel... The proposal is a preliminary plat to split 1.03 acres from the Kohl's site to create a separate parcel for that Chase Bank site... After the construction of Chase Bank, the applicant has decided to move forward with separating those lots so each business is on its own parcel. Staff's available for any questions, and unfortunately, the applicant was not able to make it. [07:45] **Chair Frasier:** Thank you. Any questions for staff? [07:48] **Commissioner Rasmussen:** Dividing out this parcel, is it safe to assume they still meet all setback and parking requirements? [07:53] **Connor Jakes:** Commissioner Rasmussen, that's correct. Kohl's still meets all parking requirements and applicable standards, as well as that Chase Bank site that was recently approved. [08:05] **Commissioner Brittain:** It was mentioned in the staff report about Park dedication... could you clarify for me when that occurs? I see this is a lot split, but something got built here. Does that only occur when there's a lot split or should we be doing this as new structures go up? [08:20] **Connor Jakes:** Commissioner Brittain, great question. Usually we receive Park dedication at the time a new parcel is created. At the time of Chase Bank [construction], we weren't able to collect Park dedication. We can collect it now that a new lot is being created. [08:55] **Commissioner Bhatt:** So the access is now shared between three plots? [09:00] **Connor Jakes:** Commissioner Bhatt, that's correct. There's a private access agreement that all properties are part of. [09:20] **Chair Frasier:** I guess I just have one more question. Is there a reason why the lot split wasn't done at the time the approvals for Chase Bank was done in 2023? [09:25] **Connor Jakes:** It's a good question. Kohl's is kind of going through a company-wide restructuring where they're trying to split off parcels where they have parking lot developments. It helps on our side too because our utility billing follows parcel identification numbers. [09:50] **Chair Frasier:** Thank you. At this time we'll open public hearing on the application. Anyone wishing to speak for or against this application can step to the podium. Seeing none, we'll close public hearing. Any further discussion from the commission? [10:10] **Commissioner Fischer:** I'll make a motion to approve subject to the conditions stipulated in the staff report. [10:15] **Commissioner Rasmussen:** Second. [10:16] **Chair Frasier:** Motion from Commissioner Fischer, second from Commissioner Rasmussen. All those in favor say Aye. [10:19] **Commissioners:** Aye. [10:20] **Chair Frasier:** All those opposed say no. Motion carries 6-0. 6B tonight is the Capital Improvement Plan for 2025 through 2029, case CP2024-20. [10:30] **Crystal Raleigh:** Good evening Mr. Chair, members of the commission. I'm here to take you through the Capital Improvement Plan. I'm going to start the presentation by turning it over to Zac, our Parks Director, who's going to take us through the parks and facilities portion. [10:50] **Zac Dockter:** Thank you Crystal. Thank you Chair, members of the commission. Good to be back. I'm going to go through all the park improvement projects... [Zac describes Denzer Community Park, Altman Park, equipment replacements, and LED lighting upgrades]. We are also proposing to turn the Woodridge Park rink into a pickleball court because the pickleball growth is through the roof right now. [13:30] **Commissioner Rasmussen:** Two quick questions. In 2028, local option sales tax 5.25 million—can you help me understand what that is? And about pickleball courts really quick, do we have any in town? [13:45] **Zac Dockter:** Commissioner, I'm going to address the sales tax in future slides. As for pickleball, we have three at Granata Park, six at Glacial Valley, and others at Cedar Meadows and Sunny Hill. It’s been open for one year and people already can't get on. It’s crazy. [14:15] **Commissioner Bhatt:** I thought you said that you would prefer the Highlands tennis court replacement... why wait until 2028? [14:25] **Zac Dockter:** Commissioner Bhatt, thank you. There's significant cracking there and we're going to try to patch that this year. If that repair doesn't work, we may move that project up. [14:45] **Commissioner Brittain:** Glacial Park, is that paved or is there a hard surface on that rink there? [14:55] **Zac Dockter:** It is not paved right now. The Athletic Association is looking at partnering for a rollerblade court or roller hockey. [15:20] **Commissioner Fischer:** These pickleball things... is it just regular pavement or is there a specific surface? [15:25] **Zac Dockter:** Commissioner Fischer, it's pavement, but then we hire a company to apply a "court paint" or shell on top. [15:45] **Zac Dockter:** [Zac discusses the "Preserve Play Prosper" plan and local option sales tax]. This assuming all three questions pass. If only one passes, we make adjustments... [Zac presents concepts for the Kingston Park building and Mississippi Dunes building]. [18:20] **Commissioner Rasmussen:** I really like the new park buildings. Do they get staffed? [18:25] **Zac Dockter:** Commissioner, we do not staff them unless there's a special event. However, we open the restrooms every day, and our Police Department is really lucky—they come in at sundown and close them down. [19:40] **Zac Dockter:** [Zac concludes with public facilities and ice arena maintenance]. [20:30] **Crystal Raleigh:** I'm going to continue talking about our streets projects. This is our 10-year outlay for proposed Mill and Overlay and Pavement Management projects... [Crystal details Hidden Valley, 80th Street reconstruction, and the 100th Street bridge project estimated at $55 million]. Now for utility and pedestrian projects... we have 3M settlement projects, the Low Zone treatment plant, and chloride reduction/water softening. [25:10] **Commissioner Brittain:** The reconstruction of Jamaica to Military... would that include the realignment of Jamaica/Military with the roundabout? [25:15] **Crystal Raleigh:** That would be included, yes. [25:20] **Commissioner Bhatt:** Regarding the new bike path mentioned in Open Forum—are those in the CIP? [25:25] **Crystal Raleigh:** There are several within the CIP. That specific area would likely be part of the 100th Street realignment project. [25:35] **Commissioner Stevens:** On the water softening—are we doing work now to make room for it? [25:40] **Ryan Burfeind:** Commissioner, that's a great question. We made sure we didn't preclude it. However the water mains were set up on site, we want to make sure adding it later would be as easy as possible. [26:15] **Chair Frasier:** Thank you. At this time we will open public hearing. [26:25] **Bonnie Matter:** Bonnie Matter, 6649 Inskip Avenue South. The city has no money. The taxpaying residents of Cottage Grove are the owners of each and every item... when the city spends taxpayer money on large ticket "wants" like River Oaks or the Kingston building, that should be put before the taxpaying voters. We should pay off the loan on Glacial Valley Park first. There are ongoing problems with pedestrians on 80th and 70th... we’ve got too many kids trying to get across. Residents are told how low our taxes are, but we are looking at utility rate increases across the board. Now might be the time to take a pause on park projects. [28:45] **Chair Frasier:** Thank you. Anyone else wishing to speak? Seeing none, we'll close public hearing. Staff, do you want to address the comments? [29:00] **Zac Dockter:** To address why Kingston was not in the sales tax—you can't fund everything. We narrowed the list based on community feedback. It doesn't prevent us from using other funds for other projects. [29:45] **Commissioner Brittain:** Just to clarify, Park Dedication fees mean the developers are putting money in. They *are* paying their fair share? [29:50] **Zac Dockter:** Correct, though those fees aren't as effective as they were 10 years ago due to inflation. [30:15] **Crystal Raleigh:** Regarding 70th Street, that is a County Road. They have planning in their CIP for those crossings. [30:30] **Ryan Burfeind:** Regarding climate change, we are looking at storm water rates and resiliency. Regarding utility rates, 80% of the sanitary fund goes to the Met Council; we only control 20%. The street light fund increase is paying the bills to Xcel Energy. And to be clear, the 3% surcharge mentioned for burying power lines is actually a flat 89 cents per customer per month. [33:15] **Commissioner Bhatt:** Is everything in the CIP from our tax dollars? [33:20] **Ryan Burfeind:** A surprisingly small amount is actual property tax dollars. Many are development-driven, grant-funded, or come from the 3M settlement or gas tax (MSA dollars). [34:10] **Commissioner Fischer:** I personally think the city does a great job with planning. I enjoy living here, I feel like we take pride in our city. Good job everybody. [35:10] **Commissioner Stevens:** With each project, it would be cool to see low-impact development and native plantings. I think there's a lot of opportunity to work with the Watershed District. [35:40] **Chair Frasier:** I would look for a motion. [35:42] **Commissioner Brittain:** Motion to approve. [35:44] **Commissioner Stevens:** Second. [35:46] **Chair Frasier:** All those in favor say Aye. [35:48] **Commissioners:** Aye. Motion carries 6-0. [36:00] **Chair Frasier:** 6C is the intermediate zone water treatment plant, case PPSV SPV 2024-019, with Riley Rooney presenting. [36:10] **Riley Rooney:** Good evening Mr. Chair, members of the commission. Before you is a proposal for the site plan review, preliminary plat, and variance for the Intermediate Zone Water Treatment Plant. The location is proposed for south of the central fire station in Pine Tree Pond Park... This project is to mitigate PFAS contamination using 3M settlement funds. In exchange for using Parkland, compensation received is planned to pay for park improvements like a boardwalk, a disc golf course, and new playgrounds. We are requesting two variances: one for building height (up to 40 ft for the stairwell) and one for a 32-foot rear setback. [43:00] **Ryan Burfeind:** I want to touch on what this plant means. This is fully funded through the 3M settlement, not taxpayer dollars. It uses "Ion Exchange" to remove PFAS. It’s a very quiet, automated operation. Once operational, it will be a very quiet neighbor. We will also be decommissioning five temporary treatment buildings once this is active. [47:15] **Commissioner Fischer:** With the trails and the park right there, how are we going to keep people from wandering around the facility? [47:25] **Ryan Burfeind:** We are looking at decorative fencing—similar to what we'd require of a commercial developer—to tie into the existing fire department and water tower infrastructure. [48:30] **Commissioner Brittain:** You're naming these "Lower" and "Intermediate," which gets confusing with the pressure zones. Maybe call them something different in the long term? [49:00] **Ryan Burfeind:** Thank you for that comment. [49:35] **Commissioner Stevens:** Since this is a water treatment plant, can we demonstrate reduced demand on watering by using native plantings instead of sod everywhere? [50:00] **Ryan Burfeind:** We are looking to do native grasses for the ponding areas and open spaces, similar to what the fire station did on the eastern side. [51:15] **Chair Frasier:** Before I open public hearing, in the interest of transparency, I own a residence within 500 feet of this project. I don't believe this affects my ability to make a decision. I will open public hearing now. [51:40] **Jerry Fuller:** Jerry Fuller, 8620 81st Street South. I’ve been here since 1974. I’m concerned about a golf course being built in our backyards. And the construction for the temporary plant was a horrible experience—they blocked access and didn't clean up. Please try to do better this time. [53:00] **Diane Fuller:** Diane Fuller, same address. My concern is that there was a contract put together when they built these houses that that area would remain uninhabited. I’d like someone to check that contract. [53:45] **David Wetco:** David Wetco, 8575 81st Street South. Right now we have deer, fox, owls, and muskrats out there. I really don't want the disc golf course—I'd much rather just see that stay native and wild. Also, the lighting... I’m disheartened it has to be on 24/7. We gather up on that hill to watch comets and Northern Lights. Please, if you can, at least turn them off for the 4th of July fireworks. [55:40] **Chair Frasier:** I'll close public hearing. Staff? [55:50] **Riley Rooney:** Regarding the disc golf—it’s not a standard golf course, it’s for Frisbees. Zach can elaborate. [56:15] **Zac Dockter:** It’s a "novice" course—five or six holes, very short. It’s meant for parents to teach children. It shouldn't have much impact on the land. Regarding the contract, in 24 years I have never heard of a contract for public land behind those spaces, but we’d be happy to review it if it exists. [57:30] **Ryan Burfeind:** For the lighting, these are downward-directed LEDs to meet the "zero foot candle" spillover code. We can certainly look into flipping the switch for the 4th of July. [58:30] **Chair Frasier:** Thank you to staff for being intentional. There's going to be disruptions, but this is something the city desperately needs. I'd look for a motion. [58:50] **Commissioner Brittain:** Move to approve subject to stipulations. [58:52] **Commissioner Rasmussen:** Second. [58:55] **Chair Frasier:** All in favor say Aye. [58:58] **Commissioners:** Aye. Motion carries 6-0. [59:00] **Chair Frasier:** 6D, Cannabis Ordinance Amendment, case TA2024-021, with City Attorney Corey L. presenting. [59:10] **Corey L:** This is a complicated subject. Our current code is outdated. The legislature decided all city moratoriums must expire December 31st. We are recommending specific zoning districts (B3, PB, MU) and distance restrictions: 1,000 feet from schools, 500 feet from parks/daycares, and 1,000 feet between cannabis businesses. For manufacturing, we are recommending a 1,000-foot buffer from residential properties because the manufacturing process smells like a skunk. We will also be adopting an odor ordinance. [65:20] **Commissioner Fischer:** Have we had inquiries? [65:25] **Corey L:** Only from Leafline Labs. The Office of Cannabis Management isn't even ready to process applications yet. [66:10] **Commissioner Bhatt:** Can the beverages be sold at liquor stores now? [66:15] **Corey L:** Currently no, because our existing ordinance prohibits it. This amendment would change that. [66:45] **Chair Frasier:** Since we are only "registering" these businesses, do we have the ability to unregister them? [66:55] **Corey L:** The Office of Cannabis Management handles penalties. We can shut them down for up to 30 days for health/safety, but the state can overrule us. However, our liquor licenses require compliance with all state laws, so we still have leverage there. [67:50] **Chair Frasier:** I'll close public hearing. Motion? [68:00] **Commissioner Fischer:** Motion to approve. [68:05] **Commissioner Brittain:** Second. [68:10] **Chair Frasier:** All in favor say Aye. [68:12] **Commissioners:** Aye. Motion carries 6-0. [68:20] **Chair Frasier:** Item 7A, minutes from August 26th. [68:25] **Commissioner Rasmussen:** Motion to approve. [68:27] **Commissioner Bhatt:** Second. [Motion carries 6-0]. [68:40] **Emily Schmitz:** 8A is the recap. Council approved the Kimbro subdivision. We are starting to think about our "Imagine 2050" Comprehensive Plan. And Oltman Middle School is moving forward with their expansion. [69:45] **Councilmember David Clausen:** Emily did a great job. We have the Minar conference coming up, and we'll keep you posted on any new commercial partners. [70:20] **Commissioner Fischer:** I have a request. Can we get resources for residents to remove dead trees? The Emerald Ash Borer has ravaged them and the storm took down so many. [71:00] **Emily Schmitz:** We are looking for funding sources. Our arborist does treat city trees, but for private property, it is a hefty price tag. [71:45] **Commissioner Bhatt:** Can we get a breakdown of tax dollars versus outside funding for 2025 projects? [72:00] **Crystal Raleigh:** We can provide that as an update. [72:15] **Chair Frasier:** Election day is next Tuesday. Please vote. There's nothing else; I would look for a motion to adjourn. [72:30] **Commissioner Fischer:** Motion to adjourn. [72:32] **Commissioner Rasmussen:** Second. [Motion carries 6-0]. [72:35] **Chair Frasier:** We are adjourned.